[Congressional Record Volume 160, Number 152 (Friday, December 12, 2014)]
[Senate]
[Pages S6791-S6794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4100. Mr. REID proposed an amendment to the bill H.R. 83, to 
require the Secretary of the Interior to assemble a team of technical, 
policy, and financial experts to address the energy needs of the 
insular areas of the United States and the Freely Associated States 
through the development of energy action plans aimed at promoting 
access to affordable, reliable energy, including increasing use of 
indigenous clean-energy resources, and for other purposes; as follows:

       At the end, add the following:
       This Act shall become effective 1 day after enactment.
                                 ______
                                 
  SA 4101. Mr. REID proposed an amendment to amendment SA 4100 proposed 
by Mr. Reid to the bill H.R. 83, to require the Secretary of the 
Interior to assemble a team of technical, policy, and financial experts 
to address the energy needs of the insular areas of the United States 
and the Freely Associated States through the development of energy 
action plans aimed at promoting access to affordable, reliable energy, 
including increasing use of indigenous clean-energy resources, and for 
other purposes; as follows:

       In the amendment, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 4102. Mr. REID proposed an amendment to the bill H.R. 83, to 
require the Secretary of the Interior to assemble a team of technical, 
policy, and financial experts to address the energy needs of the 
insular areas of the United States and the Freely Associated States 
through the development of energy action plans aimed at promoting 
access to affordable, reliable energy, including increasing use of 
indigenous clean-energy resources, and for other purposes; as follows:

       At the end, add the following:
       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 4103. Mr. REID proposed an amendment to amendment SA 4102 proposed 
by Mr. Reid to the bill H.R. 83, to require the Secretary of the 
Interior to assemble a team of technical, policy, and financial experts 
to address the energy needs of the insular areas of the United States 
and the Freely Associated States through the development of energy 
action plans aimed at promoting access to affordable, reliable energy, 
including increasing use of indigenous clean-energy resources, and for 
other purposes; as follows:

       In the amendment, strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 4104. Mr. REID proposed an amendment to amendment SA 4103 proposed 
by Mr. Reid to the amendment SA 4102 proposed by Mr. Reid to the bill 
H.R. 83, to require the Secretary of the Interior to assemble a team of 
technical, policy, and financial experts to address the energy needs of 
the insular areas of the United States and the Freely Associated States 
through the development of energy action plans aimed at promoting 
access to affordable, reliable energy, including increasing use of 
indigenous clean-energy resources, and for other purposes; as follows:

       In the amendment, strike ``4'' and insert ``5''.
                                 ______
                                 
  SA 4105. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 135, strike line 11 and all that follows 
     through page 140, line 4 and insert the following:
       ``(e) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Eligible individual.--An individual is an eligible 
     individual for a taxable year if during such taxable year the 
     individual is entitled to benefits based on blindness or 
     disability under title II or XVI of the Social Security Act, 
     and such blindness or disability occurred before the date on 
     which the individual attained age 26.
       ``(2) Designated beneficiary.--The term `designated 
     beneficiary' in connection with an ABLE account established 
     under a qualified ABLE program means the eligible individual 
     who established an ABLE account and is the owner of such 
     account.
       ``(3) Member of family.--The term `member of the family' 
     means, with respect to any designated beneficiary, an 
     individual who bears a relationship to such beneficiary which 
     is described in subparagraph section 152(d)(2)(B). For 
     purposes of the preceding sentence, a rule similar to the 
     rule of section 152(f)(1)(B) shall apply.
       ``(4) Qualified disability expenses.--The term `qualified 
     disability expenses' means any expenses related to the 
     eligible individual's blindness or disability which are made 
     for the benefit of an eligible individual who is the 
     designated beneficiary, including the following expenses: 
     education, housing, transportation, employment training and 
     support, assistive technology and personal support services, 
     health, prevention and wellness, financial management and 
     administrative services, legal fees, expenses for oversight 
     and monitoring, funeral and burial expenses, and other 
     expenses, which are approved by the Secretary under 
     regulations and consistent with the purposes of this section.
       ``(5) ABLE account.--The term `ABLE account' means an 
     account established by an eligible individual, owned by such 
     eligible individual, and maintained under a qualified ABLE 
     program.
       ``(6) Contracting state.--The term `contracting State' 
     means a State without a qualified ABLE program which has 
     entered into a contract with a State with a qualified ABLE 
     program to provide residents of the contracting State access 
     to a qualified ABLE program.
       ``(f) Transfer to State.--Subject to any outstanding 
     payments due for qualified disability expenses, upon the 
     death of the designated beneficiary, all amounts remaining in 
     the qualified ABLE account not in excess of the amount equal 
     to the total medical assistance paid for the designated 
     beneficiary after the establishment of the account, net of 
     any premiums paid from the account or paid by or on behalf of 
     the beneficiary to a Medicaid Buy-In program under any State 
     Medicaid plan established under title XIX of the Social 
     Security Act, shall be distributed to such State upon filing 
     of a claim for payment by such State. For purposes of this 
     paragraph, the State shall be a creditor of an ABLE account 
     and not a beneficiary. Subsection (c)(3) shall not apply to a 
     distribution under the preceding sentence.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as the Secretary determines 
     necessary or appropriate to carry out the purposes of this 
     section, including regulations--
       ``(1) to enforce the 1 ABLE account per eligible individual 
     limit,
       ``(2) providing for the information required to be 
     presented to open an ABLE account,
       ``(3) to generally define qualified disability expenses,
       ``(4) to prevent fraud and abuse with respect to amounts 
     claimed as qualified disability expenses,
       ``(5) under chapters 11, 12, and 13 of this title, and

