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

Vol. 161 WASHINGTON, THURSDAY, DECEMBER 3, 2015 No. 175 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE MINORITY Two months ago I came to the floor called to order by the President pro LEADER very sad. I was here mourning the mur- tempore (Mr. HATCH). The PRESIDING OFFICER. The der of innocent community college stu- f Democratic leader is recognized. dents attending class in Roseburg, OR. I said then that each time our Nation PRAYER f endures one of these mass killings, we The Chaplain, Dr. Barry C. Black, of- GUN VIOLENCE go through the same routine. First we fered the following prayer: Mr. REID. Mr. President, I hope all are shocked. Then we ask questions Let us pray. Members of Congress—Democrats and about the killers, their motives, and Eternal God, our helper, as a tragic Republicans, Members of the House and how they got their hands on those pattern of insane violence continues to Senate—take a long, hard look this guns. Then we wonder, what could we bring pain to our Nation and world, we morning, maybe in the mirror, and ask have done to prevent this terrible thing turn our eyes to You. Thank You that themselves: Where do I stand? from happening? though evil seems undeniably strong, Yet again our country is faced with As I said, the disturbing part is that You continue to rule in Your universe. another sickening act of gun violence. we don’t do anything. We don’t do any- May we refuse to be intimidated by the Yesterday’s shooting rampage took the thing. We, as the legislative body of adversaries of freedom, as we remem- lives of 14 people and wounded at least this country, do nothing. So I have a ber Your sacred words, ‘‘There is no 17 more, a number of those grievously question for every Member of this fear in love.’’ injured. That wasn’t the only shooting body: How can we live with ourselves Lord, lead our Senators with Your yesterday; a gunman in Georgia killed for failing to do the things that we wisdom. As they focus on Your pres- a woman and injured three others. know will reduce gun violence? Will it ence and power, shield their hearts So where do we stand? We have an get rid of all of it? Of course not. But with Your peace. When they seek Your epidemic of gun violence in America, will it reduce it? Yes. We are complicit guidance, direct their steps in the path and it is nothing less than sickening. through our inaction, and if we con- Fort Hood, 13 dead; Tucson, 6 dead; of truth. tinue to fail to act, we will be Give us all the sensitivity to com- Carson City, 4 dead; Aurora, 12 dead; Newtown, 20 little children, 6 edu- complicit today and every day into the prehend the holy meaning and the sa- future. We will keep ending up right cred mysteries that reside in every mo- cators; the Navy Yard in Washington, DC, 12 dead; Las Vegas, 3 dead, two of where we are, mourning innocent vic- ment. And, Lord, be near to all who are tims in San Bernardino, CA, or affected by the mass shooting in San whom were police officers. And I have heard this talk: Oh, it is so unusual, a Charleston or Newtown. When victims Bernardino, CA. turn to us for leadership and help, we We pray in Your merciful Name. husband and wife. These three people will have nothing to show but empty Amen. killed in Las Vegas were killed by a hands and a few empty gestures. It is f husband-and-wife team. In Charleston, nine dead; Moneta, VA, two dead—on despicable. PLEDGE OF ALLEGIANCE live television, he came to kill two peo- For far too long we have done noth- The President pro tempore led the ple. At Umpqua Community College, ing, even as the gun violence shakes Pledge of Allegiance, as follows: nine dead; Colorado Springs, three our Nation to its core. We must do I pledge allegiance to the Flag of the dead. something. We can start by passing im- United States of America, and to the Repub- That tragic list is nowhere close to proved background check legislation. lic for which it stands, one nation under God, being comprehensive. The one in Geor- Is it asking too much that if someone indivisible, with liberty and justice for all. gia yesterday—one dead, two wounded. is crazy or a criminal, they shouldn’t Mr. REID. Mr. President, I suggest It hardly made the press. But the ones be able to walk into any gun shop and the absence of a quorum. I just mentioned are a few that we buy a gun? Of course not. But that is The PRESIDING OFFICER (Mr. LEE). picked up earlier this morning in my the law in America. The clerk will call the roll. office. I know the thought of upsetting the The legislative clerk proceeded to It would be very difficult to list all National Rifle Association scares ev- call the roll. the mass killings that have taken place erybody—oh, especially my Republican Mr. REID. Mr. President, I ask unan- in recent years. Why? Because we are colleagues. Do you know what scares imous consent that the order for the 337 days into 2015 and we have had at the American people? Gun violence. quorum call be rescinded. least 355 mass shootings—355 mass These mass shootings at holiday par- The PRESIDING OFFICER. Without shootings in 337 days. We are averaging ties frighten the American people. Is it objection, it is so ordered. more than one a day. unreasonable that they are frightened?

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

S8323

.

VerDate Sep 11 2014 01:44 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.000 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8324 CONGRESSIONAL RECORD — SENATE December 3, 2015 Of course not. People are afraid to go forms that have been proven to stop at- was taking them away. The American to a movie theater or to a concert. tacks and save lives. I hope Repub- people took a different view. The bill before the Senate today is to licans will find the courage to join with Here is a note I received from a con- get rid of ObamaCare, and everybody us and pass meaningful legislation to stituent in Caldwell County when her knows it is just a gesture in futility. prevent further gun violence. family lost their plan. Here is what she They have tried it 60 times or 48 I apologize for speaking before the said: times—I don’t know; we lost track—in Republican leader, but I was told he I was lied to by the President and Congress the House, and every time, the same was going to be late. when we were told the ‘‘Affordable’’ Care Act would not require us to switch from our cur- answer: No. In the Senate, we have f done it 14, 15 times—always the same rent insurance provider. My husband and I answer. Einstein said the definition of RECOGNITION OF THE MAJORITY work hard, pay a lot of taxes and ask for lit- ‘‘insanity’’ is when someone does the LEADER tle from our government. Is it asking too much for government to stay out of my same thing over and over again know- The PRESIDING OFFICER. The ma- health insurance? ing they are going to get the same re- jority leader is recognized. sult. So we are wasting our time today. Americans were promised that Everyone knows the result. f ObamaCare would lower costs and even bring down premiums by $2,500 per fam- But we have the opportunity to cast TRAGEDY IN SAN BERNARDINO a vote here today—or we will shortly— ily. It is a promise Democrats made to Mr. MCCONNELL. Mr. President, the because we are focused on doing some- sell ObamaCare, and it is a promise senseless loss of life in San Bernardino thing. People on this side of the aisle they broke. continues to defy explanation. We have are focused on doing something to stop Just last night, we learned from the faith that law enforcement will con- this gun violence, and we are going to government’s own actuaries that tinue working hard to uncover the force amendments to that end today— ObamaCare is leading to higher health truth behind this tragedy. Today, what not many but a few. We will try to do care costs. We also know that pre- we should all agree upon is that we will something, anything. miums continue to shoot up by double keep the victims and the families in Are we going to vote on expanded digits in many areas, including Ken- our thoughts, that we as a Senate offer background checks? Shouldn’t we do tucky. condolences to them, and that we as a that at least? We are going to vote to Democrats’ response to their broken Senate recognize the continuing efforts prevent criminals convicted of promise? President Obama said Ameri- of law enforcement officials and first harassing women’s health clinics from cans who already had health insurance responders. buying a gun, owning a gun. ‘‘may not know that they’ve got a bet- Senators will have to decide where f ter deal now [under ObamaCare] than they did, but they do.’’ Obviously, the they stand on these amendments. Do OBAMACARE they stand with babies who were killed President thinks he knows more about in Connecticut, families who want to Mr. MCCONNELL. Mr. President, our health insurance than we do. Of do nothing more than go about their middle-class Americans continue to course, the American people took a dif- day without the daily threat of shoot- call on Washington to build a bridge ferent view. ings? My friends in Nevada, two police away from ObamaCare. They want bet- One Kentuckian wrote me after being officers in uniform sitting down to ter care. They want real health reform. forced into an ObamaCare plan she have a lunch break, and two people For too long, Democrats did everything called ‘‘subpar’’ with a nearly $5,000 de- walk in behind them and shoot them in to prevent Congress from passing the ductible. ‘‘I cried myself to sleep,’’ she the back of the head and kill them. type of legislation necessary to help said. ‘‘I work hard for every penny I They went over to Walmart and killed these Americans who are hurting. earn,’’ and this ‘‘is unacceptable.’’ another person. Well, today, Mr. President, that ends. Americans were promised ObamaCare People are afraid. Today, a middle class that has suffered would create millions of jobs. It is a There was a time in my legislative enough from a partisan law will see the promise Democrats made to sell career that I tried to work with the Na- Senate vote to build a bridge past ObamaCare, and it is a promise they tional Rifle Association, but the NRA ObamaCare and toward better care. broke. ObamaCare is leading to fewer today is a far cry from the sportsmen’s The Restoring Americans’ Healthcare jobs, not more of them. In Kentucky, organization I once supported. The Freedom Reconciliation Act we are de- our Democratic Governor once de- NRA once called mandatory back- bating deserves the support of every clared it an ‘‘undisputed fact’’ that ground checks ‘‘reasonable.’’ That is Member of this body because here is ObamaCare’s Medicaid expansion had what they said; I am not making this what we know. ObamaCare is a direct added 12,000 jobs to Kentucky’s econ- up. But now its leadership and organi- attack on the middle class. It is riddled omy. But as Kentuckians now know, he zation have transformed into a quasi- with higher costs and broken promises. was undisputedly wrong. Not only did militant wing of the Republican Party. It is defined by failure. It is punctuated those jobs fail to materialize, but They are being pushed more and more with hopelessness. And the scale of its health care jobs have actually declined into the camp of guns for everybody many broken promises is matched only in Kentucky since the passage of anytime they want them, and they are by the scale of its defenders’ rigid and ObamaCare. being pushed by the—they have a com- unfeeling responses to it. Democrats’ response to their broken petitor now: Gun Owners of America. Let us consider just a few right now. promise? I think this headline about Those who choose to do the NRA’s Americans were promised they could the comments of a senior Democrat bidding will be held accountable by our keep their health plans if they liked captures it perfectly: ‘‘ObamaCare al- constituents. Their vote against these them. It was a promise Democrats lows workers to ‘escape’ their jobs’’—to sensible measures will be a stain for all made to sell ObamaCare and it is a escape their jobs. Well, the American of the American people to see. promise they broke. Americans could people took a different view. Something has to be done. We must only keep their plans if the President A constituent from Somerset wrote take a stand. The American people are liked them, not if they liked them. to tell me that ObamaCare’s mandates desperately looking for help—some Americans could only keep their plans were causing her to lose up to 11 help, any help. It will never be possible if the President liked them. hours—up to 11 hours—per week at to prevent every shooting. We know Millions saw the coverage they liked work, which meant about $440 less in that. But we have a responsibility to ripped away as a result of a callous and her pocket every month. try. There are certain things we can partisan law. ‘‘ObamaCare,’’ she said, ‘‘[is] causing do. If someone is mentally deranged Democrats’ response to their broken us to lose hours [and] lose wages, yet and a criminal, should they be able to promise? They tried to dismiss stories expecting us to spend more.’’ walk in and buy a gun anyplace? Of about folks losing insurance by saying Now, Americans were promised course not. We have a responsibility as they had lousy plans anyway and that ObamaCare wouldn’t touch Medicare. lawmakers to enact commonsense re- they should be grateful the government Americans were promised that taxes

VerDate Sep 11 2014 01:44 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.008 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8325 wouldn’t increase. Americans were And after years of inaction, the Sen- AFFORDABLE CARE ACT promised shopping for ObamaCare ate took bipartisan action to meaning- Mr. REID. Mr. President, I wonder would be as simple as shopping for a fully improve our roads and infrastruc- what my Republican friends do when TV on Amazon. Three more promises, ture over the coming years. Many said they are not here in Washington, DC. three more betrayals, and on and on that the long-term Highway and Trans- Do they bother to talk to their con- and on it has gone for more than 5 long portation Funding Act would never stituents? Do they sit down and meet years. pass the Senate, but we proved them them at townhall meetings or across a Democrats need to understand it is wrong. We proved it could actually fence in someone’s backyard? I have a time to face up to the pain and the fail- pass by a wide bipartisan margin. In a hard time believing my Republican ure their law has caused. They can new and more open Senate, Senator friends are spending much time listen- keep trying to talk past the middle INHOFE, a Republican, and Senator ing to constituents’ concerns. I already class. They can keep trying to deny re- BOXER, a Democrat, were able to en- talked about guns today. ality. But they have to realize that no sure that it ultimately did. It seems to me what we are doing is one is buying the spin but them. Today, we are on the verge of passing counter to the needs of constituents. Americans are living with the con- that bill again. We are on the verge of This absurd—absurd—attempt to re- sequences of this broken law and its passing it into law. The revised legisla- peal the Affordable Care Act through broken promises every single day. Its tion we will consider provides 5 full reconciliation is a perfect example. negative effects are often felt in the years of highway funding. It would be Every day the Republican leader comes most personal and visceral ways, and the longest term bill to pass Congress to the floor and rails against Americans are tired of being con- in almost two decades, and it would ObamaCare, yet more than 10 percent descended to. They want change, and provide long-term certainty in a fis- of his constituents are benefiting from they want a bridge to better care, not cally responsible way. In other words, the Affordable Care Act—500,000 people. ObamaCare, and this bill offers it. this bill will finally provide State and I can’t believe those people in Ken- I think Democrats have a particular local governments with the kind of cer- tucky are telling the Republican leader responsibility to the millions their law tainty they need to focus on longer to take away their health care. has hurt already to help pass the law term road and bridge projects. This is a Now, he is not alone in pushing the we have before us. I think the Presi- significant departure from years— repeal that would expressly hurt people back home. He and the junior Senator dent has a particular responsibility to years—of short-term extensions. from Wyoming both oppose the Afford- the millions his law has hurt already There is a lot more to say about what to then sign it. That is the best way to able Care Act and the law’s expansion the new Congress has been able to of Medicaid, but their own Republican build a bridge to a fresh start—to a achieve on behalf of the American peo- better, healthier, and stronger begin- Governor—the Governor of Wyoming— ple. I look forward to continuing to is using ObamaCare to expand health ning. share these successes here on the floor. f coverage for the people of Wyoming. Tuesday’s announcement on the Wyoming Governor Matt Mead is pro- ACCOMPLISHMENTS OF THE NEW highway bill is just the latest reminder posing a Medicaid expansion that will SENATE of what is possible in a new and more help 17,000 people. Now, 17,000 people in Mr. MCCONNELL. Now, Mr. Presi- open Senate. It builds the basis for the sparsely populated State of Wyo- dent, on another matter, every day this more wins into the future. And most ming is a lot of people. Governor Mead week I have mentioned some of the sig- importantly, it is an achievement for wrote this to the State legislature: nificant accomplishments of a Senate the American people—an achievement This economic boost would stabilize serv- under new management—a Senate that that only a new Congress has been able ices and inject tax dollars paid by Wyoming has put its focus back on the American to deliver. citizens back into Wyoming communities. The numbers are compelling. people. The PRESIDING OFFICER. The After years of inaction, this Senate Democratic leader. But apparently those facts are not took bipartisan action to help the vic- compelling enough for the Senators from Wyoming, who are both voting for tims of modern day slavery. Many said f the Justice for Victims of Trafficking repeal. The Republican Senator from North Act would never pass the Senate, but WORK OF THE SENATE Dakota has also been a critic of the Af- we proved them wrong. We proved it fordable Care Act. Once again, his op- could actually pass by a wide bipar- Mr. REID. Mr. President, no matter position does not jibe with what North tisan margin. In a new and more open how many times my friend—and we Dakota’s Governor is saying. North Da- Senate, Senator CORNYN was able to have served together in this body for a kota Governor Dennis Daugaard is work with Democratic partners to en- long, long time—comes here and talks about how wonderful this Senate is fighting in the State legislature to ex- sure it ultimately did. pand Medicaid access to residents. He After years of inaction, the Senate under Republican leadership, the facts is a Republican and served for 10 years took bipartisan action to protect the aren’t on his side. He talked about get- as JOHN HOEVEN’s Lieutenant Gov- privacy of Americans. Many said the ting things done after years of inac- ernor, but Senator HOEVEN will vote for Cybersecurity Information Sharing Act tion. The inaction was the result of Re- publican filibusters—recordbreaking repeal. would never pass the Senate, but we The junior Senator from Montana is filibusters. proved them wrong. We proved it could opposed to Medicaid expansion. Earlier actually pass by a wide bipartisan mar- Bill after bill was blocked. Elemen- in the month he seemed supportive of gin. In a new and more open Senate, tary and secondary education, cyber Montana’s expansion of Medicaid say- Senator BURR, a Republican, and Sen- security, everything that he men- ing: ator FEINSTEIN, a Democrat, were able tioned—everything, without excep- I respect the decision of our Legislature to ensure that it ultimately did. tion—would have been done a long time and our governor on Medicaid expansion. I’m After years of inaction, the Senate ago except for Republican filibusters. one who respects their rights and voices. took bipartisan action to lift children To now come to the floor and claim: But today, I am told, he will perform up with better educational opportuni- Isn’t it wonderful we were able to get a breathtaking about-face and vote to ties. Many said the Every Child things done during this Congress, be- do away with Montana’s health care. Achieves Act would never pass the Sen- cause we did not block things—no mat- There is a longer list. Republicans ate, but we proved them wrong. We ter how many times he comes, we and from Ohio, West Virginia, and the proved it could actually pass by a wide the pundits have already said it is the State of Nevada have all embraced bipartisan margin. In a new and more most unproductive year in the Senate’s Medicaid expansion. open Senate, Senator ALEXANDER, a history. We have had more revotes In Nevada, Governor Brian Sandoval Republican, and Senator MURRAY, a than at any time in the history of the is considered by many to be a star in Democrat, were able to ensure that it country and less done than at any time the Republican Party. But notwith- ultimately did. in the country’s history. standing his party’s anti-ObamaCare

VerDate Sep 11 2014 02:10 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.009 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8326 CONGRESSIONAL RECORD — SENATE December 3, 2015 ideology, he displayed courage by ex- Care Act is going nowhere. Instead of the President has shown such an inter- panding health coverage for tens of wasting everyone’s time and instead of est in this topic, one we have been thousands of Nevadans. ignoring the wishes of the people back working on in the Congress for a num- I hope my friend and fellow Senator home, let’s work together to improve ber of years. from Nevada will follow our Governor’s health care coverage. There are a lot of I have said it before and I will say it example and stand for our constitu- things we can do by working together again, I don’t agree with the President ents’ health care. Too few Republicans to improve health care coverage for on a lot of things, perhaps most things, will. If ObamaCare is so awful, why are Americans. Let’s move beyond repeal but I am glad to know he is making Republicans from Kentucky, Wyoming, and start making the Affordable Care this issue a priority. I think it is one of North Dakota, and New Hampshire so Act work even better for the American those rare, magical moments where eager to use it? It is simple: The Af- people. you see things coming together on a bi- fordable Care Act expands coverage and Would the Chair announce the busi- partisan basis across the political spec- cuts costs. It is good for the States. ness of the Senate today. trum, where we can actually make That is why Arizona expanded Med- f some real progress that will benefit the icaid. It is insuring hundreds of thou- American people and make our crimi- sands of Arizonans, as we talk now. RESERVATION OF LEADER TIME nal justice system fairer and more ef- I was disappointed with my friend. The PRESIDING OFFICER (Mr. fective. We served together, we came to the ROUNDS). Under the previous order, the Of course, in the Senate, a diverse bi- House together, we came to the Senate leadership time is reserved. partisan group has shared this concern together, and he is the senior Senator f for a very long time. While I appreciate from Arizona. He made it clear that he the President’s vocal support and for will vote for repeal, in spite of all the RESTORING AMERICANS’ convening the group to discuss it this people benefiting from ObamaCare HEALTHCARE FREEDOM REC- morning, I want to make it clear that back home. This is what JOHN MCCAIN ONCILIATION ACT OF 2015 this legislation has been years in the said: ‘‘Obviously the Governor and Leg- The PRESIDING OFFICER. Under making. Actually, the impetus for the islature in my state decided that they the previous order, the Senate will re- part I contributed to the bill emanated wanted that program and so it is going sume consideration of H.R. 3762, which from a 2007 experiment in Texas in to trouble me in the vote.’’ The senior the clerk will report. prison reform. That legislation has Senator from Arizona acknowledged The senior assistant legislative clerk manifested itself in the Senate and is that he is casting a vote in direct oppo- read as follows: now called the Sentencing Reform and sition to the needs of the people of Ari- A bill (H.R. 3762) to provide for reconcili- Corrections Act of 2015. It is a result of zona. a lot of hard work and some com- So if Republicans aren’t listening to ation pursuant to section 2002 of the concur- rent resolution on the budget for fiscal year promise, which is the only way things their constituents or State leaders, to 2016. actually get done around here in order whom are they listening? As always, Pending: to build a bipartisan consensus, and it the answer is corporations. Billion-dol- McConnell amendment No. 2874, in the na- brings targeted and much needed re- lar companies have no trouble getting forms to the Federal justice system. congressional Republicans to do their ture of a substitute. Murray/Wyden amendment No. 2876 (to I am very glad to be able to join with bidding. Even as they try to snatch amendment No. 2874), to ensure that this Act the junior Senator from Rhode Island, health coverage from 17 million Ameri- does not increase the number of uninsured somebody, again, who is probably at cans, Republicans are throwing money women or increase the number of unintended the opposite end of the political spec- at corporations. That is what they plan pregnancies by establishing a women’s trum from me in terms of ideology, but to do with the money saved by repeal- health care and clinic security and safety fund. we have found common ground on this ing the Affordable Care Act. They will important prison reform component. hand it over to corporations in the Johnson amendment No. 2875 (to amend- ment No. 2874), to amend the Patient Protec- Most prisoners will eventually be re- form of tax breaks. tion and Affordable Care Act to ensure that I have news for my own Republican leased into society, which is something individuals can keep their health insurance we have forgotten. Unfortunately, our friends: These multibillion-dollar com- coverage. panies don’t need your help. They are prisons have too often become ware- Mr. REID. Mr. President, if I could doing just fine on their own. The Amer- houses for human beings, and we have interrupt and apologize for that, I ask ican middle class needs help, but this forgotten the reality that many of unanimous consent that the time in Republican Congress is doing nothing them will be released back into soci- quorums called by the Chair be divided to aid working families. Why are we ety. Yet we have done very little to equally between the majority and mi- here if we are not here to help people help prepare them to successfully reen- nority. back home? ter society rather than get into that The PRESIDING OFFICER. Without When Republican Presidential can- turnstile that sometimes characterizes objection, it is so ordered. didate John Kasich—somebody whom I our criminal justice system and many Under the previous order, the time came to the House with in 1982—was end up right back in prison again. We until 1:30 p.m. will be equally divided asked earlier this year why he chose to can’t save everybody, but I believe we in the usual form. expand Medicaid in the State of Ohio, can offer an opportunity for some who Mr. DURBIN. I suggest the absence of he gave this remarkable answer: want to save themselves to improve a quorum. themselves and be better prepared to When you die and get to the meeting with The PRESIDING OFFICER. The St. Peter, he’s probably not going to ask you reenter society as productive individ- much about what you did about keeping gov- clerk will call the roll. uals. ernment small. But he is going to ask you The senior assistant legislative clerk As I said, this reform was based on an what you did for the poor. You better have a proceeded to call the roll. experiment in Texas starting back in good answer. Mr. CORNYN. Mr. President, I ask 2007. People perhaps think of Texas as That is from John Kasich. He is unanimous consent that the order for being tough on crime, and indeed we right. This is an opportunity to help the quorum call be rescinded. are, but we finally realized we also unfortunate Americans who lack qual- The PRESIDING OFFICER. Without have to be smart on crime. Prisons cost ity health insurance. I only wish Gov- objection, it is so ordered. money. Every time somebody reoffends ernor Kasich could convince the junior CRIMINAL JUSTICE REFORM and ends up back in the prison system, Senator from Ohio of that simple Mr. CORNYN. Mr. President, this we have to pay the salaries of prosecu- truth. morning I will be joining—at the Presi- tors, public defenders, judges, and oth- I say to my Republican friends: Do dent’s invitation—a bipartisan group of ers, and that is expensive. If we can the right thing; stop this nonsense Congressmen and Senators to discuss find a way to be fiscally more respon- about repeal of ObamaCare. Everyone the need for criminal justice reform in sible and actually be more effective knows this repeal of the Affordable the country. I am actually very glad when it comes to the results, we ought

VerDate Sep 11 2014 01:44 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.011 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8327 to grab that opportunity. I happen to of the Presiding Officer, by the effects now, for the third time in as many think it represents the way we ought of ObamaCare. Almost every day we years, searching for yet another health to legislate here in Washington, DC, read news accounts of escalating insurance plan after his was canceled. that is based on successful experiments health care costs, including premiums He went on to highlight another theme in the States. and fewer choices and options and less that is impossible to miss when I talk It is no coincidence that Louis Bran- access for our constituents. to folks back home about this topic. He deis once called the States the labora- Just recently, the Houston Chronicle said: tories of democracy, but it represents reported that next year the Houston- I seem to remember the President saying the opposite of what we have seen here area patients won’t have access to any something about liking your insurance and in Washington, DC, when, for example, plans on the ObamaCare exchange that being able to keep it? For myself and my in ObamaCare the President decides we cover costs at MD Anderson, the pre- family it’s been just the opposite. We loved are going to take over one-sixth of the mier cancer-treating facility in Amer- our insurance prior to the passage of the act U.S. economy and we are going to man- ica. If we can’t buy insurance to cover and have since been forced to purchase much date from Washington a one-size-fits- more expensive insurance with much higher catastrophic events like cancer at the deductibles. all approach for 320 million or so Amer- hospital of our choice, what good is it? icans. It just doesn’t work, as we have As a matter of fact, I remember our Well, he is right. And in just a few documented time and time again on former colleague, Senator Tom Coburn hours we are going to have a chance to the floor. from Oklahoma, who has used up most vote on the Johnson amendment to I am optimistic we have found an of his nine lives, but he has experienced this legislation we are considering, area where we can work with the Presi- cancer at least three times, to my which is an ‘‘If you like it, you can dent and move this legislation forward. recollection, and he actually was seek- keep it’’ amendment, to keep that I ask that the President roll up his ing treatment at MD Anderson. He said guarantee. We will see how our friends sleeves and work with us, along with that as a result of ObamaCare, he could on the other side of the aisle vote, who the Democrats and both Houses of Con- no longer get coverage from the insur- forced this flawed legislation down the gress, so we can make this criminal ance policy he had because MD Ander- throats of the American people, based justice reform a reality. son wasn’t an acceptable provider on this experience. Mr. President, I mentioned under the ObamaCare policy. Just like many other Texans, the ObamaCare. That is my second topic So today I will provide a very quick people I have talked about back home for today. snapshot of the thousands of letters I have seen their premiums and their This afternoon we will keep a prom- have received, and I am sure they are deductibles skyrocket to unaffordable ise we made to the American people typical of the letters we have all re- levels. Along with this anemic econ- that we will vote to repeal ObamaCare. ceived from our constituents about the omy and flat wages, people have found ObamaCare—were this legislation problems they have encountered with themselves with less and less money in signed into law—could not sustain this ObamaCare. their pockets and found themselves mortal wound that is going to be in- One of my constituents recently with a decreased and diminished stand- flicted this afternoon. Are we doing wrote to me to tell me her story, and it ard of living, which has caused a lot of this for partisan reasons? I would say, is similar to the narrative I have heard frustration. no, absolutely not. What we are doing from many others. Her insurance plan This particular constituent ended his is listening to our constituents who was canceled last fall because it didn’t letter to me by asking the Members of told us that they have had one bad ex- meet the mandates of ObamaCare. As a Congress to ‘‘do anything within your perience after another with result, she had to switch to a more ex- power to reverse this terrible ObamaCare. They have been forced by pensive policy, one with a higher healthcare trend. . . . I need relief,’’ he the Federal Government to buy cov- said. erage that they don’t want, don’t need, monthly payment and an $11,000 de- ductible. What good is it to have an in- We have reached a pretty scary time and can’t afford. So we proposed to in our Nation’s history when we have send a bill to the President that would surance policy with an $11,000 deduct- ible? How many Americans can self-in- Americans writing and calling their repeal ObamaCare and then replace it elected representatives saying they with affordable coverage that people sure and pay that bill so that they can take advantage of what limited cov- need relief from their own government. actually want. We made it clear to the The threat is not outside; people are American people that if they gave us erage they actually have under such a policy? being threatened by their own govern- the privilege of leading in the Con- ment and the overreach they see and gress, we would keep this promise, and She went on to say that she was noti- fied that her plan would once again be the negative impact it has on their we will fulfill that promise in the Sen- quality of life and their standard of liv- ate today. terminated for the next year, and her ing. I remember voting at 7 a.m. on monthly costs would go up again as a So we have a duty now—we have a Christmas Eve in 2009, when 60 Demo- result. To top it off, she would end up crats voted to jam ObamaCare down losing her primary care provider. In mandate, I believe—to repeal this ter- the throats of the American people. other words, the doctor she preferred rible law and to make it a relic of the They made promise after promise. The would no longer be available to her past, and we are going to do our duty. President himself said: If you like what under this new policy that she would We are going to keep our promise to you have, you can keep it. That proved be forced to buy at a higher price. the American people today. not to be true. The President said a She is like a lot of folks around the There was an outcry from my con- family of four would see an average re- country—full of questions and frustra- stituents back home on another topic duction in their premium cost by tions and seemingly nowhere to turn to that gripped our attention—the hor- $2,500, and that wasn’t true. find any relief for her spouse, for her rific videos released showing Planned So as somebody who has spent a lit- children, or for their small business. Parenthood executives callously dis- tle bit of time in law enforcement as a This particular constituent implored cussing the harvesting of organs from former attorney general in my State, I me and Congress to do something unborn children. We seem to have for- would call this a deceptive trade prac- about it. She said: ‘‘Senator CORNYN, gotten those terrible videos and what tice. This is defrauding the American this has caused turmoil throughout they have depicted. people, selling them a product based on Texas . . . we are terrorized in our own This bill will also do something to a set of promises that ends up not country by the so-called benefit of the defund Planned Parenthood and redi- being true. Affordable Care Act.’’ Those are her rect those funds to the many commu- I believe it is time to repeal this bad words, not mine. She said her family nity health centers that exist in Texas law and to replace it with something was terrorized by ObamaCare. and across the country that day in and that people want and that they can af- The strong message she conveyed is day out diligently provide health care ford. not all that different from what I have to people in my State and around the My State has been hit hard, as all heard from other people. Another con- country. There will be no less money States have been, including the State stituent raised a similar issue. He is directed toward public health care; it

VerDate Sep 11 2014 01:44 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.012 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8328 CONGRESSIONAL RECORD — SENATE December 3, 2015 will be redirected away from Planned Bernardino Department of Public leries. They deserve to be safe going to Parenthood and to the community Health. I began my career as a county a movie theater. They deserve to be health centers. supervisor, and I oversaw in Marin safe in their school when they are 6 By the way, there are a whole lot County the Department of Public years old or 16 or 26. They deserve to be more community health centers, so Health. I know how dedicated those safe in their workplace, at a shopping there will actually be improved access county employees are. They are right mall, at a restaurant, and at a health for most Americans at community there. They are right there in the com- care clinic. health centers. munities. And the facility was dedi- This is our job, to keep our people By repealing ObamaCare, we are cated to helping disabled people. So for safe. We know the threats that face us doing more than just delivering on a this to happen at a holiday party where abroad, and we have threats at home. promise; we are providing a way for- these employees were gathering in So we need to do both. We need to pro- ward for millions of Americans around friendship—it is a stunning shock. tect our people abroad from threats this country who have been hurt—not While details about the motive be- abroad and from threats at home. The helped but hurt—by ObamaCare. We hind this despicable attack are still un- very best way to honor the victims of will do our best to help them find some known, here is what we do know: Be- gun violence is to take sensible steps relief, as one of my constituents whom cause these killers used military-style that are supported by the American I just quoted implored. weapons, 14 people died and 17 people people, such as universal background We look forward to passing this legis- were wounded in a matter of minutes. checks, safety features on guns, keep- lation to scrap ObamaCare and to bring The purpose of these guns, these ing assault weapons in the hands of our this country one step closer to making military-style guns, is to kill a lot of military and our police, and keeping it history. people very fast. The scene looked like guns out of the hands of people who are Again, this isn’t just about repealing a war zone, and there is a reason for unbalanced, unstable, criminals. Then ObamaCare; this is about replacing it that—again, because these weapons are we can prevent these tragedies. with coverage that people want and designed for the military. They are de- Will we prevent every tragedy? No. I that suits their personal needs at a signed for the police. know my friends will say: Well, some- price they can afford. One would have I have to be honest with my col- one can have a knife. Yes. It is a lot thought that health care reform would leagues: I have never heard one persua- easier to get away from a knife than an be about making health care more af- sive argument about why anyone else automatic weapon that mows you down fordable, but, in fact, ObamaCare was would need to have this type of weap- before you can even look up and figure just the opposite. It made it more ex- on. These weapons of war just don’t be- out what is happening. I am crying out today for support for pensive and less affordable, as we have long on our streets and in our commu- sensible gun laws, and regardless of seen and as I have tried to point out in nities. My colleague Senator FEINSTEIN motive—regardless of motive—we need my remarks. for years has been pushing sensible leg- to make sure that military weapons be- I don’t see any other Senator seeking islation that would keep these mili- long in the hands of the military and recognition, so I suggest the absence of tary-style weapons off our streets. We the police. It is pretty straightforward. a quorum. need to stand with her. We need to Our people are not safe. I don’t care The PRESIDING OFFICER. The stand with her across party lines and what State you look at, I don’t care clerk will call the roll. pass it. what city you look at, I don’t care The senior assistant legislative clerk It is so discouraging that we can’t even pass legislation here that would what county you look at. proceeded to call the roll. San Bernardino is a beautiful place. I Mrs. BOXER. Mr. President, I ask keep suspected terrorists who are on don’t live far from there. I have an of- unanimous consent that the order for the no-fly list from legally buying a fice about 15 minutes or less from the quorum call be rescinded. weapon—any kind of a weapon. there. People deserve to feel safe in our The PRESIDING OFFICER. Without It isn’t enough for us to keep lament- communities. So I send my love, my objection, it is so ordered. ing these tragedies; we need to take ac- prayers, my solidarity to the commu- tion now, before something else like TRAGEDY IN SAN BERNARDINO nity, to the families, to the first re- this happens again in the Presiding Of- Mrs. BOXER. Mr. President, when I sponders, and to everyone there. Yes, ficer’s State, in my State. When we woke up this morning, I had hoped that we are going to pull together, as all yesterday’s tragedy in San Bernardino take an oath of office, we swear that these communities do, but we need to was just an unimaginable nightmare. we will protect and defend the Amer- prevent these things from happening Then, as I usually do in the morning, I ican people. I just don’t think we are because if we don’t, we are liable. went through the clips from my State protecting them when we allow these I believe we are liable. We know what and I read the headlines: types of weapons to get into the wrong is killing people every day. It is gun vi- ‘‘Bloodbath in San Bernardino.’’ hands. olence, and we know it. I am not a law- ‘‘14 slain at California office party.’’ This year we are averaging more yer, but I have a lot of family members ‘‘Carnage in California.’’ than one mass shooting every single who are lawyers—my son is, my father ‘‘Shooting Rampage Sows Terror in day—multiple people killed by guns, was, my husband is—and I think once California.’’ innocent people, every day. This is you know something is happening and ‘‘At Least 14 Dead in Mass Shoot- America. This doesn’t happen in other you can do something about it and you ing.’’ industrialized nations. Thirty-one peo- don’t do something about it, you are ‘‘Deadly rampage at holiday party.’’ ple die every day from gun violence. liable—maybe not in a legal sense, but ‘‘A Day of Horror.’’ After 10 years of the Vietnam war, we in a moral sense. ‘‘Horror Hits Home.’’ lost nearly 60,000 Americans, and peo- So I hope we can come together ‘‘ ‘Horrific’.’’ Just one word. ple were in despair. We lose more than around this. Every time the press ‘‘Masked Mass Murder.’’ that in gun violence in less than 2 comes in and asks me, tragedy after These are papers all over my State years in this great Nation. If there tragedy after tragedy: Will something and a couple of national headlines. were anything else that caused the happen now? After Sandy Hook, I said: My heart is broken after this ram- death of 30,000 Americans a year, every Absolutely. We are going to come to- page that led to the tragic loss of life, single Senator would be in their chair gether. We did not. We did not. so many injuries, so much trauma and and we would be demanding action and I want to close with this. In Cali- pain for the people of San Bernardino. we would be crossing over party lines fornia we have tough gun laws. I don’t I thank the medical personnel who to stop it because that, my friends, is know how these weapons got where are working as we speak to save lives an epidemic. they were. We will find out. People say: and all the brave, courageous law en- People deserve to feel safe in their Well, we have these gun laws. Look at forcement officers who rushed to the communities. I don’t understand it. this; we have had a 56 percent reduc- scene and later stopped these killers. They deserve to feel safe when they go tion of gun violence since 1993 in my We know the victims in this attack to a holiday party at work. They de- great State because we have taken ac- were county employees at the San serve to be safe sitting in these gal- tion. But this is one Nation under God.

VerDate Sep 11 2014 01:44 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.013 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8329 If somebody comes from a nearby should change. Federal financial aid leagues if they had fallen down, hit State, from the North, from the East, should be a resource that students and their heads, and thought they woke up and they have a gun—that is why it is their families can count on, that they in the 1950s. Today I am back to check so important for us to work together to can plan around. on my Republican colleagues because have sensible national laws and uni- To that end, the amendment I filed it appears they are suffering from a se- versal background checks. Almost 90 would do two things. First, it would rious case of memory loss. percent of the people support it. The convert the Pell Grant Program from Before I call the doctors at Mass Gen- majority of NRA members support it. the discretionary side of the budget to eral, I have to say this really isn’t a What is wrong with us that we can’t do the mandatory side of the budget for 5 joke. I truly, honestly cannot come up that? What are we afraid of? years. That way, eligible families won’t with a better reason why my Repub- These military assault-style weapons have to worry each year about congres- lican colleagues have forced us back to kill so fast—and so many people. We sional appropriations, at least for 5 the Senate floor once again to talk should make sure they are in the hands years, and they can plan their financ- about another reckless scheme to of the military and the police. ing for an entire 4-year degree. Second, defund Planned Parenthood. What is My heart is heavy and will remain so. my amendment would index Pell with you guys? This is supposed to be a great day for a grants annually for inflation. That Remember this summer? Republicans lot of us who worked so long and hard means that as college costs rise, so, launched a deliberate, orchestrated plan to defund women’s health care on the highway bill. This was a mo- too, will they allow Federal aid to low- centers. Let me just clarify. This was ment we were waiting for, and that is income students. not a plan to defund abortions because what life’s about. You know, there are Students and their families should for nearly 40 years the Federal Govern- these moments that you savor, and have confidence that if they commit to ment has prohibited Federal funding there are moments that you wish to earning an education, Federal support for abortion. Nope. The plan was to God you never had to talk about or ex- will be there for their hard work. My defund Planned Parenthood health care perience. That is the kind of day it is amendment would give them that sta- centers that nearly 2.7 million people for this particular Senator, and I know bility. use every year, health care centers Senator FEINSTEIN feels the same way. This amendment is paid for by clos- that one in five women across America I thank you very much, and I yield ing tax loopholes for corporate execu- has used for cancer screenings, preg- the floor. tives and hedge fund managers and by nancy and STD tests, birth control, The PRESIDING OFFICER. The Sen- instituting the Buffett rule, to ensure and other basic medical care. ator from Hawaii. that Americans who earn over $1 mil- To a lot of women and to a lot of Ms. HIRONO. Mr. President, I rise lion per year pay their fair share of men, the effort to defund Planned Par- today to discuss an amendment I filed taxes—tax fairness from those who enthood health care centers was an to the reconciliation bill, amendment earn more in a year than many college overt attack on women’s access to No. 2887, to strengthen Pell grants. graduates may earn in their lifetimes. needed and legal health care. When the This amendment provides middle- To give a hand-up to the next genera- Republicans forced the Senate to vote class families with the kind of stable tion of strivers is more than reasonable on a bill to defund Planned Parent- funding source that they can rely on to me. Access to educational oppor- hood, it failed—and rightly so. That when it comes to paying for college. tunity is not a handout. Graduates will should have been the end of it, but Re- Pell grants have historically been the still have to work hard to get good publican extremists just won’t quit. In key investment in helping low-income jobs, start businesses, and succeed, and fact, they are doubling down. students pay for college. Most of my when they succeed, our country suc- Today Senate Republicans will use a colleagues would agree that a good ceeds. special maneuver to hold another vote education is one of the surest paths to I urge my colleagues to support my to defund Planned Parenthood, this the middle class. amendment to stabilize and strengthen time needing only 50 votes to pass in- In 1980, the maximum Federal Pell the middle class and to invest in our stead of the usual 60. Even if they pass grant covered about 77 percent of in- next generation of leaders. this reconciliation bill, President state, 4-year college tuition. Now Pell The amendment to the underlying Obama has said he will veto it, but grants account for only one-third of bill would improve it, but the under- some Republican extremists vow to those costs. Rising college costs pre- lying bill is deeply flawed. The under- press on, using the most extreme tac- vent many low-income students, no lying bill before us would take away tics possible, taking the government matter how hard they work, from being health care access for millions of hostage. They want to attach a rider to able to go to college and thus from women, seniors, and low-income work- the government funding bill and reaching the middle class. ing people by gutting the Affordable threaten to shut down the government If the Senate can accomplish one Care Act, defunding Planned Parent- 10 days from now unless the Democrats thing that invests in our Nation’s fu- hood, and undermining investment and agree to defund Planned Parenthood. ture, it should be to enact policies that prevention and research. The resultant Does that sound familiar? Well, that is help to stabilize and expand the middle harm to our people is a poison pill that because it is the very same tactic used class. We all know there is a growing we cannot impose on American fami- in 2013 when Republicans shut down the income disparity in our country that is lies. This Republican bill, which does government over the Affordable Care whittling down our middle class and little for the middle class and working Act and flushed $24 billion down the making it harder and harder for people people, will be vetoed by the President. drain—the very same tactic that to get ahead in the first place. Key to The Republicans know this, and yet former Speaker John Boehner admitted the path forward for many is college af- they are bound and determined to pass was a ‘‘predictable disaster.’’ fordability. Pell grants are a critical this harmful legislation as soon and as Republicans may like playing poli- part of college affordability. fast as possible. tics with Planned Parenthood, but this Almost half of all college students in I ask my colleagues to stop, pause, isn’t a game for the millions of women the United States receive Pell grants and get our country back on track by who depend on Planned Parenthood for to help fund their education, including supporting and strengthening the mid- basic medical care every year and who 23,000 students in my home State of dle class, by giving a hand-up to the have nowhere else to go. Threatening Hawaii. Unfortunately, Pell grants— people who represent our country’s fu- to shut down the government is cer- the largest Federal student aid pro- ture, and by not yanking the rug out tainly not a game. It is not a game for gram—which are primarily funded by from under the millions of Americans cancer patients who could be turned discretionary, not mandatory, funding who rely on health care. away from clinical trials at NIH. It is appropriations, do not provide the kind I yield back. not a game for small businesses that of stable funding source that families The PRESIDING OFFICER. The Sen- depend on our national parks being can rely upon. Each year Congress in ator from Massachusetts. open for tourist visits. It is not a game its discretion determines how much Ms. WARREN. Mr. President, a few for seniors who need their Medicare pa- funding goes to Pell grants. This months ago I asked my Republican col- perwork processed or for the veterans

VerDate Sep 11 2014 02:10 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.015 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8330 CONGRESSIONAL RECORD — SENATE December 3, 2015 whose benefits could be at risk, and it healthy life and is probably going to bursing medically necessary care to pa- is not a game for the hundreds of thou- save money because she has received tients in residential or treatment fa- sands of Federal employees across this this preventive care. We cannot turn cilities with more than 16 beds. country—from park rangers to sci- our backs on people such as Deborah Historically, this has been a barrier entists to cafeteria workers and jani- and her family. for patients who need these treatments tors at government buildings—who Finally, the reconciliation bill would for drug abuse and who have limited could be sent home 2 weeks before defund Planned Parenthood, which access to that treatment. Our amend- Christmas with no paycheck coming in. would deny access to 12,000 women in ment would enable more people to re- This radical assault on women’s New Hampshire access to health care ceive these services by allowing reim- health care and reproductive rights has providers they trust and to services bursement for these facilities in States gone on long enough. So in case my Re- they need. For many of those women, that have expanded Medicaid, such as publican colleagues are suffering from Planned Parenthood is the easiest, New Hampshire. The amendment will short-term memory loss, let me spell most affordable, and best way for also provide additional Medicaid Fed- this out again loud and clear. We will them, and—in many cases—the only eral funding to help States provide not allow you to turn back the clock way for them to get the care they need. community treatment programs and on women’s health and women’s rights. I proudly stand with the millions of health homes for those in need of help. If you try to sneak provisions into the women who rely on Planned Parent- Finally, this amendment provides government funding bill to defund hood, and I will continue to oppose any over $15 billion of needed funding to Planned Parenthood, we will fight you attempt to defund such an important States and municipalities to help ad- every step of the way, and we will win. component of our health care system. dress the public health emergency in That is not a threat; that is a promise. While I remain gravely concerned those States and communities that are I yield back the remainder of my about the underlying bill, I am pleased the frontlines of this crisis. time. to join Senators WYDEN and MURRAY Through the substance abuse preven- The PRESIDING OFFICER (Mrs. today in offering an amendment to ad- tion and treatment block grants and FISCHER). The Senator from New dress an issue that is vitally important the community mental health service Hampshire. to New Hampshire, to northern New block grants, this service is targeted to Mrs. SHAHEEN. Madam President, I England, and to much of the country, those most at risk for substance abuse rise this morning in opposition to the and that is this epidemic of heroin and and mental illness, giving the States reconciliation bill that we are consid- opioid abuse. flexibility to develop and fund pro- ering today. There are a number of rea- In New Hampshire and across this grams that work best for them. This sons I have concerns, but one of the country, drug abuse has reached epi- prevention, intervention, and treat- most important has to do with its re- demic proportions. Each day 120 Ameri- ment of substance abuse and mental peal of the Affordable Care Act. The cans die of drug overdoses. That is two health disorders have the potential to Affordable Care Act, while it is not per- deaths every hour. make the difference in millions of fect, is working. More Americans than In New Hampshire we are losing a lives. ever before have access to health care. person a day due to drug overdoses. The amendment is fully paid for by In New Hampshire, almost 45,000 peo- Drug overdose deaths have exceeded closing tax loopholes. With the tools ple have received health insurance car crashes as the No. 1 cause of fatali- provided in this amendment, we can through the exchange. Most of those ties in the United States. We just had change the lives of those struggling people did not have health care cov- a report come out that shows that for with mental illness and substance erage before the Affordable Care Act, the first time in years, the lifespan of abuse disorders, and we can turn the and the majority of these people are White Americans is going down. It is tide of this national public health epi- getting insurance premium support to going down for one reason that was demic. I thank you all, and I hope that as we make it more affordable. cited, and that is because of drug consider this reconciliation bill, we In New Hampshire, another 44,000 overdoses. Mental health illness and will have the opportunity to vote on people are getting coverage through drug abuse is a national public health this amendment and that there would Medicaid expansion. The Governor and emergency, and it is time for us to act. the State legislature worked long and What the amendment we are offering be support to address the critical crisis hard to come to a bipartisan agree- will do is to take important steps to we are facing because of heroin and ment—a Democratic Governor and a provide critical resources for the pre- opioid abuse. I yield the floor. Republican legislature—on how to ex- vention, intervention, and treatment of I suggest the absence of a quorum. pand Medicaid in a way that works for mental illness and substance abuse dis- The PRESIDING OFFICER. The New Hampshire. The reconciliation bill orders. The amendment will ensure clerk will call the roll. that we are considering today would that any health insurance plan pur- The legislative clerk proceeded to turn back the clock on all of that chased on the exchange is held to men- call the roll. work. It would repeal Medicaid expan- tal health parity and addiction equity Mr. SULLIVAN. Mr. President, I ask sion, and it would eliminate coverage standards, and it will make it easy for unanimous consent that the order for for so many of the people who need it consumers to know what benefits are the quorum call be rescinded. the most. covered and the insurance plan’s denial The PRESIDING OFFICER. Without In short, this bill would wreak havoc records. objection, it is so ordered. on the lives of families and individuals, Importantly, the amendment makes Mr. SULLIVAN. Madam President, I people such as Deborah from Conway, it easier for patients to receive medica- am going to take a few minutes to talk NH. She and her husband own a small tion-assisted treatment drugs—drugs about the reconciliation bill that we business. They work hard, and they such as methadone, naltrexone and are discussing and debating on the Sen- live within their means. But for 17 naloxone, commonly known as Narcan, ate floor this week, particularly the years, they have been without health and it prohibits lifetime limits on focus on repealing the Affordable Care insurance, and they have had to forego those drugs. Act, or what is called ObamaCare. health care services because of costs. Our amendment also strengthens There are many, many aspects of the As a result of Medicaid expansion, Medicaid coverage of services to pre- bill that we are debating—the indi- Deborah was recently able to go to the vent and treat mental illness and sub- vidual mandate, the Cadillac tax, the doctor for her first physical in 18 years. stance abuse disorders. Again, not only employer mandate. These will all be Imagine that; it was her first physical do we have this epidemic, but we don’t gone. Essentially, we will start the in 18 years. During that exam, she dis- have enough treatment beds, we don’t process of what I believe the vast ma- covered that she has high blood pres- have enough treatment facilities, and jority of Americans want, which is sure and that she is at risk for cancer. we don’t have enough providers to as- real, affordable health care, not what Thanks to the Affordable Care Act, she sist and support those people who are we currently have. is able to take the preventive meas- trying to get clean. For years, Med- I was recently home in Anchorage, ures. She expects to live a long, icaid has been prohibited from reim- AK. A lot of us get a sense of what our

VerDate Sep 11 2014 01:44 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.017 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8331 constituents are feeling by going about The law, he told the American peo- Remember, ObamaCare requires doing our basic chores and running er- ple, ‘‘means more choice, more com- Alaskans and Americans to purchase rands when we are back home. Two petition, lower costs for millions of these plans. Remember what it did for weeks ago, in the course of 2 hours of Americans.’’ the first time in U.S. history. The Con- getting gas, at a grocery store, and at He told the American public that pre- gress of the United States told the Lowe’s, I had three different Alaskans miums would be reduced on average for American people: You must buy a prod- come up to me and plead to do some- Americans for their health care plans uct; you have to or you will be penal- thing about ObamaCare, how it was by $2,500. But again, the numbers we ized. wiping out their home income and see don’t lie. Costs are soaring all over That brings me to the penalties. Be- their small business—three in 2 hours. our country. For example, a bronze cause of the prohibitive costs, some in Similarly, I was in Fairbanks a few plan under ObamaCare, the least ex- Alaska and many across the country days ago and heard from another small pensive insurance available on the ex- have chosen to go without coverage business owner. They made the same change, costs on average—this is a na- and pay the yearly fine under plea that many small business owners I tional average—$420 a month, with an ObamaCare. But that fine is also very have heard from in Alaska have talked average deductible of $5,653 for an indi- expensive. Alaskans and Americans are about. They have had health insurance vidual and close to $11,600 for a family. asking: What is the point? What is the for their employees for years where Remember former Speaker of the point of having health insurance that they have taken care of them. Yet the House and ObamaCare promoter NANCY has been forced on them by their Fed- increases in the costs of these plans are PELOSI with her line about how impor- eral Government and that they can’t such that their companies will not be tant it was to pass ObamaCare so we afford? Others are foregoing seeing able to operate. They have this huge could all figure out what was in it. She their doctors altogether. dilemma: to continue to cover their promised that ObamaCare would create A recent Gallup poll found that in employees whom they care a lot ‘‘4 million jobs—400,000 jobs almost im- 2014 one in three Americans says they about—some of whom have been work- mediately.’’ That was the former have put off getting medical treatment ing for decades—or to dump them into Speaker. they or their family members need be- Let’s see what the Congressional the marketplace, because that is the cause with these numbers it is too ex- Budget Office says about that promise. only way the company can survive. pensive. They are not going to the doc- Recently, the CBO projected that That is the dilemma that this bill is tor. Again, what is the point? You have ObamaCare will result in 2 million putting people into. Hardly a day health insurance, but you can’t go see fewer jobs in 2017 and 2.5 million fewer passes where I don’t hear from con- your doctor because it is too expensive. jobs in America by 2024. Obviously, stituents about the problems they are That number, by the way—one in that promise didn’t come true. Promise having. Let me give you a couple of ex- three—is among the highest number in after promise was unfulfilled. It is no the Gallup poll’s 14-year history of pos- amples. wonder the American people have such A family in Eagle River, AK, will pay ing this question. a low opinion of the Federal Govern- $1,200 a month in premiums with a As the costs rise, the numbers will ment and the Congress. continue to rise. Not surprisingly, $10,000 deductible under the new Af- What is of the laudable goal of health given all of these numbers, given that fordable Care Act. A couple in Anchor- insurance for the uninsured? It is a number, a recent poll found that de- age will be paying $3,131 a month in very laudable goal, and there is no spite 6 years of being under premiums—almost $38,000 a year. doubt about it—affordable health in- Here is an excerpt from a constituent surance for the uninsured. ObamaCare ObamaCare, where our citizens of the letter: is barely moving the needle. Today United States were supposed to finally The renewal paperwork that I just received there are 35 million people who don’t be comfortable with it, to understand estimated our new payment to be just over have health insurance. According to it, to have it working, still 52 percent $1,000/month—doubling our monthly expense. the CBO, 10 years from now there is of Americans have an unfavorable view . . . What is a young family to do? still going to be approximately 27 mil- of it—only 44 percent, favorable. For Alaskans, this is only going to Here is another constituent: ‘‘There lion people who don’t have coverage is nothing ‘affordable’ about the Af- under this system. get worse. The so-called Cadillac tax— fordable Health Care Act.’’ Let me get a little more specific in one of the numerous taxes embedded in Another constituent said: terms of my State. Probably no other ObamaCare—is going to kick in for Insurance rates are killing my small busi- State in the country has been more 2018. It will be devastating for indi- ness. . . . We have tried to keep our employ- negatively damaged by ObamaCare vidual Alaskans, for union members, ees and their families covered but don’t see than Alaska. Five insurance companies and for small businesses across Alaska. how we can continue to [be in business]. originally offered coverage in our ex- It has been estimated that as many as Here is another constituent of mine: changes in Alaska, offering a glimmer 90 percent of Alaska businesses will be ‘‘Please, please help us!!’’ They are beg- of hope of what is really needed in the faced with the increased Cadillac tax. ging for help. health care market, which is competi- That is a tax of an additional 40 per- Teachers, construction workers, tion. Today only two are left to provide cent on these benefits. Many small small business owners, self-sufficient individual insurance on the health care businesses in Alaska will not be able to Alaskans—so many of them—are ask- exchange. Both will be increasing pre- afford this. An employer with 20 em- ing for help because of what this Fed- miums by approximately 40 percent ployees, under the Cadillac tax will pay eral Government did to them. this year. In Anchorage, for the lowest an estimated $28,000 a year more in The numbers don’t lie. In Alaska and level plan—a bronze plan—premiums taxes—just for the Cadillac tax on a throughout the country, workers and are going to go up 46 percent. small business. That can be the dif- families are suffering. Small businesses There you go—major metropolitan ference between make or break for that are being squeezed. Job creation is areas in the United States. Look at the business. being stymied. Nearly every single far left. That is Anchorage, AK, and at Who is going to get hurt by this? promise made by the President of the 46 percent in 1 year, it will make it one Small businesses, but more impor- United States and the supporters of of the most expensive and the biggest tantly, their employees, their workers this bill in the Congress has been bro- increase in terms of metropolitan areas will. Those extra costs are going to ken. in the United States. trickle down to the workers, likely in Let me remind my colleagues what Let me give you another example. A the form of reduced benefits and re- some of those promises were. Here is 40-year-old nonsmoker—individual— duced wages and more problems with one from the President: ‘‘If you like who doesn’t receive subsidies will pay their health insurance plan. your health care plan, you’ll be able to anywhere from $579 to $678 a month in As I mentioned, it is not just small keep your health care plan.’’ premiums for a bronze plan with a de- businesses. Hard-working Alaskans Here is another one from the Presi- ductible of either $5,250 for the more covered under union plans will also dent: ‘‘If you like your doctor, you can expensive premium or $6,850 for the less very likely be hit by the Cadillac tax, keep your doctor.’’ expensive premium. requiring them to pay much more, and

VerDate Sep 11 2014 01:44 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.018 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8332 CONGRESSIONAL RECORD — SENATE December 3, 2015 so will State and local government em- along party lines. They have been la- middle-class incomes. The most signifi- ployer plans. menting that this might be some kind cant challenge we have as a nation For all of these reasons, one of my of partisan vote. right now, I believe over the long term, campaign promises was to vote to re- As the Presiding Officer knows, this is what will happen to incomes—espe- peal ObamaCare. I certainly plan to do is a bit rich and a bit ironic. It is very cially what will happen to middle-class it today when we take up this rec- important to remember that 6 years incomes—over time. onciliation measure. I certainly hope it ago, almost to the day, this legislation I have an amendment today that will is going to pass. passed in the Senate and the House by address part of the solution or part of When this legislation gets to the a party-line vote—a partisan vote—so the strategy to raising incomes. One of President’s desk, what will happen to hear their concerns now rings a lit- those ideas is an expansion of the child then? Well, he is likely going to veto it tle hollow. That was not a wise move and dependent care tax credit, which is again. I hope he looks at these numbers back then. a tax credit that helps families afford and recognizes what a mistake this bill One important lesson of U.S. history childcare, and so I will speak about was and agrees with us to work to- is that most, if not all, major pieces of that for a couple of minutes today. The gether to replace it, but he is likely legislation in the Congress on impor- other issue we are going to deal with is going to veto it, and in doing so will tant social issues have been passed the so-called dual-earner tax credit, likely mislead Americans again by with bipartisan majorities, which helps which helps families who have young claiming that ObamaCare is working. to make legislation sustainable. That children where both parents work out- It is not working. happens when the American people side the home. I don’t think it is a news bulletin to Let me give you another example of back that kind of legislation. anyone here or across the country that how it is not working. UnitedHealth, The American people have never the cost of childcare has skyrocketed, one of the Nation’s biggest insurance backed this legislation, but democracy especially in recent years. A recent companies, recently announced that has an interesting way of working—not study by the Pew Foundation found because of its huge losses, it may pull always quickly, but eventually. This that average weekly childcare expenses out of ObamaCare altogether. If United law is not popular. It was never sup- rose 70 percent between 1985 and 2013. pulls out, then others are likely to fol- ported by the American people, and So the cost every week that a family is low. they are noticing. As a matter of fact, paying for childcare is up basically 70 Premera Blue Cross Blue Shield of of the 60 U.S. Senators who voted for Alaska, one of the only health insurers percent in 30 years or 25 to 30 years. this law 6 years ago, 30 are no longer in That is one of the many costs that left in Alaska offering coverage on the this Chamber. That is democracy work- have gone up in the lives of middle- exchange, said that it can’t continue to ing. class families. Their childcare costs sustain losses under the exchange. We are going to take that vote again have gone way up, the cost of higher As bad laws often do, ObamaCare today. I am hoping some of my col- education has gone way up in that time contains the seed of its own destruc- leagues on the other side of the aisle period, the cost of health care, the cost tion. But for the sake of millions of will join us in repealing a law that of energy, and the cost of food. It Americans and thousands of Alaskans doesn’t work and is dramatically harm- seems as though for a middle-class who have been sold a false bill of goods, ing Americans so we can move on to a family, every cost or every number we we can’t simply wait to see it self-de- health care plan that helps us, helps would hope would be going down or lev- struct. This was not the health care families, and prevents constituents eling off is going up. As a result, that was promised to Americans, and from writing to their Members of the childcare is increasingly becoming lit- we can’t let it get worse. We need to Senate and begging for help, which is erally unaffordable for middle-class act, and that is why I am joining with what is going on right now because of families. my colleagues today to repeal this law. this bill. That is a reality in a context where We need to look at replacing it with I yield the floor. we know that the cost is going up at a one that includes provisions that are I suggest the absence of a quorum. time when all the evidence shows that missing, such as tort reform. We need a The PRESIDING OFFICER. The quality childcare can have a substan- system that encourages purchasing in- clerk will call the roll. tially positive impact on a child’s life. surance across State lines, encourages The legislative clerk proceeded to One of the reasons quality childcare patient-centered care, and allows the call the roll. matters so much to a child is because kind of doctor-patient relationship Mr. CASEY. Madam President, I ask they have opportunities to learn. One that has been the hallmark of Amer- unanimous consent that the order for thing I have said over and over again is ican care for many years. the quorum call be rescinded. that if our children learn more now— Contrary to what some on the other The PRESIDING OFFICER. Without meaning when they are in those early side of the aisle have claimed, there objection, it is so ordered. years—when they are in childcare set- have been many alternatives proposed Mr. CASEY. Madam President, I ask tings, they are going to earn more to ObamaCare. The plan in the Senate unanimous consent to speak as in later. That direct linkage, which all has been introduced by Senators HATCH morning business. the evidence shows—all the data shows, and BURR and Congressman FRED The PRESIDING OFFICER. Without all the studies show—the linkage be- UPTON on the House side. Their legisla- objection, it is so ordered. tween learning and earning is substan- tion includes many of these important Mr. CASEY. Madam President, I rise tial. One of the best ways to make sure reforms. It will allow people to actu- to speak about some of the matters we kids learn more now and earn more ally get involved in their own health are working on today with regard to later when they are in the workforce is care and not watch this train wreck in votes that will take place later on. to make sure they have quality terms of health care becoming We now are in a period in our eco- childcare. unaffordable for Americans throughout nomic history where we have had a sig- To give one example, in Pennsylvania all of the different States. nificant recovery, but we still have a the average cost for full-time daycare When selling the law to the public, ways to go and still have families for an infant is $10,640. For a 4-year-old, President Obama talked about the across the country who are living with it is $8,072. Those numbers sound al- fierce urgency of now. That is exactly some economic uncertainty. We can most like approaching college tuition what I am hearing from my constitu- take steps today and certainly over the maybe at some public universities. ents when they write: Please, please next couple of days and, we hope, in Double-figure, thousand-dollar num- help us. What is a young family to do? 2016 to ease some of that uncertainty bers for childcare is almost hard to The fierce urgency of now is now. or to create more economic certainty comprehend—$10,640 for an infant and Finally, I wish to comment on a for our families, especially middle- $8,072 for a 4-year-old. So what does number of my colleagues on the other class families. that mean for, for example, married side of the aisle who have been lament- One of the most important steps we couples in Pennsylvania? It means that ing that this reconciliation vote we are can take to address some of the chal- about 12 percent of their annual in- going to take today is going to be lenges our families face is to boost come is dedicated to childcare. How

VerDate Sep 11 2014 01:44 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.019 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8333 about for a single-parent family? For a through so-called corporate inversions, so-called coverage gap that is impact- single mother, those numbers translate which is when a large company buys ing over 3 million people around the into 44 percent of her income. Forty- another company overseas and then country. four percent of that single mom’s in- claims their headquarters are abroad. One of the reasons States point to in come is going to childcare. And she has The inversion strategy that some com- refusing to expand Medicaid is they to have it because she has to work. panies have employed has been an cannot afford to pay the costs they will This isn’t something extra, something abuse of the Tax Code and frankly an incur, beginning in 2017, when the Fed- nice to do; she has to have that insult to working Americans. eral share goes to 90 percent. The childcare. She has to be able to pay for We also ask, as a way to pay for these States at that point will have to pay it. And in a State such as Pennsyl- changes, that the very wealthy who more, and some are using that or citing vania, which I think is fairly typical of have received lots of relief over the that as a reason they will not expand the country when it comes to these last decade—the kind of tax relief we Medicaid. This amendment would re- costs, if that single mother is having to have not seen in my judgment in move that concern that has been as- pay 44 percent of her income on human history, not just U.S. history— serted by Governors and others around childcare, that makes it very hard for those folks at the very top have gotten the country. States would be free to ex- her to makes ends meet, if not impos- a very good deal for the last couple of pand Medicaid without having to worry sible. decades, especially the last decade or about how they pay the bill. That is why the Tax Code has long so, and this Senator thinks a lot of Wrapping up, let’s remember what recognized the need to provide families those folks would like to help their Medicaid means. Medicaid isn’t some with tax relief to offset childcare ex- country and would like to help us pay far-off program that doesn’t affect a lot penses through the child and dependent for these commonsense tax relief provi- of Americans. It directly affects tens of care tax credit. However, the way this sions for middle-class families, espe- millions of Americans and tens of mil- tax credit is currently structured, it cially as it relates to paying for the lions more indirectly. For example, means that few families can benefit costs of childcare. Medicaid pays for almost half of all the from it. How do we do that? We can enact as births in the country. Half of all the Here is what we should do. We should part of one of the pay-fors the so-called babies born in the country are paid for make the full credit available to most Buffett rule, named after Warren by Medicaid. Every Senator in both working families. More than 85 percent Buffett—a pretty wealthy guy—but he parties should remember that. So this of taxpayers in Pennsylvania, for ex- has supported a measure that would isn’t some program that you don’t have ample, with children would receive the ensure that a secretary or teacher full benefit if our amendment passes. to worry about, that can be cut and doesn’t have a higher tax rate than We should increase the maximum slashed without consequence. Half of someone making millions of dollars a amount of the credit for children under the babies born in our country are paid 5 from $1,500 to $3,000, thereby reducing year or literally billions a year. for by Medicaid. Finally, we would ensure that those How about older citizens? Skilled the cost of childcare by 35 percent. who run very large corporations aren’t That would be one of the positive bene- nursing home payments—that is a able to use loopholes to avoid paying fits of passing the amendment. Third, shorthand way of saying nursing taxes. So these basic, commonsense we should ensure that lower income homes—60 percent of those payments steps would make sure our Tax Code families are better able to benefit from are covered by Medicaid, and 65 percent works for the middle class and not just the credit by making it fully refund- of almost 23 million publicly paid resi- able. We have not done that. We should those at the very top. In particular, the dent days of care in the State of Penn- do that. That is what families would way the Senate can focus on middle- sylvania are paid for by Medicaid, com- benefit from. Finally, we should retain class incomes is to put in place policies pared to 13 percent by Medicare. So the value over time by indexing the that help families pay for some of the Medicaid has a huge impact on long- benefits in income thresholds to infla- biggest expenses they face, such as term care for families across the coun- tion. childcare. try. That is what we do on the child and Finally, Madam President, I will By the way, Medicaid is not just for dependent care tax credit—a substan- move to the issue of Medicaid. I know low-income families. A lot of middle- tially positive advancement for fami- my colleague Senator BROWN is on the income families benefit directly from lies trying to pay for childcare as the floor and has worked so hard on this the payments made by Medicaid for cost of everything in their life is going issue over many years. I want to talk long-term care. So if you care about up, for middle-class families especially. about a matter we are working on to- older citizens in your own family get- Second, we have the so-called dual- gether, and I appreciate his leadership ting nursing home placement, if you earner tax credit. We want to expand on Medicaid. care about 45 percent of all the babies those tax credits for working parents The effort we are undertaking would born in the country, you better care with young children. The amendment bolster the work we have done over the about Medicaid, and you better care includes a provision which would pro- last 5 years to expand access to Med- about efforts, in a sensible way, to ex- vide up to a $700 tax credit on sec- icaid. When Medicaid was expanded on pand Medicaid across the country, ondary earners’ income for parents the Affordable Care Act, the so-called which would be better for all of us, es- with children who are under the age of Federal medical assistance percentage, pecially the children, older citizens, 12. FMAP, basically is when the Federal and Americans who have disabilities We know that as our workforce Government contributes to help States who are all affected by Medicaid. changes, we must develop policy that cover the cost of Medicaid. That was Madam President, I yield the floor. ensures that our Tax Code rewards set at 100 percent for 2016. Beginning in The PRESIDING OFFICER. The Sen- work and expands opportunity for 2017 the Federal Government’s con- ator from Alaska. working middle-class families. That tribution would decrease until it gets Ms. MURKOWSKI. Madam President, should be the goal of everyone here. I to 90 percent in 2020. The amendment I understood that the Senator from think on a lot of days it is, but some- that Senator BROWN, I, and others will Ohio was seeking consent to speak times the Senate doesn’t focus on those put forth will keep the Federal con- after me. priorities. Make the Tax Code reward tribution at 100 percent until 2020, in- I would like to take a few minutes work and expand opportunity. If we stead of letting it drop to 90 percent at this morning to speak about how the enact these policies we will guarantee 2020. Affordable Care Act is harming the that these middle-class families see Pennsylvania has expanded into the people of the State of Alaska. This their incomes go up and we can do it in Medicaid Program. We are happy about Senator has come to the floor a lot to a fiscally responsible way that pays for that, but in doing that what Pennsyl- talk about the fact that we in the these tax cuts by closing the most vania did is they ensured that all indi- State of Alaska have the highest insur- egregious tax loopholes. viduals with incomes up to 133 percent ance premiums. Well, again, we have The amendment will say that compa- of poverty were covered. Other States the highest insurance premiums in the nies can no longer evade U.S. taxes have not done this. This has created a country. Believe me, I am hearing from

VerDate Sep 11 2014 01:01 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.022 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8334 CONGRESSIONAL RECORD — SENATE December 3, 2015 folks back home all the time about the on medical bills as needed but would be way. This Senator advocates elimi- burden that these costs place on them. available for the families to use as they nating the Cadillac tax altogether. Our State’s largest newspaper has see fit. The problems with the ACA don’t end been reporting, as we have seen these On top of the outrageous costs that with hundreds of thousands of dollars premium increases coming out over we are seeing that come with the indi- in new taxes on schools or charging in- these past several months—they have vidual mandate, the Cadillac tax that I dividuals outrageous premiums. It also been detailing the incredible rise of just mentioned hits Alaskans harder impacts our small businesses. I heard premiums throughout the State. The than anywhere else in the country. from so many business owners around average monthly premium for a single Premera is the largest insurer in our the State who want to expand but are 40-year-old in the State of Alaska is State and they tell me that about 62 saying they just can’t do it. They can’t now over $700 a month—$700 a month percent of their customers in Alaska do it. They cannot afford to both ex- for the average single 40-year-old— will be forced to pay these tax pen- pand their business and then hit the 50- more than double the national average. alties under the Cadillac tax in 2018, employee threshold at which they are People are paying thousands of dollars the first year of the tax. The average required to provide the insurance. So, each month to insure their families. cost will be $420. That would be the tax at best, these businesses are kind of The insurance premium costs have on the plan that they would be paying treading water right now. The ACA re- gone up somewhere between 25 percent that first year. It is not as if these quires every business owned by an indi- to 40 percent each year. How do you plans are grand. The problem is with vidual to be grouped together when budget for that? the high cost of health care within our counting employees. A family of three in Ketchikan—I got State. The tax penalizes Alaskans be- I have heard from a fellow in my the information from them—are going cause our health care is more expensive State from Fairbanks. He owns several to be paying almost $2,000 a month in a rural State with a low population. businesses there. It is a mix of busi- next year for one of the cheapest This tax is going to hit the State, the nesses. One is a plumbing distribution bronze plans available. This is a family boroughs, and our school districts. It company, but he also has a whole hand- of three paying for one of the cheapest will take away money from public edu- ful of little coffee shops. There is quite plans, and they are going to be paying cation and other services that the a difference between plumbing dis- $2,000 a month. This plan comes with a State provides. I am hearing from tribution and coffee shops. For tax purposes, Mr. Vivlamore’s $10,500 deductible. Heck of a deal. In school districts. Instead of saying they businesses are all treated as separate spite of paying almost $24,000 on insur- are concerned about testing or some of entities, and for legal purposes, they ance, nearly all the medical bills will the other issues we are dealing with in are all treated as separate entities. still be paid out of pocket for this fam- education, they are saying their No. 1 That makes sense. But for some rea- ily. They will not see any benefit until concern is the implementation of the son, for purposes of health insurance, they have spent just about $35,000. Con- Cadillac tax. It is the single greatest they are all lumped into one bucket. trast the $2,000 per month for health in- threat to quality public education. He has his employees from the coffee That is how Robert Boyle, the super- surance with their mortgage payment. shop, and he has employees from the intendent of the Ketchikan Gateway Their monthly mortgage payment is plumbing distribution business, so he is Borough School District describes the $1,250. Does this seem right to anyone? going to be required to provide health ACA, as the single greatest threat to It should not cost more to provide insurance when the mandate kicks in quality public education. Bob’s district health care coverage for your family because he employs more than 50 peo- faces a tax penalty of over $500,000 due than to own your home. ple across all of his companies to- We have a married couple in Wasilla to the Cadillac tax coming up in 2018, gether, even though he doesn’t have 50 who were paying $850 a month prior to the first year of the tax, and the pen- employees in every one of his very dif- the ACA, but that plan wasn’t accept- alties only increase from there. The ferent businesses. He has talked to me able under the new regulations. The Ketchikan Gateway Borough School about what he is going to do about the promise that you can keep the plan if District is looking at a half-million- prospect of possibly downsizing because you like it—well, that didn’t hold. dollar tax coming due in 2018. They are the cost of doing business under the They had to find other insurance. Next not getting more money to run their ACA for him is just too high. year this married couple is going to be school district. This is money out the This issue is also resolved in the bill paying over $2,300 per month. That door that isn’t improving the edu- by reducing to zero the penalty for means they are going to be paying over cation of a single child in that district. noncompliance with the employer $17,000 more per year for the same cov- We are facing a financial crisis in the mandate. Employers will once again be erage. This is a 268-percent increase in State. The State cut the education free to offer workers more hours, hire just one calendar year. This is not budget this year, and they are looking more staff, or expand operations with- right. This is unconscionable. It is not hard at cutting it again next year. We out facing a large tax penalty for not that this married couple has somehow are a State that relies on oil revenues, offering insurance or an equally sig- increased their income by an addi- and you see what is going on with the nificant cost increase when they are tional $17,000 last year. No, this is just price of oil. That is an impact to us. We forced to provide insurance. the cost to cover their insurance. are feeling it—desperately feeling it. I have been on the floor before, and I A self-employed man down in Homer School districts cannot afford the im- have asked the question before, but it whose insurance covers him, his wife, position of hundreds of thousands of is worth repeating: For whom is the Af- and his son has seen his costs increase dollars of new taxes on top of a budget fordable Care Act actually affordable? from $325 per month 2 years ago to reduction. The money, as you and I It is certainly not affordable for the av- $1,325 a month since the ACA was know, would be far better spent paying erage, hard-working Alaskan who is passed. That is an additional $1,000 per teachers what they deserve. School dis- being forced to shell out thousands of month that these folks are now paying tricts are now looking to possibly re- dollars for their premiums each month. for the cheapest bronze plan available duce benefits for teachers in order to It is not affordable for the school dis- with a $12,000 deductible. This is not avoid paying the new tax. With low pay tricts and other State entities that will some Cadillac plan. This is the cheap- and no benefits, how are our schools pay huge taxes. It isn’t affordable for est plan available. This is a $12,000 de- going to get ahead? How can we expect the kids whose educations will poten- ductible. This is what these folks at to attract and retain quality teachers? tially suffer. home are paying. The answer is pretty real—we just This law is not affordable for us in The ACA repeal bill that we are cur- can’t do it. Without quality teachers Alaska. That is why I support the bill rently debating addresses the problem who suffers? It is going to be the kids. that repeals the ACA and wipes out by reducing the penalty for not buying The bill we are debating solves the these harmful impacts. We cannot insurance to zero. Alaskans could problem for 6 years by delaying the stand by and see these premiums shoot choose to buy insurance or simply save Cadillac tax for 6 years until 2024. That through the roof 30 percent or more the thousands of dollars they would be gives us time to find a way to address each year, see our businesses artifi- paying each month that could be spent it permanently and in a responsible cially constrained, and see the quality

VerDate Sep 11 2014 01:01 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.024 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8335 of public education decline. It just back to January of 2009, when Presi- dented in its scale, shows the Repub- doesn’t work. dent Obama took the oath of office. We licans will try to ram their agenda I appreciate the time this morning lost 750,000 jobs that month when Bush through Congress any way possible. and look forward to the opportunity left office and Obama took office. The Last year, Republicans slipped a re- this afternoon to weigh in on some of hemorrhaging, of course, didn’t stop peal of section 716 of Wall Street re- these very significant issues that have immediately, although over the last 51⁄2 form into the end-of-year funding bill. great and considerable impact on the years, almost 6 years, we have seen job They have tried the same stealth strat- people of Alaska. growth every single month. egy to undermine Wall Street reform, With that, I yield the floor. By the time we hit bottom, we had only this time it goes far beyond one The PRESIDING OFFICER. The Sen- lost 9 million jobs, the unemployment provision. Under the guise of so-called ator from Ohio. rate soared to 10 percent, and 5 million regulatory relief for community banks Mr. BROWN. Madam President, I Americans lost their homes. The cri- and credit unions, Republicans are try- thank Senator MURKOWSKI for the con- sis—the worst since the Great Depres- ing to undermine consumer protec- sent request. sion—took a shattering financial and tions, sensible regulations for larger Madam President, I ask unanimous psychological toll on a generation of bank holding oversight companies, and consent to speak for up to 12 minutes Americans. Thirteen trillion dollars in the Financial Stability Oversight as in morning business. household wealth was wiped out—again Council. These are a lot of words, per- The PRESIDING OFFICER. Without because of complacency and co- haps, but what we know is they again objection, it is so ordered. optation of the Federal Reserve under want to do Wall Street’s bidding—not OMNIBUS APPROPRIATIONS BILL AND POLICY Alan Greenspan, of this U.S. Congress, on the floor of the Senate. We are not RIDERS and of the Bush administration. debating these issues on the floor; they Mr. BROWN. Madam President, many Congress responded by passing Dodd- want to do back-room deals to take in Washington and on Wall Street seem Frank. We put in place new rules to care of their Wall Street friends. That to have collective amnesia. They seem bring stability to markets, to ensure is what all of this is about. That is why to have forgotten, amazingly enough, strong consumer investor protections, we introduced our alternative proposal about the destructive, devastating im- and to crack down on the reckless and last year. pact of the financial crisis even though irresponsible behavior of Wall Street. Now the good news is this: Repub- it took place well less than a decade Again, to repeat: Since 2010, we have licans and Democrats agreed with our approach in the House of moving non- ago. seen 68 months, 69 months, and 70 con- controversial bipartisan provisions. I For millions of Americans, that cri- secutive months of job growth—I be- wish to give a couple of examples. sis is unforgettable; millions haven’t lieve the longest in modern economic recovered. My wife and I live in the Under the Surface Transportation history. Conference Report, which we will be city of Cleveland in ZIP Code 44105. One of Wall Street reform’s most im- voting on later today, we included That ZIP Code in the first half of 2007 portant achievements was the creation changes in the bank exam cycle for had more foreclosures than any ZIP of the Consumer Financial Protection small banks—a major help for commu- Code in the United States of America. Bureau. It has an accountable director nity banks. It was sponsored by Sen- That was in large part because of Wall to serve as a counterbalance to the ator TOOMEY and Senator DONNELLY, a Street greed and a number of compa- Wall Street lobby, and it has an inde- Republican and a Democrat. It stream- nies that engaged in predatory lending. pendent funding stream. It was created lines privacy notices. It is something I In September of 2008, Lehman Broth- to ensure that never again would con- had worked on last session as a spon- ers collapsed—the largest bankruptcy sumers be an afterthought in our Na- sor. This session Senator MORAN and in U.S. history—following a decade of tion’s financial system. Senator HEITKAMP introduced it. It al- unfair lending, Wall Street reckless- Because of Wall Street reform, banks lows privately insured credit unions to ness, lax supervision, and co-optation are required to fund themselves using become members of the Federal Home in too many cases by regulators and more of their shareholders’ money and Loan Bank system, something I have Members of Congress. to hold more cash or assets that can be worked on for some time. We have put I recently interviewed former Fed- sold easily—we call that liquidity— these in the Transportation bill. We eral Reserve Chairman Ben Bernanke when they run into trouble, to undergo have done what we should do for com- on C–SPAN about his new book. The strength tests, and to strengthen risk munity banks—not everything we book title he was originally writing management. That is why this banking should do, but we have done much of when he joined the Federal Reserve system is more stable and safer than it the agenda for the community banks over a decade ago was going to be was during the Bush years. and the small credit unions. called ‘‘The Age of Delusion: How Poli- The law also created the Financial Our goal is to do this right, to debate ticians and Central Bankers Created Stability Oversight Council to fill gaps these issues on the floor, and to help the Great Depression.’’ This was about in the regulatory framework and estab- those institutions under $10 billion. the Great Depression. I asked him what lish a forum for agencies to identify They didn’t cause the financial crisis; he would call a similar book or what a risks to preempt, precipitate, and pre- we know that—nor did banks the size historian 20 years from now might call empt the identifiable risks that could of Huntington, $55 billion; of Fifth a similar book about the great reces- contribute to the next financial crisis. Third Bank, $130 billion. KeyCorp was sion, from which we have emerged over An overwhelming majority of Ameri- $90 billion and is about to do an acqui- the last decade. He said it would be cans support regulation of Wall Street. sition that will make them a little called ‘‘Asleep at the Switch’’ or ‘‘Too They know that Wall Street did serious larger. Complacent.’’ damage to our country. But in May the As the ranking member of Senate That complacency took a devastating Senate banking committee reported banking, I have heard time and again toll on American families. That was out a sweeping financial deregulation the calls for legislation to undermine the complacency of Congress, of the package along party lines. I tried to the new financial rules. Let’s help Bush administration, of regulators, of negotiate with Senator SHELBY during these community banks, but let’s not far too many people at OCC and the the spring. They broke down once it be- do the bidding of Wall Street. In this Fed who were captured, if you will— came clear that the effort wasn’t about bill, we are helping those community cognitive capture, regulatory capture, negotiating; it was really about rolling banks be more efficient, be able to cut too close to the banking industry, too back the most important parts of Wall some of their administrative costs, and close to Wall Street, believing too Street reform. still protect consumers. much in the myths that were woven by Senate Republicans are now working What people want to do in the back Alan Greenspan and that crowd more to move this controversial bill—this re- room on the omnibus bill is jam all than a decade ago. peal, this rollback, this slicing of Wall kinds of issues through the Senate The meltdown triggered a crisis that Street, of Dodd-Frank—to roll back that, frankly, are weakening Dodd- left America’s economy hemorrhaging these reforms through the appropria- Frank. It will challenge and undermine more than 750,000 jobs a month. Think tions process. This move, unprece- the financial stability of our system.

VerDate Sep 11 2014 01:01 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.025 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8336 CONGRESSIONAL RECORD — SENATE December 3, 2015 It is pretty clear to me that far too The PRESIDING OFFICER. The Sen- Senate Foreign Relations Committee. many Members of this body have for- ator from Maryland. He is a seasoned diplomat. We are for- gotten the lessons and forgotten what NOMINATIONS tunate that Ambassador Tom Shannon, happened in 2007 to our country and to Mr. CARDIN. Madam President, a career member of our diplomatic people in our great country. shortly I will be asking consent to ad- corps who is held in universal respect I yield the floor. vance certain nominations of the Presi- and esteem by his colleagues, has been The PRESIDING OFFICER. The Sen- dent for confirmation by the Senate. I nominated to this position. Few dip- ator from Alabama. do that in my capacity as the ranking lomats have served our Nation under GUN CONTROL Democrat on the Senate Foreign Rela- both Republican and Democratic ad- Mr. SHELBY. Madam President, the tions Committee. There are seven that ministrations with as much integrity tragic murders that occurred in Cali- I will bring up today, but there are and ability. fornia yesterday are unthinkable and many more waiting for action. Seven In his current role as Counselor of by all standards horrific. My thoughts represents some of these nominees. the Department, he provides the Sec- and prayers today go out to all of the There are others waiting for action. retary with his insight and advice on a victims, their families, and the entire What these seven all have in com- wide range of issues. He has previously community. Today I would also like to mon—all seven—is that they are well served as Ambassador to Brazil, as As- take a moment to thank the brave first qualified for the position, they have sistant Secretary of State, as Senior responders there who selflessly and gone through the process in the Senate Director for Western Hemisphere Af- honorably risked their own lives in Foreign Relations Committee—the fairs at the National Security Council, order to protect the lives of others. committee of jurisdiction—they have and in challenging posts in Venezuela Following the tragic events of yester- had hearings, there have been ques- and South Africa, among others. He day, President Obama unsurprisingly tions asked, the vetting has been done, has also served as Acting Secretary for called to limit the Second Amendment and they have cleared the committee Political Affairs. So he already has the rights of the American people through by unanimous vote. There is no reason experience and the job training in stricter gun control. I believe this is to withhold their confirmation when order to accomplish this. yet another example of the President looking at their qualifications for the So as I said, there has been no objec- using tragic events to push his polit- positions they have been nominated tion raised as far as his qualifications ical agenda. for. and the need to confirm this appoint- Infringing on the rights of law-abid- In some cases, these nominees have ment. ing citizens to keep and bear arms is been waiting as long as 6 months for Madam President, I ask unanimous not the answer to curbing violent confirmation on the floor of the Sen- consent that the Senate proceed to ex- crime in America. Restrictive gun con- ate. In each of these instances, we are ecutive session to consider the fol- trol measures only prevent law-abiding talking about confirming individuals lowing nomination: Calendar No. 375; citizens from protecting themselves be- to positions that have importance for that the Senate proceed to vote with- cause criminal criminals, by definition, our national security and that will be out intervening action or debate on the refuse to follow the law. directly involved in protecting our In addition to President Obama’s nomination; that if confirmed, the mo- country. Recent events only under- misguided calls for gun control, he re- tion to reconsider be considered made score the importance to have con- cently issued an Executive order to re- and laid upon the table. move unarmed military surplus vehi- firmed executive nominees to handle The PRESIDING OFFICER. Is there cles that were obtained through the the challenges that are brought before objection? section 1033 program from local law en- our country. The Senator from Texas. forcement. These vehicles have been UNANIMOUS CONSENT REQUEST—EXECUTIVE Mr. CRUZ. Madam President, reserv- CALENDAR NO. 375 valuable to local law enforcement offi- ing the right to object, in the hours Let me start by first mentioning cials in my home State of Alabama, that have followed the tragic shooting specifically in Calhoun County. They Tom Shannon. Tom Shannon has been in San Bernardino, when all our pray- were also used by the local law enforce- nominated to be Under Secretary of ers are with the families of those who ment people seeking to protect those in State for Political Affairs and is the were murdered and those who were in- harm’s way yesterday in California. Department’s fourth ranking official, jured, more and more of us are becom- I have called on the President to re- responsible for the management of six ing concerned that this reflects a mani- verse the dangerous decision he made regional bureaus of the Department as festation of radical Islamic terrorism in which he abuses the authority of his well as the Bureau of International Or- here in America. The facts are still not office, I believe, by making unilateral ganization Affairs. This is a tremen- entirely clear, but in the wake of the decisions through executive fiat. Dur- dously important leadership position Paris attack, it is appearing more and ing this time of increased uncertainty on key national security issues. more likely that is what this was. at home and abroad, I believe the Among the many issues with which In the wake of these horrific attacks American people are looking to us for the Under Secretary will contend, we by radical Islamic terrorists, it has be- certainty that we will do everything in have the implementation of the Iran come abundantly clear that President our power to keep them safe. nuclear deal. This is the person who is Obama’s Iranian nuclear deal—— Unfortunately, I believe President responsible within the State Depart- Mr. CARDIN. Madam President, I ask Obama has once again chosen to attack ment as its top management, and I unanimous consent that the Senator’s and weaken law enforcement and law- think every Member of the Senate comments come off Republican time. abiding citizens instead of focusing on wants to see this implementation done The PRESIDING OFFICER. Is there fighting against criminals and radical in a way that prevents Iran from be- objection? Islamic terrorists. coming a nuclear weapons state. This Mr. CRUZ. I didn’t hear. Let me be clear here today. The individual also will be monitoring the Mr. CARDIN. This is your time, not President’s calls to increase gun con- civil wars raging in Syria, Libya and our time. trol and remove equipment from law Yemen, which we know have a major Mr. CRUZ. Sure. enforcement used to keep us safe only impact on the voids created that allow The PRESIDING OFFICER. Without undermines the safety and security of ISIL to be able to gain footholds. The objection, the time consumed by the the American people. We simply can- growing turmoil in Venezuela, the con- Senator from Texas will come off the not and must not continue to let this flict in eastern Ukraine, and the need Republican time. administration infringe upon our con- to ensure the full implementation of Mr. CRUZ. In light of these terrorist stitutional rights and put law-abiding the Minsk agreement, as it relates to attacks, President Obama’s Iranian nu- Americans in harm’s way. I hope we Ukraine, are all on the plate of the per- clear deal looks worse and worse and will continue to fight for our constitu- son who holds this position. worse. tional rights here. Tom Shannon has been nominated The idea that the United States of I thank the Chair, and I yield the and has gone through the process. He America would be sending over $100 bil- floor. has received the full support of the lion to the Ayatollah Khamenei—the

VerDate Sep 11 2014 02:10 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.026 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8337 leading financier of terrorism in the mestic and international, arising in the The Bureau of Conflict and Stabiliza- world—is profoundly foolhardy. At the context of the work of the Secretary of tion Operations has an important role time that deal was being negotiated, I State and the Department as a whole. to play in helping the Department of sent a letter to Secretary Kerry in- The Legal Adviser also advises the State to address the multiplying vio- forming Secretary Kerry that under no President and the National Security lent conflicts around the world and the circumstances should the Obama ad- Council, as well as other Federal agen- rise of violent extremist groups. I don’t ministration attempt to go to the cies, on all legal matters involving the have to tell this body how many chal- United Nations and circumvent Con- conduct of foreign relations. lenges we have globally in conflicts I think we are all familiar with the gress with this foolhardy and cata- dealing with extremists. This is the challenges we have that are raised strophic deal. In that letter to Sec- key person to deal with this issue. Am- every day in the Senate—issues raised retary Kerry I said explicitly: Under no bassador Robinson clearly has the circumstances should the executive about whether this is legally accept- able or not. We really should have a background and skills to excel in the branch take such action before the con- position for which he has been nomi- gressional review process is complete. confirmed Legal Adviser to the State Department in order to respond to the nated. He is a career diplomat. This is Thus, I ask that you provide written a career diplomat. This is a person who assurances that you will take all nec- concerns not only of the Congress but of the American people and our inter- at an early age went into service for essary steps to block any U.N. Security our country—at great risk, as we know. Council resolution approving the national partners. Like Ambassador Shannon, Mr. With over 30 years of experience, he JCPOA until the statutory time line Eagan has also served in both Repub- currently serves as the Principal Dep- for congressional review has run its lican and Democratic administrations. uty High Representative in Bosnia and course. Until you provide such assur- He entered public service in 2005 as a Herzegovina, where he oversees the im- ances, I intend to block all nominees civil servant in the Office of Legal Ad- plementation of the peace agreement for the Department of State and hold viser of the State Department, which any legislation that reauthorizes funds that ended the war in Bosnia and was headed at the time by Secretary of Herzegovina. He has served both Demo- for the Department of State. State Condoleezza Rice. He has worked This was fair warning, given ahead of cratic and Republican administrations in the private sector. He has served as time, that the State Department far and wide under dangerous and de- Assistant General Counsel for Enforce- should not try to circumvent the Con- manding circumstances. He was the As- ment and Intelligence at the Treasury gress, should not try to undermine U.S. sistant Chief of Mission at the U.S. Department. He has served on the Na- sovereignty, and should not go to the Embassy in Kabul, Afghanistan. Am- tional Security Council staff. bassador Robinson has served as the United Nations to try to approve a His is a nonpartisan, fairminded indi- Principal Deputy Assistant Secretary deal—particularly a deal that pro- vidual who clearly has the skills and foundly endangers the national secu- ability to advise our policymakers well for Populations, Refugees, and Migra- rity of this country. The Obama admin- and lead the Office of Legal Adviser. tion, and as U.S. Ambassador to Guy- istration ignored my warnings and He has been waiting since June for ana from 2006 to 2008, and as Deputy went to the United Nations anyway. floor action. This is not a matter that Chief of Mission in Guyana and Para- I would note that under the terms of just recently came to the floor of the guay. the Congressional Review Act, the con- Senate. He has been waiting since This is a highly qualified individual, gressional review period has not yet June. It has now been 6 months. a career diplomat who has shown his run. The Congressional Review Act Madam President, I ask unanimous commitment and dedication to serving says that time does not begin to run consent that the Senate proceed to ex- our country. The position he has been until the President submits the entire ecutive session to consider the fol- nominated for is a critically important deal to Congress. That statute defines lowing nomination: Calendar No. 204; position at this time in our history. the entire deal to include any and all that the Senate proceed to vote with- side agreements. We know of at least out intervening action or debate on the Therefore, Madam President, I ask two side agreements governing inspec- nomination; that if confirmed, the mo- unanimous consent that the Senate tions that have not yet been given to tion to reconsider be considered made proceed to executive session to con- this body. So, accordingly, the congres- and laid upon the table. sider the following nominations: Cal- sional review period has not yet begun, The PRESIDING OFFICER. Is there endar Nos. 332 and 333; that the Senate much less ceased. objection? proceed to vote without intervening ac- When I told Secretary Kerry that if The Senator from Texas. tion or debate on the nominations; Mr. CRUZ. Madam President, reserv- the State Department circumvented that if confirmed, the motions to re- ing the right to object, the single Congress and went to the United Na- consider be considered made and laid greatest national security threat fac- tions, I would block State Department ing the United States today is the upon the table. nominees, that was not an empty threat of a nuclear Iran. The Presi- The PRESIDING OFFICER. Is there threat. Therefore, I object. objection? The PRESIDING OFFICER. Objec- dent’s catastrophic Iran deal only in- tion is heard. creases the likelihood the Ayatollah The Senator from Texas. Khamenei will possess nuclear weap- The Senator from Maryland. Mr. CRUZ. Madam President, reserv- ons. Mr. CARDIN. Madam President, I ing the right to object, I have not certainly understand the right of the There are some in this body who sug- gest we should trust Iran. Well, I do placed a hold on this nomination, be- Senator to object. I would just hope cause my hold has been limited to po- that this could be resolved. It is not trust Iran. When the Ayatollah Khamenei, with a cheering crowd, litical nominees, not to career foreign about the State Department being put service officers serving as ambassadors. at a disadvantage by not having these burns Israeli flags and American flags That being said, Mr. GRASSLEY, the confirmed positions; it is the American and promises ‘‘Death to America,’’ I trust the Ayatollah means what he is senior Senator from Iowa, has filed a people. These are security positions for saying. Therefore, we should not be formal notice of intent to object to this which we have to have representatives, giving him over $100 billion and facili- nomination, and, therefore, on behalf and not only of the State Department. tating his getting nuclear weapons. of the senior Senator from Iowa, I ob- As I go through these nominations, we Therefore, I object. ject. will be talking about the Legal Adviser The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Objec- at the Department of State, and we tion is heard. will be talking about ambassadors. The Senator from Maryland. tion is heard. UNANIMOUS CONSENT REQUEST—EXECUTIVE UNANIMOUS CONSENT REQUEST—EXECUTIVE The Senator from Maryland. CALENDAR NO. 204 CALENDAR NOS. 332 AND 333 Next, Madam President, let me men- Mr. CARDIN. Madam President, I UNANIMOUS CONSENT REQUESTS—EXECUTIVE tion Brian Egan to be State Depart- next would like to address the nomina- CALENDAR NOS. 148 AND 263 ment Legal Adviser. The Legal Adviser tion of David Robinson to the position Mr. CARDIN. Madam President, is the principal adviser to the Depart- of Assistant Secretary of State for Azita Raji has been nominated for Am- ment of State on all legal matters, do- Conflict and Stabilization Operations. bassador to Sweden and Samuel Heins

VerDate Sep 11 2014 04:03 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.028 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8338 CONGRESSIONAL RECORD — SENATE December 3, 2015 as Ambassador to Norway. Having rep- This is the Azita Raji nomination tive session to consider the following resentatives on the ground in Scan- The PRESIDING OFFICER (Mr. nomination: Calendar No. 263; that the dinavian countries is urgently needed. SASSE). Is there objection? Senate proceed to vote without inter- Both Sweden and Norway are key stra- The Senator from Texas. vening action or debate on the nomina- tegic allies and members of the Arctic Mr. CRUZ. Mr. President, reserving tion; that if confirmed, the motion to Council. Russia’s recent military ac- the right to object. When Secretary reconsider be considered made and laid tivities in the Arctic and its disputed Kerry chose to ignore my request that upon the table. territorial claims in vast stretches of the State Department not submit this This is the Samuel Heins nomina- waters make the presence of a strong catastrophic Iranian nuclear deal to tion. American voice in Sweden and Norway the United Nations, Secretary Kerry The PRESIDING OFFICER. Is there essential. did so with open eyes. He did so know- objection? Moreover, nearly 300 Swedish citizens ing the consequences because I had The Senator from Texas. have left to fight in Syria or Iraq, mak- spelled them out explicitly; that the Mr. CRUZ. Mr. President, I object. The PRESIDING OFFICER. Objec- ing it the second largest country of ori- political nominees he would want to gin per capita for foreign fighters in tion is heard. put forward at the Department of State The Senator from Maryland. Europe. Put simply, we need represen- would not proceed if Secretary Kerry tation in Stockholm and Oslo to pro- UNANIMOUS CONSENT REQUEST—EXECUTIVE chose to undermine the authority of CALENDAR NO. 127 tect the U.S. strategic interests the Congress of the United States, to Mr. CARDIN. Mr. President, I wish to abroad. undermine the sovereignty of this address the nomination of Cassandra I particularly want to note the close country, and to instead treat the ties and deep friendship the United Butts to the post to be Ambassador to United Nations as the relevant deci- the Bahamas. Cassandra Butts is cur- States and Norway have, symbolized by sionmaking body. He did so nonethe- rently a senior advisor to the CEO of the 32-foot Christmas tree at Union less. the Millennium Challenge Corporation Station that is annually gifted to the As a consequence, the Obama admin- in Washington, DC. She is a leading at- American people by Norway, their istration is proceeding forward under torney and former Deputy White House gratitude for U.S. assistance during this Iranian nuclear deal as if it is Counsel. She is known for her expertise and after World War II. binding law. The Obama administra- Norway is a founding member of in both domestic and foreign policy, tion is proceeding ultra vires. They are particularly in economic development NATO alliance and has been more than proceeding contrary to law under the and migration policy, due to her work diligent in attending to its obligations. explicit terms of the Congressional Re- on the board of the National Immigra- It has contributed personnel to NATO’s view Act. The period of time for con- tion Forum. operations in Afghanistan, Libya, and gressional review has not begun to I am confident she will apply these the Balkans. Its former Prime Minister commence because the Obama adminis- essential skills to the task of fur- currently serves as the 13th Secretary tration has not submitted the entire thering the bilateral relationships be- General of NATO. Just this year, Nor- deal to the U.S. Congress. They have tween the Government of the Bahamas, way assumed leadership responsibil- not submitted the side deals. As a con- a key U.S. Caribbean partner. ities for NATO’s air-policing mission sequence, under explicit U.S. law, it is Therefore, Mr. President, I ask unan- over the Baltic States and is partici- contrary to the law for the Obama ad- imous consent that the Senate proceed pating in a large-scale NATO anti-sub- ministration to lift sanctions on Iran. to executive session to consider the fol- marine exercise. lowing nomination: Calendar No. 127; I am also pleased to note that these I wish to note to any bank at home or abroad that is in possession of Ira- that the Senate proceed to vote with- nominees for these critical positions out intervening action or debate on the have incredible backgrounds. Neither nian assets, any bank that chooses to release those assets to the Ayatollah nomination; that if confirmed, the mo- were controversial during the consider- tion to reconsider be considered made ation by the Senate Foreign Relations Khamenei or to other Iranian interests will be acting directly contrary to Fed- and laid upon the table. Committee. Azita Raji is an accom- The PRESIDING OFFICER. Is there plished businesswoman with impressive eral statutory law. Even though Presi- dent Obama and Secretary Kerry are objection? international credentials. She was the The Senator from Texas. vice president of J.P. Morgan Securi- choosing to disregard the law, that Mr. CRUZ. Mr. President, reserving ties in New York, Tokyo, and Japan. does not exonerate the private banks the right to object. Today the single She speaks five languages and has pub- from potential civil liability in the bil- greatest national security threat fac- lished in the Journal of the American lions or even criminal liability. The ing America is the threat of a nuclear Medical Association. stakes are too high. I move to lay that Iran. President Obama’s catastrophic Samuel Heins is not only a highly re- motion on the table. Iranian nuclear deal dramatically in- spected lawyer in his home State of As we wrestle with the ravages of creases the likelihood that the Aya- Minnesota, but with over 40 years of radical Islamic terrorism, the idea that tollah Khamenei will possess nuclear legal experience he is also a distin- the President of the United States is weapons and will use those nuclear guished human rights advocate. He trying to send over $100 billion to the weapons to commit horrific acts of ter- founded Minnesota Advocates for Ayatollah Khameini—a theocratic zeal- ror. Moreover, Secretary Kerry’s deci- Human Rights. He was a private citizen ot who promises death to America— sion to go to the United Nations and member of the 2011 U.S. mission to the makes no sense at all. It means that if circumvent the Congress of the United United Nations Human Rights Council and when those billions of dollars are States, disregard the authority of the in Geneva and has won human rights used to fund jihadists who murder people of the United States was unac- awards. Americans, the blood of those murders ceptable and was profoundly damaging Samuel Heins has been waiting for will be on this administration’s hands. to this country. Accordingly, I object. 200 days. This is not a recent matter. If you give billions of dollars to The PRESIDING OFFICER. Objec- Azita Raji has been waiting almost a jihadists who have pledged to commit tion is heard. year for confirmation. These are people murder, you cannot wash your hands of The Senator from Maryland. who are ready to serve our country, responsibility for their doing exactly Mr. CARDIN. Mr. President, the critical allies. what they have told you they would do. nominees I went through unanimous Mr. President, therefore, I ask unani- Accordingly, I object. consent requests—all are important to mous consent that the Senate proceed The PRESIDING OFFICER. Objec- our national security. We are talking to executive session to consider the fol- tion is heard. about Ambassadors. We are talking lowing nomination: Calendar No. 148; The Senator from Maryland. about career people whom we depend that the Senate proceed to vote with- Mr. CARDIN. Let me remind our col- upon for advice, for handling conflict out intervening action or debate on the leagues we are talking about the Am- areas. It is in our national security in- nomination; that if confirmed, the mo- bassador to Sweden. terests to get these nominees con- tion to reconsider be considered made Mr. President, I ask unanimous con- firmed. They have been held up for as and laid upon the table. sent that the Senate proceed to execu- long as a year in some cases.