[[Page S6792]]

       ``(6) to allow for transfers from one ABLE account to 
     another ABLE account.''.
                                 ______
                                 
  SA 4106. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 115.
                                 ______
                                 
  SA 4107. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 12, strike lines 9 through 16.
                                 ______
                                 
  SA 4108. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 25, strike line 13 through page 26, line 
     7.
                                 ______
                                 
  SA 4109. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 26, strike line 17 through page 27, line 
     5.
                                 ______
                                 
  SA 4110. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 11, strike lines 14 through 21.
                                 ______
                                 
  SA 4111. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 12, strike lines 18 through 25.
                                 ______
                                 
  SA 4112. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 14, strike lines 12 through 20.
                                 ______
                                 
  SA 4113. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON USING TAX-EXEMPT STATE AND LOCAL 
                   BONDS FOR CERTAIN FACILITIES.

       (a) In General.--Section 103(b) is amended by adding at the 
     end the following new paragraph:
       ``(4) Bond to finance certain facilities.--Any bond to 
     finance a facility primarily used for gambling, a private or 
     commercial golf course, a country club, a skybox or other 
     private luxury box, or a stadium or arena for professional 
     sports exhibitions or games.''.
                                 ______
                                 
  SA 4114. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 10, between lines 19 and 20, insert the following:
       (c) Prohibition on Combining the New Market Tax Credit With 
     Other Sources of Federal Funding.--Section 45D is amended by 
     adding at the end the following new subsection:
       ``(j) Prohibition.--A qualified community development 
     entity shall not use any equity leveraged through the new 
     markets tax credit under this section on any project that is 
     benefitting from the rehabilitation credit for certified 
     historic structures under section 47.''.
                                 ______
                                 
  SA 4115. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 10, between lines 19 and 20, insert the following:
       (c) Prohibition on Use of the New Market Tax Credit on 
     Certain Facilities.--Section 45D is amended by adding at the 
     end the following new subsection:
       ``(j) Prohibition.--Any amounts allocated to a qualified 
     community development entity under this section shall not be 
     used to leverage funding for the purchase, construction, 
     maintenance, or operation of a fast-food restaurant, gas 
     station, flea market, doggy daycare or grooming facility, or 
     brewery.''.
                                 ______
                                 
  SA 4116. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5771, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions and make technical corrections, 
to amend the Internal Revenue Code of 1986 to provide for the tax 
treatment of ABLE accounts established under State programs for the 
care of family members with disabilities, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DISCLOSURE OF PUBLIC COMPANIES RECEIVING CERTAIN TAX 
                   BENEFITS.

       (a) In General.--Notwithstanding section 6103 of the 
     Internal Revenue Code of 1986 or any other provision of law, 
     the Secretary of the Treasury, or the Secretary's delegate, 
     shall provide to administrator of the website established 
     under the Federal Funding Accountability and Transparency Act 
     of 2006 (31 U.S.C. 6101 note), for purposes of inclusion on 
     such website, the information described in subsection (b) 
     with respect to any corporation--
       (1) the stock of which is publicly traded on an established 
     securities market, and
       (2) which is allowed an applicable tax benefit.
       (b) Information Included.--The information described in 
     this subsection is--
       (1) the name of the corporation,
       (2) the type of applicable tax benefit, and
       (3) the amount of the applicable tax benefit.
       (c) Applicable Tax Benefit.--For purposes of this section, 
     the term ``applicable tax benefit'' means, with respect to 
     any taxpayer for any taxable year beginning after December 
     31, 2013, any credit, deduction, or other benefit allowed to 
     the taxpayer by reason of an amendment made by--
       (1) part II or part III of subtitle A of title I of this 
     Act,
       (2) subtitle B of title I of this Act, or
       (3) section 107(b) of this Act.