VerDate Sep 11 2014 01:01 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.029 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8339 I understand the right of individual est standard and included broad bipar- from $200 to $600 a month. Jim, a resi- Senators. I urge my colleagues, we tisan support, President Obama and dent of Arizona for over 25 years, will have a responsibility to act on these then the 60-vote congressional Demo- soon pay an additional $160 per week. It nominations. I urge my colleagues to crats relied on fuzzy math and false goes on and on and on. Stories such as work with us. I applaud Senator promises to jam through this enor- these are unacceptable. CORKER. He has moved these nomina- mous, unwieldy health care measure While the President and my col- tions through the committee. For that the American people overwhelm- leagues on the other side of the aisle these reasons, I urge my colleagues to ingly oppose. Such unilateral action continue to describe ObamaCare as a work with us so we can get these indi- has become President Obama’s signa- success, families, patients, doctors, and viduals serving our country. They are ture domestic policy legacy, but today small businesses across America con- public servants and they deserve our all that bullying and brinkmanship tinue to suffer from the disastrous ef- consideration. comes to a screeching halt. fects of the President’s failed health The PRESIDING OFFICER. The Sen- The legislation we will vote on today care law. ator from Oregon. takes a critical step forward in lifting Today I am proud to once again H.R. 1599 the burden that ObamaCare has placed stand with my Republican colleagues Mr. MERKLEY. Mr. President, I want on hard-working citizens across the as we continue the fight to repeal and to note that right at this moment country who have been saddled by ris- replace ObamaCare. From the start, I there are Senators of this esteemed ing premiums, increased health care opposed this sweeping scope of the body who are doing something that is costs, and reduced access to doctors health care law and proudly proposed not so esteemed. They are working to and hospitals. It continues our long the first Republican amendment to put into some of the must-pass legisla- fight to repeal this harmful law and ObamaCare in 2009 which would have tion that we will be considering today build a bridge to health care solutions prevented the President from slashing and in the days to come something that work. Medicare by half a trillion dollars. known as the DARK Act. The DARK Since ObamaCare’s enactment, Since then, I have continued my efforts Act is the Deny Americans the Right Americans have been left wondering by sponsoring numerous other pieces of to Know Act. It takes away the ability what happened to all the promises: the legislation that would lift the burden of States to make sure the citizens of promise to remove obstacles to obtain- that has been placed on individuals and their State have the knowledge they ing coverage, the President’s promise small businesses alike. would like to have about the food they to reduce yearly premiums by up to Most recently, I introduced the eat. $2,500 for a typical family, his promise Obamacare Opt-Out Act with Senator We have seen in the toxics discussion to maintain existing providers. Re- BARRASSO in this Congress, which in the Senate how important it is to in- member, if you like your doctor you would give Americans the freedom to dividual States to have the ability to can keep him, his promise to prevent opt-out of the individual mandate for identify for their citizens what is in any form of new tax increases, and a health insurance coverage required by the everyday household products they promise to increase competition and ObamaCare. It is critical that we elimi- have: their spoons, their plates, their provide greater choice. nate this costly mandate which is esti- bedding, and so forth—but it is much Despite all of the President’s assur- mated to cost Americans who decide more important. It is an order of mag- ances, ObamaCare has been full of not to enroll in ObamaCare roughly nitude more important to citizens to empty promises that have made our $695 per adult and $347 per child in 2016 have the right at the State level to de- Nation’s health care problems worse. and even more in the years ahead. cide how to inform individuals about One of the reasons I voted against This legislation we will vote on today what is in the food they eat. ObamaCare was because despite being takes an even bigger step forward in This proposal to put the DARK Act— portrayed as affordable, there were nu- freeing Americans from the harmful ef- taking away the rights of the States, merous predictions that Americans fects of this law. It provides relief to taking away the rights of citizens to across the country would be faced with individuals and employers alike by use their democracy to be able to know increased health care costs. Guess eliminating costly penalties for those what is in the food they eat—is being what. Such predictions have become re- who fail to comply with ObamaCare’s proposed to be put into a bill in the ality. Just as recently as this past mandate. It repeals draconian tax in- dark of night. The DARK Act should summer, the President promised that creases—such as the medical device tax never go into legislation in this Sen- under ObamaCare health insurance pre- and the Cadillac tax—that have made ate. It should never be considered mium increases would be ‘‘modest.’’ health care more expensive and driven airdropped in, in the dark of night, into This is despite the fact that the State innovative companies to move critical must-pass legislation. It should be de- insurance regulators and actuaries operations and research and develop- bated openly in committee, thoroughly were predicting the exact opposite out- ment overseas. It ensures that Ameri- vetted, thoroughly considered, because come. cans will not experience any disruption that certainly is the type of consider- Let’s take a look at how modest in their health care coverage by delay- ation merited by an issue so funda- these cost increases will be for my ing the implementation date by 2 mental to citizens as knowledge about home State of Arizona. Data released years. Most importantly, it gets the the food they eat and the food their last month by the Department of government out of the way and puts children eat. Health and Human Services shows that patients in charge of their health care Let us not, as a Senate, commit such Americans enrolled in the Federal mar- decisions and needs. a disgraceful act as taking away the ketplace will see an average premium The fact is, we can repeal and replace State right and the individual desire to increase of at least 7.5 percent with the ObamaCare with health care policies have knowledge about the fundamental second lowest so-called silver plans that work. For years I have under- food that we consume. Let us not have known as benchmark plans. scored commonsense policy alter- that airdropped in the dark of night. In Arizona, 24 exchange plans will see natives, such as providing Americans That would be a huge mistake. double-digit rate hikes in 2016. In Phoe- with a direct, refundable tax credit to I yield the floor. nix, premium increases are projected help them pay for private health care, The PRESIDING OFFICER. The Sen- to top 19 percent. The highest average expanding the benefits of health sav- ator from Arizona. premium increase in my home State is ings accounts, passing medical liability Mr. MCCAIN. Mr. President, it has projected to reach a whopping 78 per- reform, or ‘‘tort reform,’’ and extend- now been over 5 years since President cent. ing the freedom to purchase health Obama signed into law this so-called My constituents in Arizona call and care across State lines. These are pro- Affordable Care Act, a sweeping health write me daily, begging and pleading posals that would provide immediate care overhaul that had passed this that something be done to alleviate the relief to Americans and my fellow Ari- Chamber without a single Republican financial hardship of ObamaCare. zonans who have been left to choose be- vote. While legislation as important as Thomas from Flagstaff wrote to me tween buying groceries or paying for this should have been held to the high- and said his monthly premiums jumped health insurance under ObamaCare.

VerDate Sep 11 2014 01:01 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.031 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8340 CONGRESSIONAL RECORD — SENATE December 3, 2015 Perhaps the greatest flaw in Presi- necticut, are a good start, but State By the time we are done, the Senate- dent Obama’s health care law is that it laws will not prevent guns from cross- passed ObamaCare repeal will elimi- has severely limited consumers’ access ing borders from States without strong nate more than $1 trillion in tax in- to quality care. Today, limited access laws. The States with the strongest creases placed on the American people, is now commonplace, costs are increas- laws are at the mercy of States with while saving more than $500 billion in ing, and government bureaucrats re- the weakest protection because borders spending. Lifting the burdens and high- main at the center of an individual’s are porous. er costs the President’s law has placed health care decisions. The question in America today is, on all Americans will help the Nation It is clear that any serious attempt What will it take—30,000 deaths a year, move forward from ObamaCare’s bro- to improve our health care system a mass shooting every day? A mass ken promises to a better health care must begin with full repeal and re- shooting is four or more individuals system for hardworking families across placement of ObamaCare—a mission I shot. What will it take for this body to the country. remain fully committed to fighting on act? ObamaCare contained more than $1 behalf of the people of Arizona. We are not going away. We are not trillion in tax hikes from over 20 dif- I urge my colleagues to vote yes on giving up. We are not abandoning this ferent tax increases. These tax in- this critically important bill today. It fight. We are on the right side of his- creases included a new excise tax on will build a bridge from the President’s tory, and we will prevail. Today will be employer-sponsored insurance plans, broken promises to a better health care an opportunity to show which side we the so-called ‘‘Cadillac tax,’’ taxes on system for hard-working families in are on. insurance providers, prescription Arizona and across the country. I urge my colleagues to support these drugs, medical devices, a new tax on in- I yield the floor. sensible, commonsense amendments vestment income, and additional taxes The PRESIDING OFFICER. The Sen- which will at least take a step—by no and other restrictions on Health Sav- ator from Wyoming. means a complete or even a fully ade- ings Accounts, among others. Elimi- Mr. ENZI. Mr. President, I ask unani- quate step—in the right direction. nating these taxes can help boost eco- mous consent that during the vote se- I thank the Presiding Officer, and I nomic growth. ries related to H.R. 3762, there be 2 yield the floor. The Senate bill repeals $1 trillion in The PRESIDING OFFICER. The Sen- tax increases included in ObamaCare: minutes equally divided between each ator from Wyoming. Cadillac tax, which would force compa- vote and that the first votes in the se- Mr. ENZI. Mr. President, this week nies to shift costs to employees or to ries be in relation to the Murray we have been debating the future of reduce the value of the health care ben- amendment No. 2876 and the Johnson ObamaCare, which still remains un- efits they provide; medical device tax, amendment No. 2875, with a 60-vote af- workable, unaffordable, and more un- which would harm healthcare innova- firmative threshold required for adop- popular than ever. For millions of tion, stifle job creation, and increase tion. Americans, the law today represents the difficulty of delivering high quality The PRESIDING OFFICER. Without nothing more than broken promises, patient care; health insurance tax, objection, it is so ordered. higher costs, and fewer choices. Recent which would increase health insurance Mr. ENZI. I yield the floor. polling shows that most Americans premiums; individual and employer The PRESIDING OFFICER. The Sen- still oppose this unprecedented expan- mandates, which forced people to pur- ator from Connecticut. sion of government intrusion into chase a government defined level of Mr. BLUMENTHAL. Mr. President, health care decisions for hard-working health insurance; prescription drugs we are on the verge of a series of votes, families and small businesses. taxes, which would make critical medi- and we are also just a few days away That is why Leader MCCONNELL cation more expensive; and health sav- from the third anniversary of the hid- promised that we would send a bill to ings accounts tax, which would essen- eous and horrific shootings at Sandy the President’s desk repealing tially make over-the-counter medi- Hook. ObamaCare using budget reconcili- cines more expensive by making them Once again, the unspeakable has hap- ation, and that is exactly what we are ineligible as qualified medical ex- pened in America. The mass murders in doing. There is a special provision penses. San Bernardino reminds us of the inac- under the budget that allows us to send According to the Congressional Budg- tion by this body. Congress has become a bill to the desk with a majority of et Office, CBO, repealing ObamaCare complicit by its inaction in this mass votes in the House and a majority of would raise economic output, mainly slaughter which continues in America. votes in the Senate. The majority of by boosting the supply of labor. The re- Yet, listening to the debate on the votes in the House has occurred, and sulting increase in public and private floor, one would think it is business as now we are debating changes to that sector growth, GDP is projected to av- usual. bill. erage .7 percent over the 2021 through We are debating whether to repeal The amendment’s repeal of 2025 period. Alone, those effects would the Affordable Care Act again. How ObamaCare allowed under the rules of reduce Federal overspending by $216 many times have we voted on that reconciliation—including its taxes, billion over the 2016 to 2025 period ac- issue? How many times have we voted regulations and mandates—sets the cording to the CBO and Joint Com- to defund Planned Parenthood? Yet stage for real health care reforms that mittee on Taxation, JCT, estimate. what we see on the floor of the Senate strengthen the doctor-patient relation- ObamaCare included over $800 billion and throughout Congress is a shrug of ship, expands choices, lowers health in Medicare cuts. Instead of using the shoulders. It can’t be done or won’t care cost, and improves access to qual- those savings to strengthen and secure be done. ity, affordable, innovative health care Medicare, the President, along with Now is the time for action. We are for each and every American. Congressional Democrats, took those past the point of platitudes and pray- As I noted at the start of this debate, funds and used them to create new en- ers. We need them. San Bernardino de- ObamaCare will crush American house- titlement programs. This bill ends the serves them. But prayers, thoughts, holds with more than $1 trillion in new raid on Medicare to pay for ObamaCare and hearts need to be matched by ac- taxes over the next 10 years. This and puts those funds back into Medi- tion. The time for action is now. We means ObamaCare will cost taxpayers care, where they belong. need to pass sensible, commonsense more than $116 billion every year and State exchanges were almost exclu- measures that will make America safer result in smaller paychecks for fami- sively financed through $5.4 billion in and better. lies while holding back small busi- grant money from the Centers for There is no single solution or pan- nesses from expanding and hiring new Medicare and Medicaid Services, CMS. acea to stop gun violence, but inaction workers. For hardworking taxpayers, While costing billions of taxpayer dol- is not an option. A shrug of the shoul- ObamaCare has meant more govern- lars from hardworking families, most ders is not acceptable. That is not what ment, more bureaucracy, and more State exchanges have dramatically we were elected to do. We were elected rules and regulations, along with soar- underperformed or failed. Some ex- to act and provide solutions. Strong ing health care costs and less access to changes have received hundreds of mil- laws, such as what we have in Con- care. lions of dollars in Federal grants, yet

VerDate Sep 11 2014 01:01 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.034 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8341 are or were unable to accomplish their Section 739 of the House Agriculture actly where we stand: with Planned stated goal. In fact, recent news re- Appropriations bill reauthorized com- Parenthood and with women across the ports highlight more than $474 million modity certificates. For those who country. of taxpayer funds were spent on failed don’t remember what commodity cer- I urge my colleagues to vote against exchanges for Massachusetts, Oregon, tificates are, they are a way around the tabling amendment. Nevada, and Maryland. Our measure payment limits. The language in the The PRESIDING OFFICER. The Sen- ends this waste of taxpayer dollars. House bill specifically directs the ator’s time has expired. Medicaid spending currently con- USDA to administer commodity cer- The Senator from Wyoming. sumes nearly a quarter of every State tificates as they were in 2008 when they Mr. ENZI. Mr. President, I urge my dollar, passing education as the largest were not subject to any payment limits colleagues to oppose this amendment. state budgetary commitment. This ex- at all. Senator MURRAY proposes to estab- pansion under ObamaCare includes an I want to be very clear so there is no lish a new women’s health care and unsustainable and costly guarantee of misunderstanding by those in this body clinic safety and security fund to en- 90 to 100 percent Federal funds that or the agriculture lobby. Section 739 of sure that, among other goals, all will likely be shifted back to the the House Agriculture Appropriations women and men have access to health States as the Federal Government be- bill brings back commodity certifi- care services without threat of vio- gins looking for ways to cut spending cates, which reopens the 2014 Farm lence. No one disagrees with the goal of and addressing its almost $19 trillion Bill. If the agriculture community making sure all Americans have access national debt. Most importantly, the wants to be taken seriously, we should to health care without fearing threats bill provides for a transition to a more heed our own advice and not reopen the or violence. We certainly don’t condone sustainable State partnership. Farm Bill by reauthorizing commodity any of the violence anywhere in the As I noted earlier, our Nation has certificates. United States. made great strides in improving the I am opposing cuts to the crop insur- The best way to ensure that women quality of life for all Americans, but ance program today because that and men have affordable health care is these transformative changes were al- would reopen the farm bill. I hope to- to pass this repeal bill and repeal ways forged in the spirit of bipartisan morrow I don’t have to oppose com- ObamaCare. For every American, compromise and cooperation. We still modity certificates in the Omnibus be- ObamaCare has meant more govern- need health care reform, but it has to cause a few people want to reinstate ment, more bureaucracy, and more be done the right way. The bill the unlimited farm subsidies. rules and regulations, along with soar- Senate will approve can help build a I suggest the absence of a quorum. ing health care costs and less access to bridge from these broken promises to The PRESIDING OFFICER. The care. better care for each and every Amer- clerk will call the roll. The most effective solution to im- ican. The bill clerk proceeded to call the proving the quality of and access to I yield the floor to the Senator from roll. women’s health care is to lower the Iowa. Mrs. MURRAY. Mr. President, I ask cost and provide access to health care, The PRESIDING OFFICER. The Sen- unanimous consent that the order for not to create another fund with an- ator from Iowa. the quorum call be rescinded. other new tax. ObamaCare already con- FARM BILL The PRESIDING OFFICER. Without tains more than $1 trillion in new Mr. GRASSLEY. Mr. President, I rise objection, it is so ordered. taxes, funding new and duplicative pro- to speak about the 2014 farm bill and AMENDMENT NO. 2876 grams. attempts to change it by Members of There will now be 2 minutes of debate The PRESIDING OFFICER. The Sen- this Congress. The farm bill process equally divided prior to a vote in rela- ator’s time has expired. was a long, hard, and frustrating exer- tion to amendment No. 2876, offered by Mr. ENZI. I yield back any time, al- cise. Nobody got everything they want- the Senator from Washington, Mrs. though evidently there is none. ed, but in the end we got a new bill for MURRAY. Mr. President, I move to table the farmers across the country. Mrs. MURRAY. Mr. President, I am Murray amendment No. 2876 and ask I believe our country needs good farm well aware that there are serious dis- for the yeas and nays. policy, which means an adequate, yet agreements between Republicans and The PRESIDING OFFICER. Is there a limited safety net for farmers. Democrats when it comes to women’s sufficient second? Our farmers face real, uncontrollable health, but I would hope that despite There appears to be a sufficient sec- risks every year. The farm bill provides our disagreements, they would at least ond. farmers with a number of programs allow us to vote on the important The question is on agreeing to the that help mitigate those risks. That is amendment I have offered to strike the motion. why I was very concerned when I harmful language defunding Planned The clerk will call the roll. learned the budget deal was cutting $3 Parenthood in this legislation and re- The bill clerk called the roll. billion from the Federal crop insurance place it with a new fund to support The result was announced—yeas 54, program. women’s health care and clinic safety nays 46, as follows: That cut would have forced the Risk for staff and patients. Unfortunately, [Rollcall Vote No. 311 Leg.] Management Agency at the Depart- apparently my Republican colleagues ment of Agriculture to renegotiate the are going to choose instead to just sim- YEAS—54 Standard Reinsurance Agreement next ply push this amendment aside and ev- Alexander Ernst Murkowski Ayotte Fischer Paul year and save $300 million per year. erything with it that we are doing for Barrasso Flake Perdue These cuts were almost universally op- women and families. Blunt Gardner Portman posed by rural America. Lenders, com- Well, Planned Parenthood doctors Boozman Graham Risch and staff are not going to be pushed Burr Grassley Roberts modity groups, input suppliers, and Capito Hatch Rounds many others opposed the cuts to the aside, even by the terrible violence we Cassidy Heller Rubio crop insurance program. have seen all too often at women’s Coats Hoeven Sasse Beyond being bad policy, I opposed health clinics. They are keeping their Cochran Inhofe Scott Collins Isakson Sessions the crop insurance cuts because—like doors open. And the women and fami- Corker Johnson Shelby many of my colleagues on both the lies who rely on these centers for their Cornyn Lankford Sullivan House and Senate Agriculture commit- care and who believe women should be Cotton Lee Thune tees—I do not support reopening the able to make their own choices aren’t Crapo Manchin Tillis Cruz McCain Toomey 2014 farm bill. I am very glad the high- letting the political attacks we have Daines McConnell Vitter way bill is going to reverse these cuts seen today get in their way. They are Enzi Moran Wicker to the crop insurance program. standing up for what they believe. NAYS—46 I also want to speak to the impor- While Republicans may want to avoid Baldwin Booker Cantwell tance of not reopening the farm bill in taking this tough vote, Democrats are Bennet Boxer Cardin the omnibus. going to keep making it very clear ex- Blumenthal Brown Carper

VerDate Sep 11 2014 04:03 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.002 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8342 CONGRESSIONAL RECORD — SENATE December 3, 2015 Casey Klobuchar Sanders on December 31, 2013, and disappeared Mr. BROWN. I ask unanimous con- Coons Leahy Schatz on that date would somehow be magi- sent that the reading of the amend- Donnelly Markey Schumer Durbin McCaskill Shaheen cally brought back to life by the Sen- ment be despensed with. Feinstein Menendez Stabenow ator from Wisconsin. That is not the The PRESIDING OFFICER. Without Franken Merkley Tester way the private health insurance mar- Gillibrand Mikulski objection, it is so ordered. Udall ket works in America. Many of the Heinrich Murphy Warner (The amendment is printed in the Heitkamp Murray Warren plans that were in existence on Decem- RECORD of December 2, 2015, under Hirono Nelson Whitehouse ber 31, 2013, don’t exist anymore. In the Kaine Peters ‘‘Text of Amendments.’’) Wyden private market, which I support, plans King Reed The PRESIDING OFFICER. There is Kirk Reid change continually. Plans changed in now 2 minutes of debate on the amend- The motion was agreed to. 2014 and they changed again at the be- ment. ginning of 2015. The PRESIDING OFFICER. The Sen- The Senator from Ohio. It seems to me that what this amend- ator from Wyoming. Mr. BROWN. Mr. President, the Mr. ENZI. Mr. President, I ask unani- ment does is it distorts the private marketplace. I urge my colleagues to Brown-Casey-Wyden-Stabenow-Hirono mous consent that the remaining votes amendment would permanently extend be 10 minutes in length and that the oppose it. Mr. ENZI. Mr. President, I ask for the Medicaid expansion matching rate following amendments be in order fol- at 100 percent. It would help strengthen lowing disposition of the Johnson the yeas and nays. The PRESIDING OFFICER. Is there a Medicaid for 71 million Americans who amendment: the Brown-Wyden amend- sufficient second? rely on this program for quality, af- ment No. 2883 and the Collins amend- There appears to be a sufficient sec- fordable health insurance. ment No. 2885. ond. Because of the ACA, more Americans The PRESIDING OFFICER. Is there The question is on agreeing to can access comprehensive affordable objection? amendment No. 2875. care. Because of the Affordable Care Without objection, it is so ordered. The clerk will call the roll. Act, people in my State—600,000 Ohio- AMENDMENT NO. 2875 The senior assistant legislative clerk ans—now have Medicaid and affordable The PRESIDING OFFICER. There called the roll. health insurance, in addition to other will now be 2 minutes of debate equally The result was announced—yeas 56, provisions of ACA. The best way to divided prior to a vote in relation to nays 44, as follows: support States that have expanded amendment No. 2875, offered by the [Rollcall Vote No. 312 Leg.] Medicaid is by making the enhanced Senator from Wisconsin, Mr. JOHNSON. YEAS—56 FMAP permanent. The Senator from Wisconsin. Alexander Enzi Murkowski Mr. President, that means States will Mr. JOHNSON. Mr. President, on Ayotte Ernst Paul now bear none of the cost of Medicaid June 15, 2009, President Obama went to Barrasso Fischer Perdue expansion. We would pay for this Bennet the American Medical Association to Flake Portman amendment by closing corporate tax Blunt Gardner Risch sell his health care plan to the doctors Boozman Graham loopholes. It would provide States with and to the American people. President Roberts Burr Grassley Rounds fiscal security and free up State Med- Obama addressed the doctors, and he Capito Hatch Rubio icaid budgets, as I have heard Senator Cassidy Heller said: Sasse Coats Hoeven ALEXANDER talk about so often. It Scott I know that there are millions of Ameri- Cochran Inhofe would free up State Medicaid budgets Sessions cans who are content with their health care Collins Isakson for higher education and other kinds of coverage—they like their plan and, most im- Corker Johnson Shelby Sullivan State expenditures. portantly, they value their relationship with Cornyn Kirk Cotton Lankford Thune I encourage my colleagues to do the their doctor. They trust you. And that Tillis means no matter how we reform health care, Crapo Lee right thing and provide health care and Cruz McCain Toomey we will keep this promise to the American Daines McConnell Vitter to do smart budgeting. people: If you like your doctor, you will be Donnelly Moran Wicker The PRESIDING OFFICER. The Sen- able to keep your doctor, period. If you like ator from Wyoming. your health care plan, you will be able to NAYS—44 keep your health care plan, period. No one Baldwin Heitkamp Peters Mr. ENZI. Mr. President, I urge my will take that away, no matter what. Blumenthal Hirono Reed colleagues to oppose this amendment. I Booker Kaine Reid Now, Mr. President, we all know, un- refuse to ask more American tax- Boxer King Sanders payers, who have sacrificed so much al- fortunately, that promise has been bro- Brown Klobuchar Schatz ready, to satiate the boundless Wash- ken. So many people who supported the Cantwell Leahy Schumer Cardin Manchin bill made that similar promise. But Shaheen ington appetite for spending. Spending Carper Markey Stabenow on Medicaid has experienced a 137 per- PolitiFact called it something else; Casey McCaskill Tester Coons Menendez cent increase from $200 billion in 2000 they called it 2013’s ‘‘Lie of the Year.’’ Udall Durbin Merkley to $476 billion in 2014, and many expect My amendment would restore that Warner Feinstein Mikulski those figures to increase. promise. My amendment would keep Franken Murphy Warren that promise to the American people. Gillibrand Murray Whitehouse We all want individuals to have ac- I urge my colleagues, particularly Heinrich Nelson Wyden cess to high quality health insurance. those who made that promise—you The PRESIDING OFFICER (Mr. However, a 2011 study found that 31 have the opportunity to restore and HOEVEN). Under the previous order re- percent of doctors are unwilling to ac- convert that lie into a promise. quiring 60 votes for the adoption of this cept new Medicaid patients. How can The PRESIDING OFFICER. The Sen- amendment, the amendment is re- Americans access quality health care if ator’s time has expired. jected. doctors will not treat them? Mr. JOHNSON. Thank you, Mr. The Senator from Ohio. Most importantly, adding more peo- President. Mr. BROWN. Mr. President, I have ple to Medicaid will lead to a loss of The PRESIDING OFFICER. The Sen- the floor for Senator ENZI and myself. jobs. A 2013 study concluded that for ator from Oregon. AMENDMENT NO. 2883 TO AMENDMENT NO. 2874 every 21 million adults who joined Mr. WYDEN. Mr. President, I strong- (Purpose: To maintain the 100 percent FMAP Medicaid, the economy will employ ly oppose the amendment that has just for the Medicaid expansion population) 511,000 to 2.2 million fewer people. The been described. Our colleague from I call up amendment No. 2883. Obama recovery is a jobless recovery, Wisconsin is seeking to bring back the The PRESIDING OFFICER. The and I refuse to exacerbate the unem- so-called grandfathered health plans clerk will report. ployment. Instead of adding more and that existed between 2010 and the end The bill clerk read as follows: more people to the rolls of a failing of 2013. My view is that this is some- The Senator from Ohio [Mr. BROWN] pro- Medicaid program—— thing of a health care Frankenstein. poses an amendment numbered 2883 to The PRESIDING OFFICER. The Sen- All the plans that were grandfathered amendment No. 2874. ator’s time has expired.

VerDate Sep 11 2014 04:03 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.005 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8343 Mr. ENZI. Mr. President, the pending The senior assistant legislative clerk [Rollcall Vote No. 314 Leg.] amendment No. 2883 offered by the Sen- read as follows: YEAS—48 ator from Ohio would cause the under- The Senator from Maine [Ms. COLLINS] pro- Baldwin Gillibrand Murray lying legislation to exceed the author- poses an amendment numbered 2885 to Bennet Heinrich Nelson izing committee’s 302(a) allocation of amendment No. 2874. Blumenthal Heitkamp Peters new budget authority or outlays. Booker Hirono Reed Ms. COLLINS. Mr. President, I ask Boxer Kaine Reid Therefore, I raise a point of order unanimous consent that the reading of Brown King Sanders against this amendment pursuant to the amendment be dispensed with. Cantwell Kirk Schatz Cardin Klobuchar Schumer section 302(f) of the Congressional The PRESIDING OFFICER. Without Budget Act of 1974. Carper Leahy Shaheen objection, it is so ordered. Casey Markey Stabenow The PRESIDING OFFICER. The Sen- Collins McCaskill Tester ator from Ohio. The amendment is as follows: Coons Menendez Udall Mr. BROWN. Mr. President, pursuant Strike section 101. Donnelly Merkley Warner to section 904 of the Congressional Durbin Mikulski Warren Ms. COLLINS. Mr. President, this Feinstein Murkowski Whitehouse Budget Act of 1974, I move to waive all amendment, which I offer with my col- Franken Murphy Wyden applicable sections of that act for pur- leagues Senator MURKOWSKI and Sen- poses of the pending amendment, and I ator KIRK, would strike the provisions NAYS—52 ask for the yeas and nays. that would eliminate Federal funding, Alexander Fischer Perdue The PRESIDING OFFICER. Is there a Ayotte Flake Portman including Medicaid reimbursements, Barrasso Gardner sufficient second? Risch for Planned Parenthood. Otherwise, the Blunt Graham Roberts There is a sufficient second. likely result would be the closure of Boozman Grassley Rounds The question is on agreeing to the several hundred clinics across the Burr Hatch Rubio Capito Heller motion. country, depriving millions of women Sasse The clerk will call the roll. Cassidy Hoeven Scott Coats Inhofe of the health care provider of their Sessions The bill clerk called the roll. Cochran Isakson choice. Shelby The yeas and nays resulted—yeas 45, Corker Johnson Sullivan I want to make clear that our amend- Cornyn Lankford nays 55, as follows: Thune [Rollcall Vote No. 313 Leg.] ment does not include any new spend- Cotton Lee ing, it does not increase taxes, and it Crapo Manchin Tillis YEAS—45 Cruz McCain Toomey retains the current Hyde amendment Vitter Baldwin Heinrich Nelson Daines McConnell Bennet Heitkamp Peters language, which prohibits the use of Enzi Moran Wicker Blumenthal Hirono Reed Federal funds for abortions except in Ernst Paul Booker Kaine Reid cases of rape, incest or where the life of The amendment (No. 2885) was re- Boxer King Sanders the mother is at risk. Brown Klobuchar Schatz jected. I urge adoption of the amendment. Cantwell Leahy Schumer The PRESIDING OFFICER. The Sen- Cardin Manchin Shaheen The PRESIDING OFFICER. Who Casey Markey Stabenow ator from Pennsylvania. Coons McCaskill Tester yields time? AMENDMENT NO. 2893 TO AMENDMENT NO. 2874 Donnelly Menendez Udall The Senator from Oklahoma. Durbin Merkley Warner Mr. LANKFORD. Mr. President, Sen- (Purpose: To amend the Internal Revenue Feinstein Mikulski Warren Franken Murphy Whitehouse ator COLLINS, who is my friend and col- Code of 1986 to establish a credit for married Gillibrand Murray Wyden league from Maine, would strike a pro- couples who are both employed and have young children, and for other purposes) NAYS—55 vision in this bill defunding Planned Alexander Ernst Paul Parenthood and would continue direct- Mr. CASEY. Mr. President, I call up Ayotte Fischer Perdue ing Federal funds to that organization. amendment No. 2893. Barrasso Flake Portman Earlier this year, I joined Senator The PRESIDING OFFICER. The Blunt Gardner Risch Boozman Graham ERNST, Senator PAUL, and other col- clerk will report. Roberts leagues, and we introduced legislation Burr Grassley Rounds The bill clerk read as follows: Capito Hatch Rubio that prohibits taxpayer dollars from Carper Heller Sasse funding Planned Parenthood and re- The Senator from Pennsylvania [Mr. Cassidy Hoeven Scott CASEY] proposes an amendment numbered Coats Inhofe asserts Congress’s support for directing Sessions 2893 to amendment No. 2874. Cochran Isakson those funds to current providers of Shelby Collins Johnson women’s health care. Mr. CASEY. Mr. President, I ask Corker Kirk Sullivan Cornyn Lankford Thune We absolutely should support health unanimous consent that the reading of Cotton Lee Tillis care choices for women. But Planned the amendment be dispensed with. Crapo McCain Toomey Parenthood is the single largest pro- The PRESIDING OFFICER. Without Cruz McConnell Vitter Daines Moran Wicker vider of abortions in the country. Di- objection, it is so ordered. Enzi Murkowski recting increased taxpayer dollars to (The amendment is printed in today’s The PRESIDING OFFICER. On this community health centers provides RECORD under ‘‘Text of Amendments.’’) quality health care options to women vote, the yeas are 45, the nays are 55. Mr. CASEY. Mr. President, I rise to without supporting the largest pro- Three-fifths of the Senators duly cho- talk about an amendment that deals vider of abortions in the country. I sen and sworn not having voted in the with a fundamental issue for working urge my colleagues to oppose this affirmative, the motion is rejected. families, and that is the cost childcare. amendment. The point of order is sustained, and the By way of example, the weekly cost of amendment falls. I yield back. childcare in Pennsylvania, roughly The Senator from Wyoming. Mr. ENZI. Mr. President, I ask for over the last 30 years, has gone up by 70 Mr. ENZI. Mr. President, I ask unani- the yeas and nays. percent. In a State like ours that can mous consent that the next amend- The PRESIDING OFFICER. Is there a mean over $10,600 per infant per family. ments in order be the following: Casey, sufficient second? We want to make sure this credit is No. 2893; and Heller, No. 2882. There appears to be a sufficient sec- fully available to working families. We The PRESIDING OFFICER. Is there ond. want to increase the maximum amount objection? to $3,000. Finally, we want to make Without objection, it is so ordered. The question is on agreeing to the The Senator from Maine. amendment. sure it is fully refundable. AMENDMENT NO. 2885 TO AMENDMENT NO. 2874 The clerk will call the roll. This amendment is paid for by off- Ms. COLLINS. Mr. President, I call The senior assistant legislative clerk sets. up amendment No. 2885. called the roll. I thank Senator BALDWIN for the The PRESIDING OFFICER. The The result was announced—yeas 48, great work she did with us on this clerk will report. nays 52, as follows: amendment.

VerDate Sep 11 2014 04:03 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.041 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8344 CONGRESSIONAL RECORD — SENATE December 3, 2015 I ask unanimous consent that Sen- Casey Leahy Sanders help and support in moving this legis- Coons Manchin Schatz ators MURRAY and REED of Rhode Is- lation forward to where we are today. Donnelly Markey Schumer land be added as cosponsors of this Durbin McCaskill Shaheen Mr. President, there is no opposition amendment. Feinstein Menendez Stabenow to this legislation. There is no opposi- The PRESIDING OFFICER. Without Franken Merkley Tester tion in America to this legislation. I Gillibrand Mikulski objection, it is so ordered. Udall have 83 groups and organizations Heinrich Murphy Warner Heitkamp Murray The Senator from Wyoming. Warren around this country. Unions support Hirono Nelson Mr. ENZI. Mr. President, I urge my Whitehouse this amendment. The Chamber sup- Kaine Peters Wyden colleagues to oppose this amendment. King Reed ports this amendment. Seniors support Senators CASEY and BALDWIN have Klobuchar Reid this amendment. proposed an amendment to further NAYS—54 The PRESIDING OFFICER. Who shift the tax burden onto high-income yields time? Alexander Ernst Murkowski taxpayers. It would pay for new tax Ayotte Fischer Paul Mrs. MURRAY. We yield back our credits with the Buffett tax through Barrasso Flake Perdue time. taxing foreign inversion corporations Blunt Gardner Portman The PRESIDING OFFICER. All time Boozman Graham Risch as domestic and by expanding limita- Burr Grassley Roberts is yielded back. tions on executive compensation de- Capito Hatch Rounds The question is on agreeing to the ductibility. Cassidy Heller Rubio amendment. Coats Hoeven Sasse This legislation is not the place to Cochran Inhofe Scott Mr. HELLER. I ask for the yeas and add one-sided cuts that have not been Collins Isakson Sessions nays. included in regular order negotiations Corker Johnson Shelby The PRESIDING OFFICER. Is there a going on between Congress and the ad- Cornyn Kirk Sullivan sufficient second? Cotton Lankford Thune ministration and in the Finance Com- Crapo Lee Tillis There appears to be a sufficient sec- mittee. Cruz McCain Toomey ond. Further, passing this reconciliation Daines McConnell Vitter The clerk will call the roll. Enzi Moran Wicker legislation will repeal a dozen new The legislative clerk called the roll. taxes used to offset the cost of The PRESIDING OFFICER (Mr. The result was announced—yeas 90, ObamaCare. RUBIO). On this vote, the yeas are 46, nays 10, as follows: Comprehensive tax reform is needed the nays are 54. Three-fifths of the Senators duly cho- [Rollcall Vote No. 316 Leg.] to examine our system of credits and YEAS—90 deductions to create a pro-growth tax sen and sworn not having voted in the affirmative, the motion is rejected. Alexander Franken Nelson policy across income spectrums, but Ayotte Gardner Paul not in this bill. The point of order is sustained, and the Baldwin Gillibrand Perdue Washington already takes over $3 amendment falls. Barrasso Graham Peters The Senator from Wyoming. Bennet Grassley Portman trillion per year from the American Blumenthal Hatch Reed public, which is more than enough to Mr. ENZI. Mr. President, continuing this advanced notice of what is coming Blunt Heinrich Reid fund necessary government functions. Booker Heitkamp Risch Increasing the tax burden on the most up, I ask unanimous consent that the Boozman Heller Roberts Brown Hirono Rounds successful Americans discourages the next amendment in order be the fol- lowing: Shaheen amendment No. 2892. Burr Hoeven Rubio work and jobs and investment nec- Cantwell Inhofe Sanders The PRESIDING OFFICER. Is there essary to grow America’s economy. Capito Isakson Schatz objection? The PRESIDING OFFICER. The Sen- Cardin Johnson Schumer Without objection, it is so ordered. Casey King Scott ator’s time has expired. The Senator from Nevada. Cassidy Kirk Sessions Mr. ENZI. I ask my colleagues to op- Cochran Klobuchar Shaheen AMENDMENT NO. 2882 TO AMENDMENT NO. 2874 pose this amendment. Collins Lankford Shelby Mr. HELLER. Mr. President, I call up Coons Leahy Stabenow Mr. President, the pending amend- my amendment No. 2882. Cornyn Lee Sullivan ment No. 2893 offered by Senator CASEY The PRESIDING OFFICER. The Cotton Markey Tester would cause the underlying legislation Crapo McCain Thune clerk will report. Cruz McConnell Tillis to exceed the authorizing committees’s The legislative clerk read as follows: Daines Menendez Toomey 302(a) allocation of new budget author- Donnelly Merkley Udall The Senator from Nevada [Mr. HELLER] Enzi Mikulski Vitter ity or outlays. Therefore, I raise a proposes an amendment numbered 2882 to point of order against this amendment Ernst Moran Warren amendment No. 2874. Feinstein Murkowski Whitehouse pursuant to section 302(f) of the Con- Mr. HELLER. Mr. President, I ask Fischer Murphy Wicker gressional Budget Act of 1974. unanimous consent that the reading of Flake Murray Wyden The PRESIDING OFFICER. The Sen- the amendment be dispensed with. NAYS—10 ator from Pennsylvania. The PRESIDING OFFICER. Without Boxer Durbin Sasse Mr. CASEY. Mr. President, pursuant objection, it is so ordered. Carper Kaine Warner to section 904 of the Congressional The amendment is as follows: Coats Manchin Corker McCaskill Budget Act of 1974, I move to waive all (Purpose: To strike the reinstatement of the applicable sections of that act for pur- tax on employee health insurance pre- The amendment (No. 2882) was agreed poses of the pending amendment, and I miums and health plan benefits) to. ask for the yeas and nays. On page 5, beginning with line 24, strike The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a through page 6, line 3. ator from Wyoming. sufficient second? Mr. HELLER. Mr. President, my Mr. ENZI. Mr. President, I ask unani- There appears to be a sufficient sec- amendment postpones the implementa- mous consent that the next amend- ond. tion of the Cadillac tax for the next 10 ments in order be the following: Cor- The question is on agreeing to the years. I think that is a good start on nyn amendment No. 2912 and Feinstein motion. the legislation we have in front of us amendment No. 2910. The clerk will call the roll. today. In fact, I think it is a great The PRESIDING OFFICER. Is there The bill clerk called the roll. start, but I think we ought to take the objection? The yeas and nays resulted—yeas 46, next step. The next step is to repeal it Without objection, it is so ordered. nays 54, as follows: altogether, and that is exactly what Mr. ENZI. Mr. President, for the in- [Rollcall Vote No. 315 Leg.] this amendment does. It is the only bi- formation of my colleagues, I expect YEAS—46 partisan piece of legislation that does the amendments next in order after just that. those will be Grassley amendment No. Baldwin Booker Cantwell Bennet Boxer Cardin To that end, I thank the Senator 2914, followed by Manchin amendment Blumenthal Brown Carper from New Mexico, Mr. HEINRICH, for his No. 2908, but that is not locked in yet.

VerDate Sep 11 2014 04:03 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.047 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8345 The PRESIDING OFFICER. The Sen- is why I am proud of the work being Lee Risch Sullivan ator from New Hampshire. done by the Health, Education, Labor McCain Roberts Thune McConnell Rounds Tillis AMENDMENT NO. 2892 TO AMENDMENT NO. 2874 and Pensions Committee. Chairman Moran Rubio Toomey (Purpose: To improve mental health and ALEXANDER, Ranking Member MURRAY, Murkowski Sasse Vitter substance use prevention and treatment) and 26 other Senators, including me, Paul Scott Wicker Perdue Sessions Mrs. SHAHEEN. Mr. President, I call support the Mental Health Awareness Portman Shelby up amendment No. 2892. and Improvement Act. That bill takes NOT VOTING—1 The PRESIDING OFFICER. The important steps to increase mental clerk will report. health awareness, prevention, and edu- Warner The bill clerk read as follows: cation; encourages the sharing of rel- The PRESIDING OFFICER. On this The Senator from New Hampshire [Mrs. evant mental health information; and vote, the yeas are 47, the nays are 52. SHAHEEN] proposes an amendment numbered assesses the barriers to integrating Three-fifths of the Senators duly cho- 2892 to amendment No. 2874. mental and behavioral health into pri- sen and sworn not having voted in the Mrs. SHAHEEN. Mr. President, I ask mary care. It is a good step and should affirmative, the motion is rejected. unanimous consent that the reading of be done through the committee proc- The point of order is sustained, and the the amendment be dispensed with. ess. amendment falls. The PRESIDING OFFICER. Without I thank Senator SHAHEEN for offering The majority whip. objection, it is so ordered. this amendment and support the in- AMENDMENT NO. 2912 TO AMENDMENT NO. 2874 (The amendment is printed in today’s tent, but it has to be done right. And Mr. CORNYN. Mr. President, I call up RECORD under ‘‘Text of Amendments.’’) this increases taxes. amendment No. 2912. Mrs. SHAHEEN. Mr. President, we Mr. President, the pending amend- The PRESIDING OFFICER (Mr. CAS- are facing a public health emergency in ment No. 2892 offered by Senator SHA- SIDY). The clerk will report. New Hampshire and States across the HEEN would cause the underlying legis- The legislative clerk read as follows: country. Heroin and opioid abuse are at lation to exceed the authorizing com- The Senator from Texas [Mr. CORNYN] pro- epidemic levels. This is important be- mittee’s 302(a) allocation of new budget poses an amendment numbered 2912 to cause it affects every State that is rep- authority or outlays. Therefore, I raise amendment No. 2874. resented on the Senate floor. Each day, a point of order against this amend- Mr. CORNYN. Mr. President, I ask 120 Americans die of drug overdose; ment pursuant to section 302(f) of the unanimous consent that the reading of that is 2 deaths every hour. In New Congressional Budget Act of 1974. the amendment be dispensed with. Hampshire we are losing one person The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without every day from drug overdose. Drug ator from New Hampshire. objection, it is so ordered. overdose deaths have exceeded car Mrs. SHAHEEN. Pursuant to section (The amendment is printed in today’s crashes as the No. 1 cause of fatalities 904 of the Congressional Budget Act of RECORD under ‘‘Text of Amendments.’’) in this country. 1974, I move to waive all applicable sec- Mr. CORNYN. Mr. President, this is This amendment recognizes that this tions of that act for purposes of the an alternative to the Feinstein amend- is a public health emergency and that pending amendment, and I ask for the ment we will be voting on next. Under we need to provide additional resources yeas and nays. the Feinstein amendment, the govern- to address it. The PRESIDING OFFICER. Is there a ment without due process can take It does three things. First, it ensures sufficient second? away from you valuable constitutional that all health plans bought on the ex- There appears to be a sufficient sec- rights. They happen to be Second change cover mental health and addic- ond. Amendment rights without notice and tion-related benefits. Second, it elimi- The question is on agreeing to the the opportunity to be heard. If you be- nates the Medicaid coverage exclusion motion. lieve that the Federal Government is that currently prohibits reimburse- The clerk will call the roll. omniscient and all competent, vote for ment for critically important inpatient The bill clerk called the roll. the Feinstein amendment, but I wish facilities that treat mental illness. Mr. DURBIN. I announce that the to point out that even our former col- league Teddy Kennedy was on this ter- That is the 16-bed limit on those inpa- Senator from Virginia (Mr. WARNER) is tient treatment facilities. Finally, it necessarily absent. ror watch list at one point. Despite nu- provides much needed funding to help The PRESIDING OFFICER. Are there merous efforts to try to get off of it, he States, municipalities, and their imple- any other Senators in the Chamber de- never could—as well as our friend Cath- menting partners prevent and treat siring to vote? erine Stevens, former Ted Stevens’ mental illness and substance use dis- The yeas and nays resulted—yeas 47, spouse. orders. nays 52, as follows: My amendment would provide that The PRESIDING OFFICER. The time due process, notice, and an opportunity [Rollcall Vote No. 317 Leg.] of the Senator has expired. to be heard, and provide new tools and Mrs. SHAHEEN. This is a public YEAS—47 increased authorities to prevent ter- health emergency. This amendment is Ayotte Franken Murray rorism and prevent violence by block- fully paid for. I urge my colleagues to Baldwin Gillibrand Nelson ing the transfer of firearms following Bennet Heinrich Peters support it. Blumenthal Heitkamp Reed that notice and opportunity to be The PRESIDING OFFICER. The Sen- Booker Hirono Reid heard, which would also give the judi- ator from Wyoming. Boxer Kaine Sanders cial authority an opportunity to grant Brown King Mr. ENZI. Mr. President, I urge my Schatz an emergency terrorism order which Cantwell Klobuchar Schumer colleagues to oppose this amendment. I Cardin Leahy Shaheen would actually detain the person who Carper Manchin share my colleague’s concern with the Stabenow is identified and proven to be a ter- Casey Markey current state of mental health and sub- Tester Collins McCaskill rorist. stance abuse policies in the United Coons Menendez Udall I encourage my colleagues to support States. Our health care system in Donnelly Merkley Warren this amendment, to give law enforce- many ways has failed to treat those Durbin Mikulski Whitehouse ment the ability to take terrorists off Feinstein Murphy Wyden who need care most desperately. How- the streets and prevent them from ob- ever, as deeply as I believe we must NAYS—52 taining firearms while preserving im- strengthen mental health, I believe we Alexander Cornyn Graham portant constitutional rights of law- have to do it right. Barrasso Cotton Grassley abiding Americans. Blunt Crapo Hatch Consideration of mental health legis- Boozman Cruz Heller The PRESIDING OFFICER. The lation should be thoughtful and should Burr Daines Hoeven Democratic leader. examine the real barriers to appro- Capito Enzi Inhofe Mr. REID. Mr. President, I have priate treatment. Simply throwing Cassidy Ernst Isakson great respect for the senior Senator Coats Fischer Johnson more money at the problem has proven Cochran Flake Kirk from Texas, a former member of the time and again to be ineffective. That Corker Gardner Lankford Texas Supreme Court. How he could

VerDate Sep 11 2014 02:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.051 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8346 CONGRESSIONAL RECORD — SENATE December 3, 2015 make an argument like this is beyond Mr. CORNYN. Mr. President, to ac- Casey Klobuchar Reid my ability to comprehend. cept the argument of the Democratic Coons Leahy Sanders Durbin Markey Schatz This Republican amendment ties the leader, you would have to believe that Feinstein McCaskill Schumer hands of law enforcement. This amend- the Federal Government is always Franken Menendez Shaheen ment doesn’t keep terrorists from get- right and is all-knowing and can de- Gillibrand Merkley Stabenow Heinrich Mikulski ting guns. It simply delays their efforts prive you of valuable constitutional Tester Heitkamp Murphy Udall for up to 72 hours. This amendment Hirono Murray rights without giving notice and an op- Warren Kaine Nelson means that all a lawyer needs to do is portunity to be heard in front of an im- Whitehouse King Peters gum up the works for a short time and Wyden partial tribunal—a judge. That is what Kirk Reed an FBI terrorist suspect can walk away the Democratic leader is suggesting. I with a firearm—a legal firearm. That think it is wrong and it is un-Amer- NOT VOTING—1 would be relatively easy to do. There ican. It violates the very core constitu- Warner are a lot of lawyers in this Chamber. tional protections afforded to all The PRESIDING OFFICER. On this Courts can’t do virtually anything in Americans. vote, the yeas are 55, the nays are 44. 72 hours. How long does it take to I urge Senators to vote for my alter- Three-fifths of the Senators duly cho- shoot up a school, a mall, someone’s native to the Feinstein amendment and sen and sworn not having voted in the home? Fifteen minutes? Five minutes? against the Feinstein amendment, affirmative, the motion is rejected. You could be on the terrorist watch which would deprive people of their due The point of order is sustained, and the list, go buy a gun, and let the time go process rights under the Constitution. amendment falls. by. Mr. REID. Mr. President, there is The Senator from Wyoming. This is outrageous that people would nothing unconstitutional about keep- Mr. ENZI. Mr. President, continuing try to run from this amendment. If you ing a terrorist from buying a gun. That to march through the amendments, I are on a terrorist watch list, you is what this is all about. Do we want ask unanimous consent that the next shouldn’t be able to buy a gun. This people on a terrorist watch list to go amendments in order be the following: would allow a terrorist to not only buy buy a gun? The answer is no. That is Grassley amendment No. 2914 Manchin a gun but keep it for up to 72 hours. what this amendment is all about. The amendment No. 2908. The second aspect of this amendment Senator from California will explain it. The PRESIDING OFFICER. Is there is equally alarming. It takes money I raise a point of order against this objection? away from law enforcement. Here ridiculous amendment, and I ask for Without objection, it is so ordered. again, we are voting on something the yeas and nays. The Senator from California. again and again. We already voted The PRESIDING OFFICER. The ma- AMENDMENT NO. 2910 TO AMENDMENT NO. 2874 down this Vitter amendment, sanc- jority whip. (Purpose: To increase public safety by per- tuary cities bill, last month, which Mr. CORNYN. Pursuant to section 904 mitting the Attorney General to deny the strips all local law enforcement from of the Congressional Budget Act of 1974 transfer of firearms or the issuance of fire- vital Federal community policing and the waiver provisions of the appli- arms and explosives licenses to known or grants. cable budget resolutions, I move to suspected dangerous terrorists) I am using a little bit of my leader waive all applicable sections of that Mrs. FEINSTEIN. Mr. President, I time right now. act and applicable budget resolutions call up amendment No. 2910. This strips local law enforcement for purposes of amendment No. 2912, The PRESIDING OFFICER. The from vital Federal community policing and I ask for the yeas and nays. clerk will report. grants, targeted public safety and to The PRESIDING OFFICER. Is there a The legislative clerk read as follows: build community trust. It cuts commu- sufficient second? The Senator from California [Mrs. FEIN- nity development block grants, and the There appears to be a sufficient sec- STEIN] proposes an amendment numbered purpose of this is to ensure affordable ond. 2910 to amendment No. 2874. housing and provide services to the The question is on agreeing to the (The amendment is printed in today’s most vulnerable in our communities. motion. RECORD under ‘‘Text of Amendments.’’) Very quickly, this amendment takes The clerk will call the roll. Mrs. FEINSTEIN. Mr. President, I the FBI out of the equation when it The legislative clerk called the roll. rise to speak on an amendment which comes to keeping guns away from ter- Mr. DURBIN. I announce that the is identical to a bill I have introduced rorists, and it takes away from local Senator from Virginia (Mr. WARNER) is with Republican Congressman PETER law enforcement agencies, threatening necessarily absent. KING. This amendment was proposed by public safety. Is it any wonder that The PRESIDING OFFICER. Are there the Bush administration’s Department this is an anti-law enforcement amend- any other Senators in the Chamber de- of Justice in 2007. It would allow the ment? siring to vote? Attorney General to prevent a person The legislation is opposed by the Fra- The yeas and nays resulted—yeas 55, from buying a gun or explosive if, one, ternal Order of Police, Major Cities nays 44, as follows: the recipient is a known or suspected Chiefs Association, United States Con- [Rollcall Vote No. 318 Leg.] terrorist; and, two, the Attorney Gen- ference of Mayors, and many others. eral has a reasonable belief that the re- YEAS—55 This is a dangerous amendment. First cipient would use the firearm in con- of all, to use Senator Kennedy, let him Alexander Ernst Paul nection with a terrorist act. be on the watch list. He is not going to Ayotte Fischer Perdue Barrasso Flake Portman The bill has very broad law enforce- go buy a gun and hurt anybody. These Blunt Gardner Risch ment support, including the Major Cit- ridiculous assertions are just that—ri- Boozman Graham Roberts ies Chiefs Association and the Inter- diculous. We are trying to say if you Burr Grassley Rounds Capito Hatch national Association of Chiefs of Po- are on a watch list as being a terrorist, Rubio lice. New York Police Commissioner Cassidy Heller Sasse you shouldn’t be able to buy a gun. It Coats Hoeven Scott Bill Bratton, who was also chief of the Cochran Inhofe is as simple as that. My friend the Sen- Sessions Los Angeles Police Department, re- Collins Isakson ator from California will lay this out. Shelby Corker Johnson cently said on Meet the Press: Sullivan She has been the leader on guns in this Cornyn Lankford If Congress really wants to do something Chamber for two decades. Cotton Lee Thune Tillis instead of just talking about something, help Mr. CORNYN addressed the Chair. Crapo Manchin us out with that Terrorist Watch List, those Cruz McCain Toomey The PRESIDING OFFICER. No time Daines McConnell Vitter thousands of people that can purchase fire- for debate remains. Donnelly Moran Wicker arms in this country. I’m more worried Mr. CORNYN. Mr. President, I ask Enzi Murkowski about them than I am about Syrian refugees, to be quite frank with you. unanimous consent for 10 seconds. NAYS—44 The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- Baldwin Booker Cantwell objection? Bennet Boxer Cardin ator’s time has expired. Without objection, it is so ordered. Blumenthal Brown Carper Mrs. FEINSTEIN. I yield the floor.

VerDate Sep 11 2014 04:03 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.053 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8347 The PRESIDING OFFICER. The ma- [Rollcall Vote No. 319 Leg.] our mental health system. We need to jority whip. YEAS—45 also be worried about protecting the Mr. CORNYN. Mr. President, if you Baldwin Gillibrand Murray Second Amendment. believe the Federal Government should Bennet Heinrich Nelson My amendment addresses the Obama Blumenthal Hirono Peters administration’s reduction in gun pros- be able to deprive an American citizen Booker Kaine Reed of one of their core constitutional Boxer King Reid ecutions by providing money to expand rights without notice and an oppor- Brown Kirk Sanders Project Exile and funding for pros- Cantwell Klobuchar Schatz ecuting felons and fugitives who fail tunity to be heard, then you should Cardin Leahy Schumer vote for the Senator’s amendment. Carper Manchin Shaheen background checks, targeted to the This is not the way we are supposed to Casey Markey Stabenow highest crime jurisdictions. It crim- do things in this country. If you think Coons McCaskill Tester inalizes straw purchasing and gun traf- Donnelly Menendez Udall ficking, provides more resources for that the Federal Government never Durbin Merkley Warren makes a mistake and that presump- Feinstein Mikulski Whitehouse Secure Our Schools grants, and in- tively the decisions the Federal Gov- Franken Murphy Wyden creases funding for mental health ini- ernment makes about putting you on a NAYS—54 tiatives. It incentivizes States to pro- vide mental health records to the back- list because of some suspicions, then Alexander Ernst Murkowski you should vote for the Senator’s Ayotte Fischer Paul ground check database, clarifies what amendment. But we all know better Barrasso Flake Perdue records should be submitted to the Blunt Gardner Portman NCIS system, and it provides that mili- than that. I have used the example of Boozman Graham Risch Teddy Kennedy, Captain Stevens, and Burr Grassley Roberts tary members can buy firearms in their others who were placed on these lists. Capito Hatch Rounds State of residence or where they are At the very least we ought to provide Cassidy Heitkamp Rubio stationed, so that what happened in Coats Heller Sasse Chattanooga doesn’t happen again. Fi- those individuals with an opportunity Cochran Hoeven Scott to be notified, and they should have a Collins Inhofe Sessions nally, this amendment also reduces right to be heard by an impartial judi- Corker Isakson Shelby funding to those municipalities that Cornyn Johnson Sullivan cial tribunal to make those decisions. continue to defy the law with regard to Cotton Lankford Thune the enforcement of immigration of- I urge my colleagues to vote against Crapo Lee Tillis fenses, otherwise known as sanctuary the Senator’s amendment. Cruz McCain Toomey Daines McConnell Vitter cities. I have one other reason. The whole Enzi Moran Wicker I ask for adoption of the amendment. purpose of this amendment is to de- NOT VOTING—1 The PRESIDING OFFICER. The Sen- stroy the privileged status of this rec- Warner ator from Illinois. onciliation bill. If this bill passes, it Mr. DURBIN. Mr. President, the vic- The PRESIDING OFFICER. On this will destroy our ability to pass this tims of gun violence and their families reconciliation bill with 51 votes. vote, the yeas are 45, the nays are 54. Three-fifths of the Senators duly cho- deserve more than a moment of si- Again, I urge all of my colleagues to sen and sworn not having voted in the lence; they deserve a moment of san- vote against it. affirmative, the motion is rejected. ity. We have coming before us a proposal The PRESIDING OFFICER. The Sen- The point of order is sustained, and the by a Republican Senator and a Demo- ator from Wyoming. amendment falls. Mr. ENZI. Mr. President, the pending The PRESIDING OFFICER. The Sen- cratic Senator, Senator TOOMEY and amendment No. 2910, offered by Sen- ator from Wyoming. Senator MANCHIN, a proposal to close ator FEINSTEIN, contains matter that is Mr. ENZI. Mr. President, after we the loopholes so that people who are not within the jurisdiction of the Fi- finish the Grassley amendment and the convicted felons and people who are nance Committee or the HELP Com- Manchin amendment, I ask unanimous mentally unstable cannot buy fire- mittee, and it is extraneous to H.R. consent that the next amendments in arms. Unfortunately, in the 100-page 3762, a reconciliation bill. Therefore, I order be the following: Bennet No. 2907 amendment being offered by the Sen- raise a point of order against the and Paul No. 2899. ator from Iowa, exactly the opposite amendment pursuant to section The PRESIDING OFFICER. Without occurs. The loopholes are opened. When 313(b)(1)(C) of the Congressional Budget objection, it is so ordered. it comes to background checks, unfor- Act of 1974. The Senator from Iowa. tunately, this doesn’t do anything. It does do one thing: It reduces the The PRESIDING OFFICER. The Sen- AMENDMENT NO. 2914 TO AMENDMENT NO. 2874 amount of money available to police ator from California. (Purpose: To address gun violence, improve departments and COP grants all across Mrs. FEINSTEIN. Mr. President, pur- the availability of records to the National Instant Criminal Background Check Sys- the United States if the Senator dis- suant to section 904 of the Congres- agrees with their immigration policy. sional Budget Act of 1974, I move to tem, address mental illness in the criminal justice system, and end straw purchases That is why the Fraternal Order of Po- waive all applicable sections of that and trafficking of illegal firearms, and for lice opposes it. act for the purposes of the pending other purposes) Let’s have a moment of sanity. Let’s amendment, and I ask for the yeas and Mr. GRASSLEY. Mr. President, I call please vote no on the Grassley amend- nays. up amendment No. 2914. ment. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Mr. President, I raise a point of order sufficient second? clerk will report. that the pending amendment violates There appears to be a sufficient sec- The senior assistant legislative clerk section 313(b)(1)(C) of the Congressional ond. read as follows: Budget Act of 1974. The question is on agreeing to the The Senator from Iowa [Mr. GRASSLEY] The PRESIDING OFFICER. The Sen- motion. proposes an amendment numbered 2914 to ator from Iowa. amendment No. 2874. The clerk will call the roll. Mr. GRASSLEY. Pursuant to section Mr. GRASSLEY. Mr. President, I ask 904 of the Congressional Budget Act of The senior assistant legislative clerk unanimous consent that the reading of 1974 and the waiver provisions of appli- called the roll. the amendment be dispensed with. cable budget resolutions, I move to Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without waive all applicable sections of that Senator from Virginia (Mr. WARNER) is objection, it is so ordered. act and applicable budget resolutions necessarily absent. (The amendment is printed in today’s for the purposes of amendment No. The PRESIDING OFFICER. Are there RECORD under ‘‘Text of Amendments.’’) 2914, and I ask for the yeas and nays. any other Senators in the Chamber de- Mr. GRASSLEY. The Manchin- The PRESIDING OFFICER. Is there a siring to vote? Toomey amendment that is going to be sufficient second? The yeas and nays resulted—yeas 45, up next, I am told, won’t prevent the There appears to be a sufficient sec- nays 54, as follows: next shooting or reduce crime or fix ond.

VerDate Sep 11 2014 04:13 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8348 CONGRESSIONAL RECORD — SENATE December 3, 2015 The question is on agreeing to the piece of legislation. It makes all the Cantwell King Peters Cardin Kirk Reed motion. sense in the world. Most of America Carper Klobuchar Reid The clerk will call the roll. supports the background checks that Casey Leahy Sanders The legislative clerk called the roll. we are talking about. Collins Manchin Schatz Mr. DURBIN. I announce that the As a law-abiding gun owner, I can as- Coons Markey Schumer Senator from Virginia (Mr. WARNER) is sure you that basically I have been Donnelly McCain Shaheen necessarily absent. Durbin McCaskill Stabenow taught not to sell my gun to a strang- Feinstein Menendez Tester The PRESIDING OFFICER. Are there er, not to sell my gun to a criminal, Franken Merkley Toomey any other Senators in the Chamber de- and not to sell my gun to someone who Gillibrand Mikulski Udall siring to vote? Heinrich Murphy Warren is severely mentally ill. That is how we Hirono Murray Whitehouse The yeas and nays resulted—yeas 53, were trained, and that is how most nays 46, as follows: Kaine Nelson Wyden American law-abiding gun owners are NAYS—50 [Rollcall Vote No. 320 Leg.] trained. All this bill does is not in- YEAS—53 Alexander Ernst Paul fringe upon the rights of a personal Ayotte Fischer Perdue Alexander Enzi Paul transaction. Barrasso Flake Portman Ayotte Ernst Perdue The only thing this piece of legisla- Blunt Gardner Risch Barrasso Fischer Portman tion does is to close a loophole in com- Boozman Graham Roberts Blunt Flake Risch Burr Grassley Rounds Boozman Gardner Roberts mercial transactions such as gun shows Capito Hatch Rubio Burr Graham Rounds and Internet sales. I don’t know if that Cassidy Heitkamp Sasse Capito Grassley Rubio Coats Heller person is a criminal. I don’t know if Scott Cassidy Hatch Sasse Cochran Hoeven Coats Heller that person is severely mentally ill. I Sessions Scott Corker Inhofe Cochran Hoeven just don’t know that person. I was Shelby Sessions Cornyn Isakson Collins Inhofe Sullivan Shelby taught not to sell to that person or to Cotton Lankford Corker Isakson Thune Sullivan give to that person unless I knew him. Crapo Lee Cornyn Johnson Tillis Thune Cruz McConnell Cotton Lankford This is the most commonsense idea Vitter Tillis Daines Moran Crapo McCain supported by an overwhelming major- Enzi Murkowski Wicker Cruz McConnell Toomey ity of Americans and an overwhelming Daines Moran Vitter majority of law-abiding gun owners in NOT VOTING—2 Donnelly Murkowski Wicker America. Johnson Warner NAYS—46 I urge all of my colleagues on both The PRESIDING OFFICER. On this Baldwin Heitkamp Nelson sides of the aisle in this bipartisan leg- vote, the yeas are 48, the nays are 50. Bennet Hirono Peters islation to please support this. It is ba- Three-fifths of the Senators duly cho- Blumenthal Kaine Reed sically something that is long, long sen and sworn not having voted in the Booker King Reid Boxer Kirk Sanders overdue, and these tragedies continue affirmative, the motion is rejected. Brown Klobuchar Schatz to happen. The point of order is sustained, and the Cantwell Leahy Schumer The PRESIDING OFFICER. The Sen- amendment falls. Cardin Lee Shaheen The Senator from Colorado. Carper Manchin ator from Iowa. Stabenow Casey Markey Mr. GRASSLEY. Mr. President, on AMENDMENT NO. 2907 TO AMENDMENT NO. 2874 Tester Coons McCaskill Mr. BENNET. Mr. President, I call up Udall this side, we yield back all of our time. Durbin Menendez Warren Mr. President, the pending amend- amendment No. 2907. Feinstein Merkley The PRESIDING OFFICER. The Franken Mikulski Whitehouse ment No. 2908 contains matter that is Gillibrand Murphy Wyden not within the jurisdiction of the Fi- clerk will report. Heinrich Murray nance or HELP Committees and is ex- The legislative clerk read as follows: NOT VOTING—1 traneous to H.R. 3762, a reconciliation The Senator from Colorado [Mr. BENNET] proposes an amendment numbered 2907 to Warner bill. Therefore, I raise a point of order that the pending amendment violates amendment No. 2874. The PRESIDING OFFICER. On this section 313(b)(1)(C) of the Congressional The amendment is as follows: vote, the yeas are 53, the nays are 46. Budget Act of 1974. (Purpose: To provide additional amounts to Three-fifths of the Senators duly cho- The PRESIDING OFFICER. The Sen- the Department of Veterans Affairs to in- sen and sworn not having voted in the ator from West Virginia. crease the access of veterans to care and affirmative, the motion is rejected. Mr. MANCHIN. Mr. President, pursu- improve the physical infrastructure of the The point of order is sustained, and the Department of Veterans Affairs and to im- ant to section 904 of the Congressional pose a fair share tax on high-income tax- amendment falls. Budget Act of 1974, I move to waive all The Senator from West Virginia. payers) applicable sections of that act for pur- AMENDMENT NO. 2908 TO AMENDMENT NO. 2874 At the appropriate place, insert the fol- poses of the pending amendment, and I lowing: (Purpose: To protect Second Amendment ask for the yeas and nays. rights, ensure that all individuals who SEC. lll. ADDITIONAL FUNDING TO INCREASE The PRESIDING OFFICER. Is there a ACCESS OF VETERANS TO CARE AND should be prohibited from buying a firearm sufficient second? IMPROVE PHYSICAL INFRASTRUC- are listed in the National Instant Criminal TURE OF DEPARTMENT OF VET- Background Check System, and provide a There appears to be a sufficient sec- ERANS AFFAIRS. responsible and consistent background ond. Notwithstanding any other provision of check process) The question is on agreeing to the law, with respect to any increase in revenues Mr. MANCHIN. Mr. President, I call motion. received in the Treasury as the result of the up my amendment No. 2908. The clerk will call the roll. enactment of section 59A of the Internal The PRESIDING OFFICER. The The senior assistant legislative clerk Revenue Code of 1986— clerk will report. called the roll. (1) $20,000,000,000 shall be made available, The legislative clerk read as follows: Mr. CORNYN. The following Senator without further appropriation, to carry out is necessarily absent: the Senator from the purposes described in section 801(b) of The Senator from West Virginia [Mr. the Veterans Access, Choice, and Account- MANCHIN] proposes an amendment numbered Wisconsin (Mr. JOHNSON). ability Act of 2014 (Public Law 113–146; 38 2908 to Amendment No. 2874. Mr. DURBIN. I announce that the U.S.C. 1701 note); and Mr. MANCHIN. Mr. President, I ask Senator from Virginia (Mr. WARNER) is (2) any remaining amounts shall be used unanimous consent that the reading of necessarily absent. for Federal budget deficit reduction or, if the amendment be dispensed with. The PRESIDING OFFICER. Are there there is no Federal budget deficit, for reduc- The PRESIDING OFFICER. Without any other Senators in the Chamber de- ing the Federal debt in such manner as the objection, it is so ordered. siring to vote? Secretary of the Treasury considers appro- (The amendment is printed in today’s The yeas and nays resulted—yeas 48, priate. lll RECORD under ‘‘Text of Amendments.’’) nays 50, as follows: SEC. . FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS. [Rollcall Vote No. 321 Leg.] Mr. MANCHIN. Mr. President, I rise (a) IN GENERAL.—Subchapter A of chapter 1 again today to offer this important YEAS—48 of the Internal Revenue Code of 1986 is piece of legislation with my good Baldwin Blumenthal Boxer amended by adding at the end the following friend PAT TOOMEY. It is a bipartisan Bennet Booker Brown new part:

VerDate Sep 11 2014 04:04 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.061 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8349 ‘‘PART VII—FAIR SHARE TAX ON HIGH- for ‘calendar year 1992’ in subparagraph (B) put our country’s finances on a sus- INCOME TAXPAYERS thereof. tainable path so that more Americans ‘‘Sec. 59A. Fair share tax. ‘‘(B) ROUNDING.—If any amount as adjusted can keep more of their hard-earned ‘‘SEC. 59A. FAIR SHARE TAX. under subparagraph (A) is not a multiple of money. What we don’t need are higher $10,000, such amount shall be rounded to the ‘‘(a) GENERAL RULE.— taxes, and we do need bills that go ‘‘(1) IMPOSITITION OF TAX.—In the case of next lowest multiple of $10,000. ‘‘(d) PAYROLL TAX.—For purposes of this through the proper committees. any high-income taxpayer, there is hereby Congress has continually rejected imposed for a taxable year (in addition to section, the payroll tax for any taxable year any other tax imposed by this subtitle) a tax is an amount equal to the excess of— this one-sided tax policy. Comprehen- equal to the product of— ‘‘(1) the taxes imposed on the taxpayer sive tax reform is needed to examine ‘‘(A) the amount determined under para- under sections 1401, 1411, 3101, 3201, and our system of credits. Washington al- graph (2), and 3211(a) (to the extent such tax is attributable ready takes $3 trillion per year from ‘‘(B) a fraction (not to exceed 1)— to the rate of tax in effect under section 3101) with respect to such taxable year or wages or the American public, which is more ‘‘(i) the numerator of which is the excess than enough to fund necessary govern- of— compensation received during such taxable year, over ment functions, provided we get ‘‘(I) the taxpayer’s adjusted gross income, through the regular process. So I urge over ‘‘(2) the deduction allowable under section ‘‘(II) the dollar amount in effect under sub- 164(f) for such taxable year. my colleagues to oppose this. ‘‘(e) SPECIAL RULE FOR ESTATES AND section (c)(1), and Mr. President, the pending amend- TRUSTS.—For purposes of this section, in the ‘‘(ii) the denominator of which is the dollar ment No. 2907 would cause the under- case of an estate or trust, adjusted gross in- amount in effect under subsection (c)(1). lying legislation to exceed the author- come shall be computed in the manner de- ‘‘(2) AMOUNT OF TAX.—The amount of tax scribed in section 67(e). izing committee’s 302(a) allocation of determined under this paragraph is an ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS new budget authority or outlays. amount equal to the excess (if any) of— CHAPTER FOR CERTAIN PURPOSES.—The tax Therefore, I raise a point of order ‘‘(A) the tentative fair share tax for the imposed under this section shall not be against this amendment pursuant to taxable year, over treated as tax imposed by this chapter for ‘‘(B) the excess of— section 302(f) of the Congressional purposes of determining the amount of any ‘‘(i) the sum of— Budget Act of 1974. credit under this chapter (other than the ‘‘(I) the regular tax liability (as defined in The PRESIDING OFFICER. The Sen- credit allowed under section 27(a)) or for pur- section 26(b)) for the taxable year, deter- poses of section 55.’’. ator from Colorado. mined without regard to any tax liability de- (b) CLERICAL AMENDMENT.—The table of Mr. BENNET. Mr. President, first, termined under this section, parts for subchapter A of chapter 1 of the In- through the Chair, I say thank you to ‘‘(II) the tax imposed by section 55 for the ternal Revenue Code of 1986 is amended by my colleague from Wyoming for his taxable year, plus adding at the end the following new item: kind words about our efforts with re- ‘‘(III) the payroll tax for the taxable year, over ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME spect to veterans. ‘‘(ii) the credits allowable under part IV of TAXPAYERS’’. Pursuant to section 904 of the Con- subchapter A (other than sections 27(a), 31, (c) EFFECTIVE DATE.—The amendments gressional Budget Act of 1974, I move and 34). made by this section shall apply to taxable to waive all applicable provisions of ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- years beginning after December 31, 2015. that act for purposes of the pending poses of this section— Mr. BENNET. Mr. President, this amendment, and I ask for the yeas and ‘‘(1) IN GENERAL.—The tentative fair share amendment will help improve access to nays. tax for the taxable year is 30 percent of the care for veterans all across the country The PRESIDING OFFICER. Is there a excess of— and fill a huge unmet need. It provides ‘‘(A) the adjusted gross income of the tax- sufficient second? payer, over funding to hire more doctors, nurses, There appears to be a sufficient sec- ‘‘(B) the modified charitable contribution social workers, and mental health pro- ond. deduction for the taxable year. fessionals to serve our veterans. It will The question is on agreeing to the ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION also help improve VA medical facilities motion. DEDUCTION.—For purposes of paragraph (1)— by supporting upgrades and minor con- The clerk will call the roll. ‘‘(A) IN GENERAL.—The modified charitable struction improvements. The legislative clerk called the roll. contribution deduction for any taxable year In Colorado, our VA system has been Mr. DURBIN. I announce that the is an amount equal to the amount which plagued by long waiting times and a bears the same ratio to the deduction allow- Senator from Virginia (Mr. WARNER) is able under section 170 (section 642(c) in the lack of access. Across the State, we necessarily absent. case of a trust or estate) for such taxable have shortages of physicians, nurses, The PRESIDING OFFICER. Are there year as— and mental health professionals, par- any other Senators in the Chamber de- ‘‘(i) the amount of itemized deductions al- ticularly in rural areas such as siring to vote? lowable under the regular tax (as defined in Alamosa and the San Luis Valley. We The yeas and nays resulted—yeas 47, section 55) for such taxable year, determined also know all too well in Colorado that nays 52, as follows: after the application of section 68, bears to much more accountability is needed [Rollcall Vote No. 322 Leg.] ‘‘(ii) such amount, determined before the within the VA, and we will continue to application of section 68. YEAS—47 work to improve a bureaucracy that ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case has plagued access to quality care. Ayotte Franken Murray of any individual who does not elect to Baldwin Gillibrand Nelson itemize deductions for the taxable year, the The 400,000 veterans in Colorado and Bennet Heinrich Peters modified charitable contribution deduction across the Nation deserve the best care Blumenthal Heitkamp Reed shall be zero. we can offer. They deserve what they Booker Hirono Reid Boxer Kaine ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes Sanders have been promised. This amendment Brown King of this section— Schatz is fully paid for, and I urge my col- Cantwell Klobuchar Schumer ‘‘(1) IN GENERAL.—The term ‘high-income Cardin Leahy leagues to vote yes on this amendment. Shaheen taxpayer’ means, with respect to any taxable Carper Manchin I yield the floor. Stabenow year, any taxpayer (other than a corpora- Casey Markey Tester tion) with an adjusted gross income for such The PRESIDING OFFICER. The Sen- Collins McCaskill Udall taxable year in excess of $1,000,000 (50 percent ator from Wyoming. Coons Menendez Mr. ENZI. Mr. President, I urge my Donnelly Merkley Warren of such amount in the case of a married indi- Whitehouse colleagues to oppose this amendment. I Durbin Mikulski vidual who files a separate return). Feinstein Murphy Wyden ‘‘(2) INFLATION ADJUSTMENT.— commend my colleague from Colorado ‘‘(A) IN GENERAL.—In the case of a taxable for working to advance the needs of NAYS—52 year beginning after 2016, the $1,000,000 veterans. However, Senator BENNET Alexander Cochran Ernst amount under paragraph (1) shall be in- proposes a $20-billion increase in spend- Barrasso Corker Fischer creased by an amount equal to— Blunt Cornyn Flake ‘‘(i) such dollar amount, multiplied by ing paid for by a tax increase. Boozman Cotton Gardner ‘‘(ii) the cost-of-living adjustment deter- I believe the problem with Washing- Burr Crapo Graham ton’s finances is that our government Capito Cruz Grassley mined under section 1(f)(3) for the calendar Cassidy Daines Hatch year in which the taxable year begins, deter- spends too much and lives outside its Coats Enzi Heller mined by substituting ‘calendar year 2015’ means. I am continually working to

VerDate Sep 11 2014 04:48 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.019 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8350 CONGRESSIONAL RECORD — SENATE December 3, 2015 Hoeven Murkowski Sessions Let’s say you have a relative who is Crapo Kaine Risch Inhofe Paul Shelby dying in this country, you will have to Daines King Roberts Isakson Perdue Sullivan Donnelly Klobuchar Rounds Johnson Portman Thune call them up and say: Don’t die for at Durbin Lankford Rubio Kirk Risch Tillis least 30 days so I can come over and Ernst Leahy Sanders Lankford Roberts Toomey say goodbye to you. It stops some of Feinstein Manchin Sasse Lee Rounds Fischer Markey Vitter our closest allies in the Middle East. Schatz McCain Rubio Wicker Flake McCain Schumer McConnell Sasse Franken McCaskill Jordan is probably our closest ally, and Scott Moran Scott Gardner McConnell this legislation would stop us from Shaheen Gillibrand Menendez NOT VOTING—1 issuing visas there. Graham Merkley Stabenow Sullivan Warner It doesn’t make us safer. It kills our Grassley Mikulski tourist industry, it damages our econ- Hatch Murkowski Tester The PRESIDING OFFICER. On this Thune omy, but most importantly it makes it Heinrich Murphy vote, the yeas are 47, the nays are 52. Heitkamp Murray Tillis Three-fifths of the Senators duly cho- look to the rest of the world like we Heller Nelson Toomey sen and sworn not having voted in the are cowering in our shoes. I don’t want Hirono Perdue Udall Hoeven Peters Warren affirmative, the motion is rejected. to do that. Mr. President, I raise a point of order Inhofe Portman Whitehouse The point of order is sustained, and the Isakson Reed Wicker amendment falls. that the pending amendment violates Johnson Reid Wyden The PRESIDING OFFICER. The Sen- section 313(b)(1)(C) of the Congressional NOT VOTING—1 Budget Act of 1974. ator from Wyoming. Warner Mr. ENZI. Mr. President, next up of Mr. PAUL. Mr. President, pursuant to section 904 of the Congressional The PRESIDING OFFICER. Under course will be the Paul amendment. the previous order requiring 60 votes I ask unanimous consent that fol- Budget Act of 1974 and the waiver pro- for the adoption of this amendment, lowing the vote on that amendment, visions of the applicable budget resolu- tions, I move to waive all applicable the amendment is rejected. the next amendments in order be the The Senator from Wyoming. sections of that act and applicable following: Cardin amendment No. 2913 Mr. ENZI. Mr. President, I ask unani- budget resolutions for purposes of and Coats amendment No. 2888. mous consent that Senator MCCAIN be The PRESIDING OFFICER. Is there amendment No. 2899, and I ask for the recognized to offer amendment No. objection? yeas and nays. 2884. Without objection, it is so ordered. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there The Senator from Kentucky. sufficient second? objection? AMENDMENT NO. 2899 TO AMENDMENT NO. 2874 The Senator from Vermont. Without objection, it is so ordered. (Purpose: To prevent the entry of extremists Mr. LEAHY. Mr. President, I under- The Senator from Arizona. into the United States under the refugee stand that there is going to be a re- AMENDMENT NO. 2884 TO AMENDMENT NO. 2874 program, and for other purposes) quest for a 60-vote margin on this vote. Mr. MCCAIN. Mr. President, I call up Mr. PAUL. Mr. President, I call up If my understanding of that is correct, amendment No. 2884. amendment No. 2899. I withdraw my point of order. The PRESIDING OFFICER. The The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- clerk will report. clerk will report. ator from Wyoming. The bill clerk read as follows: The senior assistant legislative clerk Mr. ENZI. Mr. President, I ask unani- The Senator from Arizona [Mr. MCCAIN] read as follows: mous consent that there be a 60-vote proposes an amendment numbered 2884 to The Senator from Kentucky [Mr. PAUL] threshold for adoption of this amend- amendment No. 2874. proposes an amendment numbered 2899 to ment. Mr. MCCAIN. Mr. President, I ask amendment No. 2874. The PRESIDING OFFICER. Is there unanimous consent that the reading of Mr. PAUL. Mr. President, I ask unan- objection? the amendment be dispensed with. imous consent that the reading of the Without objection, it is so ordered. The PRESIDING OFFICER. Without amendment be dispensed with. The question is on agreeing to the objection, it is so ordered. The PRESIDING OFFICER. Is there amendment. The amendment is as follows: objection? Mr. PAUL. Mr. President, I ask for (Purpose: To amend the Federal Food, Drug, Without objection, it is so ordered. the yeas and nays. and Cosmetic Act to allow for the personal (The amendment is printed in today’s importation of safe and affordable drugs The PRESIDING OFFICER. Is there a from approved pharmacies in Canada) RECORD under ‘‘Text of Amendments.’’) sufficient second? The PRESIDING OFFICER. There is At the appropriate place, insert the fol- There appears to be a sufficient sec- lowing: 2 minutes evenly divided. ond. SEC. lll. SAFE AND AFFORDABLE DRUGS Mr. PAUL. Mr. President, we spend The clerk will call the roll. FROM CANADA. hundreds of billions of dollars defend- The senior assistant legislative clerk Chapter VIII of the Federal Food, Drug, ing our country, and yet we cannot called the roll. and Cosmetic Act (21 U.S.C. 381 et seq.) is truly defend our country unless we de- Mr. DURBIN. I announce that the amended by adding at the end the following: ‘‘SEC. 810. IMPORTATION BY INDIVIDUALS OF fend our border. My bill would place Senator from Virginia (Mr. WARNER) is pause on issuing visas to countries that PRESCRIPTION DRUGS FROM CAN- necessarily absent. ADA. are at high risk for exporting terrorists The PRESIDING OFFICER. Are there ‘‘(a) IN GENERAL.—Notwithstanding any to us. My bill would also say to visa any other Senators in the Chamber de- other provision of this Act, not later than 180 waiver countries that in order to come siring to vote? days after the date of enactment of this sec- and visit, you would have to go The result was announced—yeas 10, tion, the Secretary shall promulgate regula- tions permitting individuals to safely import through global entry, which would re- nays 89, as follows: quire a background check. into the United States a prescription drug [Rollcall Vote No. 323 Leg.] I urge Senators who truly do want to described in subsection (b). YEAS—10 ‘‘(b) PRESCRIPTION DRUG.—A prescription defend our country and have increased drug described in this subsection— Barrasso Lee Shelby border security to vote for this amend- ‘‘(1) is a prescription drug that— Cruz Moran Vitter ment. Enzi Paul ‘‘(A) is purchased from an approved Cana- The PRESIDING OFFICER. The Sen- Kirk Sessions dian pharmacy; ‘‘(B) is dispensed by a pharmacist licensed ator from Vermont. NAYS—89 Mr. LEAHY. Mr. President, I hate to to practice pharmacy and dispense prescrip- Alexander Boxer Cassidy tion drugs in Canada; say this to my good friend from Ken- Ayotte Brown Coats tucky, but this is a bumper sticker ‘‘(C) is purchased for personal use by the Baldwin Burr Cochran individual, not for resale, in quantities that Bennet Cantwell Collins kind of amendment. It says it would do not exceed a 90-day supply; keep us secure, but it would even stop Blumenthal Capito Coons Blunt Cardin Corker ‘‘(D) is filled using a valid prescription tourists from visiting this country for Booker Carper Cornyn issued by a physician licensed to practice in at least 30 days. Boozman Casey Cotton a State in the United States; and

VerDate Sep 11 2014 04:48 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.021 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8351 ‘‘(E) has the same active ingredient or in- The PRESIDING OFFICER. The Sen- The amendment is as follows: gredients, route of administration, dosage ator is recognized. (Purpose: To amend the Internal Revenue form, and strength as a prescription drug ap- Mr. MCCAIN. For how long? Code of 1986 to extend the special rule for proved by the Secretary under chapter V; The PRESIDING OFFICER. For 1 seniors relating to the income level for de- and duction of medical care expenses and to re- ‘‘(2) does not include— minute. Mr. MCCAIN. Mr. President, I ask my quire high-income taxpayers to pay a fair ‘‘(A) a controlled substance (as defined in share of taxes) section 102 of the Controlled Substances Act colleagues to pay attention to the fol- At the appropriate place, insert the fol- (21 U.S.C. 802)); lowing: For a drug called Glumetza, lowing: ‘‘(B) a biological product (as defined in sec- the price in Canada is $157 for 90 tab- tion 351 of the Public Health Service Act (42 SEC. lll. EXTENSION OF SPECIAL RULE FOR lets; the price in the United States is SENIORS RELATING TO INCOME U.S.C. 262)); $4,643 for 90 tablets. Edecrin in Canada LEVEL FOR DEDUCTION OF MED- ‘‘(C) an infused drug (including a peri- costs $607 per vial; in the United ICAL CARE EXPENSES. toneal dialysis solution); Subsection (f) of section 213 of the Internal ‘‘(D) an intravenously injected drug; States, it costs $4,600 per vial. Biltricide costs $10.50 per tablet in Can- Revenue Code of 1986 is amended to read as ‘‘(E) a drug that is inhaled during surgery; follows: ‘‘(F) a parenteral drug; ada and $81 in the United States. ‘‘(f) SPECIAL RULE.—In the case of any tax- ‘‘(G) a drug manufactured through 1 or The list goes on and on. able year beginning after December 31, 2012, more biotechnology processes, including— My dear friends, let our citizens go to and ending before January 1, 2024, subsection ‘‘(i) a therapeutic DNA plasmid product; Canada and buy their prescription (a) shall be applied with respect to a tax- ‘‘(ii) a therapeutic synthetic peptide prod- drugs. What is wrong with that? What payer by substituting ‘7.5 percent’ for ‘10 per- uct of not more than 40 amino acids; is wrong with allowing them to be able cent’ if such taxpayer or such taxpayer’s ‘‘(iii) a monoclonal antibody product for in spouse has attained age 65 before the close of vivo use; and to spend $157 for 90 tablets in Canada instead of $4,643 for 90 tablets? I will such taxable year.’’. ‘‘(iv) a therapeutic recombinant DNA-de- SEC. lll. FAIR SHARE TAX ON HIGH-INCOME rived product; tell my colleagues what it is. It is the TAXPAYERS. ‘‘(H) a drug required to be refrigerated at power of the pharmaceutical compa- (a) IN GENERAL.—Subchapter A of chapter 1 any time during manufacturing, packing, nies that will prevent us from letting of the Internal Revenue Code of 1986 is processing, or holding; or Americans go to Canada and get those amended by adding at the end the following ‘‘(I) a photoreactive drug. pharmaceuticals at a reasonable price. new part: ‘‘(c) APPROVED CANADIAN PHARMACY.— ‘‘PART VII—FAIR SHARE TAX ON HIGH- ‘‘(1) IN GENERAL.—In this section, an ap- The PRESIDING OFFICER. The time proved Canadian pharmacy is a pharmacy of the Senator has expired. INCOME TAXPAYERS that— Mr. MCCAIN. Tragically, because this ‘‘Sec. 59A. Fair share tax. ‘‘(A) is located in Canada; and will be subject to a 60-vote thresh- ‘‘SEC. 59A. FAIR SHARE TAX. ‘‘(B) that the Secretary certifies— old—— ‘‘(a) GENERAL RULE.— ‘‘(i) is licensed to operate and dispense pre- The PRESIDING OFFICER. The Sen- ‘‘(1) IMPOSITITION OF TAX.—In the case of scription drugs to individuals in Canada; and ator’s time has expired. any high-income taxpayer, there is hereby ‘‘(ii) meets the criteria under paragraph imposed for a taxable year (in addition to Mr. MCCAIN. I ask unanimous con- (3). any other tax imposed by this subtitle) a tax ‘‘(2) PUBLICATION OF APPROVED CANADIAN sent for an additional 30 seconds. equal to the product of— PHARMACIES.—The Secretary shall publish on The PRESIDING OFFICER. Without ‘‘(A) the amount determined under para- the Internet Web site of the Food and Drug objection, it is so ordered. graph (2), and Administration a list of approved Canadian Mr. MCCAIN. Tragically, some stooge ‘‘(B) a fraction (not to exceed 1)— pharmacies, including the Internet Web site of the pharmaceutical company will ‘‘(i) the numerator of which is the excess address of each such approved Canadian object on a budget point of order, so I of— pharmacy, from which individuals may pur- will withdraw the amendment. But, my ‘‘(I) the taxpayer’s adjusted gross income, chase prescription drugs in accordance with friends, you have not heard the last of over subsection (a). ‘‘(II) the dollar amount in effect under sub- ‘‘(3) ADDITIONAL CRITERIA.—To be an ap- this wonderful issue that I am having section (c)(1), and proved Canadian pharmacy, the Secretary so much fun with but which is impor- ‘‘(ii) the denominator of which is the dollar shall certify that the pharmacy— tant to all of our constituents who are amount in effect under subsection (c)(1). ‘‘(A) has been in existence for a period of at paying outrageous prices to the phar- ‘‘(2) AMOUNT OF TAX.—The amount of tax least 5 years preceding the date of such cer- maceutical companies. determined under this paragraph is an tification and has a purpose other than to Mr. SCHUMER. Mr. President, I ask amount equal to the excess (if any) of— participate in the program established under unanimous consent that the Senator ‘‘(A) the tentative fair share tax for the this section; from Arizona be given an additional taxable year, over ‘‘(B) operates in accordance with pharmacy ‘‘(B) the excess of— standards set forth by the provincial phar- half hour to explain his views. ‘‘(i) the sum of— macy rules and regulations enacted in Can- The PRESIDING OFFICER. Is there ‘‘(I) the regular tax liability (as defined in ada; objection? section 26(b)) for the taxable year, deter- ‘‘(C) has processes established by the phar- Mr. BARRASSO. I object. mined without regard to any tax liability de- macy, or participates in another established The PRESIDING OFFICER. Objec- termined under this section, process, to certify that the physical premises tion is heard. ‘‘(II) the tax imposed by section 55 for the and data reporting procedures and licenses AMENDMENT NO. 2884 WITHDRAWN taxable year, plus are in compliance with all applicable laws ‘‘(III) the payroll tax for the taxable year, Mr. MCCAIN. I withdraw the amend- and regulations, and has implemented poli- over cies designed to monitor ongoing compliance ment. ‘‘(ii) the credits allowable under part IV of with such laws and regulations; The PRESIDING OFFICER. The subchapter A (other than sections 27(a), 31, ‘‘(D) conducts or commits to participate in amendment is withdrawn. and 34). ongoing and comprehensive quality assur- The Senator from Maryland. ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- ance programs and implements such quality AMENDMENT NO. 2913 TO AMENDMENT NO. 2874 poses of this section— assurance measures, including blind testing, Mr. CARDIN. Mr. President, I call up ‘‘(1) IN GENERAL.—The tentative fair share to ensure the veracity and reliability of the tax for the taxable year is 30 percent of the findings of the quality assurance program; amendment No. 2913. excess of— ‘‘(E) agrees that laboratories approved by The PRESIDING OFFICER. The ‘‘(A) the adjusted gross income of the tax- the Secretary shall be used to conduct prod- clerk will report. payer, over uct testing to determine the safety and effi- The senior assistant legislative clerk ‘‘(B) the modified charitable contribution cacy of sample pharmaceutical products; read as follows: deduction for the taxable year. ‘‘(F) has established, or will establish or The Senator from Maryland [Mr. CARDIN] ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION participate in, a process for resolving griev- proposes an amendment numbered 2913 to DEDUCTION.—For purposes of paragraph (1)— ances and will be held accountable for viola- amendment No. 2874. ‘‘(A) IN GENERAL.—The modified charitable tions of established guidelines and rules; Mr. CARDIN. Mr. President, I ask contribution deduction for any taxable year ‘‘(G) does not resell products from online is an amount equal to the amount which pharmacies located outside Canada to cus- unanimous consent that the reading of bears the same ratio to the deduction allow- tomers in the United States; and the amendment be dispensed with. able under section 170 (section 642(c) in the ‘‘(H) meets any other criteria established The PRESIDING OFFICER. Without case of a trust or estate) for such taxable by the Secretary.’’. objection, it is so ordered. year as—

VerDate Sep 11 2014 04:48 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.020 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8352 CONGRESSIONAL RECORD — SENATE December 3, 2015 ‘‘(i) the amount of itemized deductions al- minimum tax of 30 percent on those come before you can begin deducting to lowable under the regular tax (as defined in who earn over $1 million dollars, the 10 percent of adjusted gross income be- section 55) for such taxable year, determined so-called Buffett rule. fore you can deduct. For seniors, an ex- after the application of section 68, bears to The Coats amendment that is coming emption was provided so that seniors ‘‘(ii) such amount, determined before the application of section 68. up next is on the backs of seniors by could stay at the 7.5 percent level. This ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case denying the indexing of the $85,000 expires next year. My amendment es- of any individual who does not elect to threshold for seniors to pay the addi- sentially extends this for 7 years. It is itemize deductions for the taxable year, the tional Medicare premiums. I will have to the benefit of seniors to do this. For modified charitable contribution deduction a chance to talk about that in a mo- those seniors who find excessive med- shall be zero. ment, but this amendment allows us to ical expenses facing them, this is some- ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes extend the medical expense deduction thing that was supported, obviously, by of this section— of 7.5 percent threshold but does it everyone across the aisle in the Afford- ‘‘(1) IN GENERAL.—The term ‘high-income taxpayer’ means, with respect to any taxable without attacking our seniors. able Care Act, and I am extending this year, any taxpayer (other than a corpora- The PRESIDING OFFICER. The Sen- for an additional 7 years with this tion) with an adjusted gross income for such ator’s time has expired. amendment. taxable year in excess of $1,000,000 (50 percent The Senator from Wyoming. I urge my colleagues to support for of such amount in the case of a married indi- Mr. ENZI. Mr. President, I want to low-income and middle-income seniors vidual who files a separate return). thank the Senator from Maryland for the excessive medical cost by adopting ‘‘(2) INFLATION ADJUSTMENT.— being willing to take a voice vote, the amendment. ‘‘(A) IN GENERAL.—In the case of a taxable knowing that would be in the minority. The PRESIDING OFFICER. The Sen- year beginning after 2016, the $1,000,000 The PRESIDING OFFICER. If there amount under paragraph (1) shall be in- ator from Maryland. creased by an amount equal to— is no further debate, the question is on Mr. CARDIN. Mr. President, I would ‘‘(i) such dollar amount, multiplied by agreeing to amendment No. 2913. urge my colleagues to vote against this ‘‘(ii) the cost-of-living adjustment deter- The amendment (No. 2913) was re- amendment because of how it is paid mined under section 1(f)(3) for the calendar jected. for. Seniors who have $85,000 of income year in which the taxable year begins, deter- The PRESIDING OFFICER. The Sen- have to pay a higher Part B premium mined by substituting ‘calendar year 2015’ ator from Indiana. today. We have indexed that because, for ‘calendar year 1992’ in subparagraph (B) AMENDMENT NO. 2888 TO AMENDMENT NO. 2874 thereof. as I think Members on both sides of the ‘‘(B) ROUNDING.—If any amount as adjusted Mr. COATS. Mr. President, I call up aisle agree, we believe that brackets under subparagraph (A) is not a multiple of amendment No. 2888. should have that type of index so that $10,000, such amount shall be rounded to the The PRESIDING OFFICER. The our seniors are protected from infla- next lowest multiple of $10,000. clerk will report. tionary growth. ‘‘(d) PAYROLL TAX.—For purposes of this The senior assistant legislative clerk The problem with the Coats amend- section, the payroll tax for any taxable year read as follows: ment is that he removes that index is an amount equal to the excess of— The Senator from Indiana [Mr. COATS] pro- through 2025. This is an attack on our ‘‘(1) the taxes imposed on the taxpayer poses an amendment numbered 2888 to under sections 1401, 1411, 3101, 3201, and seniors. There is no way that we should amendment No. 2874. 3211(a) (to the extent such tax is attributable be paying for this worthwhile extender. to the rate of tax in effect under section 3101) Mr. COATS. Mr. President, I ask I don’t disagree with the extender, but with respect to such taxable year or wages or unanimous consent that the reading of I do take exception with paying for it compensation received during such taxable the amendment be dispensed with. on the backs of our seniors, and I urge year, over The PRESIDING OFFICER. Without my colleagues to reject the amend- ‘‘(2) the deduction allowable under section objection, it is so ordered. ment. 164(f) for such taxable year. The amendment is as follows: Mr. COATS. Mr. President, if I could ‘‘(e) SPECIAL RULE FOR ESTATES AND TRUSTS.—For purposes of this section, in the (Purpose: To amend the Internal Revenue just respond. case of an estate or trust, adjusted gross in- Code of 1986 to extend the special rule for The PRESIDING OFFICER. All time come shall be computed in the manner de- seniors relating to the income level for de- has expired. scribed in section 67(e). duction of medical care expenses, and for The question is on agreeing to ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS other purposes) amendment No. 2888. CHAPTER FOR CERTAIN PURPOSES.—The tax At the appropriate place, insert the fol- Mr. CARDIN. I ask for the yeas and imposed under this section shall not be lowing: nays. treated as tax imposed by this chapter for SEC. lll. EXTENSION OF SPECIAL RULE FOR The PRESIDING OFFICER. Is there a purposes of determining the amount of any SENIORS RELATING TO INCOME credit under this chapter (other than the LEVEL FOR DEDUCTION OF MED- sufficient second? credit allowed under section 27(a)) or for pur- ICAL CARE EXPENSES. There appears to be a sufficient sec- poses of section 55.’’. Subsection (f) of section 213 of the Internal ond. (b) CLERICAL AMENDMENT.—The table of Revenue Code of 1986 is amended to read as The clerk will call the roll. parts for subchapter A of chapter 1 of the In- follows: The bill clerk called the roll. ‘‘(f) SPECIAL RULE.—In the case of any tax- ternal Revenue Code of 1986 is amended by Mr. DURBIN. I announce that the adding at the end the following new item: able year beginning after December 31, 2012, and ending before January 1, 2024, subsection Senator from Vermont (Mr. SANDERS) ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME (a) shall be applied with respect to a tax- is necessarily absent. TAXPAYERS’’. payer by substituting ‘7.5 percent’ for ‘10 per- The PRESIDING OFFICER (Mr. SUL- (c) EFFECTIVE DATE.—The amendments cent’ if such taxpayer or such taxpayer’s LIVAN). Are there any other Senators in made by this section shall apply to taxable spouse has attained age 65 before the close of years beginning after December 31, 2015. the Chamber desiring to vote? such taxable year.’’. The result was announced—yeas 60, Mr. CARDIN. Mr. President, I am not SEC. ll. TEMPORARY SUSPENSION OF THE IN- nays 39, as follows: going to ask for a record vote on this FLATION ADJUSTMENT IN THE CAL- amendment, and I hope that will help CULATION OF MEDICARE PART B [Rollcall Vote No. 324 Leg.] others try to move the process along. AND PART D PREMIUMS. YEAS—60 Section 1839(i)(5) of the Social Security This amendment is very similar to Alexander Crapo Isakson Act (42 U.S.C. 1395r(i)(5)) is amended— Ayotte Cruz Johnson the next amendment, the Coats amend- (1) in the matter preceding clause (i), by Barrasso Daines Kaine ment, in that it is a clear indication striking ‘‘2018 and 2019’’ and inserting ‘‘in Blunt Enzi King that the Democrats understand that we 2018 through 2025’’; and Boozman Ernst Kirk want to extend the medical expense de- (2) in clause (ii), by striking ‘‘2020, August Burr Fischer Lankford 2018’’ and inserting ‘‘2026, August 2024’’. Capito Flake Lee duction of 7.5 percent threshold to sen- Cassidy Gardner Manchin iors, which expires at the end of 2016. Mr. COATS. Mr. President, similarly, Coats Graham McCain The difference is that we don’t believe as Mr. CARDIN has said, what this does Cochran Grassley McCaskill Collins Hatch McConnell it should be paid for on the backs of is to continue something that was put Corker Heller Moran our seniors, and that is why this into the Affordable Care Act, a rise be- Cornyn Hoeven Murkowski amendment would have it paid for by a tween 7.5 percent of adjusted gross in- Cotton Inhofe Paul

VerDate Sep 11 2014 05:26 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.022 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8353 Perdue Sasse Thune Mr. MCCONNELL. Mr. President, I should repeal their laws because I don’t Portman Scott Tillis Risch Sessions Toomey wish to announce to everybody there like it—that is ridiculous. The fact is, Roberts Shelby Vitter will be up to five votes, and on those I am shocked that a Libertarian would Rounds Sullivan Warner five votes we will have 10-minute roll- stand here and offer this. Rubio Tester Wicker call votes. We intend to enforce the 10 I thought that Libertarians believe NAYS—39 minutes, so it would be a good idea for in freedom of localities over Big Gov- Baldwin Feinstein Murray everybody to stay close to the Cham- ernment. So why would you wipe out Bennet Franken Nelson ber. duly enacted local laws? DC has its Blumenthal Gillibrand Peters The PRESIDING OFFICER. The own unique needs. We know how many Booker Heinrich Reed Boxer Heitkamp Reid Democratic leader. diplomats come here. We know the Brown Hirono Schatz Mr. REID. Mr. President, I appreciate rest. It is quite different. We are a defi- Cantwell Klobuchar Schumer very much the direction we are going, nite target, but the fact is, I urge my Cardin Leahy Shaheen Carper Markey Stabenow but I would hope that we would have, colleagues to stand and be counted Casey Menendez Udall really, 10-minute votes. One way to en- here on behalf of local control. Coons Merkley Warren force that is to have people miss a cou- I started off as a county supervisor. I Donnelly Mikulski Whitehouse ple of these votes, OK? Because people didn’t want other entities telling me Durbin Murphy Wyden come strolling in thinking they are what to do. I think we ought to vote no NOT VOTING—1 going to be protected, so I would hope on this. Sanders it would be 10-minute votes. The PRESIDING OFFICER. The The amendment (No. 2888) was agreed The PRESIDING OFFICER. The Sen- question occurs on agreeing to Paul to. ator from Wyoming. amendment No. 2915. The PRESIDING OFFICER. The ma- Mr. ENZI. Mr. President, I ask unani- Mr. PAUL. I ask for the yeas and jority leader. mous consent that the next amend- nays. Mr. MCCONNELL. Mr. President, I ment be Paul amendment No. 2915 and The PRESIDING OFFICER. Is there a ask unanimous consent that following that it be subject to a 60-vote affirma- sufficient second? disposition of the Paul amendment, tive threshold for adoption. There appears to be a sufficient sec- Senator MCCONNELL or his designee be The PRESIDING OFFICER. Is there ond. recognized to offer amendment No. objection? The clerk will call the roll. 2916; further, that Senator REID or his Without objection, it is so ordered. The senior assistant legislative clerk designee be recognized to offer Byrd The Senator from Kentucky. called the roll. points of order against amendment No. AMENDMENT NO. 2915 TO AMENDMENT NO. 2874 Mr. DURBIN. I announce that the 2916 and that Senator MCCONNELL or (Purpose: To restore Second Amendment Senator from Vermont (Mr. SANDERS) his designee be recognized to make the rights in the District of Columbia) is necessarily absent. relevant motion to waive; and that fol- Mr. PAUL. Mr. President, I call up The PRESIDING OFFICER. Are there lowing the disposition of the motion to amendment No. 2915. any other Senators in the Chamber de- waive, the only three amendments re- The PRESIDING OFFICER. The siring to vote? maining in order be the following: Reid clerk will report. The result was announced—yeas 54, amendment No. 2917, Baldwin amend- The bill clerk read as follows: nays 45, as follows: ment No. 2919, and Murphy amendment The Senator from Kentucky [Mr. PAUL] [Rollcall Vote No. 325 Leg.] No. 2918. proposes an amendment numbered 2915 to YEAS—54 amendment No. 2874. The PRESIDING OFFICER. Is there Alexander Enzi Murkowski objection? Mr. PAUL. Mr. President, I ask unan- Ayotte Ernst Paul Without objection, it is so ordered. imous consent that the reading of the Barrasso Fischer Perdue The majority leader. Blunt Flake Portman amendment be dispensed with. Boozman Gardner Risch UNANIMOUS CONSENT AGREEMENT—CONFERENCE The PRESIDING OFFICER. Without Burr Graham Roberts REPORT TO ACCOMPANY H.R. 22 objection, it is so ordered. Capito Grassley Rounds Mr. MCCONNELL. Mr. President, I (The amendment is printed in today’s Cassidy Hatch Rubio Coats Heller Sasse ask unanimous consent that following RECORD under ‘‘Text of Amendments.’’) Cochran Hoeven Scott the disposition of H.R. 3762, the Chair The PRESIDING OFFICER. There is Collins Inhofe Sessions lay before the Senate the conference 2 minutes equally divided on the Corker Isakson Shelby report to accompany H.R. 22; further, amendment. Cornyn Johnson Sullivan Cotton Lankford Thune that it be in order for the majority Mr. PAUL. Mr. President, last week Crapo Lee Tillis leader or his designee to offer a cloture the District of Columbia police chief Cruz McCain Toomey motion on the conference report; and said that if you see an active shooter, Daines McConnell Vitter that notwithstanding the provisions of take them down. The problem is it is Donnelly Moran Wicker rule XXII, that there be 30 minutes of very difficult to own a gun in DC, and NAYS—45 debate equally divided between the two it is nearly impossible to have a gun Baldwin Heinrich Murray leaders or their designees on the clo- with you if you were to see an active Bennet Heitkamp Nelson Blumenthal Hirono Peters ture motion; I further ask that upon shooter. Booker Kaine Reed the use or yielding back of time, the So my amendment would create a Boxer King Reid Senate vote on the motion to invoke District of Columbia concealed carry Brown Kirk Schatz cloture; finally, if cloture is invoked, permit program. It would also allow Cantwell Klobuchar Schumer Cardin Leahy Shaheen all postcloture time be yielded back national reciprocity for concealed Carper Manchin Stabenow and the Senate vote on adoption of the carry. It would also allow Active-Duty Casey Markey Tester conference report to accompany H.R. Forces to carry concealed carry-on De- Coons McCaskill Udall partment of Defense properties. Durbin Menendez Warner 22. Feinstein Merkley Warren The PRESIDING OFFICER. Is there I ask the Senate and those Senators Franken Mikulski Whitehouse objection? who believe in self-defense to vote for Gillibrand Murphy Wyden The Senator from California. this amendment. NOT VOTING—1 Mrs. BOXER. Mr. President, I reserve Thank you. Sanders the right to object. The PRESIDING OFFICER. The Sen- I am so not going to object. I just ator from California. The PRESIDING OFFICER. Under wanted to thank you and thank every- Mrs. BOXER. Mr. President, I am the previous order requiring 60 votes body. I think this is a moment all of us rather shocked at this amendment by for the adoption of this amendment, have waited for, for a long time, so I my friend—and he is my friend. If I the amendment is rejected. am not objecting. stood here and said: I don’t like the The Senator from Wyoming. The PRESIDING OFFICER. Without laws in Lexington, KY, and I think AMENDMENT NO. 2916 TO AMENDMENT NO. 2874 objection, it is so ordered. that Big Brother ought to decide we (Purpose: In the nature of a substitute)

VerDate Sep 11 2014 05:23 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.023 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8354 CONGRESSIONAL RECORD — SENATE December 3, 2015 Mr. ENZI. Mr. President, I call up out. What this basically seeks to strike Shaheen Udall Whitehouse Stabenow Warner Wyden amendment No. 2916. out is a provision that takes out the Tester Warren The PRESIDING OFFICER. The money for a bailout fund, for taxpayer clerk will report. money that would be used to bail out NOT VOTING—1 The bill clerk read as follows: insurance companies that participate Sanders The Senator from Wyoming [Mr. ENZI], for in ObamaCare. Why should the Amer- The PRESIDING OFFICER. On this Mr. MCCONNELL, proposes an amendment ican taxpayer have to bail out private vote, the yeas are 52, the nays are 47. numbered 2916 to amendment No. 2874. insurance companies that are losing Three-fifths of the Senators duly cho- Mr. ENZI. Mr. President, I ask unani- money on ObamaCare? sen and sworn not having voted in the mous consent that the reading of the Last year, because we passed this affirmative, the motion is rejected. amendment be dispensed with. provision, we saved the American tax- The point of order is sustained, and The PRESIDING OFFICER. Without payers $2.5 billion. But now, because section 105(b) is stricken. objection, it is so ordered. these companies have lobbyists who The Democratic leader. (The amendment is printed in today’s come up here and lobby to get their AMENDMENT NO. 2917 TO AMENDMENT NO. 2916 RECORD under ‘‘Text of Amendments.’’) The PRESIDING OFFICER. The Sen- money, we are supposed to leave in this Mr. REID. Mr. President, I ask the ator from Washington. fund to bail out private insurance com- clerk to report amendment No. 2917. Mrs. MURRAY. Mr. President, over panies. This is outrageous. The PRESIDING OFFICER. The the last several years our country has If you want to be involved in the ex- clerk will report. taken some important steps forward changes—and of course I want us to re- The legislative clerk read as follows: when it comes to health care. More peal the whole lot, but if you want to The Senator from Nevada [Mr. REID] pro- than 16 million people have gained the be involved in these exchanges and you poses an amendment numbered 2917 to peace of mind and security that comes lose money, the American taxpayer amendment No. 2916. with having health care coverage. Tens should not have to bail you out to the The amendment is as follows: of millions of people with preexisting tune of over $2 billion, and that is what (Purpose: To strike the reinstatement of the conditions no longer have to worry they are asking for. tax on employee health insurance pre- about insurance companies turning Mr. President, pursuant to section miums and health plan benefits) them away. Young adults in our coun- 904 of the Congressional Budget Act of In section 209, strike subsection (c). try are able to stay covered under their 1974 and the waiver provisions of appli- The PRESIDING OFFICER. The parents’ insurance as they start out in cable budget resolutions, I move to Democratic leader. life. And there is so much more. But, as waive all applicable sections of that Mr. REID. There is no shortage of I have said many times, the work did act and applicable budget resolutions contradictions today from my Repub- not end when the Affordable Care Act for purposes of amendment No. 2916, lican friends. The first amendment was passed—far from it. I am ready to con- and I ask for the yeas and nays. called, ‘‘If you like what you have, you tinue working with anyone who has The PRESIDING OFFICER. Is there a can keep it.’’ A couple of hours later, good ideas about how to continue mak- sufficient second? the same Republicans came back and ing health care more affordable, ex- There appears to be a sufficient sec- voted to strip the health care for 22 pand coverage, and improve quality of ond. million Americans. care. The question is on agreeing to the In one of the few bipartisan moments Unfortunately, with this latest tired motion. today, 90 Senators voted to remove the political effort to dismantle critical The clerk will call the roll. provision that would restart the Cad- health care reforms, my Republican The bill clerk called the roll. illac tax in 2025. Yet minutes later, the colleagues are once again making it Mr. DURBIN. I announce that the Republican leader offered the pending clear that they want to take our health Senator from Vermont (Mr. SANDERS) substitute amendment to put that pro- care system back to the bad old days. is necessarily absent. vision back in. This is a major substitute amendment The PRESIDING OFFICER. Are there Do they really believe those who op- that my Republican colleagues just of- any other Senators in the Chamber de- pose the Cadillac tax will not recognize fered. It is yet another effort to pander siring to vote? that they voted with them and then to the extreme political base rather The yeas and nays resulted—yeas 52, immediately reversed themselves and than working with us to strengthen nays 47, as follows: voted against them? I am offering them health care for our families. [Rollcall Vote No. 326 Leg.] a chance to correct the record. Even the Parliamentarian agreed YEAS—52 My amendment will again remove with us today that repealing these im- the provision that restarts the Cadillac portant premium stabilization pro- Alexander Fischer Perdue Ayotte Flake Portman tax in 2025. I urge all Senators, particu- grams does not have a sufficient budget Barrasso Gardner Risch larly the 90 who just voted yes, to sup- Blunt Graham impact and is subject to the Byrd rule. Roberts port this amendment. So I am raising a point of order today Boozman Grassley Rounds Burr Hatch The PRESIDING OFFICER. The Sen- to strike section 105(b) from the Rubio Capito Heller ator from Wyoming. amendment, which repeals the risk cor- Sasse Cassidy Hoeven Scott Coats Inhofe Mr. ENZI. Mr. President, I appreciate ridor program. It is a vital program to Sessions Cochran Isakson the senior Senator from Nevada pro- make sure premiums are affordable and Shelby Collins Johnson tecting the bipartisan amendment that stable for our working families. Re- Sullivan Cornyn Lankford was put forward by the junior Senator pealing it would result in increased Cotton Lee Thune Tillis from Nevada to make sure that stays premiums, more uninsured, and less Crapo McCain Cruz McConnell Toomey in the bill. I suggest that we have a competition in the market. Daines Moran Vitter This amendment represents a step voice vote. Enzi Murkowski Wicker The PRESIDING OFFICER. Is there forward for our health care system, not Ernst Paul further debate? backward. I hope Republicans will drop NAYS—47 the politics and join us in supporting If not, the question is on agreeing to Baldwin Durbin Markey it. the amendment. Bennet Feinstein McCaskill The amendment (No. 2917) was agreed Mr. President, I raise a point of order Blumenthal Franken Menendez that section 105(b) of the pending Booker Gillibrand Merkley to. amendment violates section Boxer Heinrich Mikulski The PRESIDING OFFICER. The Sen- Brown Heitkamp Murphy ator from Wisconsin. 313(b)(1)(D) of the Congressional Budget Cantwell Hirono Murray Act of 1974. Cardin Kaine Nelson AMENDMENT NO. 2919 TO AMENDMENT NO. 2916 The PRESIDING OFFICER. The Sen- Carper King Peters (Purpose: To ensure that individuals can Casey Kirk Reed keep their health insurance coverage) ator from Florida. Coons Klobuchar Reid Mr. RUBIO. Mr. President, ‘‘premium Corker Leahy Schatz Ms. BALDWIN. Mr. President, I call stabilization’’ is a fancy term for bail- Donnelly Manchin Schumer up amendment No. 2919.