[[Page S6793]]

                                 ______
                                 
  SA 4117. Mr. MENENDEZ (for himself, Mr. Kaine, Mr. Cardin, Mrs. 
Shaheen, Mr. Coons, Mr. Udall of New Mexico, Mr. Murphy, Mr. Markey, 
and Mrs. Boxer) submitted an amendment intended to be proposed by him 
to the bill H.R. 83, to require the Secretary of the Interior to 
assemble a team of technical, policy, and financial experts to address 
the energy needs of the insular areas of the United States and the 
Freely Associated States through the development of energy action plans 
aimed at promoting access to affordable, reliable energy, including 
increasing use of indigenous clean-energy resources, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

   DIVISION __--AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST THE 
                  ISLAMIC STATE OF IRAQ AND THE LEVANT

     SEC. __01. SHORT TITLE.

       This division may be cited as the ``Authorization for the 
     Use of Military Force against the Islamic State of Iraq and 
     the Levant''.

     SEC. __02. FINDINGS.

       (a) Findings.--Congress makes the following findings:
       (1) The terrorist organization known as the Islamic State 
     of Iraq and the Levant and various other names (in this 
     division referred to as ``ISIL'') poses a grave threat to the 
     people and territorial integrity of Iraq, Syria, regional 
     stability, and the national security interests of the United 
     States and its allies and partners.
       (2) ISIL holds significant territory in Iraq and Syria and 
     has stated its intention to seize more territory and 
     demonstrated the capability to do so.
       (3) ISIL leaders have stated that they intend to conduct 
     terrorist attacks internationally, including against the 
     United States, its citizens, and interests.
       (4) ISIL has committed despicable acts of violence and mass 
     executions against Muslims, regardless of sect, who do not 
     subscribe to ISIL's depraved, violent, and oppressive 
     ideology.
       (5) ISIL has threatened genocide and committed vicious acts 
     of violence against religious and ethnic minority groups, 
     including Iraqi Christians, Yezidi, and Turkmen populations.
       (6) ISIL has targeted innocent women and girls with 
     horrific acts of violence, including abduction, enslavement, 
     torture, rape, and forced marriage.
       (7) ISIL is responsible for the brutal murder of innocent 
     United States citizens, including James Foley, Steven 
     Sotloff, and Abdul-Rahman Peter Kassig.
       (8) It is the policy of the United States to work with 
     regional and global allies and partners to degrade and defeat 
     ISIL, to cut off its funding, to stop the flow of foreign 
     fighters to its ranks, and to support local communities as 
     they reject ISIL.
       (9) The announcement of the anti-ISIL Coalition on 
     September 5, 2014, during the NATO Summit in Wales, stated 
     that ISIL poses a serious threat and should be countered by a 
     broad international coalition.
       (10) President Barack Obama articulated five lines of 
     effort in the campaign to counter ISIL, including supporting 
     regional military partners, stopping the flow of foreign 
     fighters, cutting off ISIL's access to financing, addressing 
     urgent humanitarian needs, and contesting ISIL's messaging.
       (11) The United States Government calls on its allies and 
     partners in the Middle East and North Africa that have not 
     already done so to join and participate in the anti-ISIL 
     Coalition.
       (12) The United States Government has successfully 
     conducted airstrikes in Iraq, in coordination with Iraqi and 
     Kurdish security forces, to prevent humanitarian 
     catastrophes, protect vulnerable minority populations, repel 
     ISIL from areas of strategic importance, and demonstrate 
     support to communities in western and northern Iraq being 
     terrorized by ISIL.
       (13) The United States Government has successfully 
     conducted airstrikes in Syria, in coordination with local 
     actors on the ground who demonstrate commitment and 
     capability in countering ISIL, in order to target ISIL 
     training camps and munitions facilities, stop sources of ISIL 
     funding, protect vulnerable minority populations, and target 
     extremist groups intent on attacking the United States and 
     its allies.
       (14) United States and Coalition airstrikes to date have 
     succeeded in halting ISIL's advance in Iraq and Syria.
       (15) The President should to the greatest extent possible 
     act in concert or cooperation with the security forces of 
     other countries in the region to counter the grave threat to 
     regional stability and international security posed by ISIL.
       (16) The anti-ISIL strategy requires effective local 
     security forces in Iraq and Syria, and empowered political 
     leaders committed to leading inclusive, representative 
     governments that enable citizens in both countries to achieve 
     their legitimate aspirations and to live in peace and 
     security.
       (17) President Obama stated on November 5, 2014, his 
     commitment to working with Congress to pass an authorization 
     for the use of military force for the anti-ISIL military 
     campaign.