VerDate Sep 11 2014 05:23 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.080 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8355 The PRESIDING OFFICER. The pursuant to section 302(f) of the Con- Mr. MURPHY. I ask unanimous con- clerk will report. gressional Budget Act of 1974. sent that the reading of the amend- The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- ment be dispensed with. The Senator from Wisconsin [Ms. BALDWIN] ator from Wisconsin. The PRESIDING OFFICER. Without proposes an amendment numbered 2919 to Ms. BALDWIN. Mr. President, pursu- objection, it is so ordered. amendment No. 2916. ant to section 904 of the Congressional (The amendment is printed in today’s Ms. BALDWIN. I ask unanimous con- Budget Act of 1974, I move to waive all RECORD under ‘‘Text of Amendments.’’) sent that the reading of the amend- applicable sections of that act for pur- Mr. MURPHY. Mr. President, when ment be dispensed with. poses of the pending amendment, and I President Clinton proposed his health The PRESIDING OFFICER. Without ask for the yeas and nays. care bill in 1993, Republicans were so objection, it is so ordered. The PRESIDING OFFICER. Is there a upset that they came up with a radical (The amendment is printed in today’s sufficient second? idea. This radical idea was to give tax RECORD under ‘‘Text of Amendments.’’) There is a sufficient second. credits to poor people to buy private Ms. BALDWIN. Mr. President, I rise The question is on agreeing to the insurance, to set up an insurance ex- to speak in support of my amendment motion. change where they could do that, to to allow families in Wisconsin and The clerk will call the roll. ban preexisting conditions, and to in- The legislative clerk called the roll. clude an individual mandate—in short, across the country to keep their high- Mr. DURBIN. I announce that the quality affordable health insurance the Affordable Care Act, built by Re- Senator from Vermont (Mr. SANDERS) under the Affordable Care Act. publicans, many of them still in this is necessarily absent. Chamber today. My Republican friends want to repeal The PRESIDING OFFICER. Are there the Affordable Care Act and turn back At the heart of that proposal was the any other Senators in the Chamber de- idea that people should get a tax cut in the clock to the days when only the siring to vote? healthy and wealthy could afford the order to be able to buy private insur- The yeas and nays resulted—yeas 45, ance. At the heart of the underlying luxury of quality health insurance. The nays 54, as follows: plan before us would strip millions of Republican amendment is a gutting of [Rollcall Vote No. 327 Leg.] that ability of individuals to go out Americans of their premium tax cred- YEAS—45 its and take away new Medicaid cov- and buy private insurance for them- Baldwin Gillibrand Murray erage for thousands of people across selves. Bennet Heinrich Nelson This amendment is pretty simple. It this country. Blumenthal Heitkamp Peters says that at the very least we can come My amendment is simple. It would Booker Hirono Reed together on the idea that we should prevent Republicans from taking away Boxer Kaine Reid Brown King Schatz preserve those tax credits for the most these tax credits and Medicaid for mil- Cantwell Klobuchar Schumer vulnerable—for pregnant women, for lions of low-income Americans. Thanks Cardin Leahy Shaheen victims of domestic violence, for people to the Affordable Care Act, over 183,000 Carper Manchin Stabenow Casey Markey Tester suffering from heart disease, cancer, Wisconsinites—hard-working Wiscon- Coons McCaskill Udall and Alzheimer’s. At the very least, we sinites—have obtained quality, afford- Donnelly Menendez Warner can come together and decide to pro- able private health insurance coverage Durbin Merkley Warren tect those tax credits—a Republican through the marketplace. Almost 90 Feinstein Mikulski Whitehouse Franken Murphy Wyden idea at the genesis for those vulnerable percent of these Wisconsinites are re- individuals. ceiving support to make their coverage NAYS—54 Alexander Ernst Murkowski I urge adoption of the amendment. more affordable. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Ayotte Fischer Paul Barrasso Flake Perdue ator from Wyoming. ator’s time has expired. Blunt Gardner Portman Mr. ENZI. Mr. President, I urge my Ms. BALDWIN. I ask unanimous con- Boozman Graham Risch colleagues to oppose this amendment. sent for 10 more seconds. Burr Grassley Roberts Capito Hatch Rounds Under ObamaCare, health insurance The PRESIDING OFFICER. Without Cassidy Heller Rubio plans are decreasing, they are nar- objection, it is so ordered. Coats Hoeven Sasse rower, and they are giving sick individ- Ms. BALDWIN. Americans deserve to Cochran Inhofe Scott uals fewer choices and fewer options know their coverage will be there when Collins Isakson Sessions Corker Johnson Shelby over their health care. they need it the most. I urge my col- Cornyn Kirk Sullivan Repealing ObamaCare is the first leagues to support this amendment be- Cotton Lankford Thune step in moving toward health care that cause in the United States of America, Crapo Lee Tillis Cruz McCain Toomey is better for all Americans, including health care should be a right guaran- Daines McConnell Vitter those who Senators MURPHY and STA- teed to all, not a privilege reserved for Enzi Moran Wicker BENOW intend to help. the few. NOT VOTING—1 This amendment also again proposes The PRESIDING OFFICER. The Sen- Sanders the Buffett tax, taxing foreign inver- ator from Wyoming. sion corporations as domestic, and ex- Mr. ENZI. Mr. President, I urge my The PRESIDING OFFICER. On this panding limitations on executive com- colleagues to oppose this amendment. vote, the yeas are 45, the nays are 54. pensation deductibility. This amendment would exempt individ- Three-fifths of the Senators duly cho- I believe the problem with Washing- uals eligible for advanced premium tax sen and sworn not having voted in the ton’s finances is that our government credits from the larger tax credit re- affirmative, the motion is rejected. spends too much and lives outside its peal in the bill. As a matter of policy The point of order is sustained and the means. I am continually working to and fairness, I do not believe that just amendment falls. put our country’s finances on a sus- The Senator from Connecticut. because an individual is eligible for an tainable path so that more Americans advanceable tax credit, they should be AMENDMENT NO. 2918 TO AMENDMENT NO. 2916 can keep more of their hard-earned exempt from the larger repeal. (Purpose: To protect victims of violence or money. We don’t need higher taxes. I also object to the repeated attempt disease, veterans, workers who have lost I urge my colleagues to oppose the their health insurance and their jobs, and to pay for this amendment by increas- other vulnerable populations from the re- upcoming motion to waive. ing taxes on hard-working Americans. I peal of the advanced premium tax credit) Mr. President, the pending amend- urge my colleagues to oppose this mes- Mr. MURPHY. Mr. President, I call ment No. 2918 would cause the under- sage. up amendment No. 2918. lying legislation to exceed the author- The pending amendment No. 2919 The PRESIDING OFFICER. The izing committee’s 302(a) allocation of would cause the underlying legislation clerk will report. new budget authority or outlays. to exceed the authorizing committee’s The bill clerk read as follows: Therefore, I raise a point of order 302(a) allocation of new budget author- The Senator from Connecticut [Mr. MUR- against this amendment pursuant to ity or outlays. Therefore, I raise a PHY] proposes an amendment numbered 2918 section 302(f) of the Congressional point of order against this amendment to amendment No. 2916. Budget Act of 1974.

VerDate Sep 11 2014 04:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.082 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8356 CONGRESSIONAL RECORD — SENATE December 3, 2015 The PRESIDING OFFICER. The Sen- major bill that has just been intro- with preexisting conditions no longer ator from Connecticut. duced that we are now voting on. I as- have to worry about insurance compa- Mr. MURPHY. Mr. President, pursu- sume everyone has read every word of nies turning them away, and young ant to section 904 of the Congressional it. adults in this country are able to stay Budget Act of 1974, I move to waive all We have been debating 20 hours and covered as they start out their lives, applicable sections of that act for pur- just got a major amendment a few but the work didn’t end when the Af- poses of the pending amendment, and I hours ago that doubles down on all of fordable Care Act was passed—far from ask for the yeas and nays. the deep and harmful bill that is in it. The PRESIDING OFFICER. Is there a front of us, and it is really objection- So I am ready, and I know our col- sufficient second? able to those on our side that after 20 leagues on this side of the aisle are There appears to be a sufficient sec- hours of debate on a number of amend- also, to work with anyone who has ond. ments we get a major substitute good ideas about how we continue The question is on agreeing to the amendment that we are voting on. making health care more affordable, motion. I would not object to it being a voice expanding coverage, and improving the The clerk will call the roll. vote, but I urge my colleagues to vote quality of care. The bill clerk called the roll. no. The legislation we have now spent Mr. DURBIN. I announce that the Mr. MCCONNELL. I yield back the the last few days debating, which has Senator from Vermont (Mr. SANDERS) time on this side. no chance for becoming law, will do the is necessarily absent. The PRESIDING OFFICER. The exact opposite. This will undo the The PRESIDING OFFICER (Mr. question is on agreeing to amendment progress we have made. It is not what SASSE). Are there any other Senators No. 2916, as amended. our families and communities want. in the Chamber desiring to vote? The amendment (No. 2916), as amend- I hope that once this partisan bill The yeas and nays resulted—yeas 46, ed, was agreed to. reaches the dead-end it has always nays 53, as follows: VOTE ON AMENDMENT NO. 2874, AS AMENDED been headed for, Republicans will fi- [Rollcall Vote No. 328 Leg.] The PRESIDING OFFICER. The nally drop the politics and work with YEAS—46 question occurs on amendment No. us to deliver results for the families Baldwin Gillibrand Nelson 2874, as amended, offered by the major- and communities we serve. Bennet Heinrich Peters ity leader. The PRESIDING OFFICER. All time Blumenthal Heitkamp Reed Mrs. MURRAY. I yield back our has expired. Booker Hirono Reid time. Boxer Kaine The amendment was ordered to be Schatz Mr. MCCONNELL. I yeld back all Brown King Schumer engrossed, and the bill to be read a Cantwell Klobuchar Shaheen time on this side. third time. Cardin Leahy Stabenow The PRESIDING OFFICER. All time The bill was read the third time. Carper Manchin Tester is yielded back. Casey Markey The PRESIDING OFFICER. The bill Udall Collins McCaskill The question is on agreeing to having read the third time, the ques- Warner Coons Menendez amendment No. 2874, as amended. tion is, shall the bill pass? Donnelly Merkley Warren The amendment (No. 2874), as amend- Durbin Mikulski Whitehouse Mr. BARRASSO. I ask for the yeas Feinstein Murphy Wyden ed, was agreed to. and nays. Franken Murray Mr. MCCONNELL. Mr. President, for The PRESIDING OFFICER. Is there a years the American people have been NAYS—53 sufficient second? calling on Washington to build a bridge There appears to be a sufficient sec- Alexander Fischer Paul away from ObamaCare. For years Ayotte Flake Perdue ond. Barrasso Gardner Portman Democrats prevented the Senate from The clerk will call the roll. Blunt Graham Risch passing legislation to do just that, but The legislative clerk called the roll. Boozman Grassley Roberts in just a moment that will change. Mr. DURBIN. I announce that the Burr Hatch Rounds Capito Heller It will be a victory for the middle- Senator from Vermont (Mr. SANDERS) Rubio class families who have endured this Cassidy Hoeven Sasse is necessarily absent. Coats Inhofe Scott law’s pain far too long on their medical Cochran Isakson The PRESIDING OFFICER. Are there Sessions choices, on the affordability of their Corker Johnson any other Senators in the Chamber de- Shelby Cornyn Kirk care, on the availability of their doc- siring to vote? Sullivan Cotton Lankford tors and hospitals, and on the insur- The result was announced—yeas 52, Crapo Lee Thune Tillis ance they liked and wanted to keep. A nays 47, as follows: Cruz McCain new Senate that is back on the side of Daines McConnell Toomey [Rollcall Vote No. 329 Leg.] Enzi Moran Vitter the American people will vote to move YEAS—52 Ernst Murkowski Wicker beyond all the broken promises, all the higher costs, and all the failures. We Alexander Fischer Perdue NOT VOTING—1 Ayotte Flake Portman Sanders will vote to build a bridge away from Barrasso Gardner Risch ObamaCare and toward better care. We Blunt Graham Roberts The PRESIDING OFFICER. On this will vote for a new beginning. Boozman Grassley Rounds vote, the yeas are 46, the nays are 53. Burr Hatch Rubio We hope the House will again do the Capito Heller Three-fifths of the Senators duly cho- same, and then President Obama will Sasse Cassidy Hoeven Scott sen and sworn not having voted in the Coats Inhofe have a choice. He can defend the status Sessions affirmative, the motion is rejected. Cochran Isakson quo that has failed the middle class by Shelby Corker Johnson The point of order is sustained, and the Sullivan vetoing the bill or he can work toward Cornyn Lankford amendment falls. a new beginning and better care by Cotton Lee Thune AMENDMENT NO. 2916, AS AMENDED signing it. Crapo McCain Tillis Toomey The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- Cruz McConnell Daines Moran Vitter question occurs on amendment No. ator from Washington. Enzi Murkowski Wicker 2916, as amended, offered by the major- Mrs. MURRAY. Mr. President, as I Ernst Paul ity leader. have said before, I am very proud of the NAYS—47 The Senator from Washington. progress we have made over the last Baldwin Casey Heitkamp Mrs. MURRAY. Mr. President, we are few years toward a health care system Bennet Collins Hirono about to have a voice vote on the sub- that actually works for our families Blumenthal Coons Kaine stitute amendment, and I would not and puts their needs first. Booker Donnelly King Boxer Durbin Kirk object to a voice vote, since I know we Today more than 16 million people Brown Feinstein Klobuchar have all been here a long time, but I have gained the peace of mind and se- Cantwell Franken Leahy would just like to point out to every- curity that comes with health care Cardin Gillibrand Manchin one that the substitute amendment is a coverage. Tens of millions of people Carper Heinrich Markey

VerDate Sep 11 2014 06:51 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.084 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8357 McCaskill Peters Tester tion and roadway sound attenuation, tion of durable, resilient, and sustain- Menendez Reed Udall and articulated technology for hydrau- able materials and techniques set forth Merkley Reid Warner Mikulski Schatz Warren lic sheer-resistant erosion control’’ as in this section and should enjoy a simi- Murphy Schumer Whitehouse technologies for research and deploy- lar favorable view under the umbrella Murray Shaheen Wyden ment action by the Federal Highway of Section 1428. Nelson Stabenow Administration, FHWA. Mr. CARDIN. Mr. President, I rise NOT VOTING—1 A core value shared by all three tech- today to speak about the highway trust Sanders nologies is that they can save taxpayer fund, HTF, and the conference report we will be considering shortly to ac- The bill (H.R. 3762), as amended, was dollars. And we should certainly en- company the surface transportation re- passed. courage FHWA to engage in research authorization bill, which is called the The PRESIDING OFFICER. The ma- and deployment on them. Fixing America’s Surface Transpor- jority leader. For example, one of the practical and expensive problems with highway con- tation Act, FAST Act. f struction is moving and dispensing First, I am pleased to see that this ORDER OF PROCEDURE with excavated dirt. Segmental retain- bill provides 5 years of funding for our ing wall, or SRW, technology can re- Nation’s transportation infrastructure. Mr. MCCONNELL. Mr. President, I duce transportation construction costs That is the kind of long-range cer- ask unanimous consent that a 60-af- to the taxpayers by allowing the use of tainty our State and local officials and firmative vote be required for adoption in situ soils in building segmental re- the private sector need to plan trans- of the conference report to accompany taining walls rather than treating the portation infrastructure projects in a H.R. 22. excavated dirt as waste and hauling it thoughtful and responsible way. The PRESIDING OFFICER. Is there While there are many excellent pro- away. Using the native soils for bank objection? visions in the bill, I do have significant reinforcement can save the hauling Without objection, it is so ordered. concerns about the way our Nation’s costs and time for dirt removal, also Mr. MCCONNELL. Mr. President, for surface transportation infrastructure reducing construction time. Similar the information of all of our col- is being funded. segmental unit technology can be used leagues, there will be only two votes in First, I will speak about the policy to provide additional choices that are relation to the highway bill, and those within the bill. I am pleased that the also aesthetically appealing for trans- will be the last votes of the week. conference committee has retained this portation designers to consider for f Nation’s commitment to transpor- sound attenuation. tation alternatives. This bill includes SURFACE TRANSPORTATION RE- And articulated segmented unit tech- more than $4 billion for bike and pedes- AUTHORIZATION AND REFORM nology for erosion control, known as trian infrastructure, making our roads ACT OF 2015—CONFERENCE RE- ACB for the concrete blocks usually safer for everyone who uses them. My PORT used for this purpose linked together in bill creating a dedicated program for a durable matrix, is especially durable nonmotorized safety is also included in The PRESIDING OFFICER. The and resistant to overtopping in high- Chair lays before the Senate the con- the reauthorization, which will support water events. Overtopping is a major things like bike safety training pro- ference report to accompany H.R. 22, problem in high-water events that can which will be stated by title. grams for both bicyclists and drivers, degrade or ruin the existing erosion again making our streets safer for all The senior assistant legislative clerk control measures. Rebuilding and re- read as follows: who use them. placing is always a huge cost that we Furthermore, the section 5340 bus The committee of conference on the dis- should seek to avoid. program has been kept intact. This agreeing votes of the two Houses on the While the conference report does not program is for high-density areas like amendment of the House to the amendment retain my provision, we still have op- of the Senate to the bill (H.R. 22), to author- Baltimore and Washington, DC, which ize funds for Federal-aid highways, highway tions to save the taxpayers money. I cannot simply widen a road to accom- safety programs, and transit programs, and would like to point out that provisions modate extra travelers. The FAST Act for other purposes, having met, have agreed appear elsewhere in the conference re- provides more than $2.7 billion to high- that the Senate recede from its disagreement port that can give FHWA essentially density areas. This is significant for to the amendment of the House and agree to the same mission, albeit articulated in Maryland in particular. Over the life of the same with an amendment and the House a different way. this bill, Maryland should receive more agree to the same, signed by a majority of Section 1428 of the conference report the conferees on the part of both Houses. than $4.4 billion in Federal Highway states that ‘‘the Secretary shall en- Administration, FHWA, and Federal Thereupon, the Senate proceeded to courage the use of durable, resilient Transit Administration, FTA, funding consider the conference report. and sustainable materials and prac- combined. That is an extraordinary (The conference report is printed in tices, including the use of geosynthetic amount of funding for a State that the House proceedings of the RECORD of materials and other innovative tech- sorely needs it. December 1, 2015.) nologies, in carrying out the activities I am concerned, however, that the The PRESIDING OFFICER. There of the Federal Highway Administra- FAST Act undermines the public input, are 30 minutes of debate equally di- tion.’’ environmental analysis, and judicial vided. Section 1428 might be an alternate review guaranteed under the National Who yields time? means of articulating the same con- Environmental Policy Act, NEPA. If Mr. VITTER. Mr. President, I wish to cepts I supported with regard to the in- Congress wants Federal agencies to ap- clarify today a provision included in novative segmental wall, or SRW, tech- prove more permits faster, then we the FAST Act conference report. nology. SRW walls use concrete block should appropriate the requisite funds In order to build and restore the Na- facing materials that are obviously for sufficient staff and other necessary tion’s highway infrastructure without highly durable, resilient, and sustain- resources. We should not undermine breaking the bank to do so, we are able. These facing units are anchored the integrity of important project re- going to need the best and latest in into the soils using geosynthetic ties views. Moreover, the argument that cost-saving construction technologies that are also highly tough and durable the permitting process takes too long to help us attain that goal. and described in Section 1428. is a red herring. More than 95 percent I supported a provision in the Senate In passing the conference report, I of all FHWA-approved projects involve bill that would do just that with regard would like to clarify for FHWA staff to no significant impacts and therefore to construction for key highway com- consider SRW technology, using the have limited NEPA requirements. If we ponents, such as bridge abutments, ero- durable, resilient, sustainable mate- really want to speed project develop- sion control on highway waterways, rials anchored with geosynthetics as ment, we should recognize the known and sound walls. My language specifi- one of the technologies envisioned in causes of delay and not use this bill as cally identified ‘‘innovative segmental Section 1428. ACBs and segmental a Trojan horse to dismantle our Na- wall technology for soil bank stabiliza- block sound walls also fit the defini- tion’s foundational environmental

VerDate Sep 11 2014 05:56 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.063 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8358 CONGRESSIONAL RECORD — SENATE December 3, 2015 laws. So while I support many of the The Joint Committee on Taxation, not provide any advice or use any of policies in the bill, I am still very con- JCT, scores this provision at over $2.0 the tools IRS employees have, such as cerned about the impact it will have on billion over 10 years, but since JCT extensions or offers in compromise. our environment. only takes into account incoming and In October, I joined 15 other Sen- While I have mixed feelings about the outgoing tax revenue, its score doesn’t ators—including several of my Finance policies in this bill, I am not conflicted take into account the IRS’s implemen- Committee colleagues and Ranking with regard to how it is funded. I am tation and oversight costs and the op- Member WYDEN—in signing a letter the extremely disappointed in the hodge- portunity costs of farming collections senior Senator from Ohio, Mr. BROWN, podge of questionable pay-fors that we out to private collectors. sent to leadership on the dangers and are using in this bill. We certainly Twice before, from 1996 to 1997 and shortcomings of this provision. Unfor- needed to address the problem of fund- from 2006 to 2009, Congress required tunately, our message was not heard. ing our Nation’s highway and transit Treasury to turn over some tax collec- So, because we refuse to turn to obvi- systems beyond the myriad short-term tion efforts to PCAs with miserable re- ous and commonsense financing solu- extensions that Congress has approved sults. The first attempt resulted in the tions for our transportation infrastruc- in the past. But instead of opting for a loss of $17 million and contractors par- ture problems, we have decided instead reliable and permanent future revenue ticipating were found to have violated to use an offset that has historically stream to pay for this critical govern- the Fair Debt Collections Practice Act. lost money, all on the backs of low-in- ment function, the FAST Act falls Under legislation enacted in 2004, the come taxpayers. back on provisions completely unre- IRS again attempted to use PCAs to Mr. President, the FAST Act con- lated to highways and mass transit. It collect Federal taxes in 2006. In Sep- relies on one-time pay-fors that are ference report is a bipartisan, bi- tember of that year, the IRS began cameral achievement. I congratulate simply digging a deeper hole for the turning over delinquent taxpayer ac- next reauthorization. That is a trouble- the House and Senate conferees for counts to three PCAs who were per- reaching an agreement; I know it has some precedent. mitted to keep between 21–24 percent of I think we have missed an oppor- been an arduous process. The reauthor- the money they collected. While the ization contains many good provisions tunity here to stick to the ‘‘user pays’’ program was supposed to bring in up to principle with regard to the Federal and provides 5 years of desperately $2.2 billion in unpaid taxes, data from needed funding for our Nation’s crum- gasoline excise tax, which hasn’t been the IRS showed that the program actu- raised since 1993. According to the Con- bling transportation infrastructure. I ally resulted in a net loss of almost $4.5 will vote for the conference report, but gressional Budget Office, a 10-cent-per- million to the Federal Government gallon increase in the tax would fully I will do so with serious reservations after subtracting $86.2 million in ad- about how this bill is funded. Our sur- fund the bill for 5 years. ministration costs and more than $16 Gasoline prices are plunging around face transportation infrastructure is a million in commissions to the PCAs. the country, with the national average crucial component of our national se- In analyzing the PCA offset last year, falling in 24 out of the past 30 days, ac- curity and economic competitiveness. the IRS prepared a preliminary esti- cording to the American Automobile Reauthorizing our surface transpor- mate of the percentage of individual Association, AAA, earlier this week. tation programs used to be a relatively taxpayers who have ‘‘inactive tax re- The price of a gallon of regular gaso- routine matter; now it is becoming ceivables’’ that would be subject to pri- line now stands at $2.04 nationally, harder and harder to do and we are re- vate debt collection and who are low- down 14 cents compared to 1 month ago lying more and more on gimmicky income. After reviewing collection and 74 cents lower than this time last funding mechanisms. These are worri- data for fiscal year 2013, the IRS found year. AAA officials and others antici- some precedents. that 79 percent of the cases that fell pate that the national average price Mr. THUNE. Mr. President, over the into the ‘‘inactive tax receivables’’ cat- will dip below the $2.00 threshold with- past few years, the public has grown in- egory involved taxpayers with incomes in a matter of days. creasingly skeptical of Congress being below 250 percent of the Federal pov- So, as I said, I think we may be miss- able to function. erty level. So nearly four-fifths of de- ing an opportunity here to put surface When Republicans took the majority linquent taxpayers were almost surely transportation infrastructure funding in January, we promised the American in the ‘‘can’t pay’’ category and would back on a solid foundation, appro- people we would get the Senate work- be unlikely to make payments when priately based on the ‘‘user pays’’ prin- ing again, and we have been delivering contacted by a PCA instead of the IRS. ciple. on that promise. It is also important from a policy Not only are low-income taxpayers more vulnerable to begin with, PCAs This Transportation bill conference perspective that we price carbon more report is another major legislative appropriately to reflect its total costs, actually provide fewer options for them achievement and the result of hard promote fuel efficiency, and accelerate to meet their tax obligations. IRS em- work by several committees in the the absolutely essential shift from fos- ployees, unlike the PCAs, have a vari- House and Senate who put together sil fuels to cleaner, more sustainable ety of tools at their disposal they can key provisions to spur long overdue in- sources of energy. Lower gasoline use to help delinquent taxpayers meet frastructure investment and safety im- prices let motorists keep more money their tax obligations, especially those provements. in their pockets in the short term. But facing financial difficulties. These we have to think about the long term, tools include the ability to postpone, This bill will give States and local too, and if we needlessly delay making extend, or suspend collection activities governments the certainty they need that inevitable shift, the long-term for limited periods of time; making to plan for and commit to key infra- costs to human health and the environ- available flexible payment schedules structure projects. It will also help ment will dwarf any perceived short- that provide for skipped or reduced strengthen our Nation’s transportation term gains. monthly payments under certain cir- system by increasing transparency in There is one so-called offset in the cumstances; the possibility of waiving the allocation of transportation dol- bill that I adamantly oppose: the use of late penalties or postponing asset sei- lars, streamlining the permitting and private collection agencies, PCAs, to zures; and offers in compromise, OIC, environmental review processes, and collect tax debt. I oppose this provision which are agreements between strug- cutting red tape. not only because it simply will not gling taxpayers and the IRS that settle Republicans and Democrats alike got raise revenue but also because it is ter- tax debts for less than the full amount to make their voices heard during this rible tax policy that puts a target on owed. process, and the final conference report the back of low-income and middle- In contrast, the PCAs’ sole interest is is stronger because of it. class families. The Treasury Depart- to collect from a taxpayer the balance As chairman of the Commerce, ment, the Internal Revenue Service, due amount they have been provided. Science, and Transportation Com- IRS, and the National Taxpayer Advo- They have no interest in whether the mittee, I had the opportunity to work cate all join me in opposing this provi- taxpayer owes other taxes or may not on various sections of the bill with sion. have filed required returns. They can- Ranking Member BILL NELSON. The

VerDate Sep 11 2014 05:56 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.070 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8359 provisions under our committee’s juris- In the wake of the recall over the GM ing and maintaining our Nation’s diction comprise roughly half of the ignition switch defect, the inspector transportation system without the cer- 1,300 pages of legislative text. general at the Department of Transpor- tainty and predictability they need to One particular focus was on enhanc- tation published a scathing report keep our roads and highways thriving. ing the safety of our Nation’s cars, identifying serious lapses at the Na- I am proud of the final conference re- trucks, and railroads, and the final bill tional Highway Traffic Safety Admin- port that passed the House earlier we produced makes key reforms that istration—or NHTSA—the government today by a strong vote of 359–65. I urge will enhance transportation safety agency responsible for overseeing safe- my colleagues to join in passing this around the country. ty in our Nation’s cars and trucks. long-overdue bill so it can be signed Over the past year, the Commerce The concerns raised included ques- into law by the President without fur- Committee has spent a lot of time fo- tions about the agency’s ability to ther delay. cused on motor vehicle safety efforts. properly identify and investigate safe- I ask unanimous consent that a sum- Last year was a record year for auto ty problems—a concern that is further mary of the Commerce Committee’s re- problems, with more than 63 million underscored by the circumstances sur- lated provision be printed in the vehicles recalled. rounding the Takata recalls. RECORD. Two of the defects that have spurred In addition to targeting violations by There being no objection, the mate- recent auto recalls—the faulty General automakers, our portion of the high- rial was ordered to be printed in the Motors ignition switch and the defec- way bill also addresses the lapses at RECORD, as follows: tive airbag inflators from Takata—are NHTSA identified in the inspector gen- COMMERCE COMMITTEE PROVISIONS IN FIVE- responsible for numerous unnecessary eral’s report. While the conference re- YEAR SURFACE TRANSPORTATION BILL deaths and injuries—at least 8 reported port does increase funding for NHTSA’s Below is an extended summary of key pro- deaths in the case of Takata and more visions in the Senate Commerce, Science, Office of Defects Investigation, that and Transportation Committee’s titles in the than 100 deaths in the case of General will only happen contingent on the five-year surface transportation bill: Motors. Indications point to the agency’s implementation of reforms IMPROVED PROJECT DELIVERY AND DEPART- Takata recalls as being among the called for by the inspector general, en- MENT OF TRANSPORTATION (DOT) MANAGE- largest and most complex set of auto- suring that this agency will be in a bet- MENT related recalls in our Nation’s history, ter position to address vehicle safety Project Streamlining—Provides additional with more than 30 million cars af- problems in the future. authority to streamline project delivery and fected. Combating impaired driving is also a consolidate burdensome permitting regula- Given the seriousness of these re- priority. I am pleased to announce that tions (similar to the administration’s GROW calls, when it came time to draft the the conference report creates a grant AMERICA proposal). highway bill, one of our priorities at for States that provide 24/7 sobriety IMPROVING HIGHWAY SAFETY the Commerce Committee was address- programs. I have been a long-time Keeps Drug Users Off the Roads—Allows for ing auto safety issues and promoting champion of these programs, which more effective drug testing for commercial greater consumer awareness and cor- have been very effective in States, like truck drivers. Also increases federal coopera- tion with state efforts to combat drug im- porate responsibility. my home State of South Dakota, where paired driving and directs a study on the fea- The conference report includes our it originated. sibility of an impairment standard for driv- committee’s work to triple the civil This provision is intended to allow ing under the influence of marijuana. penalties that the National Highway States to certify the general practice Prohibits Rental of Vehicles Under Recall— Traffic Safety Administration can im- on minimum penalties which can meet Prohibits covered rental companies from pose on automakers for a series of re- the definition under the repeat offender renting or selling an unrepaired vehicle lated safety violations—from a cap of law, and we expect that NHTSA should under recall. Based upon the Raechel and $35 million to a cap of $105 million— Jacqueline Houck Safe Rental Car Act of reasonably defer to a State’s analysis 2015 (S. 1173). which should provide a much stronger underpinning such a certification. Incentivizes Crash Avoidance Technology— deterrent against auto safety viola- Another significant portion of the Adds that crash avoidance information be in- tions like those that occurred in the final conference report is made up of a dicated on new car stickers to inform vehicle case of the faulty ignition switches at bipartisan rail safety bill put together purchasing decisions and foster competition General Motors. by the Republican junior Senator from in the marketplace. I am also pleased that the conference Mississippi and the Democrat junior Tire Pressure Monitoring—Requires the Na- report includes the Motor Vehicle tional Highway Traffic Safety Administra- Senator from New Jersey that we tion (NHTSA) to update the rule governing Whistleblower Safety Act, which I in- merged in conference with the pas- tire pressure monitoring technologies; modi- troduced with Ranking Member NEL- senger rail bill that the House passed fied in conference to avoid unintended con- SON and others to incentivize auto earlier this year. sequences and clarify that the rule should companies to adopt internal reporting The resulting passenger rail title in- not be technology specific. systems and establish a system to re- cludes a 5-year reauthorization of Am- Improves Information on Safety of Child Re- ward employees who ‘‘blow the whis- trak that includes a host of safety pro- straint Systems—Improves crash data collec- tle’’ when manufacturers sit on impor- visions that our committee adopted tion to include child restraint systems. tant safety information. The con- following the tragic train derailment IMPROVES VEHICLE RECALL NOTIFICATION ference report also improves notifica- in Philadelphia. I know a number of Improves Consumer Awareness of Recalls— Requires NHTSA to improve the safercar.gov tion methods to ensure that consumers my colleagues are very pleased with website and the consumer complaint filing are made aware of open recalls. various provisions that will strengthen process. Provides a study on the techno- The new notification requirements our Nation’s rail infrastructure and logical feasibility of direct vehicle notifica- include a provision incentivizing deal- smooth the way for the implementa- tion of recalls. Also requires manufacturers ers to inform consumers of open recalls tion of new safety technologies. to identify and include applicable part num- when they bring in their cars for rou- Our transportation infrastructure bers when notifying NHTSA of safety de- tine maintenance, as well as a grant keeps our economy—and our Nation— fects, making this information publicly program to allow States to notify con- going. Our Nation’s farmers depend on available. Incentivizes Dealers to Notify Consumers of sumers of recalls when they register our rail system to move their crops to Open Recalls—Incentivizes auto dealers to in- their vehicles. market. Manufacturers rely on our form consumers of open recalls at service ap- Our committee also worked with the Interstate Highway System to dis- pointments. House Energy and Commerce Com- tribute their goods to stores across the Creates Program for States to Notify Con- mittee during the conference process to United States. sumers of Recalls—Creates a state pilot grant incorporate a modified provision from And all of us depend on our Nation’s to inform consumers of open recalls at the my Democrat colleague, the senior time of vehicle registration. roads and bridges to get around every Improves Tire Recall Efforts—Increases the Senator from Missouri, which will pre- day. time tire owners and purchasers have to seek vent rental car companies from renting For too long, transportation has been a remedy for tire recalls at no cost to con- unrepaired cars that are subject to a the subject of short-term legislation sumers. Creates a publicly available data- recall. that leaves those responsible for build- base of tire recall information. Also includes

VerDate Sep 11 2014 06:51 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.085 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8360 CONGRESSIONAL RECORD — SENATE December 3, 2015 a provision adopted in conference to direct tion, requires an annual agenda, clarifies the cap for inflation every five years going for- NHTSA to study the feasibility of requiring limits of agency guidelines, and directs IG ward. electronic identification on tires in order to and Government Accountability Office GAO Cameras on Passenger Trains—Requires all facilitate registration and ease the burden audits of NHTSA’s management of vehicle passenger railroads to install inward-facing on small businesses. safety recalls, public awareness of recall in- cameras to better monitor train crews and assist in accident investigations, and out- FREIGHT formation, and NHTSA’s research efforts. ward-facing cameras to better monitor track CONSUMER PRIVACY Develops a National Freight Strategy and conditions, fulfilling a long-standing rec- Strategic Plan—Sets goals to enhance U.S. Driver Privacy—Makes clear that the owner ommendation from the National Transpor- economic competitiveness by improving of a vehicle is the owner of any information tation Safety Board. freight transportation networks that serve collected by an event data recorder. Based on Thermal Blankets on Tank Cars Carrying our agriculture, retail, manufacturing, and the bipartisan Driver Privacy Act, which the Flammable Liquids—Closes a potential loop- energy sectors. Focuses freight planning ef- Committee approved in March (S. 766). hole in Department of Transportation regu- forts in the Office of the Secretary with the TRUCKING REFORMS & IMPROVEMENTS lations and reduces the risk of thermal tears, Undersecretary for Policy to provide CSA Reform—Addresses shortcomings in which is when a pool fire causes a tank car multimodal coordination. the Compliance, Safety, and Accountability to rupture and potentially result in greater Requires Additional Freight Data—Estab- damage. (CSA) program following concerns raised by lishes a working group and an annual report- Real-Time Emergency Response Information— the DOT IG, the GAO, and a DOT internal re- ing requirement to collect additional freight Improves emergency response by requiring view team about the reliance on flawed anal- data to help improve the movement of railroads to provide accurate, real-time, and ysis in the scores used to evaluate freight freight throughout the country. electronic train consist information (e.g., Improves Freight Planning—Improves companies, while maintaining public infor- the location of hazardous materials on a freight planning efforts to ensure that mation on enforcement data and consumer train) to first responders on the scene of an freight planning is multimodal and addresses information on the scores of intercity buses. accident. the links between highways, railroads, ports, Beyond Compliance—Establishes new incen- Grade Crossing Safety—Increases safety at airports, and pipelines. tives for trucking companies to adopt inno- highway-rail crossings by requiring action vative safety technology and practices. plans to improve engineering, education, and FLEXIBILITY FOR STATES Commercial Driver Opportunities for Vet- enforcement, evaluating the use of loco- Federal Motor Carrier Safety Administration erans—Establishes a pilot program to address motive horns and quiet zones, and examining (FMCSA) Grant Consolidation—Consolidates the driver shortage by allowing qualified methods to address blocked crossings. state trucking enforcement grants to provide current or former members of the armed Passenger Rail Safety—Enhances passenger additional flexibility to states to administer forces, who are between 18 and 21 years old, rail safety by requiring speed limit action enforcement programs. to operate a commercial motor vehicle in plans, redundant signal protection, alerters, NHTSA Grant Flexibility—Increases empha- interstate commerce. Currently, 48 states and other measures to reduce the risk of sis on ‘‘Section 402’’ highway safety grants allow 18–21 year olds to drive intrastate on overspeed derailments and worker fatalities. to address each state’s unique highway safe- county, state, and Interstate highways. Mr. THUNE. Mr. President, I would ty challenges. Also increases opportunities RAIL for states to obtain grants for implementing also like to conclude by underscoring graduated drivers licensing, distracted driv- Passenger Rail Reform—Reauthorizes Am- my appreciation regarding the collabo- ing laws and impaired driving. Creates a new trak services through 2020, empowers states, rative work with my friend from Flor- non-motorized grant to create programs to improves planning, and better leverages pri- ida, Senator BILL NELSON, ranking enhance safety for pedestrians and vate sector resources. It also creates a work- member of the Commerce, Science, and bicyclists. ing group and rail restoration program to ex- Transportation Committee, and his plore options for resuming service discon- REGULATORY REFORM & TRANSPARENCY tinued after Hurricane Katrina. Many of Committee staff. Petitions—Requires FMCSA to respond to these provisions are based on the bipartisan I would also like to thank the fol- stakeholder petitions for review of regula- Railroad Reform, Enhancement, and Effi- lowing Senate colleagues and staff: tions or new rulemakings. ciency Act (S. 1626), which passed the Com- Leader MCCONNELL; Senator INHOFE; Transparency—Requires FMCSA to main- merce Committee by voice vote in June. Senator BOXER; Senator HATCH; Sen- tain updated records relating to regulatory Railroad Loan Financing Reform—Reforms ator CORNYN; Senator FISCHER, who guidance, and provides for regular review to the existing $35 billion Railroad Rehabilita- chairs the Surface Transportation sub- ensure consistency and enforceability. tion and Improvement Financing Program to committee and who also served on the NHTSA OVERSIGHT & VEHICLE SAFETY increase transparency and flexibility, expand conference committee; Neil Chatterjee, ENFORCEMENT access for limited option freight rail ship- Hazen Marshall, Scott Raab, Sharon Vehicle Safety Enforcement—Triples pen- pers, and provide tools to reduce taxpayer alties for auto safety violations per incident risks. Soderstrom, and Jonathan Burks in and triples the overall penalty cap to $105 Rail Infrastructure Improvements—Improves Leader MCCONNELL’s office for helping million, provided that NHTSA conducts a rail infrastructure and safety by consoli- to guide this bill through the Senate previously-required rulemaking on penalty dating rail grant programs, cutting red tape and ultimately through conference assessment factors. and dedicating resources for best use. It also with the House; Dave Schwietert; Nick Whistleblower Incentives—Incentivizes auto establishes a Federal-State partnership to Rossi; Rebecca Seidel; Adrian Arnakis; employees to come forward with information bring passenger rail assets into a state of Allison Cullen; Patrick Fuchs; Cheri about safety violations by authorizing the good repair. Pascoe; Peter Feldman; Katherine Expedites Rail Projects—Accelerates the de- Secretary to award a percentage of certain White; Robert Donnell; Andrew Timm; collected sanctions to whistleblowers. Based livery of rail projects by significantly re- upon the bipartisan Motor Vehicle Safety forming environmental and historic preser- Ross Dietrich; Jessica McBride; Paul Whistleblower Act, which passed the Senate vation review processes, applying existing Poteet; Jane Lucas; Frederick Hill; and by voice vote in April (S. 304). exemptions already used for highways to Lauren Hammond. Increases Funding for Vehicle Safety—Fol- make critical rail investments go further. Mr. LEAHY. Mr. President, lowing the record number of auto recalls in Dedicated Funding for Positive Train Control Vermonters take great pride in our his- 2014, the bill authorizes additional funding (PTC)—Establishes a new limited authoriza- toric downtowns and small commu- increases to GROW AMERICA levels for ve- tion with guaranteed funding for the Sec- nities. In our cities and towns, we have hicle safety efforts, but only if the DOT Sec- retary of Transportation to provide com- a culture of getting things done—and retary certifies that certain reforms have muter railroads and States with grants and/ finding a way to accomplish our shared been implemented following the scathing in- or loans that can leverage approximately $2+ spector general (IG) audit of NHTSA fol- billion in financing for PTC implementation. goals. That is why, like many lowing the GM ignition switch defect. Testing of Electronically-Controlled Pneu- Vermonters, I have been frustrated Increases Corporate Responsibility—Requires matic (ECP) Brakes—Preserves the DOT’s with the back-to-back short-term rules on corporate responsibility for reports final rule requiring ECP brakes on certain patches to keep our highway trust fund to NHTSA and updates recall obligations trains by 2021 and 2023, while requiring an afloat. I have consistently advocated under bankruptcy; increases the retention independent evaluation and real-world de- for a long-term solution that will give period during which manufacturers must railment test. It requires DOT to re-evaluate States the ability to move forward maintain safety records and expands the its final rule within the next two years using with building and repairing roads, time frame for remedying defects at no cost the results of the evaluation and testing. bridges, and byways; to promote rail to consumers. Liability Cap—Increases the passenger rail Provides Increased Oversight of NHTSA—Re- liability cap to $295 million (adjusting the safety and transit and to invest in the quires DOT IG and NHTSA to provide up- current $200 million cap for inflation), ap- critical infrastructure that supports dates on progress to implement IG rec- plies the increase to the Amtrak accident in our cities and towns; to enable inter- ommendations to improve defect identifica- Philadelphia on May 12, 2015, and adjusts the state and intrastate commerce; and to

VerDate Sep 11 2014 06:51 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.068 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8361 create jobs for American workers. The transit agencies funding certainty for ity to regulate Small Business Invest- time to pass a plan for long-term trans- the next 5 years, it is not all that it ment Companies, SBICs, and allows portation funding has finally come. could or should have been. certain fund advisers with significant The FAST Act will bring stability I worked hard to retain the transit assets under management to escape Se- where, for too long, there has been un- density formula, which the House had curities and Exchange Commission, certainty. This bill ensures that tried to eliminate. If the House had SEC, registration altogether. In the Vermont will receive the funding it prevailed, the Rhode Island Public wake of the financial crisis, it remains needs, more than $1.1 billion over the Transit Authority, RIPTA, would have unclear to me why we would be so next 5 years, to allow Vermonters to lost upwards of $8.5 million of its Fed- hasty to weaken investor protections. move forward on infrastructure eral allocation each year—about one- The bill also restores a wasteful agri- projects that have been waiting in the third of its yearly Federal funding. The cultural subsidy that I have long wings. In Vermont, the construction loss of funding would have been dev- fought against and that was just cut season is short and the need is great, astating to RIPTA and to the thou- under the bipartisan budget agreement and a series of stopgap measures to sands of Rhode Islanders who rely on last month. kick the can down the road was never bus service to get to work, to the store, That leads me to a larger point con- the right answer. I am pleased there and to medical appointments. Nonethe- cerning the double standard that is will finally be the stability needed for less, the funding increase provided being applied to important legislation Vermont and all States to move for- under this part of the formula is dis- that invests in our people, our econ- ward to bolster our country’s infra- appointingly low in comparison to the omy, and our national defense on the structure. increase provided to rural and growing one side and to special interest bene- This legislation also reverses changes States, as well as to States that have fits, primarily offered under the Tax made to the Federal Crop Insurance established fixed guideway systems. Code, on the other. For years, Congress program, which was a careful balance I am also pleased that the bill ad- has tied itself in knots to develop off- first struck in the farm bill, sending a dresses some key priorities for transit sets to buy down the sequester, to re- clear message that we should not workers, including mandating new duce student loan interest rates, to thoughtlessly tamper with the farm rules to protect drivers from violent cover emergency unemployment assist- bill until its next expiration in 2018. assaults, as well as dedicating funding ance, and to pay for infrastructure in- And while I am glad that the harmful to frontline workforce training. And vestments like this surface transpor- Freedom of Information Act exemp- overall, the bill continues critical tation bill; yet without a second tions that we eliminated in the Senate worker protections, particularly under thought, deficit ‘‘hawks’’ in the major- bill remain out of this conference re- the Davis-Bacon Act. ity shrug off billions of dollars in tax port, I am concerned that a new exemp- On the highway side of the ledger, cuts and tax extenders with little re- tion was added. Nowhere is the free the bill includes a vital increase in for- gard for the cost. Both types of expend- flow of information more important mula funding that will give the Rhode itures have an impact on the debt and than when the safety of every Island Department of Transportation a deficit. We should be honest about it Vermonter and every American is at baseline from which it can begin to ad- and account for both in the same way. stake. dress the high percentage of struc- Despite these concerns, I believe that We Vermonters know that, in a de- turally deficient and functionally obso- after years of work and waiting, we mocracy, demanding 100 percent of lete bridges in the State, as well as the should adopt this bill so that transpor- what you want and refusing to nego- high percentage of roads with unac- tation agencies can move forward with tiate effective compromise is a formula ceptable pavement conditions. their plans with the confidence that for stalemate and paralysis. As a re- In addition, both the transit and Federal funding will be there. sult, Vermonters know that to actually highway titles of the bill each have Mr. BROWN. Mr. President, Amer- ica’s infrastructure was once the envy get something done, compromise is a new competitive programs, including of the world. But for decades, we must, and we have advanced the ball a the restoration of a competitive bus haven’t maintained these public works. long way down the field. This legisla- and bus facility program for transit The quality of U.S. infrastructure tion provides stability to move our in- agencies and the establishment of a now ranks just 16th in the world, ac- frastructure forward to support our grant program for nationally signifi- cording to the World Economic Forum. economy. It supports safety provisions cant freight and highway projects, The dismal state of our outdated to protect the well-being of those trav- those that typically exceed $100 mil- roads, bridges, and railways is costing eling America’s highways and rails. lion. Ohioans valuable time, money, and en- Frankly, to facilitate the thriving The bill also includes other impor- ergy. communities, commerce, and economic tant matters, including a long overdue To create jobs and keep America on growth that we want and need, we reauthorization of the Export-Import top of the global economy, Congress should be doing far more to rebuild our Bank, which has essentially been shut- must pass a long-term bill that invests crumbling infrastructure. This process tered since July due to opposition to in a world-class infrastructure. should not be reduced to ‘‘searching an extension by some on the other side The bill that the Senate will soon under sofa cushions’’—as some have de- of the aisle. consider does not contain the robust scribed it—to scrape together the budg- On the other hand, there are provi- investment that the President and et to pay for the vital roads and sions in the bill that are concerning, most experts think we need, but it does bridges that are so important to us in beginning with how it is paid for. Rath- make progress over the next 5 years. so many ways. But with this bill, we fi- er than relying on the gas tax or an- In Ohio, a quarter of our bridges are nally are providing our States and other predicable and related funding ‘‘structurally deficient’’ or ‘‘function- communities with longer lead times to source, the bill is built on a hodge- ally obsolete.’’ Forty-five percent of plan and accomplish this work on our podge of offsets like outsourcing tax our State’s major urban highways are infrastructure, and that signals at collection to private debt collectors, congested, costing our drivers $3.6 bil- least a flicker of progress. We have had which has been tried before and wound lion a year in additional repairs and enough kicking the can down the road up costing revenue rather than gener- operating costs. and generating year after year of un- ating it. It also calls for selling off por- During the negotiations on this legis- certainty. It is time to bring stability tions of the Strategic Petroleum Re- lation, I fought to include provisions and certainty back to our infrastruc- serve under the assumption that oil important to Ohio, and we have made ture and transportation. prices will increase, and it taps into progress on my State’s top priorities. Mr. REED. Mr. President, I intend to funds held by the Federal Reserve— The bill would create a new competi- support the surface transportation bill something current and former Fed offi- tive grant program to fund job-creating before us. It has been more than a dec- cials have cautioned against. projects of regional and national sig- ade since we have had a true multi- In addition, the bill has a number of nificance, like the replacement of the year transportation bill. And while this extraneous provisions, including a Brent Spence Bridge between Cin- bill gives State transportation and measure that preempts a State’s abil- cinnati and Kentucky.

VerDate Sep 11 2014 06:51 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.059 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8362 CONGRESSIONAL RECORD — SENATE December 3, 2015 Each year, 4 percent of America’s ators DONNELLY and TOOMEY intro- late economic growth. The FAST Act GDP crosses the Brent Spence, which duced. ends years of short-term congressional was built more than half a century ago. It streamlines privacy notices for fi- extensions and legislative gridlock Replacing this bridge isn’t just a top nancial institutions—a bill that Sen- that prevented our country from mak- priority for the region’s business com- ator MORAN and I introduced last Con- ing critical investments in our roads, munity—it is a safety issue for the gress and that had the support of 97 bridges, and mass transit. hundreds of thousands of cars that other senators and which Senators The bill reauthorizes Amtrak and drive over it every week. HEITKAMP and MORAN reintroduced this provides vital funding for positive train The bridge would be eligible for funds year. control technology and hazmat train- from the $800 million per year pot of The bill also allows privately insured ing programs. This 5-year reauthoriza- funding, which would grow to $1 billion credit unions to become members of tion will allow our States and commu- annually in fiscal year 2020. It is a big the Federal Home Loan Bank System, nities to finally plan for the future and win for the Brent Spence project and a proposal I introduced last Congress address long-overdue maintenance Ohio jobs. and Senators DONNELLY and PORTMAN backlogs. Additionally, the FAST Act The legislation would also boost spearheaded this Congress. takes important steps towards address- funding for Ohio’s highway and transit Since May, Senate Democrats have ing the growing problem of violence programs. been pushing for a package of modest, against our transit operators. These Nationwide, overall highway spend- bipartisan proposals like these to help hard-working men and women deserve ing would increase by 15 percent com- community banks and credit unions. a safe working environment, and I will pared to current law, and annual tran- We have resisted efforts to rollback im- continue to work with my colleagues sit spending would grow 18 percent. portant Wall Street reforms. to make sure we do everything we can By 2020, that growth will deliver The House agreed with this approach, to achieve that. more than $200 million of new highway and that is why these provisions were investment to Ohio each year. added to the Transportation bill. However, I must oppose the bill be- In addition to repairing roads, the So when you hear that we need to at- cause Republicans have used this bill will help Ohio’s many transit agen- tach ‘‘community bank regulatory re- strong bill as a vehicle to roll back cies, providing up to $20 million of new lief’’ to must-pass appropriations legis- rules that protect consumers and our funds each year. In Cleveland, Cin- lation, don’t believe it. financial system. cinnati, and Columbus, our transit sys- Relief for small banks and credit This is the third time in the last year tems carry more than 250,000 pas- unions is already in the Transportation that Republicans have used this hos- sengers every day. bill. tage-taking approach. Last December, The bill also provides up to $340 mil- Let me be clear: I will not support Republicans used the government fund- lion annually for a new competitive riders to undermine Wall Street re- ing bill as a vehicle for a provision bus program I championed. This was a forms in legislation to fund the govern- written by Citigroup lobbyists that top priority for Ohio’s transit pro- ment. would repeal a critical anti-bailout viders, and I am pleased they will have Like any bill of this significance, the rule in the Dodd-Frank Wall Street Re- a much-needed source of funding for long-term transportation measure isn’t form and Consumer Protection Act. bus replacement. perfect. I have strong concerns with Weeks later, Republicans used a broad- And as a long-time supporter of Buy the process that led to this agreement ly popular, bipartisan bill extending America, I am pleased that the legisla- and with some of the proposals used to the Terrorism Risk Insurance Act to tion would increase the amount of pay for it. jam through another provision that American-made steel and other compo- I think it was a mistake to tap Fed- weakened Dodd-Frank’s rules on risky nents that will go into buses and sub- eral resources that have nothing to do derivatives trading. And now, in the way cars. with transportation to cover the bill’s FAST Act, Republicans have handed The bill also would finally reauthor- cost. out more than a dozen goodies to finan- ize the Export-Import Bank, which is Under this bill, we are funding high- cial institutions, including a require- critical to helping Ohio companies cre- ways in part by taking money from ment that does little but bog down the ate jobs and sell their products around banks and the Federal Reserve. It is a Consumer Financial Protection Bureau the world. bad precedent. with needless paperwork and adminis- After some on the far right allowed We made real improvements to the trative tasks. the Ex-Im Bank to expire in June—for bill’s language on the use of the Fed- If Democrats continue to support the first time in the Bank’s history— eral Reserve Banks surplus fund and to bills that include these kinds of we heard stories of lost contracts, risks the rate of the dividend paid to banks rollbacks, it will simply encourage Re- to future export business, and manu- over $10 billion. But these pay-fors are publicans to use other must-pass bills facturing jobs moving out of the not a sustainable way to fund transpor- to repeal or weaken even larger por- United States to Canada and Europe. tation projects. tions of Dodd-Frank and our other fi- Instead of this shortsighted approach This is about ensuring that U.S. man- nancial rules. That is why I must op- that just delays the problem, Congress ufacturers can be competitive in a pose this bill—and why I hope the should be looking for a long-term solu- global marketplace. American people weigh in with their tion to replenish the highway trust While we argued about funding U.S. representatives against this kind of fund. infrastructure and allowed the Ex-Im cynical hostage-taking. Bank to expire, China announced that I will support this bill because it is its export-import bank will provide a the best option we have right now to Mr. INHOFE. Mr. President, I ask $78 billion credit line to China Railway keep America on top of the global unanimous consent to have printed in Corp to support its infrastructure economy and provide the investment the RECORD a joint statement by the projects at home and abroad. that Ohio needs. But I hope that Con- chair and ranking member of the House With countries like Brazil and China gress won’t lose sight of the need to Transportation and Infrastructure investing in 21st century transpor- identify long-term, robust investment Committee, Representative SHUSTER tation systems, we cannot let the U.S. in world-class infrastructure. and Representative DEFAZIO, and the fall behind. Ms. WARREN. Mr. President, Sen- chair and ranking member of the Sen- This is no way to run a global eco- ator BOXER deserves tremendous credit ate Committee on Environment and nomic power. for negotiating a long-term funding Public Works, myself and Senator In addition to renewing Ex-Im, the bill for our crumbling roads and BOXER, to clarify an issue with the Transportation bill also contains im- bridges. The Fixing America’s Surface Joint Explanatory Statement of the portant provisions for community Transportation, FAST, Act is an im- committee on conference for H.R. 22. banks and credit unions. portant turning point in addressing our There being no objection, the mate- It includes changes to the bank exam Nation’s infrastructure needs, and the rial was ordered to be printed in the cycle for small banks, a bill that Sen- bill will create quality jobs and stimu- RECORD, as follows:

VerDate Sep 11 2014 07:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.065 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8363 JOINT STATEMENT OF THE HONORABLE BILL The PRESIDING OFFICER. The Sen- Mr. President, I think it is important SHUSTER, THE HONORABLE PETER A. DEFA- ator’s time has expired. to challenge the provision in this legis- ZIO, AND THE HONORABLE JAMES INHOFE, The Senator from Oklahoma. lation. THE HONORABLE BARBARA BOXER ON THE Mr. INHOFE. Mr. President, I recog- I support the highway bill. I think JOINT EXPLANATORY STATEMENT OF THE nize the junior Senator from Arizona, the negotiators did a great job to get COMMITTEE ON CONFERENCE H.R. 22, FIXING AMERICA’S SURFACE TRANSPORTATION ACT Mr. FLAKE, for such time as he wants us a 5-year bill, but the fact is this pro- 1 December 3, 2015 to use of his 2 ⁄2 minutes. vision was not included in either the Title XLIII of the Joint Explanatory The PRESIDING OFFICER. The Sen- House transportation or the Senate Statement provides a summary of section ator from Arizona. transportation bill. It is an indefen- 43001 concerning requirements in agency Mr. FLAKE. I thank the Senator. sible reversal of the bipartisan budget rulemakings pursuant to this Act. Section Mr. President, what we are doing is bill that became law less than a month 43001 of the House amendments to H.R. 22 targeting a specific provision that was ago. It is a $3 billion giveaway to the was not agreed to in conference and does not air dropped into the highway bill. This insurance companies, and I think we appear in the conference report to accom- isn’t an attack on the highway bill. It need to challenge this kind of move pany H.R. 22. The summary of section 43001 is an attack on a provision that in- when it gets dropped into a bill. in the Joint Explanatory statement there- creases crop subsidies $3 billion over fore appears in error. Accordingly, title Mr. INHOFE. Mr. President, I would XLIII of the Joint Explanatory Statement what is in the budget deal. ask the Chair the time remaining for has no effect. We are often accused in this body of the proponents and opponents? The PRESIDING OFFICER. The Sen- reversing cuts that we make before the The PRESIDING OFFICER. The Sen- ator from Arizona. ink is dry. In this case, we actually ator from Arizona has 1 minute re- Mr. FLAKE. Mr. President, I raise a made a deal to reverse the cuts before maining, and the Senator from Okla- point of order under rule XXVIII that the ink was even put to paper. homa has 15 seconds. section 32205 exceeds the scope of con- Now, if we are ever going to get seri- The Senator from Arizona. ference for the conference report to ac- ous about controlling our deficit and Mr. FLAKE. Mr. President, I wish to company H.R. 22. addressing our debt, then we actually end by saying this is not an attack on The PRESIDING OFFICER. The Sen- have to stick to some of the cuts that the highway bill. It has its own issues, ator from Oklahoma. we have made. That is what this point but this provision simply attacks the Mr. INHOFE. Mr. President, I move of order is all about. subsidy—the $3 billion subsidy—that to waive the point of order raised under I urge support of it. was added back in after we had agreed rule XXVIII that section 32205 of the The PRESIDING OFFICER. The Sen- in a bipartisan way to these cuts. We conference report to accompany H.R. 22 ator from Oklahoma. cannot continue to go back on the cuts exceeds the scope of conference. Mr. INHOFE. Mr. President, I recog- that we have made. In this case we The PRESIDING OFFICER. The nize the Senator from Michigan, Sen- didn’t even wait 1 month or 2 months. waiver is debatable. ator STABENOW, for 15 seconds. The agreement was made on this floor The Senator from California. The PRESIDING OFFICER. The Sen- before the bill was even passed. We Mrs. BOXER. Mr. President, if I ator from Michigan. have to get away from that kind of could just be heard for 30 seconds or Ms. STABENOW. Mr. President, I practice. less. Please, please don’t alter this, be- rise to support the transportation bill So I urge support for this point of cause if this passes and we don’t waive and crop insurance. We made a deal order, and I yield back. the point of order, this bill is gone. The with farmers when we gave up direct The PRESIDING OFFICER. The Sen- House bill didn’t even have an exten- subsidies that, instead, we would ask ator from Oklahoma. sion. So if this bill goes down, we have them to have skin in the game and to Mr. INHOFE. Mr. President, let me no highway system. have crop insurance to manage their make sure everyone understands what Please vote with Senator INHOFE and risk. we are doing here. The budget act of myself. It is urgent. They have a 5-year bill that gives 2015 had major cuts in the Federal Crop The PRESIDING OFFICER. The Sen- them certainty. We should not pull the Insurance Program. Some of those ator from Oklahoma. rug out from under them at this time. were restored in the highway bill. Now, Mr. INHOFE. Mr. President, both The PRESIDING OFFICER. The Sen- if the highway bill is changed—if this sides have agreed to have 5 minutes ator’s time has expired. should pass—it has to go back to the equally divided. Mr. INHOFE. Mr. President, I recog- House, which means we could not have How much time did the Senator from nize the Senator from Kansas, Mr. it this year. In other words, the issue California take? MORAN, for 30 seconds. here is not how you feel about crop in- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- surance; it is whether or not you want ator from California used 30 seconds. ator from Kansas. this bill. Mr. INHOFE. Mr. President, I recog- Mr. MORAN. Mr. President, I rise in I would suggest to the 65 Members nize Senator ROBERTS for 45 seconds. opposition to the point of order and who are here today and who voted for The Senator from Kansas. ask my colleagues to support the crop the bill that it would be very difficult Mr. ROBERTS. Mr. President, I rise insurance program. In Kansas the to explain how you could vote for the to address the point of order raised weather is not always our friend. The bill and then turn around and vote for against the highway bill. most important farm program that the very order against it that would Among the many provisions of the farmers benefit from is the crop insur- kill the bill for this year in 2015. bill, the legislation realizes a commit- ance program. The PRESIDING OFFICER. The Sen- ment made by House and Senate lead- We have eliminated other farm pro- ator’s time has expired. ership to restore egregious, harmful, grams over a long period of time in the Mrs. BOXER. I ask for the yeas and counterproductive, contract-breaking name of reform but have replaced them nays. cuts to the Federal Crop Insurance by crop insurance. Now crop insurance The PRESIDING OFFICER. Is there a Program. The commitment we reached becomes the target. sufficient second? with the House was to reverse these I yield. There appears to be a sufficient sec- damaging cuts and policy changes in The PRESIDING OFFICER. The Sen- ond. order to protect our producers. That is ator from Oklahoma. Is all time yielded back? their No. 1 priority for risk manage- Mr. INHOFE. Mr. President, I recog- Mr. GRASSLEY. Yes. ment. nize the Senator from New Hampshire, The PRESIDING OFFICER. The The message from farm country Mrs. SHAHEEN, for such time as she question is on agreeing to the motion. couldn’t be more clear: Do not target needs to use for her side. The clerk will call the roll. crop insurance. The point of order The PRESIDING OFFICER. The Sen- The bill clerk called the roll. would not only strip out much of the ator from New Hampshire. Mr. DURBIN. I announce that the needed crop insurance fix, but it could Mrs. SHAHEEN. Thank you, Senator Senator from Vermont (Mr. SANDERS) also prevent the timely passage. INHOFE. I will be brief. is necessarily absent.

VerDate Sep 11 2014 07:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.072 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8364 CONGRESSIONAL RECORD — SENATE December 3, 2015 The PRESIDING OFFICER. Are there Feinstein Klobuchar Roberts exactly bought in on it either. In the any other Senators in the Chamber de- Fischer Leahy Rounds meantime, our good friends in the Franken Manchin Schatz siring to vote? Gardner Markey Schumer House on my side of the aisle were call- The yeas and nays resulted—yeas 77, Gillibrand McCain Sessions ing it the Boxer bill, which of course nays 22, as follows: Graham McCaskill Shaheen was really great for me to hear. Grassley McConnell Stabenow [Rollcall Vote No. 330 Leg.] We had all kinds of tripwires on the Hatch Menendez Sullivan Heinrich Merkley path to getting what we thought was YEAS—77 Tester Heitkamp Mikulski Thune important for the country, which was a Alexander Feinstein Murkowski Heller Moran Tillis multiyear highway bill, which—I be- Baldwin Fischer Murphy Hirono Murkowski Barrasso Franken Murray Hoeven Murphy Toomey lieve I am correct, Senator BOXER—we Bennet Gardner Nelson Inhofe Murray Udall haven’t done since 1998. Blumenthal Graham Paul Isakson Nelson Vitter Mrs. BOXER. Actually, 10 years. Blunt Grassley Warner Peters Johnson Peters I am told it was 17 years since we had Boozman Hatch Portman Kaine Portman Whitehouse Boxer Heinrich Risch King Reed Wicker a bill of this size. Brown Heitkamp Roberts Kirk Reid Wyden Mr. MCCONNELL. It has been 17 Burr Heller Rounds years since we had a bill of this dura- Cantwell Hirono NAYS—16 Rubio Capito Hoeven tion, which we all thought was impor- Sasse Carper Lankford Sasse Cardin Inhofe Schatz Corker Lee Scott tant for the States and localities, for Casey Isakson Scott Cotton Paul Shelby people who build and repair the roads Cassidy Johnson Crapo Perdue Warren Coats Kaine Shelby to have some certainty. In the end, Stabenow Cruz Risch Cochran King Flake Rubio there wasn’t really a philosophical Collins Kirk Sullivan problem here. The question was, How Cornyn Klobuchar Tester NOT VOTING—1 Thune can we pull together these disparate Cotton Lankford Sanders Crapo Leahy Tillis pieces into one mosaic that actually Cruz Markey Udall The PRESIDING OFFICER. The 60- had a chance to get somewhere? Daines McConnell Vitter vote threshold having been achieved, I want to say to Senator BOXER, in Donnelly Merkley Whitehouse the conference report to accompany Enzi Mikulski Wicker particular, that this has been one of Ernst Moran Wyden H.R. 22 is agreed to. the most exhilarating and satisfying The majority leader. experiences I have had in the time that NAYS—22 Mr. MCCONNELL. Mr. President, I I have been in the Senate. I never Ayotte Lee Schumer wish to take a few moments to con- would have predicted 20-some-odd Booker Manchin Sessions Carper McCain Shaheen gratulate the chairman of our environ- years ago that I would be having it Coons McCaskill Toomey ment committee, Senator INHOFE, and with BARBARA BOXER. But this shows, Corker Menendez Warner his ranking member, Senator BOXER, in my opinion—I know Senator INHOFE Durbin Perdue Warren for an extraordinary job. This has been Flake Reed agrees—the Senate is at its best when Gillibrand Reid a fascinating experience, particularly people can identify common interests for Senator BOXER and me. To say that NOT VOTING—1 and work together to get a positive re- our relationship got off to a rather sult for the country. Sanders rocky start is to put it mildly. We I want to say to both of these great The PRESIDING OFFICER. On this found ourselves 20-some odd years ago colleagues how much I appreciate their vote, the yeas are 77, the nays are 22. on the opposite side of a very conten- extraordinary work, particularly Sen- Three-fifths of the Senators duly cho- tious issue with a lot of—shall I say— ator BOXER because we were such oppo- sen and sworn having voted in the af- rather feisty exchanges on the floor of sites in almost every way. What actual firmative, the motion is agreed to. the Senate. It is also pretty obvious fun it was to get to know her better The question occurs on the adoption that we are not exactly philosophical and to work on this together. She has of the conference report to accompany soulmates. But I had heard Senator a year left. Maybe we can find some- H.R. 22. INHOFE say over the years how much he thing else. Congratulations to both of Mr. WHITEHOUSE. I ask for the yeas had enjoyed working with Senator you on an extraordinary accomplish- and nays. BOXER and that there were actually ment for the American people. The PRESIDING OFFICER. Is there a things they agreed upon. Mr. INHOFE. That is great, Mr. sufficient second? I made a mental note of that and Leader. There appears to be a sufficient sec- wondered whether there might be some The PRESIDING OFFICER. The Sen- ond. opportunity at some point down the ator from Oklahoma. The Senator from California. way to team up with Senator BOXER. Mr. INHOFE. We have a lot of re- Mrs. BOXER. Thank you, everybody. That finally happened this year. As quests for speakers to be heard. I am I love everyone tonight. We are going Senator INHOFE and Senator BOXER going to put myself at the end of the to have a great vote. But go. Go. would certainly underscore, we had line so that everyone else can get in The PRESIDING OFFICER. The challenges. We had the complexity on there first. The order is going to be clerk will call the roll. our side of the Ex-Im Bank issue, Senator BOXER, and I understand she The legislative clerk called the roll. which created some serious internal might want to share a little time with Mr. DURBIN. I announce that the Republican problems. We had a flirta- the Senator from Florida. Then Sen- Senator from Vermont (Mr. SANDERS) tion among some Members on the other ator LEE from Utah, Senator ENZI after is necessarily absent. side that we could shoehorn a major that, and then whoever else wants to The PRESIDING OFFICER. Are there territorial tax bill into this bill. Sen- talk. If nobody else wants to talk, then any other Senators in the Chamber de- ator BOXER and I were skeptical about I will wind it up. siring to vote? that from the beginning because it is Before I turn it over to Senator The result was announced—yeas 83, an article of faith on our side that tax BOXER, I am going to tell a story be- nays 16, as follows: reform is not for the purpose of taking cause I want to make sure that Sen- the money and spending it, but of tak- ator SULLIVAN doesn’t have to wait for [Rollcall Vote No. 331 Leg.] ing the money and buying down the 2 hours to hear it. Ten years ago, in YEAS—83 rates. 2005, we had the last bill of this nature. Alexander Boxer Cochran We had all kinds of odd potential al- It was a bill that we passed. I was an Ayotte Brown Collins Baldwin Burr Coons lowances that led to the floor debate author of it, and I was very proud. That Barrasso Cantwell Cornyn last summer, for which we had an ad- was 10 years ago. That was the last Bennet Capito Daines ministration that was less than enthu- time we did a bill like this. I remember Blumenthal Cardin Donnelly siastic with what Senator BOXER and standing here, as I am standing today. Blunt Casey Durbin Booker Cassidy Enzi Senator INHOFE and I were trying to do. The chairman of that committee want- Boozman Coats Ernst Senate Democratic leadership hadn’t ed to talk about what a great bill that

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.070 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8365 was—the Transportation reauthoriza- who don’t like it. Many people on my graphs, but first, my commendations tion bill—and all of a sudden the side said we should look at the gas tax. to the leadership that has already been alarms went off. They said: The bombs I looked at the gas tax. I agreed with mentioned by the esteemed majority are coming. Everybody run. Evacuate, the chamber of commerce on the gas leader; my commendations to my col- evacuate. tax, but I am only one of six people league, our chairman on the commerce I wasn’t through talking. I talked for here who probably voted for it. committee, Senator THUNE, who has about 15 minutes. It is very eerie when When you come up against these bar- been a pleasure to work with; and my you are standing here and are the only riers, you need to be very creative. The thanks to the staff, including Kim one in the U.S. Capitol making a international tax reform—Leader Lipsky, the staff director for our mi- speech with the TV going but no other MCCONNELL was never going to allow nority staff on the commerce com- people are around. I made my speech. that. I got that message. I still encour- mittee. Afterward I started going down, and I aged my colleagues on both sides of the I want to echo what you have said. saw a great big guy walking down the aisle to work on it, but it didn’t work Because of this bill, we are going to steps very slowly. I went up to Ted out. What are we going to do? Just fold provide States and communities with Kennedy. I said: Ted, you better get up our tent and say the general fund is over $300 billion over 5 years to repair out of here; this place is going to blow going to pay for this? We don’t have the roads and bridges of this country up. enough in the general fund. We have and greatly improve rail and port He said: Well, these old legs don’t deficits. We all know that. projects, and as a result, we are going work like they used to. What I want to say is that with 60,000 to create jobs. In my State of Florida, I said: Let me help you. bridges in disrepair—falling down, this translates to $12 million that can I put my arm around his waist. Some structurally deficient—and 50 percent be used for improvements on Interstate guy had a camera. The front page of of our roads in disrepair, we have a lot 95, Interstate 75, and projects, such as the cover of that magazine said: Who of work to do. This gives our States the SunRail, Tri-rail, and the streetcars in says that conservatives are not com- certainty. Fort Lauderdale. This is just a small passionate? The relationships that developed be- example, and I am so grateful to every- That is my story. We will go on to tween the staffs—I am going to with- one. I thank everyone very much. Senator BOXER. hold my comments on that until later. I yield the floor. The PRESIDING OFFICER. The ma- When everybody finishes, I am going to The PRESIDING OFFICER. The Sen- jority leader. be here because I am going to mention ator from Oklahoma. Mr. MCCONNELL. Mr. President, I every single name on both sides. I can’t Mr. INHOFE. Mr. President, we will completely neglected to mention an ex- thank you enough. They didn’t sleep go forward with the previous agree- traordinarily important player in all of during the Thanksgiving break. They ment and hear from the Senator from this, and that is Neil Chatterjee of my worked constantly. Utah, Mr. LEE, followed by Senator staff, who befriended Senator BOXER Let’s face it, this bill was the ‘‘Perils ENZI from Wyoming. and Bettina before I realized that there of Pauline.’’ Even last night my senior The PRESIDING OFFICER. The Sen- might be a possibility that we could do leader asked me to do something I ator from Utah. Mr. LEE. Mr. President, I rise in op- something together. Neil has done an could never do in a million years on position to the highway spending bill extraordinary job. I think I can safely this bill. I must have turned so pale before us today—and not just the failed say he enjoyed the confidence of both that I almost fainted. Bettina almost substance of the legislation. I rise to sides and allowed us to work together had a heart attack on the spot because oppose the bill’s irresponsible and in a positive and constructive way. I we thought that maybe we would not unsustainable funding mechanisms and want to thank Neil Chatterjee for the have this bill. But he knows me well the cynical process that produced it. great job that he did as well. enough to know what I can do, and We are told this bill fully funds Fed- Mr. INHOFE. We certainly agree with that makes for a great working rela- eral highway spending for the next 5 that. tionship. years and that it won’t add a single Senator BOXER. I will talk about the details of the Mrs. BOXER. I am hardly ever at a dime to the Federal deficit. The math bill later. Basically, it is a 5-year bill. may add up on paper, but does anyone loss for words, as you all know. I was Over the period, it is a 20-percent in- so touched tonight. A terrible tragedy really think the pay-fors in this bill crease, which is huge for our States. It are honest, responsible ways to fund a happened in my State yesterday. You is roads. It is transit. There are new all know about the emotions of that government program? programs, freight programs that Sen- Let’s look at a few examples. Of the and then the emotions of this. I am ator INHOFE and MARIA CANTWELL $70 billion this bill uses to bailout the going to set aside the emotions of the worked on. Ex-Im is in there. I know it highway trust fund over the next 5 tragedy and talk to my friends here. is controversial for some, but for our years, more than $50 billion comes What we did was the impossible small businesses it is great. from an accounting gimmick that dream. It was, in many ways, a very I predict that this bill is going to steals money from the rest of the long and winding road to get to this give the economy a real boost—I really Treasury’s general fund. night. People worked together who mean it—because of the certainty it is Here is how the shell game works. never thought they would find that bringing and because of the fact that Normally, the Federal Reserve sends common ground. We found it. The rea- millions of jobs will be created. That the profits from its portfolio assets di- son we found it is we were willing to always boosts us. It helps with our rectly to the U.S. Treasury. These sur- set aside the misperceptions I think we deficits. plus profits are actually one of the had on so many fronts and recognized I will yield the remainder of my major reasons our Federal budget defi- that our people needed this badly. time—just 2 minutes—to Senator NEL- cits have fallen in recent years below As I often say, if you want to buy a SON, with the deepest thanks to Sen- where they were a short time ago. house and you go to the bank and the ator MCCONNELL; Senator INHOFE; Sen- However, this bill would siphon off that bank says ‘‘Oh, you have great credit, ator THUNE; Senator NELSON, who is money and redirect it into the highway but I can only give you a mortgage for just a hero; Senator BROWN; all of the trust fund. 6 months,’’ you are not going to buy members of the conference committee Just today, Federal Reserve Chair the house. You are not going to build a who signed the conference report. Janet Yellen testified before the Joint major road if you are worried about the I yield this time to Senator NELSON, Economic Committee, where she com- funding. What we have done is extraor- and then we will go back to Senator mented on this particular provision— dinary. For the first time in 17 years, INHOFE. on this particular aspect of this bill. we have a long bill. We have a bill that The PRESIDING OFFICER. The Sen- She said: lasts 5 years. ator from Florida. This concerns me, I think financing federal I have to say—and I did not think of Mr. NELSON. Mr. President, I thank fiscal spending by tapping resources at the it—I think the pay-for was brilliant, the Senator for yielding, Mr. President. Federal Reserve sets bad precedent and im- the major pay-for. There are others I am going to say two short para- pinges on the independence of the central

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.092 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8366 CONGRESSIONAL RECORD — SENATE December 3, 2015 bank; it weakens fiscal discipline, and I come by creating a new ethics bureauc- yet—one where States get to keep their would point out that repurposing the Federal racy or that hiring a new risk manage- transportation dollars and decide how Reserve’s capital surplus doesn’t actually ment bureaucrat is a suitable replace- and on what they will spend those dol- create any new money for the federal govern- ment for market discipline or that giv- lars, free from interference by Federal ment. ing another multimillion-dollar con- regulators. That is not the only funding gim- tract to a well-connected accounting We can have honest disagreements mick found in this legislation. It also firm will somehow substitute for real, from policy, and I know there is more purports to raise $6.2 billion in revenue actual political accountability. work to do in making the case for con- for transportation and infrastructure None of these bogus reforms will servative transportation reform, but projects by selling oil from the Stra- make an ounce of difference. None of what I refuse to accept is the toxic tegic Petroleum Reserve. them will change the essential purpose process that produced this bill—the Let’s leave aside for a second that of the Export-Import Bank, which is to backroom deals, the about-face on crop the Strategic Petroleum Reserve was use taxpayer money to subsidize subsidies, and the Export-Import Bank. never intended to be a piggy bank for wealthy, politically connected busi- The American people deserve better congressional appropriators. What nesses. than this, and I won’t stop fighting to makes this pay-for particularly objec- Finally, it must be stressed that this ensure that we do better than this in tionable is that its authors assume bill does nothing to fix our fundamen- the future. they can get $93 for a barrel of oil when tally broken highway financing sys- I thank the Presiding Officer. it is currently selling for less than $40 tem. After this legislation is enacted, The PRESIDING OFFICER. The Sen- per barrel. Only in Washington could the highway trust fund will spend more ator from Wyoming. we come to love a provision like this. money than the Federal gasoline tax Mr. ENZI. Mr. President, I thank the Only in Washington could we come to brings in. And after this series of fraud- Senator from Oklahoma for letting me accept a provision like this as somehow ulent pay-fors are exhausted in just 5 interrupt at this time. We passed a bill acceptable. If we are going to start years, we will be right back to where earlier, and normally I would have spo- selling Federal assets at fantasy we have been for the last decade, and ken after final passage, but I didn’t prices—prices that do not exist and that is trying to find enough money for want to hold people up who had trans- will not exist in any universe for the another bailout without attracting too portation plans, so I reserved my com- foreseeable future—there is absolutely much attention from the American ments until later. I appreciate this op- no limit whatsoever to the number of people. portunity to speak at this time. things that we can pretend to pay for. Let’s not forget that the States are I congratulate the Senator from But that is what we will be doing—pre- big losers under the status quo system Oklahoma and the Senator from Cali- tending to pay. too—under the current system that we fornia for the significant highway bill As bad as this bill’s funding schemes have. Federal bureaucrats divert at they passed tonight. I know there was are, the cynical process used to secure least 25 percent of State gasoline dol- a lot of work that went into that and a votes in its favor might well be far lars to nonhighway projects, including lot of good things will come out of it. more troubling. For instance, this bill mass transit, bike paths, and other It will make a difference for the econ- adds back $3.5 billion in crop subsidy boondoggles such as vegetation man- omy in the United States. spending that we just cut last month in agement, whatever that is. As chairman of the Budget Com- the budget deal. Mr. INHOFE. Will the Senator yield? mittee, I know if we can get the pri- Is this really how we do business in I have a favor to ask. I will give the vate sector to increase by just 1 per- the Senate? We reduce spending one Senator from Utah all the time in the cent, we bring in $400 billion more in month in order to appear fiscally re- world, but he originally asked to speak revenue without raising taxes, and sponsible only to reverse course the for 5 minutes. I plan to respond to the raising the economy by 1 percent in the very next month when we think no one issues he is talking about, which I private sector is significant. is looking? You don’t need to oppose don’t happen to agree with, but I won- f crop subsidies to see the dishonesty der if the Senator from Utah will allow RESTORING AMERICANS’ and cynicism of this particular maneu- his colleagues to speak in the order we HEALTHCARE FREEDOM REC- ver. agreed to and then come back and ONCILIATION BILL Even worse, this bill would never allow the Senator from Utah to finish have had a chance of passing the Sen- his remarks. Mr. ENZI. Mr. President, today we ate were it not for a deal to include the I ask the Senator through the Chair also passed the most comprehensive renewal of the Export-Import Bank as if that will work? and far-reaching repeal of ObamaCare part of this legislation. I have spoken Mr. LEE. Mr. President, I have less that is possible under the reconcili- out against the Export-Import Bank than a page of my remarks that I pre- ation rules. We expect the House to many times before, so there is little pared left. pass this version shortly and soon this need to revisit the mountain of evi- I ask unanimous consent for permis- repeal will head to the President’s desk dence proving that it is one of the most sion to have an additional 2 minutes to for the first time in his tenure. egregious, indefensible cases of crony complete my remarks. Our bill will eliminate more than $1.2 capitalism in Washington, DC. But it is The PRESIDING OFFICER. Is there trillion in ObamaCare tax hikes and worth highlighting some of the so- objection? save nearly $400 billion over 10 years. called reforms that Ex-Im supporters Without objection, it is so ordered. Lifting the burdens this law has placed included in the bill. Mr. LEE. As I was saying, Federal on hard-working families will help First, there is the new Office of Eth- bureaucrats divert at least 25 percent move the Nation forward from ics created within the Export-Import of State gas tax dollars to nonhighway ObamaCare’s broken promises to better Bank. Presumably, this is supposed to projects, including mass transit, bike access to patient-centered health care help the Bank’s management reduce paths, and other boondoggles such as for each and every American. the rate at which Ex-Im employees and vegetation management. Federal As I noted earlier, our Nation has beneficiaries are indicted for fraud, Davis-Bacon price-fixing regulations made great strides in improving the bribery, and other wrongdoing. Since then artificially inflate construction quality of life for all Americans, but 2009, there have been 85 such indict- costs by at least 10 percent, and Fed- these changes were always forged in ments, or about 14 per year. eral environmental regulations, such the spirit of bipartisan compromise and The bill also creates a new position as those issued under the National En- cooperation. We still need health care called the Chief Risk Officer and re- vironmental Policy Act, add an aver- reform, but it has to be done the right quires the Bank to go through an inde- age of 6.1 years in planning delays to way. To have good health care, we will pendent audit of its portfolio. Only in any federally funded project. have to have ideas from both parties, Washington will you find people who I understand that Washington is not not just one party. believe that an organization’s systemic ready for a more conservative approach Tonight we made significant progress ethical failings can somehow be over- to infrastructure funding—at least not to pointing out a bunch of the flaws,

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.094 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8367 and there were a lot of people who were Lindsey Seidman, his senior policy ad- that a reconciliation bill has, they involved in that and I wish to take this viser and health council, Liz Wroe, and have to meet with you on a regular opportunity to thank them. his health policy director, Mary Sump- basis and give their opinion and review We gave instructions to the Finance ter Lapinski. all of these precedents to see if it can Committee and the Health, Education, I also need to thank the former budg- be put together the way we think it Labor, and Pensions Committee that et staff people who lent their expertise ought to be put together to be sure they were each to save $1 billion. So on this, particularly Bill Hoagland. that when it comes to the floor, it can Senator HATCH and his staff went to We are in a process that may help be voted on and when it is done, it ac- work on it, and Senator ALEXANDER with some of the future accounting for tually is a bill that will be possible to and his staff went to work on it, and projects and things and that is to do send to the President’s desk. they accomplished that task in con- some budget reform. A lot of people So I thank the Parliamentarians for junction with the House. So I thank have talked about budgeting reform presiding. I know the tremendous job them for their effort. and we have been doing some hearings they do of advising whoever sits in the I thank the Republican staff of the on budget reform. We will be putting Presiding Officer’s chair, but this was a Senate Budget Committee, and espe- together a bill, and to make it a bipar- whole new level of instruction as I cially my staff director, Eric Ueland; tisan bill it will have to go into effect found out all of the things that they as well as my deputy staff director, in 2017. At that point nobody will know have to have as a part of their knowl- Dan Kowalski; the parliamentarian, who will be in the majority, so we will edge, and I really appreciate the effort Tori Gorman; the senior budget ana- all work to have a process that will be they go to, the knowledge they already lyst, Steve Robinson; the budget ana- fair to both sides just in case we hap- have, and the important role they play lysts, Greg D’Angelo and Tom Borck; pen to be in the minority or the other in this process. the junior budget analyst, Kaitlin side happens to be in the minority. I know I left out a lot of people, but Vogt; the chief counsel, George Everly; So we have a lot of people on both to anybody who participated, I want to the assistant counsel, Clint Brown; the sides who have been working on that thank them for their efforts and hope director of regulatory review, Susan issue, and we will hold a number of that out of all of these budget proc- Eckerly; and the editor, Elizabeth hearings yet and hopefully come up esses, what we come up with is a better Keys. with a process where we can get rid of America. I also wish to thank the people on my old programs, eliminate duplication, I yield the floor, and I thank the personal staff who had to put some of and make the programs that we have chairman. their projects kind of secondary at be far better. Some of the people who The PRESIDING OFFICER. The Sen- ator from Oklahoma. times and then had to pitch in and help have worked on that in the past have Mr. INHOFE. Mr. President, let me with the budget as well. been Senator Domenici, who was the first of all thank the Senator from Wy- I also want to express my apprecia- chairman of the committee; Senator oming. It is interesting that every time tion to the staff from Leader MCCON- Gregg, who was the chairman of the we are involved in something—it could NELL’s office. Leader MCCONNELL is a committee; and Senator PATTY MUR- be reconciliation, the budget or the tremendous strategist and has opened RAY, who was the chairman of the highway bill—he is always in the cen- the process for the Senate so that great Budget Committee. One of the early ter and he has always been the anchor things like the highway bill can be ones, Senator Phil Gramm, has do- that holds us all together, and we ap- done, and that is done by allowing nated some of his time to come and preciate that so much. committees to do amendments, and work with both sides to take a look at I will recognize the Senator from then allowing the committee bill to what some of the future economic Washington, Ms. CANTWELL. come to the floor and have amend- problems are, and he is also one of the f ments from both sides of the aisle in an foremost economic predictors, so we open process, and then to go to con- can make sure all of those things will TRANSPORTATION BILL ference committee and have the con- come together as we work on future Ms. CANTWELL. Mr. President, I ference committee do their work to budgets. rise tonight to thank my colleagues make sure that the House and the Sen- Of course, I would be grossly in error who worked so hard on this transpor- ate are together. Some of the chief peo- if I didn’t mention the House chairman tation package that we have just voted ple who worked on that are the chief of of the Budget Committee, TOM PRICE. on. I thank Chairman INHOFE and Sen- staff, Sharon Soderstrom; his policy He and I have been meeting at least ator BOXER for their hard work, as well advisor, Scott Raab; his budget and ap- once a week with our staffs and coordi- as Chairman THUNE and Senator NEL- propriations policy advisor, Jon Burks; nating what is being done on both SON from the commerce committee for and his policy director, Hazen Mar- sides, both from a process standpoint, their hard work. shall. In addition, our floor and cloak- from a policy standpoint, from a bill The last thing I would have predicted room staff has been very helpful, led by standpoint, and from a budget stand- at the beginning of this year is that Laura Dove and Robert Duncan. point. I think that paid off in what we Senator BOXER would have joined Senator CORNYN and his staff did a are seeing tonight. forces with Senator MCCONNELL to marvelous job of helping to find out Last and particularly not least, I force through a transportation package what difficulties there were and what need to think the Parliamentarians. I that many of us probably thought things needed to be corrected. Senator need to thank Elizabeth MacDonough, wasn’t even a reality. I would like to THUNE did a great job of lining up Leigh Hildebrand, Michael Beaver, thank the Senator from California be- speakers, and Senator BARRASSO did a Thomas Cuffie. These are some unsung cause I think there are times in great job with his staff in lining up heroes of the U.S. Senate who do a bi- everybody’s career where you have to some of the messaging. partisan—a nonpartisan job for us of decide that you are going to stand up Thanks are due to the Senate Fi- kind of refereeing when asked, and and push forward no matter how many nance Committee, including the staff when you are doing a reconciliation arrows are shot in your back or no director, Chris Campbell; the chief bill, you are forced to ask. I had no matter how many questions people ask. health counsel and policy director, Jay idea what the process was and the dif- You have a vision of a path that you Khosla; and the health policy advisor, ficulty and the time that is involved, see and you realize that at the end, you Katie Simeon; the tax counsel, Preston but all of that was spent by the Parlia- think you can produce a package that Rutledge; and the health policy advi- mentarians. will really be good for America. sor, Becky Shipp. We are all familiar with the rule That is what Senator BOXER has I extend my gratitude to the staff of book that is in every one of these desks done. She has produced a package that the Health, Education, Labor, and Pen- and about this thick. That is a small will not only be a great legacy for an sions Committee, as well as Senator part of it. In their office, they have file already great career but will be the ALEXANDER, who has done a marvelous cabinets full of precedents. If you are very anecdote we need right now to an job there. I thank his staff director, drafting a bill that has to meet the economy that is greatly challenged by David Cleary, his deputy staff director, kind of rules and the tight constraints a lack of infrastructure investment.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.095 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8368 CONGRESSIONAL RECORD — SENATE December 3, 2015 I say that because the Senator from should get that done so we can finish that people would want to believe, but California and I both represent West this process. But the fact that we are it is just not true. We don’t have the Coast States that see Asia as a great making a commitment for 4 years to things that sound good. The Export- economic opportunity and that rep- the strategy that, yes, we want to man- Import Bank, that is something I had resent ports up and down the West ufacture products and, yes, we want to to swallow. I have opposed the Export- Coast. We probably have the top one build things and ship them to overseas Import Bank every opportunity I have and two and three and four ports on the markets—whether they are grain silos, had for the last 20 years. west coast as far as volume. The key whether they are airplanes, whether Yet this is a huge bill. This is the thing that we know is that our own they are music stands, whether they largest bill in 17 years. The most im- quadrennial review of energy products are tractors—whatever they are, we portant part of this to me is those who told us that we can’t even move prod- want to build them and we want to criticize it fail to realize that when we uct because we compete so much for reach developing countries and inter- take an oath of office, we hold up our room on our rails, and battle conges- national markets, and we are going to hand—every Senator does—to uphold tion on our highways. So for the first make sure the credit agencies that as- the Constitution of the United States. time, because of this legislation, the sist bankers in finalizing those deals It says in the Constitution, the only United States of America will have a exist, and we are making that commit- two things that we are mandated to do national multimodal freight policy, ment for 4 years. in article I section 8 is to defend Amer- along with a national freight strategic So if there is anybody who has ar- ica and roads and bridges. plan to say that we have to identify rows in their back over that, I also Ever since 1956, when Eisenhower the freight network that is most crit- thank them for continuing to fight to came and did the national bill, the Na- ical to moving product to the United make sure we got through this process. tional Highway System, it has been States of America and through our My colleagues know that both a major- successful, but where we have dropped ports, and that we should have a pro- ity of people in the House—a majority the ball is we have been failing to have gram to direct funding to those of Republicans—supported this idea the Transportation reauthorization multimodal projects that are going to and finally got their voices heard bill. We take into consideration all of help get U.S.-made products outside of through a discharge petition, and the the things that we are supposed to do, the United States and to the markets majority of the U.S. Senate supported and these are things that we are sup- where they need to be delivered. this position. posed to do in accordance with the So again, I thank Senator THUNE and So I hope people who have allowed Constitution. Senator NELSON for fighting for these this process to finally take place will It is easy for me to say this because provisions in the commerce committee understand how valuable the freight I have been ranked the most conserv- bill that got merged into this package provision and the export bank provi- ative Member many times and prob- and all of the staff on both sides of the sion is for us as a country to continue ably more than anyone else, but I rec- aisle in the commerce committee who our export strategy. ognize that we do have this responsi- helped on this and Senator BOXER and Our strategy is to build great prod- bility. Senator INHOFE for including this. ucts and to sell them to a developing Having said that, let me just say that I know that many times I ran into world. Ninety-five percent of con- I agree with the comments that were staff in the hall and they said: Yes, we sumers are outside of the United made by the majority leader and by know, freight can’t wait. Which is kind States, so let’s sell products, but we Senator BOXER. She and I have dis- of a moniker that we had come to talk have to fix our infrastructure to do it. agreed more than we have agreed on about because freight really can’t wait. We have to make sure that credit is things, but we have gone through a If we are not shipping it in a timely available to do it, and we have to make couple of these bills together and peo- fashion from North America, from the sure we continue to move forward with ple look at us and think, If both of United States, I guarantee to my col- the other policies that are going to them want to do this, there must be leagues that products will be delivered help us with this strategy. something good about them. to Asia or to Europe from someplace So, again, I want to say how grateful So I have enjoyed working with Sen- else and we will lose business. I am. I will tell my colleagues I don’t ator BOXER. It has been my honor to do So I think the U.S. Congress and the think it is a perfect bill, but everybody it. We have actually shocked a lot of Senate tonight has understood that our here understands it is not a perfect people with how well we get along. infrastructure needs a shot in the arm bill. Again, I want to thank the Sen- That is not going to happen after this to move freight and to establish this ator from California for her decision to bill, but it did before. policy I know is going to pay dividends take what is a challenging process and So let me just say this. I wish to for us. So thank you very much for persevere on an investment strategy thank some people. I appreciate the making sure that provision was in this that—each and every one of us would fact that the Senator from Wyoming legislation. It is a very key moment for have written a different one, but at recognizes his staff. I look around here us looking at the fact that we are an least it got us to this goal of making and I see these two guys. They were up exporter and that we want our products needed investment in critical infra- more nights all night long than they to reach markets in a timely fashion. structure at a time that our country were sleeping all night long, and this is I also want to thank the Secretary of needs to be able to move products and for a long period of time. We have been Transportation because he gets this get things to customers around the working on this for a long period of policy, and the national advisory com- globe, and this will very much help in time. It is the result of months and mittee that his predecessor established that process. months of really hard work. on freight will be very helpful for us in Again, I thank the staff on both com- In particular I want to thank our identifying the projects and using the mittees, on both sides of the aisle, and EPW team of Alex Herrgott, who was resources that are in this legislation to everybody who was involved in making trying to drive this thing, and Shant move forward. these policies a reality. Boyajian, one who does maybe the I also want to say how happy and Thank you, Mr. President. hardest part, the actual road part; he is grateful I am that the resolution of the I yield the floor. the expert that pulled that through. Export-Import Bank debate is finally The PRESIDING OFFICER. The Sen- We also had Chaya Koffman, Susan over tonight, and finally we have re- ator from Oklahoma. Bodine, Jennie Wright, Andrew Neely, solved the fact that the Bank will be Mr. INHOFE. Mr. President, I wish to Donelle Harder, Daisy Letendre, and reauthorized for 4 years. There are address very briefly the comments Kristina Baum. hundreds of millions of dollars of made by one of the Senators earlier And Senator BOXER’s team: David projects that need to be approved and about how bad this bill is. Napoliello, whom I really enjoyed they can hopefully start moving I think it is important for us to un- working with. This is funny. I could through the process. derstand that it shows us how difficult talk to David just as I talk to one of I will point out that the Board needs a bill like this is because we are facing our people here. We all have the same nominees to fill the vacancies, and we accusations, and it is the kind of thing concerns, and so it makes it easier. I

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.096 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8369 also thank Andrew Dohrman and Jason that it was our overwhelming bipar- make the workings of a sausage fac- Albritton. I would include so many tisan vote that set the stage and built tory look appealing in comparison. others, but I see that Senator BOXER is momentum for this bill to begin mov- Mr. President, I know it is late, and still here, and I would like to just con- ing through the Senate. I know we are all exhausted, but you clude right now. I know Senator BOXER I also want to thank Chairman SHU- have to mark a moment. I think this wants to recognize some of the people STER and Congressman DEFAZIO in the bill was such a monumental effort and that worked so hard in her shop, and House. They led a strong bipartisan ef- the staffs that we are mentioning— we worked with a lot of people. fort in the House of Representatives Senator INHOFE is right—they were I will yield to Senator BOXER. which allowed us to go to conference working constantly. The reason I know The PRESIDING OFFICER. The Sen- with the wind at our back, and while it is that I called them constantly. ator from California. was never an easy negotiation and nei- Senator INHOFE is right again. I Mrs. BOXER. Mr. President, I am so ther side got everything that they called my staff; I called his staff; I relieved we voted on a 5-year, fully- wanted, I think we are all pleased with called Senator THUNE’s staff. I called funded surface transportation bill that the outcome. I want to thank all the everybody’s staff. Right? I drove them increases funding for our highway and members of the conference committee, crazy. transit programs. This is a monu- with a special thanks to Senators DUR- One time my little granddaughter mental accomplishment for us all. The BIN and NELSON, who are strong sup- was there, and I was getting into a bit Environment and Public Works Com- porters of the conference report. of an altercation with a Member from mittee has led the way to achieving the Let me highlight a few things in this the House, and I whispered to my longest surface transportation bill that bill that I am so proud of: granddaughter: Tell him to help your this country has seen in 17 years, which The bill creates and significantly grandmother. is essential for jobs, for our safety, and funds two new programs: No. 1, the Na- She got on the phone and said: Please for our economic standing in the world. tional Highway Freight Program, help my grandmother. She had no idea. This bill, which passed the House by which will improve goods movement; The gentleman on the other end said: a vote of 359 to 65, will provide the cer- and No. 2, the Nationally Significant Oh, boy, you are tough. OK. We got tainty that our States and local gov- Freight and Highway Projects Pro- through that night all right. ernments need to plan and construct gram, a competitive grants program to I am going to also thank the House improvements to the Nation’s surface support major projects. family who helped us write the Safe transportation system. It will support It provides $199 million to help com- Rental Car Act. millions of jobs and thousands of busi- muter railroads install positive train In closing, I am going to read these nesses. Our bill has the support of a control. It includes the Raechel and names on my team: Bettina Poirier, broad coalition of labor, business, and Jaqueline Houck Safe Rental Car Act, David Napoliello, Andrew Dohrmann, government organizations, including to protect consumers from leasing un- Tyler Rushforth, Jason Albritton, Ted the AFL–CIO, Transportation Trades safe recalled rental vehicles. This Illston, Mary Kerr, Kate Gilman, Colin Department of the AFL–CIO, U.S. cause has been incredibly important to MacCarthy, and Kathryn Bacher. Chamber of Commerce, Americans for me. I have worked tirelessly to get this From Senator INHOFE’s team, I have Transportation Mobility Coalition, safety provision into law. It will save to mention them again: Alex Hergott, Teamsters, Transportation Construc- lives in the future and is an example of Ryan Jackson, Shant Boyajian, Susan tion Coalition, American Road and the positive things we can do to pre- Bodine, Andrew Neely, and Chaya Transportation Builders Association, vent families from suffering from trag- Koffman. National Association of Counties, U.S. edies resulting from defective rental For Leader MCCONNELL: Neil Conference of Mayors, National Con- cars in the future. Chatterjee, Hazen Marshall, and many ference of State Legislatures, National I have been working for years to pass others. Governors Association, National Asso- a long-term transportation bill, be- For the Banking Committee staff, I ciation of Manufacturers, American cause our Nation’s aging infrastructure want to thank Mark Powden, Shannon Trucking Associations, Highway Mate- needs robust investment to keep us Hines, Jennifer Deci, and Homer Car- rials Group, Associated General Con- competitive in the global marketplace. lisle. tractors, American Farm Bureau Fed- Our country has over 61,000 struc- For Senator NELSON: Kim Lipsky, eration, American Traffic Safety Serv- turally deficient bridges and 50 percent Devon Barnhart, Matt Kelly, and Bran- ices Association, Transport Workers of our Nation’s roads are in less than don Kaufman. Union, American Society of Civil Engi- good condition. More than 30,000 people For Senator THUNE: Dave Schweitert, neers, International Union of Oper- die from traffic accidents each year. Adrian Arnakis, Allison Cullen, and ating Engineers, Amalgamated Transit The passage of MAP–21, for which I Patrick Fuchs. Union, United Steelworkers, Leader- chaired the conference committee in We built trust, we worked together, ship Conference on Civil and Human 2012, provided 2 years of certainty and and we forged real friendships. I will Rights, Coalition for America’s Gate- made key innovations for transpor- never forget this as long as I live. I am ways and Trade Corridors, and Amer- tation. grateful to everyone. ican Association of Port Authorities. Now, the FAST Act, which increases I yield the floor. The FAST Act is a comprehensive highway and transit funding, will en- The PRESIDING OFFICER. The ma- bill that, among other things, modern- able our State and local governments jority leader. izes federal highway and transit pro- to make new investments to improve f grams, motor carrier and vehicle safety our roads, bridges, and transit systems, programs, and includes a passenger rail which will improve safety, increase MORNING BUSINESS authorization. We should also not for- mobility, and keep goods moving effi- Mr. MCCONNELL. Mr. President, I get that it reauthorizes the Export-Im- ciently. Improving our transportation ask unanimous consent that the Sen- port Bank, which is so important for infrastructure should not be a partisan ate be in a period of morning business, jobs and our economic competitive- issue, and I thank Leader MCCONNELL with Senators permitted to speak ness. and Senator INHOFE for working closely therein for up to 10 minutes each. It was a mammoth task to put this with me to do the right thing for our The PRESIDING OFFICER. Without bill together and it has been a roller country. objection, it is so ordered. coaster ride from day one. I am pleased This entire process has been about f that this entire process was jump- trust, teamwork, and persistence, and I started when my dear friend JIM couldn’t be more proud of what we REMEMBERING GOVERNOR OLENE INHOFE, who has been my partner on have accomplished. WALKER many infrastructure issues, worked I would like to thank all of the staff Mr. HATCH. Mr. President, I wish to with me to pass a highway bill out of that played an important role in this pay tribute today to Governor Olene the EPW Committee on June 24 by a bill. As I have said, getting to this Walker, a woman beloved in my home unanimous 20–0 vote. I truly believe point has been a process that would State of Utah and regarded across the

VerDate Sep 11 2014 03:12 Dec 10, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD15\S03DE5.REC S03DE5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8370 CONGRESSIONAL RECORD — SENATE December 3, 2015 Nation as a model of civility and self- remained in the public sphere and con- State. That is an issue I have followed less service. Governor Walker passed tinued to advocate for education re- closely over the years, and I can attest away last Saturday from causes inci- form. She was also active in ecclesias- firsthand that Senator Stivers has been dent to age. In her 85 years of life, she tical service and would eventually a real champion in working to find a led with compassion and humility, serve a 2-year mission in New York solution. earning the respect and admiration of City for the Church of Jesus Christ of Senator Stivers also led the senate to everyone she served. Latter-day Saints. She was equally en- pass a measure providing funding for a Governor Walker’s life was one of gaged in academia and was instru- new cancer research center at the Uni- humble service, and her modest back- mental in establishing the Olene S. versity of Kentucky. This new facility ground made her rise in politics all the Walker Institute of Politics and Public will prove to be of immeasurable ben- more impressive. Raised in rural Utah, Service at Weber State University. In efit to the people of Kentucky and also she developed her trademark work addition to hosting public forums, the helps establish the University of Ken- ethic on the family farm and spent institute helps students find jobs and tucky as one of the region’s top re- much of her childhood milking cows, internships in government and encour- search universities, which will attract hauling hay, and harvesting sugar ages women to become involved in poli- more talent and funding to the Com- beets. Both as a young woman working tics. monwealth. in her family’s fields and as a Governor Through her trailblazing example, I would ask all of my colleagues to serving the people of Utah, no task was Governor Walker leaves a legacy of join me in congratulating Kentucky ever below Olene—she was always will- leadership that is sure to inspire gen- Senate President Robert Stivers on ing to do whatever was necessary to erations of young Americans. With her this honor, and I thank him for his get the job done and to help those in passing, we have lost not only an exem- service to the people of our State. need. plary stateswoman but also a loving Those of us in Kentucky who have As a State legislator, a Lieutenant mother and a friend. I am deeply grate- watched him at work have known for a Governor, and a Governor, Olene was ful for my association with Olene long time that he is a talented and en- steadfast in her commitment to help Walker. I consider myself lucky to ergetic legislator. And he is a great society’s most vulnerable, especially have known Olene and even luckier to public servant on behalf of the people small children. Her work in the area of have served alongside her. Elaine and I of Kentucky. health care reform precipitated the es- send our deepest condolences to the The Lexington Herald-Leader re- tablishment of our State’s Children Walker family. May God comfort them, cently published an article detailing Health Insurance Program, which helps and may He comfort all of us as we Senator Stivers’ recognition by Gov- provide medical insurance for Utah’s mourn the loss of an exceptional erning magazine. I ask unanimous con- underprivileged youth. After becoming woman. sent that the article be printed in the Utah’s first female Governor, she con- f RECORD. tinued her advocacy for children by TRIBUTE TO ROBERT STIVERS There being no objection, the mate- championing education reform. rial was ordered to be printed in the Governor Walker’s Read With a Child Mr. MCCONNELL. Mr. President, I RECORD, as follows: Early Literacy Initiative was essential wish to recognize a good friend of mine to her reform efforts. This program and the Kentucky Senate president, [From the Lexington Herald-Leader, Nov. 17, sought to improve childhood literacy Robert Stivers, for the honor he re- 2015] by encouraging parents to read with cently received of being named one of MAGAZINE NAMES KENTUCKY SENATE PRESI- their kids for at least 20 minutes every the country’s top nine public officials DENT ROBERT STIVERS A TOP PUBLIC OFFI- CIAL IN NATION day. The initiative’s focus on the fam- of the year by Governing magazine. ily speaks to a simple truth: meaning- Senator Stivers certainly deserves this (By Jack Brammer) ful societal change doesn’t begin in the recognition, as he has led the Ken- FRANKFORT—Kentucky Senate President bustling chambers of Congress but in tucky Senate admirably since his ele- Robert Stivers has been named one of the the quiet solitude of the home, through vation to the president’s post in 2013. country’s nine public officials of the year by Governing magazine. Senator Stivers has served in the the daily interactions between parent Stivers, R–Manchester, was nominated for and child. As a former homemaker and Kentucky Senate since 1997. He rep- the award by the magazine’s editors. The as a mother of seven, Olene understood resents the 25th District in eastern magazine has honored individual state and that healthy homes lead to a healthy Kentucky, which includes parts of local government officials for their accom- society. This belief influenced many of Clay, Knox, Lee, Owsley, Whitley, and plishments every year since 1994. her pro-family policies as Governor. Wolfe Counties. Like myself, Robert is The publication commends Stivers for his Perhaps more than anyone I know, a proud graduate of both the Univer- bipartisan work since assuming the role of Governor Walker exemplified the sity of Kentucky and the University of Senate president in 2013. teaching that the greatest among us is Louisville. Before becoming senate Landmark legislation that has passed dur- the servant of all. She often eschewed president in 2013, he served as the sen- ing Stivers’ presidency include bills to ad- dress abuse of prescription drugs and heroin, the trappings of public office and even ate’s majority floor leader from 2009 to and providing funding for a new cancer re- refused to use a driver. After leaving 2012. search center at the University of Kentucky. the Governorship, Olene volunteered to Senator Stivers is perfectly suited ‘‘It is an honor to receive this award on be- serve as the primary president for her for his leadership role, as he is a man half of our work in the legislature,’’ Stivers local church congregation. This hum- who naturally knows how to build con- said in a statement. ‘‘We are fortunate to ble position was a significant departure sensus and coalitions. He remains a have so many dedicated servants in the Ken- from her role as Utah’s chief executive. practicing attorney in his hometown of tucky General Assembly who were willing to Instead of negotiating with legislators Manchester and is finely tuned in to put aside politics and do what was best for the needs of his constituents. The Clay the Commonwealth of Kentucky. While there and managing State agencies, Olene is still plenty of work to be done, I am very led dozens of little children in song and County Chamber of Commerce honored thankful to my colleagues and staff for their prayer, teaching them about the words Senator Stivers with its Man of the work on significant pieces of legislation. It of Christ and his early apostles. Any- Year award in 2000. In 2002 he received has been a great year.’’ one preoccupied with prestige or posi- both the AARP Appreciation Award Stivers was appointed this year as the in- tions of power would surely consider and the Kentucky River Lincoln Club coming chairman of the Southern Legisla- this new responsibility a demotion, but Outstanding Service Award. tive Conference, which is to hold its annual Olene wasn’t one of those people. She Senator Stivers was recognized as meeting in Lexington in 2016. Stivers also never concerned herself with titles, one of the top public officials in the will be chairman of the Council on State Governments in 2018. country because he has led the Ken- standing, or prominence; she cared Stivers will travel to Washington, D.C., only about serving others in whatever tucky Senate to pass some very impor- next month to receive the award. He rep- capacity she could. tant measures, including a bill to ad- resents the 25th District, which encompasses And she served until the very end. dress the growing scourge of heroin and Clay, Knox, Lee, Owsley, Whitley and Wolfe Even after retiring from office, Olene prescription pain pill abuse in our counties.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.003 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8371 RECOGNIZING THE LAS VEGAS effectively advocated for policies that Planned Parenthood as their primary LATIN CHAMBER OF COMMERCE help Latino entrepreneurs start and ex- source of health care. In just one exam- Mr. REID. Mr. President, I wish to pand their business. ple, without the services that Planned recognize the 40th anniversary of the In addition to their roles at the Latin Parenthood provides, thousands of low- Las Vegas Latin Chamber of Com- Chamber of Commerce, Mr. Merida and income women in Vermont would lose merce. Ms. Napoles are active members in the their ability to have regular cancer Since its inception, the Latin Cham- community and have held various lead- screenings that could save their lives. ber of Commerce has been a champion ership positions at the State and local Over five decades, Planned Parent- for the Hispanic business community levels. Mr. Merida has worked for the hood has weathered many challenges in Nevada. In working to fulfill its mis- State of Nevada’s Department of Edu- that include ensuring the safety of its sion of promoting the success of its cation, served as chair of the Las Vegas own health care providers. In the after- members and the more than 18,000 His- Housing Authority, and was appointed math of 9/11, more than 500 anthrax panic-owned small businesses in the to the Nevada Commission on Eco- threat letters were sent to Planned Silver State, the chamber is driving nomic Development. Ms. Napoles-Earl Parenthood locations and other repro- growth in Nevada and enriching the has served as a commissioner for the ductive health care providers; yet it U.S. economy. By cultivating positive Nevada Commission on Minority Af- seems unimaginable that we are here business, cultural, and educational re- fairs and on the board of directors of in December 2015, in the U.S. Senate, lationships and expanding opportuni- Dignity Health’s St. Rose Dominican once again debating whether to defund ties for Latino businessowners, the Hospitals. I have had the honor and an organization that does so much to Latin Chamber of Commerce has en- privilege of working closely with Mr. ensure the health and well-being of sured the success of hundreds of new Merida and Ms. Napoles-Earl through- women across the country. businesses and transformed the very out my time in Congress, and I can say In August I spoke in opposition to fabric of southern Nevada. without reservation that the Hispanic this misguided, distortion-filled, par- The Latin Chamber of Commerce was business community in Nevada is for- tisan effort. I said at the time that the founded nearly four decades ago by a tunate to have them working on its be- issue was unfortunately all too famil- handful of determined individuals who half. You will be hard pressed to find iar. With the critical issues that face were seeking the resources and support more effective advocates. us today, why are we spending our time necessary to realize their personal and As the Latin Chamber of Commerce and energy on this ideologically driven professional goals. Under the leader- begins its next chapter, I wish them effort to bar funding for women’s ship of Arturo Cambeiro, the organiza- continued success for years to come health centers? I am saddened that we tion’s first president, the chamber de- and thank them for supporting the eco- are even talking about this provision veloped the foundation needed to be- nomic growth and development of today, not even 1 week since a gunman come a leading advocate for Hispanic- Latino entrepreneurs for 40 years and stormed that Planned Parenthood in owned businesses and Latino entre- counting. Colorado and caused such carnage. This preneurs. Today, the Latin Chamber of f is shameful, and it is cynical. It is time Commerce has grown to include more for the mean-spirited assault on wom- RECOGNIZING THE 50TH ANNIVER- than 1,500 members throughout the Sil- en’s health care to end. ver State, making it one of the largest SARY OF PLANNED PARENT- I was heartened by the supporters, organizations of its kind in the coun- HOOD OF NORTHERN NEW ENG- both women and men, who turned out try. I applaud the Latin Chamber of LAND to mark the 50th anniversary of Commerce for its 40th anniversary of Mr. LEAHY. Mr. President, this Planned Parenthood of Northern New dedicated service to the Hispanic com- week, Planned Parenthood of Northern England this week in South Bur- munity. The chamber’s work is truly New England marked its 50th anniver- lington. They included the next genera- appreciated and admired. sary with a well-attended gathering in tion of young women who have been I also commend the leadership of the South Burlington, VT. The event came ‘‘passed the torch’’ to stand up for Latin Chamber of Commerce, particu- less than a week after the deadly trag- their rights to health care and repro- larly Mr. Otto Merida and Ms. Victoria edy at a Planned Parenthood center in ductive freedom. They are committed Napoles-Earl. Their tireless commit- Colorado. The weight of that tragedy, to making sure Planned Parenthood ment to the Latino business commu- more than 2,500 miles away from will be around for another 50 years— nity has played a critical role in the Vermont, was evident as those in the and they give me hope. Let us not turn growth and success of the chamber. For crowd bowed their heads in a moment our backs on them by turning back the the last 40 years, Mr. Merida has dedi- of silence as the names of victims were clock. cated his work to developing and ex- read. But this South Burlington gath- f panding the presence of the Latin ering also illustrated the depth of sup- Chamber of Commerce in southern Ne- port for an organization that plays a SUPPORTING THE COFFEE FARM- vada. He has worked hard to fulfill the critical role in health care for women ERS IN THE DEMOCRATIC RE- Chamber’s mission and led the organi- of all ages throughout Vermont, PUBLIC OF THE CONGO zation with the highest standards, cur- throughout New England, and through- Mr. LEAHY. Mr. President, like rently serving as the organization’s out our country. many Senators, I have followed the ap- chief executive officer. Ms. Napoles- The Planned Parenthood Association palling situation facing citizens of the Earl joined the chamber in 1987 and re- of Vermont began in 1965 when a small Eastern Congo, where armed groups cently announced her retirement after but active band of women gathered at have fought for years over control of 30 years of service. I would like to con- the Unitarian Church in Burlington. minerals and territory, pillaging, rap- gratulate her on her upcoming retire- Within the next 3 years, Maine and ing, and killing civilians in the proc- ment and career accomplishments. New Hampshire also established family ess. From starting as the chamber’s office planning centers, and by the mid-1980s, The innocent people who struggle to manager to becoming its senior vice Planned Parenthood of Northern New survive in the midst of this violence president, Ms. Napoles-Earl has dedi- England was formed. and destruction rely on subsistence ag- cated her career to investing in Latino- In 2014 alone, Planned Parenthood riculture, as well as raising crops for owned businesses. During their distin- centers around Vermont provided vital export; yet their own government guished careers, Mr. Merida and Ms. primary and preventive services to makes it doubly difficult. Napoles-Earl have successfully secured over 16,000 patients. In a rural State For decades, coffee was an important millions of dollars in funding for like Vermont, the need for health care agricultural export from Eastern Latino businessowners, including providers in remote areas is acute. Congo. But after years of armed con- grants, loans, and contracts. On behalf More than 90 percent of Vermont’s flict, official coffee exports have re- of the chamber and the thousands of Planned Parenthood centers are lo- portedly decreased by over 80 percent Hispanic-owned businesses in Nevada, cated in rural or medically underserved from peak levels 30 years ago. The ma- Mr. Merida and Ms. Napoles-Earl have areas. Many Vermonters describe jority of this coffee is produced by

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.078 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8372 CONGRESSIONAL RECORD — SENATE December 3, 2015 smallholder farmers, most of whom are fee producers in the Eastern Congo. Ms. CANTWELL. I thank the senior women, and for whom coffee is a sig- The Congress passed the African Senator from Vermont for his leader- nificant source of income. Growth and Opportunity Act, AGOA, to ship on this issue. Last year, I trav- Today a consortium, including the advance economic growth and political elled to sub-Saharan Africa with Sen- Eastern Congo Initiative, the Howard stability in sub-Saharan Africa. AGOA ator STABENOW. In Africa, we saw first- Buffett Foundation, and Starbucks furthers these objectives by offering hand that empowering women and girls Coffee Company, are trying to help trade benefits to countries that meet as leaders in agriculture is important Congolese farmers by revitalizing the certain requirements, including com- to promoting economic development. industry. Needed infrastructure has mitments to policies that alleviate When we returned, we fought to make been built, a supply chain is in place, poverty and reflect market based eco- sure promoting economic opportunities and America’s largest coffee company nomic principles. Moreover, as part of for women was an important aspect of has provided a reliable buyer. This is a this year’s AGOA renewal, we included renewal of the African Growth and Op- welcome and worthwhile effort to im- provisions to enhance industries where portunity Act. prove the lives of people in rural Con- African women are making strong con- Investing in women produces a good golese communities that should have tributions. Since its inception, exports return on investment. According to the the support of the Congolese Govern- from AGOA countries to the United U.N. Food and Agriculture Organiza- ment. States have grown 300 percent. Agri- tion, if women had the same access to Despite this collective effort, Congo- culture is the largest employer in Afri- economic resources as men, this could lese coffee farmers are being crippled ca, and in the years to come, farming increase agricultural productivity by by oppressive taxes that make their can play a key role in accelerating ex- 20–30 percent. coffee uncompetitive in the global mar- ports even further and realizing the vi- The Congolese Government’s export ketplace. While Congo’s official export sion of AGOA. taxes on coffee producers have the op- tax rate is 0.25 percent, many export To meet the standards of AGOA and posite effect. It unfairly burdens officials reportedly continue to levy gain eligibility, the Congolese Govern- women. It should be repealed before the taxes of 7.5 percent, which is the pre- ment must do away with the excessive Democratic Republic of the Congo re- vious rate. In addition, there are often export and other taxes currently being ceives any additional AGOA benefits. informal tax levies that charge another levied on its coffee farmers. Impeding Mr. ISAKSON. I want to thank the 3 to 8 percent. These excessive taxes the growth of their coffee industry and Senator from South Carolina and the force exporters to pay smallholder lowering the standard of living of their Senator from Vermont for their impor- farmers less for their coffee, with the own farmers is inconsistent with the tant work in improving United States result that farmers smuggle their crop language, intent, and spirit of AGOA. foreign assistance. I thank Senator into neighboring countries. The liveli- Lowering this tax burden should be re- LEAHY for bringing this issue to our at- hoods of these farmers and the success quired before the Democratic Republic tention today. The Senator from Dela- of the Eastern Congo Initiative- of the Congo is granted AGOA benefits. ware and I have worked for years on Buffett-Starbucks joint venture are Ms. STABENOW. I thank the senior the Senate Foreign Relations Sub- put at risk by the Congolese Govern- Senator from Vermont for his leader- committee on African Affairs, and I ment’s actions. ship on this issue. Last year, I had the look forward to continuing that work. I want to yield to Senator GRAHAM, privilege of leading the first all-women Throughout our travels on the African who has traveled to Africa and ob- Senate delegation to sub-Saharan Afri- continent, we have seen the beneficial served the challenges facing small ca to examine food, agriculture, and effects of increased agriculture produc- farmers like those I have mentioned. the critical role women play in local tivity and better access to markets, fa- Mr. GRAHAM. I want to thank my economies. According to the Food and cilitated by U.S. economic develop- friend from Vermont with whom I have Agriculture Organization of the United ment and trade preference programs. worked for years to help improve the Nations, nearly 50 percent of all the ag- I am proud of our work to reauthor- lives of small farmers in Africa and ricultural work in the region is done by ize the African Growth and Oppor- elsewhere. The situation facing coffee women. tunity Act. We made it stronger, more farmers in the Eastern Congo should Yet, too often, women are not af- accountable, and hopefully more acces- concern all Senators, as there is an op- forded equal opportunities to own prop- sible to sub-Saharan African countries portunity, thanks to the Eastern Congo erty, earn an education, or participate and their people. Unfortunately, Con- Initiative, the Buffett Foundation, and in the political process. That is why I go’s ineligibility makes export oppor- Starbucks, to significantly increase was eager to lead two bipartisan provi- tunities more difficult for Congolese the income of people who have long sions included in the recent AGOA re- businessmen and farmers. I echo my struggled to get out of poverty. The newal. The first makes clear that we colleagues’ call on the Congolese Gov- Congolese Government should take im- expect our African trading partners to ernment to become more transparent mediate steps to eliminate this unoffi- make progress toward establishing and responsive to the needs of its peo- cial tax rate and other specious finan- policies that support men and women. ple. cial charges that are jeopardizing the And the second expands existing agri- Mr. LEAHY. Mr. President, as you livelihoods of their own people. The cultural trade technical assistance pro- can see, there is bipartisan support for government must be part of the solu- grams at USDA and USAID and these coffee farmers who face oppres- tion—and not the problem—to Congo’s prioritizes outreach to organizations sive economic constraints that limit myriad challenges. and sectors that support women. their ability to be competitive in the Mr. LEAHY. I thank the Senator At its core, AGOA is about creating marketplace and earn a decent living. I from South Carolina, the chairman of the building blocks of an improved join my colleagues who have spoken on the Subcommittee on State and For- trading relationship with sub-Saharan this issue today in urging the Congo- eign Operations, who chaired a hearing African nations. For the Democratic lese Government to address these con- earlier this year when we heard com- Republic of the Congo, coffee produc- cerns for the benefit of its people. pelling testimony about this subject. tion presents a critical export oppor- f I ask my friend from Delaware, the tunity. That is why we must insist that former chairman of the Subcommittee the Congolese Government addresses VOTE EXPLANATION on Africa, who has traveled to Africa its inconsistent and burdensome export Mr. WARNER. Mr. President, due to many times, including this year with taxes on coffee producers—most of a prior commitment, I regret I was not President Obama, to discuss how this whom are women—before regaining eli- present to vote on six amendments to situation in the Eastern Congo relates gibility for AGOA benefits. We have an H.R. 3762, the Budget Reconciliation to the requirements of the African opportunity to send a strong message Act. Had I been present, I would have Growth and Opportunity Act. to our African trading partners that we voted yes on amendment No. 2908, Mr. COONS. I thank the Senator expect them to recognize how vital Manchin-Toomey expanded background from Vermont for calling the Senate’s women are to the development of those checks, and amendment No. 2910, deny- attention to the challenges facing cof- nations’ economies. ing firearms to suspected terrorists. I

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.048 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8373 strongly support these commonsense BUDGET AGGREGATE REVENUES matched. Needless to say, she has been gun safety proposals. (Pursuant to Section 311 of the Congressional Budget Act of 1974 and Sec- an invaluable resource for each of the In addition, I would have supported tion 4305 of S. Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016) presidents she has served with and to amendment No. 2892, Senator SHA- the university as a whole. In fact, it is HEEN’s funding for mental illness and $ Millions 2016 2016–2020 2016–2025 hard to imagine UNI without her. I substance abuse services, and amend- Current Aggregates: have worked with Pat in her capacity ment No. 2907, Senator BENNET’s pro- Revenue ...... 2,675,967 14,415,914 32,233,099 as the head of government relations for Adjustments: posal to improving access to care at Revenue ...... ¥65,400 ¥438,000 ¥1,103,600 the University of Northern Iowa for the Veterans Administration. However, Revised Aggregates: most of my time in the Senate. With I would have voted no on amendment Revenue ...... 2,610,567 13,977,914 31,129,499 someone who has her level of knowl- No. 2912, Cornyn side-by-side to No. edge and experience, you would be 2910; amendment No. 2914, Grassley REVISION TO ALLOCATION TO THE COMMITTEE ON tempted to wonder whether she reports side-by-side to No. 2908; and amend- FINANCE to the president or the president re- ment No. 2899, Paul refugee resettle- (Pursuant to Section 302 of the Congressional Budget Act of 1974 and Sec- ports to her. But, if you know her, you tion 4305 of S. Con. Res. 11, the Concurrent Resolution on the Budget for ment. Fiscal Year 2016) know she is as unassuming as she is f dogged in her dedication to the univer- $ Millions 2016 2016–2020 2016–2025 sity’s best interests. BUDGETARY REVISIONS Current Allocation: The University of Northern Iowa was Mr. ENZI. Mr. President, section 4305 Budget Authority ...... 2,179,749 12,342,551 29,428,176 lucky to have her, and on behalf of the of S. Con. Res. 11, the concurrent reso- Outlays ...... 2,169,759 12,322,705 29,403,199 Adjustments: UNI family, we are sorry to lose her. lution on the budget for fiscal year Budget Authority ...... ¥2,000 ¥4,600 16,200 We wish her well in her new ‘‘retired’’ 2016, allows the chairman of the Senate Outlays ...... ¥2,000 ¥4,600 16,200 Revised Allocation: career as minister of care and visita- Budget Committee to revise the alloca- Budget Authority ...... 2,177,749 12,337,951 29,444,376 tion at First Presbyterian Church in tions, aggregates, and levels in the Outlays ...... 2,167,759 12,318,105 29,419,399 Waterloo. budget resolution for legislation re- f lated to health care reform. The au- REVISION TO ALLOCATION TO THE COMMITTEE ON HEALTH, thority to adjust is contingent on the EDUCATION, LABOR, AND PENSIONS TRIBUTE TO MAYOR JIM legislation not increasing the deficit (Pursuant to Section 302 of the Congressional Budget Act of 1974 and Sec- HAGGERTON tion 4305 of S. Con. Res. 11, the Concurrent Resolution on the Budget for over either the period of the total of Fiscal Year 2016) Mrs. MURRAY. Mr. President, today fiscal years 2016–2020 or the period of with my colleague Senator CANTWELL, the total of fiscal years 2016–2025. $ Millions 2016 2016–2020 2016–2025 I wish to commemorate Mayor Jim I find that Senate amendment 2916 Current Allocation: Haggerton for his 30 years of public fulfills the conditions of deficit neu- Budget Authority ...... 12,137 87,301 174,372 service. Mr. Haggerton first served the Outlays ...... 14,271 87,783 182,631 trality found in section 4305 of S. Con. Adjustments: people of Tukwila, WA as a member of Res. 11. Accordingly, I am revising the Budget Authority ...... 0 ¥4,200 ¥13,700 the planning commission from 1985 to Outlays ...... 0 ¥2,400 ¥10,900 allocations to the Committee on Fi- Revised Allocation: 1994 and thereafter as a member of the nance, the Committee on Health, Edu- Budget Authority ...... 12,137 83,101 160,672 city council from 1994 to 2007. Since cation, Labor, and Pensions, HELP, Outlays ...... 14,271 85,383 171,731 2008, Mr. Haggerton has served as and the budgetary aggregates to ac- mayor of Tukwila. On December 31, Mr. count for the budget effects of the REVISION TO ALLOCATION TO THE UNASSIGNED Haggerton will retire after 30 years of amendment. I am also adjusting the COMMITTEE service to Tukwila. unassigned to committee savings levels (Pursuant to Section 302 of the Congressional Budget Act of 1974 and Sec- During his tenure, Mr. Haggerton has tion 4305 of S. Con. Res. 11, the Concurrent Resolution on the Budget for in the budget resolution to reflect that, Fiscal Year 2016) consistently provided outstanding lead- while there are savings in the amend- ership, kept the interests of the public ment attributable to both the HELP $ Millions 2016 2016–2020 2016–2025 at the forefront of his work, celebrated and Finance committees, the Congres- Current Allocation: the city’s diversity, and supported its sional Budget Office and Joint Com- Budget Authority ¥930,099 ¥6,014,283 ¥15,268,775 neighborhoods, businesses, and resi- Outlays ...... ¥884,618 ¥5,887,158 ¥14,949,026 mittee on Taxation are unable to Adjustments: dents. Mr. Haggerton successfully produce unique estimates for each pro- Budget Authority ¥30,200 ¥517,500 ¥1,489,900 spearheaded dozens of major develop- Outlays ...... ¥30,200 ¥517,500 ¥1,489,900 vision due to interactions and other ef- Revised Allocation: ment and public infrastructure projects fects that are estimated simulta- Budget Authority ¥960,299 ¥6,531,783 ¥16,758,675 including the new Klickitat inter- Outlays ...... ¥914,818 ¥6,404,658 ¥16,438,926 neously. change, the Tukwila South Develop- The adjustments that I filed on Tues- f ment Agreement, opening the LINK day, December 2, 2015, are now void and TRIBUTE TO PATRICIA Light Rail Station in Tukwila, the replaced by these new adjustments. GEADELMANN South Park Bridge, a permanent I ask unanimous consent that the ac- Tukwila Commuter Rail and Amtrak companying tables, which provide de- Mr. GRASSLEY. Mr. President, I Station, the Southcenter Parkway, and tails about the adjustment, be printed would like to take a moment to pay the redevelopment of Interurban Ave- in the RECORD. tribute to a friend of mine, Patricia nue. Mayor Haggerton fought to rede- There being no objection, the mate- Geadelmann. Pat serves as special as- velop neglected and crime-ridden prop- rial was ordered to be printed in the sistant to the president for board and erty along Tukwila International Bou- RECORD, as follows: governmental relations at the Univer- levard, which culminated in the sity of Northern Iowa, my alma mater. Tukwila Village Development Agree- BUDGET AGGREGATES Pat is retiring in January after more ment. Additionally, Mr. Haggerton BUDGET AUTHORITY AND OUTLAYS than 43 years at the university. fiercely advocated to fund new (Pursuant to Section 311 of the Congressional Budget Act of 1974 and Sec- She began her career teaching phys- crimefighting initiatives and led ef- tion 4305 of S.Con. Res 11, the Concurrent Resolution on the Budget for ical education and health at the Mal- Fiscal Year 2016) forts to build sports and recreational colm Price Laboratory School and facilities in Tukwila. Throughout his $ Millions 2016 achieved the rank of professor. Since career, I was consistently impressed 1984, she has served in the UNI admin- Current Aggregates:* with Mayor Haggerton’s commitment Spending: istration under four different presi- and contributions to the local commu- Budget Authority ...... 3,033,488 dents. In fact, in total, Pat has worked Outlays ...... 3,091,974 nity. Adjustments: at UNI under 5 of the 10 presidents the Ms. CANTWELL. Mr. President, I Spending: university has had. Before that, she Budget Authority ...... ¥32,200 join my colleague Senator MURRAY in Outlays ...... ¥32,300 was an undergraduate student at the commemorating Mayor Haggerton’s 30 Revised Aggregates: university. Spending: years of public service. As mayor, Mr. Budget Authority ...... 3,001,288 Her experience and her knowledge of Haggerton led the effort to develop and Outlays ...... 3,059,674 the University of Northern Iowa is un- adopt Tukwila’s first strategic plan,

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.073 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8374 CONGRESSIONAL RECORD — SENATE December 3, 2015 providing a clear vision for economic ber 2007 that the CIA had previously fense Authorization Act that will pre- development in the city. Mayor destroyed interrogation videotapes vent the future use of coercive interro- Haggerton was also among the first to that showed the brutal treatment and gation techniques or indefinite, secret offer regional assistance to the Oso, questioning of two detainees, Abu detention in the future. Arlington, and Darrington commu- Zubaydah and Abd al-Rahim al- While Dan is known most for his nities following the devastating State Nashiri. Then-Chairman Jay Rocke- leadership on the CIA detention and in- Route 530 mudslide in 2014. Throughout feller assigned Dan and fellow staffer terrogation review, his public service his tenure, Mayor Haggerton has Alissa Starzak to review the CIA cables doesn’t end there. Before his Federal served on multiple regional and na- describing those interrogation sessions. service, Dan taught for Teach for tional boards and always carried out For the next several months, Dan America in an inner-city school in Bal- his job with a passion for and commit- worked at his full-time job at the com- timore, MD, and he has served on the ment to helping others. mittee while also working nights and board of his alma mater, Elizabethtown As our constituents in Washington weekends at CIA headquarters, poring College. His dedication to service is State know, Mr. Haggerton had a gen- through the cables. also demonstrated by his two master’s uine interest in learning about the The report that he and Alissa pro- degrees, a master’s of public policy issues facing those he was elected to duced in early 2009 was graphic, and it from the Kennedy School of Govern- serve. He has been an integral leader in was shocking. It demonstrated in docu- ment and a master’s of arts in teaching Tukwila and played a critical role in mented fact and in the CIA’s own from Johns Hopkins. shaping the city’s history. I have no words treatment by the U.S. Govern- I want to use this opportunity to doubt that Mr. Haggerton’s work in ment that stood in contrast to our val- thank Dan Jones for his indispensable Tukwila and the greater Puget Sound ues and to what the committee had work over the past 9 years and to wish region will have a lasting impact on previously been led to believe. The re- him the very best as he moves on to fu- generations for years to come. port sparked a comprehensive inves- ture endeavors. Mrs. MURRAY. Mr. President, to- tigation by the committee, with a 14–1 gether Senator CANTWELL and I com- vote in March 2009, that Dan led and f mend Mayor Haggerton for his long- then saw through to its completion. TRIBUTE TO LEFFRICH ‘‘TIM’’ standing dedication to public service. While carrying out the investigation MAYO, SR. Over the past 30 years, Mayor into the CIA program, Dan also co-led Mr. SESSIONS: Mr. President, today Haggerton has always been an unwav- the committee’s investigation into the I wish to say goodbye to one of the ering partner for the citizens of attempted bombing of Northwest great members of the staff of this insti- Tukwila, available with a friendly Flight 253 over Detroit on Christmas tution, Leffrich ‘‘Tim’’ Mayo, an excep- smile and positive attitude. We express Day 2009 by Umar Farouk tional individual with a deep devotion our sincere gratitude, respect, and ap- Abdulmutallab. Five months later, the to the Senate, who retired from service preciation to Mr. Jim Haggerton for committee produced a bipartisan re- on December 3, 2015, after over 35 years his service to the city and residents of port that found 14 specific points of of service. Tukwila, South King County, and the failure that resulted in Abdulmutallab Tim, who some called ‘‘Mayo’’, began State of Washington and for his friend- being able to board the flight and at- working at the U.S. Capitol in May of ship and partnership as we have tempt to detonate his explosive device 1979 as a bus boy in the Senators dining worked with him in Washington, DC, at the direction of al-Qaida in the Ara- room on the recommendation of a on behalf of the people of the great bian Peninsula. The report also made friend, the late Lawrence Green. Fol- State of Washington. both classified and unclassified rec- lowing that position, he held many po- f ommendations to improve our counter- sitions in the Russell Building coffee terrorism efforts. TRIBUTE TO DANIEL J. JONES shop, Senate labor division, and finally But back to the investigation on the Mrs. FEINSTEIN. Mr. President, I in the Architect of the Capitol’s fur- CIA Detention and Interrogation Pro- wish to praise today the work of Mr. niture division. gram—to say that Dan worked dili- Daniel Jones, a member of the Senate Tim really enjoyed working with gently on this study is a gross under- Intelligence Committee staff, who is Senators and their staff. He was excep- statement. He, along with other com- leaving the Senate tomorrow. tional at finding the perfect pieces of mittee staff, worked day and night, Many of us enter public service for furniture that would fit the needs of often 7 days a week, from 2009 through the simple goal of making a difference. Members and staff alike. If he knew December 2012. He became an expert in After knowing Dan for 9 years, I can you were looking for something in par- one of the most unfortunate activities say that he is one of the few people ticular, he would search the ware- in the history of our intelligence com- working here on Capitol Hill who has houses until he found it. He knew every munity, going through more than 6 helped make history. Without his inde- office and their styles and needs. million pages of materials produced for fatigable work on the Intelligence Tim would always greet you with a the study, as well as immersing himself Committee staff, the Senate report on smile and a big hello. He was willing to in the anti-torture provisions in U.S. the CIA’s Detention and Interrogation help others no matter what the task or law, as well as human rights materials, Program would not have been com- situation. Nothing was too challenging and the background of other similar pleted, nor would its executive sum- or difficult for him. He got great pleas- historic Senate investigations. mary have been released to the public, ure out of meeting new staff, visitors, Throughout this period, Dan regularly an effort that led to the recent passage and people from all over the world. briefed me on the team’s findings. Each of critically important and long over- We will all miss Tim’s smiling face time, I noted the obvious toll that this due anti-torture legislation. and eager assistance in the Halls of the was taking on him physically, but he Dan came to the Intelligence Com- Senate, but also wish him the best as always remained committed to con- mittee in January 2007 from the Fed- he moves on to bigger and better cluding the report. eral Bureau of Investigation, where he things in his retirement. Thank you, served as an intelligence analyst. In his From the end of 2012 through the end Mayo. first 2 years on the staff, he played a of 2014, Dan stewarded the report key role in overseeing counterterror- through two bipartisan committee f votes, a lengthy period of review and ism efforts and the FBI’s transition ADDITIONAL STATEMENTS from a pure law enforcement agency to meetings with the CIA, and an 8-month an intelligence agency—a transition long redaction review leading to the re- that has proven instrumental to the lease of the executive summary of the ∑ Mr. DAINES. Mr. President, I want Bureau’s ability to identify and thwart study on December 9, 2014. He then to recognize Rick Young, a proud vet- numerous terrorist attacks over the played a key role in enacting reforms eran from Forsyth, MT. Montana is past several years. following the release of the executive blessed with a rich legacy of service, However, his service and focus shift- summary, in particular the passage of and it is my honor to recognize not ed following the revelation in Decem- a provision in this year’s National De- only Rick’s service to our country, but

VerDate Sep 11 2014 07:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.052 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8375 his work to make quality health care vision for Charleston into reality. We call him a fellow Nevadan, and I ask accessible for all Montana veterans. are all better because of his service.∑ my colleagues to join me today in rec- Rick proudly served our country as a f ognizing Mr. Koester for his years of marine from January 1971 to January service and in congratulating him on TRIBUTE TO PAUL KOESTER 1975. Unfortunately, his current illness his retirement. I wish him well in all of requires constant care and attention. ∑ Mr. HELLER. Mr. President, today I his future endeavors.∑ His wife, Sharon, long served as his pri- wish to congratulate Paul Koester on f mary round-the-clock caretaker and his retirement after over 41 years of was confined to their home due to service to the U.S. Air Force. It gives CONGRATULATING BILL LANDON Rick’s condition, which required an ex- me great pleasure to recognize his ∑ Mr. HELLER. Mr. President, today I ternal ventilator to breathe at all years of dedication to protecting our wish to congratulate Bill Landon on re- times. Eventually his needs surpassed country and our State. ceiving the 2015 Air and Surface Trans- his ability to stay home, and he had to Mr. Koester grew up in Colorado port Nurses Association Lynn Stevens move into a long-term care facility. Springs, CO, and later enlisted in the Excellence in Safety Award. It gives While Rick was still at home, the U.S. Air Force in 1974 with the inten- me great pleasure to see him receive Rosebud Health Care Center, RHCC, fa- tion of serving 4 years as a jet engine this prestigious award after years of cility initiated a contract with the De- mechanic. During his time in basic hard work within northern Nevada. partment of Veterans Affairs, VA, to be training, he decided to change course In 1998, Mr. Landon began his air am- able to provide care and services to and test to become a pararescue air- bulance career in Greeley, CO. In 2003, veterans in its long-term care unit. man. After successfully passing his he joined Care Flight in Reno and has The previous aging and resource center training, he spent the next 4 years at since served as safety and training co- for Rosebud County was in Glendive, Elmendorf Air Force Base in Alaska as ordinator and flight paramedic. During MT, about 1 hour and 40 minutes away part of the 71st Aerospace Rescue and his time at Care Flight, he has been a from Rick’s home in Forsyth, MT. Recovery Squadron. During his time key contributor in the founding of a Thankfully, RHCC received approval serving in this squadron, he was cred- formalized safety committee, which from the VA to provide care services ited with saving over 75 lives. meets twice a month and is comprised close to home for Rick on November 1, From 1980 to 1986, Mr. Koester served of medical flight staff pilots, air com- 2015. at McClellan Air Force Base in Cali- munication specialists, managers, and Rick’s persistence and advocacy fornia and Little Rock Air Force Base maintenance personnel. This important throughout his illness helped serve as in Arkansas. He soon after decided to committee, chaired by Mr. Landon, the catalyst for RHCC establishing a join the Air National Guard. For the works to review, develop, and imple- contract with the VA that allows for next 16 years, Mr. Koester served in the ment safety initiatives for Care Flight veterans to receive long-term care in 102nd Rescue Squadron at Francis S. and those that it serves. As chair, Mr. Forsyth. Our State has one of the larg- Gabreski Air National Guard Base in Landon spearheads important safety est populations of veterans per capita, New York. On September 11, 2001, Mr. trainings, including an annual training and Rick’s efforts have led the VA to Koester and his squadron assisted as for hospital emergency departments, create additional resources to help to first responders during the collapse of pre-hospital agencies, and ski patrols provide health care services to Mon- the World Trade Center, aiding in sav- servicing a 40,000 square mile area. His tana’s extensive veteran population. ing the lives of many victims of the at- unwavering dedication to Care Flight I am so proud to have advocates like tack. His bravery and selflessness dur- in Reno has helped provide hundreds of Rick and Sharon fighting for veterans ing this time of crisis will never be for- hours of safety and medical training in Montana. Through his inspiring gotten. needed to save lives throughout north- work to increase veterans’ access to Three weeks later, Mr. Koester was ern Nevada. His work for our State is care, Rick Young has created an deployed to the border of Kuwait and invaluable. unmatchable legacy that will leave a Iraq to serve as part of Operation The Lynn Steven’s Excellence in lasting mark on our State. Keep fight- Southern Watch. Following his return Safety Award goes to individuals who ing, Rick. I am rooting for you.∑ from this mission, Mr. Koester made have gone above and beyond in the f the decision to resume Active Duty and transportation community to promote was sent to Nellis Air Force Base in safety awareness. This accolade is TRIBUTE TO MAYOR JOE RILEY 2003 as part of the 58th Rescue Squad- truly prestigious and attained by only ∑ Mr. GRAHAM. Mr. President, I wish ron. He concluded his service with this the most influential members in this to speak today about Mayor Joe Riley, unit after 12 years of service. At his community. Since 1981, Care Flight has who is retiring after decades of service 60th birthday celebration, Mr. Koester served northern Nevada’s health orga- to the people of Charleston, SC. was recognized as the oldest enlisted nizations as an important resource for Simply put, Joe Riley is one of the member actively serving in the Air transportation with flight paramedics best mayors in America and a living Force and the longest serving and pilots to respond to a variety of legend in South Carolina political his- pararescue airman with 13 deployments medical emergencies. Our State is for- tory. He is a hard-working, dedicated throughout his career. Our country and tunate to have someone like Mr. public servant who has spent most of the Silver State are fortunate to have Landon serving Care Flight and its his adult life serving the people of had someone of such dedication serving safety initiatives. Charleston. I have never known anyone to protect our freedoms. Throughout his tenure, Mr. Landon who loves their job more than he. As a member of the Senate Veterans’ has demonstrated professionalism, Years ago, Mayor Riley came into of- Affairs Committee, I have had no commitment to excellence, and dedica- fice with a vision for Charleston, but greater honor than the opportunity to tion to his trade. I am honored by his like all great leaders, he understood he engage with the men and women who service and am proud to call him a fel- couldn’t do it alone. He went to work served in our Nation’s military. I rec- low Nevadan. Today, I ask all of my doing what he does best—bringing peo- ognize Congress has a responsibility colleagues to join me in congratulating ple together for the common good. not only to honor the brave individuals Mr. Landon on receiving this award, Now, as he retires from serving as who serve our Nation, but also to en- and I extend my deepest appreciation mayor of the city he loves, the revital- sure they are cared for when they re- for all that he has done for many ization of this historic city is abso- turn home. I remain committed to up- across northern Nevada. I offer him my lutely stunning. Thanks to his years of holding this promise for veterans like best wishes in his role as safety and service, Charleston is now recognized Mr. Koester in Nevada and throughout training coordinator in the future.∑ as one of the best destinations to visit, the Nation. f not only in the United States but in Mr. Koester has demonstrated profes- the world. sionalism, commitment to excellence, TRIBUTE TO KRISTI BLACKLER Joe Riley will go down in history as and dedication to the highest standards ∑ Mr. ROUNDS. Mr. President, today I a transformative mayor who turned his of the U.S. Air Force. I am proud to recognize Kristi Blackler, an

VerDate Sep 11 2014 07:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.033 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8376 CONGRESSIONAL RECORD — SENATE December 3, 2015 intern in my Washington, DC, office, promote conservation of such impor- Mrs. Cole, one of its reading clerks, an- for all of the hard work she has done tant natural assets. nounced that the Speaker has signed for me, my staff, and the State of Congress agreed. In 2016, Sea Grant the following enrolled bill and joint South Dakota. will celebrate 50 years of good work on resolutions: Kristi is a graduate of Stevens High behalf of our oceans and Great Lakes. S. 1170. An act to amend title 39, United School in Rapid City, SD. Currently, In recognition of his vision and leader- States Code, to extend the authority of the she is attending the University of ship in forming Sea Grant, NOAA United States Postal Service to issue a South Dakota, where she is majoring named one of its most prestigious fel- semipostal to raise funds for breast cancer in international studies and political lowships in his honor—the NOAA Sea research, and for other purposes. science. She is a positive and diligent Grant John A. Knauss Marine Policy S.J. Res. 23. Joint resolution providing for congressional disapproval under chapter 8 of worker who has been devoted to get- Fellowship. Every year, around 50 of the Nation’s top graduate and post- title 5, United States Code, of a rule sub- ting the most out of her internship ex- mitted by the Environmental Protection perience. graduate students are selected for Agency relating to ‘‘Standards of Perform- I extend my sincere thanks and ap- Knauss fellowships to spend a year ance for Greenhouse Gas Emissions from preciation to Kristi for all of the fine working on marine and coastal policy New, Modified, and Reconstructed Sta- work she has done and wish her contin- issues for the Federal agencies and con- tionary Sources: Electric Utility Generating ued success in the years to come.∑ gressional offices in Washington, DC. Units’’. S.J. Res. 24. Joint resolution providing for f Two Knauss fellows, Adena Leibman and Anna-Marie Laura, have worked in congressional disapproval under chapter 8 of TRIBUTE TO SOPHIE DOEDEN my Senate office, helping shape na- title 5, United States Code, of a rule sub- ∑ tional oceans policy. mitted by the Environmental Protection Mr. ROUNDS. Mr. President, today I Agency relating to ‘‘Carbon Pollution Emis- recognize Sophie Doeden, an intern in But perhaps his most significant sion Guidelines for Existing Stationary my Washington, DC, office, for all of achievement is the Graduate School of Sources: Electric Generating Units’’. Oceanography, GSO, at the University the hard work she has done for me, my The enrolled bill and joint resolu- of Rhode Island. John founded the GSO staff, and the State of South Dakota. tions were subsequently signed by the in 1962, served as its dean for over 25 Sophie is a graduate of Beresford President pro tempore (Mr. HATCH). High School in Beresford, SD. Cur- years, and built it into an inter- rently, she is attending Northern State national leader in marine research. At 10:34 a.m., a message from the University in Aberdeen, SD, where she Today, sitting atop a bluff overlooking House of Representatives, delivered by is majoring in political science and Rhode Island’s beautiful Narragansett Mrs. Cole, one of its reading clerks, an- minoring in history and economics. Bay, the GSO is home to 41 faculty and nounced that the House has agreed to She is a hard worker who has been 170 graduate students engaged in cut- the report of the committee of con- dedicated to getting the most out of ting-edge oceanographic science and ference on the disagreeing votes of the pursuing degrees across a range of spe- her internship experience and who has two Houses on the amendment of the cialties, including the country’s first been a true asset to the office. House of Representatives to the bill (S. marine affairs and ocean engineering I extend my sincere thanks and ap- 1177) to reauthorize the Elementary programs. It is a true Rhode Island preciation to Sophie for all of the fine and Secondary Education Act of 1965 to treasure, one we should continue in- work she has done and wish her contin- ensure that every child achieves. vesting in, and a testament to Dean ued success in the years to come.∑ The message also announced that the Knauss’s leadership and commitment f House insists upon its amendment to to our oceans. REMEMBERING DR. JOHN A. Easily lost among his accomplish- the amendment of the Senate to the KNAUSS ments in founding and leading ocean bill (H.R. 644) to reauthorize trade fa- cilitation and trade enforcement func- ∑ research institutions are his personal Mr. WHITEHOUSE. Mr. President, tions and activities, and for other pur- recently the oceans lost one of their contributions to oceanography. In his dissertation for the Scripps Institution poses, agreed to the conference asked greatest champions. With the passing by the Senate on the disagreeing votes of Dr. John A. Knauss, Rhode Island of Oceanography, John was the first to make comprehensive measurements of of the two Houses thereon, and on De- has lost a beloved teacher, a visionary cember 2, 2015, appoints Mr. BRADY of leader, and a brilliant scientist. We the Pacific Equatorial Undercurrent—a current that runs for thousands of Texas, Mr. REICHERT, Mr. TIBERI, Mr. will all miss him a great deal. LEVIN, and Ms. LINDA T. SA´ NCHEZ of John’s accomplishments are too miles beneath the surface of the Pa- cific Ocean. He later discovered an- California, as managers of the con- many to list, but I will note a few. ference on the part of the House. In 1966, Dr. Knauss was named to the other major current in the Indian Commission on Marine Science, Engi- Ocean. John will be remembered for his At 1:55 p.m., a message from the neering, and Resources, where he and collegiality and gift for collaboration House of Representatives, delivered by his colleagues recommended that Con- among the administrators, faculty, Mrs. Cole, one of its reading clerks, an- gress form a new and independent Fed- students, and other researchers and nounced that the House has agreed to eral agency to advance marine and at- ocean-minded professionals that he the report of the committee of con- mospheric sciences and better under- touched. Like the currents he studied, ference on the disagreeing votes of the stand our oceans, coastlines, and Great connecting vast oceans in one system, two Houses on the amendment of the Lakes. That agency became the Na- the institutions and programs he cre- House of Representatives to the tional Oceanic and Atmospheric Ad- ated and led bind together leading amendment of the Senate to the bill ministration, which conducts some of minds in ocean science, bettering our (H.R. 22) to authorize funds for Fed- the most important ocean science in understanding of our ocean world and eral-aid highways, highway safety pro- the world and where John served as Ad- how important it is to us. grams, and transit programs, and for ministrator from 1989 to 1993. I offer my and Sandra’s condolences other purposes. Along with Rhode Island Senator to the Knauss family, to the marine f Claiborne Pell and Dr. Athelstan science community, and to the count- MEASURES READ THE FIRST TIME Spilhaus, Dr. Knauss developed the Na- less people John Knauss taught, tional Sea Grant College Program. mentored, and inspired through the The following bill was read the first Their model was the country’s land years.∑ time: grant college system—century-old cen- f S. 2359. A bill to restore Second Amend- ters of learning that promote better ment rights in the District of Columbia. MESSAGES FROM THE HOUSE use of America’s vast resources of land. f Pell and Knauss thought that surely ENROLLED BILL AND JOINT RESOLUTIONS our oceans and Great Lakes needed a SIGNED ENROLLED BILL PRESENTED similar network of institutions to con- At 9:32 a.m., a message from the The Secretary of the Senate reported duct coastal and marine science and House of Representatives, delivered by that on today, December 3, 2015, she

VerDate Sep 11 2014 07:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.005 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8377 had presented to the President of the November 30, 2015; to the Committee on Fi- suant to law, the Semiannual Report of the United States the following enrolled nance. Inspector General and the Corporation for bill: EC–3648. A communication from the Assist- National and Community Service’s Response ant Legal Adviser for Treaty Affairs, Depart- and Report on Final Action for the period S. 1170. An act to amend title 39, United ment of State, transmitting, pursuant to the from April 1, 2015 through September 30, 2015; States Code, to extend the authority of the Case-Zablocki Act, 1 U.S.C. 112b, as amended, to the Committee on Homeland Security and United States Postal Service to issue a the report of the texts and background state- Governmental Affairs. semipostal to raise funds for breast cancer ments of international agreements, other EC–3659. A communication from the Sec- research, and for other purposes. than treaties (List 2015–0150—2015–0165); to retary of Health and Human Services, trans- f the Committee on Foreign Relations. mitting, pursuant to law, the Department’s EC–3649. A communication from Director, EXECUTIVE AND OTHER Semiannual Report of the Inspector General Office of Government Relations, Corporation for the period from April 1, 2015 through Sep- COMMUNICATIONS for National and Community Service, trans- tember 30, 2015; to the Committee on Home- The following communications were mitting, pursuant to law, the report of a rule land Security and Governmental Affairs. laid before the Senate, together with entitled ‘‘Implementation of the Uniform EC–3660. A communication from the Ad- accompanying papers, reports, and doc- Administrative Requirements, Cost Prin- ministrator of the General Services Adminis- uments, and were referred as indicated: ciples, and Audit Requirements for Federal tration, transmitting, pursuant to law, the Awards’’ (RIN3045–AA61) received in the Of- Administrator’s Semiannual Management EC–3641. A communication from the Chair, fice of the President of the Senate on No- Report to Congress for the period from April Securities and Exchange Commission, trans- vember 30, 2015; to the Committee on Health, 1, 2015 through September 30, 2015; to the mitting, pursuant to law, the 2014 Annual Education, Labor, and Pensions. Committee on Homeland Security and Gov- Report of the Securities Investor Protection EC–3650. A communication from the Assist- ernmental Affairs. Corporation (SIPC); to the Committee on ant Secretary, Legislative Affairs, Depart- EC–3661. A communication from the Acting Banking, Housing, and Urban Affairs. ment of State, transmitting, pursuant to Administrator of the U.S. Agency for Inter- EC–3642. A communication from the Prin- law, a report relative to section 36(c) of the national Development, transmitting, pursu- cipal Deputy Assistant Secretary for Fish Arms Export Control Act (DDTC 15–049); to ant to law, the Semiannual Report of the In- and Wildlife and Parks, National Park Serv- the Committee on Foreign Relations. spector General for the period from April 1, ice, Department of the Interior, transmit- EC–3651. A communication from the Assist- 2015 through September 30, 2015; to the Com- ting, pursuant to law, the report of a rule en- ant Secretary, Legislative Affairs, Depart- mittee on Homeland Security and Govern- titled ‘‘Special Regulations, Areas of the Na- ment of State, transmitting, pursuant to mental Affairs. tional Park System, Lake Chelan National law, a report relative to section 36(c) of the EC–3662. A communication from the Chair- Recreation Area, Solid Waste Disposal’’ Arms Export Control Act (DDTC 15–060); to man, Consumer Product Safety Commission, (RIN1024–AE09) received during adjournment the Committee on Foreign Relations. transmitting, pursuant to law, the Agency of the Senate in the Office of the President EC–3652. A communication from the Sec- Financial Report for fiscal year 2015; to the of the Senate on November 24, 2015; to the retary of Agriculture, transmitting, pursu- Committee on Homeland Security and Gov- Committee on Energy and Natural Re- ant to law, the Semiannual Report of the In- ernmental Affairs. sources. spector General for the period from April 1, EC–3663. A communication from the Chair- EC–3643. A communication from the Chief 2015 through September 30, 2015; to the Com- woman of the Federal Trade Commission, of the Branch of Recovery and State Grants, mittee on Homeland Security and Govern- transmitting, pursuant to law, the Semi- Fish and Wildlife Service, Department of the mental Affairs. annual Report of the Inspector General for Interior, transmitting, pursuant to law, the EC–3653. A communication from the Asso- the period from April 1, 2015 through Sep- report of a rule entitled ‘‘Endangered and ciate Administrator, Office of Congressional tember 30, 2015; to the Committee on Home- Threatened Wildlife and Plants; Removal of and Legislative Affairs, Small Business Ad- land Security and Governmental Affairs. the Delmarva Peninsula Fox Squirrel From ministration, transmitting, pursuant to law, EC–3664. A communication from the Direc- the List of Endangered and Threatened Wild- the Uniform Resource Locator (URL) for the tor, U.S. Trade and Development Agency, life’’ (RIN1018–AY83) received in the Office of Administration’s fiscal year 2015 Agency Fi- transmitting, pursuant to law, the Agency’s the President of the Senate on November 30, nancial Report; to the Committee on Home- Performance and Accountability Report for 2015; to the Committee on Environment and land Security and Governmental Affairs. fiscal year 2015; to the Committee on Home- Public Works. EC–3654. A communication from the Assist- land Security and Governmental Affairs. EC–3644. A communication from the Chief ant Secretary for Legislative Affairs, De- EC–3665. A communication from the Assist- of the Publications and Regulations Branch, partment of Homeland Security, transmit- ant Attorney General, Office of Legislative Internal Revenue Service, Department of the ting, pursuant to law, a report entitled ‘‘De- Affairs, Department of Justice, transmit- Treasury, transmitting, pursuant to law, the partment of Homeland Security Privacy Of- ting, a report of proposed legislation entitled report of a rule entitled ‘‘Increase in De fice 2015 Annual Report to Congress’’; to the ‘‘Servicemembers Legislative Package’’; to Minimis Safe Harbor Limit for Taxpayers Committee on Homeland Security and Gov- the Committee on Veterans’ Affairs. Without an Applicable Financial Statement’’ ernmental Affairs. EC–3666. A communication from the Assist- (Notice 2015–82) received in the Office of the EC–3655. A communication from the Acting ant Secretary, Legislative Affairs, Depart- President of the Senate on November 30, Director, Pay and Leave, Office of Personnel ment of State, transmitting, pursuant to 2015; to the Committee on Finance . Management, transmitting, pursuant to law, law, a report relative to section 36(c) of the EC–3645. A communication from the Chief the report of a rule entitled ‘‘General Sched- Arms Export Control Act (DDTC 15–092); to of the Publications and Regulations Branch, ule Locality Pay Areas’’ (RIN3206–AM88) re- the Committee on Foreign Relations. Internal Revenue Service, Department of the ceived during adjournment of the Senate in EC–3667. A communication from the Assist- Treasury, transmitting, pursuant to law, the the Office of the President of the Senate on ant Secretary, Legislative Affairs, Depart- report of a rule entitled ‘‘Additional Rules November 24, 2015; to the Committee on ment of State, transmitting, pursuant to Regarding Inversions and Related Trans- Homeland Security and Governmental Af- law, a report relative to section 36(c) of the actions’’ (Notice 2015–79) received in the Of- fairs. Arms Export Control Act (DDTC 15–106); to fice of the President of the Senate on No- EC–3656. A communication from the Board the Committee on Foreign Relations. vember 30, 2015; to the Committee on Fi- Chair and Chief Executive Officer, Farm EC–3668. A communication from the Man- nance. Credit Administration, transmitting, pursu- agement and Program Analyst, Federal EC–3646. A communication from the Chief ant to law, the Administration’s Semiannual Aviation Administration, Department of of the Publications and Regulations Branch, Report of the Inspector General and the Transportation, transmitting, pursuant to Internal Revenue Service, Department of the Semiannual Management Report on the Sta- law, the report of a rule entitled ‘‘Airworthi- Treasury, transmitting, pursuant to law, the tus of Audits for the period from April 1, 2015 ness Directives; Airbus Airplanes’’ ((RIN2120– report of a rule entitled ‘‘Publication of the through September 30, 2015; to the Com- AA64) (Docket No . FAA–2015–2461)) received Tier 2 Tax Rates’’ (Railroad Retirement Tax mittee on Homeland Security and Govern- in the Office of the President of the Senate Act sections 3201(b), 3221(b), and 3211(b)) re- mental Affairs. on November 30, 2015; to the Committee on ceived in the Office of the President of the EC–3657. A communication from the Chief Commerce, Science, and Transportation. Senate on November 30, 2015; to the Com- Executive Officer, Millennium Challenge EC–3669. A communication from the Man- mittee on Finance. Corporation, transmitting, pursuant to law, agement and Program Analyst, Federal EC–3647. A communication from the Chief the Office of Inspector General’s Semiannual Aviation Administration, Department of of the Publications and Regulations Branch, Report for the period of April 1, 2015 through Transportation, transmitting, pursuant to Internal Revenue Service, Department of the September 30, 2015, and the Millennium Chal- law, the report of a rule entitled ‘‘Airworthi- Treasury, transmitting, pursuant to law, the lenge Corporation’s response; to the Com- ness Directives; The Boeing Company Air- report of a rule entitled ‘‘Interim Guidance mittee on Homeland Security and Govern- planes’’ ((RIN2120–AA64) (Docket No. FAA– Regarding Certain Provisions of the Pro- mental Affairs. 2015–4207)) received in the Office of the Presi- posed Regulations Relating to Qualified EC–3658. A communication from the Chief dent of the Senate on November 30, 2015; to ABLE Programs’’ (Notice 2015–81) received in Executive Officer, Corporation for National the Committee on Commerce, Science, and the Office of the President of the Senate on and Community Service, transmitting, pur- Transportation.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.026 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8378 CONGRESSIONAL RECORD — SENATE December 3, 2015 EC–3670. A communication from the Man- PETITIONS AND MEMORIALS S. 1704. A bill to amend the Indian Tribal agement and Program Analyst, Federal Justice Act to secure urgent resources vital Aviation Administration, Department of The following petition or memorial to Indian victims of crime, and for other pur- Transportation, transmitting, pursuant to was laid before the Senate and was re- poses (Rept. No. 114–172). law, the report of a rule entitled ‘‘Airworthi- ferred or ordered to lie on the table as By Mr. ALEXANDER, from the Committee ness Directives; The Boeing Company Air- indicated: on Health, Education, Labor, and Pensions, planes’’ ((RIN2120–AA64) (Docket No. FAA– POM–108. A resolution adopted by the Sen- with an amendment in the nature of a sub- 2015–4205)) received in the Office of the Presi- ate of the State of Michigan urging the stitute: dent of the Senate on November 30, 2015; to President of the United States and United H.R. 2820. A bill to reauthorize the Stem the Committee on Commerce, Science, and States Congress and the United States Office Cell Therapeutic and Research Act of 2005, Transportation. of Management and Budget to support plans and for other purposes. EC–3671. A communication from the Man- to upgrade the Soo Locks at Sault Ste. By Mr. VITTER, from the Committee on agement and Program Analyst, Federal Marie, Michigan, and approve the United Small Business and Entrepreneurship, with Aviation Administration, Department of States Army Corps of Engineers’ reprogram- an amendment in the nature of a substitute: Transportation, transmitting, pursuant to ming request to fund an Economic Reevalua- S. 2136. A bill to establish the Regional law, the report of a rule entitled ‘‘Airworthi- tion Report for replacing the Davis and SBIR State Collaborative Initiative Pilot ness Directives; The Boeing Company Air- Sabin locks; to the Committee on Environ- Program, and for other purposes. planes’’ ((RIN2120–AA64) (Docket No. FAA– ment and Public Works. f 2015–0498)) received in the Office of the Presi- SENATE RESOLUTION NO. 105 dent of the Senate on November 30, 2015; to INTRODUCTION OF BILLS AND the Committee on Commerce, Science, and Whereas, The Soo Locks at Sault Ste. JOINT RESOLUTIONS Transportation. Marie, Michigan, are of the utmost impor- EC–3672. A communication from the Man- tance to Michigan and play a critical role in The following bills and joint resolu- agement and Program Analyst, Federal our nation’s economy and security. Each tions were introduced, read the first Aviation Administration, Department of year, approximately 10,000 Great Lakes ves- and second times by unanimous con- Transportation, transmitting, pursuant to sels, carrying 80 million tons of iron ore, sent, and referred as indicated: law, the report of a rule entitled ‘‘Airworthi- coal, grain, and other cargo, safely and effi- By Mr. WHITEHOUSE: ness Directives; The Boeing Company Air- ciently traverse the locks. Nearly 80 percent S. 2347. A bill to extend temporarily the ex- planes’’ ((RIN2120–AA64) (Docket No. FAA– of domestic iron ore, the primary material tended period of protection for members of 2014–0649)) received in the Office of the Presi- used to manufacture steel, travels from uniformed services relating to mortgages, dent of the Senate on November 30, 2015; to mines in Minnesota and Michigan’s Upper mortgage foreclosure, and eviction, and for the Committee on Commerce, Science, and Peninsula through the Soo Locks; and other purposes; to the Committee on Vet- Transportation. Whereas, Only one of the four Soo Locks is EC–3673. A communication from the Man- large enough to accommodate the modern erans’ Affairs. agement and Program Analyst, Federal vessels that commonly traverse the Great By Mr. HATCH (for himself, Mrs. FEIN- Aviation Administration, Department of Lakes. Seventy percent of cargo is carried on STEIN, Mr. LEE, and Mrs. GILLI- Transportation, transmitting, pursuant to these large ships that can only pass through BRAND): law, the report of a rule entitled ‘‘Airworthi- the Poe Lock. The remainder of cargo goes S. 2348. A bill to implement the use of ness Directives; The Boeing Company Air- through the smaller MacArthur Lock, with Rapid DNA instruments to inform decisions planes’’ ((RIN2120–AA64) (Docket No. FAA– the smallest 100-year-old Davis and Sabin about pretrial release or detention and their 2014–0454)) received in the Office of the Presi- locks rarely used; and conditions, to solve and prevent violent dent of the Senate on November 30, 2015; to Whereas, The reliance on one lock poses a crimes and other crimes, to exonerate the in- the Committee on Commerce, Science, and serious risk to national security and the nocent, to prevent DNA analysis backlogs, Transportation. economies of the state of Michigan and the and for other purposes; to the Committee on EC–3674. A communication from the Man- United States. A long-term outage of the Poe the Judiciary. agement and Program Analyst, Federal Lock due to lock failure or terrorist attack By Mr. HELLER: Aviation Administration, Department of could cripple the economy and disrupt steel S. 2349. A bill to amend title XVIII of the Transportation, transmitting, pursuant to production in the United States. It is esti- Social Security Act to require the annual re- law, the report of a rule entitled ‘‘Airworthi- mated that a 30-day outage would result in porting of data on enrollment in Medicare ness Directives; Rolls Royce plc Turbofan economic losses of $160 million; and Advantage plans; to the Committee on Fi- Engines’’ ((RIN2120–AA64) (Docket No. FAA– Whereas, Upgrades to the Soo Locks are nance. 2015–0593)) received in the Office of the Presi- needed to ensure national security and un- By Mr. PAUL: dent of the Senate on November 30, 2015; to fettered commerce through the Great Lakes. S. 2350. A bill to amend the Internal Rev- the Committee on Commerce, Science, and To this end, the U.S. Army Corps of Engi- enue Code of 1986 to provide for full expens- Transportation. neers has requested funding to conduct a ing of tangible property; to the Committee EC–3675. A communication from the Man- study crucial to moving forward with the on Finance. agement and Program Analyst, Federal construction of a second, large lock. The By Mr. ISAKSON: Aviation Administration, Department of Economic Reevaluation Report would exam- S. 2351. A bill to amend title XVIII of the Transportation, transmitting, pursuant to ine the economic benefits and costs of re- Social Security Act to extend the annual law, the report of a rule entitled ‘‘Amend- placing the Davis and Sabin locks with a comment period for payment rates under ment of Class E Airspace for the following lock similar in size to the current Poe Lock: Medicare Advantage; to the Committee on Missouri Towns: Chillicothe, MO; Cuba, MO; Now, therefore, be it Finance. Farmington, MO; Lamar, MO; Mountain Resolved by the Senate, That we encourage By Mr. CASEY: View, MO; Nevada, MO; and Poplar Bluff, the President and Congress of the United S. 2352. A bill to amend the Child Abuse MO’’ ((RIN2120–AA66) (Docket No. FAA–2015– States and the U.S. Office of Management Prevention and Treatment Act to require 0842)) received in the Office of the President and Budget to support plans to upgrade the mandatory reporting of incidents of child of the Senate on November 30, 2015; to the Soo Locks at Sault Ste. Marie, Michigan, abuse or neglect, and for other purposes; to Committee on Commerce, Science, and and approve the U.S. Army Corps of Engi- the Committee on Health, Education, Labor, Transportation. neers’ reprogramming request to fund an and Pensions. EC–3676. A communication from the Sec- Economic Reevaluation Report for replacing By Mr. GRASSLEY (for himself and retary of the Federal Trade Commission, the Davis and Sabin locks; and be it further Ms. CANTWELL): transmitting, pursuant to law, the Commis- Resolved, That copies of this resolution be S. 2353. A bill to amend the Internal Rev- sion’s eleventh annual report on ethanol transmitted to the President of the United enue Code of 1986 to extend and modify the market concentration; to the Committee on States, the President of the United States incentives for biodiesel; to the Committee on Commerce, Science, and Transportation. Senate, the Speaker of the United States Finance. EC–3677. A communication from the Chief House of Representatives, the members of By Mrs. FISCHER (for herself and Mr. of the Border Security Regulations Branch, the Michigan congressional delegation, and KING): Customs and Border Protection, Department the Director of the U.S. Office of Manage- S. 2354. A bill to amend the Internal Rev- of Homeland Security, transmitting, pursu- ment and Budget. enue Code of 1986 to provide a credit to em- ant to law, the report of a rule entitled ployers who provide paid family and medical ‘‘Technical Amendment to List of Field Of- f leave, and for other purposes; to the Com- fices: Expansion of San Ysidro, California REPORTS OF COMMITTEES mittee on Finance. Port of Entry to include the Cross Border By Mr. KIRK (for himself and Mr. Xpress User Fee facility’’ (CBP Dec. 15–17) The following reports of committees MANCHIN): received in the Office of the President of the were submitted: S. 2355. A bill to amend the Fair Credit Re- Senate on November 30, 2015; to the Com- By Mr. BARRASSO, from the Committee porting Act to clarify Federal law with re- mittee on Homeland Security and Govern- on Indian Affairs, with an amendment in the spect to reporting certain positive consumer mental Affairs. nature of a substitute: credit information to consumer reporting

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.029 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8379 agencies, and for other purposes; to the Com- ADDITIONAL COSPONSORS MORAN) was added as a cosponsor of S. mittee on Banking, Housing, and Urban Af- S. 236 942, a bill to amend the Internal Rev- fairs. At the request of Ms. AYOTTE, the enue Code of 1986 to provide a deduc- By Mr. KING (for himself and Mr. COT- tion from the gift tax for gifts made to TON): name of the Senator from Iowa (Mrs. certain exempt organizations. S. 2356. A bill to amend the Foreign Intel- ERNST) was added as a cosponsor of S. ligence Surveillance Act of 1978 to require an 236, a bill to amend the Pay-As-You-Go S. 1127 electronic communication service provider Act of 2010 to create an expedited pro- At the request of Mr. REED, the name that generates call detail records pursuant cedure to enact recommendations of of the Senator from Wisconsin (Ms. to an order under that Act to notify the At- the Government Accountability Office BALDWIN) was added as a cosponsor of torney General if the provider intends to re- for consolidation and elimination to S. 1127, a bill to amend the Internal tain such records for a period less than 18 reduce duplication. Revenue Code of 1986 to expand the de- months; to the Committee on the Judiciary. nial of deduction for certain excessive By Mr. WHITEHOUSE (for himself and S. 290 Mr. BLUMENTHAL): At the request of Mr. MORAN, the employee remuneration, and for other S. 2357. A bill to extend temporarily the ex- name of the Senator from Connecticut purposes. tended period of protection for members of (Mr. BLUMENTHAL) was added as a co- S. 1315 uniformed services relating to mortgages, sponsor of S. 290, a bill to amend title At the request of Mr. ENZI, the names mortgage foreclosure, and eviction, and for 38, United States Code, to improve the of the Senator from Montana (Mr. other purposes; to the Committee on Vet- accountability of employees of the De- DAINES) and the Senator from New erans’ Affairs. partment of Veterans Affairs, and for Mexico (Mr. UDALL) were added as co- By Mr. BROWN (for himself and Mr. other purposes. sponsors of S. 1315, a bill to protect the PORTMAN): S. 553 right of law-abiding citizens to trans- S. 2358. A bill to direct the Administrator of the Environmental Protection Agency to At the request of Mr. MENENDEZ, the port knives interstate, notwith- carry out a pilot program to work with mu- name of the Senator from Rhode Island standing a patchwork of local and nicipalities that are seeking to develop and (Mr. REED) was added as a cosponsor of State prohibitions. implement integrated plans to meet waste- S. 553, a bill to marshal resources to S. 1333 water and stormwater obligations under the undertake a concerted, transformative At the request of Mr. GARDNER, the Federal Water Pollution Control Act, and for effort that seeks to bring an end to name of the Senator from Missouri other purposes; to the Committee on Envi- modern slavery, and for other purposes. ronment and Public Works. (Mr. BLUNT) was added as a cosponsor S. 713 By Mr. PAUL: of S. 1333, a bill to amend the Con- At the request of Mrs. BOXER, the S. 2359. A bill to restore Second Amend- trolled Substances Act to exclude ment rights in the District of Columbia; read name of the Senator from Pennsyl- cannabidiol and cannabidiol-rich the first time. vania (Mr. CASEY) was added as a co- plants from the definition of mari- By Mr. GRAHAM (for himself, Mr. sponsor of S. 713, a bill to prevent huana, and for other purposes. COATS, Mr. HATCH, and Mrs. ERNST): international violence against women, S. 1562 S.J. Res. 26. A joint resolution to authorize and for other purposes. At the request of Mr. WYDEN, the the use of United States Armed Forces S. 865 name of the Senator from North Caro- against the Islamic State of Iraq and the Le- At the request of Mr. TESTER, the lina (Mr. BURR) was added as a cospon- vant and its associated forces; to the Com- name of the Senator from Massachu- mittee on Foreign Relations. sor of S. 1562, a bill to amend the Inter- setts (Ms. WARREN) was added as a co- nal Revenue Code of 1986 to reform tax- sponsor of S. 865, a bill to amend title ation of alcoholic beverages. f 38, United States Code, to improve the S. 1668 disability compensation evaluation At the request of Mr. GRAHAM, the SUBMISSION OF CONCURRENT AND procedure of the Secretary of Veterans name of the Senator from Colorado SENATE RESOLUTIONS Affairs for veterans with mental health (Mr. GARDNER) was added as a cospon- conditions related to military sexual The following concurrent resolutions sor of S. 1668, a bill to restore long- trauma, and for other purposes. and Senate resolutions were read, and standing United States policy that the referred (or acted upon), as indicated: S. 871 Wire Act prohibits all forms of Internet By Mr. JOHNSON (for himself, Mrs. At the request of Mr. MCCONNELL, gambling, and for other purposes. the name of the Senator from Nebraska SHAHEEN, Mr. MCCAIN, and Mr. S. 1698 INHOFE): (Mrs. FISCHER) was added as a cospon- At the request of Mr. TILLIS, the S. Res. 326. A resolution celebrating the sor of S. 871, a bill to provide for an ap- name of the Senator from California 135th anniversary of diplomatic relations be- plication process for interested parties tween the United States and Romania; to the to apply for an area to be designated as (Mrs. FEINSTEIN) was added as a co- Committee on Foreign Relations. a rural area, and for other purposes. sponsor of S. 1698, a bill to exclude pay- By Mr. BLUMENTHAL (for himself, ments from State eugenics compensa- S. 890 Mrs. SHAHEEN, Mr. BENNET, Ms. tion programs from consideration in At the request of Ms. CANTWELL, the BALDWIN, Mr. WARNER, Mr. LEAHY, determining eligibility for, or the name of the Senator from New York Mr. MARKEY, Mr. UDALL, Ms. HIRONO, amount of, Federal public benefits. Mr. SCHATZ, Mrs. GILLIBRAND, Mr. (Mrs. GILLIBRAND) was added as a co- S. 1874 FRANKEN, Mr. WHITEHOUSE, Mrs. sponsor of S. 890, a bill to amend title FEINSTEIN, Mr. CARDIN, Ms. WARREN, 54, United States Code, to provide con- At the request of Mr. HATCH, the Mr. REED, Mrs. BOXER, Mr. MENEN- sistent and reliable authority for, and name of the Senator from Idaho (Mr. DEZ, Mrs. MURRAY, Mr. COONS, Ms. for the funding of, the Land and Water CRAPO) was added as a cosponsor of S. MIKULSKI, Mr. KAINE, Mr. WYDEN, Mr. Conservation Fund to maximize the ef- 1874, a bill to provide protections for BOOKER, Mr. DURBIN, Mr. HEINRICH, fectiveness of the Fund for future gen- workers with respect to their right to Mr. SANDERS, Mr. MURPHY, Mr. SCHU- erations, and for other purposes. select or refrain from selecting rep- MER, Ms. CANTWELL, Mr. BROWN, Mr. resentation by a labor organization. CARPER, Mr. KING, Mr. TESTER, Ms. S. 928 KLOBUCHAR, and Mrs. MCCASKILL): At the request of Mrs. GILLIBRAND, S. 1909 S. Res. 327. A resolution condemning vio- the name of the Senator from Ohio At the request of Mr. LEE, the name lence that targets healthcare for women; to (Mr. PORTMAN) was added as a cospon- of the Senator from Montana (Mr. the Committee on the Judiciary. sor of S. 928, a bill to reauthorize the DAINES) was added as a cosponsor of S. By Mr. UDALL (for himself and Mrs. World Trade Center Health Program 1909, a bill to protect communities CAPITO): and the September 11th Victim Com- from destructive Federal overreach by S. Res. 328. A resolution supporting the De- pensation Fund of 2001, and for other the Department of Housing and Urban cember 3, 2015, National Day of Remem- Development. brance for victims of drunk and drugged purposes. driving and for victims of the consequences S. 942 S. 1919 of underage drinking; to the Committee on At the request of Mr. THUNE, the At the request of Mr. RUBIO, his name the Judiciary. name of the Senator from Kansas (Mr. was added as a cosponsor of S. 1919, a

VerDate Sep 11 2014 03:41 Mar 30, 2016 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD15\DEC 2015\S03DE5.REC S03DE5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8380 CONGRESSIONAL RECORD — SENATE December 3, 2015 bill to amend the Patient Protection Surveillance Act of 1978 prior to No- centive, and the Renewable Fuel and Affordable Care Act to protect vember 29, 2015, to make the authority Standard, biodiesel is providing signifi- rights of conscience with regard to re- for roving surveillance, the authority cant benefits to the nation. Domestic quirements for coverage of specific to treat individual terrorists as agents biodiesel production supports tens of items and services, to amend the Pub- of foreign powers, and title VII of the thousands of jobs. Replacing tradi- lic Health Service Act to prohibit cer- Foreign Intelligence Surveillance Act tional diesel with biodiesel reduces tain abortion-related discrimination in of 1978 permanent, and to modify the emissions and creates cleaner air. governmental activities, and for other certification requirements for access to Homegrown biodiesel improves our purposes. telephone toll and transactional energy security by diversifying our S. 2006 records by the Federal Bureau of Inves- transportation fuels and reducing our dependence on foreign oil. Biodiesel At the request of Mr. PORTMAN, the tigation, and for other purposes. name of the Senator from Iowa (Mrs. S. RES. 148 itself is a very diverse fuel. It can be produced from a wide array of re- ERNST) was added as a cosponsor of S. At the request of Mr. KIRK, the name sources such as recycled cooking oil, 2006, a bill to reform the process by of the Senator from Iowa (Mr. GRASS- soybean and other plant oils, and ani- which Federal agencies analyze and LEY) was added as a cosponsor of S. mal fats. formulate new regulations and guid- Res. 148, a resolution condemning the Senator CANTWELL and I have been ance documents. Government of Iran’s state-sponsored persecution of its Baha’i minority and advocating for years a modification to S. 2022 its continued violation of the Inter- the current incentive. We have pro- At the request of Mr. GRAHAM, the national Covenants on Human Rights. posed making the credit available for name of the Senator from Connecticut AMENDMENT NO. 2876 the domestic production of biodiesel, (Mr. BLUMENTHAL) was added as a co- At the request of Mrs. MURRAY, the rather than a mixture credit available sponsor of S. 2022, a bill to amend title names of the Senator from Colorado to the blender of the fuel, going back 38, United States Code, to increase the (Mr. BENNET), the Senator from Penn- to 2009. amount of special pension for Medal of The bill we are introducing today is sylvania (Mr. CASEY) and the Senator Honor recipients, and for other pur- similar to an amendment that I offered from Massachusetts (Ms. WARREN) were poses. with Senator CANTWELL during consid- added as cosponsors of amendment No. eration of the tax extenders package in S. 2123 2876 proposed to H.R. 3762, a bill to pro- the Senate Finance Committee in July At the request of Mr. GRASSLEY, the vide for reconciliation pursuant to sec- of this year. Our biodiesel reform names of the Senator from Missouri tion 2002 of the concurrent resolution amendment passed unanimously by (Mr. BLUNT) and the Senator from Vir- on the budget for fiscal year 2016. voice vote. ginia (Mr. WARNER) were added as co- AMENDMENT NO. 2884 sponsors of S. 2123, a bill to reform sen- Converting to a producer credit im- At the request of Mr. VITTER, his proves the incentive in many ways. tencing laws and correctional institu- name was added as a cosponsor of tions, and for other purposes. The blenders credit can be difficult to amendment No. 2884 proposed to H.R. administer, because the blending of the S. 2170 3762, a bill to provide for reconciliation fuel can occur at many different stages At the request of Ms. HIRONO, the pursuant to section 2002 of the concur- of the fuel distribution. This can make name of the Senator from Montana rent resolution on the budget for fiscal it difficult to ensure that only fuel (Mr. TESTER) was added as a cosponsor year 2016. that qualifies for the credit claims the of S. 2170, a bill to amend title 38, At the request of Mr. MCCAIN, the incentive It has been susceptible to United States Code, to improve the names of the Senator from Vermont abuse because of this. ability of health care professionals to (Mr. SANDERS) and the Senator from A credit for domestic production will treat veterans through the use of tele- Iowa (Mr. GRASSLEY) were added as co- also ensure that we are incentivizing medicine, and for other purposes. sponsors of amendment No. 2884 pro- the domestic industry, rather than sub- S. 2275 posed to H.R. 3762, supra. sidizing imported biofuels. It’s pro- At the request of Ms. KLOBUCHAR, the AMENDMENT NO. 2886 jected that imports from Argentina, name of the Senator from New York At the request of Mr. REID, the Singapore, the European Union, South (Mrs. GILLIBRAND) was added as a co- names of the Senator from Washington Korea and others could exceed 1.5 bil- sponsor of S. 2275, a bill to provide for (Mrs. MURRAY), the Senator from lion gallons over this year and next. automatic acquisition of United States Vermont (Mr. SANDERS), the Senator We should not provide a U.S. tax- citizenship for certain internationally from California (Mrs. FEINSTEIN) and payer benefit to imported biofuels. By adopted individuals, and for other pur- the Senator from Massachusetts (Ms. restricting the credit to domestic pro- poses. WARREN) were added as cosponsors of duction, we will also save taxpayer S. 2337 amendment No. 2886 intended to be pro- money. The amendment adopted in the posed to H.R. 3762, a bill to provide for Finance Committee is estimated to re- At the request of Mrs. FEINSTEIN, the names of the Senator from Pennsyl- reconciliation pursuant to section 2002 duce the cost of the extension by $90 of the concurrent resolution on the million. vania (Mr. CASEY), the Senator from budget for fiscal year 2016. Importantly, modifying the credit Indiana (Mr. DONNELLY) and the Sen- will have little to no impact on the ator from Ohio (Mr. BROWN) were added f consumer. Much of the credit will con- as cosponsors of S. 2337, a bill to im- STATEMENTS ON INTRODUCED tinue to be passed on to the blender prove homeland security by enhancing BILLS AND JOINT RESOLUTIONS and ultimately, the consumer. Addi- the requirements for participation in By Mr. GRASSLEY (for himself tionally, the U.S. biodiesel industry is the Visa Waiver Program, and for other and Ms. CANTWELL): currently operating at only 60 percent purposes. S. 2353. A bill to amend the Internal of capacity. The domestic biodiesel in- S. 2344 Revenue Code of 1986 to extend and dustry has the capacity and access to At the request of Mr. COTTON, the modify the incentives for biodiesel; to affordable feedstocks to meet the de- names of the Senator from Kentucky the Committee on Finance. mand of U.S. consumers. (Mr. MCCONNELL), the Senator from Mr. GRASSLEY. Mr. President, It is my understanding that rep- North Carolina (Mr. BURR), the Senator today I am introducing the Biodiesel resentatives from the House and Sen- from Florida (Mr. RUBIO), the Senator Tax Incentive Reform and Extension ate, along with the White House, are from Indiana (Mr. COATS), the Senator Act of 2015. I am pleased to be joined by currently meeting to finalize a tax ex- from Kansas (Mr. ROBERTS) and the Senator CANTWELL. Our bill will mod- tender package before the end of the Senator from North Carolina (Mr. ify the biodiesel fuel blenders credit to year. I strongly urge them to maintain TILLIS) were added as cosponsors of S. a domestic production credit, and ex- the Senate position, and include the 2344, a bill to provide authority for ac- tend the credit through 2018. biodiesel reform policies that were cess to certain business records col- Congress created the biodiesel tax in- adopted in the Senate Finance Com- lected under the Foreign Intelligence centive in 2005. As a result of this in- mittee.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.036 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8381 This modification will ensure that system, which will be operational by the end Whereas extreme and demonizing rhetoric the credit is doing what Congress in- of 2015; and contributes to a climate that is dangerous tended—incentivizing investment in Whereas, for the past 25 years, the Govern- for individuals who provide or access com- domestic biodiesel production. Surely, ment of Romania has shown leadership in ad- prehensive healthcare services; vancing stability, security, and democratic Whereas since more than 40 percent of the House and Senate leaders recognize principles in Central and Eastern Europe, patients of Planned Parenthood are people of that we should not be providing a U.S. the Western Balkans, and the Black Sea re- color, people of color are disproportionately taxpayer subsidy to already heavily gion, especially in the current difficult re- impacted by attacks on health centers for subsidized foreign biodiesel imports. gional context: Now, therefore, be it women; and I therefore urge my colleagues to Resolved, That the Senate— Whereas over their lifetimes, 1 in 5 women support this common-sense, cost reduc- (1) celebrates the 135th anniversary of in the United States will access healthcare tion modification. United States-Romanian diplomatic rela- at Planned Parenthood, which— tions; (1) in 2013 provided— f (2) congratulates the people of Romania on (A) over 1,400,000 emergency contracep- their accomplishments as a great nation; and tion kits; SUBMITTED RESOLUTIONS (B) nearly 4,500,000 tests and treatments (3) expresses appreciation for Romania’s for sexually transmitted infections; and unwavering partnership with the United (C) nearly 900,000 cervical cancer SENATE RESOLUTION 326—CELE- States. screenings and breast exams; BRATING THE 135TH ANNIVER- f (2) continues to be the leading reproductive healthcare provider in the United States; SARY OF DIPLOMATIC RELA- SENATE RESOLUTION 327—CON- TIONS BETWEEN THE UNITED and DEMNING VIOLENCE THAT TAR- (3) along with many other reproductive STATES AND ROMANIA GETS HEALTHCARE FOR WOMEN health providers, continues to provide ex- Mr. JOHNSON (for himself, Mrs. SHA- Mr. BLUMENTHAL (for himself, Mrs. pert, quality reproductive healthcare in safe HEEN, Mr. MCCAIN, and Mr. INHOFE) and supportive environments across the SHAHEEN, Mr. BENNET, Ms. BALDWIN, country: Now, therefore, be it submitted the following resolution; Mr. WARNER, Mr. LEAHY, Mr. MARKEY, Resolved, That the Senate— which was referred to the Committee Mr. UDALL, Ms. HIRONO, Mr. SCHATZ, (1) denounces the attacks on healthcare on Foreign Relations: Mrs. GILLIBRAND, Mr. FRANKEN, Mr. centers for women, providers of healthcare S. RES. 326 WHITEHOUSE, Mrs. FEINSTEIN, Mr. for women, and patients; and (2) affirms that all women have the right Whereas the United States established dip- CARDIN, Ms. WARREN, Mr. REED of lomatic relations with Romania in June 1880; to access reproductive healthcare services Rhode Island, Mrs. BOXER, Mr. MENEN- without fear of violence, intimidation, or Whereas the Governments of the United DEZ, Mrs. MURRAY, Mr. COONS, Ms. MI- States and Romania strive to continually harassment. KULSKI, Mr. KAINE, Mr. WYDEN, Mr. improve cooperation between government f BOOKER, Mr. DURBIN, Mr. HEINRICH, Mr. leaders and strengthen the two countries’ SENATE RESOLUTION 328—SUP- strategic partnership, focusing on the polit- SANDERS, Mr. MURPHY, Mr. SCHUMER, ical-military relationship, law-enforcement Ms. CANTWELL, Mr. BROWN, Mr. CAR- PORTING THE DECEMBER 3, 2015, collaboration, trade and investment opportu- PER, Mr. KING, Mr. TESTER, Ms. KLO- NATIONAL DAY OF REMEM- nities, and energy security; BUCHAR, and Mrs. MCCASKILL) sub- BRANCE FOR VICTIMS OF DRUNK Whereas the Governments of the United mitted the following resolution; which AND DRUGGED DRIVING AND States and Romania are committed to sup- was referred to the Committee on the FOR VICTIMS OF THE CON- porting human rights, advancing the rule of Judiciary: SEQUENCES OF UNDERAGE law, democratic governance, economic DRINKING growth, and freedom; S. RES. 327 Whereas Romania joined the North Atlan- Whereas the constitutional right of the Mr. UDALL (for himself and Mrs. tic Treaty Organization (NATO) in 2004, and people of the United States to make CAPITO) submitted the following resolu- has established itself as a resolute ally of healthcare decisions about their own bodies tion; which was referred to the Com- both the United States and strong NATO was established more than 43 years ago; mittee on the Judiciary: member; Whereas in Eisenstadt v. Baird, 405 U.S. 438 S. RES. 328 Whereas the Government of Romania con- (1972), the Supreme Court confirmed the con- Whereas drunk driving is still a leading tinues to improve its military capabilities, stitutional right of all men and women to le- cause of death and injury on the roadways of and has repeatedly demonstrated its willing- gally access birth control; the United States and nearly 1 in 3 traffic fa- ness to provide forces and assets in support Whereas the Supreme Court decided Roe v. talities involved alcohol-impaired crashes, of operations that address the national secu- Wade, 410 U.S. 113 (1973) 42 years ago and re- according to studies conducted by the Na- rity interests of the United States and all affirmed that women have a constitutional tional Highway Traffic Safety Administra- NATO members, including deployments to right to comprehensive reproductive tion; Afghanistan, Iraq, Libya, and Kosovo; healthcare; Whereas, in 2014, there were 9,967 people Whereas, in 2011, the United States and Ro- Whereas for decades, healthcare providers killed in alcohol-impaired crashes, rep- mania issued the ‘‘Joint Declaration on for women and people who access healthcare resenting an average of 27 alcohol-impaired Strategic Partnership for the 21st Century services for women have been subjected to driving fatalities every day and 1 alcohol-im- Between the United States of America and intimidation, threats, and violence; paired driving fatality every 53 minutes; Romania,’’ reflecting increasing cooperation Whereas since 1993, there have been 11 mur- Whereas countless victims, survivors, fam- between our countries to promote security, ders and numerous attempted murders of in- ilies, and loved ones are left to cope with the democracy, free market opportunities, and dividuals associated with care provided at aftermath of these terrible crashes; cultural exchange; health centers for women; Whereas victims and survivors of drunk Whereas the United States and Romania Whereas since 1977— and drugged driving and the consequences of signed a ballistic missile defense (BMD) (1) nearly 7,000 violent acts have been re- underage drinking are cause for concern; agreement in 2011, allowing the deployment ported against providers at health centers Whereas Mothers Against Drunk Driving of United States personnel, equipment, and for women, including bombings, arsons, (referred to in this preamble as ‘‘MADD’’) anti-missile interceptors to Romania; death threats, kidnappings, and assaults; and was founded in 1980 and today continues with Whereas, in October 2014, the United States (2) more than 190,000 acts of disruption, in- the mission to end drunk driving, help fight Navy formally launched Naval Support Fa- cluding bomb threats and harassing calls, drugged driving, support the victims of these cility Deveselu to achieve the goals of the have been reported; crimes and crashes, and prevent underage 2011 BMD agreement and thus established Whereas between June and December 2015, drinking; the first new United States Navy base since arson, vandalism, and threats have increased Whereas drunk driving deaths have been 1987; at Planned Parenthood health centers and reduced dramatically since 1980, from more Whereas, in September 2015, Romania other health centers for women, including— than 25,000 deaths per year to just under stood up a NATO Force Integration Unit; (1) health centers in— 10,000 in 2014, thanks to efforts from MADD, Whereas Romania will host the Alliance’s (A) Aurora, Illinois; other community organizations, States, Multinational Division-Southeast head- (B) Pullman, Washington; schools, law enforcement agencies, safety quarters in Bucharest and commits signifi- (C) Louisville, Kentucky; and technologies and programs, improved laws, cant resources to the Very High Readiness (D) Claremont, New Hampshire; and and growing public recognition of the risks Joint Task Force; (2) on November 27, 2015, an attack by a posed by drunk driving; Whereas Romania has agreed to host com- gunman at a Planned Parenthood health cen- Whereas combating drunk and drugged ponents of the United States’ European ter in Colorado Springs, Colorado, in which 3 driving is a legislative priority for the Sen- Phased Adaptive Approach missile defense people were killed and 9 people were injured; ate in the 114th Congress, advancing a multi-

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.039 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8382 CONGRESSIONAL RECORD — SENATE December 3, 2015 year transportation reauthorization bill that they will be missed by so many in Al- ference committee supported this vital provides incentives to States to adopt meas- buquerque. technology. ures to reduce impaired driving and author- Every DWI death is a tragedy—and But technology alone is not enough. izes impaired driving research and develop- an unnecessary tragedy. It doesn’t In the meantime, the message should ment; be loud and clear. Anyone who gets be- Whereas, on December 3, 2015, MADD loca- have to happen. But, year after year, tions across the United States will honor for too many families, it does. More hind the wheel while impaired should those individuals killed, injured, or emotion- than 10,000 people are killed every year, not drive. ally devastated by drunk and drugged driv- and another 290,000 are injured, all as a That is why I also urge passage of a ing and underage drinking with a National result of drunk driving. resolution I am submitting—sup- Day of Remembrance; and Those are horrific numbers, but they porting the December 3, 2015, National Whereas the National Day of Remem- are more than just numbers. They are Day of Remembrance for victims of brance is a chance for the public to come to- stories of profound loss and should out- drunk and drugged driving. We want to gether in communities across the United rage us all. In years past, it was even say to their families—we have not for- States and online to show that the victims gotten them. We remember. We will do and survivors of these senseless tragedies are worse. In 1980, 25,000 people—two and not alone: Now, therefore, be it one-half times more people than now— all we can to prevent these tragedies. Resolved, That the Senate— died because of drunk driving—25,000 There are still far too many, far too (1) honors the victims of drunk and people, in 1 year. often. In the time I have been speak- drugged driving; and We are making progress thanks to ing, two more people have been injured (2) recognizes the consequences of underage determined families and law enforce- in a drunk driving crash. Every hour, drinking on the first annual National Day of ment and thanks to groups like Moth- another life is taken. Remembrance. ers Against Drunk Driving. I am proud We all have to say—enough is f to work with them. But we still have enough. We have to keep saying it— S. RES. 328 work to do. There are 10,000 families— until every single person in this coun- every year—to remind us—10,000 fami- try gets the message: If you drink, Mr. UDALL. Mr. President, no family don’t drive. should lose a loved one to a drunk driv- lies in grief, in pain, and all because of drunk driving. No parent should have Albuquerque police officer Simon er. But, sadly, so many families do— Drobik spoke for all of us—when he every day, every month, every year. It to grieve a child’s loss on the holi- days—or any day. said, ‘‘Talk to your kids about drink- happens in my State. It happens all ing and driving. Share these tragic sto- across our Nation. It is tragic, it is When I was elected attorney general in New Mexico 25 years ago, we had the ries with them so they understand senseless, and it must stop. driving is a big responsibility. If you Last weekend, according to the Albu- highest rate of DWI deaths in the Na- tion. We were the worst—too many see your friend or loved one trying to querque Journal, police reported that get behind the wheel after drinking an ‘‘extremely intoxicated’’ driver ran drunk drivers, too many repeat offend- ers, too many innocent people dying STOP THEM. Do the right thing.’’ a red light and smashed into the car of Officer Drobik is right. We all need to three young people. every year. We pushed for reform. We identified do the right thing. Let’s not wait for Robert Mendez was 27 years old. His 10,000 more families to lose their loved brother Sergio Mendez-Aguirre was 23, solutions—in law enforcement and in prevention. But there was a lot of push ones. and their friend Grace Sinfield was 20. We have to keep up the fight. Nelson back, a lot of opposition in the State The violence of the collision was so Mandela said, ‘‘It always seems impos- legislature. And then along came a great that their car flipped over. They sible—until it is done.’’ We can keep mom named Nadine Milford. Her died early Sunday morning—at the end drunk drivers off the road. It is not im- daughter and granddaughters were of the Thanksgiving weekend. The po- possible. We can get it done. killed by a drunk driver on Christmas lice investigation continues. But this For the sake of all families, for those Eve 1992. It is hard to imagine such a much is certain: A holiday that began who grieve now—and for those who loss. in joy—for these families—ended in may grieve in the future—let’s do all So we changed New Mexico’s DWI great sorrow. we can. Let’s work together. Let’s stop and traffic safety laws. We got it done Sergio Mendez-Aguirre graduated these senseless tragedies. Let’s get it because of moms like Nadine, because from the University of New Mexico done. with honors in chemistry. Robert of families and friends who had had Mendez was a student at UNM. Grace enough and would not take no for an f Sinfield was studying to be a writer. answer. AMENDMENTS SUBMITTED AND Our hearts go out to the Mendez and In the early 1990s, my State had up to PROPOSED Sinfield families. These young people 500 DWI deaths a year. Last year, it SA 2891. Mrs. SHAHEEN (for herself, Mr. were just beginning, just starting out was 166. But that is still 166 too many. WYDEN, and Mrs. MURRAY) submitted an in life, and just finding their way. We still lose too many innocent lives— amendment intended to be proposed to Robert Mendez’s family remembers young and old alike—in New Mexico amendment SA 2874 proposed by Mr. MCCON- how he believed that, ‘‘Fear is every- and all across our Nation. NELL to the bill H.R. 3762, to provide for rec- one’s number one enemy. Take I believe new technology will help. onciliation pursuant to section 2002 of the chances, make mistakes, and learn That is why I have pushed for the Driv- concurrent resolution on the budget for fis- er Alcohol Detection System for Safe- cal year 2016; which was ordered to lie on the from them. After all, we grow from ex- table. perience. Life is too short to live tim- ty, or DADSS. This technology is criti- SA 2892. Mrs. SHAHEEN (for herself, Mr. idly.’’ cally important and will make a crit- WYDEN, Mrs. MURRAY, and Ms. STABENOW) The Albuquerque Journal reported ical difference. We all know this. The submitted an amendment intended to be pro- that Sergio Mendez-Aguirre once National Highway Traffic Safety Ad- posed to amendment SA 2874 proposed by Mr. asked, ‘‘What can make you more ministration knows it. The auto indus- MCCONNELL to the bill H.R. 3762, supra. happy than making others happy?’’ His try knows it. And they are working to- SA 2893. Mr. CASEY (for himself, Ms. gether to make it happen. BALDWIN, Mrs. MURRAY, and Mr. REED) pro- answer was, ‘‘Nothing can.’’ posed an amendment to amendment SA 2874 DADSS would be built into new vehi- Grace Sinfield’s family spoke of her proposed by Mr. MCCONNELL to the bill H.R. great spirit. ‘‘She was a true friend cles. It would analyze a driver’s breath 3762, supra. who taught us how to love uncondi- or blood alcohol content. It would stop SA 2894. Mr. LEE submitted an amendment tionally; she was the life of every drunk drivers from turning on the en- intended to be proposed to amendment SA party. She attracted laughter like she gine. If you are drunk, you will not 2874 proposed by Mr. MCCONNELL to the bill was a magnet. Just as important and drive, period. H.R. 3762, supra; which was ordered to lie on This could save 59,000 lives over 15 the table. relevantly, she was always responsible SA 2895. Ms. AYOTTE submitted an and by proxy made those around her years. It could save up to $343 billion. amendment intended to be proposed to more responsible and better people.’’ The highway bill includes continued amendment SA 2874 proposed by Mr. MCCON- Three young lives—full of promise— funding for DADSS research over the NELL to the bill H.R. 3762, supra; which was and now over in one terrible moment— next 5 years. I am grateful the con- ordered to lie on the table.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.043 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8383