     SEC. __03. AUTHORIZATION FOR USE OF UNITED STATES ARMED 
                   FORCES.

       (a) Authorization.--The President is authorized, subject to 
     the limitations in subsection (c), to use the Armed Forces of 
     the United States as the President determines to be necessary 
     and appropriate against the Islamic State of Iraq and the 
     Levant or associated persons or forces as defined in section 
     __06.
       (b) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution (50 U.S.C. 
     1547(a)(1)), Congress declares that this section is intended 
     to constitute specific statutory authorization within the 
     meaning of section 5(b) of the War Powers Resolution (50 
     U.S.C. 1544(b)), within the limits of the authorization 
     established under this section.
       (2) Applicability of other requirements.--Nothing in this 
     division supersedes any requirement of the War Powers 
     Resolution (50 U.S.C. 1541 et seq.).
       (c) Limitations.--The authority granted in subsection (a) 
     does not authorize the use of the United States Armed Forces 
     for the purpose of ground combat operations except as 
     necessary--
       (1) for the protection or rescue of members of the United 
     States Armed Forces or United States citizens from imminent 
     danger posed by ISIL; or
       (2) to conduct missions not intended to result in ground 
     combat operations by United States forces, such as--
       (A) intelligence collection and sharing;
       (B) enabling kinetic strikes;
       (C) operational planning; or
       (D) other forms of advice and assistance to forces fighting 
     ISIL in Iraq or Syria.

     SEC. __04. DURATION OF THIS AUTHORIZATION.

       This authorization for the use of military force shall 
     terminate three years after the date of the enactment of this 
     Act, unless reauthorized.

     SEC. __05. REPORTS.

       (a) Periodic Report.--The President shall report to 
     Congress at least once every 60 days on specific actions 
     taken pursuant to this authorization.
       (b) Comprehensive Strategy.--Not later than 30 days after 
     the date of the enactment of this Act, the President shall 
     submit to Congress an unclassified report, which may include 
     a classified annex, on the comprehensive strategy of the 
     United States in Iraq and Syria, including all activities 
     authorized by this division. The comprehensive strategy 
     report shall include--
       (1) The specific political and diplomatic objectives of the 
     United States in the region and the methods proposed to 
     achieve them.
       (2) Clearly defined military objectives of the United 
     States, including--
       (A) a list of the organizations and entities to be targeted 
     by military operations;
       (B) the geographic scope of military operations; and
       (C) methods for limiting civilian casualties.
       (3) Actual and proposed contributions from coalition 
     partners of the United States, including financing, 
     equipment, training, troops, and logistics support.
       (4) Humanitarian assistance and support for displaced 
     civilian populations.
       (5) Benchmarks for assessing progress toward political, 
     diplomatic, and military goals.
       (6) A realistic end goal and exit strategy.
       (7) An estimate of the costs involved and how any funds 
     made available for activities authorized by this division 
     will be fully offset through reduced spending, increased 
     revenue, or both.

     SEC. __06. ASSOCIATED PERSONS OR FORCES DEFINED.

       In this division, the term ``associated persons or forces'' 
     means individuals and organizations fighting for or on behalf 
     of the Islamic State of Iraq and the Levant or a closely-
     related successor entity, for the purposes of action 
     authorized to be taken under this division.

     SEC. __07. APPLICABILITY.

       The provisions of this division pertaining to the 
     authorization of use of force against the Islamic State of 
     Iraq and the Levant shall supersede any preceding 
     authorization for the use of military force.

     SEC. __08. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ.

       The Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 
     U.S.C. 1541 note) is hereby repealed.

     SEC. __09. SUNSET OF 2001 AUTHORIZATION FOR USE OF MILITARY 
                   FORCE.

       The Authorization for Use of Military Force (Public Law 
     107-40; 50 U.S.C. 1541 note) shall terminate on the date that 
     is three years after the date of the enactment of this Act, 
     unless reauthorized.
                                 ______
                                 
  SA 4118. Ms. WARREN (for herself, Mr. Vitter, Mr. Markey, and Mr. 
Merkley) submitted an amendment intended to be proposed by her to the 
bill H.R. 83, to require the Secretary of the Interior to assemble a 
team of technical, policy, and financial experts to address the energy 
needs of the insular areas of the United States and the Freely 
Associated States through the development of energy action plans

[[Page S6794]]

aimed at promoting access to affordable, reliable energy, including 
increasing use of indigenous clean-energy resources, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 630 of title VI of division E (amending 
     section 716 of the Dodd-Frank Wall Street Reform and Consumer 
     Protection Act (15 U.S.C. 8305)).

                          ____________________