SA 2896. Mr. PAUL submitted an amend- SA 2912. Mr. CORNYN submitted an ‘‘(A) IN GENERAL.—The Secretary shall ment intended to be proposed to amendment amendment intended to be proposed to award grants, contracts, or cooperative SA 2874 proposed by Mr. MCCONNELL to the amendment SA 2874 proposed by Mr. MCCON- agreements to appropriate entities or Ex- bill H.R. 3762, supra; which was ordered to lie NELL to the bill H.R. 3762, supra. changes for the establishment of public edu- on the table. SA 2913. Mr. CARDIN submitted an amend- cation programs to raise awareness about SA 2897. Mr. PAUL submitted an amend- ment intended to be proposed to amendment the availability of mental health and sub- ment intended to be proposed to amendment SA 2874 proposed by Mr. MCCONNELL to the stance use disorder benefits within qualified SA 2874 proposed by Mr. MCCONNELL to the bill H.R. 3762, supra. health plans. bill H.R. 3762, supra; which was ordered to lie SA 2914. Mr. GRASSLEY submitted an ‘‘(B) GRANTS TO SUPPORT PUBLIC EDU- on the table. amendment intended to be proposed to CATION.—For purposes of implementing this SA 2898. Mr. PAUL submitted an amend- amendment SA 2874 proposed by Mr. MCCON- paragraph, there is authorized to be appro- ment intended to be proposed to amendment NELL to the bill H.R. 3762, supra. priated, and there is appropriated, $30,000,000 SA 2874 proposed by Mr. MCCONNELL to the SA 2915. Mr. PAUL submitted an amend- to enable the Secretary to award grants, bill H.R. 3762, supra; which was ordered to lie ment intended to be proposed to amendment contracts, or cooperative agreements to ap- on the table. SA 2874 proposed by Mr. MCCONNELL to the propriate entities or Exchanges. SA 2899. Mr. PAUL submitted an amend- bill H.R. 3762, supra. ‘‘(4) ACCESS TO MEDICATION ASSISTED THER- ment intended to be proposed to amendment SA 2916. Mr. McCONNELL submitted an APY.— SA 2874 proposed by Mr. MCCONNELL to the amendment intended to be proposed to ‘‘(A) REQUIREMENT.—A qualified health bill H.R. 3762, supra. amendment SA 2874 proposed by Mr. MCCON- plan shall provide coverage for more than SA 2900. Mr. SASSE submitted an amend- NELL to the bill H.R. 3762, supra. one Food and Drug Administration-approved ment intended to be proposed to amendment SA 2917. Mr. REID submitted an amend- drug that is used in the medication-assisted SA 2874 proposed by Mr. MCCONNELL to the ment intended to be proposed to amendment treatment of addiction. bill H.R. 3762, supra; which was ordered to lie SA 2916 submitted by Mr. MCCONNELL to the ‘‘(B) NO LIFETIME LIMITS.—A qualified on the table. amendment SA 2874 proposed by Mr. MCCON- health plan shall not establish a lifetime SA 2901. Mr. SASSE submitted an amend- NELL to the bill H.R. 3762, supra. limit on the coverage of Food and Drug Ad- ment intended to be proposed to amendment SA 2918. Mr. MURPHY (for himself and Ms. ministration-approved drugs used in the SA 2874 proposed by Mr. MCCONNELL to the STABENOW) submitted an amendment in- medication-assisted treatment of addiction. bill H.R. 3762, supra; which was ordered to lie tended to be proposed to amendment SA 2916 ‘‘(C) MEDICAL JUSTIFICATION FOR TREAT- on the table. submitted by Mr. MCCONNELL to the amend- MENT LIMITATIONS.—Upon the request of an SA 2902. Mr. SASSE submitted an amend- ment SA 2874 proposed by Mr. MCCONNELL to Exchange, a qualified health plan shall pro- ment intended to be proposed to amendment the bill H.R. 3762, supra. vide the medical justification for any treat- SA 2874 proposed by Mr. MCCONNELL to the SA 2919. Ms. BALDWIN submitted an ment limitation on the coverage of drugs for bill H.R. 3762, supra; which was ordered to lie amendment intended to be proposed to medication-assisted treatment of addiction. on the table. amendment SA 2916 submitted by Mr. If a qualified health plan requires prior au- SA 2903. Mr. SASSE submitted an amend- MCCONNELL to the amendment SA 2874 pro- thorization as a treatment limitation on the ment intended to be proposed to amendment posed by Mr. MCCONNELL to the bill H.R. coverage of drugs for medication-assisted SA 2874 proposed by Mr. MCCONNELL to the 3762, supra. treatment of addiction, such plans shall uti- bill H.R. 3762, supra; which was ordered to lie f lize an automated, electronic means of ob- on the table. taining prior authorization. SA 2904. Mr. ROBERTS submitted an TEXT OF AMENDMENTS ‘‘(D) GRANTS.—The Secretary shall award amendment intended to be proposed to SA 2891. Mrs. SHAHEEN (for herself, grants, contracts, or cooperative agreements amendment SA 2874 proposed by Mr. MCCON- Mr. WYDEN, and Mrs. MURRAY) sub- to support the establishment of a standard- NELL to the bill H.R. 3762, supra; which was ized system for electronic prior authoriza- ordered to lie on the table. mitted an amendment intended to be proposed to amendment SA 2874 pro- tion for coverage of drugs for medication as- SA 2905. Mr. ROBERTS submitted an sisted treatment of addiction. For purposes amendment intended to be proposed to posed by Mr. MCCONNELL to the bill of implementing this subparagraph, there is amendment SA 2874 proposed by Mr. MCCON- H.R. 3762, to provide for reconciliation authorized to be appropriated, and there is NELL to the bill H.R. 3762, supra; which was pursuant to section 2002 of the concur- appropriated, $5,000,000 to enable the Sec- ordered to lie on the table. rent resolution on the budget for fiscal retary to ward grants, contracts, or coopera- SA 2906. Mr. SANDERS submitted an year 2016; which was ordered to lie on tive agreements to appropriate entities.’’. amendment intended to be proposed to the table; as follows: (b) FULL REPEAL OF IMD EXCLUSION IN amendment SA 2874 proposed by Mr. MCCON- MEDICAID EXPANSION STATES.— At the appropriate place, insert the fol- NELL to the bill H.R. 3762, supra; which was (1) IN GENERAL.—The first sentence of sec- ordered to lie on the table. lowing: tion 1905 of the Social Security Act (42 SA 2907. Mr. BENNET (for himself and Mr. SEC. ll. MENTAL HEALTH AND SUBSTANCE USE U.S.C. 1396d) is amended— SANDERS) submitted an amendment intended PREVENTION AND TREATMENT. (A) in subsection (a)(29), by inserting ‘‘and to be proposed to amendment SA 2874 pro- (a) APPLICABILITY OF MENTAL HEALTH PAR- subsection (ee)’’; and posed by Mr. MCCONNELL to the bill H.R. ITY AND ADDICTION EQUITY.—Section 1311(j) of (B) by adding at the end the following: 3762, supra. the Patient Protection and Affordable Care ‘‘(ee) NONAPPLICATION OF IMD EXCLUSION IN SA 2908. Mr. MANCHIN (for himself, Mr. Act (42 U.S.C. 18031(j)) is amended to read as MEDICAID EXPANSION STATES.—Beginning TOOMEY, and Mr. KIRK) submitted an amend- follows: January 1, 2016, in the case of a State that ment intended to be proposed to amendment ‘‘(j) APPLICABILITY OF MENTAL HEALTH makes medical assistance available pursuant SA 2874 proposed by Mr. MCCONNELL to the PARITY AND ADDICTION EQUITY.— to section 1902(a)(10)(A)(i)(VIII) to individ- bill H.R. 3762, supra. ‘‘(1) IN GENERAL.—Section 2726 of the Pub- uals described in such section— SA 2909. Mr. MARKEY (for himself and Mr. lic Health Service Act shall apply to quali- ‘‘(1) the payments exclusion in subsection MURPHY) submitted an amendment intended fied health plans in the same manner and to (a)(29)(B) shall not apply to the State; and to be proposed to amendment SA 2874 pro- the same extent as such section applies to ‘‘(2) the following provisions shall be ap- posed by Mr. MCCONNELL to the bill H.R. health insurance issuers and group health plied to the State as if ‘65 years of age or 3762, supra; which was ordered to lie on the plans. older’ and ‘65 years of age or over’ were table. ‘‘(2) TRANSPARENCY OF CLAIMS DENIAL.— struck from such provisions each place such SA 2910. Mrs. FEINSTEIN (for herself, Mr. ‘‘(A) IN GENERAL.—The Secretary shall re- phrases appear: WHITEHOUSE, Mr. REED, Mrs. GILLIBRAND, Mr. quire an Exchange to collect data on the per- ‘‘(A) Paragraphs (20) and (21) of section SCHUMER, Mr. DURBIN, Mr. MURPHY, Mr. centage of health insurance claims denied 1902(a). BLUMENTHAL, Mrs. BOXER, Mr. MENENDEZ, for mental health benefits and the percent- ‘‘(B) Subsection(a)(14). Ms. WARREN, Mr. MARKEY, Mr. SCHATZ, Ms. age of such claims denied for substance use ‘‘(C) Section 1919(d)(7)(B)(i)(I).’’. HIRONO, Ms. KLOBUCHAR, Mr. FRANKEN, Mr. disorder benefits. Such Exchange shall main- (c) IMPROVING ACCESS TO ASSERTIVE COM- WARNER, Mr. KAINE, Mr. KING, Ms. MIKULSKI, tain an Internet website for the publication MUNITY TREATMENT PROGRAMS FOR MEDICAID Mrs. MCCASKILL, Mr. BROWN, Mr. CASEY, Mr. of claims denial rates for all qualified health BENEFICIARIES.—Effective January 1, 2016, SANDERS, Mrs. MURRAY, and Ms. BALDWIN) plans offering coverage on the exchange. section 1903(a)(3) of the Social Security Act submitted an amendment intended to be pro- ‘‘(B) GRANTS TO SUPPORT TRANSPARENCY.— (42 U.S.C. 1396a(a)(3)) is amended by inserting posed to amendment SA 2874 proposed by Mr. For purposes of implementing this para- after subparagraph (F) the following: MCCONNELL to the bill H.R. 3762, supra. graph, there is authorized to be appro- ‘‘(G)(i) 90 percent of so much of the sums SA 2911. Mr. COONS (for himself, Ms. priated, and there is appropriated, $5,000,000 expended during such quarter as are attrib- HIRONO, Mrs. MURRAY, Mr. MERKLEY, and Mr. to enable the Secretary to award grants, utable to payments made for items and serv- KING) submitted an amendment intended to contracts, or cooperative agreements to ap- ices provided to individuals who are eligible be proposed to amendment SA 2874 proposed propriate entities or Exchanges. for medical assistance under the State plan by Mr. MCCONNELL to the bill H.R. 3762, ‘‘(3) IMPROVING MENTAL HEALTH AND ADDIC- by Assertive Community Treatment (ACT) supra; which was ordered to lie on the table. TION EQUITY AWARENESS.— programs that provide integrated, evidence-

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.042 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8384 CONGRESSIONAL RECORD — SENATE December 3, 2015 based treatment, rehabilitation, case man- amended by adding at the end the following year in which the taxable year begins, deter- agement, and support services for individuals new part: mined by substituting ‘calendar year 2015’ with serious mental illness; and’’. ‘‘PART VII—FAIR SHARE TAX ON HIGH- for ‘calendar year 1992’ in subparagraph (B) (d) IMPROVING ACCESS TO MEDICATION AS- INCOME TAXPAYERS thereof. SISTED TREATMENT FOR MEDICAID BENE- ‘‘Sec. 59A. Fair share tax. ‘‘(B) ROUNDING.—If any amount as adjusted under subparagraph (A) is not a multiple of FICIARIES.—Effective January 1, 2016, section ‘‘SEC. 59A. FAIR SHARE TAX. 1903(a)(3)(G) of the Social Security Act (42 $10,000, such amount shall be rounded to the ‘‘(a) GENERAL RULE.— U.S.C. 1396a(a)(3)(G)), as added by section 3, next lowest multiple of $10,000. ‘‘(1) IMPOSITITION OF TAX.—In the case of AYROLL TAX.—For purposes of this is amended by adding at the end the fol- any high-income taxpayer, there is hereby ‘‘(d) P section, the payroll tax for any taxable year lowing: imposed for a taxable year (in addition to is an amount equal to the excess of— ‘‘(ii) 90 percent of so much of the sums ex- any other tax imposed by this subtitle) a tax ‘‘(1) the taxes imposed on the taxpayer pended during such quarter as are attrib- equal to the product of— under sections 1401, 1411, 3101, 3201, and utable to payments made for items and serv- ‘‘(A) the amount determined under para- 3211(a) (to the extent such tax is attributable ices provided to individuals who are eligible graph (2), and to the rate of tax in effect under section 3101) for medical assistance under the State plan ‘‘(B) a fraction (not to exceed 1)— with respect to such taxable year or wages or by person-centered health homes that are fo- ‘‘(i) the numerator of which is the excess compensation received during such taxable cused on the treatment of substance use dis- of— year, over orders, offer access to evidence-based behav- ‘‘(I) the taxpayer’s adjusted gross income, ‘‘(2) the deduction allowable under section ioral health therapies and medication assist- over 164(f) for such taxable year. ance treatment, and offer screening and ‘‘(II) the dollar amount in effect under sub- ‘‘(e) SPECIAL RULE FOR ESTATES AND management of co-occurring physical health section (c)(1), and TRUSTS.—For purposes of this section, in the issues and screening and management of co- ‘‘(ii) the denominator of which is the dollar case of an estate or trust, adjusted gross in- occurring mental health issues; and’’. amount in effect under subsection (c)(1). come shall be computed in the manner de- (e) SUPPORTING STATE STERILE SYRINGE EX- ‘‘(2) AMOUNT OF TAX.—The amount of tax scribed in section 67(e). CHANGE PROGRAMS.—Effective January 1, determined under this paragraph is an ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS 2016, section 1903(a)(3)(G) of the Social Secu- amount equal to the excess (if any) of— CHAPTER FOR CERTAIN PURPOSES.—The tax rity Act (42 U.S.C. 1396a(a)(3)(G)), as added ‘‘(A) the tentative fair share tax for the imposed under this section shall not be by section 3 and amended by section 4, is taxable year, over treated as tax imposed by this chapter for amended by adding at the end the following: ‘‘(B) the excess of— purposes of determining the amount of any ‘‘(iii) 90 percent of so much of the sums ex- ‘‘(i) the sum of— credit under this chapter (other than the pended during such quarter as are attrib- ‘‘(I) the regular tax liability (as defined in credit allowed under section 27(a)) or for pur- utable to payments for sterile syringe ex- section 26(b)) for the taxable year, deter- poses of section 55.’’. change programs (without regard to whether mined without regard to any tax liability de- (b) CLERICAL AMENDMENT.—The table of a recipient of items and services under such termined under this section, parts for subchapter A of chapter 1 of the In- a program is eligible for medical assistance ‘‘(II) the tax imposed by section 55 for the ternal Revenue Code of 1986 is amended by under the State plan or otherwise has health taxable year, plus adding at the end the following new item: insurance coverage); plus’’. ‘‘(III) the payroll tax for the taxable year, (f) IMPROVING THE PUBLIC HEALTH RE- over ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME SPONSE TO THE SUBSTANCE USE DISORDER EPI- ‘‘(ii) the credits allowable under part IV of TAXPAYERS’’. DEMIC.— subchapter A (other than sections 27(a), 31, (c) EFFECTIVE DATE.—The amendments (1) PURPOSE.—It is the purpose of this sub- and 34). made by this section shall apply to taxable section to establish a new Substance Use and ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- years beginning after December 31, 2015. Mental Health Capacity Expansion Fund (re- poses of this section— SEC. ll. MODIFICATION OF LIMITATION ON EX- ferred to in this subsection as the ‘‘Fund’’), ‘‘(1) IN GENERAL.—The tentative fair share CESSIVE REMUNERATION. to be administered through the Department tax for the taxable year is 30 percent of the (a) REPEAL OF PERFORMANCE-BASED COM- of Health and Human Services, to provide for excess of— PENSATION AND COMMISSION EXCEPTIONS FOR an expanded and sustained national invest- ‘‘(A) the adjusted gross income of the tax- LIMITATION ON EXCESSIVE REMUNERATION.— ment in the prevention and treatment of in- payer, over (1) IN GENERAL.—Paragraph (4) of section dividuals with substance use disorders and ‘‘(B) the modified charitable contribution 162(m) of the Internal Revenue Code of 1986 is mental illnesses. deduction for the taxable year. amended by striking subparagraphs (B) and (2) FUNDING.—There is authorized to be ap- ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION (C) and by redesignating subparagraphs (D) propriated, and there is appropriated, to the DEDUCTION.—For purposes of paragraph (1)— through (G) as subparagraphs (B) through Fund, out of any monies in the Treasury not ‘‘(A) IN GENERAL.—The modified charitable (E), respectively. otherwise appropriated— contribution deduction for any taxable year (2) CONFORMING AMENDMENTS.— (A) for fiscal year 2016, $500,000,000; is an amount equal to the amount which (A) Section 162(m)(5) of such Code is (B) for fiscal year 2017, $750,000,000; bears the same ratio to the deduction allow- amended— (C) for fiscal year 2018, $1,000,000,000; able under section 170 (section 642(c) in the (i) by striking ‘‘subparagraphs (B), (C), and (D) for fiscal year 2019, $1,250,000,000; case of a trust or estate) for such taxable (D) thereof’’ in subparagraph (E) and insert- (E) for fiscal year 2020, $1,500,000,000; and year as— ing ‘‘subparagraph (B) thereof’’, and (F) for fiscal year 2021 and each fiscal year ‘‘(i) the amount of itemized deductions al- (ii) by striking ‘‘subparagraphs (F) and thereafter, $2,500,000,000. lowable under the regular tax (as defined in (G)’’ in subparagraph (G) and inserting ‘‘sub- (3) USE OF FUND.—The Secretary of Health section 55) for such taxable year, determined paragraphs (D) and (E)’’. and Human Services shall transfer amounts after the application of section 68, bears to (B) Section 162(m)(6) of such Code is in the Fund to accounts serving the Block ‘‘(ii) such amount, determined before the amended— Grants for Prevention and Treatment of Sub- application of section 68. (i) by striking ‘‘subparagraphs (B), (C), and stance Abuse program under subpart II of ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case (D) thereof’’ in subparagraph (D) and insert- part B of title XIX of the Public Health Serv- of any individual who does not elect to ing ‘‘subparagraph (B) thereof’’, and ice Act (42 U.S.C. 300x–21 et seq.) and the itemize deductions for the taxable year, the (ii) by striking ‘‘subparagraphs (F) and Block Grants for Community Mental Health modified charitable contribution deduction (G)’’ in subparagraph (G) and inserting ‘‘sub- Services program under subpart I of part B shall be zero. paragraphs (D) and (E)’’. of title XIX of the Public Health Service Act ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes (b) EXPANSION OF APPLICABLE EMPLOYER.— (42 U.S.C. 300x et seq.). The Fund shall be of this section— Paragraph (2) of section 162(m) of the Inter- used to supplement, not supplant, funding ‘‘(1) IN GENERAL.—The term ‘high-income nal Revenue Code of 1986 is amended to read that is otherwise allocated to such programs. taxpayer’ means, with respect to any taxable as follows: (4) STERILE SYRINGE EXCHANGE PROGRAMS.— year, any taxpayer (other than a corpora- ‘‘(2) PUBLICLY HELD CORPORATION.—For pur- With respect to fiscal year 2016, and each tion) with an adjusted gross income for such poses of this subsection, the term ‘publicly subsequent fiscal year, in the case of a State taxable year in excess of $1,000,000 (50 percent held corporation’ means any corporation that operates a sterile syringe exchange pro- of such amount in the case of a married indi- which is an issuer (as defined in section 3 of gram, the Secretary shall use the funds ap- vidual who files a separate return). the Securities Exchange Act of 1934 (15 propriated in this section to increase such ‘‘(2) INFLATION ADJUSTMENT.— U.S.C. 78c))— State’s allotment under subpart II of part B ‘‘(A) IN GENERAL.—In the case of a taxable ‘‘(A) the securities of which are registered of title XIX of the Public Health Service Act year beginning after 2016, the $1,000,000 under section 12 of such Act (15 U.S.C. 78l), or for such fiscal year, by 5 percent. amount under paragraph (1) shall be in- ‘‘(B) that is required to file reports under SEC. ll. FAIR SHARE TAX ON HIGH-INCOME creased by an amount equal to— section 15(d) of such Act (15 U.S.C. 78o(d)).’’. TAXPAYERS. ‘‘(i) such dollar amount, multiplied by (c) APPLICATION TO ALL CURRENT AND (a) IN GENERAL.—Subchapter A of chapter 1 ‘‘(ii) the cost-of-living adjustment deter- FORMER OFFICERS, DIRECTORS, AND EMPLOY- of the Internal Revenue Code of 1986 is mined under section 1(f)(3) for the calendar EES.—

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.044 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8385

(1) IN GENERAL.—Section 162(m) of the In- ‘‘(B) after the acquisition, more than 50 ‘‘(2) TRANSPARENCY OF CLAIMS DENIAL.— ternal Revenue Code of 1986, as amended by percent of the stock (by vote or value) of the ‘‘(A) IN GENERAL.—The Secretary shall re- subsection (a), is amended— entity is held— quire an Exchange to collect data on the per- (A) by striking ‘‘covered employee’’ each ‘‘(i) in the case of an acquisition with re- centage of health insurance claims denied place it appears in paragraphs (1) and (4) and spect to a domestic corporation, by former for mental health benefits and the percent- inserting ‘‘covered individual’’, and shareholders of the domestic corporation by age of such claims denied for substance use (B) by striking ‘‘such employee’’ each reason of holding stock in the domestic cor- disorder benefits. Such Exchange shall main- place it appears in subparagraphs (A) and (E) poration, or tain an Internet website for the publication of paragraph (4) and inserting ‘‘such indi- ‘‘(ii) in the case of an acquisition with re- of claims denial rates for all qualified health vidual’’. spect to a domestic partnership, by former plans offering coverage on the exchange. (2) COVERED INDIVIDUAL.—Paragraph (3) of partners of the domestic partnership by rea- ‘‘(B) GRANTS TO SUPPORT TRANSPARENCY.— section 162(m) of such Code is amended to son of holding a capital or profits interest in For purposes of implementing this para- read as follows: the domestic partnership. graph, there is authorized to be appro- ‘‘(3) COVERED INDIVIDUAL.—For purposes of ‘‘(3) EXCEPTION FOR CORPORATIONS WITH priated, and there is appropriated, $5,000,000 this subsection, the term ‘covered individual’ SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN to enable the Secretary to award grants, means any individual who is an officer, di- COUNTRY OF ORGANIZATION.—A foreign cor- contracts, or cooperative agreements to ap- rector, or employee of the taxpayer or a poration described in paragraph (2) shall not propriate entities or Exchanges. former officer, director, or employee of the be treated as an inverted domestic corpora- ‘‘(3) IMPROVING MENTAL HEALTH AND ADDIC- taxpayer.’’. tion if after the acquisition the expanded af- TION EQUITY AWARENESS.— (3) CONFORMING AMENDMENTS.— filiated group which includes the entity has ‘‘(A) IN GENERAL.—The Secretary shall (A) Section 48D(b)(3)(A) of such Code is substantial business activities in the foreign award grants, contracts, or cooperative amended by inserting ‘‘(as in effect for tax- country in which or under the law of which agreements to appropriate entities or Ex- able years beginning before January 1, 2016)’’ the entity is created or organized when com- changes for the establishment of public edu- after ‘‘section 162(m)(3)’’. pared to the total business activities of such cation programs to raise awareness about (B) Section 409A(b)(3)(D)(ii) of such Code is expanded affiliated group. For purposes of the availability of mental health and sub- amended by inserting ‘‘(as in effect for tax- subsection (a)(2)(B)(iii) and the preceding stance use disorder benefits within qualified able years beginning before January 1, 2016)’’ sentence, the term ‘substantial business ac- health plans. after ‘‘section 162(m)(3)’’. tivities’ shall have the meaning given such ‘‘(B) GRANTS TO SUPPORT PUBLIC EDU- CATION.—For purposes of implementing this (d) SPECIAL RULE FOR REMUNERATION PAID term under regulations in effect on May 8, paragraph, there is authorized to be appro- TO BENEFICIARIES, ETC.—Paragraph (4) of sec- 2014, except that the Secretary may issue tion 162(m), as amended by subsection (a), is regulations increasing the threshold percent priated, and there is appropriated, $30,000,000 amended by adding at the end the following in any of the tests under such regulations for to enable the Secretary to award grants, new subparagraph: determining if business activities constitute contracts, or cooperative agreements to ap- propriate entities or Exchanges. ‘‘(F) SPECIAL RULE FOR REMUNERATION PAID substantial business activities for purposes ‘‘(4) ACCESS TO MEDICATION ASSISTED THER- TO BENEFICIARIES, ETC.—Remuneration shall of this paragraph.’’. not fail to be applicable employee remunera- (b) CONFORMING AMENDMENTS.— APY.— tion merely because it is includible in the in- (1) Clause (i) of section 7874(a)(2)(B) of such ‘‘(A) REQUIREMENT.—A qualified health come of, or paid to, a person other than the Code is amended by striking ‘‘after March 4, plan shall provide coverage for more than covered individual, including after the death 2003,’’ and inserting ‘‘after March 4, 2003, and one Food and Drug Administration-approved of the covered individual.’’. before May 9, 2014,’’. drug that is used in the medication-assisted treatment of addiction. (e) REGULATORY AUTHORITY.— (2) Subsection (c) of section 7874 of such ‘‘(B) NO LIFETIME LIMITS.—A qualified (1) IN GENERAL.—Section 162(m) of the In- Code is amended— health plan shall not establish a lifetime ternal Revenue Code of 1986 is amended by (A) in paragraph (2)— limit on the coverage of Food and Drug Ad- adding at the end the following new para- (i) by striking ‘‘subsection (a)(2)(B)(ii)’’ ministration-approved drugs used in the graph: and inserting ‘‘subsections (a)(2)(B)(ii) and medication-assisted treatment of addiction. ‘‘(7) REGULATIONS.—The Secretary may (b)(2)(B)’’, and ‘‘(C) MEDICAL JUSTIFICATION FOR TREAT- prescribe such guidance, rules, or regula- (ii) by inserting ‘‘or (b)(2)(A)’’ after MENT LIMITATIONS.—Upon the request of an tions, including with respect to reporting, as ‘‘(a)(2)(B)(i)’’ in subparagraph (B), Exchange, a qualified health plan shall pro- are necessary to carry out the purposes of (B) in paragraph (3), by inserting ‘‘or vide the medical justification for any treat- this subsection.’’. (b)(2)(B), as the case may be,’’ after ment limitation on the coverage of drugs for (2) CONFORMING AMENDMENT.—Paragraph ‘‘(a)(2)(B)(ii)’’, medication-assisted treatment of addiction. (6) of section 162(m) of such Code is amended (C) in paragraph (5), by striking ‘‘sub- If a qualified health plan requires prior au- by striking subparagraph (H). section (a)(2)(B)(ii)’’ and inserting ‘‘sub- thorization as a treatment limitation on the (f) EFFECTIVE DATE.—The amendments sections (a)(2)(B)(ii) and (b)(2)(B)’’, and coverage of drugs for medication-assisted made by this section shall apply to taxable (D) in paragraph (6), by inserting ‘‘or in- treatment of addiction, such plans shall uti- years beginning after December 31, 2015. verted domestic corporation, as the case may be,’’ after ‘‘surrogate foreign corporation’’. lize an automated, electronic means of ob- SEC. lll. MODIFICATIONS TO RULES RELATING taining prior authorization. TO INVERTED CORPORATIONS. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable ‘‘(D) GRANTS.—The Secretary shall award (a) IN GENERAL.—Subsection (b) of section years ending after May 8, 2014. grants, contracts, or cooperative agreements 7874 of the Internal Revenue Code of 1986 is to support the establishment of a standard- amended to read as follows: SA 2892. Mrs. SHAHEEN (for herself, ized system for electronic prior authoriza- ‘‘(b) INVERTED CORPORATIONS TREATED AS Mr. WYDEN, Mrs. MURRAY, and Ms. STA- tion for coverage of drugs for medication as- DOMESTIC CORPORATIONS.— BENOW) submitted an amendment in- sisted treatment of addiction. For purposes ‘‘(1) IN GENERAL.—Notwithstanding section tended to be proposed to amendment of implementing this subparagraph, there is 7701(a)(4), a foreign corporation shall be authorized to be appropriated, and there is treated for purposes of this title as a domes- SA 2874 proposed by Mr. MCCONNELL to the bill H.R. 3762, to provide for rec- appropriated, $5,000,000 to enable the Sec- tic corporation if— retary to ward grants, contracts, or coopera- ‘‘(A) such corporation would be a surrogate onciliation pursuant to section 2002 of tive agreements to appropriate entities.’’. foreign corporation if subsection (a)(2) were the concurrent resolution on the budg- (b) FULL REPEAL OF IMD EXCLUSION IN applied by substituting ‘80 percent’ for ‘60 et for fiscal year 2016; as follows: MEDICAID EXPANSION STATES.— percent’, or At the appropriate place, insert the fol- (1) IN GENERAL.—The first sentence of sec- ‘‘(B) such corporation is an inverted do- lowing: tion 1905 of the Social Security Act (42 mestic corporation. SEC. ll. MENTAL HEALTH AND SUBSTANCE USE U.S.C. 1396d) is amended— ‘‘(2) INVERTED DOMESTIC CORPORATION.—For PREVENTION AND TREATMENT. (A) in subsection (a)(29), by inserting ‘‘and purposes of this subsection, a foreign cor- (a) APPLICABILITY OF MENTAL HEALTH PAR- subsection (ee)’’; and poration shall be treated as an inverted do- ITY AND ADDICTION EQUITY.—Section 1311(j) of (B) by adding at the end the following: mestic corporation if, pursuant to a plan (or the Patient Protection and Affordable Care ‘‘(ee) NONAPPLICATION OF IMD EXCLUSION IN a series of related transactions)— Act (42 U.S.C. 18031(j)) is amended to read as MEDICAID EXPANSION STATES.—Beginning ‘‘(A) the entity completes after May 8, 2014, follows: January 1, 2016, in the case of a State that the direct or indirect acquisition of— ‘‘(j) APPLICABILITY OF MENTAL HEALTH makes medical assistance available pursuant ‘‘(i) substantially all of the properties held PARITY AND ADDICTION EQUITY.— to section 1902(a)(10)(A)(i)(VIII) to individ- directly or indirectly by a domestic corpora- ‘‘(1) IN GENERAL.—Section 2726 of the Pub- uals described in such section— tion, or lic Health Service Act shall apply to quali- ‘‘(1) the payments exclusion in subsection ‘‘(ii) substantially all of the assets of, or fied health plans in the same manner and to (a)(29)(B) shall not apply to the State; and substantially all of the properties consti- the same extent as such section applies to ‘‘(2) the following provisions shall be ap- tuting a trade or business of, a domestic health insurance issuers and group health plied to the State as if ‘65 years of age or partnership, and plans. older’ and ‘65 years of age or over’ were

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.044 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8386 CONGRESSIONAL RECORD — SENATE December 3, 2015

struck from such provisions each place such Services program under subpart I of part B ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes phrases appear: of title XIX of the Public Health Service Act of this section— ‘‘(A) Paragraphs (20) and (21) of section (42 U.S.C. 300x et seq.). The Fund shall be ‘‘(1) IN GENERAL.—The term ‘high-income 1902(a). used to supplement, not supplant, funding taxpayer’ means, with respect to any taxable ‘‘(B) Subsection(a)(14). that is otherwise allocated to such programs. year, any taxpayer (other than a corpora- ‘‘(C) Section 1919(d)(7)(B)(i)(I).’’. (4) STERILE SYRINGE EXCHANGE PROGRAMS.— tion) with an adjusted gross income for such (c) IMPROVING ACCESS TO ASSERTIVE COM- With respect to fiscal year 2016, and each taxable year in excess of $1,000,000 (50 percent MUNITY TREATMENT PROGRAMS FOR MEDICAID subsequent fiscal year, in the case of a State of such amount in the case of a married indi- BENEFICIARIES.—Effective January 1, 2016, that operates a sterile syringe exchange pro- vidual who files a separate return). section 1903(a)(3) of the Social Security Act gram, the Secretary shall use the funds ap- ‘‘(2) INFLATION ADJUSTMENT.— (42 U.S.C. 1396a(a)(3)) is amended by inserting propriated in this section to increase such ‘‘(A) IN GENERAL.—In the case of a taxable after subparagraph (F) the following: State’s allotment under subpart II of part B year beginning after 2016, the $1,000,000 ‘‘(G)(i) 90 percent of so much of the sums of title XIX of the Public Health Service Act amount under paragraph (1) shall be in- expended during such quarter as are attrib- for such fiscal year, by 5 percent. creased by an amount equal to— utable to payments made for items and serv- SEC. ll. FAIR SHARE TAX ON HIGH-INCOME ‘‘(i) such dollar amount, multiplied by ices provided to individuals who are eligible TAXPAYERS. ‘‘(ii) the cost-of-living adjustment deter- for medical assistance under the State plan (a) IN GENERAL.—Subchapter A of chapter 1 mined under section 1(f)(3) for the calendar by Assertive Community Treatment (ACT) of the Internal Revenue Code of 1986 is year in which the taxable year begins, deter- programs that provide integrated, evidence- amended by adding at the end the following mined by substituting ‘calendar year 2015’ based treatment, rehabilitation, case man- new part: for ‘calendar year 1992’ in subparagraph (B) agement, and support services for individuals ‘‘PART VII—FAIR SHARE TAX ON HIGH- thereof. with serious mental illness; and’’. INCOME TAXPAYERS ‘‘(B) ROUNDING.—If any amount as adjusted (d) IMPROVING ACCESS TO MEDICATION AS- ‘‘Sec. 59A. Fair share tax. under subparagraph (A) is not a multiple of SISTED TREATMENT FOR MEDICAID BENE- ‘‘SEC. 59A. FAIR SHARE TAX. $10,000, such amount shall be rounded to the FICIARIES.—Effective January 1, 2016, section ‘‘(a) GENERAL RULE.— next lowest multiple of $10,000. 1903(a)(3)(G) of the Social Security Act (42 ‘‘(1) IMPOSITITION OF TAX.—In the case of ‘‘(d) PAYROLL TAX.—For purposes of this U.S.C. 1396a(a)(3)(G)), as added by section 3, any high-income taxpayer, there is hereby section, the payroll tax for any taxable year is amended by adding at the end the fol- imposed for a taxable year (in addition to is an amount equal to the excess of— lowing: any other tax imposed by this subtitle) a tax ‘‘(1) the taxes imposed on the taxpayer ‘‘(ii) 90 percent of so much of the sums ex- equal to the product of— under sections 1401, 1411, 3101, 3201, and pended during such quarter as are attrib- ‘‘(A) the amount determined under para- 3211(a) (to the extent such tax is attributable utable to payments made for items and serv- graph (2), and to the rate of tax in effect under section 3101) ices provided to individuals who are eligible ‘‘(B) a fraction (not to exceed 1)— with respect to such taxable year or wages or for medical assistance under the State plan ‘‘(i) the numerator of which is the excess compensation received during such taxable by person-centered health homes that are fo- of— year, over cused on the treatment of substance use dis- ‘‘(I) the taxpayer’s adjusted gross income, ‘‘(2) the deduction allowable under section orders, offer access to evidence-based behav- over 164(f) for such taxable year. ioral health therapies and medication assist- ‘‘(II) the dollar amount in effect under sub- ‘‘(e) SPECIAL RULE FOR ESTATES AND ance treatment, and offer screening and section (c)(1), and TRUSTS.—For purposes of this section, in the management of co-occurring physical health ‘‘(ii) the denominator of which is the dollar case of an estate or trust, adjusted gross in- issues and screening and management of co- amount in effect under subsection (c)(1). come shall be computed in the manner de- occurring mental health issues; and’’. ‘‘(2) AMOUNT OF TAX.—The amount of tax scribed in section 67(e). (e) SUPPORTING STATE STERILE SYRINGE EX- determined under this paragraph is an ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS CHANGE PROGRAMS.—Effective January 1, amount equal to the excess (if any) of— CHAPTER FOR CERTAIN PURPOSES.—The tax 2016, section 1903(a)(3)(G) of the Social Secu- ‘‘(A) the tentative fair share tax for the imposed under this section shall not be rity Act (42 U.S.C. 1396a(a)(3)(G)), as added taxable year, over treated as tax imposed by this chapter for by section 3 and amended by section 4, is ‘‘(B) the excess of— purposes of determining the amount of any amended by adding at the end the following: ‘‘(i) the sum of— credit under this chapter (other than the ‘‘(iii) 90 percent of so much of the sums ex- ‘‘(I) the regular tax liability (as defined in credit allowed under section 27(a)) or for pur- pended during such quarter as are attrib- section 26(b)) for the taxable year, deter- poses of section 55.’’. utable to payments for sterile syringe ex- mined without regard to any tax liability de- (b) CLERICAL AMENDMENT.—The table of change programs (without regard to whether termined under this section, parts for subchapter A of chapter 1 of the In- a recipient of items and services under such ‘‘(II) the tax imposed by section 55 for the ternal Revenue Code of 1986 is amended by a program is eligible for medical assistance taxable year, plus adding at the end the following new item: under the State plan or otherwise has health ‘‘(III) the payroll tax for the taxable year, ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME insurance coverage); plus’’. over TAXPAYERS’’. (f) IMPROVING THE PUBLIC HEALTH RE- ‘‘(ii) the credits allowable under part IV of SPONSE TO THE SUBSTANCE USE DISORDER EPI- subchapter A (other than sections 27(a), 31, (c) EFFECTIVE DATE.—The amendments DEMIC.— and 34). made by this section shall apply to taxable (1) PURPOSE.—It is the purpose of this sub- ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- years beginning after December 31, 2015. section to establish a new Substance Use and poses of this section— SEC. ll. MODIFICATION OF LIMITATION ON EX- Mental Health Capacity Expansion Fund (re- ‘‘(1) IN GENERAL.—The tentative fair share CESSIVE REMUNERATION. ferred to in this subsection as the ‘‘Fund’’), tax for the taxable year is 30 percent of the (a) REPEAL OF PERFORMANCE-BASED COM- to be administered through the Department excess of— PENSATION AND COMMISSION EXCEPTIONS FOR of Health and Human Services, to provide for ‘‘(A) the adjusted gross income of the tax- LIMITATION ON EXCESSIVE REMUNERATION.— an expanded and sustained national invest- payer, over (1) IN GENERAL.—Paragraph (4) of section ment in the prevention and treatment of in- ‘‘(B) the modified charitable contribution 162(m) of the Internal Revenue Code of 1986 is dividuals with substance use disorders and deduction for the taxable year. amended by striking subparagraphs (B) and mental illnesses. ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION (C) and by redesignating subparagraphs (D) (2) FUNDING.—There is authorized to be ap- DEDUCTION.—For purposes of paragraph (1)— through (G) as subparagraphs (B) through propriated, and there is appropriated, to the ‘‘(A) IN GENERAL.—The modified charitable (E), respectively. Fund, out of any monies in the Treasury not contribution deduction for any taxable year (2) CONFORMING AMENDMENTS.— otherwise appropriated— is an amount equal to the amount which (A) Section 162(m)(5) of such Code is (A) for fiscal year 2016, $500,000,000; bears the same ratio to the deduction allow- amended— (B) for fiscal year 2017, $750,000,000; able under section 170 (section 642(c) in the (i) by striking ‘‘subparagraphs (B), (C), and (C) for fiscal year 2018, $1,000,000,000; case of a trust or estate) for such taxable (D) thereof’’ in subparagraph (E) and insert- (D) for fiscal year 2019, $1,250,000,000; year as— ing ‘‘subparagraph (B) thereof’’, and (E) for fiscal year 2020, $1,500,000,000; and ‘‘(i) the amount of itemized deductions al- (ii) by striking ‘‘subparagraphs (F) and (F) for fiscal year 2021 and each fiscal year lowable under the regular tax (as defined in (G)’’ in subparagraph (G) and inserting ‘‘sub- thereafter, $2,500,000,000. section 55) for such taxable year, determined paragraphs (D) and (E)’’. (3) USE OF FUND.—The Secretary of Health after the application of section 68, bears to (B) Section 162(m)(6) of such Code is and Human Services shall transfer amounts ‘‘(ii) such amount, determined before the amended— in the Fund to accounts serving the Block application of section 68. (i) by striking ‘‘subparagraphs (B), (C), and Grants for Prevention and Treatment of Sub- ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case (D) thereof’’ in subparagraph (D) and insert- stance Abuse program under subpart II of of any individual who does not elect to ing ‘‘subparagraph (B) thereof’’, and part B of title XIX of the Public Health Serv- itemize deductions for the taxable year, the (ii) by striking ‘‘subparagraphs (F) and ice Act (42 U.S.C. 300x–21 et seq.) and the modified charitable contribution deduction (G)’’ in subparagraph (G) and inserting ‘‘sub- Block Grants for Community Mental Health shall be zero. paragraphs (D) and (E)’’.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.046 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8387

(b) EXPANSION OF APPLICABLE EMPLOYER.— ‘‘(B) such corporation is an inverted do- SEC. lll. CREDIT FOR DUAL-EARNER FAMI- Paragraph (2) of section 162(m) of the Inter- mestic corporation. LIES. nal Revenue Code of 1986 is amended to read ‘‘(2) INVERTED DOMESTIC CORPORATION.—For (a) IN GENERAL.—Subpart A of part IV of as follows: purposes of this subsection, a foreign cor- subchapter A of chapter 1 of the Internal ‘‘(2) PUBLICLY HELD CORPORATION.—For pur- poration shall be treated as an inverted do- Revenue Code of 1986 is amended by inserting poses of this subsection, the term ‘publicly mestic corporation if, pursuant to a plan (or after section 25D the following new section: held corporation’ means any corporation a series of related transactions)— ‘‘SEC. 25E. DUAL-EARNER FAMILIES. which is an issuer (as defined in section 3 of ‘‘(A) the entity completes after Nov. 30, ‘‘(a) ALLOWANCE OF CREDIT.—In the case of the Securities Exchange Act of 1934 (15 2015, the direct or indirect acquisition of— an eligible taxpayer, there shall be allowed U.S.C. 78c))— ‘‘(i) substantially all of the properties held as a credit against the tax imposed by this ‘‘(A) the securities of which are registered directly or indirectly by a domestic corpora- chapter for the taxable year an amount under section 12 of such Act (15 U.S.C. 78l), or tion, or equal to 7 percent of the lesser of— ‘‘(B) that is required to file reports under ‘‘(ii) substantially all of the assets of, or ‘‘(1) $10,000, or section 15(d) of such Act (15 U.S.C. 78o(d)).’’. substantially all of the properties consti- ‘‘(2) the earned income of the spouse with (c) APPLICATION TO ALL CURRENT AND tuting a trade or business of, a domestic the lower amount of earned income for such FORMER OFFICERS, DIRECTORS, AND EMPLOY- partnership, and taxable year. EES.— ‘‘(B) after the acquisition, more than 50 ‘‘(b) LIMITATION.—The amount of the credit allowable under subsection (a) shall be re- (1) IN GENERAL.—Section 162(m) of the In- percent of the stock (by vote or value) of the ternal Revenue Code of 1986, as amended by entity is held— duced (but not below zero) by an amount subsection (a), is amended— ‘‘(i) in the case of an acquisition with re- which bears the same ratio to the amount determined under subsection (a) (as deter- (A) by striking ‘‘covered employee’’ each spect to a domestic corporation, by former mined without regard to this subsection) as place it appears in paragraphs (1) and (4) and shareholders of the domestic corporation by the amount of the taxpayer’s excess adjusted inserting ‘‘covered individual’’, and reason of holding stock in the domestic cor- gross income bears to $20,000. (B) by striking ‘‘such employee’’ each poration, or ‘‘(c) DEFINITIONS.—For purposes of this sec- place it appears in subparagraphs (A) and (E) ‘‘(ii) in the case of an acquisition with re- tion— of paragraph (4) and inserting ‘‘such indi- spect to a domestic partnership, by former ‘‘(1) EARNED INCOME.—The term ‘earned in- vidual’’. partners of the domestic partnership by rea- come’ has the same meaning given such term (2) COVERED INDIVIDUAL.—Paragraph (3) of son of holding a capital or profits interest in in section 32(c)(2). section 162(m) of such Code is amended to the domestic partnership. ‘‘(2) ELIGIBLE TAXPAYER.— read as follows: ‘‘(3) EXCEPTION FOR CORPORATIONS WITH ‘‘(A) IN GENERAL.—The term ‘eligible tax- ‘‘(3) COVERED INDIVIDUAL.—For purposes of SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN payer’ means a taxpayer who— this subsection, the term ‘covered individual’ COUNTRY OF ORGANIZATION.—A foreign cor- ‘‘(i) files a joint return for the taxable year means any individual who is an officer, di- poration described in paragraph (2) shall not under section 6013, and rector, or employee of the taxpayer or a be treated as an inverted domestic corpora- ‘‘(ii) has at least 1 qualifying child (as de- former officer, director, or employee of the tion if after the acquisition the expanded af- fined in section 152(c)) who has not attained taxpayer.’’. filiated group which includes the entity has 12 years of age before the close of the taxable (3) CONFORMING AMENDMENTS.— substantial business activities in the foreign year. (A) Section 48D(b)(3)(A) of such Code is country in which or under the law of which ‘‘(3) EXCESS ADJUSTED GROSS INCOME.—The amended by inserting ‘‘(as in effect for tax- the entity is created or organized when com- term ‘excess adjusted gross income’ means so able years beginning before January 1, 2016)’’ pared to the total business activities of such much of the eligible taxpayer’s adjusted after ‘‘section 162(m)(3)’’. expanded affiliated group. For purposes of gross income for the taxable year as exceeds (B) Section 409A(b)(3)(D)(ii) of such Code is subsection (a)(2)(B)(iii) and the preceding $110,000. amended by inserting ‘‘(as in effect for tax- sentence, the term ‘substantial business ac- ‘‘(d) INFLATION ADJUSTMENT.— able years beginning before January 1, 2016)’’ tivities’ shall have the meaning given such ‘‘(1) IN GENERAL.—In the case of any tax- after ‘‘section 162(m)(3)’’. term under regulations in effect on Nov. 30, able year beginning after 2016, each of the (d) SPECIAL RULE FOR REMUNERATION PAID 2015, except that the Secretary may issue dollar amounts in subsections (a)(1) and TO BENEFICIARIES, ETC.—Paragraph (4) of sec- regulations increasing the threshold percent (c)(3) shall be increased by an amount equal tion 162(m), as amended by subsection (a), is in any of the tests under such regulations for to— amended by adding at the end the following determining if business activities constitute ‘‘(A) such dollar amount, multiplied by new subparagraph: substantial business activities for purposes ‘‘(B) the cost-of-living adjustment deter- ‘‘(F) SPECIAL RULE FOR REMUNERATION PAID of this paragraph.’’. mined under section 1(f)(3) for the calendar TO BENEFICIARIES, ETC.—Remuneration shall (b) CONFORMING AMENDMENTS.— year in which the taxable year begins, deter- not fail to be applicable employee remunera- (1) Clause (i) of section 7874(a)(2)(B) of such mined by substituting ‘calendar year 2015’ tion merely because it is includible in the in- Code is amended by striking ‘‘after March 4, for ‘calendar year 1992’ in subparagraph (B) come of, or paid to, a person other than the 2003,’’ and inserting ‘‘after March 4, 2003, and thereof. covered individual, including after the death before Dec. 1, 2015,’’. ‘‘(2) ROUNDING.—If any dollar amount in of the covered individual.’’. (2) Subsection (c) of section 7874 of such subsection (a)(1) or (c)(3), after being in- (e) REGULATORY AUTHORITY.— Code is amended— creased under paragraph (1), is not a mul- (1) IN GENERAL.—Section 162(m) of the In- (A) in paragraph (2)— tiple of $1,000, such dollar amount shall be ternal Revenue Code of 1986 is amended by (i) by striking ‘‘subsection (a)(2)(B)(ii)’’ rounded to the nearest multiple of $1,000. adding at the end the following new para- and inserting ‘‘subsections (a)(2)(B)(ii) and ‘‘(e) ADDITIONAL ELIGIBILITY REQUIRE- graph: (b)(2)(B)’’, and MENTS.— ‘‘(7) REGULATIONS.—The Secretary may (ii) by inserting ‘‘or (b)(2)(A)’’ after ‘‘(1) INDIVIDUAL CLAIMING BENEFITS UNDER prescribe such guidance, rules, or regula- ‘‘(a)(2)(B)(i)’’ in subparagraph (B), SECTION 911.—No credit shall be allowed under tions, including with respect to reporting, as (B) in paragraph (3), by inserting ‘‘or this section if an individual (or the individ- are necessary to carry out the purposes of (b)(2)(B), as the case may be,’’ after ual’s spouse) claims the benefits of section this subsection.’’. ‘‘(a)(2)(B)(ii)’’, 911 for the taxable year. (2) CONFORMING AMENDMENT.—Paragraph (C) in paragraph (5), by striking ‘‘sub- ‘‘(2) NON-RESIDENT ALIENS.—No credit shall (6) of section 162(m) of such Code is amended section (a)(2)(B)(ii)’’ and inserting ‘‘sub- be allowed under this section if an individual by striking subparagraph (H). sections (a)(2)(B)(ii) and (b)(2)(B)’’, and (or the individual’s spouse) is a nonresident (f) EFFECTIVE DATE.—The amendments (D) in paragraph (6), by inserting ‘‘or in- alien individual for any portion of the tax- made by this section shall apply to taxable verted domestic corporation, as the case may able year unless such individual is treated years beginning after December 31, 2015. be,’’ after ‘‘surrogate foreign corporation’’. for such taxable year as a resident of the SEC. lll. MODIFICATIONS TO RULES RELATING (c) EFFECTIVE DATE.—The amendments United States for purposes of this chapter by TO INVERTED CORPORATIONS. made by this section shall apply to taxable reason of an election under subsection (g) or (a) IN GENERAL.—Subsection (b) of section years ending after Nov. 30, 2015. (h) of section 6013. 7874 of the Internal Revenue Code of 1986 is ‘‘(3) IDENTIFICATION NUMBER REQUIRE- amended to read as follows: SA 2893. Mr. CASEY (for himself, Ms. MENT.—No credit shall be allowed under this ‘‘(b) INVERTED CORPORATIONS TREATED AS BALDWIN, Mrs. MURRAY, and Mr. REED) section if the eligible taxpayer does not in- DOMESTIC CORPORATIONS.— proposed an amendment to amendment clude on the joint return of tax for the tax- ‘‘(1) IN GENERAL.—Notwithstanding section SA 2874 proposed by Mr. MCCONNELL to able year— 7701(a)(4), a foreign corporation shall be the bill H.R. 3762, to provide for rec- ‘‘(A) the taxpayer identification number of treated for purposes of this title as a domes- the individual and the individual’s spouse, tic corporation if— onciliation pursuant to section 2002 of and ‘‘(A) such corporation would be a surrogate the concurrent resolution on the budg- ‘‘(B) the name, age, and taxpayer identi- foreign corporation if subsection (a)(2) were et for fiscal year 2016; as follows: fication number of any qualifying children. applied by substituting ‘80 percent’ for ‘60 At the appropriate place, insert the fol- ‘‘(f) TAXABLE YEAR MUST BE FULL TAXABLE percent’, or lowing: YEAR.—Except in the case of a taxable year

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.046 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8388 CONGRESSIONAL RECORD — SENATE December 3, 2015 closed by reason of the death of an indi- (E) Paragraph (2) of section 129(b) of such ‘‘(A) the adjusted gross income of the tax- vidual, no credit shall be allowable under Code is amended by striking ‘‘section payer, over this section in the case of a taxable year cov- 21(d)(2)’’ and inserting ‘‘section 36C(d)(2)’’. ‘‘(B) the modified charitable contribution ering a period of less than 12 months.’’. (F) Paragraph (1) of section 129(e) of such deduction for the taxable year. (b) CONFORMING AMENDMENT.—The table of Code is amended by striking ‘‘section ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION sections for subpart A of part IV of sub- 21(b)(2)’’ and inserting ‘‘section 36C(b)(2)’’. DEDUCTION.—For purposes of paragraph (1)— chapter A of chapter 1 of the Internal Rev- (G) Subsection (e) of section 213 of such ‘‘(A) IN GENERAL.—The modified charitable enue Code of 1986 is amended by inserting Code is amended by striking ‘‘section 21’’ and contribution deduction for any taxable year after the item relating to section 25D the fol- inserting ‘‘section 36C’’. is an amount equal to the amount which lowing: (H) Subparagraph (A) of section 6211(b)(4) bears the same ratio to the deduction allow- ‘‘Sec. 25E. Dual-earner families.’’. of such Code is amended by inserting ‘‘36C,’’ able under section 170 (section 642(c) in the (c) EFFECTIVE DATE.—The amendments after ‘‘36B,’’. case of a trust or estate) for such taxable made by this section shall apply to taxable (I) Subparagraph (H) of section 6213(g)(2) of year as— years beginning after December 31, 2015. such Code is amended by striking ‘‘section ‘‘(i) the amount of itemized deductions al- SEC. lll. ENHANCEMENT OF THE DEPENDENT 21’’ and inserting ‘‘section 36C’’. lowable under the regular tax (as defined in CARE TAX CREDIT. (J) Subparagraph (L) of section 6213(g)(2) of section 55) for such taxable year, determined (a) INCREASE IN DEPENDENT CARE TAX such Code is amended by striking ‘‘section after the application of section 68, bears to CREDIT.— 21, 24, or 32,’’ and inserting ‘‘section 24, 32, or ‘‘(ii) such amount, determined before the (1) INCREASE IN INCOMES ELIGIBLE FOR FULL 36C,’’. application of section 68. CREDIT.—Paragraph (2) of section 21(a) of the (K) Paragraph (2) of section 1324(b) of title ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case Internal Revenue Code of 1986 is amended to 31, United States Code, is amended by insert- of any individual who does not elect to read as follows: ing ‘‘36C,’’ after ‘‘36B,’’. itemize deductions for the taxable year, the ‘‘(2) APPLICABLE PERCENTAGE DEFINED.—For (L) The table of sections for subpart C of modified charitable contribution deduction purposes of paragraph (1), the term ‘applica- part IV of subchapter A of chapter 1 of the shall be zero. ble percentage’ means 35 percent reduced Internal Revenue Code of 1986 is amended by ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes (but not below zero) by 1 percentage point inserting after the item relating to section of this section— for each $5,000 (or fraction thereof) by which 36B the following: ‘‘(1) IN GENERAL.—The term ‘high-income the taxpayer’s adjusted gross income for the ‘‘Sec. 36C. Expenses for household and de- taxpayer’ means, with respect to any taxable taxable year exceeds $110,000.’’. year, any taxpayer (other than a corpora- (2) INCREASE IN DOLLAR LIMIT ON AMOUNT pendent care services necessary for gainful employment.’’. tion) with an adjusted gross income for such CREDITABLE.—Subsection (c) of section 21 of taxable year in excess of $1,000,000 (50 percent the Internal Revenue Code of 1986 is amend- (M) The table of sections for subpart A of of such amount in the case of a married indi- ed— such part IV of such Code is amended by vidual who files a separate return). (A) by striking ‘‘$3,000’’ in paragraph (1) striking the item relating to section 21. ‘‘(2) INFLATION ADJUSTMENT.— and inserting ‘‘$8,000’’, and (c) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—In the case of a taxable (B) by striking ‘‘$6,000’’ in paragraph (2) made by this section shall apply to taxable year beginning after 2016, the $1,000,000 and inserting ‘‘$16,000’’. years beginning after December 31, 2015. amount under paragraph (1) shall be in- (3) INFLATION ADJUSTMENT.—Section 21 of SEC. lll. FAIR SHARE TAX ON HIGH-INCOME creased by an amount equal to— the Internal Revenue Code of 1986 is amend- TAXPAYERS. ‘‘(i) such dollar amount, multiplied by ed— (a) IN GENERAL.—Subchapter A of chapter 1 ‘‘(ii) the cost-of-living adjustment deter- (A) by redesignating subsection (f) as sub- of the Internal Revenue Code of 1986 is mined under section 1(f)(3) for the calendar section (g), and amended by adding at the end the following year in which the taxable year begins, deter- (B) by inserting after subsection (e) the fol- new part: mined by substituting ‘calendar year 2015’ lowing new subsection: ‘‘PART VII—FAIR SHARE TAX ON HIGH- for ‘calendar year 1992’ in subparagraph (B) ‘‘(f) INFLATION ADJUSTMENT.— INCOME TAXPAYERS thereof. ‘‘(1) IN GENERAL.—In the case of any tax- ‘‘(B) ROUNDING.—If any amount as adjusted able year beginning after 2016, the $110,000 ‘‘Sec. 59A. Fair share tax. under subparagraph (A) is not a multiple of amount in subsection (a)(2) and each of the ‘‘SEC. 59A. FAIR SHARE TAX. $10,000, such amount shall be rounded to the dollar amounts in subsection (c) shall each ‘‘(a) GENERAL RULE.— next lowest multiple of $10,000. be increased by an amount equal to— ‘‘(1) IMPOSITITION OF TAX.—In the case of ‘‘(d) PAYROLL TAX.—For purposes of this any high-income taxpayer, there is hereby ‘‘(A) such dollar amount, multiplied by section, the payroll tax for any taxable year imposed for a taxable year (in addition to ‘‘(B) the cost-of-living adjustment deter- is an amount equal to the excess of— any other tax imposed by this subtitle) a tax mined under section 1(f)(3) for the calendar ‘‘(1) the taxes imposed on the taxpayer equal to the product of— year in which the taxable year begins, by under sections 1401, 1411, 3101, 3201, and ‘‘(A) the amount determined under para- substituting ‘2015’ for ‘1992’ in subparagraph 3211(a) (to the extent such tax is attributable graph (2), and (B) thereof. to the rate of tax in effect under section 3101) ‘‘(B) a fraction (not to exceed 1)— ‘‘(2) ROUNDING.—The amount of any in- with respect to such taxable year or wages or ‘‘(i) the numerator of which is the excess crease under paragraph (1) shall be rounded— compensation received during such taxable of— ‘‘(A) for purposes of the dollar amount in year, over ‘‘(I) the taxpayer’s adjusted gross income, subsection (a)(2), the nearest multiple of ‘‘(2) the deduction allowable under section over $1,000, and 164(f) for such taxable year. ‘‘(B) for purposes of the dollar amounts in ‘‘(II) the dollar amount in effect under sub- ‘‘(e) SPECIAL RULE FOR ESTATES AND subsection (c), the nearest multiple of $100.’’. section (c)(1), and TRUSTS.—For purposes of this section, in the (b) DEPENDENT CARE TAX CREDIT TO BE RE- ‘‘(ii) the denominator of which is the dollar case of an estate or trust, adjusted gross in- FUNDABLE.— amount in effect under subsection (c)(1). come shall be computed in the manner de- (1) IN GENERAL.—The Internal Revenue ‘‘(2) AMOUNT OF TAX.—The amount of tax scribed in section 67(e). Code of 1986 is amended— determined under this paragraph is an ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS (A) by redesignating section 21, as amended amount equal to the excess (if any) of— CHAPTER FOR CERTAIN PURPOSES.—The tax by subsection (a), as section 36C, and ‘‘(A) the tentative fair share tax for the imposed under this section shall not be (B) by moving section 36C, as so redesig- taxable year, over treated as tax imposed by this chapter for nated, from subpart A of part IV of sub- ‘‘(B) the excess of— purposes of determining the amount of any chapter A of chapter 1 to the location imme- ‘‘(i) the sum of— credit under this chapter (other than the diately before section 37 in subpart C of part ‘‘(I) the regular tax liability (as defined in credit allowed under section 27(a)) or for pur- IV of subchapter A of chapter 1. section 26(b)) for the taxable year, deter- poses of section 55.’’. (2) TECHNICAL AMENDMENTS.— mined without regard to any tax liability de- (b) CLERICAL AMENDMENT.—The table of (A) Paragraph (1) of section 23(f) of the In- termined under this section, parts for subchapter A of chapter 1 of the In- ternal Revenue Code of 1986 is amended by ‘‘(II) the tax imposed by section 55 for the ternal Revenue Code of 1986 is amended by striking ‘‘21(e)’’ and inserting ‘‘36C(e)’’. taxable year, plus adding at the end the following new item: (B) Paragraph (6) of section 35(g) of such ‘‘(III) the payroll tax for the taxable year, ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME Code is amended by striking ‘‘21(e)’’ and in- over TAXPAYERS’’. serting ‘‘36C(e)’’. ‘‘(ii) the credits allowable under part IV of (c) EFFECTIVE DATE.—The amendments (C) Paragraph (1) of section 36C(a) of such subchapter A (other than sections 27(a), 31, made by this section shall apply to taxable Code (as redesignated by paragraph (1)) is and 34). years beginning after December 31, 2015. amended by striking ‘‘this chapter’’ and in- ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- SEC. lll. MODIFICATION OF LIMITATION ON serting ‘‘this subtitle’’. poses of this section— EXCESSIVE REMUNERATION. (D) Subparagraph (C) of section 129(a)(2) of ‘‘(1) IN GENERAL.—The tentative fair share (a) REPEAL OF PERFORMANCE-BASED COM- such Code is amended by striking ‘‘section tax for the taxable year is 30 percent of the PENSATION AND COMMISSION EXCEPTIONS FOR 21(e)’’ and inserting ‘‘section 36C(e)’’. excess of— LIMITATION ON EXCESSIVE REMUNERATION.—

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.045 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8389

(1) IN GENERAL.—Paragraph (4) of section are necessary to carry out the purposes of (B) in paragraph (3), by inserting ‘‘or 162(m) of the Internal Revenue Code of 1986 is this subsection.’’. (b)(2)(B), as the case may be,’’ after amended by striking subparagraphs (B) and (2) CONFORMING AMENDMENT.—Paragraph ‘‘(a)(2)(B)(ii)’’, (C) and by redesignating subparagraphs (D) (6) of section 162(m) of such Code is amended (C) in paragraph (5), by striking ‘‘sub- through (G) as subparagraphs (B) through by striking subparagraph (H). section (a)(2)(B)(ii)’’ and inserting ‘‘sub- (E), respectively. (f) EFFECTIVE DATE.—The amendments sections (a)(2)(B)(ii) and (b)(2)(B)’’, and (2) CONFORMING AMENDMENTS.— made by this section shall apply to taxable (D) in paragraph (6), by inserting ‘‘or in- (A) Section 162(m)(5) of such Code is years beginning after December 31, 2015. verted domestic corporation, as the case may amended— SEC. ll. MODIFICATIONS TO RULES RELATING be,’’ after ‘‘surrogate foreign corporation’’. (i) by striking ‘‘subparagraphs (B), (C), and TO INVERTED CORPORATIONS. (c) EFFECTIVE DATE.—The amendments (D) thereof’’ in subparagraph (E) and insert- (a) IN GENERAL.—Subsection (b) of section made by this section shall apply to taxable ing ‘‘subparagraph (B) thereof’’, and 7874 of the Internal Revenue Code of 1986 is years ending after November 30, 2015. (ii) by striking ‘‘subparagraphs (F) and amended to read as follows: (G)’’ in subparagraph (G) and inserting ‘‘sub- ‘‘(b) INVERTED CORPORATIONS TREATED AS SA 2894. Mr. LEE submitted an paragraphs (D) and (E)’’. DOMESTIC CORPORATIONS.— amendment intended to be proposed to ‘‘(1) IN GENERAL.—Notwithstanding section (B) Section 162(m)(6) of such Code is amendment SA 2874 proposed by Mr. amended— 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domes- MCCONNELL to the bill H.R. 3762, to (i) by striking ‘‘subparagraphs (B), (C), and provide for reconciliation pursuant to (D) thereof’’ in subparagraph (D) and insert- tic corporation if— ing ‘‘subparagraph (B) thereof’’, and ‘‘(A) such corporation would be a surrogate section 2002 of the concurrent resolu- (ii) by striking ‘‘subparagraphs (F) and foreign corporation if subsection (a)(2) were tion on the budget for fiscal year 2016; (G)’’ in subparagraph (G) and inserting ‘‘sub- applied by substituting ‘80 percent’ for ‘60 which was ordered to lie on the table; percent’, or paragraphs (D) and (E)’’. as follows: (b) EXPANSION OF APPLICABLE EMPLOYER.— ‘‘(B) such corporation is an inverted do- mestic corporation. At the appropriate place, insert the fol- Paragraph (2) of section 162(m) of the Inter- lowing: nal Revenue Code of 1986 is amended to read ‘‘(2) INVERTED DOMESTIC CORPORATION.—For as follows: purposes of this subsection, a foreign cor- SEC. llll. PAYMENTS IN LIEU OF TAXES. Section 6903 of title 31, United States Code, ‘‘(2) PUBLICLY HELD CORPORATION.—For pur- poration shall be treated as an inverted do- poses of this subsection, the term ‘publicly mestic corporation if, pursuant to a plan (or is amended— held corporation’ means any corporation a series of related transactions)— (1) in subsection (b)(1), in the matter pre- which is an issuer (as defined in section 3 of ‘‘(A) the entity completes after November ceding subparagraph (A), by striking ‘‘A pay- the Securities Exchange Act of 1934 (15 30, 2015, the direct or indirect acquisition ment’’ and inserting ‘‘Except as provided in U.S.C. 78c))— of— subsection (e), a payment’’; and ‘‘(A) the securities of which are registered ‘‘(i) substantially all of the properties held (2) by adding at the end the following: LTERNATE PAYMENT.— under section 12 of such Act (15 U.S.C. 78l), or directly or indirectly by a domestic corpora- ‘‘(e) A ‘‘(1) IN GENERAL.—A unit of general local ‘‘(B) that is required to file reports under tion, or government may opt out of the payment cal- section 15(d) of such Act (15 U.S.C. 78o(d)).’’. ‘‘(ii) substantially all of the assets of, or (c) APPLICATION TO ALL CURRENT AND substantially all of the properties consti- culation that would otherwise apply under FORMER OFFICERS, DIRECTORS, AND EMPLOY- tuting a trade or business of, a domestic subsection (b)(1), by notifying the Secretary EES.— partnership, and of the Interior, by the deadline established (1) IN GENERAL.—Section 162(m) of the In- ‘‘(B) after the acquisition, more than 50 by the Secretary of the Interior, of the elec- ternal Revenue Code of 1986, as amended by percent of the stock (by vote or value) of the tion of the unit of general local government subsection (a), is amended— entity is held— to receive an alternate payment amount, as (A) by striking ‘‘covered employee’’ each ‘‘(i) in the case of an acquisition with re- calculated in accordance with the formula place it appears in paragraphs (1) and (4) and spect to a domestic corporation, by former established under paragraph (2). inserting ‘‘covered individual’’, and shareholders of the domestic corporation by ‘‘(2) FORMULA.—As soon as practicable (B) by striking ‘‘such employee’’ each reason of holding stock in the domestic cor- after the date of enactment of this sub- place it appears in subparagraphs (A) and (E) poration, or section, the Secretary of the Interior shall of paragraph (4) and inserting ‘‘such indi- ‘‘(ii) in the case of an acquisition with re- establish an alternate payment formula that vidual’’. spect to a domestic partnership, by former is based on the estimated forgone property (2) COVERED INDIVIDUAL.—Paragraph (3) of partners of the domestic partnership by rea- taxes, using a fair market valuation, due to section 162(m) of such Code is amended to son of holding a capital or profits interest in the presence of Federal land within the unit read as follows: the domestic partnership. of general local government without raising ‘‘(3) COVERED INDIVIDUAL.—For purposes of ‘‘(3) EXCEPTION FOR CORPORATIONS WITH new revenue.’’. this subsection, the term ‘covered individual’ SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN means any individual who is an officer, di- COUNTRY OF ORGANIZATION.—A foreign cor- SA 2895. Ms. AYOTTE submitted an rector, or employee of the taxpayer or a poration described in paragraph (2) shall not amendment intended to be proposed to former officer, director, or employee of the be treated as an inverted domestic corpora- amendment SA 2874 proposed by Mr. taxpayer.’’. tion if after the acquisition the expanded af- MCCONNELL to the bill H.R. 3762, to (3) CONFORMING AMENDMENTS.— filiated group which includes the entity has provide for reconciliation pursuant to (A) Section 48D(b)(3)(A) of such Code is substantial business activities in the foreign section 2002 of the concurrent resolu- country in which or under the law of which amended by inserting ‘‘(as in effect for tax- tion on the budget for fiscal year 2016; able years beginning before January 1, 2016)’’ the entity is created or organized when com- after ‘‘section 162(m)(3)’’. pared to the total business activities of such which was ordered to lie on the table; (B) Section 409A(b)(3)(D)(ii) of such Code is expanded affiliated group. For purposes of as follows: amended by inserting ‘‘(as in effect for tax- subsection (a)(2)(B)(iii) and the preceding At the appropriate place, insert the fol- able years beginning before January 1, 2016)’’ sentence, the term ‘substantial business ac- lowing: after ‘‘section 162(m)(3)’’. tivities’ shall have the meaning given such SEC. lll. SUPPORT FOR STATE RESPONSE TO (d) SPECIAL RULE FOR REMUNERATION PAID term under regulations in effect on Novem- SUBSTANCE ABUSE PUBLIC HEALTH TO BENEFICIARIES, ETC.—Paragraph (4) of sec- ber 30, 2015, except that the Secretary may CRISIS AND URGENT MENTAL tion 162(m), as amended by subsection (a), is issue regulations increasing the threshold HEALTH NEEDS. amended by adding at the end the following percent in any of the tests under such regu- (a) IN GENERAL.—There are authorized to new subparagraph: lations for determining if business activities be appropriated, and are appropriated, out of ‘‘(F) SPECIAL RULE FOR REMUNERATION PAID constitute substantial business activities for monies in the Treasury not otherwise obli- TO BENEFICIARIES, ETC.—Remuneration shall purposes of this paragraph.’’. gated, $750,000,000 for each of fiscal years 2016 not fail to be applicable employee remunera- (b) CONFORMING AMENDMENTS.— and 2017, to the Secretary of Health and tion merely because it is includible in the in- (1) Clause (i) of section 7874(a)(2)(B) of such Human Services (referred to in this section come of, or paid to, a person other than the Code is amended by striking ‘‘after March 4, as the ‘‘Secretary’’) to award grants to covered individual, including after the death 2003,’’ and inserting ‘‘after March 4, 2003, and States to address the substance abuse public of the covered individual.’’. before December 1, 2015,’’. health crisis or to respond to urgent mental (e) REGULATORY AUTHORITY.— (2) Subsection (c) of section 7874 of such health needs within the State. In awarding (1) IN GENERAL.—Section 162(m) of the In- Code is amended— grants under this section, the Secretary may ternal Revenue Code of 1986 is amended by (A) in paragraph (2)— give preference to States with an incidence adding at the end the following new para- (i) by striking ‘‘subsection (a)(2)(B)(ii)’’ or prevalence of substance use disorders that graph: and inserting ‘‘subsections (a)(2)(B)(ii) and is substantial relative to other States or to ‘‘(7) REGULATIONS.—The Secretary may (b)(2)(B)’’, and States that identify mental health needs prescribe such guidance, rules, or regula- (ii) by inserting ‘‘or (b)(2)(A)’’ after within their communities that are urgent tions, including with respect to reporting, as ‘‘(a)(2)(B)(i)’’ in subparagraph (B), relative to such needs of other States. Funds

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.045 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8390 CONGRESSIONAL RECORD — SENATE December 3, 2015 appropriated under this subsection shall re- SA 2897. Mr. PAUL submitted an (b) BACKGROUND CHECK.—The Secretary of main available until expended. amendment intended to be proposed to Homeland Security shall screen and perform (b) USE OF FUNDS.—Grants awarded to a amendment SA 2874 proposed by Mr. a security review on all individuals seeking State under subsection (a) shall be used for asylum or refugee status under section 207 or one or more of the following public health- MCCONNELL to the bill H.R. 3762, to 208 of the Immigration and Nationality Act related activities: provide for reconciliation pursuant to (8 U.S.C. 1157 and 1158) to ensure that such (1) Improving State prescription drug mon- section 2002 of the concurrent resolu- individuals do not present a national secu- itoring programs. tion on the budget for fiscal year 2016; rity risk to the United States. (2) Implementing prevention activities, which was ordered to lie on the table; (c) MONITORING.—The Secretary of Home- and evaluating such activities to identify ef- as follows: land Security shall monitor individuals fective strategies to prevent substance granted asylum or admitted as refugees for At the appropriate place, insert the fol- indications of terrorism. abuse. lowing: (3) Training for health care practitioners, (d) REPORTS AND CERTIFICATIONS.— SEC. ll. REFUGEE ASSISTANCE. such as best practices for prescribing opioids, (1) ANNUAL SCREENING EFFECTIVENESS RE- Chapter 2 of title IV of the Immigration pain management, recognizing potential PORTS.—Not later than 25 days after the date and Nationality Act (8 U.S.C. 1521 et seq.) is of the enactment of this Act, and annually cases of substance abuse, referral of patients repealed. thereafter, the Secretary of Homeland Secu- to treatment programs, and overdose preven- rity shall submit a report to Congress that— tion. SA 2898. Mr. PAUL submitted an (A) describes the effectiveness with which (4) Supporting access to health care serv- the Department is screening applicants for ices provided by federally certified opioid amendment intended to be proposed to asylum and refugee status; treatment programs or other appropriate amendment SA 2874 proposed by Mr. (B) identifies the number of aliens seeking health care providers to treat substance use MCCONNELL to the bill H.R. 3762, to asylum or refugee status who were screened disorders or mental health needs. provide for reconciliation pursuant to and registered during the past fiscal year, (5) Supporting initiatives designed to help section 2002 of the concurrent resolu- broken down by country of origin; individuals with a substance use disorder tion on the budget for fiscal year 2016; (C) identifies the number of unfinished or achieve and sustain recovery. which was ordered to lie on the table; unresolved security screenings for aliens de- (6) Other public health-related activities, as follows: scribed in subparagraph (B); as the State determines appropriate, related (D) identifies the number of refugees ad- to addressing the substance abuse public At the appropriate place, insert the fol- lowing: mitted to the United States under section health crisis or responding to urgent mental 207 or 208 of the Immigration and Nation- health needs within the State. SEC. ll. GRANTS TO STATES. (a) TANF.—Section 403(a)(5)(v)(I) of the So- ality Act (8 U.S.C. 1157 and 1158) who— (i) have not yet participated in the en- SA 2896. Mr. PAUL submitted an cial Security Act, 42 U.S.C., is amended by inserting ‘‘(excluding individuals who were hanced screening process required under sec- amendment intended to be proposed to tion 303(a); or amendment SA 2874 proposed by Mr. admitted to the United States as refugees under section 207 of the Immigration and Na- (ii) have not been notified by the Secretary MCCONNELL to the bill H.R. 3762, to tionality Act (8 U.S.C. 1157))’’ after ‘‘individ- pursuant to subsection (a); provide for reconciliation pursuant to uals in the State’’. (E) identifies the number of aliens seeking section 2002 of the concurrent resolu- (b) SSI.—Section 1611(a) of the Social Se- asylum or refugee status who were deported tion on the budget for fiscal year 2016; curity Act, 42 U.S.C., is amended— as a result of information gathered during which was ordered to lie on the table; (1) in paragraph (1), in the matter pre- interviews and background checks conducted as follows: ceding subparagraph (A), by inserting ‘‘(ex- pursuant to subsections (a)(2) and (b), broken cluding individuals who were admitted to the down by country of origin; and At the appropriate place, insert the fol- (F) indicates whether the enhanced screen- lowing: United States as refugees under section 207 of the Immigration and Nationality Act (8 ing process has been implemented in a man- SEC. ll. LIMITATION ON REFUGEE ASSISTANCE. U.S.C. 1157))’’ after ‘‘disabled individual’’; ner that is overbroad or results in the depor- (a) IN GENERAL.—Notwithstanding chapter and tation of individuals who pose no reasonable 2 of title IV of the Immigration and Nation- (2) in paragraph (2), in the matter pre- national security threat. ality Act (8 U.S.C. 1521 et seq.), refugees who ceding subparagraph (A), by inserting ‘‘(ex- (2) CERTIFICATION AND NATIONAL SECURITY have been nationals of any of the countries cluding individuals who were admitted to the REPORT.—Not later than 30 days after the listed in subsection (b) are not eligible to re- United States as refugees under section 207 date of the enactment of this Act, the Sec- ceive any assistance under such chapter. of the Immigration and Nationality Act (8 retary of Homeland Security shall certify to (b) COUNTRIES.—The countries listed in this U.S.C. 1157))’’ after ‘‘disabled individual’’. Congress that— subsection are— (A) the requirements described in sub- (1) Afghanistan; SA 2899. Mr. PAUL submitted an sections (a) through (c) have been completed; (2) Algeria; amendment intended to be proposed to (B) the report required under paragraph (1) (3) Bahrain; was timely submitted; and (4) Bangladesh; amendment SA 2874 proposed by Mr. (C) all necessary steps have been taken to (5) Egypt; MCCONNELL to the bill H.R. 3762, to improve the refugee screening process to pre- (6) Eritrea; provide for reconciliation pursuant to vent terrorists from threatening national se- (7) Indonesia; section 2002 of the concurrent resolu- curity by gaining admission to the United (8) Iran; tion on the budget for fiscal year 2016; States by claiming refugee or asylee status (9) Iraq; as follows: and refugee status. (10) Jordan; (e) TEMPORARY MORATORIUM ON REFUGEE At the end of the amendment, add the fol- (11) Kazakhstan; ADMISSION.— lowing: (12) Kuwait; (1) IN GENERAL.—The Secretary of State (13) Kyrgyzstan; TITLE III—HOMELAND SECURITY may not approve an application for refugee (14) Lebanon; SEC. 301. SHORT TITLE. status under section 207 of the Immigration (15) Libya; This title may be cited as the ‘‘Stop Ex- and Nationality Act (8 U.S.C. 1157) and the (16) Mali; tremists Coming Under Refugee Entry Act’’ Secretary of Homeland Security may not ap- (17) Morocco; or the ‘‘SECURE Act’’. prove an application for asylum under sec- (18) Nigeria; SEC. 302. ENHANCED REFUGEE SECURITY tion 208 of such Act (8 U.S.C. 1158) to any na- (19) North Korea; SCREENING. tional of a high-risk country. (20) Oman; (a) REGISTRATION.—The Secretary of Home- (2) HIGH-RISK COUNTRY.—In this subsection, (21) Pakistan; land Security shall notify each alien admit- the term ‘‘high-risk country’’ means any of (22) Palestinian Territories; ted as a refugee under section 207 of the Im- the following countries or territories: (23) Qatar; migration and Nationality Act (8 U.S.C. 1157) (A) Afghanistan. (24) Russia; or granted asylum under section 208 of such (B) Algeria. (25) Saudi Arabia; Act (8 U.S.C. 1158) that the alien, not later (C) Bahrain. (26) Somalia; than 30 days after the date of the enactment (D) Bangladesh. (27) Sudan; of this Act— (E) Egypt. (28) Syria; (1) shall register with the Department of (F) Eritrea. (29) Tajikistan; Homeland Security as part of the enhanced (G) Indonesia. (30) Tunisia; screening process described in section 303; (H) Iran. (31) Turkey; and (I) Iraq. (32) United Arab Emirates; (2) shall be interviewed and fingerprinted (J) Jordan. (33) Uzbekistan; and by an official of the Department of Home- (K) Kazakhstan. (34) Yemen. land Security. (L) Kuwait.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.047 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8391

(M) Kyrgyzstan. (3) USE OF FEES.—Fees collected from ap- tem and any other database necessary to (N) Lebanon. plicants for the Global Entry trusted trav- correlate an alien’s entry and exit data. (O) Libya. eler program shall be used to pay for the cost (b) PROCESSING OF RECORDS.—Before the (P) Mali. of enhanced screening required under this departure of outbound aliens at each point of (Q) Morocco. title. entry, the Secretary shall provide for cross- (R) Nigeria. (4) RULE OF CONSTRUCTION.—Nothing in this reference capability between databases des- (S) North Korea. title may be construed as requiring the Sec- ignated by the Secretary under subsection (T) Oman. retary of Homeland Security to approve an (a) to determine and record whether an out- (U) Pakistan. unqualified or high-risk applicant for enroll- bound alien has been in the United States (V) Qatar. ment in the Global Entry trusted traveler without lawful immigration status. (W) Russia. program. (c) RECORDS INCLUSION REQUIREMENTS.— (X) Saudi Arabia. SEC. 304. ENHANCED SECURITY SCREENING FOR The Secretary shall maintain readily acces- (Y) Somalia. HIGHER-RISK VISA APPLICANTS. sible entry-exit data records for immigration (Z) Sudan. (a) MORATORIUM ON HIGH-RISK VISAS.— and other law enforcement and improve im- (AA) Syria. (1) IN GENERAL.—Except as provided in migration control and enforcement by in- (BB) Tajikistan. paragraph (2), the Secretary of Homeland Se- cluding information necessary to determine (CC) Tunisia. curity may not approve any application for whether an outbound alien without lawful (DD) Turkey. entry to the United States from an alien who presence in the United States entered the (EE) United Arab Emirates. is a national of, or who is applying from, a country through— (FF) Uzbekistan. high-risk country (as defined in section (1) unauthorized entry between points of (GG) Yemen. 302(e)) until after— entry; (HH) The Palestinian Territories. (A) the completion of the congressional re- (2) visa or other temporary authorized sta- (f) CONDITIONS FOR RESUMPTION OF APPROV- view process described in subsection (b); and tus; ALS.—The moratorium under subsection (e) (B) the enactment of a law that authorizes (3) fraudulent travel documents; may be lifted after— the termination of the visa moratorium (4) misrepresentation of identity; or (1) the Secretary of Homeland Security— under this subsection. (5) any other method of entry. (A) submits the reports required under sub- (2) EXCEPTION.—The visa moratorium (d) PROHIBITION ON COLLECTING EXIT section (d)(1); under paragraph (1) shall not apply to indi- RECORDS FOR UNITED STATES CITIZENS AT (B) makes the certifications required in viduals who are enrolled in the Global Entry LAND POINTS OF ENTRY.— subsection (d)(2); and trusted traveler program. (1) PROHIBITION.—While documenting the (C) certifies to Congress that any backlog (b) CONGRESSIONAL REVIEW OF SCREENING departure of outbound individuals at each in screening existing cases from those aliens POLICIES.— land point of entry along the Southern or already approved, or pending approval, has (1) CERTIFICATION.—The Secretary of been eliminated; and Homeland Security, the Secretary of State, Northern border, the Secretary may not— (2) Congress enacts a law to reinstate, and the Director of National Intelligence (A) process travel documents of United based upon the information provided, the ap- shall jointly submit a report to Congress cer- States citizens; proval of applications for refugee or asylee tifying that— (B) log, store, or transfer exit data for status. (A) a national security screening process United States citizens; SEC. 303. ADDITIONAL WAITING PERIODS AND SE- has been established and implemented that (C) create, maintain, operate, access, or CURITY SCREENINGS FOR NEW VISA significantly improves the Federal Govern- support any database containing information APPLICANTS. ment’s ability to identify security risks collected through outbound processing at a (a) ENHANCED SECURITY SCREENINGS.—The posed by aliens from high-risk countries point of entry that contains records identifi- Secretary of Homeland Security, in coopera- who— able to an individual United States citizen. tion with the Secretary of State, shall en- (i) seek to travel to the United States; or (2) EXCEPTION.—The prohibition set forth sure that a new application for a visa to (ii) have been approved for entry to the in paragraph (1) does not apply to the enter the United States is not approved United States; records of an individual if an officer proc- until— (B) the process identified in subparagraph essing travel documentation in the outbound (1) at least 30 days after such application is (A) requires a 30-day security assessment for lanes at a point of entry along the Southern submitted; and each applicant from high-risk countries; or Northern border— (2) after the completion of an enhanced se- (C) the national security screening process (A) has a strong suspicion that the indi- curity screening with respect to the appli- for aliens from high-risk countries will be vidual has engaged in criminal or other pro- cant. hibited activities; or (b) VISA WAIVER PROGRAM COUNTRIES.—Un- used to assess the risk posed by applicants from such countries, including a description (B) needs to verify an individual’s identity less otherwise permitted under this title, the because the individual is attempting to exit Secretary of Homeland Security, in coopera- of such process; (D) the screening process identified in sub- the United States without travel documenta- tion with the Secretary of State, shall en- tion. sure that no alien enters the United States paragraph (A) will be used to assess national (3) VERIFICATION OF TRAVEL DOCUMENTS.— until after 30 days of security assessments security risks posed by aliens who are al- ready in the United States or have been ap- Subject to the prohibition set forth in para- have been conducted on such alien, regard- graph (1), the Secretary may provide for the less of whether the alien’s country of origin proved to enter the United States; confirmation of a United States citizen’s is participating in the Visa Waiver Program (E) the complete biometric entry-exit con- travel documentation validity in the out- established under section 217 of the Immigra- trol system required under section 110 of the bound lanes at a point of entry along the tion and Nationality Act (8 U.S.C. 1187). Illegal Immigration Reform and Immigrant Southern border. (c) TRUSTED TRAVELER EXCEPTION.— Responsibility Act of 1996 (division C of Pub- (1) IN GENERAL.—Notwithstanding sub- lic Law 104–208; 8 U.S.C. 1221 note) has been (e) REPORT ON INFRASTRUCTURE REQUIRE- sections (a) and (b) or section 4(a), the Sec- fully implemented; MENTS TO CARRY OUT 100 PERCENT LAND EXIT retary of Homeland Security shall accept ap- (F) all necessary steps have been taken to TRACKING.—Not later than 60 days after the plications, and may approve qualified appli- prevent the national security vulnerability date of the enactment of this Act, the Sec- cants, for enrollment in the Global Entry of allowing individuals to overstay a tem- retary shall submit a report to the Com- trusted traveler program described in section porary legal status in the United States; and mittee on Homeland Security and Govern- 235.12 of title 8, Code of Federal Regulations, (G) a policy has been implemented to re- mental Affairs of the Senate and the Com- regardless of the nationality or country of move aliens that are identified as having mittee on Homeland Security of the House of habitual residence of the applicant. overstayed their period of lawful presence in Representatives that assesses the infrastruc- (2) PRIORITY.—In review applications for the United States. ture needs for each point of entry along the enrollment in the Global Entry trusted trav- (2) CONDITIONS FOR RESUMPTION OF APPROV- Southern border to fulfill the requirements eler program, the Secretary shall assign pri- ALS.—After the certifications required under under this section, including— ority status in the following order: paragraph (1) have been made, Congress may (1) a description of anticipated infrastruc- (A) United States citizens. enact a law, based on the information pro- ture needs within each point of entry; (B) United States legal permanent resi- vided, to lift the moratorium described in (2) a description of anticipated infrastruc- dents. subsection (a). ture needs adjacent to each point of entry; (C) Citizens of any country that is des- SEC. 305. ONE HUNDRED PERCENT EXIT TRACK- (3) an assessment of the availability of sec- ignated as a Visa Waiver Program country ING FOR ALL UNITED STATES VISI- ondary inspection areas at each point of under section 217(c) of the Immigration and TORS. entry; Nationality Act (8 U.S.C. 1187(c)). (a) RECORDING EXITS AND CORRELATION TO (4) an assessment of space available at or (D) Aliens that have a documented fre- ENTRY DATA.—The Secretary of Homeland adjacent to a point of entry to perform proc- quent travel history to and from the United Security shall integrate the records col- essing of outbound aliens; States. lected through the automated entry-exit (5) an assessment of the infrastructure de- (E) Applicants not described in subpara- control system referred to in section mands relative to the volume of outbound graphs (A) through (D). 304(b)(1)(E) into an interoperable data sys- crossings for each point of entry; and

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.048 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8392 CONGRESSIONAL RECORD — SENATE December 3, 2015

(6) anticipated wait times for outbound in- (1) ELIGIBILITY DETERMINATION.—In deter- granted refugee status or asylee admission dividuals during processing of travel docu- mining whether an individual described in to the United States under a permanent or ments at each point of entry, relative to pos- subsection (a)(1) is eligible for legal status, temporary visa, and who is prohibited under sible improvements at the point of entry. including naturalization, under the Immi- subsection (a) from applying for, or receiv- (f) LIMITATIONS ON OUTBOUND SECONDARY gration and Nationality Act (8 U.S.C. 1101 et ing, assistance or benefits described in sub- INSPECTIONS.—The Secretary may not des- seq.), the Secretary of Homeland Security section (c) or from claiming the earned in- ignate an outbound United States citizen for shall verify that the alien has not registered come tax credit under section 32 of the Inter- secondary inspection or collect biometric in- to vote, or cast a ballot, in a Federal elec- nal Revenue Code of 1986, or any other credit formation from a United States citizen under tion in the United States. allowed by subpart C of part IV of sub- outbound inspection procedures unless (2) VERIFICATION OF CITIZENSHIP.—The Sec- chapter A of chapter 1 of such Code shall be criminal or other prohibited activity has retary shall provide the election director of permanently prohibited from becoming natu- been detected or is strongly suspected. each State, and such local election officials ralized as a citizen of the United States if (g) OUTBOUND PROCESSING OF PERSONS IN as may be designated by such State direc- the alien— THE UNITED STATES WITHOUT LAWFUL PRES- tors, with access to relevant databases con- (1) applies for and receives any such assist- ENCE.— taining information about aliens who have ance or benefits; or (1) PROCESS FOR RECORDING UNLAWFUL been granted asylum, refugee status, or any (2) claims and is allowed any such credit. PRESENCE.—If the Secretary determines, at a other permanent or temporary visa status (c) FEDERAL MEANS-TESTED BENEFIT PRO- point of entry along the Southern border, authorized under the Immigration and Na- GRAMS.—The Federal means-tested benefit that an outbound alien has been in the tionality Act or by executive action, for the programs listed in this subsection are— United States without lawful presence, the sole purpose of verifying the citizenship sta- (1) the temporary assistance for needy fam- Secretary shall— tus of registered voters and all individuals ilies program under part A of title IV of the (A) collect and record biometric data from applying to register to vote. Social Security Act (42 U.S.C. 601 et seq.) the individual; (3) ANNUAL REPORT.—The Secretary shall (2) the Medicaid program under title XIX (B) combine data related to the individ- submit an annual report to Congress that of the Social Security Act (42 U.S.C. 1396 et ual’s unlawful presence with any other infor- identifies all jurisdictions in the United seq.); mation related to the individual in the inter- States that have registered individuals who (3) the State children’s health insurance operable database, in accordance with sub- are not United States citizens to vote in a program authorized under title XXI of the section (b); and Federal election. Social Security Act (42 U.S.C. 1397aa et seq.); (c) RESPONSIBILITIES OF STATES.— (C) except as provided in subparagraph (B), (4) the supplemental nutrition assistance (1) PROOF OF CITIZENSHIP.—Notwith- permit the individual to exit the United program established under the Food and Nu- standing the Voting Rights Act of 1965 (52 States. trition Act of 2008 (7 U.S.C. 2011 et seq.); and U.S.C. 10301 et seq.), the National Voter Reg- (2) EXCEPTION.—An individual shall not be (5) the program of block grants to States istration Act of 1993 (52 U.S.C. 20501 et seq.), permitted to leave the United States if, dur- for social services under subtitle A of title and any other Federal law, all States and ing outbound inspection, the Secretary de- XX of the Social Security Act (42 U.S.C. 1397 local governments— tects previous unresolved criminal activity et seq.). (A) shall require individuals registering to by the individual. (d) VERIFICATION PROCEDURES.—In order to vote in Federal elections to provide adequate comply with the limitation under subsection (h) RULE OF CONSTRUCTION.—Nothing in proof of citizenship; (a)— this title, or in the amendments made by (B) may not accept an affirmation of citi- (1) proof of citizenship shall be required as this title, may be construed as replacing or zenship as adequate proof of citizenship for a condition for receipt of assistance or bene- repealing the requirements for biometric voter registration purposes; and fits under the Federal means-tested benefit entry-exit capture required under section 110 (C) may require identification information programs listed in subsection (c); of the Illegal Immigration Reform and Immi- from all such voter registration applicants. (2) proof of citizenship shall be verified as grant Responsibility Act of 1996 (division C (2) COOPERATION WITH DEPARTMENT OF a condition for receiving assistance or bene- of Public Law 104–208; 8 U.S.C. 1221 note). HOMELAND SECURITY.—All States and local fits under the Federal means-tested benefit SEC. 306. REQUIREMENTS TO ENSURE LEGAL governments shall provide the Department programs listed in subsection (c), including VOTING. of Homeland Security with the registration by using the Systematic Alien Verification (a) RESTRICTIONS.— and voting history of any alien seeking reg- for Entitlements Program of the U.S. Citi- (1) AFFIDAVIT REQUIRED.—Any individual in istered provisional status, naturalization, or zenship and Immigration Services to confirm asylum status, refugee status, legal perma- any other immigration benefit, upon the re- that an individual who has presented proof of nent resident status, or any other permanent quest of the Secretary. citizenship as a condition for receipt of as- or temporary visa status who intends to re- (3) CONSEQUENCE OF NONCOMPLIANCE.— sistance or benefits under any such program main in the United States in such status for (A) FIRST YEAR.—If any State is not in is not an alien; and longer than 6 months shall submit to the compliance with the proof of citizenship re- (3) officers and employees of State agencies Secretary, during the period specified by the quirements set forth in paragraph (1) on or that administer a Federal means-tested ben- Secretary, a signed affidavit that states that before the date that is 1 year after the date efit program listed in subsection (c) shall re- the alien— of the enactment of this Act, the Secretary port to any suspicious or fraudulent identity (A) has not cast a ballot in any Federal of Transportation shall reduce the appor- information provided by an individual apply- election in the United States; and tionment calculated under section 104(c) of ing for assistance or benefits to the Sec- (B) will not register to vote, or cast a bal- title 23, United States Code, for that State retary of Homeland Security. lot, in any Federal election in the United for the following fiscal year by 10 percent. (e) NONAPPLICATION OF THE PRIVACY ACT.— States while in such status. (B) SUBSEQUENT YEARS.—For each subse- Notwithstanding any other provision of law, (2) PENALTY.—If an alien described in para- quent year in which any State is not in com- section 552a of title 5, United States Code graph (1) fails to timely submit the affidavit pliance with the proof of citizenship require- (commonly referred to as the ‘‘Privacy Act’’) described in paragraph (1) or violates any ments set forth in paragraph (1), the Sec- may not be construed as prohibiting an offi- term of such affidavit— retary of Transportation shall reduce the ap- cer or employee of a State from verifying a (A) the Secretary shall immediately— portionment calculated under section 104(c) claim of citizenship for purposes of eligi- (i) revoke the legal status of such alien; of title 23, United States Code, for that State bility for assistance or benefits under a Fed- and for the following fiscal year by an additional eral means-tested benefit program listed in (ii) deport the alien to the country from 10 percent. subsection (c). which he or she originated; and SEC. 307. SECURE THE TREASURY. (B) the alien will be permanently ineligible (a) NO WELFARE FOR REFUGEES OR ASYLEES SA 2900. Mr. SASSE submitted an for United States citizenship. BEGINNING 1 YEAR AFTER DATE OF ADMIS- amendment intended to be proposed to (3) BARS TO LEGAL STATUS.—Any individual SION.—Notwithstanding any other provision amendment SA 2874 proposed by Mr. in asylum status, refugee status, legal per- of law, an alien admitted to the United MCCONNELL to the bill H.R. 3762, to manent resident status, or any other perma- States as a refugee under section 207 of the nent or temporary visa status who illegally provide for reconciliation pursuant to Immigration and Nationality Act (8 U.S.C. section 2002 of the concurrent resolu- registers to vote or who votes in any Federal 1157) or granted asylum under section 208 of election after receiving such status or visa— such Act (8 U.S.C. 1158), beginning 1 year tion on the budget for fiscal year 2016; (A) shall not be eligible to apply for perma- after the date of such admission— which was ordered to lie on the table; nent residence or citizenship; and (1) is not be eligible for any assistance or as follows: (B) if such individual has already been benefits from a Federal means-tested benefit At the appropriate place, insert the fol- granted permanent residence, shall lose such program listed in subsection (c); and lowing: status and be subject to deportation pursu- (2) may not claim the earned income tax SEC. ll. RESTORATION OF THE MEDICARE COM- ant to section 237(a)(6) of the Immigration credit under section 32 of the Internal Rev- PARATIVE COST ADJUSTMENT (CCA) and Nationality Act (8 U.S.C. 1227(a)(6)). enue Code of 1986. PROGRAM. (b) RESPONSIBILITIES OF THE SECRETARY OF (b) NO CITIZENSHIP FOR ALIENS WHO APPLY (a) IN GENERAL.—Section 1102(f) of the HOMELAND SECURITY.— FOR AND RECEIVE WELFARE.—Any alien Health Care and Education Reconciliation

VerDate Sep 11 2014 07:49 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.048 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8393 Act of 2010 (Public Law 111–152), including provide for reconciliation pursuant to ‘‘PART VII—FAIR SHARE TAX ON HIGH- the amendment made by such section, is re- section 2002 of the concurrent resolu- INCOME TAXPAYERS pealed. tion on the budget for fiscal year 2016; ‘‘Sec. 59A. Fair share tax. (b) CONFORMING AMENDMENTS.—Section which was ordered to lie on the table; ‘‘SEC. 59A. FAIR SHARE TAX. 1860C–1 of the Social Security Act (42 U.S.C. ‘‘(a) GENERAL RULE.— 1395w–29), as restored pursuant to the repeal as follows: ‘‘(1) IMPOSITITION OF TAX.—In the case of At the appropriate place, insert the fol- made by subsection (a), is amended— any high-income taxpayer, there is hereby lowing: (1) by striking ‘‘2010’’ each place it appears imposed for a taxable year (in addition to and inserting ‘‘2017’’; SEC. ll. REPEAL OF PATIENT-CENTERED OUT- any other tax imposed by this subtitle) a tax COMES RESEARCH. (2) in subsection (a)(2), by striking ‘‘2015’’ equal to the product of— (a) REPEAL OF MEDICARE TRUST FUNDS and ‘‘2023’’; and ‘‘(A) the amount determined under para- FUNDING.—Section 1183(a)(2) of the Social Se- (3) in subsection (d)(3), by striking ‘‘2013’’ graph (2), and and ‘‘2021’’. curity Act (42 U.S.C. 1320e–2(a)(2)) is amend- ed by striking ‘‘2016, 2017, 2018, and 2019’’ and ‘‘(B) a fraction (not to exceed 1)— (c) EFFECTIVE DATE.—The provisions of, ‘‘(i) the numerator of which is the excess and the amendments made by, this section inserting ‘‘and 2016’’. (b) PREVENTION OF LIMITATION OF TREAT- of— shall take effect on the date of the enact- ‘‘(I) the taxpayer’s adjusted gross income, ment of this Act. MENT OPTIONS.—Section 1182 of the Social Security Act (42 U.S.C. 1320e–1) is amended— over ‘‘(II) the dollar amount in effect under sub- SA 2901. Mr. SASSE submitted an (1) by striking subsection (c)(2); and (2) by striking subsection (d)(2). section (c)(1), and amendment intended to be proposed to ‘‘(ii) the denominator of which is the dollar amendment SA 2874 proposed by Mr. (c) REPEAL OF PATIENT-CENTERED OUT- COMES RESEARCH TRUST FUND.— amount in effect under subsection (c)(1). MCCONNELL to the bill H.R. 3762, to (1) APPROPRIATION.—Section 9511(b)(1)(E) of ‘‘(2) AMOUNT OF TAX.—The amount of tax provide for reconciliation pursuant to the Internal Revenue Code of 1986 is amended determined under this paragraph is an section 2002 of the concurrent resolu- by striking ‘‘2016, 2017, 2018, and 2019’’ and in- amount equal to the excess (if any) of— tion on the budget for fiscal year 2016; serting ‘‘and 2016’’. ‘‘(A) the tentative fair share tax for the which was ordered to lie on the table; (2) TERMINATION.—Section 9511(f) of the In- taxable year, over ‘‘(B) the excess of— as follows: ternal Revenue Code of 1986 is amended by striking ‘‘September 30, 2019’’ and inserting ‘‘(i) the sum of— At the appropriate place, add the fol- ‘‘December 31, 2015’’. ‘‘(I) the regular tax liability (as defined in lowing: (d) REPEAL OF FEES ON INSURED AND SELF- section 26(b)) for the taxable year, deter- SEC. ll. REPEAL OF ESSENTIAL HEALTH BENE- INSURED HEALTH PLANS.— mined without regard to any tax liability de- FITS REQUIREMENT. (1) INSURED.—Section 4375(e) of the Inter- termined under this section, On January 1, 2016, section 1302 of the Pa- nal Revenue Code of 1986 is amended by ‘‘(II) the tax imposed by section 55 for the tient Protection and Affordable Care Act (42 striking ‘‘2019’’ and inserting ‘‘2015’’. taxable year, plus U.S.C. 18022) shall cease to have force or ef- (2) SELF-INSURED.—Section 4376(e) of the ‘‘(III) the payroll tax for the taxable year, fect. Internal Revenue Code of 1986 is amended by over striking ‘‘2019’’ and inserting ‘‘2015’’. ‘‘(ii) the credits allowable under part IV of SA 2902. Mr. SASSE submitted an subchapter A (other than sections 27(a), 31, amendment intended to be proposed to SA 2905. Mr. ROBERTS submitted an and 34). amendment SA 2874 proposed by Mr. amendment intended to be proposed to ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- MCCONNELL to the bill H.R. 3762, to amendment SA 2874 proposed by Mr. poses of this section— ‘‘(1) IN GENERAL.—The tentative fair share provide for reconciliation pursuant to MCCONNELL to the bill H.R. 3762, to section 2002 of the concurrent resolu- tax for the taxable year is 30 percent of the provide for reconciliation pursuant to excess of— tion on the budget for fiscal year 2016; section 2002 of the concurrent resolu- ‘‘(A) the adjusted gross income of the tax- which was ordered to lie on the table; tion on the budget for fiscal year 2016; payer, over as follows: which was ordered to lie on the table; ‘‘(B) the modified charitable contribution At the appropriate place, insert the fol- as follows: deduction for the taxable year. lowing: At the appropriate place, insert the fol- ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION SEC. ll. REPEAL OF AGE RATING RESTRIC- lowing: DEDUCTION.—For purposes of paragraph (1)— ‘‘(A) IN GENERAL.—The modified charitable TIONS. SEC. ll. REPEAL OF DISQUALIFICATION OF EX- Section 2701(a)(1)(A)(iii) of the Public PENSES FOR OVER-THE-COUNTER contribution deduction for any taxable year Health Service Act (42 U.S.C. DRUGS UNDER CERTAIN ACCOUNTS is an amount equal to the amount which 300gg(a)(1)(A)(iii)) is amended by striking ‘‘, AND ARRANGEMENTS. bears the same ratio to the deduction allow- except that’’ and all that follows through (a) HSAS.—Section 223(d)(2)(A) of the In- able under section 170 (section 642(c) in the ‘‘2707(c))’’. ternal Revenue Code of 1986 is amended by case of a trust or estate) for such taxable striking the last sentence. year as— SA 2903. Mr. SASSE submitted an (b) ARCHER MSAS.—Section 220(d)(2)(A) of ‘‘(i) the amount of itemized deductions al- amendment intended to be proposed to such Code is amended by striking the last lowable under the regular tax (as defined in amendment SA 2874 proposed by Mr. sentence. section 55) for such taxable year, determined (c) HEALTH FLEXIBLE SPENDING ARRANGE- after the application of section 68, bears to MCCONNELL to the bill H.R. 3762, to MENTS AND HEALTH REIMBURSEMENT AR- ‘‘(ii) such amount, determined before the provide for reconciliation pursuant to RANGEMENTS.—Section 106 of such Code is application of section 68. section 2002 of the concurrent resolu- amended by striking subsection (f). ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case tion on the budget for fiscal year 2016; (d) EFFECTIVE DATE.—The amendments of any individual who does not elect to which was ordered to lie on the table; made by this section shall apply to expenses itemize deductions for the taxable year, the as follows: incurred after December 31, 2015. modified charitable contribution deduction shall be zero. At the appropriate place, insert the fol- SA 2906. Mr. SANDERS submitted an lowing: ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes amendment intended to be proposed to of this section— SEC. ll. GAO ANALYSIS OF CO-OP PLANS. amendment SA 2874 proposed by Mr. ‘‘(1) IN GENERAL.—The term ‘high-income Not later than 12 months after the date of MCCONNELL to the bill H.R. 3762, to taxpayer’ means, with respect to any taxable enactment of this Act, the Comptroller Gen- year, any taxpayer (other than a corpora- eral of the United States shall conduct an provide for reconciliation pursuant to section 2002 of the concurrent resolu- tion) with an adjusted gross income for such analysis, and submit to Congress a report taxable year in excess of $1,000,000 (50 percent concerning the results of such analysis, of tion on the budget for fiscal year 2016; of such amount in the case of a married indi- the health insurance issuers that partici- which was ordered to lie on the table; vidual who files a separate return). pated in the Consumer Operated and Ori- as follows: ‘‘(2) INFLATION ADJUSTMENT.— ented Plan program under section 1322 of the Beginning on page 5, strike line 24 and all ‘‘(A) IN GENERAL.—In the case of a taxable Patient Protection and Affordable Care Act that follows through page 6, line 3, and insert year beginning after 2016, the $1,000,000 (42 U.S.C. 18042) and are no longer offering the following: amount under paragraph (1) shall be in- such a Plan under such program. SEC. 105A. FAIR SHARE TAX ON HIGH-INCOME creased by an amount equal to— TAXPAYERS. ‘‘(i) such dollar amount, multiplied by SA 2904. Mr. ROBERTS submitted an (a) IN GENERAL.—Subchapter A of chapter 1 ‘‘(ii) the cost-of-living adjustment deter- amendment intended to be proposed to of the Internal Revenue Code of 1986 is mined under section 1(f)(3) for the calendar amendment SA 2874 proposed by Mr. amended by adding at the end the following year in which the taxable year begins, deter- MCCONNELL to the bill H.R. 3762, to new part: mined by substituting ‘calendar year 2015’

VerDate Sep 11 2014 07:49 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.049 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8394 CONGRESSIONAL RECORD — SENATE December 3, 2015 for ‘calendar year 1992’ in subparagraph (B) (A) by striking ‘‘covered employee’’ each ‘‘(i) in the case of an acquisition with re- thereof. place it appears in paragraphs (1) and (4) and spect to a domestic corporation, by former ‘‘(B) ROUNDING.—If any amount as adjusted inserting ‘‘covered individual’’, and shareholders of the domestic corporation by under subparagraph (A) is not a multiple of (B) by striking ‘‘such employee’’ each reason of holding stock in the domestic cor- $10,000, such amount shall be rounded to the place it appears in subparagraphs (A) and (E) poration, or next lowest multiple of $10,000. of paragraph (4) and inserting ‘‘such indi- ‘‘(ii) in the case of an acquisition with re- ‘‘(d) PAYROLL TAX.—For purposes of this vidual’’. spect to a domestic partnership, by former section, the payroll tax for any taxable year (2) COVERED INDIVIDUAL.—Paragraph (3) of partners of the domestic partnership by rea- is an amount equal to the excess of— section 162(m) of such Code is amended to son of holding a capital or profits interest in ‘‘(1) the taxes imposed on the taxpayer read as follows: the domestic partnership. under sections 1401, 1411, 3101, 3201, and ‘‘(3) COVERED INDIVIDUAL.—For purposes of ‘‘(3) EXCEPTION FOR CORPORATIONS WITH 3211(a) (to the extent such tax is attributable this subsection, the term ‘covered individual’ SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN to the rate of tax in effect under section 3101) means any individual who is an officer, di- COUNTRY OF ORGANIZATION.—A foreign cor- with respect to such taxable year or wages or rector, or employee of the taxpayer or a poration described in paragraph (2) shall not compensation received during such taxable former officer, director, or employee of the be treated as an inverted domestic corpora- year, over taxpayer.’’. tion if after the acquisition the expanded af- ‘‘(2) the deduction allowable under section (3) CONFORMING AMENDMENTS.— filiated group which includes the entity has 164(f) for such taxable year. (A) Section 48D(b)(3)(A) of such Code is substantial business activities in the foreign ‘‘(e) SPECIAL RULE FOR ESTATES AND amended by inserting ‘‘(as in effect for tax- country in which or under the law of which TRUSTS.—For purposes of this section, in the able years beginning before January 1, 2016)’’ the entity is created or organized when com- case of an estate or trust, adjusted gross in- after ‘‘section 162(m)(3)’’. pared to the total business activities of such come shall be computed in the manner de- (B) Section 409A(b)(3)(D)(ii) of such Code is expanded affiliated group. For purposes of scribed in section 67(e). amended by inserting ‘‘(as in effect for tax- subsection (a)(2)(B)(iii) and the preceding ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS able years beginning before January 1, 2016)’’ sentence, the term ‘substantial business ac- CHAPTER FOR CERTAIN PURPOSES.—The tax after ‘‘section 162(m)(3)’’. tivities’ shall have the meaning given such imposed under this section shall not be (d) SPECIAL RULE FOR REMUNERATION PAID term under regulations in effect on May 8, treated as tax imposed by this chapter for TO BENEFICIARIES, ETC.—Paragraph (4) of sec- 2014, except that the Secretary may issue purposes of determining the amount of any tion 162(m), as amended by subsection (a), is regulations increasing the threshold percent credit under this chapter (other than the amended by adding at the end the following in any of the tests under such regulations for credit allowed under section 27(a)) or for pur- new subparagraph: determining if business activities constitute poses of section 55.’’. substantial business activities for purposes (b) CLERICAL AMENDMENT.—The table of ‘‘(F) SPECIAL RULE FOR REMUNERATION PAID parts for subchapter A of chapter 1 of the In- TO BENEFICIARIES, ETC.—Remuneration shall of this paragraph.’’. ONFORMING AMENDMENTS.— ternal Revenue Code of 1986 is amended by not fail to be applicable employee remunera- (b) C adding at the end the following new item: tion merely because it is includible in the in- (1) Clause (i) of section 7874(a)(2)(B) of such come of, or paid to, a person other than the Code is amended by striking ‘‘after March 4, ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME covered individual, including after the death 2003,’’ and inserting ‘‘after March 4, 2003, and TAXPAYERS’’. of the covered individual.’’. before May 9, 2014,’’. (c) EFFECTIVE DATE.—The amendments (e) REGULATORY AUTHORITY.— (2) Subsection (c) of section 7874 of such made by this section shall apply to taxable (1) IN GENERAL.—Section 162(m) of the In- Code is amended— years beginning after December 31, 2015. ternal Revenue Code of 1986 is amended by (A) in paragraph (2)— SEC. 105B. MODIFICATION OF LIMITATION ON EX- adding at the end the following new para- (i) by striking ‘‘subsection (a)(2)(B)(ii)’’ CESSIVE REMUNERATION. graph: and inserting ‘‘subsections (a)(2)(B)(ii) and (a) REPEAL OF PERFORMANCE-BASED COM- ‘‘(7) REGULATIONS.—The Secretary may (b)(2)(B)’’, and PENSATION AND COMMISSION EXCEPTIONS FOR prescribe such guidance, rules, or regula- (ii) by inserting ‘‘or (b)(2)(A)’’ after LIMITATION ON EXCESSIVE REMUNERATION.— tions, including with respect to reporting, as ‘‘(a)(2)(B)(i)’’ in subparagraph (B), (1) IN GENERAL.—Paragraph (4) of section are necessary to carry out the purposes of (B) in paragraph (3), by inserting ‘‘or 162(m) of the Internal Revenue Code of 1986 is this subsection.’’. (b)(2)(B), as the case may be,’’ after amended by striking subparagraphs (B) and (2) CONFORMING AMENDMENT.—Paragraph ‘‘(a)(2)(B)(ii)’’, (C) and by redesignating subparagraphs (D) (6) of section 162(m) of such Code is amended (C) in paragraph (5), by striking ‘‘sub- through (G) as subparagraphs (B) through by striking subparagraph (H). section (a)(2)(B)(ii)’’ and inserting ‘‘sub- (E), respectively. (f) EFFECTIVE DATE.—The amendments sections (a)(2)(B)(ii) and (b)(2)(B)’’, and (2) CONFORMING AMENDMENTS.— made by this section shall apply to taxable (D) in paragraph (6), by inserting ‘‘or in- (A) Section 162(m)(5) of such Code is years beginning after December 31, 2015. verted domestic corporation, as the case may amended— be,’’ after ‘‘surrogate foreign corporation’’. (i) by striking ‘‘subparagraphs (B), (C), and SEC. 105C. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS. (c) EFFECTIVE DATE.—The amendments (D) thereof’’ in subparagraph (E) and insert- made by this section shall apply to taxable (a) IN GENERAL.—Subsection (b) of section ing ‘‘subparagraph (B) thereof’’, and years ending after May 8, 2014. (ii) by striking ‘‘subparagraphs (F) and 7874 of the Internal Revenue Code of 1986 is (G)’’ in subparagraph (G) and inserting ‘‘sub- amended to read as follows: SA 2907. Mr. BENNET (for himself ‘‘(b) INVERTED CORPORATIONS TREATED AS paragraphs (D) and (E)’’. and Mr. SANDERS) submitted an amend- DOMESTIC CORPORATIONS.— (B) Section 162(m)(6) of such Code is ment intended to be proposed to amended— ‘‘(1) IN GENERAL.—Notwithstanding section (i) by striking ‘‘subparagraphs (B), (C), and 7701(a)(4), a foreign corporation shall be amendment SA 2874 proposed by Mr. (D) thereof’’ in subparagraph (D) and insert- treated for purposes of this title as a domes- MCCONNELL to the bill H.R. 3762, to ing ‘‘subparagraph (B) thereof’’, and tic corporation if— provide for reconciliation pursuant to (ii) by striking ‘‘subparagraphs (F) and ‘‘(A) such corporation would be a surrogate section 2002 of the concurrent resolu- (G)’’ in subparagraph (G) and inserting ‘‘sub- foreign corporation if subsection (a)(2) were tion on the budget for fiscal year 2016; paragraphs (D) and (E)’’. applied by substituting ‘80 percent’ for ‘60 as follows: (b) EXPANSION OF APPLICABLE EMPLOYER.— percent’, or At the appropriate place, insert the fol- Paragraph (2) of section 162(m) of the Inter- ‘‘(B) such corporation is an inverted do- lowing: mestic corporation. nal Revenue Code of 1986 is amended to read SEC. lll. ADDITIONAL FUNDING TO INCREASE as follows: ‘‘(2) INVERTED DOMESTIC CORPORATION.—For ACCESS OF VETERANS TO CARE AND ‘‘(2) PUBLICLY HELD CORPORATION.—For pur- purposes of this subsection, a foreign cor- IMPROVE PHYSICAL INFRASTRUC- poses of this subsection, the term ‘publicly poration shall be treated as an inverted do- TURE OF DEPARTMENT OF VET- held corporation’ means any corporation mestic corporation if, pursuant to a plan (or ERANS AFFAIRS. which is an issuer (as defined in section 3 of a series of related transactions)— Notwithstanding any other provision of the Securities Exchange Act of 1934 (15 ‘‘(A) the entity completes after May 8, 2014, law, with respect to any increase in revenues U.S.C. 78c))— the direct or indirect acquisition of— received in the Treasury as the result of the ‘‘(A) the securities of which are registered ‘‘(i) substantially all of the properties held enactment of section 59A of the Internal under section 12 of such Act (15 U.S.C. 78l), or directly or indirectly by a domestic corpora- Revenue Code of 1986— ‘‘(B) that is required to file reports under tion, or (1) $20,000,000,000 shall be made available, section 15(d) of such Act (15 U.S.C. 78o(d)).’’. ‘‘(ii) substantially all of the assets of, or without further appropriation, to carry out (c) APPLICATION TO ALL CURRENT AND substantially all of the properties consti- the purposes described in section 801(b) of FORMER OFFICERS, DIRECTORS, AND EMPLOY- tuting a trade or business of, a domestic the Veterans Access, Choice, and Account- EES.— partnership, and ability Act of 2014 (Public Law 113–146; 38 (1) IN GENERAL.—Section 162(m) of the In- ‘‘(B) after the acquisition, more than 50 U.S.C. 1701 note); and ternal Revenue Code of 1986, as amended by percent of the stock (by vote or value) of the (2) any remaining amounts shall be used subsection (a), is amended— entity is held— for Federal budget deficit reduction or, if

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.050 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8395

there is no Federal budget deficit, for reduc- ‘‘(2) INFLATION ADJUSTMENT.— work with States to swiftly input missing ing the Federal debt in such manner as the ‘‘(A) IN GENERAL.—In the case of a taxable records, including mental health records. Secretary of the Treasury considers appro- year beginning after 2016, the $1,000,000 (5) Congress and the citizens of the United priate. amount under paragraph (1) shall be in- States agree that in order to promote safe SEC. lll. FAIR SHARE TAX ON HIGH-INCOME creased by an amount equal to— and responsible gun ownership, dangerous TAXPAYERS. ‘‘(i) such dollar amount, multiplied by criminals and the seriously mentally ill (a) IN GENERAL.—Subchapter A of chapter 1 ‘‘(ii) the cost-of-living adjustment deter- should be prohibited from possessing fire- of the Internal Revenue Code of 1986 is mined under section 1(f)(3) for the calendar arms; therefore, it should be incumbent upon amended by adding at the end the following year in which the taxable year begins, deter- all citizens to ensure weapons are not being new part: mined by substituting ‘calendar year 2015’ transferred to such people. ‘‘PART VII—FAIR SHARE TAX ON HIGH- for ‘calendar year 1992’ in subparagraph (B) SEC. 203. RULE OF CONSTRUCTION. INCOME TAXPAYERS thereof. Nothing in this title, or any amendment ‘‘Sec. 59A. Fair share tax. ‘‘(B) ROUNDING.—If any amount as adjusted made by this title, shall be construed to— (1) expand in any way the enforcement au- ‘‘SEC. 59A. FAIR SHARE TAX. under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the thority or jurisdiction of the Bureau of Alco- ‘‘(a) GENERAL RULE.— next lowest multiple of $10,000. hol, Tobacco, Firearms, and Explosives; or ‘‘(1) IMPOSITITION OF TAX.—In the case of AYROLL TAX.—For purposes of this (2) allow the establishment, directly or in- any high-income taxpayer, there is hereby ‘‘(d) P section, the payroll tax for any taxable year directly, of a Federal firearms registry. imposed for a taxable year (in addition to is an amount equal to the excess of— SEC. 204. SEVERABILITY. any other tax imposed by this subtitle) a tax ‘‘(1) the taxes imposed on the taxpayer If any provision of this title or an amend- equal to the product of— under sections 1401, 1411, 3101, 3201, and ment made by this title, or the application ‘‘(A) the amount determined under para- 3211(a) (to the extent such tax is attributable of a provision or amendment to any person graph (2), and to the rate of tax in effect under section 3101) or circumstance, is held to be invalid for any ‘‘(B) a fraction (not to exceed 1)— with respect to such taxable year or wages or reason in any court of competent jurisdic- ‘‘(i) the numerator of which is the excess compensation received during such taxable tion, the remainder of this title and amend- of— year, over ments made by this title, and the application ‘‘(I) the taxpayer’s adjusted gross income, ‘‘(2) the deduction allowable under section of the provisions and amendment to any over 164(f) for such taxable year. other person or circumstance, shall not be ‘‘(II) the dollar amount in effect under sub- ‘‘(e) SPECIAL RULE FOR ESTATES AND affected. section (c)(1), and TRUSTS.—For purposes of this section, in the Subtitle A—Ensuring That All Individuals ‘‘(ii) the denominator of which is the dollar case of an estate or trust, adjusted gross in- Who Should Be Prohibited From Buying a amount in effect under subsection (c)(1). come shall be computed in the manner de- Gun Are Listed in the National Instant ‘‘(2) AMOUNT OF TAX.—The amount of tax scribed in section 67(e). Criminal Background Check System determined under this paragraph is an ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS amount equal to the excess (if any) of— SEC. 211. REAUTHORIZATION OF THE NATIONAL CHAPTER FOR CERTAIN PURPOSES.—The tax CRIMINAL HISTORY RECORDS IM- ‘‘(A) the tentative fair share tax for the imposed under this section shall not be PROVEMENT PROGRAM. taxable year, over treated as tax imposed by this chapter for Section 106(b) of Public Law 103–159 (18 ‘‘(B) the excess of— purposes of determining the amount of any U.S.C. 922 note) is amended— ‘‘(i) the sum of— credit under this chapter (other than the (1) in paragraph (1), in the matter pre- ‘‘(I) the regular tax liability (as defined in credit allowed under section 27(a)) or for pur- ceding subparagraph (A), by striking ‘‘of this section 26(b)) for the taxable year, deter- poses of section 55.’’. Act’’ and inserting ‘‘of the Public Safety and mined without regard to any tax liability de- (b) CLERICAL AMENDMENT.—The table of Second Amendment Rights Protection Act of termined under this section, parts for subchapter A of chapter 1 of the In- 2015’’; and ‘‘(II) the tax imposed by section 55 for the ternal Revenue Code of 1986 is amended by (2) by striking paragraph (2) and inserting taxable year, plus adding at the end the following new item: the following: ‘‘(III) the payroll tax for the taxable year, ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME over There are authorized to be appropriated for TAXPAYERS’’. ‘‘(ii) the credits allowable under part IV of grants under this subsection $100,000,000 for subchapter A (other than sections 27(a), 31, (c) EFFECTIVE DATE.—The amendments each of fiscal years 2016 through 2019.’’. and 34). made by this section shall apply to taxable SEC. 212. IMPROVEMENT OF METRICS AND IN- ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- years beginning after December 31, 2015. CENTIVES. poses of this section— Section 102(b) of the NICS Improvement ‘‘(1) IN GENERAL.—The tentative fair share SA 2908. Mr. MANCHIN (for himself, Amendments Act of 2007 (18 U.S.C. 922 note) tax for the taxable year is 30 percent of the Mr. TOOMEY, and Mr. KIRK) submitted is amended to read as follows: excess of— an amendment intended to be proposed ‘‘(b) IMPLEMENTATION PLAN.— ‘‘(A) the adjusted gross income of the tax- to amendment SA 2874 proposed by Mr. ‘‘(1) IN GENERAL.—Not later than 1 year payer, over after the date of enactment of the Public MCCONNELL to the bill H.R. 3762, to ‘‘(B) the modified charitable contribution Safety and Second Amendment Rights Pro- deduction for the taxable year. provide for reconciliation pursuant to tection Act of 2015, the Attorney General, in ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION section 2002 of the concurrent resolu- coordination with the States, shall establish DEDUCTION.—For purposes of paragraph (1)— tion on the budget for fiscal year 2016; for each State or Indian tribal government ‘‘(A) IN GENERAL.—The modified charitable as follows: desiring a grant under section 103 a 4-year contribution deduction for any taxable year At the end, add the following: implementation plan to ensure maximum co- is an amount equal to the amount which ordination and automation of the reporting TITLE II—PUBLIC SAFETY AND SECOND bears the same ratio to the deduction allow- of records or making records available to the AMENDMENT RIGHTS PROTECTION ACT able under section 170 (section 642(c) in the National Instant Criminal Background case of a trust or estate) for such taxable SECTION 201. SHORT TITLE. Check System. year as— This title may be cited as the ‘‘Public ‘‘(2) BENCHMARK REQUIREMENTS.—Each 4- ‘‘(i) the amount of itemized deductions al- Safety and Second Amendment Rights Pro- year plan established under paragraph (1) lowable under the regular tax (as defined in tection Act of 2015’’. shall include annual benchmarks, including section 55) for such taxable year, determined SEC. 202. FINDINGS. both qualitative goals and quantitative after the application of section 68, bears to Congress finds the following: measures, to assess implementation of the 4- ‘‘(ii) such amount, determined before the (1) Congress supports, respects, and defends year plan. application of section 68. the fundamental, individual right to keep ‘‘(3) PENALTIES FOR NON-COMPLIANCE.— ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case and bear arms guaranteed by the Second ‘‘(A) IN GENERAL.—During the 4-year period of any individual who does not elect to Amendment to the Constitution of the covered by a 4-year plan established under itemize deductions for the taxable year, the United States. paragraph (1), the Attorney General shall modified charitable contribution deduction (2) Congress supports and reaffirms the ex- withhold— shall be zero. isting prohibition on a national firearms reg- ‘‘(i) 10 percent of the amount that would ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes istry. otherwise be allocated to a State under sec- of this section— (3) Congress believes the Department of tion 505 of the Omnibus Crime Control and ‘‘(1) IN GENERAL.—The term ‘high-income Justice should prosecute violations of back- Safe Streets Act of 1968 (42 U.S.C. 3755) if the taxpayer’ means, with respect to any taxable ground check requirements to the maximum State does not meet the benchmark estab- year, any taxpayer (other than a corpora- extent of the law. lished under paragraph (2) for the first year tion) with an adjusted gross income for such (4) There are deficits in the background in the 4-year period; taxable year in excess of $1,000,000 (50 percent check system in existence prior to the date ‘‘(ii) 11 percent of the amount that would of such amount in the case of a married indi- of enactment of this Act and the Department otherwise be allocated to a State under sec- vidual who files a separate return). of Justice should make it a top priority to tion 505 of the Omnibus Crime Control and

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.050 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8396 CONGRESSIONAL RECORD — SENATE December 3, 2015

Safe Streets Act of 1968 (42 U.S.C. 3755) if the ‘‘(1) IN GENERAL.—To be eligible for a grant trol and Safe Streets Act of 1968 (42 U.S.C. State does not meet the benchmark estab- under this section, a State, Indian Tribal 3755) if the State has not implemented a re- lished under paragraph (2) for the second government, or State court system shall cer- lief from disabilities program in accordance year in the 4-year period; tify, to the satisfaction of the Attorney Gen- with this section. ‘‘(iii) 13 percent of the amount that would eral, that the State, Indian Tribal govern- ‘‘(3) 13 PERCENT REDUCTION.—During the 1- otherwise be allocated to a State under sec- ment, or State court system— year period after the expiration of the period tion 505 of the Omnibus Crime Control and ‘‘(A) is not prohibited by State law or described in paragraph (2), the Attorney Gen- Safe Streets Act of 1968 (42 U.S.C. 3755) if the court order from submitting mental health eral shall withhold 13 percent of the amount State does not meet the benchmark estab- records to the National Instant Criminal that would otherwise be allocated to a State lished under paragraph (2) for the third year Background Check System; and under section 505 of the Omnibus Crime Con- in the 4-year period; and ‘‘(B) subject to paragraph (2), has imple- trol and Safe Streets Act of 1968 (42 U.S.C. ‘‘(iv) 15 percent of the amount that would mented a relief from disabilities program in 3755) if the State has not implemented a re- otherwise be allocated to a State under sec- accordance with section 105. lief from disabilities program in accordance tion 505 of the Omnibus Crime Control and ‘‘(2) RELIEF FROM DISABILITIES PROGRAM.— with this section. Safe Streets Act of 1968 (42 U.S.C. 3755) if the For purposes of obtaining a grant under this ‘‘(4) 15 PERCENT REDUCTION.—After the expi- State does not meet the benchmark estab- section, a State, Indian Tribal government, ration of the 1-year period described in para- lished under paragraph (2) for the fourth or State court system shall not be required graph (3), the Attorney General shall with- year in the 4-year period. to meet the eligibility requirement described hold 15 percent of the amount that would ‘‘(B) FAILURE TO ESTABLISH A PLAN.—A in paragraph (1)(B) until the date that is 2 otherwise be allocated to a State under sec- State that fails to establish a plan under years after the date of enactment of the Pub- tion 505 of the Omnibus Crime Control and paragraph (1) shall be treated as having not lic Safety and Second Amendment Rights Safe Streets Act of 1968 (42 U.S.C. 3755) if the met any benchmark established under para- Protection Act of 2015. State has not implemented a relief from dis- graph (2).’’. ‘‘(d) FEDERAL SHARE.— abilities program in accordance with this SEC. 213. GRANTS TO STATES FOR IMPROVEMENT ‘‘(1) STUDIES, ASSESSMENTS, NON-MATERIAL section.’’. OF COORDINATION AND AUTOMA- ACTIVITIES.—The Federal share of a study, SEC. 215. ADDITIONAL PROTECTIONS FOR OUR TION OF NICS RECORD REPORTING. assessment, creation of a task force, or other VETERANS. (a) IN GENERAL.—The NICS Improvement non-material activity, as determined by the (a) IN GENERAL.—Chapter 55 of title 38, Amendments Act of 2007 (18 U.S.C. 922 note) Attorney General, carried out with a grant United States Code, is amended by adding at is amended— under this section shall be not more than 25 the end the following new section: (1) by striking section 103 and inserting the percent. following: ‘‘(2) INFRASTRUCTURE OR SYSTEM DEVELOP- ‘‘§ 5511. Conditions for treatment of certain ‘‘SEC. 103. GRANTS TO STATES FOR IMPROVE- MENT.—The Federal share of an activity in- persons as adjudicated mentally incom- MENT OF COORDINATION AND AU- volving infrastructure or system develop- petent for certain purposes TOMATION OF NICS RECORD RE- ment, including labor-related costs, for the ‘‘(a) IN GENERAL.—In any case arising out PORTING. purpose of improving State or Indian Tribal of the administration by the Secretary of ‘‘(a) AUTHORIZATION.—From amounts made government record reporting to the National laws and benefits under this title, a person available to carry out this section, the At- Instant Criminal Background Check System who is determined by the Secretary to be torney General shall make grants to States, carried out with a grant under this section mentally incompetent shall not be consid- Indian Tribal governments, and State court may amount to 100 percent of the cost of the ered adjudicated pursuant to subsection systems, in a manner consistent with the Na- activity. (d)(4) or (g)(4) of section 922 of title 18 until— tional Criminal History Improvement Pro- ‘‘(e) GRANTS TO INDIAN TRIBES.—Up to 5 ‘‘(1) in the case in which the person does gram and consistent with State plans for in- percent of the grant funding available under not request a review as described in sub- tegration, automation, and accessibility of this section may be reserved for Indian tribal section (c)(1), the end of the 30-day period be- criminal history records, for use by the governments for use by Indian tribal judicial ginning on the date on which the person re- State, or units of local government of the systems. ceives notice submitted under subsection (b); State, Indian Tribal government, or State ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— or court system to improve the automation and There are authorized to be appropriated to ‘‘(2) in the case in which the person re- transmittal of mental health records and carry out this section $100,000,000 for each of quests a review as described in paragraph (1) criminal history dispositions, records rel- fiscal years 2016 through 2019.’’; of subsection (c), upon an assessment by the evant to determining whether a person has (2) by striking title III; and board designated or established under para- been convicted of a misdemeanor crime of (3) in section 401(b), by inserting after ‘‘of graph (2) of such subsection or court of com- domestic violence, court orders, and mental this Act’’ the following: ‘‘and 18 months petent jurisdiction that a person cannot health adjudications or commitments to after the date of enactment of the Public safely use, carry, possess, or store a firearm Federal and State record repositories in ac- Safety and Second Amendment Rights Pro- due to mental incompetency. cordance with section 102 and the National tection Act of 2015’’. Criminal History Improvement Program. ‘‘(b) NOTICE.—Notice submitted under this (b) TECHNICAL AND CONFORMING AMEND- ‘‘(b) USE OF GRANT AMOUNTS.—Grants subsection to a person described in sub- MENT.—The table of sections in section 1(b) awarded to States, Indian Tribal govern- section (a) is notice submitted by the Sec- of the NICS Improvement Amendments Act ments, or State court systems under this retary that notifies the person of the fol- of 2007 (18 U.S.C. 922 note) is amended by section may only be used to— lowing: striking the item relating to section 103 and ‘‘(1) carry out, as necessary, assessments of ‘‘(1) The determination made by the Sec- inserting the following: the capabilities of the courts of the State or retary. Indian Tribal government for the automa- ‘‘Sec. 103. Grants to States for improvement ‘‘(2) A description of the implications of tion and transmission of arrest and convic- of coordination and automation being considered adjudicated as a mental de- tion records, court orders, and mental health of NICS record reporting.’’. fective under subsection (d)(4) or (g)(4) of adjudications or commitments to Federal SEC. 214. RELIEF FROM DISABILITIES PROGRAM. section 922 of title 18. and State record repositories; Section 105 of the NICS Improvement ‘‘(3) The person’s right to request a review ‘‘(2) implement policies, systems, and pro- Amendments Act of 2007 (18 U.S.C. 922 note) under subsection (c)(1). cedures for the automation and transmission is amended by adding at the end the fol- ‘‘(c) ADMINISTRATIVE REVIEW.—(1) Not later of arrest and conviction records, court or- lowing: than 30 days after the date on which a person ders, and mental health adjudications or ‘‘(c) PENALTIES FOR NON-COMPLIANCE.— described in subsection (a) receives notice commitments to Federal and State record ‘‘(1) 10 PERCENT REDUCTION.—During the 1- submitted under subsection (b), such person repositories; year period beginning 2 years after the date may request a review by the board designed ‘‘(3) create electronic systems that provide of enactment of the Public Safety and Sec- or established under paragraph (2) or a court accurate and up-to-date information which is ond Amendment Rights Protection Act of of competent jurisdiction to assess whether a directly related to checks under the National 2015, the Attorney General shall withhold 10 person cannot safely use, carry, possess, or Instant Criminal Background Check System, percent of the amount that would otherwise store a firearm due to mental incompetency. including court disposition and corrections be allocated to a State under section 505 of In such assessment, the board may consider records; the Omnibus Crime Control and Safe Streets the person’s honorable discharge or decora- ‘‘(4) assist States or Indian Tribal govern- Act of 1968 (42 U.S.C. 3755) if the State has tion. ments in establishing or enhancing their own not implemented a relief from disabilities ‘‘(2) Not later than 180 days after the date capacities to perform background checks program in accordance with this section. of enactment of the Public Safety and Sec- using the National Instant Criminal Back- ‘‘(2) 11 PERCENT REDUCTION.—During the 1- ond Amendment Rights Protection Act of ground Check System; and year period after the expiration of the period 2015, the Secretary shall designate or estab- ‘‘(5) develop and maintain the relief from described in paragraph (1), the Attorney Gen- lish a board that shall, upon request of a per- disabilities program in accordance with sec- eral shall withhold 11 percent of the amount son under paragraph (1), assess whether a tion 105. that would otherwise be allocated to a State person cannot safely use, carry, possess, or ‘‘(c) ELIGIBILITY.— under section 505 of the Omnibus Crime Con- store a firearm due to mental incompetency.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.054 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8397

‘‘(d) JUDICIAL REVIEW.—Not later than 30 SEC. 217. CLARIFICATION THAT SUBMISSION OF (4) by inserting after subsection (s), as re- days after the date of an assessment of a per- MENTAL HEALTH RECORDS TO THE designated, the following: NATIONAL INSTANT CRIMINAL ‘‘(t)(1) Beginning on the date that is 180 son under subsection (c) by the board des- BACKGROUND CHECK SYSTEM IS ignated or established under paragraph (2) of days after the date of enactment of this sub- NOT PROHIBITED BY THE HEALTH section and except as provided in paragraph such subsection, such person may file a peti- INSURANCE PORTABILITY AND AC- (2), it shall be unlawful for any person other tion for judicial review of such assessment COUNTABILITY ACT. Information collected under section than a licensed dealer, licensed manufac- with a Federal court of competent jurisdic- turer, or licensed importer to complete the tion. 102(c)(3) of the NICS Improvement Amend- ments Act of 2007 (18 U.S.C. 922 note) to as- transfer of a firearm to any other person who ‘‘(e) PROTECTING RIGHTS OF VETERANS WITH sist the Attorney General in enforcing sec- is not licensed under this chapter, if such EXISTING RECORDS.—Not later than 90 days tion 922(g)(4) of title 18, United States Code, transfer occurs— after the date of enactment of the Public shall not be subject to the regulations pro- ‘‘(A) at a gun show or event, on the curtilage thereof; or Safety and Second Amendment Rights Pro- mulgated under section 264(c) of the Health ‘‘(B) pursuant to an advertisement, post- tection Act of 2015, the Secretary shall pro- Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note). ing, display or other listing on the Internet vide written notice of the opportunity for ad- or in a publication by the transferor of his SEC. 218. PUBLICATION OF NICS INDEX STATIS- ministrative review and appeal under sub- intent to transfer, or the transferee of his in- section (c) to all persons who, on the date of TICS. Not later than 180 days after the date of tent to acquire, the firearm. enactment of the Public Safety and Second enactment of this Act, and biannually there- ‘‘(2) Paragraph (1) shall not apply if— Amendment Rights Protection Act of 2015, after, the Attorney General shall make the ‘‘(A) the transfer is made after a licensed are considered adjudicated pursuant to sub- National Instant Criminal Background importer, licensed manufacturer, or licensed section (d)(4) or (g)(4) of section 922 of title 18 Check System index statistics available on a dealer has first taken possession of the fire- as a result of having been found by the De- publically accessible Internet website. arm for the purpose of complying with sub- section (s), and upon taking possession of the partment of Veterans Affairs to be mentally SEC. 219. EFFECTIVE DATE. incompetent. The amendments made by this subtitle firearm, the licensee— ‘‘(i) complies with all requirements of this ‘‘(f) FUTURE DETERMINATIONS.— shall take effect 180 days after the date of enactment of this Act. chapter as if the licensee were transferring ‘‘(1) IN GENERAL.—Not later than 180 days the firearm from the licensee’s business in- Subtitle B—Providing a Responsible and after the enactment of the Public Safety and ventory to the unlicensed transferee, except Consistent Background Check Process Second Amendment Rights Protection Act of that when processing a transfer under this 2015, the Secretary shall review the policies SEC. 221. PURPOSE. chapter the licensee may accept in lieu of and procedures by which individuals are de- The purpose of this subtitle is to enhance conducting a background check a valid per- termined to be mentally incompetent, and the current background check process in the mit issued within the previous 5 years by a shall revise such policies and procedures as United States to ensure criminals and the State, or a political subdivision of a State, necessary to ensure that any individual who mentally ill are not able to purchase fire- that allows the transferee to possess, ac- is competent to manage his own financial af- arms. quire, or carry a firearm, if the law of the fairs, including his receipt of Federal bene- SEC. 222. FIREARMS TRANSFERS. State, or political subdivision of a State, fits, but who voluntarily turns over the man- (a) IN GENERAL.—Section 922 of title 18, that issued the permit requires that such agement thereof to a fiduciary is not consid- United States Code, is amended— permit is issued only after an authorized ered adjudicated pursuant to subsection (1) by repealing subsection (s); government official has verified that the in- (d)(4) or (g)(4) of section 922 of title 18. (2) by redesignating subsection (t) as sub- formation available to such official does not ‘‘(2) REPORT.—Not later than 30 days after section (s); indicate that possession of a firearm by the the Secretary has made the review and (3) in subsection (s), as redesignated— unlicensed transferee would be in violation changes required under paragraph (1), the (A) in paragraph (1)(B)— of Federal, State, or local law; Secretary shall submit to Congress a report (i) in clause (i), by striking ‘‘or’’; ‘‘(B) the transfer is made between an unli- detailing the results of the review and any (ii) in clause (ii), by striking ‘‘and’’ at the censed transferor and an unlicensed trans- resulting policy and procedural changes.’’. end; and feree residing in the same State, which takes (iii) by adding at the end the following: (b) CLERICAL AMENDMENT.—The table of place in such State, if— ‘‘(iii) in the case of an instant background sections at the beginning of chapter 55 of ‘‘(i) the Attorney General certifies that check conducted at a gun show or event dur- such title is amended by adding at the end State in which the transfer takes place has ing the 4-year period beginning on the effec- the following new item: in effect requirements under law that are tive date under section 230(a) of the Public generally equivalent to the requirements of ‘‘5511. Conditions for treatment of certain Safety and Second Amendment Rights Pro- this section; and persons as adjudicated men- tection Act of 2015, 48 hours have elapsed ‘‘(ii) the transfer was conducted in compli- tally incompetent for certain since the licensee contacted the system, and ance with the laws of the State; purposes.’’. the system has not notified the licensee that ‘‘(C) the transfer is made between spouses, the receipt of a firearm by such other person (c) APPLICABILITY.—Section 5511 of title 38, between parents or spouses of parents and would violate subsection (g) or (n) of this their children or spouses of their children, United States Code (as added by this sec- section; or tion), shall apply only with respect to per- between siblings or spouses of siblings, or be- ‘‘(iv) in the case of an instant background tween grandparents or spouses of grand- sons who are determined by the Secretary of check conducted at a gun show or event after parents and their grandchildren or spouses of Veterans Affairs, on or after the date of the the 4-year period described in clause (iii), 24 their grandchildren, or between aunts or un- enactment of this Act, to be mentally incom- hours have elapsed since the licensee con- cles or their spouses and their nieces or petent, except that those persons who are tacted the system, and the system has not nephews or their spouses, or between first provided notice pursuant to section 5511(e) notified the licensee that the receipt of a cousins, if the transferor does not know or shall be entitled to use the administrative firearm by such other person would violate have reasonable cause to believe that the review under section 5511(c) and, as nec- subsection (g) or (n) of this section; and’’; transferee is prohibited from receiving or essary, the subsequent judicial review under (B) in paragraph (3)(C)(ii), by striking ‘‘(as possessing a firearm under Federal, State, or section 5511(d). defined in subsection (s)(8))’’; and local law; or (C) by adding at the end the following: ‘‘(D) the Attorney General has approved SEC. 216. CLARIFICATION THAT FEDERAL COURT ‘‘(7) In this subsection— the transfer under section 5812 of the Inter- INFORMATION IS TO BE MADE ‘‘(A) the term ‘chief law enforcement offi- nal Revenue Code of 1986. AVAILABLE TO THE NATIONAL IN- cer’ means the chief of police, the sheriff, or STANT CRIMINAL BACKGROUND ‘‘(3) A licensed importer, licensed manufac- CHECK SYSTEM. an equivalent officer or the designee of any turer, or licensed dealer who processes a such individual; and transfer of a firearm authorized under para- Section 103(e)(1) of Public Law 103–159 (18 ‘‘(B) the term ‘gun show or event’ has the graph (2)(A) shall not be subject to a license U.S.C. 922 note), is amended by adding at the meaning given the term in subsection (t)(7). revocation or license denial based solely end the following: ‘‘(8) The Federal Bureau of Investigation upon a violation of those paragraphs, or a ‘‘(F) APPLICATION TO FEDERAL COURTS.—In shall not charge a user fee for a background violation of the rules or regulations promul- this subsection— check conducted pursuant to this subsection. gated under this paragraph, unless the li- ‘‘(i) the terms ‘department or agency of the ‘‘(9) Notwithstanding any other provision censed importer, licensed manufacturer, or United States’ and ‘Federal department or of this chapter, upon receiving a request for licensed dealer— agency’ include a Federal court; and an instant background check that originates ‘‘(A) knows or has reasonable cause to be- ‘‘(ii) for purposes of any request, submis- from a gun show or event, the system shall lieve that the information provided for pur- sion, or notification, the Director of the Ad- complete the instant background check be- poses of identifying the transferor, trans- ministrative Office of the United States fore completing any pending instant back- feree, or the firearm is false; Courts shall perform the functions of the ground check that did not originate from a ‘‘(B) knows or has reasonable cause to be- head of the department or agency.’’. gun show or event.’’; and lieve that the transferee is prohibited from

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.054 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8398 CONGRESSIONAL RECORD — SENATE December 3, 2015 purchasing, receiving, or possessing a fire- documents in the course of an inspection or tional Instant Criminal Background Check arm by Federal or State law, or published or- examination authorized by this paragraph System established under this section for dinance; or other than those records or documents con- purposes of conducting voluntary preemploy- ‘‘(C) knowingly violates any other provi- stituting material evidence of a violation of ment background checks on prospective em- sion of this chapter, or the rules or regula- law.’’. ployees.’’. tions promulgated thereunder. (c) PROHIBITION OF NATIONAL GUN REG- SEC. 226. DEALER LOCATION. ‘‘(4)(A) Notwithstanding any other provi- ISTRY.—Section 923 of title 18, United States Section 923 of title 18, United States Code, sion of this chapter, except for section Code, is amended by adding at the end the is amended— 923(m), the Attorney General may implement following: (1) in subsection (j)— this subsection with regulations. ‘‘(m) The Attorney General may not con- (A) in the first sentence, by striking ‘‘, and ‘‘(B) Regulations promulgated under this solidate or centralize the records of the— such location is in the State which is speci- paragraph may not include any provision re- ‘‘(1) acquisition or disposition of firearms, fied on the license’’; and quiring licensees to facilitate transfers in ac- or any portion thereof, maintained by— (B) in the last sentence— cordance with paragraph (2)(A). ‘‘(A) a person with a valid, current license (i) by inserting ‘‘transfer,’’ after ‘‘sell,’’; ‘‘(C) Regulations promulgated under this under this chapter; and paragraph may not include any provision re- ‘‘(B) an unlicensed transferor under section (ii) by striking ‘‘Act,’’ and all that follows quiring persons not licensed under this chap- 922(t); or and inserting ‘‘Act.’’; and ter to keep records of background checks or ‘‘(2) possession or ownership of a firearm, (2) by adding after subsection (m), as added firearms transfers. maintained by any medical or health insur- by section 222(c), the following: ‘‘(D) Regulations promulgated under this ance entity.’’. ‘‘(n) Nothing in this chapter shall be con- paragraph may not include any provision (d) TECHNICAL AND CONFORMING AMEND- strued to prohibit the sale, transfer, deliv- placing a cap on the fee licensees may charge MENTS.— ery, or other disposition of a firearm or am- to facilitate transfers in accordance with (1) SECTION 922.—Section 922(y)(2) of title 18, munition not otherwise prohibited under paragraph (2)(A). United States Code, is amended, in the mat- this chapter— ‘‘(5)(A) A person other than a licensed im- ter preceding subparagraph (A), by striking ‘‘(1) by a person licensed under this chapter porter, licensed manufacturer, or licensed ‘‘, (g)(5)(B), and (s)(3)(B)(v)(II)’’ and inserting to another person so licensed, at any loca- dealer, who makes a transfer of a firearm in ‘‘and (g)(5)(B)’’. tion in any State; or accordance with this section, or who is the (2) CONSOLIDATED AND FURTHER CONTINUING ‘‘(2) by a licensed importer, licensed manu- organizer of a gun show or event at which APPROPRIATIONS ACT, 2012.—Section 511 of facturer, or licensed dealer to a person not such transfer occurs, shall be immune from a title V of division B of the Consolidated and licensed under this chapter, at a temporary qualified civil liability action relating to the Further Continuing Appropriations Act, 2012 location described in subsection (j) in any transfer of the firearm as if the person were (18 U.S.C. 922 note) is amended by striking State.’’. a seller of a qualified product. ‘‘subsection 922(t)’’ and inserting ‘‘subsection ‘‘(B) A provider of an interactive computer SEC. 227. RESIDENCE OF UNITED STATES OFFI- (s) or (t) of section 922’’ each place it ap- CERS. service shall be immune from a qualified pears. Section 921 of title 18, United States Code, civil liability action relating to the transfer SEC. 223. PENALTIES. is amended by striking subsection (b) and in- of a firearm as if the provider of an inter- Section 924 of title 18, United States Code, serting the following: active computer service were a seller of a is amended— ‘‘(b) For purposes of this chapter: qualified product. (1) in subsection (a), by adding at the end ‘‘(1) A member of the Armed Forces on ac- ‘‘(C) In this paragraph— the following: tive duty, or a spouse of such a member, is a ‘‘(i) the term ‘interactive computer serv- ‘‘(8) Whoever makes or attempts to make a resident of— ice’ shall have the meaning given the term in transfer of a firearm in violation of section ‘‘(A) the State in which the member or section 230(f) of the Communications Act of 922(t) to a person not licensed under this spouse maintains legal residence; 1934 (47 U.S.C. 230(f)); and chapter who is prohibited from receiving a ‘‘(B) the State in which the permanent ‘‘(ii) the terms ‘qualified civil liability ac- firearm under subsection (g) or (n) of section duty station of the member is located; and tion’, ‘qualified product’, and ‘seller’ shall 922 or State law, to a law enforcement offi- ‘‘(C) the State in which the member main- have the meanings given the terms in sec- cer, or to a person acting at the direction of, tains a place of abode from which the mem- tion 4 of the Protection of Lawful Commerce or with the approval of, a law enforcement ber commutes each day to the permanent in Arms Act (15 U.S.C. 7903). duty station of the member. ‘‘(D) Nothing in this paragraph shall be officer authorized to investigate or prosecute ‘‘(2) An officer or employee of the United construed to affect the immunity of a pro- violations of section 922(t), shall be fined States (other than a member of the Armed vider of an interactive computer service under this title, imprisoned not more than 5 Forces) who is stationed outside the United under section 230 of the Communications Act years, or both.’’; and States for a period of more than 1 year, and of 1934 (47 U.S.C. 230). (2) by adding at the end the following: a spouse of such an officer or employee, is a ‘‘(6) In any civil liability action in any ‘‘(q) IMPROPER USE OF STORAGE OF resident of the State in which the person State or Federal court arising from the RECORDS.—Any person who knowingly vio- maintains legal residence.’’. criminal or unlawful use of a firearm fol- lates section 923(m) shall be fined under this lowing a transfer of such firearm for which title, imprisoned not more than 15 years, or SEC. 228. INTERSTATE TRANSPORTATION OF no background check was required under this both.’’. FIREARMS OR AMMUNITION. (a) IN GENERAL.—Section 926A of title 18, section, this section shall not be construed— SEC. 224. FIREARMS DISPOSITIONS. United States Code, is amended to read as ‘‘(A) as creating a cause of action for any Section 922(b)(3) of title 18, United States follows: civil liability; or Code, is amended— ‘‘(B) as establishing any standard of care. (1) in the matter preceding subparagraph ‘‘§ 926A. Interstate transportation of firearms ‘‘(7) For purposes of this subsection, the (A), by striking ‘‘located’’ and inserting ‘‘lo- or ammunition term ‘gun show or event’— cated or temporarily located’’; and ‘‘(a) DEFINITION.—In this section, the term ‘‘(A) means any event at which 75 or more (2) in subparagraph (A)— ‘transport’— firearms are offered or exhibited for sale, ex- (A) by striking ‘‘rifle or shotgun’’ and in- ‘‘(1) includes staying in temporary lodging change, or transfer, if 1 or more of the fire- serting ‘‘firearm’’; overnight, stopping for food, fuel, vehicle arms has been shipped or transported in, or (B) by striking ‘‘located’’ and inserting maintenance, an emergency, medical treat- otherwise affects, interstate or foreign com- ‘‘located or temporarily located’’; and ment, and any other activity incidental to merce; and (C) by striking ‘‘both such States’’ and in- the transport; and ‘‘(B) does not include an offer or exhibit of serting ‘‘the State in which the transfer is ‘‘(2) does not include transportation— firearms for sale, exchange, or transfer by an conducted and the State of residence of the ‘‘(A) with the intent to commit a crime individual from the personal collection of transferee’’. punishable by imprisonment for a term ex- that individual, at the private residence of SEC. 225. FIREARM DEALER ACCESS TO LAW EN- ceeding 1 year that involves a firearm; or that individual, if the individual is not re- FORCEMENT INFORMATION. ‘‘(B) with knowledge, or reasonable cause quired to be licensed under section 923.’’. Section 103(b) of Public Law 103–159 (18 to believe, that a crime described in subpara- (b) PROHIBITING THE SEIZURE OF RECORDS U.S.C. 922 note), is amended— graph (A) is to be committed in the course OR DOCUMENTS.—Section 923(g)(1)(D) is (1) by striking ‘‘Not later than’’ and insert- of, or arising from, the transportation. amended by striking, ‘‘The inspection and ing the following: ‘‘(b) AUTHORIZATION.—Notwithstanding any examination authorized by this paragraph ‘‘(1) IN GENERAL.—Not later than’’; and provision of any law (including a rule or reg- shall not be construed as authorizing the At- (2) by adding at the end the following: ulation) of a State or any political subdivi- torney General to seize any records or other ‘‘(2) VOLUNTARY BACKGROUND CHECKS.—Not sion thereof, a person who is not prohibited documents other than those records or docu- later than 90 days after the date of enact- by this chapter from possessing, trans- ments constituting material evidence of a ment of the Public Safety and Second porting, shipping, or receiving a firearm or violation of law,’’ and inserting the fol- Amendment Rights Protection Act of 2015, ammunition shall be entitled to— lowing: ‘‘The Attorney General shall be pro- the Attorney General shall promulgate regu- ‘‘(1) transport a firearm for any lawful pur- hibited from seizing any records or other lations allowing licensees to use the Na- pose from any place where the person may

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.054 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8399

lawfully possess, carry, or transport the fire- (b) FIREARM DEALER ACCESS TO LAW EN- uled by the Commission. Each member of the arm to any other such place if, during the FORCEMENT INFORMATION.—Section 225 and Commission shall have 1 vote, and the vote transportation— the amendments made by section 225 shall of each member shall be accorded the same ‘‘(A) the firearm is unloaded; and take effect on the date of enactment of this weight. The Commission may establish by ‘‘(B)(i) if the transportation is by motor Act. majority vote any other rules for the con- vehicle— Subtitle C—National Commission on Mass duct of the Commission’s business, if such ‘‘(I) the firearm is not directly accessible Violence rules are not inconsistent with this subtitle from the passenger compartment of the or other applicable law. SEC. 241. SHORT TITLE. motor vehicle; or This subtitle may be cited as the ‘‘Na- SEC. 243. DUTIES OF THE COMMISSION. ‘‘(II) if the motor vehicle is without a com- tional Commission on Mass Violence Act of (a) STUDY.— partment separate from the passenger com- 2015’’. (1) IN GENERAL.—It shall be the duty of the partment, the firearm is— Commission to conduct a comprehensive fac- ‘‘(aa) in a locked container other than the SEC. 242. NATIONAL COMMISSION ON MASS VIO- LENCE. tual study of incidents of mass violence, in- glove compartment or console; or cluding incidents of mass violence not in- (a) ESTABLISHMENT OF COMMISSION.—There ‘‘(bb) secured by a secure gun storage or is established a commission to be known as volving firearms, in the context of the many safety device; or the National Commission on Mass Violence acts of senseless mass violence that occur in ‘‘(ii) if the transportation is by other the United States each year, in order to de- (in this subtitle referred to as the ‘‘Commis- means, the firearm is in a locked container termine the root causes of such mass vio- sion’’) to study the availability and nature of or secured by a secure gun storage or safety lence. firearms, including the means of acquiring device; and (2) MATTERS TO BE STUDIED.—In deter- firearms, issues relating to mental health, ‘‘(2) transport ammunition for any lawful mining the root causes of these recurring and all positive and negative impacts of the purpose from any place where the person and tragic acts of mass violence, the Com- availability and nature of firearms on inci- may lawfully possess, carry, or transport the mission shall study any matter that the dents of mass violence or in preventing mass ammunition, to any other such place if, dur- Commission determines relevant to meeting violence. ing the transportation— the requirements of paragraph (1), including (b) MEMBERSHIP.— ‘‘(A) the ammunition is not loaded into a at a minimum— (1) APPOINTMENTS.—The Commission shall firearm; and (A) the role of schools, including the level be composed of 12 members, of whom— ‘‘(B)(i) if the transportation is by motor of involvement and awareness of teachers (A) 6 members of the Commission shall be vehicle— and school administrators in the lives of appointed by the Majority Leader of the Sen- ‘‘(I) the ammunition is not directly acces- their students and the availability of mental ate, in consultation with the Democratic sible from the passenger compartment of the health and other resources and strategies to leadership of the House of Representatives, 1 motor vehicle; or help detect and counter tendencies of stu- ‘‘(II) if the motor vehicle is without a com- of whom shall serve as Chairman of the Com- dents towards mass violence; partment separate from the passenger com- mission; and (B) the effectiveness of and resources avail- partment, the ammunition is in a locked (B) 6 members of the Commission shall be able for school security strategies to prevent container other than the glove compartment appointed by the Speaker of the House of incidents of mass violence; or console; or Representatives, in consultation with the (C) the role of families and the availability ‘‘(ii) if the transportation is by other Republican leadership of the Senate, 1 of of mental health and other resources and means, the ammunition is in a locked con- whom shall serve as Vice Chairman of the strategies to help families detect and tainer. Commission. counter tendencies toward mass violence; ‘‘(c) LIMITATION ON ARREST AUTHORITY.—A (2) PERSONS ELIGIBLE.— (D) the effectiveness and use of, and re- person who is transporting a firearm or am- (A) IN GENERAL.—The members appointed sources available to, the mental health sys- munition may not be— to the Commission shall include— tem in understanding, detecting, and coun- ‘‘(1) arrested for violation of any law or (i) well-known and respected individuals tering tendencies toward mass violence, as any rule or regulation of a State, or any po- among their peers in their respective fields well as the effects of treatments and thera- litical subdivision thereof, relating to the of expertise; and pies; possession, transportation, or carrying of (ii) not less than 1 non-elected individual (E) whether medical doctors and other firearms or ammunition, unless there is from each of the following categories, who mental health professionals have the ability, probable cause that the transportation is not has expertise in the category, by both experi- without negative legal or professional con- in accordance with subsection (b); or ence and training: sequences, to notify law enforcement offi- ‘‘(2) detained for violation of any law or (I) Firearms. cials when a patient is a danger to himself or any rule or regulation of a State, or any po- (II) Mental health. others; litical subdivision thereof, relating to the (III) School safety. (F) the nature and impact of the alienation possession, transportation, or carrying of (IV) Mass media. of the perpetrators of such incidents of mass firearms or ammunition, unless there is rea- (B) EXPERTS.—In identifying the individ- violence from their schools, families, peer sonable suspicion that the transportation is uals to serve on the Commission, the ap- groups, and places of work; not in accordance with subsection (b).’’. pointing authorities shall take special care (G) the role that domestic violence plays in (b) TECHNICAL AND CONFORMING AMEND- to identify experts in the fields described in causing incidents of mass violence; MENT.—The table of sections for chapter 44 of section 243(a)(2). (H) the effect of depictions of mass vio- title 18, United States Code, is amended by (C) PARTY AFFILIATION.—Not more than 6 lence in the media, and any impact of such striking the item relating to section 926A members of the Commission shall be from depictions on incidents of mass violence; and inserting the following: the same political party. (I) the availability and nature of firearms, ‘‘926A. Interstate transportation of firearms (3) COMPLETION OF APPOINTMENTS; VACAN- including the means of acquiring such fire- or ammunition.’’. CIES.—Not later than 30 days after the date arms, and all positive and negative impacts SEC. 229. RULE OF CONSTRUCTION. of enactment of this Act, the appointing au- of such availability and nature on incidents Nothing in this subtitle, or an amendment thorities under paragraph (1) shall each of mass violence or in preventing mass vio- made by this subtitle, shall be construed— make their respective appointments. Any va- lence; (1) to extend background check require- cancy that occurs during the life of the Com- (J) the role of current prosecution rates in ments to transfers other than those made at mission shall not affect the powers of the contributing to the availability of weapons gun shows or on the curtilage thereof, or Commission, and shall be filled in the same that are used in mass violence; pursuant to an advertisement, posting, dis- manner as the original appointment not (K) the availability of information regard- play, or other listing on the Internet or in a later than 30 days after the vacancy occurs. ing the construction of weapons, including publication by the transferor of the intent of (4) OPERATION OF THE COMMISSION.— explosive devices, and any impact of such in- the transferor to transfer, or the transferee (A) MEETINGS.— formation on such incidents of mass vio- of the intent of the transferee to acquire, the (i) IN GENERAL.—The Commission shall lence; firearm; or meet at the call of the Chairman. (L) the views of law enforcement officials, (2) to extend background check require- (ii) INITIAL MEETING.—The initial meeting religious leaders, mental health experts, and ments to temporary transfers for purposes of the Commission shall be conducted not other relevant officials on the root causes including lawful hunting or sporting or to later than 30 days after the later of— and prevention of mass violence; temporary possession of a firearm for pur- (I) the date of the appointment of the last (M) incidents in which firearms were used poses of examination or evaluation by a pro- member of the Commission; or to stop mass violence; and spective transferee. (II) the date on which appropriated funds (N) any other area that the Commission SEC. 230. EFFECTIVE DATE. are available for the Commission. determines contributes to the causes of mass (a) IN GENERAL.—Except as provided in (B) QUORUM; VACANCIES; VOTING; RULES.—A violence. subsection (b), this subtitle and the amend- majority of the members of the Commission (3) TESTIMONY OF VICTIMS AND SURVIVORS.— ments made by this subtitle shall take effect shall constitute a quorum to conduct busi- In determining the root causes of these re- 180 days after the date of enactment of this ness, but the Commission may establish a curring and tragic incidents of mass vio- Act. lesser quorum for conducting hearings sched- lence, the Commission shall, in accordance

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.054 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8400 CONGRESSIONAL RECORD — SENATE December 3, 2015 with section 244(a), take the testimony of the duties of the Commission under section provide for reconciliation pursuant to victims and survivors to learn and memori- 243. section 2002 of the concurrent resolu- alize their views and experiences regarding SEC. 245. COMMISSION PERSONNEL MATTERS. tion on the budget for fiscal year 2016; such incidents of mass violence. (a) COMPENSATION OF MEMBERS.—Each which was ordered to lie on the table; (b) RECOMMENDATIONS.—Based on the find- member of the Commission who is not an of- ings of the study required under subsection ficer or employee of the Federal Government as follows: (a), the Commission shall make rec- shall be compensated at a rate equal to the Strike all after the enacting clause and in- ommendations to the President and Congress daily equivalent of the annual rate of basic sert the following: to address the causes of these recurring and pay prescribed for level IV of the Executive SECTION 1. FUNDING FOR RESEARCH BY CDC ON tragic incidents of mass violence and to re- Schedule under section 5315 of title 5, United FIREARMS SAFETY OR GUN VIO- duce such incidents of mass violence. States Code, for each day (including travel LENCE PREVENTION. (c) REPORTS.— time) during which such member is engaged Notwithstanding any other provision of (1) INTERIM REPORT.—Not later than 3 in the performance of the duties of the Com- law, there is authorized to be appropriated to months after the date on which the Commis- mission. All members of the Commission the Centers for Disease Control and Preven- sion first meets, the Commission shall sub- who are officers or employees of the United tion $10,000,000 for each of fiscal years 2016 mit to the President and Congress an in- States shall serve without compensation in through 2021 for the purpose of conducting or terim report describing any initial rec- addition to that received for their services as supporting research on firearms safety or ommendations of the Commission. officers or employees of the United States. gun violence prevention under the Public (2) FINAL REPORT.—Not later than 6 months (b) TRAVEL EXPENSES.—The members of Health Service Act (42 U.S.C. 201 et seq.). after the date on which the Commission first the Commission shall be allowed travel ex- The amount authorized to be appropriated meets, the Commission shall submit to the penses, including per diem in lieu of subsist- by the preceding sentence is in addition to President and Congress a comprehensive re- ence, at rates authorized for employees of any other amounts authorized to be appro- port of the findings and conclusions of the agencies under subchapter I of chapter 57 of priated for such purpose. Commission, together with the recommenda- title 5, United States Code, while away from tions of the Commission. their homes or regular places of business in SA 2910. Mrs. FEINSTEIN (for her- (3) SUMMARIES.—The report under para- the performance of service for the Commis- self, Mr. WHITEHOUSE, Mr. REED, Mrs. graph (2) shall include a summary of— sion. GILLIBRAND, Mr. SCHUMER, Mr. DURBIN, (A) the reports submitted to the Commis- (c) STAFF.— Mr. MURPHY, Mr. BLUMENTHAL, Mrs. sion by any entity under contract for re- (1) IN GENERAL.—The Chairman of the Com- BOXER, Mr. MENENDEZ, Ms. WARREN, search under section 244(e); and mission may, without regard to the civil Mr. MARKEY, Mr. SCHATZ, Ms. HIRONO, service laws and regulations, appoint and (B) any other material relied on by the Ms. KLOBUCHAR, Mr. FRANKEN, Mr. Commission in the preparation of the report. terminate an executive director and such WARNER, Mr. KAINE, Mr. KING, Ms. MI- SEC. 244. POWERS OF THE COMMISSION. other additional employees as may be nec- essary to enable the Commission to perform KULSKI, Mrs. MCCASKILL, Mr. BROWN, (a) HEARINGS.— its duties. The employment and termination Mr. CASEY, Mr. SANDERS, Mrs. MURRAY, (1) IN GENERAL.—The Commission may hold such hearings, sit and act at such times and of an executive director shall be subject to and Ms. BALDWIN) submitted an amend- places, administer such oaths, take such tes- confirmation by a majority of the members ment intended to be proposed to timony, and receive such evidence as the of the Commission. amendment SA 2874 proposed by Mr. Commission considers advisable to carry out (2) COMPENSATION.—The executive director MCCONNELL to the bill H.R. 3762, to its duties under section 243. shall be compensated at a rate not to exceed provide for reconciliation pursuant to the rate payable for level V of the Executive (2) WITNESS EXPENSES.—Witnesses re- section 2002 of the concurrent resolu- quested to appear before the Commission Schedule under section 5316 of title 5, United States Code. The Chairman may fix the com- tion on the budget for fiscal year 2016; shall be paid the same fees as are paid to wit- as follows: nesses under section 1821 of title 28, United pensation of other employees without regard States Code. to the provisions of chapter 51 and sub- In lieu of the matter proposed to be in- chapter III of chapter 53 of title 5, United (b) INFORMATION FROM FEDERAL AGEN- serted, insert the following: States Code, relating to classification of po- CIES.—The Commission may secure directly SECTION 1. SHORT TITLE. from any Federal agency such information sitions and General Schedule pay rates, ex- This Act may be cited as the ‘‘Denying as the Commission considers necessary to cept that the rate of pay for such employees Firearms and Explosives to Dangerous Ter- carry out its duties under section 243. Upon may not exceed the rate payable for level V rorists Act of 2015’’. the request of the Commission, the head of of the Executive Schedule under section 5316 SEC. 2. GRANTING THE ATTORNEY GENERAL THE such agency may furnish such information of such title. AUTHORITY TO DENY THE SALE, DE- to the Commission. (3) DETAIL OF GOVERNMENT EMPLOYEES.— LIVERY, OR TRANSFER OF A FIRE- Any Federal Government employee, with the ARM OR THE ISSUANCE OF A FIRE- (c) INFORMATION TO BE KEPT CONFIDEN- approval of the head of the appropriate Fed- ARMS OR EXPLOSIVES LICENSE OR TIAL.— eral agency, may be detailed to the Commis- PERMIT TO DANGEROUS TERROR- (1) IN GENERAL.—The Commission shall be ISTS. considered an agency of the Federal Govern- sion without reimbursement, and such detail shall be without interruption or loss of civil (a) STANDARD FOR EXERCISING ATTORNEY ment for purposes of section 1905 of title 18, GENERAL DISCRETION REGARDING TRANSFER- United States Code, and any individual em- service status, benefits, or privilege. (d) PROCUREMENT OF TEMPORARY AND RING FIREARMS OR ISSUING FIREARMS PER- ployed by any individual or entity under INTERMITTENT SERVICES.—The Chairman of MITS TO DANGEROUS TERRORISTS.—Chapter 44 contract with the Commission under sub- the Commission may procure temporary and of title 18, United States Code, is amended— section (d) shall be considered an employee intermittent services under section 3109(b) of (1) by inserting after section 922 the fol- of the Commission for the purposes of sec- title 5, United States Code, at rates for indi- lowing: tion 1905 of title 18, United States Code. viduals not to exceed the daily equivalent of ‘‘§ 922A. Attorney General’s discretion to deny (2) DISCLOSURE.—Information obtained by the annual rate of basic pay prescribed for transfer of a firearm the Commission or the Attorney General level V of the Executive Schedule under sec- under this subtitle and shared with the Com- ‘‘The Attorney General may deny the tion 5316 of such title. mission, other than information available to transfer of a firearm under section the public, shall not be disclosed to any per- SEC. 246. AUTHORIZATION OF APPROPRIATIONS. 922(t)(1)(B)(ii) of this title if the Attorney There are authorized to be appropriated to son in any manner, except— General— the Commission and any agency of the Fed- (A) to Commission employees or employees ‘‘(1) determines that the transferee is eral Government assisting the Commission of any individual or entity under contract to known (or appropriately suspected) to be or in carrying out its duties under this subtitle the Commission under subsection (d) for the have been engaged in conduct constituting, such sums as may be necessary to carry out purpose of receiving, reviewing, or proc- in preparation for, in aid of, or related to the purposes of this subtitle. Any sums ap- essing such information; terrorism, or providing material support or propriated shall remain available, without (B) upon court order; or resources for terrorism; and fiscal year limitation, until expended. (C) when publicly released by the Commis- ‘‘(2) has a reasonable belief that the pro- sion in an aggregate or summary form that SEC. 247. TERMINATION OF THE COMMISSION. spective transferee may use a firearm in con- does not directly or indirectly disclose— The Commission shall terminate 30 days nection with terrorism. (i) the identity of any person or business after the Commission submits the final re- ‘‘§ 922B. Attorney General’s discretion regard- entity; or port under section 243(c)(2). ing applicants for firearm permits which would qualify for the exemption provided (ii) any information which could not be re- Mr. MARKEY (for himself leased under section 1905 of title 18, United SA 2909. under section 922(t)(3) States Code. and Mr. MURPHY) submitted an amend- ‘‘The Attorney General may determine (d) CONTRACTING FOR RESEARCH.—The Com- ment intended to be proposed to that— mission may enter into contracts with any amendment SA 2874 proposed by Mr. ‘‘(1) an applicant for a firearm permit entity for research necessary to carry out MCCONNELL to the bill H.R. 3762, to which would qualify for an exemption under

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.054 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8401 section 922(t)(3) is known (or appropriately (1) in paragraph (8), by striking ‘‘or’’ at the tion which the Attorney General relied on suspected) to be or have been engaged in con- end; for this determination may be withheld from duct constituting, in preparation for, in aid (2) in paragraph (9), by striking the comma the applicant if the Attorney General deter- of, or related to terrorism, or providing ma- at the end and inserting ‘‘; or’’; and mines that disclosure of the information terial support or resources for terrorism; and (3) by inserting after paragraph (9) the fol- would likely compromise national security. ‘‘(2) the Attorney General has a reasonable lowing: In responding to the petition, the United belief that the applicant may use a firearm ‘‘(10) who has received actual notice of the States may submit, and the court may rely in connection with terrorism.’’; Attorney General’s determination made upon, summaries or redacted versions of doc- (2) in section 921(a), by adding at the end under section 922A, 922B, 923(d)(3) or 923(e) of uments containing information the disclo- the following: this title,’’. sure of which the Attorney General has de- ‘‘(36) The term ‘terrorism’ includes inter- (e) ATTORNEY GENERAL DISCRETIONARY DE- termined would likely compromise national national terrorism and domestic terrorism, NIAL OF FEDERAL FIREARMS LICENSES.—Sec- security.’’. as defined in section 2331 of this title. tion 923(d) of title 18, United States Code, is (i) PENALTIES.—Section 924(k) of title 18, ‘‘(37) The term ‘material support or re- amended— United States Code, is amended— sources’ has the meaning given the term in (1) in paragraph (1), in the matter pre- (1) in paragraph (2), by striking ‘‘or’’ at the section 2339A of this title. ceding subparagraph (A), by striking ‘‘Any’’ end; ‘‘(38) The term ‘responsible person’ means and inserting ‘‘Except as provided in para- (2) in paragraph (3), by striking the comma an individual who has the power, directly or graph (3), any’’; and at the end and inserting ‘‘; or’’; and indirectly, to direct or cause the direction of (2) by adding at the end the following: (3) by inserting after paragraph (3) the fol- the management and policies of the appli- ‘‘(3) The Attorney General may deny a li- lowing: cant or licensee pertaining to firearms.’’; and cense application if the Attorney General de- ‘‘(4) constitutes an act of terrorism, or pro- (3) in the table of sections, by inserting termines that the applicant (including any viding material support or resources for ter- after the item relating to section 922 the fol- responsible person) is known (or appro- rorism,’’. lowing: priately suspected) to be or have been en- (j) REMEDY FOR ERRONEOUS DENIAL OF ‘‘922A. Attorney General’s discretion to deny gaged in conduct constituting, in prepara- FIREARM OR FIREARM PERMIT EXEMPTION.— transfer of a firearm. tion for, in aid of, or related to terrorism, or (1) IN GENERAL.—Section 925A of title 18, ‘‘922B. Attorney General’s discretion regard- providing material support or resources for United States Code, is amended— ing applicants for firearm per- terrorism, and the Attorney General has a (A) in the section heading, by striking mits which would qualify for reasonable belief that the applicant may use ‘‘Remedy for erroneous denial of firearm’’ the exemption provided under a firearm in connection with terrorism.’’. and inserting ‘‘Remedies’’; section 922(t)(3).’’. (f) DISCRETIONARY REVOCATION OF FEDERAL (B) by striking ‘‘Any person denied a fire- IREARMS ICENSES (b) EFFECT OF ATTORNEY GENERAL DISCRE- F L .—Section 923(e) of title arm pursuant to subsection (s) or (t) of sec- TIONARY DENIAL THROUGH THE NATIONAL IN- 18, United States Code, is amended— tion 922’’ and inserting the following: STANT CRIMINAL BACKGROUND CHECK SYSTEM (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; ‘‘(a) Except as provided in subsection (b), (NICS) ON FIREARMS PERMITS.—Section 922(t) (2) by striking ‘‘revoke any license’’ and any person denied a firearm pursuant to sub- of title 18, United States Code, is amended— inserting the following: ‘‘revoke— section (t) of section 922 or a firearm permit (1) in paragraph (1)(B)(ii), by inserting ‘‘or ‘‘(A) any license’’; pursuant to a determination made under sec- State law, or that the Attorney General has (3) by striking ‘‘. The Attorney General tion 922B’’; and determined to deny the transfer of a firearm may, after notice and opportunity for hear- (C) by adding at the end the following: pursuant to section 922A of this title’’ before ing, revoke the license’’ and inserting the ‘‘(b) In any case in which the Attorney the semicolon; following: ‘‘; General has denied the transfer of a firearm (2) in paragraph (2), in the matter pre- ‘‘(B) the license’’; and to a prospective transferee pursuant to sec- ceding subparagraph (A), by inserting ‘‘, or if (4) by striking ‘‘. The Secretary’s action’’ tion 922A of this title or has made a deter- the Attorney General has not determined to and inserting the following: ‘‘; or mination regarding a firearm permit appli- deny the transfer of a firearm pursuant to ‘‘(C) any license issued under this section if cant pursuant to section 922B of this title, an section 922A of this title’’ after ‘‘or State the Attorney General determines that the action challenging the determination may be law’’; holder of such license (including any respon- brought against the United States. The peti- (3) in paragraph (3)— sible person) is known (or appropriately sus- tion shall be filed not later than 60 days (A) in subparagraph (A)— pected) to be or have been engaged in con- after the petitioner has received actual no- (i) in clause (i)— duct constituting, in preparation for, in aid tice of the Attorney General’s determination (I) in subclause (I), by striking ‘‘and’’ at of, or related to terrorism or providing mate- under section 922A or 922B of this title. The the end; and rial support or resources for terrorism, and court shall sustain the Attorney General’s (II) by adding at the end the following: the Attorney General has a reasonable belief determination upon a showing by the United ‘‘(III) was issued after a check of the sys- that the applicant may use a firearm in con- States by a preponderance of evidence that tem established pursuant to paragraph (1);’’; nection with terrorism. the Attorney General’s determination satis- (ii) in clause (ii), by inserting ‘‘and’’ after ‘‘(2) The Attorney General’s action’’. fied the requirements of section 922A or 922B, (g) ATTORNEY GENERAL’S ABILITY TO WITH- the semicolon; and as the case may be. To make this showing, HOLD INFORMATION IN FIREARMS LICENSE DE- (iii) by adding at the end the following: the United States may submit, and the court NIAL AND REVOCATION SUIT.— ‘‘(iii) the State issuing the permit agrees may rely upon, summaries or redacted (1) IN GENERAL.—Section 923(f)(1) of title 18, to deny the permit application if such other versions of documents containing informa- United States Code, is amended by inserting person is the subject of a determination by tion the disclosure of which the Attorney after the first sentence the following: ‘‘How- the Attorney General pursuant to section General has determined would likely com- ever, if the denial or revocation is pursuant 922B of this title;’’; promise national security. Upon request of to subsection (d)(3) or (e)(1)(C), any informa- (4) in paragraph (4), by inserting ‘‘, or if the petitioner or the court’s own motion, the tion upon which the Attorney General relied the Attorney General has not determined to court may review the full, undisclosed docu- for this determination may be withheld from deny the transfer of a firearm pursuant to ments ex parte and in camera. The court the petitioner, if the Attorney General deter- section 922A of this title’’ after ‘‘or State shall determine whether the summaries or mines that disclosure of the information law’’; and redacted versions, as the case may be, are would likely compromise national secu- (5) in paragraph (5), by inserting ‘‘, or if fair and accurate representations of the un- rity.’’. the Attorney General has determined to derlying documents. The court shall not con- (2) SUMMARIES.—Section 923(f)(3) of title 18, deny the transfer of a firearm pursuant to sider the full, undisclosed documents in de- United States Code, is amended by inserting section 922A of this title’’ after ‘‘or State ciding whether the Attorney General’s deter- after the third sentence the following: ‘‘With law’’. mination satisfies the requirements of sec- respect to any information withheld from (c) UNLAWFUL SALE OR DISPOSITION OF tion 922A or 922B.’’. FIREARM BASED UPON ATTORNEY GENERAL the aggrieved party under paragraph (1), the (2) TECHNICAL AND CONFORMING AMEND- DISCRETIONARY DENIAL.—Section 922(d) of United States may submit, and the court MENT.—The table of sections for chapter 44 of may rely upon, summaries or redacted title 18, United States Code, is amended— title 18, United States Code, is amended by versions of documents containing informa- (1) in paragraph (8), by striking ‘‘or’’ at the striking the item relating to section 925A tion the disclosure of which the Attorney end; and inserting the following: (2) in paragraph (9), by striking the period General has determined would likely com- at the end and inserting ‘‘; or’’; and promise national security.’’. ‘‘925A. Remedies.’’. (3) by adding at the end the following: (h) ATTORNEY GENERAL’S ABILITY TO WITH- (k) PROVISION OF GROUNDS UNDERLYING IN- ‘‘(10) has been the subject of a determina- HOLD INFORMATION IN RELIEF FROM DISABIL- ELIGIBILITY DETERMINATION BY THE NATIONAL tion by the Attorney General under section ITIES LAWSUITS.—Section 925(c) of title 18, INSTANT CRIMINAL BACKGROUND CHECK SYS- 922A, 922B, 923(d)(3), or 923(e) of this title.’’. United States Code, is amended by inserting TEM.—Section 103 of the Brady Handgun Vio- (d) ATTORNEY GENERAL DISCRETIONARY DE- after the third sentence the following: ‘‘If lence Prevention Act (18 U.S.C. 922 note) is NIAL AS PROHIBITOR.—Section 922(g) of title the person is subject to a disability under amended— 18, United States Code, is amended— section 922(g)(10) of this title, any informa- (1) in subsection (f)—

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.052 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8402 CONGRESSIONAL RECORD — SENATE December 3, 2015 (A) by inserting ‘‘or the Attorney General ‘‘(2) The Attorney General’s action’’. At the appropriate place, insert the fol- has made a determination regarding an ap- (p) ATTORNEY GENERAL’S ABILITY TO WITH- lowing: plicant for a firearm permit pursuant to sec- HOLD INFORMATION IN EXPLOSIVES LICENSE SEC. lll. EXPANSION AND MODIFICATION OF tion 922B of title 18, United States Code,’’ AND PERMIT DENIAL AND REVOCATION SUITS.— CREDIT FOR EMPLOYEE HEALTH IN- after ‘‘is ineligible to receive a firearm’’; and Section 843(e) of title 18, United States Code, SURANCE EXPENSES OF SMALL EM- (B) by inserting ‘‘except any information is amended— PLOYERS. for which the Attorney General has deter- (1) in paragraph (1), by inserting after the (a) EXPANSION OF DEFINITION OF ELIGIBLE mined that disclosure would likely com- first sentence the following: ‘‘However, if the SMALL EMPLOYER.—Subparagraph (A) of sec- promise national security,’’ after ‘‘reasons to denial or revocation is based upon an Attor- tion 45R(d)(1) of the Internal Revenue Code the individual,’’; and ney General determination under subsection of 1986 is amended by striking ‘‘25’’ and in- (2) in subsection (g)— (j) or (d)(1)(B), any information which the serting ‘‘50’’. (A) the first sentence— Attorney General relied on for this deter- (b) AMENDMENT TO PHASEOUT DETERMINA- (i) by inserting ‘‘or if the Attorney General mination may be withheld from the peti- TION.—Subsection (c) of section 45R of the In- has made a determination pursuant to sec- tioner if the Attorney General determines ternal Revenue Code of 1986 is amended to tion 922A or 922B of title 18, United States that disclosure of the information would read as follows: ‘‘(c) PHASEOUT OF CREDIT AMOUNT BASED ON Code,’’ after ‘‘or State law,’’; and likely compromise national security.’’; and NUMBER OF EMPLOYEES AND AVERAGE (ii) by inserting ‘‘, except any information (2) in paragraph (2), by adding at the end WAGES.—The amount of the credit deter- for which the Attorney General has deter- the following: ‘‘In responding to any petition mined under subsection (b) (without regard mined that disclosure would likely com- for review of a denial or revocation based to this subsection) shall be adjusted (but not promise national security’’ before the period upon an Attorney General determination below zero) by multiplying such amount by at the end; and under subsection (j) or (d)(1)(B), the United the product of— (B) by adding at the end the following: States may submit, and the court may rely ‘‘(1) the lesser of— ‘‘Any petition for review of information upon, summaries or redacted versions of doc- ‘‘(A) a fraction the numerator of which is withheld by the Attorney General under this uments containing information the disclo- the excess (if any) of 50 over the total num- subsection shall be made in accordance with sure of which the Attorney General has de- ber of full-time equivalent employees of the section 925A of title 18, United States Code.’’. termined would likely compromise national (l) UNLAWFUL DISTRIBUTION OF EXPLOSIVES employer and the denominator of which is 30, security.’’. and BASED UPON ATTORNEY GENERAL DISCRE- (q) ABILITY TO WITHHOLD INFORMATION IN ‘‘(B) 1, and TIONARY DENIAL.—Section 842(d) of title 18, COMMUNICATIONS TO EMPLOYERS.—Section United States Code, is amended— 843(h)(2) of title 18, United States Code, is ‘‘(2) the lesser of— (1) in paragraph (9), by striking the period amended— ‘‘(A) a fraction— and inserting ‘‘; or’’; and (1) in subparagraph (A), by inserting ‘‘or in ‘‘(i) the numerator of which is the excess (2) by adding at the end the following: subsection (j) of this section (on grounds of (if any) of— ‘‘(10) has received actual notice of the At- terrorism)’’ after ‘‘section 842(i)’’; and ‘‘(I) the dollar amount in effect under sub- torney General’s determination made pursu- (2) in subparagraph (B)— section (d)(3)(B) for the taxable year, multi- ant to subsection (j) or (d)(1)(B) of section 843 (A) in the matter preceding clause (i), by plied by 3, over of this title.’’. inserting ‘‘or in subsection (j) of this sec- ‘‘(II) the average annual wages of the em- (m) ATTORNEY GENERAL DISCRETIONARY DE- tion,’’ after ‘‘section 842(i),’’; and ployer for such taxable year, and NIAL AS PROHIBITOR.—Section 842(i) of title (B) in clause (ii), by inserting ‘‘, except ‘‘(ii) the denominator of which is the dollar 18, United States Code, is amended— that any information that the Attorney Gen- amount so in effect under subsection (1) in paragraph (7), by inserting ‘‘; or’’ at eral relied on for a determination pursuant (d)(3)(B), multiplied by 2, and the end; and to subsection (j) may be withheld if the At- ‘‘(B) 1.’’. (c) EXTENSION OF CREDIT PERIOD.—Para- (2) by inserting after paragraph (7) the fol- torney General concludes that disclosure of graph (2) of section 45R(e) of the Internal lowing: the information would likely compromise Revenue Code of 1986 is amended by striking ‘‘(8) who has received actual notice of the national security’’ after ‘‘determination’’. ‘‘2-consecutive-taxable year period’’ and all Attorney General’s determination made pur- (r) CONFORMING AMENDMENT TO IMMIGRA- that follows and inserting ‘‘3-consecutive- suant to subsection (j) or (d)(1)(B) of section TION AND NATIONALITY ACT.—Section 843 of this title,’’. 101(a)(43)(E)(ii) of the Immigration and Na- taxable year period beginning with the 1st (n) ATTORNEY GENERAL DISCRETIONARY DE- tionality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is taxable year beginning after 2014 in which— NIAL OF FEDERAL EXPLOSIVES LICENSES AND amended by striking ‘‘or (5)’’ and inserting ‘‘(A) the employer (or any predecessor) of- PERMITS.—Section 843 of title 18, United ‘‘(5), or (10)’’. fers 1 or more qualified health plans to its States Code, is amended— (s) GUIDELINES.— employees through an Exchange, and (1) in subsection (b), by striking ‘‘Upon’’ (1) IN GENERAL.—The Attorney General ‘‘(B) the employer (or any predecessor) and inserting ‘‘Except as provided in sub- shall issue guidelines describing the cir- claims the credit under this section.’’. section (j), upon’’; and cumstances under which the Attorney Gen- (d) AVERAGE ANNUAL WAGE LIMITATION.— (2) by adding at the end the following: eral will exercise the authority and make de- Subparagraph (B) of section 45R(d)(3) of the ‘‘(j) The Attorney General may deny the terminations under subsections (d)(1)(B) and Internal Revenue Code of 1986 is amended to issuance of a permit or license to an appli- (j) of section 843 and sections 922A and 922B read as follows: cant if the Attorney General determines that of title 18, United States Code, as amended ‘‘(B) DOLLAR AMOUNT.—For purposes of the applicant or a responsible person or em- by this title. paragraph (1)(B) and subsection (c)(2), the ployee possessor thereof is known (or appro- dollar amount in effect under this paragraph priately suspected) to be or have been en- (2) CONTENTS.—The guidelines issued under paragraph (1) shall— is the amount equal to 110 percent of the gaged in conduct constituting, in prepara- poverty line (within the meaning of section tion of, in aid of, or related to terrorism, or (A) provide accountability and a basis for monitoring to ensure that the intended goals 36B(d)(3)) for a family of 4.’’. providing material support or resources for (e) ELIMINATION OF UNIFORM PERCENTAGE for, and expected results of, the grant of au- terrorism, and the Attorney General has a CONTRIBUTION REQUIREMENT.—Paragraph (4) thority under subsections (d)(1)(B) and (j) of reasonable belief that the person may use ex- of section 45R(d) of the Internal Revenue section 843 and sections 922A and 922B of title plosives in connection with terrorism.’’. Code of 1986 is amended by striking ‘‘a uni- 18, United States Code, as amended by this (o) ATTORNEY GENERAL DISCRETIONARY form percentage (not less than 50 percent)’’ title, are being achieved; and REVOCATION OF FEDERAL EXPLOSIVES LI- and inserting ‘‘at least 50 percent’’. CENSES AND PERMITS.—Section 843(d) of title (B) ensure that terrorist watch list records (f) ELIMINATION OF CAP RELATING TO AVER- 18, United States Code, is amended— are used in a manner that safeguards privacy AGE LOCAL PREMIUMS.—Subsection (b) of sec- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and civil liberties protections, in accordance tion 45R of the Internal Revenue Code of 1986 (2) by striking ‘‘if in the opinion’’ and in- with requirements outlines in Homeland Se- is amended by striking ‘‘the lesser of’’ and serting the following: ‘‘if— curity Presidential Directive 11 (dated Au- all that follows and inserting ‘‘the aggregate ‘‘(A) in the opinion’’; and gust 27, 2004). amount of nonelective contributions the em- (3) by striking ‘‘. The Secretary’s action’’ ployer made on behalf of its employees dur- and inserting the following: ‘‘; or SA 2911. Mr. COONS (for himself, Ms. ing the taxable year under the arrangement ‘‘(B) the Attorney General determines that HIRONO, Mrs. MURRAY, Mr. MERKLEY, described in subsection (d)(4) for premiums the licensee or holder (or any responsible and Mr. KING) submitted an amend- for qualified health plans offered by the em- person or employee possessor thereof) is ment intended to be proposed to ployer to its employees through an Ex- known (or appropriately suspected) to be or amendment SA 2874 proposed by Mr. change.’’. have been engaged in conduct constituting, MCCONNELL to the bill H.R. 3762, to (g) AMENDMENT RELATING TO ANNUAL WAGE in preparation for, in aid of, or related to LIMITATION.—Subparagraph (B) of section terrorism, or providing material support or provide for reconciliation pursuant to section 2002 of the concurrent resolu- 45R(d)(1) of the Internal Revenue Code of 1986 resources for terrorism, and that the Attor- is amended by striking ‘‘twice’’ and inserting ney General has a reasonable belief that the tion on the budget for fiscal year 2016; ‘‘three times’’. person may use explosives in connection which was ordered to lie on the table; (h) EFFECTIVE DATE.—The amendments with terrorism. as follows: made by this section shall apply to amounts

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.052 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8403 paid or incurred in taxable years beginning (D) in paragraph (6), by inserting ‘‘or in- priately suspected) to be or have been en- after December 31, 2014. verted domestic corporation, as the case may gaged in conduct constituting, in prepara- SEC. lll. MODIFICATIONS TO RULES RELATING be,’’ after ‘‘surrogate foreign corporation’’. tion for, in aid of, or related to terrorism, or TO INVERTED CORPORATIONS. (c) EFFECTIVE DATE.—The amendments providing material support or resources for (a) IN GENERAL.—Subsection (b) of section made by this section shall apply to taxable terrorism; 7874 of the Internal Revenue Code of 1986 is years ending after November 30, 2015. ‘‘(ii) the term ‘material support or re- amended to read as follows: sources’ has the meaning given the term in ‘‘(b) INVERTED CORPORATIONS TREATED AS SA 2912. Mr. CORNYN submitted an section 2339A; and DOMESTIC CORPORATIONS.— amendment intended to be proposed to ‘‘(iii) the term ‘terrorism’ includes inter- ‘‘(1) IN GENERAL.—Notwithstanding section amendment SA 2874 proposed by Mr. national terrorism and domestic terrorism, 7701(a)(4), a foreign corporation shall be as defined in section 2331.’’. treated for purposes of this title as a domes- MCCONNELL to the bill H.R. 3762, to tic corporation if— provide for reconciliation pursuant to SEC. l03. STOP SANCTUARY POLICIES AND PRO- TECT AMERICANS. ‘‘(A) such corporation would be a surrogate section 2002 of the concurrent resolu- (a) SHORT TITLE.—This section may be foreign corporation if subsection (a)(2) were tion on the budget for fiscal year 2016; applied by substituting ‘80 percent’ for ‘60 as follows: cited as the ‘‘Stop Sanctuary Policies and percent’, or Protect Americans Act’’. At the appropriate place, insert the fol- (b) SANCTUARY JURISDICTION DEFINED.—In ‘‘(B) such corporation is an inverted do- lowing: mestic corporation. this section, the term ‘‘sanctuary jurisdic- TITLE ll—PROTECT AMERICA ACT OF ‘‘(2) INVERTED DOMESTIC CORPORATION.—For tion’’ means any State or political subdivi- purposes of this subsection, a foreign cor- 2015 sion of a State, including any law enforce- poration shall be treated as an inverted do- SECTION l01. SHORT TITLE. ment entity of a State or of a political sub- mestic corporation if, pursuant to a plan (or This title may be cited as the ‘‘Protect division of a State, that— a series of related transactions)— America Act of 2015’’. (1) has in effect a statute, ordinance, pol- ‘‘(A) the entity completes after November SEC. l02. GRANTING THE ATTORNEY GENERAL icy, or practice that is in violation of sub- 30, 2015, the direct or indirect acquisition THE AUTHORITY TO DENY THE SALE, section (a) or (b) of section 642 of the Illegal of— DELIVERY, OR TRANSFER OF FIRE- Immigration Reform and Immigrant Respon- ‘‘(i) substantially all of the properties held ARMS TO DANGEROUS TERRORISTS; sibility Act of 1996 (8 U.S.C. 1373); or directly or indirectly by a domestic corpora- REQUIRING INFORMATION SHARING (2) has in effect a statute, ordinance, pol- REGARDING ATTEMPTED FIREARMS tion, or icy, or practice that prohibits any govern- PURCHASES BY SUSPECTED TER- ment entity or official from complying with ‘‘(ii) substantially all of the assets of, or RORISTS; AUTHORIZING THE INVES- substantially all of the properties consti- TIGATION AND ARREST OF TERROR- a detainer that has been lawfully issued or a tuting a trade or business of, a domestic ISTS WHO ATTEMPT TO PURCHASE request to notify about the release of an partnership, and FIREARMS. alien that has been made by the Department ‘‘(B) after the acquisition, more than 50 (a) SHORT TITLE.—This section may be of Homeland Security in accordance with percent of the stock (by vote or value) of the cited as the ‘‘Preventing Terrorists From section 236 and 287 of the Immigration and entity is held— Obtaining Firearms Act of 2015’’. Nationality Act (8 U.S.C. 1226 and 1357) and ‘‘(i) in the case of an acquisition with re- (b) AMENDMENTS.—Section 922(t) of title 18, section 287.7 of title 8, Code of Federal Regu- spect to a domestic corporation, by former United States Code, is amended by adding at lations. shareholders of the domestic corporation by the end the following: (c) LIMITATION ON GRANTS TO SANCTUARY reason of holding stock in the domestic cor- ‘‘(7)(A) If the Attorney General is notified JURISDICTIONS.— poration, or of a request to transfer a firearm to a person (1) INELIGIBILITY FOR GRANTS.— ‘‘(ii) in the case of an acquisition with re- who is a known or suspected terrorist, the (A) LAW ENFORCEMENT GRANTS.— spect to a domestic partnership, by former Attorney General shall— (i) SCAAP GRANTS.—A sanctuary jurisdic- partners of the domestic partnership by rea- ‘‘(i) as appropriate, take further steps to tion shall not be eligible to receive funds son of holding a capital or profits interest in confirm the identity of the prospective pursuant to the State Criminal Alien Assist- the domestic partnership. transferee and confirm or rule out the sus- ance Program under section 241(i) of the Im- ‘‘(3) EXCEPTION FOR CORPORATIONS WITH pected nexus to terrorism of the prospective migration and Nationality Act (8 U.S.C. SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN transferee; 1231(i)). COUNTRY OF ORGANIZATION.—A foreign cor- ‘‘(ii) as appropriate, notify relevant Fed- (ii) COPS GRANTS.—No law enforcement en- poration described in paragraph (2) shall not eral, State, or local law enforcement agen- tity of a State or of a political subdivision of be treated as an inverted domestic corpora- cies or intelligence agencies concerning the a State that has a departmental policy or tion if after the acquisition the expanded af- identity of the prospective transferee; and practice that renders it a sanctuary jurisdic- filiated group which includes the entity has ‘‘(iii) determine whether the prospective tion, and such a policy or practice is not re- substantial business activities in the foreign transferee is already the subject of an ongo- quired by statute, ordinance, or other codi- country in which or under the law of which ing terrorism investigation and, as appro- fied law, or by order of a chief executive offi- the entity is created or organized when com- priate, initiate such an investigation. cer of the jurisdiction, or the executive or pared to the total business activities of such ‘‘(B) Upon being notified of a prospective legislative board of the jurisdiction, shall be expanded affiliated group. For purposes of transfer under subparagraph (A), the Attor- eligible to receive funds directly or indi- subsection (a)(2)(B)(iii) and the preceding ney General or the United States attorney rectly under the ‘Cops on the Beat’ program sentence, the term ‘substantial business ac- for the district in which the licensee is lo- under part Q of title I of the Omnibus Crime tivities’ shall have the meaning given such cated may— Control and Safe Streets Act of 1968 (42 term under regulations in effect on Novem- ‘‘(i) delay the transfer of the firearm for a U.S.C. 3796dd et seq.). ber 30, 2015, except that the Secretary may period not to exceed 72 hours; and (iii) ENFORCEMENT.—The Attorney General, issue regulations increasing the threshold ‘‘(ii) file an emergency petition in a court in consultation with the Secretary of Home- percent in any of the tests under such regu- of competent jurisdiction to prohibit the land Security, shall terminate the funding lations for determining if business activities transfer of the firearm. described in subparagraphs (A) and (B) to a constitute substantial business activities for ‘‘(C)(i) An emergency petition filed under State or political subdivision of a State on purposes of this paragraph.’’. subparagraph (B)(ii) shall be granted upon a the date that is 30 days after the date on (b) CONFORMING AMENDMENTS.— showing of probable cause to believe that the which a notification described in subsection (1) Clause (i) of section 7874(a)(2)(B) of such transferee has committed or will commit an (d)(2) is made to the State or subdivision, un- Code is amended by striking ‘‘after March 4, act of terrorism. less the Secretary of Homeland Security, in 2003,’’ and inserting ‘‘after March 4, 2003, and ‘‘(ii) In the case of an emergency petition consultation with the Attorney General, de- before December 1, 2015,’’. filed under subparagraph (B)(ii) to prohibit termines the State or subdivision is no (2) Subsection (c) of section 7874 of such the transfer of a firearm, the petition may longer a sanctuary jurisdiction. Code is amended— only be granted after a hearing— (B) COMMUNITY DEVELOPMENT BLOCK (A) in paragraph (2)— ‘‘(I) of which the transferee receives actual GRANTS.— (i) by striking ‘‘subsection (a)(2)(B)(ii)’’ notice; and (i) IN GENERAL.—Title I of the Housing and and inserting ‘‘subsections (a)(2)(B)(ii) and ‘‘(II) at which the transferee has an oppor- Community Development Act of 1974 (42 (b)(2)(B)’’, and tunity to participate with counsel. U.S.C. 5301 et seq.) is amended— (ii) by inserting ‘‘or (b)(2)(A)’’ after ‘‘(D) The Attorney General may arrest and (I) in section 102 (42 U.S.C. 5302), by adding ‘‘(a)(2)(B)(i)’’ in subparagraph (B), detain any transferee with respect to whom at the end the following: (B) in paragraph (3), by inserting ‘‘or an emergency petition is granted under sub- ‘‘(25) The term ‘sanctuary jurisdiction’ (b)(2)(B), as the case may be,’’ after paragraph (C). means any State or unit of general local gov- ‘‘(a)(2)(B)(ii)’’, ‘‘(E) For purposes of this paragraph— ernment that— (C) in paragraph (5), by striking ‘‘sub- ‘‘(i) the term ‘known or suspected ter- ‘‘(A) has in effect a statute, ordinance, pol- section (a)(2)(B)(ii)’’ and inserting ‘‘sub- rorist’ means a person determined by the At- icy, or practice that is in violation of sub- sections (a)(2)(B)(ii) and (b)(2)(B)’’, and torney General to be known (or appro- section (a) or (b) of section 642 of the Illegal

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.053 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8404 CONGRESSIONAL RECORD — SENATE December 3, 2015 Immigration Reform and Immigrant Respon- eral local government that it is ineligible to (A) no liability shall lie against the State sibility Act of 1996 (8 U.S.C. 1373); or receive a grant under this title.’’. or political subdivision for actions taken in ‘‘(B) has in effect a statute, ordinance, pol- (ii) EFFECTIVE DATE.—The amendments compliance with the detainer; icy, or practice that prohibits any govern- made by clause (i) shall only apply with re- (B) if the actions of the officer, employee, ment entity or official from complying with spect to community development block or agent of the State or political subdivision a detainer that has been lawfully issued or a grants made under title I of the Housing and were taken in compliance with the de- request to notify about the release of an Community Development Act (42 U.S.C. 5301 tainer— alien that has been made by the Department et seq.) after the date of the enactment of (i) the officer, employee, or agent shall be of Homeland Security in accordance with this Act. deemed to be an employee of the Federal section 236 and 287 of the Immigration and (2) ALLOCATION.—Any funds that are not al- Government and an investigative or law en- Nationality Act (8 U.S.C. 1226 and 1357) and located to a State or political subdivision of forcement officer and to have been acting section 287.7 of title 8, Code of Federal Regu- a State pursuant to paragraph (1) and the within the scope of his or her employment lations.’’; and amendments made by paragraph (1) shall be under section 1346(b) and chapter 171 of title (II) in section 104 (42 U.S.C. 5304)— allocated to States and political subdivisions 28, United States Code; (aa) in subsection (b)— of States that are not sanctuary jurisdic- (ii) section 1346(b) of title 28, United States (AA) in paragraph (5), by striking ‘‘and’’ at tions. Code, shall provide the exclusive remedy for the end; (3) NOTIFICATION OF CONGRESS.—Not later the plaintiff; and (BB) by redesignating paragraph (6) as than 5 days after a determination is made (iii) the United States shall be substituted paragraph (7); and pursuant to paragraph (1) to terminate a as defendant in the proceeding. (CC) by inserting after paragraph (5) the grant or to refuse to award a grant, the Sec- (3) CONSTRUCTION.—Nothing in this section following: retary of Homeland Security shall submit to may be construed— ‘‘(6) the grantee is not a sanctuary juris- the Committee on Appropriations and the (A) to provide immunity to any person who diction and will not become a sanctuary ju- Committee on the Judiciary of the Senate knowingly violates the civil or constitu- risdiction during the period for which the and the Committee on Appropriations and tional rights of an individual; or grantee receives a grant under this title; the Committee on the Judiciary of the House (B) to limit the application of the doctrine and’’; and of Representatives a report that fully de- of official immunity or of qualified immu- (bb) by adding at the end the following: scribes the circumstances and basis for the nity in a civil action brought against a law enforcement officer acting pursuant to a de- ‘‘(n) PROTECTION OF INDIVIDUALS AGAINST termination or refusal. tainer issued by the Department of Home- CRIMINAL ALIENS.— (4) TRANSPARENCY AND ACCOUNTABILITY.— land Security under section 236 or 287 of the ‘‘(1) IN GENERAL.—No funds authorized to Not later than 60 days after the date of the Immigration and Nationality Act (8 U.S.C. be appropriated to carry out this title may enactment of this Act, and quarterly there- 1226 and 1357). be obligated or expended to any State or unit after, the Secretary of Homeland Security (e) INCREASED PENALTIES FOR REENTRY OF of general local government that is a sanc- and the Attorney General shall— REMOVED ALIEN.—Section 276 of the Immi- (A) determine the States and political sub- tuary jurisdiction. gration and Nationality Act (8 U.S.C. 1326) is divisions of States that are sanctuary juris- ‘‘(2) RETURNED AMOUNTS.— amended— dictions; ‘‘(A) STATE.—If a State is a sanctuary ju- (1) by redesignating subsections (c) and (d) (B) notify each such State or subdivision risdiction during the period for which the as subsections (d) and (e), respectively; that it is determined to be a sanctuary juris- State receives amounts under this title, the (2) by striking subsections (a) and (b) and diction; and Secretary— inserting the following: (C) publish on the website of the Depart- ‘‘(i) shall direct the State to immediately ‘‘(a) IN GENERAL.—Subject to subsections return to the Secretary any such amounts ment of Homeland Security and of the De- (b) and (c), any alien who— that have not been obligated by the State as partment of Justice— ‘‘(1) has been denied admission, excluded, of the date on which the State became a (i) a list of each sanctuary jurisdiction; deported, or removed or has departed the sanctuary jurisdiction; and (ii) the total number of detainers and re- United States while an order of exclusion, ‘‘(ii) may use any returned amounts under quests for notification of the release of any deportation, or removal is outstanding; and clause (i) to make grants to other States alien that has been issued or made to each ‘‘(2) thereafter enters, attempts to enter, that are not sanctuary jurisdictions in ac- State or political subdivision of a State; and or is at any time found in, the United States, cordance with this title. (iii) the number of such detainers and re- unless— ‘‘(B) UNIT OF GENERAL LOCAL GOVERN- quests for notification that have been ig- ‘‘(A) prior to the alien’s reembarkation at MENT.—If a unit of general local government nored or otherwise not honored, including a place outside the United States or the is a sanctuary jurisdiction during the period the name of the jurisdiction in which each alien’s application for admission from for- for which the unit of general local govern- such detainer or request for notification was eign contiguous territory, the Secretary of ment receives amounts under this title, any issued or made. Homeland Security has expressly consented such amounts that have not been obligated (5) CONSTRUCTION.—Nothing in this sub- to such alien’s reapplying for admission; or by the unit of general local government as of section may be construed to require law en- ‘‘(B) with respect to an alien previously de- the date on which the unit of general local forcement officials of a State or a political nied admission and removed, such alien shall government became a sanctuary jurisdic- subdivision of a State to provide the Sec- establish that the alien was not required to tion— retary of Homeland Security with informa- obtain such advance consent under this Act ‘‘(i) in the case of a unit of general local tion related to a victim or a witness to a or any prior Act; government that is not in a nonentitlement criminal offense. shall be fined under title 18, United States area, shall be returned to the Secretary to (d) STATE AND LOCAL GOVERNMENT AND IN- Code, or imprisoned not more than five make grants to States and other units of DIVIDUAL COMPLIANCE WITH DETAINERS.— years, or both. general local government that are not sanc- (1) AUTHORITY TO CARRY OUT DETAINERS.—A ‘‘(b) CRIMINAL PENALTIES FOR REENTRY OF tuary jurisdictions in accordance with this State, a political subdivision of a State, or CERTAIN REMOVED ALIENS.— title; and an officer, employee, or agent of such State ‘‘(1) IN GENERAL.—Notwithstanding the ‘‘(ii) in the case of a unit of general local or political subdivision that complies with a penalty provided in subsection (a), and ex- government that is in a nonentitlement detainer issued by the Department of Home- cept as provided in subsection (c), an alien area, shall be returned to the Governor of land Security under section 236 or 287 of the described in subsection (a)— the State to make grants to other units of Immigration and Nationality Act (8 U.S.C. ‘‘(A) who was convicted before such re- general local government that are not sanc- 1226 and 1357)— moval or departure of three or more mis- tuary jurisdictions in accordance with this (A) shall be deemed to be acting as an demeanors involving drugs, crimes against title. agent of the Department of Homeland Secu- the person, or both, or a felony (other than ‘‘(o) ENFORCEMENT AGAINST FUNDING FOR rity; and an aggravated felony), shall be fined under SANCTUARY JURISDICTIONS.— (B) shall have the authority available to title 18, United States Code, imprisoned not ‘‘(1) IN GENERAL.—The Secretary shall employees of the Department of Homeland more than 10 years, or both; verify, on a quarterly basis, the determina- Security with regard to actions taken to ‘‘(B) who has been excluded from the tion of the Secretary of Homeland Security comply with the detainer. United States pursuant to section 235(c) be- and the Attorney General as to whether a (2) LIABILITY.—In any legal proceeding cause the alien was excludable under section State or unit of general local government is brought against a State, a political subdivi- 212(a)(3)(B) or who has been removed from a sanctuary jurisdiction and therefore ineli- sion of State, or an officer, employee, or the United States pursuant to the provisions gible to receive a grant under this title for agent of such State or political subdivision, of title V, and who thereafter, without the purposes of subsections (b)(6) and (n). which challenges the legality of the seizure permission of the Secretary of Homeland Se- ‘‘(2) NOTIFICATION.—If the Secretary or detention of an individual pursuant to a curity, enters the United States, or attempts verifies that a State or unit of general local detainer issued by the Department of Home- to do so, shall be fined under title 18, United government is determined to be a sanctuary land Security under section 236 or 287 of the States Code, and imprisoned for a period of jurisdiction under paragraph (1), the Sec- Immigration and Nationality Act (8 U.S.C. 10 years, which sentence shall not run con- retary shall notify the State or unit of gen- 1226 and 1357)— currently with any other sentence;

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.053 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8405 ‘‘(C) who was removed from the United ‘‘SEC. 59A. FAIR SHARE TAX. $10,000, such amount shall be rounded to the States pursuant to section 241(a)(4)(B) who ‘‘(a) GENERAL RULE.— next lowest multiple of $10,000. thereafter, without the permission of the ‘‘(1) IMPOSITITION OF TAX.—In the case of ‘‘(d) PAYROLL TAX.—For purposes of this Secretary of Homeland Security, enters, at- any high-income taxpayer, there is hereby section, the payroll tax for any taxable year tempts to enter, or is at any time found in, imposed for a taxable year (in addition to is an amount equal to the excess of— the United States (unless the Secretary of any other tax imposed by this subtitle) a tax ‘‘(1) the taxes imposed on the taxpayer Homeland Security has expressly consented equal to the product of— under sections 1401, 1411, 3101, 3201, and to such alien’s reentry) shall be fined under ‘‘(A) the amount determined under para- 3211(a) (to the extent such tax is attributable title 18, United States Code, imprisoned for graph (2), and to the rate of tax in effect under section 3101) not more than 10 years, or both; and ‘‘(B) a fraction (not to exceed 1)— with respect to such taxable year or wages or ‘‘(D) who has been denied admission, ex- ‘‘(i) the numerator of which is the excess compensation received during such taxable cluded, deported, or removed 3 or more times of— year, over and thereafter enters, attempts to enter, ‘‘(I) the taxpayer’s adjusted gross income, ‘‘(2) the deduction allowable under section crosses the border to, attempts to cross the over 164(f) for such taxable year. border to, or is at any time found in the ‘‘(II) the dollar amount in effect under sub- ‘‘(e) SPECIAL RULE FOR ESTATES AND United States, shall be fined under title 18, section (c)(1), and TRUSTS.—For purposes of this section, in the United States Code, imprisoned not more ‘‘(ii) the denominator of which is the dollar case of an estate or trust, adjusted gross in- than 10 years, or both. amount in effect under subsection (c)(1). come shall be computed in the manner de- ‘‘(2) REMOVAL DEFINED.—In this subsection ‘‘(2) AMOUNT OF TAX.—The amount of tax scribed in section 67(e). and subsection (c), the term ‘removal’ in- determined under this paragraph is an ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS cludes any agreement in which an alien stip- amount equal to the excess (if any) of— CHAPTER FOR CERTAIN PURPOSES.—The tax ulates to removal during (or not during) a ‘‘(A) the tentative fair share tax for the imposed under this section shall not be criminal trial under either Federal or State taxable year, over treated as tax imposed by this chapter for law. ‘‘(B) the excess of— purposes of determining the amount of any ‘‘(c) MANDATORY MINIMUM CRIMINAL PEN- ‘‘(i) the sum of— credit under this chapter (other than the ALTY FOR REENTRY OF CERTAIN REMOVED ‘‘(I) the regular tax liability (as defined in credit allowed under section 27(a)) or for pur- ALIENS.—Notwithstanding the penalties pro- section 26(b)) for the taxable year, deter- poses of section 55.’’. vided in subsections (a) and (b), an alien de- mined without regard to any tax liability de- (b) CLERICAL AMENDMENT.—The table of scribed in subsection (a)— termined under this section, parts for subchapter A of chapter 1 of the In- ‘‘(1) who was convicted before such re- ‘‘(II) the tax imposed by section 55 for the ternal Revenue Code of 1986 is amended by moval or departure of an aggravated felony; taxable year, plus adding at the end the following new item: or ‘‘(III) the payroll tax for the taxable year, ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME ‘‘(2) who was convicted at least two times over TAXPAYERS’’. before such removal or departure of illegal ‘‘(ii) the credits allowable under part IV of reentry under this section; subchapter A (other than sections 27(a), 31, (c) EFFECTIVE DATE.—The amendments shall be imprisoned not less than five years and 34). made by this section shall apply to taxable and not more than 20 years, and may, in ad- ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- years beginning after December 31, 2015. dition, be fined under title 18, United States poses of this section— Code.’’; and ‘‘(1) IN GENERAL.—The tentative fair share SA 2914. Mr. GRASSLEY submitted (3) in subsection (d), as redesignated by tax for the taxable year is 30 percent of the an amendment intended to be proposed paragraph (1)— excess of— to amendment SA 2874 proposed by Mr. (A) by striking ‘‘section 242(h)(2)’’ and in- ‘‘(A) the adjusted gross income of the tax- MCCONNELL to the bill H.R. 3762, to serting ‘‘section 241(a)(4)’’; and payer, over provide for reconciliation pursuant to (B) by striking ‘‘Attorney General’’ and in- ‘‘(B) the modified charitable contribution section 2002 of the concurrent resolu- serting ‘‘Secretary of Homeland Security’’. deduction for the taxable year. (f) SEVERABILITY.—If any provision of this ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION tion on the budget for fiscal year 2016; section or the application of such provision DEDUCTION.—For purposes of paragraph (1)— as follows: to any person or circumstance is held invalid ‘‘(A) IN GENERAL.—The modified charitable At the appropriate place, insert the fol- for any reason, the remainder of this section, contribution deduction for any taxable year lowing: and the application of such provision to is an amount equal to the amount which DIVISION B—PROTECTING COMMUNITIES other persons not similarly situated or to bears the same ratio to the deduction allow- AND PRESERVING THE SECOND AMEND- other circumstances, shall not be affected by able under section 170 (section 642(c) in the MENT such invalidation. case of a trust or estate) for such taxable SECTION 1. SHORT TITLE; TABLE OF CONTENTS. year as— SA 2913. Mr. CARDIN submitted an (a) SHORT TITLE.—This division may be ‘‘(i) the amount of itemized deductions al- cited as the ‘‘Protecting Communities and amendment intended to be proposed to lowable under the regular tax (as defined in amendment SA 2874 proposed by Mr. Preserving the Second Amendment Act of section 55) for such taxable year, determined 2015’’. MCCONNELL to the bill H.R. 3762, to after the application of section 68, bears to (b) TABLE OF CONTENTS.—The table of con- provide for reconciliation pursuant to ‘‘(ii) such amount, determined before the tents for this division is as follows: section 2002 of the concurrent resolu- application of section 68. DIVISION B—PROTECTING COMMUNITIES tion on the budget for fiscal year 2016; ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case AND PRESERVING THE SECOND as follows: of any individual who does not elect to AMENDMENT itemize deductions for the taxable year, the At the appropriate place, insert the fol- Sec. 1. Short title; table of contents. lowing: modified charitable contribution deduction shall be zero. Sec. 2. Definitions. SEC. lll. EXTENSION OF SPECIAL RULE FOR ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes TITLE I—COMBATING GUN CRIME, NICS SENIORS RELATING TO INCOME LEVEL FOR DEDUCTION OF MED- of this section— REAUTHORIZATION, AND NICS IM- ICAL CARE EXPENSES. ‘‘(1) IN GENERAL.—The term ‘high-income PROVEMENT Subsection (f) of section 213 of the Internal taxpayer’ means, with respect to any taxable Sec. 101. Reauthorization and improvements Revenue Code of 1986 is amended to read as year, any taxpayer (other than a corpora- to NICS. follows: tion) with an adjusted gross income for such Sec. 102. Availability of records to NICS. ‘‘(f) SPECIAL RULE.—In the case of any tax- taxable year in excess of $1,000,000 (50 percent Sec. 103. Definitions relating to mental able year beginning after December 31, 2012, of such amount in the case of a married indi- health. and ending before January 1, 2024, subsection vidual who files a separate return). Sec. 104. Clarification that Federal court in- (a) shall be applied with respect to a tax- ‘‘(2) INFLATION ADJUSTMENT.— formation is to be made avail- payer by substituting ‘7.5 percent’ for ‘10 per- ‘‘(A) IN GENERAL.—In the case of a taxable able to the national instant cent’ if such taxpayer or such taxpayer’s year beginning after 2016, the $1,000,000 criminal background check sys- spouse has attained age 65 before the close of amount under paragraph (1) shall be in- tem. such taxable year.’’. creased by an amount equal to— Sec. 105. Reports and certifications to Con- SEC. lll. FAIR SHARE TAX ON HIGH-INCOME ‘‘(i) such dollar amount, multiplied by gress. TAXPAYERS. ‘‘(ii) the cost-of-living adjustment deter- Sec. 106. Increasing Federal prosecution of (a) IN GENERAL.—Subchapter A of chapter 1 mined under section 1(f)(3) for the calendar gun violence. of the Internal Revenue Code of 1986 is year in which the taxable year begins, deter- Sec. 107. Prosecution of felons and fugitives amended by adding at the end the following mined by substituting ‘calendar year 2015’ who attempt to illegally pur- new part: for ‘calendar year 1992’ in subparagraph (B) chase firearms. ‘‘PART VII—FAIR SHARE TAX ON HIGH- thereof. Sec. 108. Limitation on operations by the INCOME TAXPAYERS ‘‘(B) ROUNDING.—If any amount as adjusted Department of Justice. ‘‘Sec. 59A. Fair share tax. under subparagraph (A) is not a multiple of Sec. 109. Straw purchasing of firearms.

VerDate Sep 11 2014 07:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0655 E:\CR\FM\A03DE6.053 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8406 CONGRESSIONAL RECORD — SENATE December 3, 2015

Sec. 110. Increased penalties for lying and ‘‘(2) AUDITS.—Beginning in the first fiscal ‘‘(bb) the person knowingly and intel- buying. year beginning after the date of enactment ligently waived the opportunity for a hear- Sec. 111. Amendments to section 924(a). of this subsection, and in each fiscal year ing— Sec. 112. Amendments to section 924(h). thereafter, the Inspector General of the De- ‘‘(AA) of which the person received actual Sec. 113. Amendments to section 924(k). partment of Justice shall conduct audits of notice; and Sec. 114. Multiple sales reports for rifles and recipients of grants under this section to ‘‘(BB) at which the person would have had shotguns. prevent waste, fraud, and abuse of funds by an opportunity to participate with counsel; Sec. 115. Study by the National Institutes of grantees. The Inspector General shall deter- and Justice and National Academy mine the appropriate number of grantees to ‘‘(II) that found that the person, as a result of Sciences on the causes of be audited each year. of marked subnormal intelligence, mental mass shootings. ‘‘(3) PRIORITY.—In awarding grants under impairment, mental illness, incompetency, Sec. 116. Reports to Congress regarding am- this section, the Attorney General shall give condition, or disease— munition purchases by Federal priority to eligible applicants that did not ‘‘(aa) was a danger to himself or herself or agencies. have an unresolved audit finding during the to others; Sec. 117. Incentives for State compliance 3 fiscal years before submitting an applica- ‘‘(bb) was guilty but mentally ill in a with NICS mental health record tion for a grant under this section.’’. criminal case, in a jurisdiction that provides requirements. (b) MODIFICATION OF ELIGIBILITY REQUIRE- for such a verdict; Sec. 118. Firearm commerce modernization. MENTS.—The NICS Improvement Amend- ‘‘(cc) was not guilty in a criminal case by ments Act of 2007 (18 U.S.C. 922 note) is Sec. 119. Firearm dealer access to law en- reason of insanity or mental disease or de- amended— forcement information. fect; (1) in section 102(b)(1)— Sec. 120. Interstate transportation of fire- ‘‘(dd) was incompetent to stand trial in a arms or ammunition. (A) in subparagraph (A), by striking ‘‘sub- criminal case; paragraph (C)’’ and inserting ‘‘subparagraph TITLE II—MENTAL HEALTH ‘‘(ee) was not guilty by reason of lack of (B)’’; Sec. 201. Reauthorization and additional mental responsibility under section 850a of (B) by striking subparagraph (B); and amendments to the Mentally Ill title 10 (article 50a of the Uniform Code of (C) by redesignating subparagraph (C) as Offender Treatment and Crime Military Justice); subparagraph (B); Reduction Act. ‘‘(ff) required involuntary inpatient treat- (2) in section 103(a)(1), by striking ‘‘and Sec. 202. Additional purposes for Federal ment by a psychiatric hospital for any rea- subject to section 102(b)(1)(B)’’; and grants. son, including substance abuse; or (3) in section 104(d), by striking ‘‘section Sec. 203. Protecting the second amendment 102(b)(1)(C)’’ and inserting ‘‘section ‘‘(gg) required involuntary outpatient rights of veterans. 102(b)(1)(B)’’. treatment by a psychiatric hospital based on Sec. 204. Applicability of amendments. a finding that the person is a danger to him- SEC. 102. AVAILABILITY OF RECORDS TO NICS. TITLE III—SCHOOL SAFETY self or herself or to others; and (a) GUIDANCE.—Not later than 45 days after ‘‘(ii) does not include— Sec. 301. Short title. the date of enactment of this Act, the Attor- Sec. 302. Grant program for school security. ‘‘(I) an admission to a psychiatric hospital ney General shall issue guidance regarding— for observation; or Sec. 303. Applications. (1) the identification and sharing of rel- ‘‘(II) a voluntary admission to a psy- Sec. 304. Authorization of appropriations. evant Federal records; and chiatric hospital. Sec. 305. Accountability. (2) submission of the relevant Federal ‘‘(B) In this paragraph, the term ‘order or Sec. 306. Preventing duplicative grants. records to NICS. finding’ does not include— (b) PRIORITIZATION OF RECORDS.—Each TITLE IV—SANCTUARY CITIES ‘‘(i) an order or finding that has expired, agency that possesses relevant Federal Sec. 401. Stop Sanctuary Policies and Pro- has been set aside, has been expunged, or is records shall prioritize providing the rel- tect Americans. otherwise no longer applicable because a ju- evant information contained in the relevant SEC. 2. DEFINITIONS. dicial officer, court, board, commission, ad- Federal records to NICS on a regular and on- judicative body, or appropriate official has In this division— going basis in accordance with the guidance (1) the term ‘‘agency’’ has the meaning issued by the Attorney General under sub- found that the person who is the subject of given the term in section 551 of title 5, section (a). the order or finding— United States Code; ‘‘(I) does not present a danger to himself or (c) REPORTS.—Not later than 60 days after (2) the term ‘‘NICS’’ means the National the Attorney General issues guidance under herself or to others; Instant Criminal Background Check System; subsection (a), the head of each agency shall ‘‘(II) has been restored to sanity or cured and submit a report to the Attorney General of mental disease or defect; (3) the term ‘‘relevant Federal records’’ that— ‘‘(III) has been restored to competency; or means any record demonstrating that a per- (1) advises whether the agency possesses ‘‘(IV) no longer requires involuntary inpa- son is prohibited from possessing or receiv- relevant Federal records; and tient or outpatient treatment by a psy- ing a firearm under subsection (g) or (n) of (2) describes the implementation plan of chiatric hospital, and the person is not a section 922 of title 18, United States Code. the agency for making the relevant informa- danger to himself, herself, or others; or TITLE I—COMBATING GUN CRIME, NICS tion contained in relevant Federal records ‘‘(ii) an order or finding with respect to REAUTHORIZATION, AND NICS IM- available to NICS in a manner consistent which the person who is subject to the order PROVEMENT with applicable law. or finding has been granted relief from dis- SEC. 101. REAUTHORIZATION AND IMPROVE- (d) DETERMINATION OF RELEVANCE.—The abilities under section 925(c), under a pro- MENTS TO NICS. Attorney General shall resolve any dispute gram described in section 101(c)(2)(A) or 105 (a) IN GENERAL.—Section 103 of the NICS regarding whether— of the NICS Improvement Amendments Act Improvement Amendments Act of 2007 (18 (1) agency records are relevant Federal of 2007 (18 U.S.C. 922 note), or under any U.S.C. 922 note) is amended— records; and other State-authorized relief from disabil- (1) by redesignating subsection (e) as sub- (2) the relevant Federal records of an agen- ities program of the State in which the origi- section (f) and amending such subsection to cy should be made available to NICS. nal commitment or adjudication occurred. read as follows: SEC. 103. DEFINITIONS RELATING TO MENTAL ‘‘(37) The term ‘psychiatric hospital’ in- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— HEALTH. cludes a mental health facility, a mental There are authorized to be appropriated to (a) TITLE 18 DEFINITIONS.—Chapter 44 of hospital, a sanitarium, a psychiatric facility, carry out this section $20,000,000 for each of title 18, United States Code, is amended— and any other facility that provides diag- fiscal years 2013 through 2017.’’; and (1) in section 921(a), by adding at the end noses or treatment by licensed professionals (2) by inserting after subsection (d) the fol- the following: of mental retardation or mental illness, in- lowing: ‘‘(36)(A) Subject to subparagraph (B), the cluding a psychiatric ward in a general hos- ‘‘(e) ACCOUNTABILITY.—All grants awarded term ‘has been adjudicated mentally incom- pital.’’; and by the Attorney General under this section petent or has been committed to a psy- (2) in section 922— shall be subject to the following account- chiatric hospital’, with respect to a person— (A) in subsection (d)(4)— ability provisions: ‘‘(i) means the person is the subject of an (i) by striking ‘‘as a mental defective’’ and ‘‘(1) DEFINITION.—In this subsection, the order or finding by a judicial officer, court, inserting ‘‘mentally incompetent’’; and term ‘unresolved audit finding’ means a find- board, commission, or other adjudicative (ii) by striking ‘‘any mental institution’’ ing in the final audit report of the Inspector body— and inserting ‘‘a psychiatric hospital’’; and General of the Department of Justice that ‘‘(I) that was issued after— (B) in subsection (g)(4)— the audited grantee has utilized grant funds ‘‘(aa) a hearing— (i) by striking ‘‘as a mental defective or for an unauthorized expenditure or otherwise ‘‘(AA) of which the person received actual who has’’ and inserting ‘‘mentally incom- unallowable cost that is not closed or re- notice; and petent or has’’; and solved within 12 months from the date when ‘‘(BB) at which the person had an oppor- (ii) by striking ‘‘mental institution’’ and the final audit report is issued. tunity to participate with counsel; or inserting ‘‘psychiatric hospital’’.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8407

(b) TECHNICAL AND CONFORMING AMEND- (C) corrected, modified, or removed from (F) whether any plea agreement described MENT.—The NICS Improvement Amendments NICS. in subparagraph (E) required that the indi- Act of 2007 (18 U.S.C. 922 note) is amended— (b) CERTIFICATIONS.— vidual plead guilty, to enter a plea of nolo (1) by striking ‘‘as a mental defective’’ (1) IN GENERAL.—The annual report re- contendere, or otherwise caused a court to each place that term appears and inserting quirement in subsection (a) shall not apply enter a conviction against that individual ‘‘mentally incompetent’’; to an agency that, as part of a report re- for a violation of sections 922 and 924, United (2) by striking ‘‘mental institution’’ each quired to be submitted under subsection (a), States Code, and section 5861 of the Internal place that term appears and inserting ‘‘psy- provides certification that the agency has— Revenue Code of 1986; chiatric hospital’’; (A) made available to NICS relevant Fed- (G) in any case described in subparagraph (3) in section 101(c)— eral records that can be shared in a manner (F) in which the plea agreement did not re- (A) in paragraph (1), in the matter pre- consistent with applicable law; quire that the individual plead guilty, enter ceding subparagraph (A), by striking ‘‘to the (B) a plan to make any relevant Federal a plea of nolo contendere, or otherwise cause mental health of a person’’ and inserting ‘‘to records available to NICS and a description a court to enter a conviction against that in- whether a person is mentally incompetent’’; of that plan; and dividual for a violation of sections 922 and and (C) a plan to update, modify, or remove 924, United States Code, and section 5861 of (B) in paragraph (2)— records electronically from NICS not less the Internal Revenue Code of 1986, identifica- (i) in subparagraph (A)(i), by striking ‘‘to than quarterly as required by the NICS Im- tion of the charges to which that individual the mental health of a person’’ and inserting provement Amendments Act of 2007 (18 did plead guilty; ‘‘to whether a person is mentally incom- U.S.C. 922 note) and a description of that (H) in the case of an indictment, informa- petent’’; and plan. tion, or other charge described in subpara- (ii) in subparagraph (B), by striking ‘‘to (2) FREQUENCY.—Each agency that is not graph (C), in which the charging document the mental health of a person’’ and inserting required to submit annual reports under contains a count or counts alleging a viola- ‘‘to whether a person is mentally incom- paragraph (1) shall submit an annual certifi- tion of sections 922 and 924, United States petent’’; and cation to Congress attesting that the agency Code, and section 5861 of the Internal Rev- (4) in section 102(c)(3)— continues to submit relevant Federal records enue Code of 1986, the result of any trial of (A) in the paragraph heading, by striking to NICS and has corrected, modified, or re- such charges (guilty, not guilty, mistrial); moved records available to NICS when the ‘‘AS A MENTAL DEFECTIVE OR COMMITTED TO A (I) in the case of an indictment, informa- basis on which the records were made avail- MENTAL INSTITUTION’’ and inserting ‘‘MEN- tion, or other charge described in subpara- able no longer applies. TALLY INCOMPETENT OR COMMITTED TO A PSY- graph (C), in which the charging document (c) REPORTS TO CONGRESS ON FIREARMS CHIATRIC HOSPITAL’’; and did not contain a count or counts alleging a PROSECUTIONS.— (B) by striking ‘‘mental institutions’’ and violation of sections 922 and 924, United (1) REPORT TO CONGRESS.—Beginning Feb- inserting ‘‘psychiatric hospitals’’. ruary 1, 2014, and on February 1 of each year States Code, and section 5861 of the Internal SEC. 104. CLARIFICATION THAT FEDERAL COURT thereafter through 2023, the Attorney Gen- Revenue Code of 1986, the nature of the other INFORMATION IS TO BE MADE eral shall submit to the Committees on the charges brought and the result of any trial of AVAILABLE TO THE NATIONAL IN- Judiciary and Committees on Appropriations such other charges as have been brought STANT CRIMINAL BACKGROUND of the Senate and the House of Representa- (guilty, not guilty, mistrial); CHECK SYSTEM. tives a report of information gathered under (J) the number of persons who attempted Section 103(e)(1) of the Brady Handgun Vio- this subsection during the fiscal year that to purchase a firearm but were denied be- lence Prevention Act (18 U.S.C. 922 note) is ended on September 30 of the preceding year. cause of a background check conducted in amended by adding at the end the following: (2) SUBJECT OF ANNUAL REPORT.—Not later accordance with section 922(t) of title 18, ‘‘(F) APPLICATION TO FEDERAL COURTS.—In than 90 days after the date of enactment of United States Code; and this paragraph— this Act, the Attorney General shall require (K) the number of prosecutions conducted ‘‘(i) the terms ‘department or agency of the each component of the Department of Jus- in relation to persons described in subpara- United States’ and ‘Federal department or tice, including each United States Attor- graph (J). agency’ include a Federal court; and ney’s Office, to furnish for the purposes of SEC. 106. INCREASING FEDERAL PROSECUTION ‘‘(ii) for purposes of any request, submis- the report described in paragraph (1), infor- OF GUN VIOLENCE. sion, or notification, the Director of the Ad- mation relating to any case presented to the (a) IN GENERAL.—Not later than 90 days ministrative Office of the United States Department of Justice for review or prosecu- after the date of enactment of this Act, the Courts shall perform the functions of the tion, in which the objective facts of the case Attorney General shall establish in jurisdic- head of the department or agency.’’. provide probable cause to believe that there tions specified in subsection (c) a program SEC. 105. REPORTS AND CERTIFICATIONS TO has been a violation of sections 922 and 924, that meets the requirements of subsection CONGRESS. United States Code, and section 5861 of the (b), to be known as the ‘‘Nationwide Project (a) NICS REPORTS.—Not later than October Internal Revenue Code of 1986. Exile Expansion’’. 1, 2013, and every year thereafter, the head of (3) ELEMENTS OF ANNUAL REPORT.—With re- (b) PROGRAM ELEMENTS.—Each program es- each agency that possesses relevant Federal spect to each case described in paragraph (2), tablished under subsection (a) shall, for the records shall submit a report to Congress the report submitted under paragraph (1) jurisdiction concerned— that includes— shall include information indicating— (1) provide for coordination with State and (1) a description of the relevant Federal (A) whether in any such case, a decision local law enforcement officials in the identi- records possessed by the agency that can be has been made not to charge an individual fication of violations of Federal firearms shared with NICS in a manner consistent with a violation of sections 922 and 924, laws; with applicable law; United States Code, and section 5861 of the (2) provide for the establishment of agree- (2) the number of relevant Federal records Internal Revenue Code of 1986, or any other ments with State and local law enforcement the agency submitted to NICS during the re- violation of Federal criminal law; officials for the referral to the Bureau of Al- porting period; (B) in any case described in subparagraph cohol, Tobacco, Firearms, and Explosives (3) efforts made to increase the percentage (A), a description of why no charge was filed and the United States Attorney for prosecu- of relevant Federal records possessed by the under sections 922 and 924, United States tion of persons arrested for violations of sec- agency that are submitted to NICS; Code, and section 5861 of the Internal Rev- tion 922 or section 924 of title 18, United (4) any obstacles to increasing the percent- enue Code of 1986; States Code, or section 5861 of the Internal age of relevant Federal records possessed by (C) whether in any case described in para- Revenue Code of 1986, relating to firearms; the agency that are submitted to NICS; graph (2), an indictment, information, or (3) provide for the establishment of multi- (5) measures put in place to provide notice other charge has been brought against any jurisdictional task forces, coordinated by the and programs for relief from disabilities as person, or the matter is pending; Executive Office of the United States attor- required under the NICS Improvement (D) whether, in the case of an indictment, neys to investigate and prosecute illegal Amendments Act of 2007 (18 U.S.C. 922 note) information, or other charge described in straw purchasing rings that purchase fire- if the agency makes qualifying adjudications subparagraph (C), the charging document arms in one jurisdiction and transfer them relating to the mental health of an indi- contains a count or counts alleging a viola- to another; vidual; tion of sections 922 and 924, United States (4) require that the United States attorney (6) measures put in place to correct, mod- Code, and section 5861 of the Internal Rev- designate not less than 1 assistant United ify, or remove records available to NICS enue Code of 1986; States attorney to prosecute violations of when the basis on which the records were (E) in any case described in subparagraph Federal firearms laws; made available no longer applies; and (D) in which the charging document contains (5) provide for the hiring of agents for the (7) additional steps that will be taken dur- a count or counts alleging a violation of sec- Bureau of Alcohol, Tobacco, Firearms, and ing the 1-year period after the submission of tions 922 and 924, United States Code, and Explosives to investigate violations of the the report to improve the processes by which section 5861 of the Internal Revenue Code of provisions referred to in paragraph (2), relevant Federal records are— 1986, whether a plea agreement of any kind United States Code, relating to firearms; and (A) identified; has been entered into with such charged in- (6) ensure that each person referred to the (B) made available to NICS; and dividual; United States attorney under paragraph (2)

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8408 CONGRESSIONAL RECORD — SENATE December 3, 2015 be charged with a violation of the most seri- the efforts of the Department of Justice to cause to believe that such an individual is ous Federal firearm offense consistent with investigate and prosecute cases of convicted purchasing on behalf of another for an illegal the act committed. felons and fugitives from justice who ille- purpose unless the Attorney General, the (c) COVERED JURISDICTIONS.— gally attempt to purchase a firearm. Deputy Attorney General, or the Assistant (1) IN GENERAL.—Subject to paragraph (2), (2) MEMBERSHIP.—The members of the Task Attorney General for the Criminal Division the jurisdictions specified in this subsection Force shall be— personally reviews and approves the oper- are— (A) the Deputy Attorney General, who ation, in writing, and determines that the (A) the 10 jurisdictions with a population shall serve as the Chairperson of the Task agency has prepared an operational plan that equal to or greater than 100,000 persons that Force; includes sufficient safeguards to prevent had the highest total number of homicides (B) the Assistant Attorney General for the firearms from being transferred to third par- according to the uniform crime report of the Criminal Division; ties without law enforcement taking reason- Federal Bureau of Investigation for the most (C) the Director of the Bureau of Alcohol, able steps to lawfully interdict those fire- recent year available; Tobacco, Firearms, and Explosives; arms. (B) the 5 jurisdictions with such a popu- (D) the Director of the Federal Bureau of SEC. 109. STRAW PURCHASING OF FIREARMS. lation, other than the jurisdictions covered Investigation; and (a) IN GENERAL.—Chapter 44 of title 18, by paragraph (1), with the highest per capita (E) such other officers or employees of the United States Code, is amended by adding at rate of homicide according to the uniform Department of Justice as the Attorney Gen- the end the following: crime report of the Federal Bureau of Inves- eral may designate. ‘‘§ 932. Straw purchasing of firearms tigation for the most recent year available; (3) DUTIES.—The Task Force shall— ‘‘(a) DEFINITIONS.—For purposes of this sec- and (A) provide direction for the investigation tion— (C) the 3 tribal jurisdictions that have the and prosecution of cases of convicted felons ‘‘(1) the term ‘crime of violence’ has the highest homicide crime rates, as determined and fugitives from justice attempting to ille- meaning given that term in section 924(c)(3); by the Attorney General. gally purchase a firearm; and ‘‘(2) the term ‘drug trafficking crime’ has (2) LIMITATION.—The 15 jurisdictions de- (B) provide recommendations to the Attor- the meaning given that term in section scribed in subparagraphs (A) and (B) shall ney General relating to— 924(c)(2); and not include any jurisdiction other than those (i) the allocation and reallocation of re- ‘‘(3) the term ‘Federal crime of terrorism’ within the 50 States. sources of the Department of Justice for in- has the meaning given that term in section (d) ANNUAL REPORTS.—Not later than 1 vestigation and prosecution of cases of con- 2332b(g). year after the date of enactment of this Act, victed felons and fugitives from justice at- ‘‘(b) OFFENSE.—It shall be unlawful for any an annually thereafter, the Attorney Gen- tempting to illegally purchase a firearm; person to— eral shall submit to the Committee on the (ii) enhancing cooperation among agencies ‘‘(1) purchase or otherwise obtain a fire- Judiciary of the Senate and the Committee and entities of the Federal Government in arm, which has been shipped, transported, or on the Judiciary of the House of Representa- the investigation and prosecution of cases of received in interstate or foreign commerce, tives a report containing the following infor- convicted felons and fugitives from justice for or on behalf of any other person who the mation: attempting to illegally purchase a firearm; person purchasing or otherwise obtaining the (1) The number of individuals indicted for (iii) enhancing cooperation among Federal, firearm knows— such violations of Federal firearms laws dur- State, and local authorities responsible for ‘‘(A) is prohibited from possessing or re- ing that year by reason of the program. the investigation and prosecution of cases of ceiving a firearm under subsection (g) or (n) (2) The increase or decrease in the number convicted felons and fugitives from justice of section 922; of individuals indicted for such violations of attempting to illegally purchase a firearm; ‘‘(B) intends to use, carry, possess, or sell Federal firearms laws during that year by and or otherwise dispose of the firearm in fur- reason of the program when compared with (iv) changes in rules, regulations, or policy therance of a crime of violence, a drug traf- the year preceding that year. to improve the effective investigation and ficking crime, or a Federal crime of ter- (3) The number of individuals held without prosecution of cases of convicted felons and rorism; bond in anticipation of prosecution by rea- fugitives from justice attempting to illegally ‘‘(C) intends to engage in conduct that son of the program. purchase a firearm. would constitute a crime of violence, a drug (4) To the extent the information is avail- (4) MEETINGS.—The Task Force shall meet trafficking crime, or a Federal crime of ter- able, the average length of prison sentence of not less than once a year. rorism if the conduct had occurred within the individuals convicted of violations of (5) TERMINATION.—The Task Force shall the United States; or Federal firearms laws by reason of the pro- terminate on the date that is 5 years after ‘‘(D) is not a resident of any State and is gram. the date of enactment of this Act. not a citizen or lawful permanent resident of (5) The number of multi-jurisdiction task (b) AUTHORIZATION FOR USE OF FUNDS.— the United States; or forces established and the number of individ- Section 524(c)(1) of title 28, United States ‘‘(2) willfully procure another to engage in uals arrested, indicted, convicted or acquit- Code, is amended— conduct described in paragraph (1). ted of charges for violations of the specific (1) in subparagraph (H), by striking ‘‘and’’ ‘‘(c) PENALTY.—Any person who violates crimes listed in subsection (b)(2). at the end; subsection (b) shall be fined under this title, (e) AUTHORIZATION OF APPROPRIATIONS.— (2) in subparagraph (I), by striking the pe- imprisoned not more than 15 years, or both. (1) IN GENERAL.—There are authorized to be riod at the end and inserting ‘‘; and’’; and ‘‘§ 933. Trafficking in firearms appropriated to carry out the program under (3) by inserting after subparagraph (I) the ‘‘(a) DEFINITIONS.—For purposes of this sec- this section $15,000,000 for each of fiscal years following: tion— 2014, 2015, and 2016, which shall be used for ‘‘(J) the investigation and prosecution of ‘‘(1) the term ‘crime of violence’ has the salaries and expenses of assistant United cases of convicted felons and fugitives from meaning given that term in section 924(c)(3); States attorneys and Bureau of Alcohol, To- justice who illegally attempt to purchase a ‘‘(2) the term ‘drug trafficking crime’ has bacco, Firearms, and Explosives agents. firearm, in accordance with section 107 of the the meaning given that term in section (2) USE OF FUNDS.— Protecting Communities and Preserving the 924(c)(2); and (A) ASSISTANT UNITED STATES ATTORNEYS.— Second Amendment Act of 2015, provided ‘‘(3) the term ‘Federal crime of terrorism’ The assistant United States attorneys hired that— has the meaning given that term in section using amounts authorized to be appropriated ‘‘(i) not more than $10,000,000 shall be 2332b(g). under paragraph (1) shall prosecute viola- available to the Attorney General for each of ‘‘(b) OFFENSE.—It shall be unlawful for any tions of Federal firearms laws in accordance fiscal years 2014 through 2018 under this sub- person to— with subsection (b)(2). paragraph; and ‘‘(1) ship, transport, transfer, or otherwise (B) ATF AGENTS.—The Bureau of Alcohol, ‘‘(ii) not more than 5 percent of the dispose of 2 or more firearms to another per- Tobacco, Firearms, and Explosives agents amounts made available under this subpara- son in or otherwise affecting interstate or hired using amounts authorized to be appro- graph may be used for the administrative foreign commerce, if the transferor knows priated under paragraph (1) shall, to the costs of the task force established under sec- that the use, carrying, or possession of a maximum extent practicable, concentrate tion 107 of the Protecting Communities and firearm by the transferee would violate sub- their investigations on violations of Federal Preserving the Second Amendment Act of section (g) or (n) of section 922, or constitute firearms laws in accordance with subsection 2015.’’. a crime of violence, a drug trafficking crime, (b)(2). SEC. 108. LIMITATION ON OPERATIONS BY THE or a Federal crime of terrorism; SEC. 107. PROSECUTION OF FELONS AND FUGI- DEPARTMENT OF JUSTICE. ‘‘(2) receive from another person 2 or more TIVES WHO ATTEMPT TO ILLEGALLY The Department of Justice, and any of its firearms in or otherwise affecting interstate PURCHASE FIREARMS. law enforcement coordinate agencies, shall or foreign commerce, if the recipient— (a) TASKFORCE.— not conduct any operation where a Federal ‘‘(A) knows that such receipt would violate (1) ESTABLISHMENT.—There is established a firearms licensee is directed, instructed, en- subsection (g) or (n) of section 922; or task force within the Department of Justice, ticed, or otherwise encouraged by the De- ‘‘(B) intends to use the firearm in further- which shall be known as the Felon and Fugi- partment of Justice to sell a firearm to an ance of a crime of violence, a drug traf- tive Firearm Task Force (referred to in this individual if the Department of Justice, or a ficking crime, or a Federal crime of ter- section as the ‘‘Task Force’’), to strengthen coordinate agency, knows or has reasonable rorism; or

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8409 ‘‘(3) attempt or conspire to commit the SEC. 113. AMENDMENTS TO SECTION 924(k). (4) the extent to which perpetrators of conduct described in paragraph (1) or (2). Section 924 of title 18, United States Code, mass shootings, either alleged, convicted, de- ‘‘(c) PENALTIES.— is amended by striking subsection (k) and in- ceased, or otherwise, played violent or adult- ‘‘(1) IN GENERAL.—Any person who violates serting the following: themed video games and whether the per- subsection (b) shall be fined under this title, ‘‘(k)(1) A person who, with intent to engage petrators of mass shootings discussed, imprisoned not more than 15 years, or both. in or promote conduct that— planned, or used violent or adult-themed ‘‘(2) ORGANIZER.—If a violation of sub- ‘‘(A) is punishable under the Controlled video games in preparation of or to assist in section (b) is committed by a person acting Substances Act (21 U.S.C. 801 et seq.), the carrying out their violent actions; in concert with other persons as an orga- Controlled Substances Import and Export (5) familial relationships, including the nizer, leader, supervisor, or manager, the Act (21 U.S.C. 951 et seq.), or chapter 705 of level of involvement and awareness of par- person shall be fined under this title, impris- title 46; ents; oned not more than 20 years, or both.’’. ‘‘(B) violates any law of a State relating to (6) exposure to bullying; and (b) TECHNICAL AND CONFORMING AMEND- any controlled substance (as defined in sec- (7) the extent to which perpetrators of MENT.—The table of sections for chapter 44 of tion 102 of the Controlled Substances Act, 21 mass shootings were acting in a ‘‘copycat’’ title 18, United States Code, is amended by U.S.C. 802); manner based upon previous violent events. inserting after the item relating to section ‘‘(C) constitutes a crime of violence (as de- SEC. 116. REPORTS TO CONGRESS REGARDING 931 the following: fined in subsection (c)(3)); or AMMUNITION PURCHASES BY FED- ‘‘(D) constitutes a Federal crime of ter- ERAL AGENCIES. ‘‘932. Straw purchasing of firearms. rorism (as defined in section 2332b(g)), Not later than 1 year after the date of en- ‘‘933. Trafficking in firearms.’’. smuggles or knowingly brings into the actment of this Act, the Director of the Of- (c) DIRECTIVE TO THE SENTENCING COMMIS- United States, a firearm or ammunition, or fice of Management and Budget, shall report SION.—Pursuant to its authority under sec- attempts or conspires to do so, shall be im- to the Speaker of the House of Representa- tion 994 of title 28, United States Code, and prisoned not more than 15 years, fined under tives, the President Pro Tempore of the Sen- in accordance with this section, the United this title, or both. ate, and the Chairmen and Ranking Members States Sentencing Commission shall review ‘‘(2) A person who, with intent to engage in of the House and Senate Committee on Ap- and amend its guidelines and policy state- or to promote conduct that— propriations and the Committee on the Judi- ments to ensure that persons convicted of an ‘‘(A) would be punishable under the Con- ciary, the House Committee on Homeland offense under section 932 or 933 of title 18, trolled Substances Act (21 U.S.C. 801 et seq.), Security, the Senate Committee on Home- United States Code, and other offenses appli- the Controlled Substances Import and Ex- land Security and Government Affairs, and cable to the straw purchases and firearms port Act (21 U.S.C. 951 et seq.), or chapter 705 the House Committee on Government Re- trafficking of firearms are subject to in- of title 46, if the conduct had occurred within form and Oversight, a report including— creased penalties in comparison to those cur- the United States; or (1) details of all purchases of ammunition rently provided by the guidelines and policy ‘‘(B) would constitute a crime of violence by each Federal agency; statements for such straw purchasing and (as defined in subsection (c)(3)) or a Federal (2) a summary of all purchases, solicita- firearms trafficking offenses. In its review, crime of terrorism (as defined in section tions, and expenditures on ammunition by the Commission shall consider, in particular, 2332b(g)) for which the person may be pros- each Federal agency; an appropriate amendment to reflect the in- ecuted in a court of the United States, if the (3) a summary of all the rounds of ammuni- tent of Congress that straw purchasers with- conduct had occurred within the United tion expended by each Federal agency and a out significant criminal histories receive States, current listing of stockpiled ammunition for sentences that are sufficient to deter partici- smuggles or knowingly takes out of the each Federal agency; and pation in such activities. The Commission United States, a firearm or ammunition, or (4) an estimate of future ammunition needs shall also review and amend its guidelines attempts or conspires to do so, shall be im- and purchases for each Federal agency for and policy statements to reflect the intent of prisoned not more than 15 years, fined under the next fiscal year. Congress that a person convicted of an of- this title, or both.’’. SEC. 117. INCENTIVES FOR STATE COMPLIANCE fense under section 932 or 933 of title 18, SEC. 114. MULTIPLE SALES REPORTS FOR RIFLES WITH NICS MENTAL HEALTH United States Code, who is affiliated with a AND SHOTGUNS. RECORD REQUIREMENTS. gang, cartel, organized crime ring, or other Section 923(g)(5) of title 18, United States Section 104(b) of the NICS Improvement such enterprise should be subject to higher Code, is amended by adding at the end the Amendments Act of 2007 (18 U.S.C. 922 note) penalties than an otherwise unaffiliated in- following: is amended— dividual. ‘‘(C) The Attorney General may not re- (1) by striking paragraphs (1) and (2); (2) by redesignating paragraph (3) as para- SEC. 110. INCREASED PENALTIES FOR LYING AND quire a licensee to submit ongoing or peri- BUYING. odic reporting of the sale or other disposi- graph (2); (3) in paragraph (2), as redesignated, by Section 924(a)(1) of title 18, United States tion of 2 or more rifles or shotguns during a striking ‘‘of paragraph (2)’’ and inserting ‘‘of Code, is amended in the undesignated matter specified period of time.’’. paragraph (1)’’; and following subparagraph (D) by striking ‘‘five SEC. 115. STUDY BY THE NATIONAL INSTITUTES (4) by inserting before paragraph (2), as re- years’’ and inserting the following: ‘‘5 years OF JUSTICE AND NATIONAL ACAD- designated, the following: (or, in the case of a violation under subpara- EMY OF SCIENCES ON THE CAUSES ‘‘(1) INCENTIVES FOR PROVIDING MENTAL graph (A), not more than 10 years)’’. OF MASS SHOOTINGS. (a) IN GENERAL.— HEALTH RECORDS AND FIXING THE BACKGROUND SEC. 111. AMENDMENTS TO SECTION 924(a). (1) STUDY.—Not later than 90 days after the CHECK SYSTEM.— Section 924(a) of title 18, United States date of enactment of this Act, the Attorney ‘‘(A) DEFINITION OF COMPLIANT STATE.—In Code, is amended— General shall instruct the Director of the this paragraph, the term ‘compliant State’ (1) in paragraph (2), by striking ‘‘(d), (g),’’; National Institutes of Justice, to conduct a means a State that has— and peer-reviewed study to examine various ‘‘(i) provided not less than 90 percent of the (2) by adding at the end the following: sources and causes of mass shootings includ- records required to be provided under sec- ‘‘(8) Whoever knowingly violates sub- ing psychological factors, the impact of vio- tions 102 and 103; or section (d), (g), or (n) of section 922 shall be lent video games, and other factors. The Di- ‘‘(ii) in effect a statute that— fined under this title, imprisoned not more rector shall enter into a contract with the ‘‘(I) requires the State to provide the than 15 years, or both.’’. National Academy of Sciences to conduct records required to be provided under sec- SEC. 112. AMENDMENTS TO SECTION 924(h). this study jointly with an independent panel tions 102 and 103; and Section 924 of title 18, United States Code, of 5 experts appointed by the Academy. ‘‘(II) implements a relief from disabilities is amended by striking subsection (h) and in- (2) REPORT.—Not later than 1 year after program in accordance with section 105. serting the following: the date on which the study required under ‘‘(B) INCENTIVES FOR COMPLIANCE.—During ‘‘(h) Whoever knowingly receives or trans- paragraph (1) begins, the Directors shall sub- the period beginning on the date that is 18 fers a firearm or ammunition, or attempts or mit to Congress a report detailing the find- months after the enactment of the Pro- conspires to do so, knowing that such fire- ings of the study. tecting Communities and Preserving the arm or ammunition will be used to commit a (b) ISSUES EXAMINED.—The study con- Second Amendment Act of 2015 and ending crime of violence (as defined in subsection ducted under subsection (a)(1) shall exam- on the date that is 5 years after the date of (c)(3)), a drug trafficking crime (as defined in ine— enactment of such Act, the Attorney Gen- subsection (c)(2)), a Federal crime of ter- (1) mental illness; eral— rorism (as defined in section 2332b(g)), or a (2) the availability of mental health and ‘‘(i) shall use funds appropriated to carry crime under the Arms Export Control Act (22 other resources and strategies to help fami- out section 103 of this Act, the excess unobli- U.S.C. 2751 et seq.), the International Emer- lies detect and counter tendencies toward vi- gated balances of the Department of Justice gency Economic Powers Act (50 U.S.C. 1701 olence; and funds withheld under clause (ii), or any et seq.), or the Foreign Narcotics Kingpin (3) the availability of mental health and combination thereof, to increase the Designation Act (21 U.S.C. 1901 et seq.), shall other resources at schools to help detect and amounts available under section 505 of title be imprisoned not more than 15 years, fined counter tendencies of students towards vio- I of the Omnibus Crime Control and Safe in accordance with this title, or both.’’. lence; Streets Act of 1968 (42 U.S.C. 3755) for each

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8410 CONGRESSIONAL RECORD — SENATE December 3, 2015

compliant State in an amount that is not States for a period of more than 1 year, and (1) STATUTORY CONSTRUCTION.—Nothing in less than 2 percent nor more than 5 percent a spouse of such an officer or employee, is a this section or the amendments made by this of the amount that was allocated to such resident of the State in which the person section shall be construed— State under such section 505 in the previous maintains legal residence.’’. (A) to create a cause of action against any person licensed as an importer, manufac- fiscal year; and SEC. 119. FIREARM DEALER ACCESS TO LAW EN- ‘‘(ii) may withhold an amount not to ex- FORCEMENT INFORMATION. turer, or dealer of firearms under chapter 44 ceed the amount described in clause (i) that of title 18, United States Code or any other would otherwise be allocated to a State (a) IN GENERAL.—Section 103(b) of the person for any civil liability; or under any section of the Omnibus Crime Brady Handgun Violence Prevention Act (18 (B) to establish any standard of care. Control and Safe Streets Act of 1968 (42 U.S.C. 922 note), is amended— (2) EVIDENCE.—Notwithstanding any other U.S.C. 3711 et seq.) if the State— (1) by striking ‘‘Not later than’’ and insert- provision of law, evidence regarding the use ‘‘(I) is not a compliant State; and ing the following: or non-use by a person licensed as an im- ‘‘(II) does not submit an assurance to the ‘‘(1) IN GENERAL.—Not later than’’; and porter, manufacturer, or dealer of firearms Attorney General that— (2) by adding at the end the following: under chapter 44 of title 18, United States ‘‘(aa) an amount that is not less than the ‘‘(2) VOLUNTARY BACKGROUND CHECKS.— Code of the systems, information, or records amount described in clause (i) will be used ‘‘(A) IN GENERAL.—Not later than 90 days made available under this section or the solely for the purpose of enabling the State after the date of enactment of the Protecting amendments made by this section shall not to become a compliant State; or Communities and Preserving the Second be admissible as evidence in any proceeding ‘‘(bb) the State will hold in abeyance an Amendment Act of 2015, the Attorney Gen- of any court, agency, board, or other entity. amount that is not less than the amount de- eral shall promulgate regulations allowing SEC. 120. INTERSTATE TRANSPORTATION OF scribed in clause (i) until such State has be- licensees to use the national instant crimi- FIREARMS OR AMMUNITION. come a compliant State. nal background check system established (a) IN GENERAL.—Section 926A of title 18, under this section for purposes of conducting ‘‘(C) REGULATIONS.—Not later than 180 days United States Code, is amended to read as after the enactment of the Protecting Com- voluntary, no fee employment background follows: munities and Preserving the Second Amend- checks on current or prospective employees. ‘‘§ 926A. Interstate transportation of firearms ment Act of 2015, the Attorney General shall ‘‘(B) NOTICE.—Before conducting an em- or ammunition ployment background check relating to an issue regulations implementing this para- ‘‘(a) DEFINITION.—In this section, the term graph.’’. individual under subparagraph (A), a licensee ‘transport’ includes staying in temporary shall— SEC. 118. FIREARM COMMERCE MODERNIZATION. lodging overnight, stopping for food, fuel, ve- ‘‘(i) provide written notice to the indi- hicle maintenance, an emergency, medical (a) FIREARMS DISPOSITIONS.—Section vidual that the licensee intends to conduct 922(b)(3) of title 18, United States Code, is treatment, and any other activity incidental the background check; and to the transport. amended— ‘‘(ii) obtain consent to conduct the back- ‘‘(b) AUTHORIZATION.—Notwithstanding any (1) in the matter preceding subparagraph ground check from the individual in writing. provision of any law (including a rule or reg- (A), by striking ‘‘located’’ and inserting ‘‘lo- ‘‘(C) EXEMPTION.—An employment back- ulation) of a State or any political subdivi- cated or temporarily located’’; and ground check conducted by a licensee under sion thereof, a person who is not prohibited (2) in subparagraph (A)— subparagraph (A) shall not governed by the by this chapter from possessing, trans- (A) by striking ‘‘rifle or shotgun’’ and in- Fair Credit Reporting Act (15 U.S.C. 1681 et porting, shipping, or receiving a firearm or serting ‘‘firearm’’; seq.). ammunition shall be entitled to— (B) by striking ‘‘located’’ and inserting ‘‘(D) APPEAL.—Any individual who is the ‘‘(1) transport a firearm for any lawful pur- ‘‘located or temporarily located’’; and subject of an employment background check pose from any place where the person may (C) by striking ‘‘both such States’’ and in- conducted by a licensee under subparagraph lawfully possess, carry, or transport the fire- serting ‘‘the State in which the transfer is (A) the result of which indicates that the in- arm to any other such place if, during the conducted and the State of residence of the dividual is a prohibited from possessing a transportation— transferee’’. firearm or ammunition pursuant to sub- ‘‘(A) the firearm is unloaded; and (b) DEALER LOCATION.—Section 923 of title section (g) or (n) of section 922 of title 18, ‘‘(B)(i) if the transportation is by motor 18, United States Code, is amended— United States Code, may appeal the results vehicle— (1) in subsection (j)— of the background check in the same manner ‘‘(I) the firearm is not directly accessible (A) in the first sentence, by striking ‘‘, and and to the same extent as if the individual from the passenger compartment of the such location is in the State which is speci- had been the subject of a background check motor vehicle; or fied on the license’’; and relating to the transfer of a firearm.’’. ‘‘(II) if the motor vehicle is without a com- (B) in the last sentence— partment separate from the passenger com- (b) ACQUISITION, PRESERVATION, AND EX- (i) by inserting ‘‘transfer,’’ after ‘‘sell,’’; partment, the firearm is— CHANGE OF IDENTIFICATION RECORDS AND IN- and ‘‘(aa) in a locked container other than the FORMATION.—Section 534 of title 28, United (ii) by striking ‘‘Act,’’ and all that follows glove compartment or console; or States Code, is amended— and inserting ‘‘Act.’’; and ‘‘(bb) secured by a secure gun storage or (1) in subsection (a)— (2) by adding at the end the following: safety device; or (A) in paragraph (3), by striking ‘‘and’’ at ‘‘(m) Nothing in this chapter shall be con- ‘‘(ii) if the transportation is by other the end; strued to prohibit the sale, transfer, deliv- means, the firearm is in a locked container (B) in paragraph (4), by striking the period ery, or other disposition of a firearm or am- or secured by a secure gun storage or safety at the end and inserting ‘‘; and’’; and munition— device; and (C) by inserting after paragraph (4) the fol- ‘‘(1) by a person licensed under this chapter ‘‘(2) transport ammunition for any lawful lowing: to another person so licensed, at any loca- purpose from any place where the person ‘‘(5) provide a person licensed as an im- tion in any State; or may lawfully possess, carry, or transport the porter, manufacturer, or dealer of firearms ‘‘(2) by a licensed importer, licensed manu- ammunition, to any other such place if, dur- under chapter 44 of title 18 with information facturer, or licensed dealer to a person not ing the transportation— necessary to verify whether firearms offered licensed under this chapter, at a temporary ‘‘(A) the ammunition is not loaded into a for sale to such licensees have been stolen.’’; location described in subsection (j) in any firearm; and and State.’’. ‘‘(B)(i) if the transportation is by motor (2) in subsection (b), by inserting ‘‘, except (c) RESIDENCE OF UNITED STATES OFFI- vehicle— for dissemination authorized under sub- CERS.—Section 921 of title 18, United States ‘‘(I) the ammunition is not directly acces- section (a)(5) of this section’’ before the pe- Code, is amended by striking subsection (b) sible from the passenger compartment of the riod. and inserting the following: motor vehicle; or ‘‘(b) For purposes of this chapter: (c) REGULATIONS.—Not later than 90 days ‘‘(II) if the motor vehicle is without a com- ‘‘(1) A member of the Armed Forces on ac- after the date of enactment of this Act, and partment separate from the passenger com- tive duty, or a spouse of such a member, is a without regard to chapter 5 of title 5, United partment, the ammunition is in a locked resident of— States Code, the Attorney General shall pro- container other than the glove compartment ‘‘(A) the State in which the member or mulgate regulations allowing a person li- or console; or spouse maintains legal residence; censed as an importer, manufacturer, or ‘‘(ii) if the transportation is by other ‘‘(B) the State in which the permanent dealer of firearms under chapter 44 of title means, the ammunition is in a locked con- duty station of the member is located; and 18, United States Code, to receive access to tainer. ‘‘(C) the State in which the member main- records of stolen firearms maintained by the ‘‘(c) STATE LAW.— tains a place of abode from which the mem- National Crime Information Center operated ‘‘(1) ARREST AUTHORITY.—A person who is ber commutes each day to the permanent by the Federal Bureau of Investigation, sole- transporting a firearm or ammunition may duty station of the member. ly for the purpose of voluntarily verifying not be— ‘‘(2) An officer or employee of the United whether firearms offered for sale to such li- ‘‘(A) arrested for violation of any law or States (other than a member of the Armed censees have been stolen. any rule or regulation of a State, or any po- Forces) who is stationed outside the United (d) STATUTORY CONSTRUCTION; EVIDENCE.— litical subdivision thereof, relating to the

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8411 possession, transportation, or carrying of ‘‘(ii) the criminal history of the defendant connect qualified veterans with other vet- firearms or ammunition, unless there is and the nature and severity of the offense for erans for the purpose of providing support probable cause to believe that the transpor- which the defendant is charged; and mentorship to assist qualified veterans tation is not in accordance with subsection ‘‘(iii) the views of any relevant victims to in obtaining treatment, recovery, stabiliza- (b); or the offense; tion, or rehabilitation. ‘‘(B) detained for violation of any law or ‘‘(iv) the extent to which the defendant ‘‘(B) QUALIFIED VETERAN.—The term ‘quali- any rule or regulation of a State, or any po- would benefit from participation in the pro- fied veteran’ means a preliminarily qualified litical subdivision thereof, relating to the gram; offender who— possession, transportation, or carrying of ‘‘(v) the extent to which the community ‘‘(i) has served on active duty in any firearms or ammunition, unless there is rea- would realize cost savings because of the de- branch of the Armed Forces, including the sonable suspicion that the transportation is fendant’s participation in the program; and National Guard and reserve components; and not in accordance with subsection (b). ‘‘(vi) whether the defendant satisfies the ‘‘(ii) was discharged or released from such ‘‘(2) PROSECUTION.— eligibility criteria for program participation service under conditions other than dishon- ‘‘(A) BURDEN OF PROOF.—If a person asserts unanimously established by the relevant orable. this section as a defense in a criminal pro- prosecuting attorney, defense attorney, pro- ‘‘(C) VETERANS TREATMENT COURT PRO- ceeding, the government shall bear the bur- bation or corrections official, judge and men- GRAM.—The term ‘veterans treatment court den of proving, beyond a reasonable doubt, tal health or substance abuse agency rep- program’ means a court program involving that the conduct of the person was not in ac- resentative.’’. collaboration among criminal justice, vet- cordance with subsection (b). (2) TECHNICAL AND CONFORMING AMEND- erans, and mental health and substance ‘‘(B) PREVAILING DEFENDANT.—If a person MENT.—Section 2927(2) of the Omnibus Crime abuse agencies that provides qualified vet- successfully asserts this section as a defense Control and Safe Streets Act of 1968 (42 erans with— in a criminal proceeding, the court shall U.S.C. 3797s–6(2)) is amended by striking ‘‘(i) intensive judicial supervision and case award the prevailing defendant reasonable ‘‘has the meaning given that term in section management, which may include random and attorney’s fees.’’. 2991(a).’’ and inserting ‘‘means an offense frequent drug testing where appropriate; (b) TECHNICAL AND CONFORMING AMEND- that— ‘‘(ii) a full continuum of treatment serv- MENT.—The table of sections for chapter 44 of ‘‘(A) does not have as an element the use, ices, including mental health services, sub- title 18, United States Code, is amended by attempted use, or threatened use of physical stance abuse services, medical services, and striking the item relating to section 926A force against the person or property of an- services to address trauma; and inserting the following: other; or ‘‘(iii) alternatives to incarceration; and ‘‘926A. Interstate transportation of firearms or ‘‘(B) is not a felony that by its nature in- ‘‘(iv) other appropriate services, including ammunition.’’. volves a substantial risk that physical force housing, transportation, mentoring, employ- TITLE II—MENTAL HEALTH against the person or property of another ment, job training, education, and assistance in applying for and obtaining available bene- SEC. 201. REAUTHORIZATION AND ADDITIONAL may be used in the course of committing the AMENDMENTS TO THE MENTALLY offense.’’. fits. ILL OFFENDER TREATMENT AND (b) EVIDENCE BASED PRACTICES.—Section ‘‘(2) VETERANS ASSISTANCE PROGRAM.— CRIME REDUCTION ACT. 2991(c) of title I of the Omnibus Crime Con- ‘‘(A) IN GENERAL.—The Attorney General, (a) SAFE COMMUNITIES.— trol and Safe Streets Act of 1968 (42 U.S.C. in consultation with the Secretary of Vet- (1) IN GENERAL.—Section 2991(a) of the Om- 3797aa(c)) is amended— erans Affairs, may award grants under this nibus Crime Control and Safe Streets Act of (1) in paragraph (3), by striking ‘‘or’’ at the subsection to applicants to establish or ex- 1968 (42 U.S.C. 3797aa(a)) is amended— end; pand— (A) in paragraph (7)— (2) by redesignating paragraph (4) as para- ‘‘(i) veterans treatment court programs; (i) in the heading, by striking ‘‘MENTAL graph (6); and ‘‘(ii) peer to peer services or programs for ILLNESS’’ and inserting ‘‘MENTAL ILLNESS; (3) by inserting after paragraph (3) the fol- qualified veterans; MENTAL HEALTH DISORDER’’; and lowing: ‘‘(iii) practices that identify and provide (ii) by striking ‘‘term ‘mental illness’ ‘‘(4) propose interventions that have been treatment, rehabilitation, legal, transi- means’’ and inserting ‘‘terms ‘mental illness’ shown by empirical evidence to reduce re- tional, and other appropriate services to and ‘mental health disorder’ mean’’; and cidivism; qualified veterans who have been incarcer- (B) by striking paragraph (9) and inserting ‘‘(5) when appropriate, use validated as- ated; and the following: sessment tools to target preliminarily quali- ‘‘(iv) training programs to teach criminal ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.— fied offenders with a moderate or high risk of justice, law enforcement, corrections, men- ‘‘(A) IN GENERAL.—The term ‘preliminarily recidivism and a need for treatment and tal health, and substance abuse personnel qualified offender’ means an adult or juve- services; or’’. how to identify and appropriately respond to nile accused of an offense who— (c) ACADEMY TRAINING.—Section 2991(h) of incidents involving qualified veterans. ‘‘(i)(I) previously or currently has been di- title I of the Omnibus Crime Control and ‘‘(B) PRIORITY.—In awarding grants under agnosed by a qualified mental health profes- Safe Streets Act of 1968 (42 U.S.C. 3797aa(h)) this subsection, the Attorney General shall sional as having a mental illness or co-occur- is amended— give priority to applications that— ring mental illness and substance abuse dis- (1) in paragraph (1), by adding at the end ‘‘(i) demonstrate collaboration between orders; the following: and joint investments by criminal justice, ‘‘(II) manifests obvious signs of mental ill- ‘‘(F) ACADEMY TRAINING.—To provide sup- mental health, substance abuse, and vet- ness or co-occurring mental illness and sub- port for academy curricula, law enforcement erans service agencies; stance abuse disorders during arrest or con- officer orientation programs, continuing ‘‘(ii) promote effective strategies to iden- finement or before any court; or education training, and other programs that tify and reduce the risk of harm to qualified ‘‘(III) in the case of a veterans treatment teach law enforcement personnel how to veterans and public safety; and court provided under subsection (i), has been identify and respond to incidents involving ‘‘(iii) propose interventions with empirical diagnosed with, or manifests obvious signs persons with mental health disorders or co- support to improve outcomes for qualified of, mental illness or a substance abuse dis- occurring mental health and substance abuse veterans.’’. order or co-occurring mental illness and sub- disorders.’’; and (e) CORRECTIONAL FACILITIES; HIGH UTI- stance abuse disorder; and (2) by adding at the end the following: LIZERS.—Section 2991 of the Omnibus Crime ‘‘(ii) has been unanimously approved for ‘‘(4) PRIORITY CONSIDERATION.—The Attor- Control and Safe Streets Act of 1968 (42 participation in a program funded under this ney General, in awarding grants under this U.S.C. 3797aa) is amended by inserting after section by, when appropriate, the relevant— subsection, shall give priority to programs subsection (i), as so added by subsection (d), ‘‘(I) prosecuting attorney; that law enforcement personnel and mem- the following: ‘‘(II) defense attorney; bers of the mental health and substance ‘‘(j) CORRECTIONAL FACILITIES.— ‘‘(III) probation or corrections official; abuse professions develop and administer co- ‘‘(1) DEFINITIONS.— ‘‘(IV) judge; and operatively.’’. ‘‘(A) CORRECTIONAL FACILITY.—The term ‘‘(V) a representative from the relevant (d) ASSISTING VETERANS.— ‘correctional facility’ means a jail, prison, or mental health agency described in sub- Section 2991 of the Omnibus Crime Control other detention facility used to house people section (b)(5)(B)(i). and Safe Streets Act of 1968 (42 U.S.C. 3797aa) who have been arrested, detained, held, or ‘‘(B) DETERMINATION.—In determining is amended— convicted by a criminal justice agency or a whether to designate a defendant as a pre- (A) by redesignating subsection (i) as sub- court. liminarily qualified offender, the relevant section (n); and ‘‘(B) ELIGIBLE INMATE.—The term ‘eligible prosecuting attorney, defense attorney, pro- (B) by inserting after subsection (h) the inmate’ means an individual who— bation or corrections official, judge, and following: ‘‘(i) is being held, detained, or incarcerated mental health or substance abuse agency ‘‘(i) ASSISTING VETERANS.— in a correctional facility; and representative shall take into account— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(ii) manifests obvious signs of a mental ‘‘(i) whether the participation of the de- ‘‘(A) PEER TO PEER SERVICES OR PRO- illness or has been diagnosed by a qualified fendant in the program would pose a sub- GRAMS.—The term ‘peer to peer services or mental health professional as having a men- stantial risk of violence to the community; programs’ means services or programs that tal illness.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8412 CONGRESSIONAL RECORD — SENATE December 3, 2015

‘‘(2) CORRECTIONAL FACILITY GRANTS.—The can adopt to reduce the use of public services closed under this subparagraph available for Attorney General may award grants to appli- by high utilizers.’’. public inspection. cants to enhance the capabilities of a correc- (f) GRANT ACCOUNTABILITY.—Section 2991 of ‘‘(3) CONFERENCE EXPENDITURES.— tional facility— the Omnibus Crime Control and Safe Streets ‘‘(A) LIMITATION.—No amounts authorized ‘‘(A) to identify and screen for eligible in- Act of 1968 (42 U.S.C. 3797aa) is amended by to be appropriated to the Department of Jus- mates; inserting after subsection (i), as so added by tice under this section may be used by the ‘‘(B) to plan and provide— subsection (e), the following: Attorney General, or by any individual or ‘‘(i) initial and periodic assessments of the ‘‘(l) ACCOUNTABILITY.—All grants awarded entity awarded discretionary funds through clinical, medical, and social needs of in- by the Attorney General under this section a cooperative agreement under this section, mates; and shall be subject to the following account- to host or support any expenditure for con- ‘‘(ii) appropriate treatment and services ability provisions: ferences that uses more than $20,000 in funds that address the mental health and sub- made available by the Department of Jus- ‘‘(1) AUDIT REQUIREMENT.— stance abuse needs of inmates; tice, unless the Deputy Attorney General or ‘‘(A) DEFINITION.—In this paragraph, the ‘‘(C) to develop, implement, and enhance— term ‘unresolved audit finding’ means a find- such Assistant Attorney Generals, Directors, ‘‘(i) post-release transition plans for eligi- ing in the final audit report of the Inspector or principal deputies as the Deputy Attorney ble inmates that, in a comprehensive man- General of the Department of Justice that General may designate, provides prior writ- ner, coordinate health, housing, medical, ten authorization that the funds may be ex- the audited grantee has utilized grant funds employment, and other appropriate services pended to host the conference. for an unauthorized expenditure or otherwise and public benefits; ‘‘(B) WRITTEN APPROVAL.—Written ap- unallowable cost that is not closed or re- ‘‘(ii) the availability of mental health care proval under subparagraph (A) shall include solved within 12 months from the date when services and substance abuse treatment serv- a written estimate of all costs associated the final audit report is issued. ices; and with the conference, including the cost of all ‘‘(B) AUDITS.—Beginning in the first fiscal ‘‘(iii) alternatives to solitary confinement food, beverages, audio-visual equipment, year beginning after the date of enactment and segregated housing and mental health honoraria for speakers, and entertainment. of this subsection, and in each fiscal year screening and treatment for inmates placed ‘‘(C) REPORT.—The Deputy Attorney Gen- thereafter, the Inspector General of the De- in solitary confinement or segregated hous- eral shall submit an annual report to the ing; and partment of Justice shall conduct audits of Committee on the Judiciary of the Senate ‘‘(D) to train each employee of the correc- recipients of grants under this section to and the Committee on the Judiciary of the tional facility to identify and appropriately prevent waste, fraud, and abuse of funds by House of Representatives on all conference respond to incidents involving inmates with grantees. The Inspector General shall deter- expenditures approved under this paragraph. mine the appropriate number of grantees to mental health or co-occurring mental health ‘‘(4) ANNUAL CERTIFICATION.—Beginning in and substance abuse disorders. be audited each year. the first fiscal year beginning after the date ‘‘(k) DEMONSTRATION GRANTS RESPONDING ‘‘(C) MANDATORY EXCLUSION.—A recipient of enactment of this subsection, the Attor- TO HIGH UTILIZERS.— of grant funds under this section that is ney General shall submit, to the Committee ‘‘(1) DEFINITION.—In this subsection, the found to have an unresolved audit finding on the Judiciary and the Committee on Ap- term ‘high utilizer’ means an individual shall not be eligible to receive grant funds propriations of the Senate and the Com- who— under this section during the first 2 fiscal mittee on the Judiciary and the Committee ‘‘(A) manifests obvious signs of mental ill- years beginning after the end of the 12- on Appropriations of the House of Represent- ness or has been diagnosed by a qualified month period described in subparagraph (A). atives, an annual certification— mental health professional as having a men- ‘‘(D) PRIORITY.—In awarding grants under ‘‘(A) indicating whether— tal illness; and this section, the Attorney General shall give ‘‘(i) all audits issued by the Office of the ‘‘(B) consumes a significantly dispropor- priority to eligible applicants that did not Inspector General under paragraph (1) have tionate quantity of public resources, such as have an unresolved audit finding during the been completed and reviewed by the appro- emergency, housing, judicial, corrections, 3 fiscal years before submitting an applica- priate Assistant Attorney General or Direc- and law enforcement services. tion for a grant under this section. tor; ‘‘(2) DEMONSTRATION GRANTS RESPONDING TO ‘‘(E) REIMBURSEMENT.—If an entity is ‘‘(ii) all mandatory exclusions required HIGH UTILIZERS.— awarded grant funds under this section dur- under paragraph (1)(C) have been issued; and ‘‘(A) IN GENERAL.—The Attorney General ing the 2-fiscal-year period during which the ‘‘(iii) all reimbursements required under may award not more than 6 grants per year entity is barred from receiving grants under paragraph (1)(E) have been made; and under this subsection to applicants for the subparagraph (C), the Attorney General ‘‘(B) that includes a list of any grant re- purpose of reducing the use of public services shall— cipients excluded under paragraph (1) from by high utilizers. ‘‘(i) deposit an amount equal to the the previous year.’’. ‘‘(B) USE OF GRANTS.—A recipient of a amount of the grant funds that were improp- ‘‘(m) PREVENTING DUPLICATIVE GRANTS.— grant awarded under this subsection may use erly awarded to the grantee into the General ‘‘(1) IN GENERAL.—Before the Attorney the grant— Fund of the Treasury; and General awards a grant to an applicant ‘‘(i) to develop or support multidisci- ‘‘(ii) seek to recoup the costs of the repay- under this section, the Attorney General plinary teams that coordinate, implement, ment to the fund from the grant recipient shall compare potential grant awards with and administer community-based crisis re- that was erroneously awarded grant funds. other grants awarded under this Act to de- sponses and long-term plans for high uti- ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- termine if duplicate grant awards are award- lizers; MENTS.— ed for the same purpose. ‘‘(ii) to provide training on how to respond ‘‘(A) DEFINITION.—For purposes of this ‘‘(2) REPORT.—If the Attorney General appropriately to the unique issues involving paragraph and the grant programs under this awards duplicate grants to the same appli- high utilizers for public service personnel, part, the term ‘nonprofit organization’ cant for the same purpose the Attorney Gen- including criminal justice, mental health, means an organization that is described in eral shall submit to the Committee on the substance abuse, emergency room, section 501(c)(3) of the Internal Revenue Code Judiciary of the Senate and the Committee healthcare, law enforcement, corrections, of 1986 and is exempt from taxation under on the Judiciary of the House of Representa- and housing personnel; section 501(a) of such Code. tives a report that includes— ‘‘(iii) to develop or support alternatives to ‘‘(B) PROHIBITION.—The Attorney General ‘‘(A) a list of all duplicate grants awarded, hospital and jail admissions for high uti- may not award a grant under this part to a including the total dollar amount of any du- lizers that provide treatment, stabilization, section organization that holds money in off- plicate grants awarded; and and other appropriate supports in the least shore accounts for the purpose of avoiding ‘‘(B) the reason the Attorney General restrictive, yet appropriate, environment; or paying the tax described in section 511(a) of awarded the duplicate grants.’’. ‘‘(iv) to develop protocols and systems the Internal Revenue Code of 1986. (g) REAUTHORIZATION OF APPROPRIATIONS.— among law enforcement, mental health, sub- ‘‘(C) DISCLOSURE.—Each nonprofit organi- Section 2991(n) of title I of the Omnibus stance abuse, housing, corrections, and zation that is awarded a grant under this Crime Control and Safe Streets Act of 1968, emergency medical service operations to section and uses the procedures prescribed in as redesignated in subsection (d), is amend- provide coordinated assistance to high uti- regulations to create a rebuttable presump- ed— lizers. tion of reasonableness for the compensation (1) in paragraph (1); ‘‘(C) REPORT.—Not later than the last day of its officers, directors, trustees and key (A) in subparagraph (B), by striking ‘‘and’’ of the first year following the fiscal year in employees, shall disclose to the Attorney at the end; which a grant is awarded under this sub- General, in the application for the grant, the (B) in subparagraph (C), by striking the pe- section, the recipient of the grant shall sub- process for determining such compensation, riod and inserting ‘‘; and’’; and mit to the Attorney General a report that— including the independent persons involved (C) by adding at the end the following: ‘‘(i) measures the performance of the grant in reviewing and approving such compensa- ‘‘(D) $40,000,000 for each of fiscal years 2015 recipient in reducing the use of public serv- tion, the comparability data used, and con- through 2019.’’; and ices by high utilizers; and temporaneous substantiation of the delibera- (2) by adding at the end the following: ‘‘(ii) provides a model set of practices, sys- tion and decision. Upon request, the Attor- ‘‘(3) LIMITATION.—Not more than 20 percent tems, or procedures that other jurisdictions ney General shall make the information dis- of the funds authorized to be appropriated

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8413 under this section may be used for purposes with subsection (b), such person may request the designee of the Secretary, shall establish described in subsection (i) (relating to vet- a review by the board designed or established an interagency task force to develop and pro- erans).’’. under paragraph (2) or by a court of com- mulgate a set of advisory school safety SEC. 202. ADDITIONAL PURPOSES FOR FEDERAL petent jurisdiction to assess whether the per- guidelines. GRANTS. son is a danger to himself or herself or to ‘‘(2) PUBLICATION OF GUIDELINES.—Not later (a) MODIFICATIONS TO THE EDWARD BYRNE others. In such assessment, the board may than 1 year after the date of enactment of MEMORIAL JUSTICE ASSISTANCE GRANT PRO- consider the person’s honorable discharge or the School Safety Enhancements Act of 2015, GRAM.—Section 501(a)(1) of title I of the Om- decorations. the advisory school safety guidelines pro- nibus Crime Control and Safe Streets Act of ‘‘(2) BOARD.—Not later than 180 days after mulgated by the interagency task force shall 1968 (42 U.S.C. 3751(a)(1)) is amended by add- the date of enactment of the Protecting be published in the Federal Register. ing at the end the following: Communities and Preserving the Second ‘‘(3) REQUIRED CONSULTATION.—In devel- ‘‘(H) Mental health programs and oper- Amendment Act of 2015, the Secretary shall oping the final advisory school safety guide- ations by law enforcement or corrections.’’. designate or establish a board that shall, lines under this subsection, the interagency (b) MODIFICATIONS TO THE COMMUNITY ORI- upon request of a person under paragraph (1), task force shall consult with stakeholders ENTED POLICING SERVICES PROGRAM.—Section assess whether the person is a danger to him- and interested parties, including parents, 1701(b) of title I of the Omnibus Crime Con- self or herself or to others. teachers, and agencies.’’. trol and Safe Streets Act of 1968 (42 U.S.C. ‘‘(d) JUDICIAL REVIEW.—A person may file a SEC. 303. APPLICATIONS. 3796dd(b)) is amended— petition with a Federal court of competent Section 2702(a)(2) of title I of the Omnibus (1) in paragraph (16), by striking ‘‘and’’ at jurisdiction for judicial review of an assess- Crime Control and Safe Streets Act of 1968 the end; ment of the person under subsection (c) by (42 U.S.C. 3797b(a)(2)) is amended to read as (2) by redesignating paragraph (17) as para- the board designated or established under follows: graph (19); subsection (c)(2).’’. ‘‘(2) be accompanied by a report— (3) by inserting after paragraph (16) the fol- (b) CLERICAL AMENDMENT.—The table of ‘‘(A) signed by the heads of each law en- lowing: sections for chapter 55 of title 38, United forcement agency and school district with ‘‘(17) to provide specialized training to law States Code, is amended by adding at the end jurisdiction over the schools where the safe- enforcement officers (including village pub- the following: ty improvements will be implemented; and ‘‘(B) demonstrating that each proposed use lic safety officers (as defined in section 247 of ‘‘5511. Conditions for treatment of certain per- of the grant funds will be— the Indian Arts and Crafts Amendments Act sons as adjudicated mentally in- ‘‘(i) an effective means for improving the of 2010 (42 U.S.C. 3796dd note))) to recognize competent for certain purposes.’’. individuals who have mental illness and how safety of 1 or more schools; to properly intervene with individuals with SEC. 204. APPLICABILITY OF AMENDMENTS. ‘‘(ii) consistent with a comprehensive ap- mental illness and to establish programs With respect to any record of a person pro- proach to preventing school violence; and that enhance the ability of law enforcement hibited from possessing or receiving a fire- ‘‘(iii) individualized to the needs of each agencies to address the mental health, be- arm under subsection (d)(4) or (g)(4) of sec- school at which those improvements are to havioral, and substance abuse problems of tion 922 of title 18, United States Code, be- be made.’’. individuals encountered in the line of duty; fore the date of enactment of this Act, the SEC. 304. AUTHORIZATION OF APPROPRIATIONS. ‘‘(18) to provide specialized training to cor- Attorney General shall remove such a record Section 2705 of title I of the Omnibus rections officers to recognize individuals who from the National Instant Criminal Back- Crime Control and Safe Streets Act of 1968 have mental illness and to enhance the abil- ground Check System— (42 U.S.C. 3797e) is amended by striking ‘‘2001 ity of corrections officers to address the (1) upon being made aware that the person through 2009’’ and inserting ‘‘2014 through mental health or individuals under the care is no longer considered as adjudicated men- 2023’’. and custody of jails and prisons; and’’; and tally incompetent or committed to a psy- SEC. 305. ACCOUNTABILITY. (4) in paragraph (19), as redesignated, by chiatric hospital according to the criteria Section 2701 of title I of the Omnibus striking ‘‘through (16)’’ and inserting under paragraph (36)(A)(i)(II) of section Crime Control and Safe Streets Act of 1968 ‘‘through (18)’’. 921(a) of title 18, United States Code (as (42 U.S.C. 3797a), as amended by section 202 added by this title), and is therefore no of this title, is amended by adding at the end SEC. 203. PROTECTING THE SECOND AMEND- the following: MENT RIGHTS OF VETERANS. longer prohibited from possessing or receiv- ‘‘(h) ACCOUNTABILITY.—All grants awarded (a) IN GENERAL.—Chapter 55 of title 38, ing a firearm; (2) upon being made aware that any order by the Attorney General under this part United States Code, is amended by adding at shall be subject to the following account- the end the following: or finding that the record is based on is an order or finding described in paragraph ability provisions: ‘‘§ 5511. Conditions for treatment of certain (36)(B) of section 921(a) of title 18, United ‘‘(1) AUDIT REQUIREMENT.— persons as adjudicated mentally incom- State Code (as added by this title); or ‘‘(A) DEFINITION.—In this paragraph, the petent for certain purposes (3) upon being made aware that the person term ‘unresolved audit finding’ means a find- ‘‘(a) PROTECTING RIGHTS OF VETERANS WITH has been found competent to possess a fire- ing in the final audit report of the Inspector EXISTING RECORDS.—Not later than 90 days arm after an administrative or judicial re- General of the Department of Justice that after the date of enactment of the Protecting view under subsection (c) or (d) of section the audited grantee has utilized grant funds Communities and Preserving the Second 5511 of title 38, United States Code (as added for an unauthorized expenditure or otherwise Amendment Act of 2015, the Secretary shall by this title). unallowable cost that is not closed or re- provide written notice in accordance with solved within 12 months from the date when TITLE III—SCHOOL SAFETY subsection (b) of the opportunity for admin- the final audit report is issued. istrative review under subsection (c) to all SEC. 301. SHORT TITLE. ‘‘(B) AUDITS.—Beginning in the first fiscal persons who, on the date of enactment of the This title may be cited as the ‘‘School year beginning after the date of enactment Protecting Communities and Preserving the Safety Enhancements Act of 2015’’. of this subsection, and in each fiscal year Second Amendment Act of 2015, are consid- SEC. 302. GRANT PROGRAM FOR SCHOOL SECU- thereafter, the Inspector General of the De- ered to have been adjudicated mentally in- RITY. partment of Justice shall conduct audits of competent or committed to a psychiatric Section 2701 of title I of the Omnibus recipients of grants under this part to pre- hospital under subsection (d)(4) or (g)(4) of Crime Control and Safe Streets Act of 1968 vent waste, fraud, and abuse of funds by section 922 of title 18 as a result of having (42 U.S.C. 3797a) is amended— grantees. The Inspector General shall deter- been found by the Department to be men- (1) in subsection (b)— mine the appropriate number of grantees to tally incompetent. (A) in paragraph (1)— be audited each year. ‘‘(b) NOTICE.—The Secretary shall provide (i) by striking ‘‘Placement’’ and inserting ‘‘(C) MANDATORY EXCLUSION.—A recipient notice under this section to a person de- ‘‘Installation’’; and of grant funds under this part that is found scribed in subsection (a) that notifies the (ii) by inserting ‘‘surveillance equipment,’’ to have an unresolved audit finding shall not person of— after ‘‘detectors,’’; be eligible to receive grant funds under this ‘‘(1) the determination made by the Sec- (B) by redesignating paragraph (5) as para- part during the first 2 fiscal years beginning retary; graph (6); and after the end of the 12-month period de- ‘‘(2) a description of the implications of (C) by inserting after paragraph (4) the fol- scribed in subparagraph (A). being considered to have been adjudicated lowing: ‘‘(D) PRIORITY.—In awarding grants under mentally incompetent or committed to a ‘‘(5) Establishment of hotlines or tiplines this part, the Attorney General shall give psychiatric hospital under subsection (d)(4) for the reporting of potentially dangerous priority to eligible applicants that did not or (g)(4) of section 922 of title 18; and students and situations.’’; and have an unresolved audit finding during the ‘‘(3) the right of the person to request a re- (2) by adding at the end the following: 3 fiscal years before submitting an applica- view under subsection (c)(1). ‘‘(g) INTERAGENCY TASK FORCE.— tion for a grant under this part. ‘‘(c) ADMINISTRATIVE REVIEW.— ‘‘(1) ESTABLISHMENT.—Not later than 60 ‘‘(E) REIMBURSEMENT.—If an entity is ‘‘(1) REQUEST.—Not later than 30 days after days after the date of enactment of the awarded grant funds under this part during the date on which a person described in sub- School Safety Enhancements Act of 2015, the the 2-fiscal-year period during which the en- section (a) receives notice in accordance Director and the Secretary of Education, or tity is barred from receiving grants under

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8414 CONGRESSIONAL RECORD — SENATE December 3, 2015 subparagraph (C), the Attorney General ‘‘(B) that includes a list of any grant re- (d)(2) is made to the State or subdivision, un- shall— cipients excluded under paragraph (1) from less the Secretary of Homeland Security, in ‘‘(i) deposit an amount equal to the the previous year.’’. consultation with the Attorney General, de- amount of the grant funds that were improp- SEC. 306. PREVENTING DUPLICATIVE GRANTS. termines the State or subdivision is no erly awarded to the grantee into the General Section 1701 of title I of the Omnibus longer a sanctuary jurisdiction. Fund of the Treasury; and Crime Control and Safe Streets Act of 1968 (B) COMMUNITY DEVELOPMENT BLOCK ‘‘(ii) seek to recoup the costs of the repay- (42 U.S.C. 3796dd) is amended by adding at GRANTS.— ment to the fund from the grant recipient the end the following: (i) IN GENERAL.—Title I of the Housing and that was erroneously awarded grant funds. ‘‘(l) PREVENTING DUPLICATIVE GRANTS.— Community Development Act of 1974 (42 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- ‘‘(1) IN GENERAL.—Before the Attorney U.S.C. 5301 et seq.) is amended— MENTS.— General awards a grant to an applicant (I) in section 102 (42 U.S.C. 5302), by adding ‘‘(A) DEFINITION.—For purposes of this under this part, the Attorney General shall at the end the following: paragraph and the grant programs under this compare potential grant awards with grants ‘‘(25) The term ‘sanctuary jurisdiction’ part, the term ‘nonprofit organization’ awarded under parts A or T to determine if means any State or unit of general local gov- means an organization that is described in duplicate grant awards are awarded for the ernment that— section 501(c)(3) of the Internal Revenue Code same purpose. ‘‘(A) has in effect a statute, ordinance, pol- of 1986 and is exempt from taxation under ‘‘(2) REPORT.—If the Attorney General icy, or practice that is in violation of sub- section 501(a) of such Code. awards duplicate grants to the same appli- section (a) or (b) of section 642 of the Illegal ‘‘(B) PROHIBITION.—The Attorney General cant for the same purpose the Attorney Gen- Immigration Reform and Immigrant Respon- may not award a grant under this part to a eral shall submit to the Committee on the sibility Act of 1996 (8 U.S.C. 1373); or nonprofit organization that holds money in Judiciary of the Senate and the Committee ‘‘(B) has in effect a statute, ordinance, pol- offshore accounts for the purpose of avoiding on the Judiciary of the House of Representa- icy, or practice that prohibits any govern- paying the tax described in section 511(a) of tives a report that includes— ment entity or official from complying with the Internal Revenue Code of 1986. ‘‘(A) a list of all duplicate grants awarded, a detainer that has been lawfully issued or a ‘‘(C) DISCLOSURE.—Each nonprofit organi- including the total dollar amount of any du- request to notify about the release of an zation that is awarded a grant under this plicate grants awarded; and alien that has been made by the Department part and uses the procedures prescribed in ‘‘(B) the reason the Attorney General of Homeland Security in accordance with regulations to create a rebuttable presump- awarded the duplicate grants.’’. section 236 and 287 of the Immigration and tion of reasonableness for the compensation TITLE IV—SANCTUARY CITIES Nationality Act (8 U.S.C. 1226 and 1357) and of its officers, directors, trustees and key section 287.7 of title 8, Code of Federal Regu- employees, shall disclose to the Attorney SEC. 401. STOP SANCTUARY POLICIES AND PRO- TECT AMERICANS. lations.’’; and General, in the application for the grant, the (II) in section 104 (42 U.S.C. 5304)— (a) SHORT TITLE.—This section may be process for determining such compensation, (aa) in subsection (b)— including the independent persons involved cited as the ‘‘Stop Sanctuary Policies and Protect Americans Act’’. (AA) in paragraph (5), by striking ‘‘and’’ at in reviewing and approving such compensa- the end; tion, the comparability data used, and con- (b) SANCTUARY JURISDICTION DEFINED.—In (BB) by redesignating paragraph (6) as temporaneous substantiation of the delibera- this section, the term ‘‘sanctuary jurisdic- paragraph (7); and tion and decision. Upon request, the Attor- tion’’ means any State or political subdivi- (CC) by inserting after paragraph (5) the ney General shall make the information dis- sion of a State, including any law enforce- following: closed under this subparagraph available for ment entity of a State or of a political sub- ‘‘(6) the grantee is not a sanctuary juris- public inspection. division of a State, that— diction and will not become a sanctuary ju- ‘‘(3) CONFERENCE EXPENDITURES.— (1) has in effect a statute, ordinance, pol- risdiction during the period for which the ‘‘(A) LIMITATION.—No amounts authorized icy, or practice that is in violation of sub- grantee receives a grant under this title; to be appropriated to the Department of Jus- section (a) or (b) of section 642 of the Illegal and’’; and tice under this part may be used by the At- Immigration Reform and Immigrant Respon- torney General, or by any individual or enti- sibility Act of 1996 (8 U.S.C. 1373); or (bb) by adding at the end the following: ty awarded discretionary funds through a co- (2) has in effect a statute, ordinance, pol- ‘‘(n) PROTECTION OF INDIVIDUALS AGAINST operative agreement under this part, to host icy, or practice that prohibits any govern- CRIMINAL ALIENS.— or support any expenditure for conferences ment entity or official from complying with ‘‘(1) IN GENERAL.—No funds authorized to that uses more than $20,000 in funds made a detainer that has been lawfully issued or a be appropriated to carry out this title may available by the Department of Justice, un- request to notify about the release of an be obligated or expended to any State or unit less the Deputy Attorney General or such alien that has been made by the Department of general local government that is a sanc- Assistant Attorney Generals, Directors, or of Homeland Security in accordance with tuary jurisdiction. principal deputies as the Deputy Attorney section 236 and 287 of the Immigration and ‘‘(2) RETURNED AMOUNTS.— General may designate, provides prior writ- Nationality Act (8 U.S.C. 1226 and 1357) and ‘‘(A) STATE.—If a State is a sanctuary ju- ten authorization that the funds may be ex- section 287.7 of title 8, Code of Federal Regu- risdiction during the period for which the pended to host the conference. lations. State receives amounts under this title, the ‘‘(B) WRITTEN APPROVAL.—Written ap- (c) LIMITATION ON GRANTS TO SANCTUARY Secretary— proval under subparagraph (A) shall include JURISDICTIONS.— ‘‘(i) shall direct the State to immediately a written estimate of all costs associated (1) INELIGIBILITY FOR GRANTS.— return to the Secretary any such amounts with the conference, including the cost of all (A) LAW ENFORCEMENT GRANTS.— that have not been obligated by the State as food, beverages, audio-visual equipment, (i) SCAAP GRANTS.—A sanctuary jurisdic- of the date on which the State became a honoraria for speakers, and entertainment. tion shall not be eligible to receive funds sanctuary jurisdiction; and ‘‘(C) REPORT.—The Deputy Attorney Gen- pursuant to the State Criminal Alien Assist- ‘‘(ii) may use any returned amounts under eral shall submit an annual report to the ance Program under section 241(i) of the Im- clause (i) to make grants to other States Committee on the Judiciary of the Senate migration and Nationality Act (8 U.S.C. that are not sanctuary jurisdictions in ac- and the Committee on the Judiciary of the 1231(i)). cordance with this title. House of Representatives on all conference (ii) COPS GRANTS.—No law enforcement en- ‘‘(B) UNIT OF GENERAL LOCAL GOVERN- expenditures approved under this paragraph. tity of a State or of a political subdivision of MENT.—If a unit of general local government ‘‘(4) ANNUAL CERTIFICATION.—Beginning in a State that has a departmental policy or is a sanctuary jurisdiction during the period the first fiscal year beginning after the date practice that renders it a sanctuary jurisdic- for which the unit of general local govern- of enactment of this subsection, the Attor- tion, and such a policy or practice is not re- ment receives amounts under this title, any ney General shall submit, to the Committee quired by statute, ordinance, or other codi- such amounts that have not been obligated on the Judiciary and the Committee on Ap- fied law, or by order of a chief executive offi- by the unit of general local government as of propriations of the Senate and the Com- cer of the jurisdiction, or the executive or the date on which the unit of general local mittee on the Judiciary and the Committee legislative board of the jurisdiction, shall be government became a sanctuary jurisdic- on Appropriations of the House of Represent- eligible to receive funds directly or indi- tion— atives, an annual certification— rectly under the ‘Cops on the Beat’ program ‘‘(i) in the case of a unit of general local ‘‘(A) indicating whether— under part Q of title I of the Omnibus Crime government that is not in a nonentitlement ‘‘(i) all audits issued by the Office of the Control and Safe Streets Act of 1968 (42 area, shall be returned to the Secretary to Inspector General under paragraph (1) have U.S.C. 3796dd et seq.). make grants to States and other units of been completed and reviewed by the appro- (iii) ENFORCEMENT.—The Attorney General, general local government that are not sanc- priate Assistant Attorney General or Direc- in consultation with the Secretary of Home- tuary jurisdictions in accordance with this tor; land Security, shall terminate the funding title; and ‘‘(ii) all mandatory exclusions required described in subparagraphs (A) and (B) to a ‘‘(ii) in the case of a unit of general local under paragraph (1)(C) have been issued; and State or political subdivision of a State on government that is in a nonentitlement ‘‘(iii) all reimbursements required under the date that is 30 days after the date on area, shall be returned to the Governor of paragraph (1)(E) have been made; and which a notification described in subsection the State to make grants to other units of

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8415 general local government that are not sanc- (A) shall be deemed to be acting as an demeanors involving drugs, crimes against tuary jurisdictions in accordance with this agent of the Department of Homeland Secu- the person, or both, or a felony (other than title. rity; and an aggravated felony), shall be fined under ‘‘(o) ENFORCEMENT AGAINST FUNDING FOR (B) shall have the authority available to title 18, United States Code, imprisoned not SANCTUARY JURISDICTIONS.— employees of the Department of Homeland more than 10 years, or both; ‘‘(1) IN GENERAL.—The Secretary shall Security with regard to actions taken to ‘‘(B) who has been excluded from the verify, on a quarterly basis, the determina- comply with the detainer. United States pursuant to section 235(c) be- tion of the Secretary of Homeland Security (2) LIABILITY.—In any legal proceeding cause the alien was excludable under section and the Attorney General as to whether a brought against a State, a political subdivi- 212(a)(3)(B) or who has been removed from State or unit of general local government is sion of State, or an officer, employee, or the United States pursuant to the provisions a sanctuary jurisdiction and therefore ineli- agent of such State or political subdivision, of title V, and who thereafter, without the gible to receive a grant under this title for which challenges the legality of the seizure permission of the Secretary of Homeland Se- purposes of subsections (b)(6) and (n). or detention of an individual pursuant to a curity, enters the United States, or attempts ‘‘(2) NOTIFICATION.—If the Secretary detainer issued by the Department of Home- to do so, shall be fined under title 18, United verifies that a State or unit of general local land Security under section 236 or 287 of the States Code, and imprisoned for a period of government is determined to be a sanctuary Immigration and Nationality Act (8 U.S.C. 10 years, which sentence shall not run con- jurisdiction under paragraph (1), the Sec- 1226 and 1357)— currently with any other sentence; retary shall notify the State or unit of gen- (A) no liability shall lie against the State ‘‘(C) who was removed from the United eral local government that it is ineligible to or political subdivision for actions taken in States pursuant to section 241(a)(4)(B) who receive a grant under this title.’’. compliance with the detainer; thereafter, without the permission of the (ii) EFFECTIVE DATE.—The amendments (B) if the actions of the officer, employee, Secretary of Homeland Security, enters, at- made by clause (i) shall only apply with re- or agent of the State or political subdivision tempts to enter, or is at any time found in, spect to community development block were taken in compliance with the de- the United States (unless the Secretary of grants made under title I of the Housing and tainer— Homeland Security has expressly consented Community Development Act (42 U.S.C. 5301 (i) the officer, employee, or agent shall be to such alien’s reentry) shall be fined under et seq.) after the date of the enactment of deemed to be an employee of the Federal title 18, United States Code, imprisoned for this Act. Government and an investigative or law en- not more than 10 years, or both; and (2) ALLOCATION.—Any funds that are not al- forcement officer and to have been acting ‘‘(D) who has been denied admission, ex- located to a State or political subdivision of within the scope of his or her employment cluded, deported, or removed 3 or more times a State pursuant to paragraph (1) and the under section 1346(b) and chapter 171 of title and thereafter enters, attempts to enter, amendments made by paragraph (1) shall be 28, United States Code; crosses the border to, attempts to cross the allocated to States and political subdivisions (ii) section 1346(b) of title 28, United States border to, or is at any time found in the of States that are not sanctuary jurisdic- Code, shall provide the exclusive remedy for United States, shall be fined under title 18, tions. the plaintiff; and United States Code, imprisoned not more (3) NOTIFICATION OF CONGRESS.—Not later (iii) the United States shall be substituted than 10 years, or both. than 5 days after a determination is made as defendant in the proceeding. ‘‘(2) REMOVAL DEFINED.—In this subsection pursuant to paragraph (1) to terminate a (3) CONSTRUCTION.—Nothing in this section and subsection (c), the term ‘removal’ in- grant or to refuse to award a grant, the Sec- may be construed— cludes any agreement in which an alien stip- retary of Homeland Security shall submit to (A) to provide immunity to any person who ulates to removal during (or not during) a the Committee on Appropriations and the knowingly violates the civil or constitu- criminal trial under either Federal or State Committee on the Judiciary of the Senate tional rights of an individual; or law. and the Committee on Appropriations and (B) to limit the application of the doctrine the Committee on the Judiciary of the House of official immunity or of qualified immu- ‘‘(c) MANDATORY MINIMUM CRIMINAL PEN- of Representatives a report that fully de- nity in a civil action brought against a law ALTY FOR REENTRY OF CERTAIN REMOVED scribes the circumstances and basis for the enforcement officer acting pursuant to a de- ALIENS.—Notwithstanding the penalties pro- termination or refusal. tainer issued by the Department of Home- vided in subsections (a) and (b), an alien de- (4) TRANSPARENCY AND ACCOUNTABILITY.— land Security under section 236 or 287 of the scribed in subsection (a)— Not later than 60 days after the date of the Immigration and Nationality Act (8 U.S.C. ‘‘(1) who was convicted before such re- enactment of this Act, and quarterly there- 1226 and 1357). moval or departure of an aggravated felony; after, the Secretary of Homeland Security (e) INCREASED PENALTIES FOR REENTRY OF or and the Attorney General shall— REMOVED ALIEN.—Section 276 of the Immi- ‘‘(2) who was convicted at least two times (A) determine the States and political sub- gration and Nationality Act (8 U.S.C. 1326) is before such removal or departure of illegal divisions of States that are sanctuary juris- amended— reentry under this section; dictions; (1) by redesignating subsections (c) and (d) shall be imprisoned not less than five years (B) notify each such State or subdivision as subsections (d) and (e), respectively; and not more than 20 years, and may, in ad- that it is determined to be a sanctuary juris- (2) by striking subsections (a) and (b) and dition, be fined under title 18, United States diction; and inserting the following: Code.’’; and (C) publish on the website of the Depart- ‘‘(a) IN GENERAL.—Subject to subsections (3) in subsection (d), as redesignated by ment of Homeland Security and of the De- (b) and (c), any alien who— paragraph (1)— partment of Justice— ‘‘(1) has been denied admission, excluded, (A) by striking ‘‘section 242(h)(2)’’ and in- (i) a list of each sanctuary jurisdiction; deported, or removed or has departed the serting ‘‘section 241(a)(4)’’; and (ii) the total number of detainers and re- United States while an order of exclusion, (B) by striking ‘‘Attorney General’’ and in- quests for notification of the release of any deportation, or removal is outstanding; and serting ‘‘Secretary of Homeland Security’’. alien that has been issued or made to each ‘‘(2) thereafter enters, attempts to enter, (f) SEVERABILITY.—If any provision of this State or political subdivision of a State; and or is at any time found in, the United States, section or the application of such provision (iii) the number of such detainers and re- unless— to any person or circumstance is held invalid quests for notification that have been ig- ‘‘(A) prior to the alien’s reembarkation at for any reason, the remainder of this section, nored or otherwise not honored, including a place outside the United States or the and the application of such provision to the name of the jurisdiction in which each alien’s application for admission from for- other persons not similarly situated or to such detainer or request for notification was eign contiguous territory, the Secretary of other circumstances, shall not be affected by issued or made. Homeland Security has expressly consented such invalidation. (5) CONSTRUCTION.—Nothing in this sub- to such alien’s reapplying for admission; or section may be construed to require law en- ‘‘(B) with respect to an alien previously de- SA 2915. Mr. PAUL submitted an forcement officials of a State or a political nied admission and removed, such alien shall amendment intended to be proposed to subdivision of a State to provide the Sec- establish that the alien was not required to amendment SA 2874 proposed by Mr. retary of Homeland Security with informa- obtain such advance consent under this Act or any prior Act; MCCONNELL to the bill H.R. 3762, to tion related to a victim or a witness to a provide for reconciliation pursuant to criminal offense. shall be fined under title 18, United States section 2002 of the concurrent resolu- (d) STATE AND LOCAL GOVERNMENT AND IN- Code, or imprisoned not more than five DIVIDUAL COMPLIANCE WITH DETAINERS.— years, or both. tion on the budget for fiscal year 2016; (1) AUTHORITY TO CARRY OUT DETAINERS.—A ‘‘(b) CRIMINAL PENALTIES FOR REENTRY OF as follows: State, a political subdivision of a State, or CERTAIN REMOVED ALIENS.— At the appropriate place, insert the fol- an officer, employee, or agent of such State ‘‘(1) IN GENERAL.—Notwithstanding the lowing: or political subdivision that complies with a penalty provided in subsection (a), and ex- detainer issued by the Department of Home- cept as provided in subsection (c), an alien TITLE III—DEFEND OUR CAPITAL ACT land Security under section 236 or 287 of the described in subsection (a)— SEC. 301. SHORT TITLE. Immigration and Nationality Act (8 U.S.C. ‘‘(A) who was convicted before such re- This title may be cited as the ‘‘Defend Our 1226 and 1357)— moval or departure of three or more mis- Capital Act of 2015’’.

VerDate Sep 11 2014 07:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.056 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8416 CONGRESSIONAL RECORD — SENATE December 3, 2015 SEC. 302. RECOGNIZING THE RIGHT OF LAW- tion to an individual who submits an appli- background check in accordance with sub- ABIDING INDIVIDUALS TO CARRY cation under subsection (f) unless the indi- section (h) upon receiving the application. AND TRANSPORT FIREARMS FOR LE- vidual— ‘‘(2) DEADLINE.—Not later than 14 days GITIMATE PURPOSES. ‘‘(1) is less than 21 years of age; or after the date on which the Chief receives a (a) LICENSES TO CARRY FIREARMS.—Section ‘‘(2) is prohibited under Federal law or complete application submitted under sub- 6 of the Act of July 8, 1932 (47 Stat. 650, chap- court order from possessing or receiving a section (f), the Chief shall— ter 465; sec. 22–4506, D.C. Official Code), is firearm. ‘‘(A) except as provided in subparagraph amended to read as follows: ‘‘(e) APPLICATION AND RENEWAL FORMS.— (B), issue the license and promptly send the ‘‘SEC. 6. ISSUE OF LICENSES TO CARRY FIRE- ‘‘(1) DESIGN.—The Chief shall design an ap- ARMS. licensee his or her license document by first- plication form for use by individuals who class mail; or ‘‘(a) ISSUANCE AND SCOPE OF LICENSE.— apply for a license under this section and a ‘‘(B) if subsection (d) applies to the appli- ‘‘(1) IN GENERAL.—The Chief shall issue a li- renewal form for use by individuals applying cense, valid for not less than 5 years, to cant, deny the application in accordance for renewal of a license under subsection (n). with paragraph (3). carry a firearm concealed on or about the ‘‘(2) DEADLINES.—The Chief shall complete ‘‘(3) DENIAL.—If the Chief denies an appli- person to any individual who— the design of— cation submitted under subsection (f), the ‘‘(A) is not disqualified under subsection ‘‘(A) the application form not later than 60 Chief shall inform the applicant of the denial (d); and days after the date of enactment of the De- in writing, stating the reason and factual ‘‘(B) completes the application process fend Our Capital Act of 2015; and basis for the denial and the availability of an specified in subsection (f). ‘‘(B) the renewal form not later than 4 ‘‘(2) REQUIREMENTS FOR LICENSE.—A license years from the date of enactment of the De- appeal under subsections (l) and (m). to carry a firearm issued under this section fend Our Capital Act of 2015. ‘‘(h) BACKGROUND CHECKS.— shall meet the requirements specified in sub- ‘‘(3) CONTENTS.—The forms described in ‘‘(1) IN GENERAL.—The Chief shall conduct section (c). this subsection shall— a background check on an applicant by con- ‘‘(3) PROTECTION FROM OTHER CONDITIONS, ‘‘(A) require the applicant to provide only tacting the National Instant Criminal Back- LIMITATIONS, AND REQUIREMENTS.—The Chief his or her name, address, date of birth, state ground Check System to determine whether may not impose conditions, limitations, or identification card number, race, sex, height, subsection (d)(2) applies to the applicant. requirements that are not expressly provided eye color, and, if the applicant is not a ‘‘(2) CONFIRMATION NUMBER.—The Chief for in this section on the issuance, scope, ef- United States citizen, his or her alien or ad- shall create a confirmation number associ- fect, or content of a license. mission number; and ated with each applicant. ‘‘(4) SCHOOL ZONES.—For purposes of sec- ‘‘(B) include— ‘‘(3) RESULT.—As soon as practicable after tion 922(q)(2)(B)(ii) of title 18, United States ‘‘(i) a statement that the applicant is ineli- conducting a background check under para- Code, an individual who possesses a firearm gible for a license if subsection (d) applies to graph (1), the Chief shall— in a school zone in the District of Columbia the applicant; ‘‘(A) if the background check indicates and who is licensed under this section or is ‘‘(ii) a statement explaining the laws of that subsection (d)(2) applies to the appli- an out-of-state licensee shall be considered self-defense and defense of others in the Dis- cant, create a unique nonapproval number licensed by the District of Columbia. trict of Columbia, with a place for the appli- for the applicant; or ‘‘(b) CARRYING A FIREARM; POSSESSION AND cant to sign his or her name to indicate that ‘‘(B) if the background check does not indi- DISPLAY OF LICENSE DOCUMENT OR AUTHOR- he or she has read and understands the state- cate that subsection (d)(2) applies to the ap- IZATION.— ment; plicant, create a unique approval number for ‘‘(1) CARRYING A FIREARM.—A licensee or an ‘‘(iii) a statement, with a place for the ap- the applicant. out-of-state licensee may carry a firearm plicant to sign his or her name, to indicate ‘‘(4) RECORD.—The Chief shall maintain— anywhere in the District of Columbia except that the applicant has read and understands ‘‘(A) a record of all complete application as otherwise prohibited by law or by a limi- the requirements of this section; forms submitted under subsection (f); and tation or prohibition established pursuant to ‘‘(iv) a statement that the applicant may ‘‘(B) a record of all approval or non- section 11 of this Act (sec. 22–4511, D.C. Offi- be prosecuted if he or she intentionally gives approval numbers regarding background cial Code). a false answer to any question on the appli- checks conducted under this subsection. ‘‘(2) POSSESSION AND DISPLAY OF LICENSE cation or intentionally submits a falsified DOCUMENT OR AUTHORIZATION.—A licensee document with the application; ‘‘(i) MAINTENANCE, USE, AND PUBLICATION shall carry his or her license document and ‘‘(v) a statement of the penalties for inten- OF RECORDS BY THE CHIEF.— government-issued photographic identifica- tionally giving a false answer to any ques- ‘‘(1) MAINTENANCE OF RECORD.— tion card and an out-of-state licensee shall tion on the application or intentionally sub- ‘‘(A) IN GENERAL.—The Chief shall main- carry his or her out-of-state license and gov- mitting a falsified document with the appli- tain a computerized record listing the name ernment-issued photographic identification cation; and and application information of each indi- card at all times during which he or she is ‘‘(vi) a statement describing the places in vidual who has been issued a license under carrying a firearm in any location other which a person may be prohibited from car- this section. than on or in real property owned or leased rying a firearm even with a license, with a ‘‘(B) RESTRICTION.—Subject to paragraph by the licensee or out-of-state licensee. place for the applicant to sign his or her (3), the Chief may not store, maintain, for- ‘‘(c) LICENSE DOCUMENT; CONTENT OF LI- name to indicate that he or she has read and mat, sort, or access the information de- CENSE.— understands the statement. scribed in paragraph (1) in any manner other ‘‘(1) DESIGN OF LICENSE DOCUMENT.—Subject ‘‘(4) AVAILABILITY OF FORMS.—The Chief than by— to paragraphs (2) and (3), the Chief shall— shall make the forms described in this sub- ‘‘(i) the names, dates of birth, or sex of li- ‘‘(A) design a single license document for section available on the Internet and, upon censees; or licenses issued and renewed under this sec- request, by mail. ‘‘(ii) the identification numbers assigned tion; and ‘‘(f) SUBMISSION OF APPLICATION.—An indi- to licensees under subsection (h). ‘‘(B) complete the design of the license vidual may apply to the Chief for a license ‘‘(2) USE BY LAW ENFORCEMENT.—A law en- document not later than 60 days after the under this section by submitting to the forcement officer may not request or be pro- date of enactment of the Defend Our Capital Chief, by mail or other means made avail- vided information maintained in the record Act of 2015. able by the Chief— under paragraph (1) concerning a specific in- ‘‘(2) REQUIRED CONTENT OF LICENSE.—A li- ‘‘(1) a completed application in the form dividual except for 1 of the following pur- cense document for a license issued under prescribed under subsection (e); poses: this section shall contain all of the following ‘‘(2) a statement that states that the infor- ‘‘(A) To confirm that a license produced by on one side: mation that the individual is providing in an individual is valid. ‘‘(A) The full name, date of birth, and resi- the application submitted under paragraph ‘‘(B) If an individual is carrying a firearm dence address of the licensee. (1) and any document submitted with the ap- and claims to hold a valid license issued ‘‘(B) A physical description of the licensee, plication is true and complete to the best of under this section, but does not have his or including sex, height, and eye color. his or her knowledge; her license document, to confirm that the in- ‘‘(C) The date on which the license was ‘‘(3) a license fee in an amount that is dividual holds a valid license. issued. equal to the lesser of— ‘‘(C) To investigate whether an individual ‘‘(D) The date on which the license expires. ‘‘(A) the cost of issuing the license; or submitted an intentionally false statement. ‘‘(E) The words ‘District of Columbia’. ‘‘(B) $50; and ‘‘(D) To investigate whether an individual ‘‘(F) A unique identification number for ‘‘(4) a fee for a background check under complied with a requirement to surrender the licensee. subsection (h) that is not greater than $25. his or her license in accordance with this ‘‘(3) PROHIBITED CONTENT OF LICENSE.—A li- ‘‘(g) PROCESSING OF APPLICATION.— section. cense document for a license issued under ‘‘(1) BACKGROUND CHECK.—If a person sub- ‘‘(3) FREEDOM OF INFORMATION.—Notwith- this section may not contain the licensee’s mits a complete application under sub- standing the Freedom of Information Act of social security number. section (f) and is not prohibited from obtain- 1976 (sec. 2–531 et seq., D.C. Official Code), in- ‘‘(d) RESTRICTIONS ON ISSUING A LICENSE.— ing a license under paragraph (1) or (3) of formation obtained under this section may The Chief shall issue a license under this sec- subsection (d), the Chief shall conduct a not be made available to the public except—

VerDate Sep 11 2014 07:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.055 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8417 ‘‘(A) in the context of a prosecution for an application for, or suspending or revoking, a year period beginning on the date on which offense in which a person’s status as a li- license under this section. the license is issued unless the license is sus- censee is relevant; or ‘‘(m) APPEALS TO THE SUPERIOR COURT.— pended or revoked under subsection (k). ‘‘(B) through a report created by the Chief ‘‘(1) RIGHT TO APPEAL.—An individual ag- ‘‘(2) NOTICE OF EXPIRATION.— that shows the number of licenses issued, re- grieved by any action by the Chief denying ‘‘(A) FORM.—The Chief shall design a no- voked, or suspended, but excludes any identi- an application for, or suspending or revok- tice of expiration form. fying information about individual licensees. ing, a license under this section, may appeal ‘‘(B) MAILING OF NOTICE.—Not later than 90 ‘‘(j) LOST OR DESTROYED LICENSE.— directly to the Superior Court of the District days before the expiration date of a license ‘‘(1) IN GENERAL.—If a license document is of Columbia without regard to whether the issued under this section, the Chief shall lost, a licensee no longer has possession of individual has sought review under the proc- mail to the licensee— his or her license document, or a license doc- ess established under subsection (l). ‘‘(i) the notice of expiration form; and ument is destroyed, unreadable, or unusable, ‘‘(2) COMMENCEMENT OF APPEAL.— ‘‘(ii) a form for renewing the license. a licensee who wishes to obtain a replace- ‘‘(A) IN GENERAL.—To begin an appeal ‘‘(3) RENEWAL.— ment license document shall submit to the under this subsection, the aggrieved indi- ‘‘(A) IN GENERAL.—The Chief shall renew Chief— vidual shall file a petition for review with the license of a licensee if— ‘‘(A) a statement requesting a replacement the clerk of the Superior Court of the Dis- ‘‘(i) not later than 90 days after the expira- license document; trict of Columbia not later than 30 days after tion date of the license, the licensee submits ‘‘(B) the license document or any portions the date on which the individual receives no- the renewal application, statement, and fees of the license document that remain; and tice of denial of an application for a license required under subparagraph (B); and ‘‘(C) a $10 replacement fee. or of suspension or revocation of a license. ‘‘(ii) the background check required under ‘‘(2) ISSUANCE.—Not later than 7 days after ‘‘(B) CONTENTS; SUPPORTING DOCUMENTS.—A subparagraph (C) indicates that subsection the date on which the Chief receives a state- petition filed under subparagraph (A)— (d) does not apply to the licensee. ‘‘(i) shall state the substance of the Chief’s ment, license document or portions thereof ‘‘(B) RENEWAL APPLICATION; STATEMENT; (if any), and fee submitted by a licensee action from which the individual is appeal- FEES.—A licensee seeking to renew his or her under paragraph (1), the Chief shall issue a ing and the grounds upon which the indi- license shall submit to the Chief— replacement license document to the li- vidual believes the Chief’s action to be im- ‘‘(i) a renewal application on the form pro- censee. proper; and vided by the Chief; ‘‘(3) ABSENCE OF ORIGINAL LICENSE DOCU- ‘‘(ii) may include a copy of any records or ‘‘(ii) a statement reporting that— MENT.—If a licensee does not submit the documents that are relevant to the grounds ‘‘(I) the information provided under clause original license document to the Chief under upon which the individual believes the (i) is true and complete to the best of the li- paragraph (1), the Chief shall terminate the Chief’s action to be improper. censee’s knowledge; and unique approval number of the original re- ‘‘(3) SERVICE UPON CHIEF.—A copy of a peti- ‘‘(II) the licensee is not disqualified under quest and issue a new unique approval num- tion filed under paragraph (2) shall be served subsection (d); and ber for the replacement license document. upon the Chief either personally or by reg- ‘‘(iii) payment of— ‘‘(k) LICENSE REVOCATION AND SUSPEN- istered or certified mail not later than 5 days ‘‘(I) a renewal fee in an amount that is SION.— after the date on which the individual files equal to the lesser of— ‘‘(1) REVOCATION.—The Chief shall revoke a the petition. ‘‘(aa) the cost of renewing the license; or license issued under this section if the Chief ‘‘(4) ANSWER.— ‘‘(bb) $25; and determines that subsection (d) applies to the ‘‘(A) IN GENERAL.—The Chief shall file an licensee. answer to a petition filed under paragraph (2) ‘‘(II) a fee for a background check that does not exceed $25. ‘‘(2) SUSPENSION.— not later than 15 days after the date on ‘‘(C) BACKGROUND CHECK.—The chief shall ‘‘(A) IN GENERAL.—The Chief shall suspend which the Chief is served with the petition a license issued under this section if a court under paragraph (3). conduct a background check of a licensee as provided under subsection (h) before renew- prohibits the licensee from possessing a fire- ‘‘(B) CONTENTS; SUPPORTING DOCUMENTS.— arm. An answer filed under subparagraph (A) shall ing the licensee’s license. ‘‘(D) ISSUANCE OF RENEWAL LICENSE.—Un- ‘‘(B) RESTORATION.—The Chief shall restore include— a suspended license not later than 5 business ‘‘(i) a brief statement of the actions taken less a renewal applicant is ineligible under days after the date on which the Chief is no- by the Chief; and subsection (d), not later than 10 days after tified that the licensee is no longer subject ‘‘(ii) a copy of any documents or records on the date on which the Chief receives a re- to the prohibition described in subparagraph which the Chief based his or her action. newal application, statement, and fees from the applicant under subparagraph (B), the (A) if— ‘‘(5) REVIEW BY COURT.— Chief shall issue a renewal license and send ‘‘(i) subsection (d) does not apply to the in- ‘‘(A) IN GENERAL.—The court shall review dividual; and the petition, the answer, and any records or it to the applicant by first-class mail. ‘‘(ii) the suspended license has not expired documents submitted with the petition or ‘‘(E) MEMBERS OF THE ARMED FORCES.—Not- under subsection (n). the answer. withstanding paragraph (1), the license of a member of the Armed Forces of the United ‘‘(3) PROCEDURES.— ‘‘(B) CONDUCT OF REVIEW.—The court shall States, including the National Guard and re- ‘‘(A) NOTICE.—If the Chief suspends or re- conduct the review under this paragraph vokes a license under this subsection, the without a jury but may schedule a hearing serve components, who is deployed overseas Chief shall send by mail to the individual and take testimony. while on active duty shall not expire before the date that is 90 days after the end of the whose license has been suspended or revoked ‘‘(6) REVERSAL.—The court shall reverse notice of the suspension or revocation not the Chief’s action if the court finds— licensee’s overseas deployment unless the li- later than 1 day after the suspension or rev- ‘‘(A) that the Chief failed to follow any cense is suspended or revoked under sub- ocation. procedure, or take any action, prescribed section (k). ‘‘(B) EFFECTIVE DATE.—If the Chief sus- under this section; ‘‘(o) RECIPROCITY AGREEMENTS.—The Chief pends or revokes a license under this sub- ‘‘(B) that the Chief erroneously interpreted shall enter into reciprocity agreements with section, the suspension or revocation shall a provision of law and a correct interpreta- each other state that requires such an agree- take effect on the date on which the indi- tion compels a different action; ment to grant recognition to a license to vidual whose license has been suspended or ‘‘(C) that the Chief’s action depends on a carry a concealed firearm issued by another revoked receives the notice under subpara- finding of fact that is not supported by sub- state. graph (A). stantial evidence in the record; ‘‘(p) IMMUNITY.— ‘‘(C) DELIVERY OF LICENSE DOCUMENT TO ‘‘(D) if the appeal is regarding a denial, ‘‘(1) IN GENERAL.—The Chief and any des- CHIEF.—Not later than 7 days after the date that the denial was based on factors other ignee or employee who carries out the provi- on which an individual whose license has than the factors under subsection (d); or sions of this section shall be immune from li- been suspended or revoked receives the no- ‘‘(E) if the appeal is regarding a suspension ability arising from any act or omission tice under subparagraph (A), the individual or revocation, that the suspension or revoca- under this section, if the act or omission is shall— tion was based on criteria other than the cri- in good faith. ‘‘(i) deliver the license document person- teria under subsection (k). ‘‘(2) PROVIDERS OF TRAINING COURSES.—A ally or by certified mail to the Chief; or ‘‘(7) RELIEF.— person providing a firearms training course ‘‘(ii) mail a signed statement to the Chief ‘‘(A) IN GENERAL.—The court shall provide in good faith shall be immune from liability stating— whatever relief is appropriate regardless of arising from any act or omission related to ‘‘(I) that the individual no longer has pos- the original form of the petition. the course.’’. session of his or her license document; and ‘‘(B) COSTS AND FEES.—If the court reverses ‘‘(II) the reasons why the individual no the Chief’s action, the court shall order the (b) AUTHORITY TO CARRY FIREARM IN CER- longer has possession of the license docu- Chief to pay the aggrieved individual all TAIN PLACES AND FOR CERTAIN PURPOSES; ment. court costs and reasonable attorney fees. LAWFUL TRANSPORTATION OF FIREARMS.—The ‘‘(l) DEPARTMENTAL REVIEW.—The Chief ‘‘(n) LICENSE EXPIRATION AND RENEWAL.— Act of July 8, 1932 (sec. 22–4501 et seq., D.C. shall promulgate rules providing for the re- ‘‘(1) PERIOD OF VALIDITY.—A license issued Official Code), is amended by inserting after view of any action by the Chief denying an under this section shall be valid for the 5- section 4 the following:

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.055 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8418 CONGRESSIONAL RECORD — SENATE December 3, 2015 ‘‘SEC. 4A. AUTHORITY TO CARRY FIREARM IN of a State and which permits the individual ing, or any part thereof owned or leased by CERTAIN PLACES AND FOR CERTAIN to carry a concealed firearm, may possess or the Department of Defense.’’. PURPOSES. carry a concealed handgun (other than a ma- SEC. 305. LAWFUL POSSESSION OF FIREARMS ON ‘‘Notwithstanding any other law, a person chinegun or destructive device) that has MILITARY INSTALLATIONS BY MEM- not otherwise prohibited by law from ship- been shipped or transported in interstate or BERS OF THE ARMED FORCES. ping, transporting, possessing, or receiving a foreign commerce in any State other than (a) MODIFICATION OF GENERAL ARTICLE.— firearm may carry such firearm, whether the State of residence of the individual Section 934 of title 10, United States Code loaded or unloaded— that— (article 134 of the Uniform Code of Military ‘‘(1) in the person’s dwelling house or place ‘‘(A) has a statute that allows residents of Justice), is amended— of business or on land owned or lawfully pos- the State to obtain licenses or permits to (1) by inserting ‘‘(a) IN GENERAL.—’’ before sessed by the person; carry concealed firearms; or ‘‘Though not specifically mentioned’’; and ‘‘(2) on land owned or lawfully possessed by ‘‘(B) does not prohibit the carrying of con- (2) by adding at the end the following new another person unless the other person has cealed firearms by residents of the State for subsection: ‘‘(b) POSSESSION OF A FIREARM.—The pos- notified the person by posting or individual lawful purposes; and session of a concealed or open carry firearm notice that firearms are not permitted on ‘‘(2) an individual who is not prohibited by by a member of the armed forces subject to the premises; Federal law from possessing, transporting, this chapter on a military installation, if ‘‘(3) while it is being used for lawful rec- shipping, or receiving a firearm, and who is reational, sporting, educational, or training lawful under the laws of the State in which carrying a government-issued photographic the installation is located, is not an offense purposes; or identification document and is entitled and ‘‘(4) while it is being transported for a law- under this section.’’. not prohibited from carrying a concealed (b) MODIFICATION OF REGULATIONS.—Not ful purpose as expressly authorized by Dis- firearm in the State in which the individual later than 30 days after the date of the enact- trict or Federal law and in accordance with resides otherwise than as described in para- ment of this Act, the Secretary of Defense the requirements of that law. graph (1), may possess or carry a concealed shall amend Department of Defense Direc- ‘‘SEC. 4B. LAWFUL TRANSPORTATION OF FIRE- handgun (other than a machinegun or de- tive number 5210.56 to provide that members ARMS. structive device) that has been shipped or of the Armed Forces may possess firearms ‘‘(a) Any person who is not otherwise pro- transported in interstate or foreign com- for defensive purposes on facilities and in- hibited by law from shipping, transporting, merce in any State other than the State of stallations of the Department of Defense in a possessing, or receiving a firearm shall be residence of the individual that— manner consistent with the laws of the State permitted to transport a firearm for any law- ‘‘(A) has a statute that allows residents of in which the facility or installation con- ful purpose from any place where he may the State to obtain licenses or permits to cerned is located. lawfully possess the firearm to any other carry concealed firearms; or SEC. 306. CARRYING OF CONCEALED FIREARMS place where he may lawfully possess the fire- ‘‘(B) does not prohibit the carrying of con- BY QUALIFIED MEMBERS OF THE arm if the firearm is transported in accord- cealed firearms by residents of the State for ARMED FORCES. ance with this section. lawful purposes. (a) IN GENERAL.—Chapter 44 of title 18, ‘‘(b)(1) If the transportation of the firearm ‘‘(b) CONDITIONS AND LIMITATIONS.—The United States Code, as amended by this title, is by a vehicle, the firearm shall be un- possession or carrying of a concealed hand- is amended by inserting after section 926D loaded, and neither the firearm nor any am- gun in a State under this section shall be the following: munition being transported shall be readily subject to the same conditions and limita- ‘‘§ 926E. Carrying of concealed firearms by accessible or directly accessible from the tions, except as to eligibility to possess or qualified members of the Armed Forces passenger compartment of the transporting carry, imposed by or under Federal or State ‘‘(a) DEFINITIONS.—As used in this section— vehicle. law or the law of a political subdivision of a ‘‘(1) the term ‘firearm’— ‘‘(2) If the transporting vehicle does not State, that apply to the possession or car- ‘‘(A) except as provided in this paragraph, have a compartment separate from the driv- rying of a concealed handgun by residents of has the same meaning as in section 921; er’s compartment, the firearm or ammuni- the State or political subdivision who are li- ‘‘(B) includes ammunition not expressly tion shall be contained in a locked container censed by the State or political subdivision prohibited by Federal law or subject to the other than the glove compartment or con- to do so, or not prohibited by the State from provisions of the National Firearms Act; and sole, and the firearm shall be unloaded. doing so. ‘‘(C) does not include— ‘‘(c) If the transportation of the firearm is ‘‘(c) UNRESTRICTED LICENSE OR PERMIT.—In ‘‘(i) any machinegun (as defined in section in a manner other than in a vehicle, the fire- a State that allows the issuing authority for 5845 of the National Firearms Act); arm shall be— licenses or permits to carry concealed fire- ‘‘(ii) any firearm silencer; or ‘‘(1) unloaded; arms to impose restrictions on the carrying ‘‘(iii) any destructive device; and ‘‘(2) inside a locked container; and of firearms by individual holders of such li- ‘‘(2) the term ‘qualified member of the ‘‘(3) separate from any ammunition.’’. censes or permits, an individual carrying a Armed Forces’ means an individual who— (c) EXCEPTIONS TO RESTRICTIONS ON CAR- concealed handgun under this section shall ‘‘(A) is a member of the Armed Forces on RYING CONCEALED WEAPONS.—Section 5(a) of be permitted to carry a concealed handgun active duty status, as defined in section the Act of July 8, 1932 (47 Stat. 650, chapter according to the same terms authorized by 101(d)(1) of title 10; 465; sec. 22–4505(a), D.C. Official Code), is an unrestricted license of or permit issued to ‘‘(B) is not the subject of disciplinary ac- amended— a resident of the State. tion under the Uniform Code of Military Jus- (1) by striking ‘‘pistol unloaded and in a se- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in tice; cure wrapper from’’ and inserting ‘‘firearm, this section shall be construed to preempt ‘‘(C) is not under the influence of alcohol transported in accordance with section 4B, any provision of State law with respect to or another intoxicating or hallucinatory from’’; the issuance of licenses or permits to carry drug or substance; and (2) by striking ‘‘pistol’’ each place it ap- concealed firearms.’’. ‘‘(D) is not prohibited by Federal law from pears and inserting ‘‘firearm’’; and (b) CLERICAL AMENDMENT.—The table of receiving a firearm. (3) by adding at the end the following: sections for chapter 44 of title 18, United ‘‘(b) AUTHORIZATION.—Notwithstanding any ‘‘(7) Any person carrying a firearm who States Code, is amended by inserting after provision of the law of any State or any po- holds— the item relating to section 926C the fol- litical subdivision thereof, an individual who ‘‘(A) a valid license issued under section 6; lowing: is a qualified member of the Armed Forces or and who is carry identification required by ‘‘Sec. 926D. Reciprocity for the carrying of ‘‘(B) any out-of-state license, as defined in subsection (d) may carry a concealed firearm certain concealed firearms.’’. section 1.’’. that has been shipped or transported in (c) EFFECTIVE DATE.—The amendments interstate or foreign commerce, subject to SEC. 303. RECIPROCITY FOR THE CARRYING OF made by this section shall take effect 90 days subsection (c). CERTAIN CONCEALED FIREARMS. after the date of enactment of this Act. (a) IN GENERAL.—Chapter 44 of title 18, ‘‘(c) LIMITATIONS.—This section shall not United States Code, is amended by inserting SEC. 304. FIREARMS PERMITTED ON DEPART- be construed to superseded or limit the laws MENT OF DEFENSE PROPERTY. after section 926C the following: of any State that— Section 930(g)(1) of title 18, United States ‘‘(1) permit private persons or entities to ‘‘§ 926D. Reciprocity for the carrying of cer- Code, is amended— prohibit or restrict the possession of con- tain concealed firearms (1) by striking ‘‘The term ‘Federal facility’ cealed firearms on their property; or ‘‘(a) IN GENERAL.—Notwithstanding any means’’ and inserting the following: ‘‘The ‘‘(2) prohibit or restrict the possession of provision of the law of any State or political term ‘Federal facility’— firearms on any State or local government subdivision thereof to the contrary— ‘‘(A) means’’; property, installation, building, base, or ‘‘(1) an individual who is not prohibited by (2) by striking the period at the end and in- park. Federal law from possessing, transporting, serting ‘‘; and’’; and ‘‘(d) IDENTIFICATION.—The identification shipping, or receiving a firearm, and who is (3) by adding at the end the following: required by this subsection is the photo- carrying a government-issued photographic ‘‘(B) with respect to a qualified member of graphic identification issued by the Depart- identification document and a valid license the Armed Forces, as defined in section ment of Defense for the qualified member of or permit which is issued pursuant to the law 926E(a), does not include any land, a build- the Armed Forces.’’.

VerDate Sep 11 2014 07:43 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.055 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8419

(b) TECHNICAL AND CONFORMING AMEND- (2) by repealing sections 202 through 211 cial Code) is amended by striking ‘‘(a) No MENT.—The table of sections for chapter 44 of (secs. 7–2502.02 through 7–2502.11, D.C. Official person’’ and all that follows and inserting title 18, United States Code, as amended by Code). the following: ‘‘No person who is prohibited this title, is amended by inserting after the SEC. 310. REPEAL OF REDUNDANT DEALER LI- by Federal law from possessing a firearm item relating to section 926D the following: CENSING REQUIREMENT AND PRO- shall possess ammunition in the District of ‘‘926E. Carrying of concealed firearms by VISION FOR THE LAWFUL SALE OF Columbia.’’. qualified members of the Armed FIREARMS BY FEDERALLY LI- SEC. 312. RESTORATION OF RIGHT OF SELF DE- CENSED DEALERS. Forces.’’. FENSE IN THE HOME. (a) REPEAL OF REQUIREMENT.— Section 702 of the Firearms Control Regu- SEC. 307. REFORMING D.C. COUNCIL’S AUTHOR- (1) IN GENERAL.—Section 401 of the Fire- lations Act of 1975 (sec. 7–2507.02, D.C. Offi- ITY TO RESTRICT FIREARMS. arms Control Regulations Act of 1975 (sec. 7– cial Code) is repealed. Section 4 of the Act entitled ‘‘An Act to 2504.01, D.C. Official Code) is amended by SEC. l313. REMOVAL OF CRIMINAL PENALTIES prohibit the killing of wild birds and wild striking ‘‘(a) No person’’ and all that follows FOR POSSESSION OF UNREGIS- animals in the District of Columbia’’ , ap- and inserting the following: TERED FIREARMS AND CERTAIN AM- proved June 30, 1906 (34 Stat. 809; sec. 1– ‘‘(a) No person or organization shall engage MUNITION. 303.43, D.C. Official Code), is amended by add- in the business of dealing, importing, or (a) IN GENERAL.—Section 706 of the Fire- ing at the end the following: ‘‘Nothing in manufacturing firearms without complying arms Control Regulations Act of 1975 (sec. 7– this section or any other provision of law with the requirements of Federal law. 2507.06, D.C. Official Code) is amended— shall authorize, or shall be construed to per- ‘‘(b) Any dealer who is in compliance with (1) by striking ‘‘except that’’ and all that mit, the Council, the Mayor, or any govern- Federal law may sell or otherwise transfer a follows through ‘‘A person who knowingly’’ mental or regulatory authority of the Dis- firearm to any person or organization not and inserting the following: ‘‘except that a trict of Columbia to prohibit, constructively otherwise prohibited from possessing or re- person who knowingly’’; and prohibit, or unduly burden the ability of per- ceiving such firearm under Federal law. In (2) by striking paragraphs (2) and (3). sons not prohibited from possessing firearms the case of a sale or transfer of a handgun to (b) EFFECTIVE DATE.—The amendment under Federal law from acquiring, possessing a resident of the District of Columbia, a fed- made by subsection (a) shall apply with re- spect to any violation that occurs after the in their homes or businesses, carrying, trans- erally licensed importer, manufacturer, or date that is 60 days after the date of enact- porting, or using for sporting, self-protec- dealer of firearms in Maryland or Virginia ment of this Act. tion, or other lawful purposes, any firearm shall be treated as a dealer licensed under neither prohibited by Federal law nor sub- the provisions of this Act for purposes of the SEC. 314. REGULATING INOPERABLE PISTOLS AND HARMONIZING DEFINITIONS ject to chapter 53 of the Internal Revenue previous sentence, notwithstanding section Code of 1986 (commonly referred to as the FOR CERTAIN TYPES OF FIREARMS. 922(b)(3) of title 18, United States Code, if the Section 1 of the Act of July 8, 1932 (47 Stat. ‘National Firearms Act’). The District of Co- transferee meets in person with the trans- 650, chapter 465; sec. 22–4501, D.C. Official lumbia shall not have authority to enact feror to accomplish the transfer, and the Code), is amended— laws or regulations that discourage or elimi- sale, delivery, and receipt fully comply with (1) by redesignating paragraph (1) as para- nate the private ownership or use of firearms the legal conditions of sale in both the Dis- graph (1)(A); for legitimate purposes.’’. trict of Columbia and the jurisdiction in (2) by inserting before paragraph (1)(A), as SEC. l308. REPEAL OF D.C. SEMIAUTOMATIC which the transfer occurs.’’. redesignated, the following: BAN. (2) PROVIDING FOR THE LAWFUL SALE OF ‘‘(1) ‘Chief’ shall have the same meaning as Section 101(10) of the Firearms Control FIREARMS.—Section 501 of the Firearms Con- provided in section 101(4) of the Firearms Regulations Act of 1975 (sec. 7–2501.01(10), trol Regulations Act of 1975 (sec. 7–2505.01, Control Regulations Act of 1975 (sec. 7– D.C. Official Code) is amended to read as fol- D.C. Official Code) is amended by striking ‘‘, 2501.01(4), D.C. Official Code).’’; lows: destructive device or ammunition’’ and all (3) by inserting after paragraph (2) the fol- ‘‘(10) ‘Machine gun’ means any firearm that follows and inserting the following: ‘‘or lowing: which shoots, is designed to shoot, or can be ammunition to any person if the seller or ‘‘(2A) ‘Firearm’— readily restored to shoot, automatically transferor knows or has reasonable cause to ‘‘(A) means any weapon, regardless of oper- more than one shot, without manual reload- believe that such person is prohibited by ability, which will, or is designed or rede- ing, by a single function of the trigger. The Federal law from possessing or receiving a signed, made or remade, readily converted, term ‘machine gun’ shall also include the firearm.’’. restored, or repaired, or is intended to, expel frame or receiver of any such firearm, any (b) CONFORMING AMENDMENTS TO FIREARMS a projectile or projectiles by the action of an part designed and intended solely and exclu- CONTROL REGULATIONS ACT.—The Firearms explosive; and sively, or combination of parts designed and Control Regulations Act of 1975 is amended— ‘‘(B) does not include— intended, for use in converting a firearm into (1) by repealing sections 402 through 409 ‘‘(i) a destructive device, as defined in sec- a machine gun, and any combination of parts (secs. 7–2504.02 through 7–2504.09, D.C. Official tion 101(7) of the Firearms Control Regula- from which a machine gun can be assembled Code); tions Act of 1975 (sec. 7–2501.01(7), D.C. Offi- if such parts are in the possession or under (2) by repealing section 502 (sec. 7–2505.02, cial Code); the control of a person.’’. D.C. Official Code); ‘‘(ii) a device used exclusively for line SEC. 309. REPEAL OF REGISTRATION REQUIRE- (3) in section 701 (sec. 7–2507.01, D.C. Offi- throwing, signaling, or safety, and required MENT AND AUTHORIZATION OF AM- cial Code)— or recommended by the Coast Guard or MUNITION SALES. (A) in subsection (a), by striking ‘‘firearm, Interstate Commerce Commission; or (a) REPEAL OF REQUIREMENT.— destructive device, or ammunition’’ and in- ‘‘(iii) a device used exclusively for firing (1) IN GENERAL.—Section 201(a) of the Fire- serting ‘‘destructive device’’; and explosive rivets, stud cartridges, or similar arms Control Regulations Act of 1975 (sec. 7– (B) in subsection (b), by striking ‘‘, any industrial ammunition and incapable for use 2502.01(a), D.C. Official Code) is amended by firearm, destructive device, or ammunition.’’ as a weapon.’’; striking ‘‘any firearm, unless’’ and all that and inserting ‘‘any destructive device.’’; and (4) by inserting after paragraph (3) the fol- follows through paragraph (3) and inserting (4) by repealing section 704 (sec. 7–2507.04, lowing: the following: ‘‘any firearm described in sub- D.C. Official Code). ‘‘(3A) ‘Licensee’ means an individual hold- section (c).’’. (c) OTHER CONFORMING AMENDMENTS.—The ing a valid license issued under the provi- (2) DESCRIPTION OF FIREARMS REMAINING IL- Act of July 8, 1932 (47 Stat. 650, chapter 465; sions of section 6 of the Act of July 8, 1932 LEGAL.—Section 201 of the Firearms Control sec. 22–4501 et seq., D.C. Official Code), is (sec. 22–4506, D.C. Official Code).’’; Regulations Act of 1975 (sec. 7–2502.01, D.C. amended— (5) by striking paragraph (4) and inserting Official Code) is amended by adding at the (1) in section 3 (sec. 22–4503, D.C. Official the following: end the following: Code)— ‘‘(4) ‘Machine gun’ shall have the same ‘‘(c) A firearm described in this subsection (A) in subsection (a), by striking ‘‘if the meaning as provided in section 101(10) of the is any of the following: person’’ and all that follows and inserting ‘‘if Firearms Control Regulations Act of 1975 ‘‘(1) A sawed-off shotgun. the person is prohibited from possessing a (sec. 7–2501.01(10), D.C. Official Code).’’; ‘‘(2) A machine gun. firearm under Federal law.’’; (6) by inserting after paragraph (4) the fol- ‘‘(3) A short-barreled rifle.’’. (B) in subsection (b)(1), by striking ‘‘sub- lowing: (3) CONFORMING AMENDMENT.—The heading section (a)(1)’’ and inserting ‘‘subsection ‘‘(4A) ‘Motor vehicle’ shall have the mean- of section 201 of the Firearms Control Regu- (a)’’; and ing provided in section 101(4) of the Depart- lations Act of 1975 (sec. 7–2502.01, D.C. Offi- (C) by repealing subsections (c) and (d); and ment of Motor Vehicles Reform Amendment cial Code) is amended by striking ‘‘REGISTRA- (2) by repealing sections 7 through 10 (secs. Act of 2004 (sec. 50–1331.01(4), D.C. Official TION REQUIREMENTS’’ and inserting ‘‘FIREARM 22–4507 through 22–4510, D.C. Official Code). Code). POSSESSION’’. SEC. 311. HARMONIZATION OF D.C. LAW AND FED- ‘‘(4B) ‘Out-of-state license’ means a valid (b) CONFORMING AMENDMENTS TO FIREARMS ERAL LAW REGARDING THE POSSES- permit, license, approval, or other authoriza- CONTROL REGULATIONS ACT.—The Firearms SION OF AMMUNITION AND AMMUNI- tion issued by a state or territory of the Control Regulations Act of 1975 is amended— TION FEEDING DEVICES. United States that authorizes the licensee to (1) in section 101 (sec. 7–2501.01, D.C. Offi- Section 601 of the Firearms Control Regu- carry a firearm concealed on or about the cial Code), by striking paragraph (13); and lations Act of 1975 (sec. 7–2506.01, D.C. Offi- person.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.055 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8420 CONGRESSIONAL RECORD — SENATE December 3, 2015 ‘‘(4C) ‘Out-of-state licensee’ means an indi- (3) The Firearms Registration Amendment real property owned or leased by the Federal vidual who is 21 years of age or over, who is Act of 2008 (D.C. Law 17–372). Government.’’; and not a District resident, and who has been (4) The Inoperable Pistol Amendment Act (2) in subsection (g), by adding at the end issued an out-of-state license.’’; of 2008 (D.C. Law 17–388). the following: (7) by striking paragraph (6) and inserting (5) The Firearms Amendment Act of 2012 ‘‘(4) The term ‘publically accessible, non- the following: (D.C. Law 19–170). sensitive area’ means an area in which the ‘‘(6) ‘Pistol’ shall have the same meaning (6) The Administrative Disposition for Federal Government has not implemented as provided in section 101(12) of the Firearms Weapons Offenses Amendment Act of 2012 security measures, including metal detection Control Regulations Act of 1975 (sec. 7– (D.C. Law 19–295). devices, x-ray or other scanning devices, or 2501.01(12), D.C. Official Code).’’; (7) The License to Carry a Pistol Second card-based or biometric access devices, at a (8) by inserting after paragraph (6) the fol- Emergency Amendment Act of 2014 (D.C. Act point of entry.’’. lowing: A20–0564). SEC. 321. SEVERABILITY. ‘‘(6A) ‘Place of business’ shall have the (8) The License to Carry a Pistol Tem- Notwithstanding any other provision of same meaning as provided in section 101(12A) porary Amendment Act of 2014 (D.C. Law 20– this title, if any provision of this title, or of the Firearms Control Regulations Act of 169). any amendment made by this title, or the 1975 (sec. 7–2501.01(12A), D.C. Official Code).’’; (9) The License to Carry a Pistol Amend- application of such provision or amendment (9) by striking paragraph (8) and inserting ment Act of 2014 (D.C. Act A20–0621). to any person or circumstance is held to be the following: SEC. 319. REPEAL OF FEDERAL INTERSTATE unconstitutional, the other provisions of this ‘‘(8) ‘Sawed-off shotgun’ shall have the HANDGUN TRANSFER BAN. title and any other amendments made by same meaning as provided in section 101(15) (a) IN GENERAL.—Section 922 of title 18, this title, and the application of such provi- of the Firearms Control Regulations Act of United States Code, is amended— sion or amendment to other persons or cir- 1975 (sec. 7–2501.01(15), D.C. Official Code).’’; (1) in subsection (a)— cumstances, shall not be affected thereby. and (A) in paragraph (2)(A), by striking ‘‘and (10) by inserting after paragraph (9) the fol- subsection (b)(3)’’; Mr. McCONNELL submitted lowing: SA 2916. (B) by striking paragraphs (3) and (5); an amendment intended to be proposed ‘‘(9A) ‘Shotgun’ shall have the same mean- (C) by redesignating paragraph (4) as para- ing as provided in section 101(16) of the Fire- graph (3); to amendment SA 2874 proposed by Mr. arms Control Regulations Act of 1975 (sec. 7– (D) by redesignating paragraphs (6) MCCONNELL to the bill H.R. 3762, to 2501.01(16), D.C. Official Code).’’. through (9) as paragraphs (4) through (7), re- provide for reconciliation pursuant to SEC. 315. PROHIBITIONS OF FIREARMS FROM spectively; and section 2002 of the concurrent resolu- PRIVATE AND SENSITIVE PUBLIC (E) in paragraph (6), as redesignated, by tion on the budget for fiscal year 2016; PROPERTY. adding ‘‘and’’ at the end; and as follows: The Act of July 8, 1932 (47 Stat. 650, chap- (2) in subsection (b)— Strike all after the first word and insert ter 465; sec. 22–4501 et seq., D.C. Official (A) by striking paragraph (3); the following: Code), is amended by inserting after section (B) by redesignating paragraphs (4) and (5) 3 the following: as paragraphs (3) and (4); and I—HEALTH, EDUCATION, LABOR, AND ‘‘SEC. 3A. PROHIBITIONS OF FIREARMS FROM (C) in the flush text following paragraph PENSIONS PRIVATE AND SENSITIVE PUBLIC (4), as redesignated— SEC. 101. THE PREVENTION AND PUBLIC HEALTH PROPERTY. (i) by striking ‘‘(3), and (4)’’ and inserting FUND. ‘‘(a) Private persons or entities owning ‘‘and (3)’’; and (a) IN GENERAL.—Subsection (b) of section property in the District of Columbia may (ii) by striking ‘‘(4)’’ and inserting ‘‘(3)’’. 4002 of the Patient Protection and Affordable prohibit or restrict the possession of fire- (b) CONFORMING AMENDMENTS.— Care Act (42 U.S.C. 300u–11) is amended— arms on their property by any persons, other (1) Title 18, United States Code, is amend- (1) in paragraph (2), by striking ‘‘2017’’ and than law enforcement personnel when law- ed— inserting ‘‘2015’’; and fully authorized to enter onto the property (A) in section 924— (2) by striking paragraphs (3) through (5). or lessees occupying residential or business (i) in subsection (a)— (b) RESCISSION OF UNOBLIGATED FUNDS.—Of premises. (I) in paragraph (1)(B), by striking ‘‘(a)(4)’’ the funds made available by such section ‘‘(b) The District of Columbia may prohibit and inserting ‘‘(a)(3)’’; and 4002, the unobligated balance is rescinded. or restrict the possession of firearms within (II) in paragraph (2), by striking ‘‘(a)(6)’’ any building or structure under its control, SEC. 102. COMMUNITY HEALTH CENTER PRO- and inserting ‘‘(a)(4)’’; and GRAM. or in any area of such building or structure, (ii) in subsection (d)— Effective as if included in the enactment of that has implemented security measures (in- (I) in paragraph (1), by striking ‘‘(a)(4), the Medicare Access and CHIP Reauthoriza- cluding guard posts, metal detection devices, (a)(6)’’ and inserting ‘‘(a)(3), (a)(4)’’; and tion Act of 2015 (Public Law 114–10, 129 Stat. x-ray or other scanning devices, or card- (II) in paragraph (3)(C), by striking ‘‘sec- 87), paragraph (1) of section 221(a) of such based or biometric access devices) to identify tion 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3)’’ Act is amended by inserting after ‘‘Section and exclude unauthorized or hazardous per- each place that term appears and inserting 10503(b)(1)(E) of the Patient Protection and sons or articles, except that no such prohibi- ‘‘section 922(a)(1)’’; and Affordable Care Act (42 U.S.C. 254b–2(b)(1)(E)) tion or restriction may apply to lessees occu- (B) in section 1028A(c)(3), by striking ‘‘sec- is amended’’ the following: ‘‘by striking pying residential or business premises.’’. tion 922(a)(6)’’ and inserting ‘‘section ‘$3,600,000,000’ and inserting ‘$3,835,000,000’ 922(a)(4)’’. SEC. 316. INCLUDING TOY AND ANTIQUE PISTOLS and’’. IN PROHIBITION AGAINST USING AN (2) Section 4182(d) of the Internal Revenue IMITATION FIREARM TO COMMIT A Code of 1986 is amended by striking SEC. 104. TERRITORIES. VIOLENT OR DANGEROUS CRIME. ‘‘922(b)(5)’’ and inserting ‘‘922(b)(4)’’. Section 1323(c) of the Patient Protection Section 13 of the Act of July 8, 1932 (sec. (3) Section 40733 of title 36, United States and Affordable Care Act (42 U.S.C. 18043(c)) is 22–4513, D.C. Official Code), is amended by Code, is amended by striking ‘‘Section amended by adding at the end the following: striking ‘‘section 2 and section 14(b)’’ and in- 922(a)(1)–(3) and (5) of title 18 does not’’ and ‘‘(3) NO FORCE AND EFFECT.—Effective Janu- serting ‘‘sections 2, 4(b), and 14(b)’’. inserting ‘‘Paragraphs (1), (2), and (4) of sec- ary 1, 2018, this subsection shall have no SEC. 317. REPEAL OF GUN OFFENDER REGISTRY. tion 922(a) of title 18 shall not’’. force or effect.’’. Title VIII of the Firearms Control Regula- (4) Section 161A(b) of the Atomic Energy SEC. 105. REINSURANCE, RISK CORRIDOR, AND tions Act of 1975 (sec. 7–2508.01 et seq., D.C. Act of 1954 (42 U.S.C. 2201a(b)) is amended by RISK ADJUSTMENT PROGRAMS. Official Code), as added by section 205 of the striking ‘‘subsections (a)(4), (a)(5), (b)(2), (a) TRANSITIONAL REINSURANCE PROGRAM Omnibus Public Safety and Justice Amend- (b)(4), and (o) of section 922’’ and inserting FOR INDIVIDUAL MARKET.—Section 1341 of the ment Act of 2009 (D.C. Law 18–88), is re- ‘‘subsections (a)(3), (b)(2), (b)(3), and (o) of Patient Protection and Affordable Care Act pealed. section 922’’. (42 U.S.C. 18061) is amended by adding at the SEC. 318. REPEALS OF DISTRICT OF COLUMBIA SEC. 320. FIREARMS PERMITTED ON FEDERAL end the following: ACTS. PROPERTY. ‘‘(e) NO FORCE AND EFFECT.—Effective Jan- Effective on the day before the date of the Section 930 of title 18, United States Code, uary 1, 2016, the Secretary shall not collect enactment of this Act, each of the following is amended— fees and shall not make payments under this Acts is repealed, and any provision of law (1) in subsection (d)— section.’’. amended or repealed by any of such Acts is (A) in paragraph (2), by striking ‘‘or’’ at (b) RISK CORRIDORS FOR PLANS IN INDI- restored or revived as if such Act had not the end; VIDUAL AND SMALL GROUP MARKETS.—Sec- been enacted into law: (B) in paragraph (3), by striking the period tion 1342 of the Patient Protection and Af- (1) The Assault Weapon Manufacturing at the end and inserting ‘‘; or’’; and fordable Care Act (42 U.S.C. 18062) is amend- Strict Liability Act of 1990 (D.C. Law 8–263). (C) by adding at the end the following: ed by adding at the end the following: (2) The Illegal Firearm Sale and Distribu- ‘‘(4) the lawful storage or possession of a ‘‘(d) NO FORCE AND EFFECT.—Effective Jan- tion Strict Liability Act of 1992 (D.C. Law 9– firearm or other dangerous weapon within a uary 1, 2016, this section shall have no force 115). publically accessible, non-sensitive area of or effect.’’.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.055 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8421

SEC. 106. SUPPORT FOR STATE RESPONSE TO (e) EFFECTIVE DATES.— engaged in family planning services, repro- SUBSTANCE ABUSE PUBLIC HEALTH (1) PREMIUM TAX CREDIT.—The amendment ductive health, and related medical care; and CRISIS AND URGENT MENTAL made by subsection (a) shall apply to taxable (iii) provides for abortions, other than an HEALTH NEEDS. years beginning after December 31, 2017. abortion— (a) IN GENERAL.—There are authorized to (2) COST SHARING-SUBSIDIES AND ELIGIBILITY (I) if the pregnancy is the result of an act be appropriated, and are appropriated, out of DETERMINATIONS.—The repeals in subsection monies in the Treasury not otherwise obli- of rape or incest; or gated, $750,000,000 for each of fiscal years 2016 (b) and (c) shall take effect on December 31, (II) in the case where a woman suffers from and 2017, to the Secretary of Health and 2017. a physical disorder, physical injury, or phys- Human Services (referred to in this section (3) PROTECTING AMERICANS BY RESCINDING ical illness that would, as certified by a phy- as the ‘‘Secretary’’) to award grants to DISCLOSURE AUTHORITY.—The amendments sician, place the woman in danger of death States to address the substance abuse public made by subsection (d) shall take effect on unless an abortion is performed, including a health crisis or to respond to urgent mental December 31, 2017. life-endangering physical condition caused health needs within the State. In awarding SEC. 203. SMALL BUSINESS TAX CREDIT. by or arising from the pregnancy itself; and grants under this section, the Secretary may (a) IN GENERAL.—Section 45R of the Inter- (B) for which the total amount of Federal give preference to States with an incidence nal Revenue Code of 1986 is amended by add- and State expenditures under the Medicaid or prevalence of substance use disorders that ing at the end the following new subsection: program under title XIX of the Social Secu- is substantial relative to other States or to ‘‘(j) SHALL NOT APPLY.—This section shall rity Act in fiscal year 2014 made directly to States that identify mental health needs not apply with respect to amounts paid or the entity and to any affiliates, subsidiaries, within their communities that are urgent incurred in taxable years beginning after De- successors, or clinics of the entity, or made relative to such needs of other States. Funds cember 31, 2017.’’. to the entity and to any affiliates, subsidi- appropriated under this subsection shall re- (b) EFFECTIVE DATE.—The amendment aries, successors, or clinics of the entity as main available until expended. made by this section shall apply to amounts part of a nationwide health care provider (b) USE OF FUNDS.—Grants awarded to a paid or incurred in taxable years beginning network, exceeded $350,000,000. State under subsection (a) shall be used for after December 31, 2017. (2) DIRECT SPENDING.—The term ‘‘direct one or more of the following public health- SEC. 204. INDIVIDUAL MANDATE. spending’’ has the meaning given that term related activities: (a) IN GENERAL.—Section 5000A(c) of the In- under section 250(c) of the Balanced Budget (1) Improving State prescription drug mon- ternal Revenue Code of 1986 is amended— and Emergency Deficit Control Act of 1985 (2 itoring programs. (1) in paragraph (2)(B) by striking clauses U.S.C. 900(c)). (2) Implementing prevention activities, (ii) and (iii) and inserting the following: SEC. 207. MEDICAID. and evaluating such activities to identify ef- ‘‘(ii) Zero percent for taxable years begin- The Social Security Act (42 U.S.C. 301 et fective strategies to prevent substance ning after 2014.’’, and seq.) is amended— abuse. (2) in paragraph (3)— (1) in section 1108(g)(5), by striking ‘‘2019’’ (3) Training for health care practitioners, (A) by striking ‘‘$695’’ in subparagraph (A) and inserting ‘‘2017’’; such as best practices for prescribing opioids, and inserting ‘‘$0’’, (2) in section 1902— pain management, recognizing potential (B) by striking ‘‘and $325 for 2015’’ in sub- (A) in subsection (a)(10)(A), in each of cases of substance abuse, referral of patients paragraph (B), and clauses (i)(VIII) and (ii)(XX), by inserting to treatment programs, and overdose preven- (C) by striking subparagraph (D). ‘‘and ending December 31, 2017,’’ after ‘‘Janu- tion. (b) EFFECTIVE DATE.—The amendments ary 1, 2014,’’; (4) Supporting access to health care serv- made by this section shall apply to months (B) in subsection (a)(47)(B), by inserting ices provided by federally certified opioid beginning after December 31, 2014. ‘‘and provided that any such election shall treatment programs or other appropriate SEC. 205. EMPLOYER MANDATE. cease to be effective on January 1, 2018, and health care providers to treat substance use (a) IN GENERAL.— no such election shall be made after that disorders or mental health needs. (1) Paragraph (1) of section 4980H(c) of the date’’ before the semicolon at the end; and (5) Other public health-related activities, Internal Revenue Code of 1986 is amended by (C) in subsection (l)(2)(C), by inserting as the State determines appropriate, related inserting ‘‘($0 in the case of months begin- ‘‘and ending December 31, 2017,’’ after ‘‘Janu- to addressing the substance abuse public ning after December 31, 2014)’’ after ‘‘$2,000’’. ary 1, 2014,’’; health crisis or responding to urgent mental (2) Paragraph (1) of section 4980H(b) of the (3) in each of sections 1902(gg)(2) and health needs within the State. Internal Revenue Code of 1986 is amended by 2105(d)(3)(A), by striking ‘‘September 30, TITLE II—FINANCE inserting ‘‘($0 in the case of months begin- 2019’’ and inserting ‘‘September 30, 2017’’; SEC. 201. RECAPTURE EXCESS ADVANCE PAY- ning after December 31, 2014)’’ after ‘‘$3,000’’. (4) in section 1905— MENTS OF PREMIUM TAX CREDITS. (b) EFFECTIVE DATE.—The amendments (A) in the first sentence of subsection (b), Subparagraph (B) of section 36B(f)(2) of the made by this section shall apply to months by inserting ‘‘(50 percent on or after January Internal Revenue Code of 1986 is amended by beginning after December 31, 2014. 1, 2018)’’ after ‘‘55 percent’’; adding at the end the following new clause: SEC. 206. FEDERAL PAYMENTS TO STATES. (B) in subsection (y)(1), by striking the ‘‘(iii) NONAPPLICABILITY OF LIMITATION.— (a) IN GENERAL.—Notwithstanding section semicolon at the end of subparagraph (B) and This subparagraph shall not apply to taxable 504(a), 1902(a)(23), 1903(a), 2002, 2005(a)(4), all that follows through ‘‘thereafter’’; and years ending after December 31, 2015, and be- 2102(a)(7), or 2105(a)(1) of the Social Security (C) in subsection (z)(2)— fore January 1, 2018.’’. Act (42 U.S.C. 704(a), 1396a(a)(23), 1396b(a), (i) in subparagraph (A), by striking ‘‘each SEC. 202. PREMIUM TAX CREDIT AND COST-SHAR- 1397a, 1397d(a)(4), 1397bb(a)(7), 1397ee(a)(1)), or year thereafter’’ and inserting ‘‘through ING SUBSIDIES. the terms of any Medicaid waiver in effect on 2017’’; and (a) REPEAL OF PREMIUM TAX CREDIT.—Sub- the date of enactment of this Act that is ap- (ii) in subparagraph (B)(ii), by striking the part C of part IV of subchapter A of chapter proved under section 1115 or 1915 of the So- semicolon at the end of subclause (IV) and 1 of the Internal Revenue Code of 1986 is cial Security Act (42 U.S.C. 1315, 1396n), for all that follows through ‘‘100 percent’’; amended by striking section 36B. (5) in section 1915(k)(2), by striking ‘‘during (b) REPEAL OF COST-SHARING SUBSIDY.— the 1-year period beginning on the date of Section 1402 of the Patient Protection and enactment of this Act, no Federal funds pro- the period described in paragraph (1)’’ and in- Affordable Care Act is repealed. vided from a program referred to in this sub- serting ‘‘on or after the date referred to in (c) REPEAL OF ELIGIBILITY DETERMINA- section that is considered direct spending for paragraph (1) and before January 1, 2018’’; TIONS.—The following sections of the Patient any year may be made available to a State (6) in section 1920(e), by adding at the end Protection and Affordable Care Act are re- for payments to a prohibited entity, whether the following: ‘‘This subsection shall not pealed: made directly to the prohibited entity or apply after December 31, 2017.’’; (1) Section 1411 (other than subsection (i), through a managed care organization under (7) in section 1937(b)(5), by adding at the the last sentence of subsection (e)(4)(A)(ii), contract with the State. end the following: ‘‘This paragraph shall not and such provisions of such section solely to (b) DEFINITIONS.—In this section: apply after December 31, 2017.’’; and the extent related to the application of the (1) PROHIBITED ENTITY.—The term ‘‘prohib- (8) in section 1943(a), by inserting ‘‘and be- last sentence of subsection (e)(4)(A)(ii)). ited entity’’ means an entity, including its fore January 1, 2018,’’ after ‘‘January 1, (2) Section 1412. affiliates, subsidiaries, successors, and clin- 2014,’’. (d) PROTECTING AMERICANS BY REPEAL OF ics— SEC. 208. REPEAL OF DSH ALLOTMENT REDUC- DISCLOSURE AUTHORITY TO CARRY OUT ELIGI- (A) that, as of the date of enactment of TIONS. BILITY REQUIREMENTS FOR CERTAIN PRO- this Act— Section 1923(f) of the Social Security Act GRAMS.— (i) is an organization described in section (42 U.S.C. 1396r–4(f)) is amended by striking (1) IN GENERAL.—Paragraph (21) of section 501(c)(3) of the Internal Revenue Code of 1986 paragraphs (7) and (8). 6103(l) of the Internal Revenue Code of 1986 is and exempt from tax under section 501(a) of SEC. 209. REPEAL OF THE TAX ON EMPLOYEE amended by adding at the end the following such Code; HEALTH INSURANCE PREMIUMS new subparagraph: (ii) is an essential community provider de- AND HEALTH PLAN BENEFITS. ‘‘(D) TERMINATION.—No disclosure may be scribed in section 156.235 of title 45, Code of (a) IN GENERAL.—Chapter 43 of the Internal made under this paragraph after December Federal Regulations (as in effect on the date Revenue Code of 1986 is amended by striking 31, 2017.’’. of enactment of this Act), that is primarily section 4980I.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.062 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8422 CONGRESSIONAL RECORD — SENATE December 3, 2015

(b) EFFECTIVE DATE.—The amendment ing at the end the following new sentence: (g) EFFECTIVE DATE.—The repeals made by made by subsection (a) shall apply to taxable ‘‘This section shall not be taken into ac- this section shall apply to transactions en- years beginning after December 31, 2017. count for purposes of determining whether tered into, and to underpayments, under- (c) SUBSEQUENT EFFECTIVE DATE.—The any deduction is allowable with respect to statements, or refunds and credits attrib- amendment made by subsection (a) shall not any cost taken into account in determining utable to transactions entered into, after De- apply to taxable years beginning after De- such payment.’’. cember 31, 2015. cember 31, 2024, and chapter 43 of the Inter- (b) EFFECTIVE DATE.—The amendment SEC. 223. BUDGETARY SAVINGS FOR EXTENDING nal Revenue Code of 1986 is amended to read made by this section shall apply to taxable MEDICARE SOLVENCY. as such chapter would read if such sub- years beginning after December 31, 2015. As a result of policies contained in this section had never been enacted. SEC. 217. REPEAL OF CHRONIC CARE TAX. Act, the Secretary of the Treasury shall SEC. 210. REPEAL OF TAX ON OVER-THE- (a) IN GENERAL.—Subsection (a) of section transfer to the Federal Hospital Insurance COUNTER MEDICATIONS. 213 of the Internal Revenue Code of 1986 is Trust Fund under section 1817 of the Social (a) HSAS.—Subparagraph (A) of section amended by striking ‘‘10 percent’’ and insert- Security Act (42 U.S.C. 1395i) $379,300,000,000 223(d)(2) of the Internal Revenue Code of 1986 ing ‘‘7.5 percent’’. (which represents the full amount of on- is amended by striking ‘‘Such term’’ and all (b) EFFECTIVE DATE.—The amendment budget savings during the period of fiscal that follows through the period. made by this section shall apply to taxable years 2016 through 2025) for extending Medi- (b) ARCHER MSAS.—Subparagraph (A) of years beginning after December 31, 2015. care solvency, to remain available until ex- section 220(d)(2) of the Internal Revenue SEC. 218. REPEAL OF MEDICARE TAX INCREASE. pended. Code of 1986 is amended by striking ‘‘Such (a) IN GENERAL.—Subsection (b) of section term’’ and all that follows through the pe- 3101 of the Internal Revenue Code of 1986 is SA 2917. Mr. REID submitted an riod. amended to read as follows: amendment intended to be proposed to (c) HEALTH FLEXIBLE SPENDING ARRANGE- ‘‘(b) HOSPITAL INSURANCE.—In addition to amendment SA 2916 submitted by Mr. MENTS AND HEALTH REIMBURSEMENT AR- the tax imposed by the preceding subsection, MCCONNELL to the amendment SA 2874 RANGEMENTS.—Section 106 of the Internal there is hereby imposed on the income of proposed by Mr. MCCONNELL to the bill Revenue Code of 1986 is amended by striking every individual a tax equal to 1.45 percent H.R. 3762, to provide for reconciliation subsection (f). of the wages (as defined in section 3121(a)) re- (d) EFFECTIVE DATES.— pursuant to section 2002 of the concur- ceived by such individual with respect to em- (1) DISTRIBUTIONS FROM SAVINGS AC- rent resolution on the budget for fiscal ployment (as defined in section 3121(b).’’. COUNTS.—The amendments made by sub- (b) SECA.—Subsection (b) of section 1401 of year 2016; as follows: sections (a) and (b) shall apply to amounts the Internal Revenue Code of 1986 is amended In section 209, strike subsection (c). paid with respect to taxable years beginning to read as follows: after December 31, 2015. ‘‘(b) HOSPITAL INSURANCE.—In addition to SA 2918. Mr. MURPHY (for himself (2) REIMBURSEMENTS.—The amendment the tax imposed by the preceding subsection, and Ms. STABENOW) submitted an made by subsection (c) shall apply to ex- there shall be imposed for each taxable year, amendment intended to be proposed to penses incurred with respect to taxable years on the self-employment income of every in- beginning after December 31, 2015. amendment SA 2916 submitted by Mr. dividual, a tax equal to 2.9 percent of the MCCONNELL to the amendment SA 2874 SEC. 211. REPEAL OF TAX ON HEALTH SAVINGS amount of the self-employment income for proposed by Mr. MCCONNELL to the bill ACCOUNTS. such taxable year.’’. H.R. 3762, to provide for reconciliation (a) HSAS.—Section 223(f)(4)(A) of the Inter- (c) EFFECTIVE DATE.—The amendments nal Revenue Code of 1986 is amended by made by this section shall apply with respect pursuant to section 2002 of the concur- striking ‘‘20 percent’’ and inserting ‘‘10 per- to remuneration received after, and taxable rent resolution on the budget for fiscal cent’’. years beginning after, December 31, 2015. year 2016; as follows: (b) ARCHER MSAS.—Section 220(f)(4)(A) of SEC. 219. REPEAL OF TANNING TAX. At the end of section 202, add the fol- the Internal Revenue Code of 1986 is amended lowing: by striking ‘‘20 percent’’ and inserting ‘‘15 (a) IN GENERAL.—The Internal Revenue (f) NONAPPLICATION.— percent’’. Code of 1986 is amended by striking chapter 49. (1) IN GENERAL.—The amendments made by (c) EFFECTIVE DATE.—The amendments this section shall not take effect if such made by this section shall apply to distribu- (b) EFFECTIVE DATE.—The amendment amendments would result in an increase of tions made after December 31, 2015. made by this section shall apply to services performed on or after December 31, 2015. Federal tax liability of any individual de- SEC. 212. REPEAL OF LIMITATIONS ON CON- scribed in paragraph (2). TRIBUTIONS TO FLEXIBLE SPEND- SEC. 220. REPEAL OF NET INVESTMENT TAX. ING ACCOUNTS. (a) IN GENERAL.—Subtitle A of the Internal (2) INDIVIDUALS DESCRIBED.—The individ- uals described in this paragraph are the fol- (a) IN GENERAL.—Section 125 of the Inter- Revenue Code of 1986 is amended by striking nal Revenue Code of 1986 is amended by chapter 2A. lowing: striking subsection (i). (b) EFFECTIVE DATE.—The amendment (A) Individuals who are victims of violent crime, including domestic violence. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable made by this section shall apply to taxable years beginning after December 31, 2015. (B) Individuals who are victims of cancer, heart disease, Alzheimer’s disease, hepatitis years beginning after December 31, 2015. SEC. 221. REMUNERATION. C, HIV/AIDS , or other deadly diseases. Paragraph (6) of section 162(m) of the In- SEC. 213. REPEAL OF TAX ON PRESCRIPTION (C) Individuals who are veterans, including MEDICATIONS. ternal Revenue Code of 1986 is amended by disabled veterans. Subsection (j) of section 9008 of the Patient adding at the end the following new subpara- (D) Individuals who lost their health insur- Protection and Affordable Care Act is graph: ance when they lost their jobs, including amended to read as follows: ‘‘(I) TERMINATION.—This paragraph shall those who lost their job because their em- ‘‘(j) REPEAL.—This section shall apply to not apply to taxable years beginning after ployer moved their job overseas. calendar years beginning after December 31, December 31, 2015.’’. (E) Individuals who are survivors of cancer, 2010, and ending before January 1, 2016.’’. SEC. 222. ECONOMIC SUBSTANCE DOCTRINE. strokes, or other chronic diseases. SEC. 214. REPEAL OF MEDICAL DEVICE EXCISE (a) IN GENERAL.—Subsection (o) of section (F) Pregnant women. TAX. 7701 of the Internal Revenue Code of 1986 is SEC. 202A. FAIR SHARE TAX ON HIGH-INCOME (a) IN GENERAL.—Chapter 32 of the Internal repealed. TAXPAYERS. Revenue Code of 1986 is amended by striking (b) PENALTY FOR UNDERPAYMENTS.—Para- (a) IN GENERAL.—Subchapter A of chapter 1 subchapter E. graph (6) of section 6662(b) of the Internal of the Internal Revenue Code of 1986 is (b) EFFECTIVE DATE.—The amendment Revenue Code of 1986 is repealed. amended by adding at the end the following made by this section shall apply to sales in (c) INCREASED PENALTY FOR NONDISCLOSED new part: calendar quarters beginning after December TRANSACTIONS.—Subsection (i) of section 6662 31, 2015. of the Internal Revenue Code of 1986 is re- ‘‘PART VII—FAIR SHARE TAX ON HIGH- SEC. 215. REPEAL OF HEALTH INSURANCE TAX. pealed. INCOME TAXPAYERS Subsection (j) of section 9010 of the Patient (d) REASONABLE CAUSE EXCEPTION FOR UN- ‘‘Sec. 59A. Fair share tax. Protection and Affordable Care Act is DERPAYMENTS.—Paragraph (2) of section ‘‘SEC. 59A. FAIR SHARE TAX. amended to read as follows: 6664(c) of the Internal Revenue Code of 1986 is ‘‘(a) GENERAL RULE.— ‘‘(j) REPEAL.—This section shall apply to repealed. ‘‘(1) IMPOSITITION OF TAX.—In the case of calendar years beginning after December 31, (e) REASONABLE CAUSE EXCEPTION FOR NON- any high-income taxpayer, there is hereby 2013, and ending before January 1, 2016.’’. DISCLOSED TRANSACTIONS.—Paragraph (2) of imposed for a taxable year (in addition to SEC. 216. REPEAL OF ELIMINATION OF DEDUC- section 6664(d) of the Internal Revenue Code any other tax imposed by this subtitle) a tax TION FOR EXPENSES ALLOCABLE TO of 1986 is repealed. equal to the product of— MEDICARE PART D SUBSIDY. (f) ERRONEOUS CLAIM FOR REFUND OR CRED- ‘‘(A) the amount determined under para- (a) IN GENERAL.—Section 139A of the Inter- IT.—Subsection (c) of section 6676 of the In- graph (2), and nal Revenue Code of 1986 is amended by add- ternal Revenue Code of 1986 is repealed. ‘‘(B) a fraction (not to exceed 1)—

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.062 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8423 ‘‘(i) the numerator of which is the excess compensation received during such taxable rector, or employee of the taxpayer or a of— year, over former officer, director, or employee of the ‘‘(I) the taxpayer’s adjusted gross income, ‘‘(2) the deduction allowable under section taxpayer.’’. over 164(f) for such taxable year. (3) CONFORMING AMENDMENTS.— ‘‘(II) the dollar amount in effect under sub- ‘‘(e) SPECIAL RULE FOR ESTATES AND (A) Section 48D(b)(3)(A) of such Code is section (c)(1), and TRUSTS.—For purposes of this section, in the amended by inserting ‘‘(as in effect for tax- ‘‘(ii) the denominator of which is the dollar case of an estate or trust, adjusted gross in- able years beginning before January 1, 2016)’’ amount in effect under subsection (c)(1). come shall be computed in the manner de- after ‘‘section 162(m)(3)’’. ‘‘(2) AMOUNT OF TAX.—The amount of tax scribed in section 67(e). (B) Section 409A(b)(3)(D)(ii) of such Code is determined under this paragraph is an ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS amended by inserting ‘‘(as in effect for tax- amount equal to the excess (if any) of— CHAPTER FOR CERTAIN PURPOSES.—The tax able years beginning before January 1, 2016)’’ ‘‘(A) the tentative fair share tax for the imposed under this section shall not be after ‘‘section 162(m)(3)’’. taxable year, over treated as tax imposed by this chapter for (d) SPECIAL RULE FOR REMUNERATION PAID ‘‘(B) the excess of— purposes of determining the amount of any TO BENEFICIARIES, ETC.—Paragraph (4) of sec- ‘‘(i) the sum of— credit under this chapter (other than the tion 162(m), as amended by subsection (a), is ‘‘(I) the regular tax liability (as defined in credit allowed under section 27(a)) or for pur- amended by adding at the end the following section 26(b)) for the taxable year, deter- poses of section 55.’’. new subparagraph: mined without regard to any tax liability de- (b) CLERICAL AMENDMENT.—The table of ‘‘(F) SPECIAL RULE FOR REMUNERATION PAID termined under this section, parts for subchapter A of chapter 1 of the In- TO BENEFICIARIES, ETC.—Remuneration shall ‘‘(II) the tax imposed by section 55 for the ternal Revenue Code of 1986 is amended by not fail to be applicable employee remunera- taxable year, plus adding at the end the following new item: tion merely because it is includible in the in- ‘‘(III) the payroll tax for the taxable year, ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME come of, or paid to, a person other than the over TAXPAYERS’’. covered individual, including after the death ‘‘(ii) the credits allowable under part IV of of the covered individual.’’. subchapter A (other than sections 27(a), 31, (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable (e) REGULATORY AUTHORITY.— and 34). (1) IN GENERAL.—Section 162(m) of the In- ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- years beginning after December 31, 2015. ternal Revenue Code of 1986 is amended by poses of this section— SEC. 202B. MODIFICATION OF LIMITATION ON EX- adding at the end the following new para- ‘‘(1) IN GENERAL.—The tentative fair share CESSIVE REMUNERATION. graph: tax for the taxable year is 30 percent of the (a) REPEAL OF PERFORMANCE-BASED COM- ‘‘(7) REGULATIONS.—The Secretary may excess of— PENSATION AND COMMISSION EXCEPTIONS FOR prescribe such guidance, rules, or regula- ‘‘(A) the adjusted gross income of the tax- LIMITATION ON EXCESSIVE REMUNERATION.— tions, including with respect to reporting, as payer, over (1) IN GENERAL.—Paragraph (4) of section are necessary to carry out the purposes of ‘‘(B) the modified charitable contribution 162(m) of the Internal Revenue Code of 1986 is this subsection.’’. deduction for the taxable year. amended by striking subparagraphs (B) and (2) CONFORMING AMENDMENT.—Paragraph ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION (C) and by redesignating subparagraphs (D) (6) of section 162(m) of such Code is amended DEDUCTION.—For purposes of paragraph (1)— through (G) as subparagraphs (B) through by striking subparagraph (H). ‘‘(A) IN GENERAL.—The modified charitable (E), respectively. (f) EFFECTIVE DATE.—The amendments contribution deduction for any taxable year (2) CONFORMING AMENDMENTS.— made by this section shall apply to taxable is an amount equal to the amount which (A) Section 162(m)(5) of such Code is years beginning after December 31, 2015. bears the same ratio to the deduction allow- amended— able under section 170 (section 642(c) in the (i) by striking ‘‘subparagraphs (B), (C), and SEC. 202C. MODIFICATIONS TO RULES RELATING case of a trust or estate) for such taxable (D) thereof’’ in subparagraph (E) and insert- TO INVERTED CORPORATIONS. year as— ing ‘‘subparagraph (B) thereof’’, and (a) IN GENERAL.—Subsection (b) of section ‘‘(i) the amount of itemized deductions al- (ii) by striking ‘‘subparagraphs (F) and 7874 of the Internal Revenue Code of 1986 is lowable under the regular tax (as defined in (G)’’ in subparagraph (G) and inserting ‘‘sub- amended to read as follows: section 55) for such taxable year, determined paragraphs (D) and (E)’’. ‘‘(b) INVERTED CORPORATIONS TREATED AS after the application of section 68, bears to (B) Section 162(m)(6) of such Code is DOMESTIC CORPORATIONS.— ‘‘(ii) such amount, determined before the amended— ‘‘(1) IN GENERAL.—Notwithstanding section application of section 68. (i) by striking ‘‘subparagraphs (B), (C), and 7701(a)(4), a foreign corporation shall be ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case (D) thereof’’ in subparagraph (D) and insert- treated for purposes of this title as a domes- of any individual who does not elect to ing ‘‘subparagraph (B) thereof’’, and tic corporation if— itemize deductions for the taxable year, the (ii) by striking ‘‘subparagraphs (F) and ‘‘(A) such corporation would be a surrogate modified charitable contribution deduction (G)’’ in subparagraph (G) and inserting ‘‘sub- foreign corporation if subsection (a)(2) were shall be zero. paragraphs (D) and (E)’’. applied by substituting ‘80 percent’ for ‘60 ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes (b) EXPANSION OF APPLICABLE EMPLOYER.— percent’, or of this section— Paragraph (2) of section 162(m) of the Inter- ‘‘(B) such corporation is an inverted do- ‘‘(1) IN GENERAL.—The term ‘high-income nal Revenue Code of 1986 is amended to read mestic corporation. taxpayer’ means, with respect to any taxable as follows: ‘‘(2) INVERTED DOMESTIC CORPORATION.—For year, any taxpayer (other than a corpora- ‘‘(2) PUBLICLY HELD CORPORATION.—For pur- purposes of this subsection, a foreign cor- tion) with an adjusted gross income for such poses of this subsection, the term ‘publicly poration shall be treated as an inverted do- taxable year in excess of $1,000,000 (50 percent held corporation’ means any corporation mestic corporation if, pursuant to a plan (or of such amount in the case of a married indi- which is an issuer (as defined in section 3 of a series of related transactions)— vidual who files a separate return). the Securities Exchange Act of 1934 (15 ‘‘(A) the entity completes after November ‘‘(2) INFLATION ADJUSTMENT.— U.S.C. 78c))— 30, 2015, the direct or indirect acquisition ‘‘(A) IN GENERAL.—In the case of a taxable ‘‘(A) the securities of which are registered of— year beginning after 2016, the $1,000,000 under section 12 of such Act (15 U.S.C. 78l), or ‘‘(i) substantially all of the properties held amount under paragraph (1) shall be in- ‘‘(B) that is required to file reports under directly or indirectly by a domestic corpora- creased by an amount equal to— section 15(d) of such Act (15 U.S.C. 78o(d)).’’. tion, or ‘‘(i) such dollar amount, multiplied by (c) APPLICATION TO ALL CURRENT AND ‘‘(ii) substantially all of the assets of, or ‘‘(ii) the cost-of-living adjustment deter- FORMER OFFICERS, DIRECTORS, AND EMPLOY- substantially all of the properties consti- mined under section 1(f)(3) for the calendar EES.— tuting a trade or business of, a domestic year in which the taxable year begins, deter- (1) IN GENERAL.—Section 162(m) of the In- partnership, and mined by substituting ‘calendar year 2015’ ternal Revenue Code of 1986, as amended by ‘‘(B) after the acquisition, more than 50 for ‘calendar year 1992’ in subparagraph (B) subsection (a), is amended— percent of the stock (by vote or value) of the thereof. (A) by striking ‘‘covered employee’’ each entity is held— ‘‘(B) ROUNDING.—If any amount as adjusted place it appears in paragraphs (1) and (4) and ‘‘(i) in the case of an acquisition with re- under subparagraph (A) is not a multiple of inserting ‘‘covered individual’’, and spect to a domestic corporation, by former $10,000, such amount shall be rounded to the (B) by striking ‘‘such employee’’ each shareholders of the domestic corporation by next lowest multiple of $10,000. place it appears in subparagraphs (A) and (E) reason of holding stock in the domestic cor- ‘‘(d) PAYROLL TAX.—For purposes of this of paragraph (4) and inserting ‘‘such indi- poration, or section, the payroll tax for any taxable year vidual’’. ‘‘(ii) in the case of an acquisition with re- is an amount equal to the excess of— (2) COVERED INDIVIDUAL.—Paragraph (3) of spect to a domestic partnership, by former ‘‘(1) the taxes imposed on the taxpayer section 162(m) of such Code is amended to partners of the domestic partnership by rea- under sections 1401, 1411, 3101, 3201, and read as follows: son of holding a capital or profits interest in 3211(a) (to the extent such tax is attributable ‘‘(3) COVERED INDIVIDUAL.—For purposes of the domestic partnership. to the rate of tax in effect under section 3101) this subsection, the term ‘covered individual’ ‘‘(3) EXCEPTION FOR CORPORATIONS WITH with respect to such taxable year or wages or means any individual who is an officer, di- SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.065 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8424 CONGRESSIONAL RECORD — SENATE December 3, 2015

COUNTRY OF ORGANIZATION.—A foreign cor- apply to the State and for the State to con- ‘‘(2) INFLATION ADJUSTMENT.— poration described in paragraph (2) shall not tinue to make medical assistance available ‘‘(A) IN GENERAL.—In the case of a taxable be treated as an inverted domestic corpora- under its State Medicaid plan to all individ- year beginning after 2016, the $1,000,000 tion if after the acquisition the expanded af- uals as if such amendments had not taken ef- amount under paragraph (1) shall be in- filiated group which includes the entity has fect. creased by an amount equal to— substantial business activities in the foreign SEC. l. FAIR SHARE TAX ON HIGH-INCOME TAX- ‘‘(i) such dollar amount, multiplied by country in which or under the law of which PAYERS. ‘‘(ii) the cost-of-living adjustment deter- the entity is created or organized when com- (a) IN GENERAL.—Subchapter A of chapter 1 mined under section 1(f)(3) for the calendar pared to the total business activities of such of the Internal Revenue Code of 1986 is year in which the taxable year begins, deter- expanded affiliated group. For purposes of amended by adding at the end the following mined by substituting ‘calendar year 2015’ subsection (a)(2)(B)(iii) and the preceding new part: for ‘calendar year 1992’ in subparagraph (B) sentence, the term ‘substantial business ac- ‘‘PART VII—FAIR SHARE TAX ON HIGH- thereof. tivities’ shall have the meaning given such INCOME TAXPAYERS ‘‘(B) ROUNDING.—If any amount as adjusted term under regulations in effect on Novem- ‘‘Sec. 59A. Fair share tax. under subparagraph (A) is not a multiple of ber 30, 2015, except that the Secretary may ‘‘SEC. 59A. FAIR SHARE TAX. $10,000, such amount shall be rounded to the issue regulations increasing the threshold ‘‘(a) GENERAL RULE.— next lowest multiple of $10,000. percent in any of the tests under such regu- ‘‘(1) IMPOSITITION OF TAX.—In the case of ‘‘(d) PAYROLL TAX.—For purposes of this lations for determining if business activities any high-income taxpayer, there is hereby section, the payroll tax for any taxable year constitute substantial business activities for imposed for a taxable year (in addition to is an amount equal to the excess of— purposes of this paragraph.’’. any other tax imposed by this subtitle) a tax ‘‘(1) the taxes imposed on the taxpayer (b) CONFORMING AMENDMENTS.— equal to the product of— under sections 1401, 1411, 3101, 3201, and (1) Clause (i) of section 7874(a)(2)(B) of such ‘‘(A) the amount determined under para- 3211(a) (to the extent such tax is attributable Code is amended by striking ‘‘after March 4, graph (2), and to the rate of tax in effect under section 3101) 2003,’’ and inserting ‘‘after March 4, 2003, and ‘‘(B) a fraction (not to exceed 1)— with respect to such taxable year or wages or before December 1, 2015,’’. ‘‘(i) the numerator of which is the excess compensation received during such taxable (2) Subsection (c) of section 7874 of such of— year, over Code is amended— ‘‘(I) the taxpayer’s adjusted gross income, ‘‘(2) the deduction allowable under section (A) in paragraph (2)— over 164(f) for such taxable year. (i) by striking ‘‘subsection (a)(2)(B)(ii)’’ ‘‘(II) the dollar amount in effect under sub- ‘‘(e) SPECIAL RULE FOR ESTATES AND and inserting ‘‘subsections (a)(2)(B)(ii) and section (c)(1), and TRUSTS.—For purposes of this section, in the (b)(2)(B)’’, and ‘‘(ii) the denominator of which is the dollar case of an estate or trust, adjusted gross in- (ii) by inserting ‘‘or (b)(2)(A)’’ after amount in effect under subsection (c)(1). come shall be computed in the manner de- ‘‘(a)(2)(B)(i)’’ in subparagraph (B), ‘‘(2) AMOUNT OF TAX.—The amount of tax scribed in section 67(e). (B) in paragraph (3), by inserting ‘‘or determined under this paragraph is an ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS CHAPTER FOR CERTAIN PURPOSES.—The tax (b)(2)(B), as the case may be,’’ after amount equal to the excess (if any) of— imposed under this section shall not be ‘‘(a)(2)(B)(ii)’’, ‘‘(A) the tentative fair share tax for the treated as tax imposed by this chapter for (C) in paragraph (5), by striking ‘‘sub- taxable year, over purposes of determining the amount of any section (a)(2)(B)(ii)’’ and inserting ‘‘sub- ‘‘(B) the excess of— ‘‘(i) the sum of— credit under this chapter (other than the sections (a)(2)(B)(ii) and (b)(2)(B)’’, and credit allowed under section 27(a)) or for pur- (D) in paragraph (6), by inserting ‘‘or in- ‘‘(I) the regular tax liability (as defined in section 26(b)) for the taxable year, deter- poses of section 55.’’. verted domestic corporation, as the case may (b) CLERICAL AMENDMENT.—The table of mined without regard to any tax liability de- be,’’ after ‘‘surrogate foreign corporation’’. parts for subchapter A of chapter 1 of the In- termined under this section, (c) EFFECTIVE DATE.—The amendments ternal Revenue Code of 1986 is amended by ‘‘(II) the tax imposed by section 55 for the made by this section shall apply to taxable adding at the end the following new item: years ending after November 30, 2015. taxable year, plus ‘‘(III) the payroll tax for the taxable year, ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS’’. SA 2919. Ms. BALDWIN submitted an over (c) EFFECTIVE DATE.—The amendments amendment intended to be proposed to ‘‘(ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, made by this section shall apply to taxable amendment SA 2916 submitted by Mr. and 34). years beginning after December 31, 2015. MCCONNELL to the amendment SA 2874 ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- SEC. l. MODIFICATION OF LIMITATION ON EX- proposed by Mr. MCCONNELL to the bill poses of this section— CESSIVE REMUNERATION. H.R. 3762, to provide for reconciliation ‘‘(1) IN GENERAL.—The tentative fair share (a) REPEAL OF PERFORMANCE-BASED COM- pursuant to section 2002 of the concur- tax for the taxable year is 30 percent of the PENSATION AND COMMISSION EXCEPTIONS FOR rent resolution on the budget for fiscal excess of— LIMITATION ON EXCESSIVE REMUNERATION.— (1) IN GENERAL.—Paragraph (4) of section year 2016; as follows: ‘‘(A) the adjusted gross income of the tax- payer, over 162(m) of the Internal Revenue Code of 1986 is At the end of title II, add the following: ‘‘(B) the modified charitable contribution amended by striking subparagraphs (B) and SEC. l. FREEDOM TO KEEP HEALTH INSURANCE deduction for the taxable year. (C) and by redesignating subparagraphs (D) COVERAGE. ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION through (G) as subparagraphs (B) through (a) ADVANCE PREMIUM TAX CREDITS.— DEDUCTION.—For purposes of paragraph (1)— (E), respectively. (1) IN GENERAL.—The amendments and re- ‘‘(A) IN GENERAL.—The modified charitable (2) CONFORMING AMENDMENTS.— peals made by section 202 shall not apply to contribution deduction for any taxable year (A) Section 162(m)(5) of such Code is any individual who— is an amount equal to the amount which amended— (A) receives an advanced payment under bears the same ratio to the deduction allow- (i) by striking ‘‘subparagraphs (B), (C), and section 1412 of the Patient Protection and able under section 170 (section 642(c) in the (D) thereof’’ in subparagraph (E) and insert- Affordable Care Act of the premium tax case of a trust or estate) for such taxable ing ‘‘subparagraph (B) thereof’’, and credit under section 36B of the Internal Rev- year as— (ii) by striking ‘‘subparagraphs (F) and enue of 1986 for the month of December 2017, ‘‘(i) the amount of itemized deductions al- (G)’’ in subparagraph (G) and inserting ‘‘sub- and lowable under the regular tax (as defined in paragraphs (D) and (E)’’. (B) makes an election under this sub- section 55) for such taxable year, determined (B) Section 162(m)(6) of such Code is section at such time and in such manner as after the application of section 68, bears to amended— determined by the Secretary of Health and ‘‘(ii) such amount, determined before the (i) by striking ‘‘subparagraphs (B), (C), and Human Services, in consultation with the application of section 68. (D) thereof’’ in subparagraph (D) and insert- Secretary of the Treasury. ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case ing ‘‘subparagraph (B) thereof’’, and (2) LIMITATION.—Paragraph (1) shall not of any individual who does not elect to (ii) by striking ‘‘subparagraphs (F) and apply to an individual for any month after itemize deductions for the taxable year, the (G)’’ in subparagraph (G) and inserting ‘‘sub- which it is determined that such individual modified charitable contribution deduction paragraphs (D) and (E)’’. is not eligible to receive such an advanced shall be zero. (b) EXPANSION OF APPLICABLE EMPLOYER.— payment (determined after the application of ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes Paragraph (2) of section 162(m) of the Inter- paragraph (1)). of this section— nal Revenue Code of 1986 is amended to read (b) MEDICAID.—Any State that chooses to ‘‘(1) IN GENERAL.—The term ‘high-income as follows: make medical assistance available under sec- taxpayer’ means, with respect to any taxable ‘‘(2) PUBLICLY HELD CORPORATION.—For pur- tion 1902(a)(10)(A)(i)(VIII) of the Social Secu- year, any taxpayer (other than a corpora- poses of this subsection, the term ‘publicly rity Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII)) to tion) with an adjusted gross income for such held corporation’ means any corporation individuals described in that section may taxable year in excess of $1,000,000 (50 percent which is an issuer (as defined in section 3 of elect on or before December 31, 2017, to have of such amount in the case of a married indi- the Securities Exchange Act of 1934 (15 the amendments made by section 207 not vidual who files a separate return). U.S.C. 78c))—

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.065 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 3, 2015 CONGRESSIONAL RECORD — SENATE S8425 ‘‘(A) the securities of which are registered ‘‘(i) substantially all of the properties held the session of the Senate on December under section 12 of such Act (15 U.S.C. 78l), or directly or indirectly by a domestic corpora- 3, 2015, at 10 a.m. in room SD–366 of the ‘‘(B) that is required to file reports under tion, or Dirksen Senate Office Building. section 15(d) of such Act (15 U.S.C. 78o(d)).’’. ‘‘(ii) substantially all of the assets of, or The PRESIDING OFFICER. Without (c) APPLICATION TO ALL CURRENT AND substantially all of the properties consti- FORMER OFFICERS, DIRECTORS, AND EMPLOY- tuting a trade or business of, a domestic objection, it is so ordered. EES.— partnership, and COMMITTEE ON FOREIGN RELATIONS (1) IN GENERAL.—Section 162(m) of the In- ‘‘(B) after the acquisition, more than 50 Mr. MCCAIN. Mr. President, I ask ternal Revenue Code of 1986, as amended by percent of the stock (by vote or value) of the unanimous consent that the Com- subsection (a), is amended— entity is held— mittee on Foreign Relations be author- (A) by striking ‘‘covered employee’’ each ‘‘(i) in the case of an acquisition with re- ized to meet during the session of the place it appears in paragraphs (1) and (4) and spect to a domestic corporation, by former inserting ‘‘covered individual’’, and shareholders of the domestic corporation by Senate on December 3, 2015, at 9 a.m., (B) by striking ‘‘such employee’’ each reason of holding stock in the domestic cor- to conduct a closed briefing entitled place it appears in subparagraphs (A) and (E) poration, or ‘‘The U.S. Role in the Middle East.’’ of paragraph (4) and inserting ‘‘such indi- ‘‘(ii) in the case of an acquisition with re- The PRESIDING OFFICER. Without vidual’’. spect to a domestic partnership, by former objection, it is so ordered. (2) COVERED INDIVIDUAL.—Paragraph (3) of partners of the domestic partnership by rea- COMMITTEE ON HOMELAND SECURITY AND section 162(m) of such Code is amended to son of holding a capital or profits interest in GOVERNMENTAL AFFAIRS read as follows: the domestic partnership. Mr. MCCAIN. Mr. President, I ask ‘‘(3) COVERED INDIVIDUAL.—For purposes of ‘‘(3) EXCEPTION FOR CORPORATIONS WITH this subsection, the term ‘covered individual’ SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN unanimous consent that the Com- means any individual who is an officer, di- COUNTRY OF ORGANIZATION.—A foreign cor- mittee on Homeland Security and Gov- rector, or employee of the taxpayer or a poration described in paragraph (2) shall not ernmental Affairs be authorized to former officer, director, or employee of the be treated as an inverted domestic corpora- meet during the session of the Senate taxpayer.’’. tion if after the acquisition the expanded af- on December 3, 2015, at 10 a.m. (3) CONFORMING AMENDMENTS.— filiated group which includes the entity has The PRESIDING OFFICER. Without (A) Section 48D(b)(3)(A) of such Code is substantial business activities in the foreign objection, it is so ordered. amended by inserting ‘‘(as in effect for tax- country in which or under the law of which able years beginning before January 1, 2016)’’ the entity is created or organized when com- f after ‘‘section 162(m)(3)’’. pared to the total business activities of such STUDENT SUCCESS ACT— (B) Section 409A(b)(3)(D)(ii) of such Code is expanded affiliated group. For purposes of CONFERENCE REPORT amended by inserting ‘‘(as in effect for tax- subsection (a)(2)(B)(iii) and the preceding able years beginning before January 1, 2016)’’ sentence, the term ‘substantial business ac- Mr. MCCONNELL. Mr. President, I after ‘‘section 162(m)(3)’’. tivities’ shall have the meaning given such ask the Chair to lay before the Senate (d) SPECIAL RULE FOR REMUNERATION PAID term under regulations in effect on Novem- the conference report accompanying S. TO BENEFICIARIES, ETC.—Paragraph (4) of sec- ber 30, 2015, except that the Secretary may 1177. tion 162(m), as amended by subsection (a), is issue regulations increasing the threshold amended by adding at the end the following The PRESIDING OFFICER. The percent in any of the tests under such regu- Chair lays before the Senate the con- new subparagraph: lations for determining if business activities ‘‘(F) SPECIAL RULE FOR REMUNERATION PAID constitute substantial business activities for ference report to accompany S. 1177, TO BENEFICIARIES, ETC.—Remuneration shall purposes of this paragraph.’’. which will be stated by title. not fail to be applicable employee remunera- (b) CONFORMING AMENDMENTS.— The senior assistant legislative clerk tion merely because it is includible in the in- (1) Clause (i) of section 7874(a)(2)(B) of such read as follows: come of, or paid to, a person other than the Code is amended by striking ‘‘after March 4, The committee of conference on the dis- covered individual, including after the death 2003,’’ and inserting ‘‘after March 4, 2003, and agreeing votes of the two Houses on the of the covered individual.’’. before December 1, 2015,’’. (e) REGULATORY AUTHORITY.— amendment of the House to the bill (S. 1177), (2) Subsection (c) of section 7874 of such to reauthorize the Elementary and Sec- (1) IN GENERAL.—Section 162(m) of the In- Code is amended— ternal Revenue Code of 1986 is amended by ondary Education Act of 1965 to ensure that (A) in paragraph (2)— every child achieves, having met, have adding at the end the following new para- (i) by striking ‘‘subsection (a)(2)(B)(ii)’’ graph: agreed that the Senate recede from its dis- and inserting ‘‘subsections (a)(2)(B)(ii) and agreement to the amendment of the House ‘‘(7) REGULATIONS.—The Secretary may (b)(2)(B)’’, and prescribe such guidance, rules, or regula- and agree to the same with an amendment (ii) by inserting ‘‘or (b)(2)(A)’’ after and the House agree to the same, signed by tions, including with respect to reporting, as ‘‘(a)(2)(B)(i)’’ in subparagraph (B), are necessary to carry out the purposes of a majority of the conferees on the part of (B) in paragraph (3), by inserting ‘‘or both Houses. this subsection.’’. (b)(2)(B), as the case may be,’’ after (2) CONFORMING AMENDMENT.—Paragraph ‘‘(a)(2)(B)(ii)’’, Thereupon, the Senate proceeded to (6) of section 162(m) of such Code is amended (C) in paragraph (5), by striking ‘‘sub- consider the conference report. by striking subparagraph (H). section (a)(2)(B)(ii)’’ and inserting ‘‘sub- (The conference report is printed in (f) EFFECTIVE DATE.—The amendments sections (a)(2)(B)(ii) and (b)(2)(B)’’, and the House proceedings of the Record of made by this section shall apply to taxable (D) in paragraph (6), by inserting ‘‘or in- years beginning after December 31, 2015. November 30, 2015.) verted domestic corporation, as the case may CLOTURE MOTION SEC. ll. MODIFICATIONS TO RULES RELATING be,’’ after ‘‘surrogate foreign corporation’’. TO INVERTED CORPORATIONS. (c) EFFECTIVE DATE.—The amendments Mr. MCCONNELL. Mr. President, I (a) IN GENERAL.—Subsection (b) of section send a cloture motion to the desk. 7874 of the Internal Revenue Code of 1986 is made by this section shall apply to taxable amended to read as follows: years ending after November 30, 2015. The PRESIDING OFFICER. The clo- ‘‘(b) INVERTED CORPORATIONS TREATED AS f ture motion having been presented DOMESTIC CORPORATIONS.— AUTHORITY FOR COMMITTEES TO under rule XXII, the Chair directs the ‘‘(1) IN GENERAL.—Notwithstanding section MEET clerk to read the motion. 7701(a)(4), a foreign corporation shall be The senior assistant legislative clerk treated for purposes of this title as a domes- COMMITTEE ON ARMED SERVICES read as follows: tic corporation if— Mr. MCCAIN. Mr. President, I ask CLOTURE MOTION ‘‘(A) such corporation would be a surrogate unanimous consent that the Com- foreign corporation if subsection (a)(2) were We, the undersigned Senators, in accord- applied by substituting ‘80 percent’ for ‘60 mittee on Armed Services be author- ance with the provisions of rule XXII of the percent’, or ized to meet during the session of the Standing Rules of the Senate, do hereby ‘‘(B) such corporation is an inverted do- Senate on December 3, 2015, at 9:30 a.m. move to bring to a close debate on the con- mestic corporation. The PRESIDING OFFICER. Without ference report to accompany S. 1177, an act ‘‘(2) INVERTED DOMESTIC CORPORATION.—For objection, it is so ordered. to reauthorize the Elementary and Sec- purposes of this subsection, a foreign cor- ondary Education Act of 1965 to ensure that COMMITTEE ON ENERGY AND NATURAL poration shall be treated as an inverted do- every child achieves. RESOURCES mestic corporation if, pursuant to a plan (or Mitch McConnell, Lamar Alexander, a series of related transactions)— Mr. MCCAIN. Mr. President, I ask Mike Rounds, Deb Fischer, Dan Sul- ‘‘(A) the entity completes after November unanimous consent that the Com- livan, Lisa Murkowski, Orrin G. Hatch, 30, 2015, the direct or indirect acquisition mittee on Energy and Natural Re- Shelley Moore Capito, Pat Roberts, of— sources be authorized to meet during Chuck Grassley, Richard Burr, Cory

VerDate Sep 11 2014 07:49 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.066 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8426 CONGRESSIONAL RECORD — SENATE December 3, 2015 Gardner, John Hoeven, John Cornyn, (3) there are more than 60 Indian tribes have participated in the annual National David Perdue, Johnny Isakson, Daniel participating in the Intertribal Buffalo Bison Day celebration at several events Coats. Council; across the United States and are committed Mr. MCCONNELL. I ask unanimous (4) numerous members of Indian tribes are to continuing this tradition annually on the consent that the mandatory quorum be involved in bison restoration on tribal land; first Saturday of November. (5) members of Indian tribes have a com- waived with respect to the cloture mo- SEC. 3. ESTABLISHMENT AND ADOPTION OF THE bined herd on more than 1,000,000 acres of NORTH AMERICAN BISON AS THE tion. tribal land; NATIONAL MAMMAL. The PRESIDING OFFICER. Without (6) the Intertribal Buffalo Council is a trib- The mammal commonly known as the objection, it is so ordered. al organization incorporated pursuant to sec- ‘‘North American bison’’ is adopted as the f tion 17 of the Act of June 18, 1934 (commonly national mammal of the United States. known as the ‘‘Indian Reorganization Act’’) MEASURE READ THE FIRST (25 U.S.C. 477); f TIME—S. 2359 (7) bison can play an important role in im- proving the types of grasses found in land- UNANIMOUS CONSENT AGREE- Mr. MCCONNELL. Mr. President, I scapes to the benefit of grasslands; MENT—EXECUTIVE CALENDAR understand that there is a bill at the (8) a small group of ranchers helped save desk, and I ask for its first reading. Mr. MCCONNELL. Mr. President, I bison from extinction in the late 1800s by now ask unanimous consent that at 5 The PRESIDING OFFICER. The gathering the remnants of the decimated clerk will read the bill by title for the herds; p.m. on Monday, December 7, the Sen- first time. (9) bison hold significant economic value ate proceed to executive session to con- The senior assistant legislative clerk for private producers and rural communities; sider the following nomination: Cal- read as follows: (10) according to the 2012 Census of Agri- endar No. 214; that there then be 30 culture of the Department of Agriculture, as A bill (S. 2359) to restore Second Amend- minutes of debate on the nomination, of 2012, 162,110 head of bison were under the ment rights in the District of Columbia. and that following the use or yielding stewardship of private producers, creating of time, the Senate vote on the nomi- Mr. MCCONNELL. I now ask for a jobs and providing a sustainable and healthy second reading and, in order to place meat source contributing to the food secu- nation without intervening action or the bill on the calendar under the pro- rity of the United States; debate; that following disposition of visions of rule XIV, I object to my own (11) on December 8, 1905, William the nomination, the motion to recon- request. Hornaday, Theodore Roosevelt, and others sider be considered made and laid upon The PRESIDING OFFICER. Objec- formed the American Bison Society in re- the table with no intervening action or sponse to the near extinction of bison in the tion having been heard, the bill will be debate; that no further motions be in United States; order to the nomination; that any read for the second time on the next (12) on October 11, 1907, the American Bison legislative day. Society sent 15 captive-bred bison from the statements related to the nomination be printed in the RECORD; that the f New York Zoological Park, now known as the ‘‘Bronx Zoo’’, to the first wildlife refuge President be immediately notified of NATIONAL BISON LEGACY ACT in the United States, which was known as the Senate’s action and the Senate Mr. MCCONNELL. Mr. President, I the ‘‘Wichita Mountains Wildlife Refuge’’, then resume legislative session. ask unanimous consent that the Com- resulting in the first successful reintroduc- The PRESIDING OFFICER. Without mittee on the Judiciary be discharged tion of a mammal species on the brink of ex- objection, it is so ordered. tinction back into the natural habitat of the from further consideration of S. 2032 species; f and the Senate proceed to its imme- (13) in 2005, the American Bison Society diate consideration. was reestablished, bringing together bison ORDERS FOR MONDAY, DECEMBER The PRESIDING OFFICER. Without ranchers, managers from Indian tribes, Fed- 7, 2015 objection, it is so ordered. eral and State agencies, conservation organi- Mr. MCCONNELL. Mr. President, I The clerk will report the bill by title. zations, and natural and social scientists ask unanimous consent that when the The senior assistant legislative clerk from the United States, Canada, and Mexico Senate completes its business today, it read as follows: to create a vision for the North American bison in the 21st century; adjourn until 2 p.m., Monday, Decem- A bill (S. 2032) to adopt the bison as the na- (14) there are bison herds in National Wild- ber 7; that following the prayer and tional mammal of the United States. life Refuges and National Parks; pledge, the morning hour be deemed There being no objection, the Senate (15) there are bison in State-managed herds expired, the Journal of proceedings be across 11 States; proceeded to consider the bill. approved to date, and the time for the Mr. MCCONNELL. I ask unanimous (16) there is a growing effort to celebrate two leaders be reserved for their use consent that the bill be read a third and officially recognize the historical, cul- later in the day; further, that following time and passed and the motion to re- tural, and economic significance of the North American bison to the heritage of the leader remarks, the Senate be in a pe- consider be considered made and laid United States; riod of morning business, with Sen- upon the table. (17) a bison is portrayed on 2 State flags; ators permitted to speak therein for up The PRESIDING OFFICER. Without (18) the bison has been adopted by 3 States to 10 minutes each; finally, that at 5 objection, it is so ordered. as the official mammal or animal of those The bill (S. 2032) was ordered to be States; p.m., the Senate proceed to executive engrossed for a third reading, was read (19) a bison has been depicted on the offi- session as under the previous order. the third time, and passed, as follows: cial seal of the Department of the Interior The PRESIDING OFFICER. Without since 1912; objection, it is so ordered. S. 2032 (20) the buffalo nickel played an important Be it enacted by the Senate and House of Rep- role in modernizing the currency of the f resentatives of the United States of America in United States; ADJOURNMENT UNTIL MONDAY, Congress assembled, (21) several sports teams have the bison as SECTION 1. SHORT TITLE. a mascot, which highlights the iconic signifi- DECEMBER 7, 2015, AT 2 P.M. This Act may be cited as the ‘‘National cance of bison in the United States; Mr. MCCONNELL. Mr. President, if Bison Legacy Act’’. (22) in the 2nd session of the 113th Con- there is no further business to come be- SEC. 2. FINDINGS. gress, 22 Senators led a successful effort to fore the Senate, I ask unanimous con- Congress finds that— enact a resolution to designate November 1, sent that it stand adjourned under the (1) bison are considered a historical symbol 2014, as the second annual National Bison of the United States; Day; and previous order. (2) bison were integrally linked with the (23) members of Indian tribes, bison pro- There being no objection, the Senate, economic and spiritual lives of many Indian ducers, conservationists, sportsmen, edu- at 9:53 p.m., adjourned until Monday, tribes through trade and sacred ceremonies; cators, and other public and private partners December 7, 2015, at 2 p.m.

VerDate Sep 11 2014 06:59 Dec 04, 2015 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\G03DE6.100 S03DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE