[Congressional Record Volume 161, Number 121 (Wednesday, July 29, 2015)]
[House]
[Pages H5610-H5623]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONSIDERATION OF H.R. 1994, VA ACCOUNTABILITY ACT OF
2015, AND PROVIDING FOR CONSIDERATION OF H.R. 3236, SURFACE
TRANSPORTATION AND VETERANS HEALTH CARE CHOICE IMPROVEMENT ACT OF 2015
Mr. SESSIONS. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 388 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 388
Resolved, That at any time after adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 1994) to amend title 38, United States Code,
to provide for the removal or demotion of employees of the
Department of Veterans Affairs based on performance or
misconduct, and for other purposes. The first reading of the
bill shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chair and ranking minority
member of the Committee on Veterans' Affairs. After general
debate the bill shall be considered for amendment under the
five-minute rule. It shall be in order to consider as an
original bill for the purpose of amendment under the five-
minute rule the amendment in the nature of a substitute
recommended by the Committee on Veterans' Affairs now printed
in the bill. The committee amendment in the nature of a
substitute shall be considered as read. All points of order
against the committee amendment in the nature of a substitute
are waived. No amendment to the committee amendment in the
nature of a substitute shall be in order except those printed
in the report of the Committee on Rules accompanying this
resolution. Each such amendment may be offered only in the
order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. All points of order against such
amendments are waived. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or to the committee amendment in the nature of a
substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
Sec. 2. Upon adoption of this resolution it shall be in
order to consider in the House the bill (H.R. 3236) to
provide an extension of Federal-aid highway, highway safety,
motor carrier safety, transit, and other programs funded out
of the Highway Trust Fund, to provide resource flexibility to
the Department of Veterans Affairs for health care services,
and for other purposes. All points of order against
consideration of the bill are waived. The bill shall be
considered as read. All points of order against provisions in
the bill are waived. The previous question shall be
considered as ordered on the bill and on any amendment
thereto to final passage without intervening motion except:
(1) one hour of debate equally divided among and controlled
by the respective chairs and ranking minority members of the
Committees on Transportation and Infrastructure, Ways and
Means, and Veterans' Affairs; and (2) one motion to recommit.
{time} 1245
The SPEAKER pro tempore (Mr. Duncan of Tennessee). The gentleman from
Texas is recognized for 1 hour.
Mr. SESSIONS. Mr. Speaker, for the purpose of debate only, I yield
the customary 30 minutes to the gentleman from Colorado (Mr. Polis), my
friend, pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.
[[Page H5611]]
General Leave
Mr. SESSIONS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SESSIONS. Mr. Speaker, we are here at the end of the work that we
have done before our break home for the August recess, where we will
have an opportunity to go back to the American people and talk with
them as they are in our homes, our cities, our neighborhoods, our
schools, our firehouses, and our places of worship; and we will have a
chance to meet and talk with them about the great work that Republicans
have achieved and done up here in Washington, D.C., during this first
half of the year.
I am very pleased to know that today, as we are preparing to leave to
go back home for our district work session, that we are going to be
presenting several bills on the floor that are done to try and move
forward not only thoughts and ideas that we have for the House of
Representatives but, really, to work in the spirit of things with the
other body, the United States Senate, so that we can make sure that the
American people, their vision, their needs are before the American
people. That is why I am here today.
Mr. Speaker, last year, the American people were shocked, once again,
by the news that dozens of our Nation's veterans were left to die while
they waited for medical care in the VA. The VA hospital, which is
located in so many of our communities around this great Nation, has
simply not performed well and, in several instances, has had shocking
results. That is also why we are here today.
In response, Congress passed something called the Choice Act, which
makes it easier to remove senior executives at the VA who had
underperformed, who have not done their job properly on behalf of not
just the taxpayers of this country, but on behalf of a grateful Nation
who is serving the men and women who have given their very best years
and lives to this country through their service to the United States
military.
We believe that removing people who cannot make wise choices and
decisions at the VA was the right thing to do. We were trying to put
the President, his administration, the Secretary, and senior managers
at the VA not only on notice that we would not tolerate bad behavior,
poor decisions, and ineffective management, but that we were going to
do something about it. By the way, we felt like they were
underperforming to a deserving crowd, and that is our veterans.
Well, the President agreed with us, too. The bill was signed into
law. We got that done last year, the Choice Act. It was a good decision
by this body when we faced the times where we recognized in not only a
public way, but in an outpouring of support from veterans who said this
has to change. The Republican Congress did just that.
Our chairman of the Committee on Veterans' Affairs from Florida (Mr.
Miller) very quickly and clearly went and did an investigation on a
bipartisan basis, looked at the VA, and made these decisions. That was
what we did a year ago.
Since then, only two VA employees have been fired for their role in
what is now known as the waiting list scandal. What is this waiting
list scandal? The waiting list scandal is a way by which the VA denied
veterans an opportunity to come and get the health care that they
needed by stringing them out and then deceiving others--including
themselves in the VA--about what the waiting times were. They deceived
not only these people who were given these long dates; they deceived
the management. They also deceived the United States Congress.
Well, as happens many times, people find out. Well, we did find out.
This meant that the deaths that were covered up, the veterans that were
neglected, and the statistics that were provided to us and others were
altered.
One year later, the waiting list grows longer and longer and longer
for everyone. No doubt, we gave the administration the tools that they
asked for that they agree with. Only two people have been fired.
Mr. Speaker, we were sincere about what we did by giving them the
authority and the responsibility. We expected them to clean it up. I
look to not only our chairman, Jeff Miller, but we look to the VA also
to stand up and say they disagreed with that. Not much has happened--
certainly not enough.
We are back here again. Poor performances and bad actors still
continue to undermine the VA. They continue to undermine not only the
scheduling, they undermine the service; they undermine the quality that
should be available to our veterans. As a result of this, the ability
that we think we are providing to our veterans is diminished. The care
for our veterans, wounded and sick veterans, continues to lag.
Republicans are back at the table. Our young chairman, Jeff Miller,
has stayed at the table. He has stayed working on this issue on a
bipartisan basis with the members of the Committee on Veterans' Affairs
by knowing what is happening all across this country, learning more
about not just the facts of the case, but the stories that come from
the veterans themselves, the stories that may come from people who are
inside the VA. They are important to us learning what is really
happening.
Because the VA has a long and well-documented history of failing to
hold employees accountable, we are back here today with another bill.
That is right, another bill that we are going to handle on the floor by
this Republican House with Democrats on a bipartisan basis, to make it
easier to remove or demote employees who do not do their job and who
need to be out of that organization.
We are going to give this organization exactly what they are asking
for again. We are going to give the VA and their new Veterans Secretary
the ability to clean up their mess. We are trying our best to hold them
accountable yet, at the same time, expect them to do the right thing.
Yesterday, in testimony, we had our chairman say he has confidence in
the Secretary; he has confidence that the Secretary can adjust and make
these changes, but the law needs to be updated and changed.
That is why we are here today, to give the VA the tools that they
need--just like when I was a manager in the private sector, I needed
the tools to run my organization properly and effectively--the ability
to move employees that were not doing their job--perhaps it is a bad
fit--or to get rid of employees or even fire them if they are not only
not performing their job, but deceptively trying to harm patients in
the process.
Mr. Speaker, this bill would send a clear message to employees of the
VA, and we intend to do that today. We are going to send a very clear
message to them that they either perform properly or, if they are
harming our effort to help our veterans, it is time for them to leave.
If they are not up to doing the task very well, this Department will be
given the opportunity, the law, and the leverage to do just that.
This bill would send another important signal also. If you choose to
demonstrate the moral courage necessary to stand up for veterans and to
blow the whistle on those who are not, we want to make sure that you
are protected, that you can come forth inside your own organization of
the VA to report and root out bad behavior. We must fix this.
Mr. Speaker, too many times, the testimony yesterday revealed that
these VA facilities in location after location after location around
this country are deathtraps for our veterans.
These elder gentlemen, veterans who go to seek help, they know it is
a deathtrap; and that is why we need to also address this, for the
safety of men and women who have protected this great Nation.
Congress needs to make it clear--and we can today--that supervisors
at the VA cannot retaliate against whistleblowers.
If there is somebody in the organization who is willing to tell the
truth and come forward, you cannot retaliate against them because they
are going to tell the truth about the poor service and responsibility
toward aiding our veterans. It will not be tolerated.
Every Member of this body will have an equal opportunity today to say
that is the right thing to do because this is what the Secretary is
asking for.
[[Page H5612]]
Mr. Speaker, the American people deserve to know that, when our
veterans are treated poorly, this bill would help them; when our VA
employees understand that somebody who was going to turn a blind eye
before now, we will no longer do that.
We are going to give the VA the tools to root out the problems, to
make this better, so that we can honestly look at our men and women and
say: Thank you for your service; this grateful Nation does care about
you.
Mr. Speaker, it is time for sweeping cultural changes at the VA. It
is time to remove the bureaucrats who will make excuses, who will hide
things, and who will make circumstances dangerous and worse for our
veterans.
It is time to hold senior executives accountable when the VA
underperforms, and that is why I am joining the American Legion, the
VFW, and other veterans associations in supporting H.R. 1994. That is
what the testimony revealed yesterday at the Committee on Rules when we
heard from not only the chairman of the committee, but others about the
importance of this bill.
This rule would also provide for debate for H.R. 3236, the Surface
Transportation and Veterans Health Care Choice Improvement Act of 2015.
We have two specific purposes that we are here for: first, for the VA;
and, second, to make sure that we authorize an extension for the
Federal surface transportation program through October 29.
It is a well-known understanding that our young chairman, Bill
Shuster, of the Committee on Transportation and Infrastructure has been
working and working and working. We indicated last year in November
and, again, in December that we would allow an extension to this date
from last year; and Chairman Shuster said he thought he could have a
deal by now.
Well, as it turned out, the United States Senate is debating that
this week. They are going through a weeklong process to determine what
they would like their transportation bill to be like. The bottom line
is a thousand-page bill that has not yet passed, that we do not know
the substance of, and we are not going to agree with sight unseen.
Our young chairman, Bill Shuster, has asked that we offer a very
polite and reasonable option, and that is give us an opportunity to
review this. They have done the hard work, the United States Senate. We
will do the same, and we will get that done by October 29.
{time} 1300
It would also avoid a shortfall that would keep the VA from closing
hospitals across this country.
Mr. Speaker, this is the substance of what this rule and the
underlying legislation is all about.
I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I thank the gentleman from Texas for yielding
me the customary 30 minutes, and I yield myself such time as I may
consume.
Mr. Speaker, I rise in opposition to the rule and the underlying
bills, H.R. 3236, the Surface Transportation and Veterans Health Care
Choice Improvement Act, and H.R. 1994, the VA Accountability Act.
Yet again, we have a grab bag rule that covers multiple bills on
wildly different subjects--in this case, transportation and veterans
care--in one bill; and yet we have a closed rule that is pushing
through a last-minute deal that kicks the can down the road yet again
on highway reauthorization when there is reason to believe that, if we
simply stayed in town and worked another week, we might be able to work
with the Senate to get to an end point with regard to a long-term
reauthorization.
The closed rule here limits the discussion of alternatives on the
issue of transportation funding. Even worse, the bill has two entirely
unrelated aspects. I have never heard of a crazier name than the
Surface Transportation and Veterans Health Care Choice Improvement Act.
This is part of the problem of this body over the last several years.
Republican leadership has moved towards doing more and more omnibuses
and minibuses. That means combining disparate bills--transportation,
veterans--into one bill, which isn't healthy for the accountability of
this body among the electorate.
If you vote against this bill, for instance, because you don't like
the transportation provisions, does that mean you are against veterans?
If you don't like the veterans provisions and you vote against this
bill, does that mean you are against transportation? How easy it would
be to simply have two votes on each of these bills so Members on both
sides of the aisle can vote their conscience and our constituents can
hold us accountable.
Of course, it is necessary to give the VA the authority to transfer
$3.3 billion for healthcare services. There is strong agreement on both
sides. We could run the bill through on suspension. We wouldn't even
need to open it up for a rule. It would pass with more than a two-
thirds vote. But there are problematic additions attached to that part
of the bill. It is also combined with yet another temporary fix for our
Nation's highway system, instead of trying to stay in town another week
and work on a more permanent fix to help meet the needs of the
transportation arteries of our country.
As you know, Mr. Speaker, 54 percent of our Nation's major roads and
bridges are rated poor or mediocre. Forty-five percent of Americans
don't have access to public transit. Congestion produced by our
legislative failures here wastes valuable time and money and detracts
from the growth of the American economy. It is estimated Americans will
lose 8.4 billion hours and 4.45 billion gallons of gas over a decade.
That means the average consumer is wasting $800 a year and 5 full days
of their life away from their kids, away from their family, simply
sitting in traffic. Mr. Speaker, that is unacceptable.
My constituents are no strangers to traffic. If you have been to Fort
Collins, one of the largest cities in my district and home to one of
our great universities, you will find that on highway 25 my
constituents endure gridlocked traffic at rush hour, doubling or
tripling their commuting times.
Expansion of highway 25 and high-speed rail along highway 70 and
highway 36 have been given completion dates of decades from now--60
years, in some cases. Try to imagine being told your doctor wants to
slowly break down blockages in your arteries over a period of 60 years.
You won't make it that far.
Our communities need to do something about traffic now. Tourism and
commerce are the lifeblood of Fort Collins, Boulder, and our mountain
communities like Vail, Frisco, and Breckenridge. For these towns to
survive and thrive, we need to tackle our transportation funding needs
head-on.
From our other speakers, you will hear a lot about the Export-Import
Bank, the one item that somehow, with this grab bag that includes
veterans and transportation, there is a strong bipartisan majority for
reauthorizing the Export-Import Bank. In fact, 67 Senators in the
Republican-led Senate voted to reauthorize the Export-Import Bank, and
yet somehow that item didn't make the grab bag.
If Congress fails to act, one of the most important items is it will
result concretely in the loss of tens of thousands of American jobs and
make American companies less competitive for exports at a time when
global competitiveness and the global economy is more important than
ever, which was left out of this grab bag of bills.
I understand ideological issues with the Export-Import Bank. In a
perfect world, I would agree with my colleagues who argue we shouldn't
need to do this kind of effective subsidy for exporters; but if other
countries are doing it and it is permissible under WTO and trade rules,
we would truly be idiots to unilaterally disarm and not engage in a
legal practice that facilitates the credit of American exporting
businesses. Effectively, it would lead to the exporting of more jobs
overseas and making American companies less competitive in selling
their products.
So, by all means, let's have the discussion around multilateral
adjustments to the type of credit facilities that countries can engage
in with exporting countries, but let's not look at unilateral
disarmament that makes America less competitive and destroys jobs.
You will hear a lot about how simple it would be, my colleagues would
indicate, to simply get this done before we leave. Isn't it worth
another week of our time to save tens of thousands of American jobs?
[[Page H5613]]
The second part of the rule, H.R. 1994, the VA Accountability Act,
one of the main problems with it is it would create a culture of fear
that would imperil the services our veterans need and deserve.
The tragedy in the Phoenix VA system is an example. It became known
because of a few courageous whistleblowers. Had this legislation been
in place, this tragedy could have been swept under the rug for many
more years.
Without whistleblowers and strong whistleblower protections, the VA
hospital debacle in my State of Colorado, in Aurora, could have even
been a worse situation, if you can imagine that.
This legislation is not just bad for whistleblowers, it is also
unconstitutional. Supreme Court case law has clearly outlined the due
process that employees have before their jobs are taken away. This bill
turns its back on due process and allows any VA employee to be fired on
the spot for retribution.
The limited process provided in this legislation is far below the
constitutional requirements, which is why the President has promised to
veto this bill. All this bill is attempting to do is destroy the
whistleblower and professional civil service system and, thus, the
livelihood of thousands and the quality of service to our veterans.
The appropriate action is to get the VA to do their job through
appropriate legislation which creates true accountability, which this
bill fails to achieve, or discuss how we might reform the dollars we
allocate to the VA to best serve our veterans, however possible.
We will debate an alternative today by my colleague, Mr. Takano of
California, that would retain due process but allows the VA to
immediately fire any employee who poses a health or safety risk to
veterans. Additionally, it prevents employees from staying on paid
administrative leave--even being bounced around the VA--by limiting the
time to 2 weeks, a similarity to one of the positive aspects of the
bill before us today.
Mr. Takano's legislation, for example, would have allowed the VA to
immediately fire those responsible for the Phoenix scandal and kept in
place the whistleblower protections that allowed us to find out about
the Phoenix scandal.
Mr. Speaker, for these reasons, I oppose the rule and the underlying
legislation, and I reserve the balance of my time.
Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
I admire the gentleman very much. We work very well together. But I
think it is a misstatement to say that this bill would allow people to
be fired on the spot at the VA. That is certainly, I don't believe,
true at all. I believe it would have to be with cause, and the VA would
have to have a reason.
There is nothing in this legislation where we would empower people to
do things that would not follow proper Federal law nor established
rules of procedure for the employee to have the proper amount of
protection. But what is stated and understood is, where an employee has
been underperforming, misperforming, or has violated their oath of
office, where they have a diligence to people under their care or where
they have done intentional deeds and then tried to cover it up, that
would be cause, and that is what this is about.
This is not about firing someone on the spot. I think it would be a
misstatement to try and characterize this important legislation that
has been well thought through, as well as worked out with the VA, as
being from that perspective.
I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, if we defeat the previous question, I will
offer an amendment to allow the House to vote on reauthorizing the
Export-Import Bank, as proposed by Mr. Fincher yesterday. It is the
same exact language that passed the Senate by a vote of 67-29.
Mr. Speaker, the Export-Import Bank allows American businesses to
compete in global markets and supports hundreds of thousands of jobs.
I yield 3 minutes to the distinguished gentleman from Maryland (Mr.
Hoyer), the Democratic whip, to discuss our proposal.
Mr. HOYER. I thank Mr. Polis from Colorado for yielding.
I rise in opposition to this rule. This is our last day in session
before we leave for 5 or 6 weeks. We then will have 13 days before the
end of the fiscal year. We have a number of things that the American
public expects us to do that enjoys almost universal support on this
floor, one of which enjoys a significant majority of support on this
floor.
Mr. Speaker, let me quote the Speaker of this House, John Boehner.
``Above all else,'' he said as he assumed the Speakership, ``we will
welcome the battle of ideas, encourage it, engage in it--openly,
honestly, and respectfully.''
``As the Chamber,'' he went on to say, ``closest to the people, the
House works best when it is allowed to work its will.'' He then said,
``I ask all Members of this body to join me in recognizing this common
truth.'' Al Gore, the former Vice-President of the United States, would
observe, however, that is an inconvenient truth.
It is an inconvenient truth because the chairman of the Financial
Services Committee, representing the minority of this House, is opposed
to the Export-Import Bank. He has been opposed to it since we adopted
it in 2012, with an overwhelming majority of votes from both sides of
the aisle--as a matter of fact, a unanimous vote from the Democratic
side of the aisle and over 140 Members from the Republican side of the
aisle--just 3 years ago.
This rule makes in order, as the gentleman noticed, two bills, one of
which I vigorously oppose but won't spend a lot of time on. While the
gentleman is probably correct that it is not immediate firing, it is a
substantial undermining of the Civil Service Act adopted so that we
would not have a patronage, politically ridden system, but a civil
service system based on merit.
This bill then makes in order an extension of the highway bill, which
certainly we ought to do. It is somewhat ironic that we say it is a 3-
month extension. We passed a 5-month extension. I voted for the 5-month
extension. Everybody ought to know that we fund it for 5 months, of
course. We call it a 3-month extension. I hope that will satisfy
Senator McConnell so that he can then pass it.
We then provide for $3.3 billion so that we will make sure our
veterans hospitals and medical care stays in operation. Both of those
could have been passed on this House floor by unanimous consent.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. POLIS. I yield the gentleman an additional 1 minute.
Mr. HOYER. I thank the gentleman.
We now leave for another month the Export-Import Bank, which is
responsible for the creation and retaining of jobs in America.
We all talk about jobs in America, but the Speaker has said, again,
that the failure to pass this bill is losing jobs right now. And yet my
Republican friends, in tipping their hat to the chairman of the
Financial Services Committee, say we are not going to consider that, as
they did last month in July. I know we haven't gotten out of July yet,
but we will go through August, and then we will go through September.
Mr. Fincher tells me he thinks that bill will be brought to the floor
in some form or another in September, but it will have cost us jobs and
competitiveness overseas with the 60 countries that have an export-
import bank that are making sure that the purchases of their goods made
in their countries are cheaper than the goods sold in our country. That
costs American jobs.
{time} 1315
We ought to reject this rule, and we ought to do what the Speaker of
the House said we ought to do; treat one another with respect, and let
the House work its will.
There are 240-plus, maybe 250, maybe 260, maybe 270 votes. You only
need 218 to pass the Export-Import Bank on this floor.
I will yield to anybody who says: No, Mr. Hoyer, you are wrong; it
doesn't have the majority vote.
The SPEAKER pro tempore. The time of the gentleman has again expired.
Mr. POLIS. I yield the gentleman an additional 30 seconds.
Mr. HOYER. I will yield to anybody on this floor who will say: Mr.
Hoyer, you are wrong.
[[Page H5614]]
Apparently, there is nobody on the floor who is going to suggest that
the will of this House, as represented by a majority that would vote on
this bill, would not be for extending the Export-Import Bank, saving
American jobs, making sure that America is competitive in the
international markets.
My colleagues, reject this rule. Exercise our responsibility to the
American people and to American workers, and let's pass the Export-
Import Bank today before we go home.
Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
I want to thank the distinguished gentleman for not only his words
and the spirit of what he said, but I want him to know that, several
years ago, as he approached me as I became chairman of the Rules
Committee, I assured the gentleman that I would do my very best, within
my ability, and he has done also, as well as his team that also sits at
the Rules Committee.
I want to thank the distinguished gentleman because part of what our
job is, yes, to represent our Speaker and the things that are done, but
also to make sure the spirit in which we do it is done properly, and I
appreciate the gentleman. I think his spirit was good today.
I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I yield 2 minutes to the gentleman from
Vermont (Mr. Welch), a member of the Oversight and Government Reform
committee and a former member of the Rules Committee.
Mr. WELCH. Mr. Speaker, two of the things a proud and confident and
responsible nation will do--no matter how challenging--are, one, to
invest in its future and, two, to care for its veterans. This bill
pretends to do both. Actually, it does neither.
Yes, it will keep the highway bill on life support for another short-
term extension. It used to be 5 months. Now, it is going to be 3
months.
Yes, it will allow the VA to make internal fund transfers to keep our
hospitals open through September, but once again, in another act of
serial irresponsibility, Congress is ignoring its duty to do its job of
passing a long-term transportation bill.
It leaves our communities and States in suspension. It recklessly
adds unnecessary construction costs to our taxpayers and lets potholes
get deeper and bridges more dangerous. We need a long-term
transportation bill--6 years, not 3 months.
Regarding the VA, do we meet our obligations to provide for the
health care of our veterans through internal fund transfers? Our
veterans and our VA need a fully funded budget. It needs funds, not
fund transfers.
Veteran healthcare demand shot up 10 percent, but the budget is only
up 2.8 percent, shackled by mindless and destructive sequester caps. We
should end them.
Mr. Speaker, this bill is not written to address problems; it is
designed to deny they exist.
Mr. Speaker, this bill is not an example of Congress doing its job;
it is yet another example of Congress evading its responsibilities.
I will vote ``no.''
Mr. SESSIONS. Mr. Speaker, I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson Lee).
(Ms. JACKSON LEE asked and was given permission to revise and extend
her remarks.)
Ms. JACKSON LEE. Mr. Speaker, let me thank the gentleman from
Colorado, and let me thank my good friend from Texas as well. Let me
use a great philosopher's statement of a couple of decades ago: ``Can
we all get along?''
As I stand here, on the Surface Transportation and Veterans Health
Care Choice Improvement Act of 2015 that is now with the rule before
us, it is obvious that we are trying to take a divergent pathway.
I was one of the first Members of Congress to go down in front of my
veterans hospital to stand and to demand quality health care for our
veterans, to ask that the system be fixed. I take no backseat, along
with other Members, to ensuring that our veterans get what they need,
and stand in line to make sure that they are not defaulted on by the
American people.
H.R. 1994 eliminates the due process rights of whistleblowers who
have been key to drawing attention to any manipulation or coverups
taking place. They are bringing back to the floor this bill, calling it
an accountability bill; but, in essence, it is to go after hard-working
employees and fire them and eliminating their opportunity to explain or
to have due process. That is not the American way.
This is not a bill that helps veterans. In fact, it takes away
consistent, long-working employers who see something and say something,
and so I am voting ``no'' on the bill and this rule.
Then the surface transportation had a wonderful opportunity to do a
6-year bill, to look for pay-fors that Members could bring together and
support; yet my metro, the Houston metro, will be suffering. Our
highways and other surface transportation entities, safety will be
suffering. Employees will not be paid.
Here we go again with a short-term opportunity. I remember doing a 6-
year transportation bill, where I opened up the hike and bike trails of
my community in Houston.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. POLIS. I yield the gentlewoman an additional 10 seconds.
Ms. JACKSON LEE. I would offer to say that a highway bill, 6 years,
or a surface transportation bill for 6 years is a bipartisan American
way to do things.
Why don't we do that for the American people and do it now? Vote
``no'' on the rule.
Mr. Speaker, as a senior member of the Homeland Security, I rise to
speak on H.R. 3236, Surface Transportation and Veterans Health Care
Choice Improvement Act of 2015,'' which reauthorizes federal-aid
highway and transit programs for three months--through October 29,
2015--by transferring $8.1 billion from other federal funds to the
Highway Trust Fund to cover projected trust fund shortfalls over that
time period.
The bill also allows the Veterans Affairs Department (VA) to use $3.4
billion provided last year for the Veterans Choice health care program
to pay for care provided since May 1 to veteran patients by non-VA
providers under VA Care in the Community programs.
The bill also is intended to give the VA the funding flexibility
needed to prevent the possible closure of some VA hospitals in coming
weeks.
Mr. Speaker, instead of this 90-day temporary extension, I would have
strongly preferred that we were debating a comprehensive, fair,
equitable, and long-term transportation reauthorization bill the nation
desperately needs. We have had two years to do so.
Democrats want such a bill as does the President, but apparently our
friends across the aisle do not since they have spent the last two
years wasting time on advocating policies wanted by no one except for
the right-wing extremists of the Tea Party.
But I reluctantly support this emergency but temporary measure
because as the Department of Transportation has reported, if we do not
act now highway trust fund balances by the beginning of August will
reach dangerously low levels and result in a reduction of payments to
states by an average of 28 percent.
Many states have already begun to cancel or delay planned
construction projects, threatening 700,000 thousands of jobs, including
106,100 jobs in my home state of Texas.
Mr. Speaker, the Highway Trust Fund was created in 1956 during the
Eisenhower Administration to help finance construction of the
Interstate Highway System, which modernized the nation's transportation
infrastructure and was instrumental in making the United States the
world's dominant economic power for two generations.
Our national leaders then understood that investing in our roads and
bridges strengthened our economy, created millions of good-paying jobs,
and improved the quality of life for all Americans.
It is currently composed of two accounts that fund federal-aid
highway and transit projects built by states. Federal funding from the
trust fund accounts for a major portion of state transportation
spending.
The Highway Trust Fund is financed by gasoline and diesel taxes,
which until the last decade produced a steady increase in revenues
sufficient to accommodate increased levels of spending on highway and
transit projects.
However, those tax rates--18.4 cents/gallon federal tax on gasoline
and a 24.4 cents/gallon tax on diesel fuel--have remained unchanged
since 1993 and were not indexed to inflation so the value of those
revenues has eroded over the years, and, combined with the fact that
vehicles have been getting increasingly better mileage, the revenues
deposited into the Highway Trust Fund beginning last decade have not
kept pace with highway and transit spending from the trust fund.
Consequently, since 2008, Congress has periodically had to transfer
at the 11th hour
[[Page H5615]]
general Treasury revenues into the trust fund to pay for authorized
highway and transit spending levels and avoid a funding shortfall.
The total amount to date is more than $54 billion.
Obviously, this practice is economically inefficient and injects
uncertainty in the highway construction plans, projects, and schedules
of state and local transportation agencies, not to mention the anxiety
it causes to workers and businesses whose economic livelihood is
dependent on those projects.
Mr. Speaker, the last transportation authorized by Congress for 4
years or more, SAFETEA-LU, expired on September 30, 2009, at the end of
FY 2009.
Because Congress and the Administration could not agree to a new
reauthorization, it was necessary to resort to stop-gap temporary
extensions on no less than eight occasions spanning a period of 910
days before Congress finally enacted the Moving Ahead for Progress in
the 21st Century Act'' (MAP-21 Act) on July 6, 2012, which reauthorized
highway and transportation programs through Fiscal Year 2014, a little
more than two years, or until September 30, 2014.
MAP-21 was intended as a short-term measure to give Congress and the
Administration breathing room to reach agreement on a long-term
reauthorization bill.
Yet, as Mr. Levin, the Ranking Member of the Ways and Means
Committee, has often pointed out, since gaining the majority in 2010,
our Republican colleagues have failed to take any action to sustain the
Highway Trust Fund over the long-term and shore up vital infrastructure
projects and has not held even a single hearing on financing options
for the Highway Trust Fund.
Instead, House Republicans have wasted the nation's time voting to
repeal the Affordable Care Act at least 59 times, waging a War on
Women, pursuing partisan investigations into Benghazi, the IRS, and the
trying to overturn President Obama's executive actions that make our
immigration enforcement laws less inhumane.
Instead of doing their job, House Republicans big new idea is to
attack the President for doing his job.
Mr. Speaker, it is long past time for this Congress, and especially
the House majority, to focus on the real problems and challenges facing
the American people.
And one of the biggest of those challenges is ensuring that America
has a transportation policy and the infrastructure needed to compete
and win in the global economy of the 21st Century.
To do that we have to extend the reauthorization of current
transportation programs and to authorize the transfer of the funds to
the Highway Trust Fund needed to fund authorized construction projects
and keep 700,000 workers, including 106,100 in Texas on the job.
But that is only a start and just a part of our job.
The real work that needs to be done in the remaining days of this
Congress is to reach an agreement on a long-term highway and
transportation bill that is fair, equitable, fiscally responsible,
creates jobs and leads to sustained economic growth.
Mr. SESSIONS. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. POLIS. Mr. Speaker, I yield 1\3/4\ minutes to the gentlewoman
from New York (Mrs. Carolyn B. Maloney), the ranking member of the
Financial Services Subcommittee on Capital Markets and Government
Sponsored Enterprises.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, this weekend, 64
Senators voted to renew the Export-Import Bank's charter, which expired
on June 30. More than 240 Members are on record supporting the Bank,
and according to The Wall Street Journal, there are many more.
As I quote, ``some Republicans estimated that as many as 300 of the
434 current House Members'' would support a measure similar to the one
that passed the Senate; yet despite this overwhelming support, we have
been denied a vote on the House of Representatives to renew the Export-
Import Bank.
Last year, Ex-Im helped underwrite over $27 billion in U.S. exports.
It supported thousands of small businesses and about 164,000 jobs
across our country. Since 2009, the Bank has supported over 1.3 million
jobs. The Bank does all of this at no cost--no cost--to the American
taxpayer. In fact, the Ex-Im Bank sent over $675 million to the
Treasury last year--actual dollars--to help pay down the deficit.
According to a letter sent by CBO just last week, using accounting
standards, reauthorizing the Ex-Im would save taxpayers $2.3 billion
over the next 5 years; yet American companies have been disadvantaged.
They have been unilaterally disadvantaged of having the export
assistance that over 60 different nations are providing their export-
import banks.
Only 1 of the top 10 exporting countries in the world does not have
an export credit agency now that can finance export deals--just one--
and that is the United States of America. That is because this Congress
failed to do what every other Congress has done since FDR, and that is
to reauthorize the Export-Import Bank.
It creates jobs, creates money for the Treasury. It helps small
businesses.
Vote ``no'' on the previous question, ``no'' on the rule. Let's bring
it to the floor today for a vote.
[From the Wall Street Journal, July 28, 2015]
Small Businesses Bear Burden of Ex-Im Bank Shutdown
(By Nick Timiraos and Kristina Peterson)
Washington.--Political opponents have managed to shut the
U.S. Export-Import Bank for the most of the summer by arguing
it rewards politically connected corporate giants.
But the bank and its supporters say the burden of the
agency's shutdown for now will hit small businesses that lack
the resources of industrial titans such as Boeing Co. and
General Electric Co.
``Small businesses are the ones that are going to be hurt
first and the most,'' said Rep. Denny Heck (D., Wash.), a
proponent of reauthorizing the bank's charter.
The Ex-Im Bank, a federal agency that finances exports,
stopped accepting new loans at the beginning of July after
Congress allowed its charter to expire. While a majority of
lawmakers in Congress support reauthorizing the 81-year-old
agency in some form, conservative Republicans who control key
leadership positions have so far prevented a vote in the
House of Representatives.
Supporters had pinned their hopes on reopening the bank as
part of a bill extending highway funding that expires Friday.
But House and Senate leaders have had trouble agreeing on
that transportation measure before their annual August recess
that begins this week, which means they are likely to leave
Washington without addressing the Ex-Im Bank.
The bank's backers have sought to rally support in recent
weeks by highlighting the potential for lost sales at small
businesses, a group that is both politically sympathetic and
close to lawmakers in almost every congressional district.
President Barack Obama has called on Congress to
reauthorize the agency, and most of the bank's supporters
expect lawmakers to follow suit later this year. On Monday,
64 senators voted for an amendment to reopen the bank, and
some Republicans estimated that at least 300 of the 434
current House lawmakers would vote similarly, given the
chance.
``At some point we'll miss out on a business opportunity
that will be of such magnitude that it will catch the
attention of the public, and we'll respond,'' said Rep. Frank
Lucas (R., Okla.), who supports the bank's reauthorization.
Additional opportunities to resuscitate the agency will
arrive when Congress passes a spending measure needed to
avoid a partial government shutdown by Oct. 1 or if the House
and Senate negotiate a long-term highway bill in the fall.
Still, some lawmakers said the way in which the bank has
missed multiple opportunities to stay open exposes the
political challenges ahead. ``I wouldn't hold my breath that
it's going to get funded in September,'' said Rep. Matt
Salmon, an Arizona Republican who supports the bank.
Big businesses say closing the bank for good will leave
them at enough of a disadvantage against European and Asian
competitors, which benefit from export-credit agencies at
home, that they will move production abroad. For now, they
say they are getting along fine.
``This is not something that creates near-term financial
risk for Boeing,'' said Dennis Muilenburg, the company's
chief executive, on a conference call with reporters last
week.
Indeed, one risk for the bank is that its absence hasn't
had any immediate shock. ``The Export-Import Bank expired,''
said Sen. Ted Cruz (R., Texas), one of the bank's loudest
critics, at a recent rally on Capitol Hill. ``You notice the
sky hasn't fallen?''
Critics of the bank say Washington shouldn't be picking
winners and losers, and that any hardship for businesses is
part of a necessary recalibration.
The bank says that view is short-sighted. ``When our
charter lapses, you won't read about massive layoffs in the
paper. Small businesses don't put out press releases when
they lose out on a sale,'' Fred Hochberg, chairman of the Ex-
Im Bank who in the 1990s worked closely with entrepreneurs as
an official at the Small Business Administration, said before
the bank closed last month.
Around 90% of loans backed by Ex-Im Bank last year went to
small businesses, the highest level in more than a decade.
Small businesses represent a much smaller share of loans by
dollar volume, around 25%, because Ex-Im backs expensive
loans for aircraft and other industrial equipment makers.
[[Page H5616]]
Some businesses and their workers say that count overlooks
firms that don't export directly but feed into supply chains.
Yanke Machine Shop Inc. in Boise, Idaho, was one of 22
different U.S. companies that fulfilled an order for 150
pieces of construction equipment worth $37 million for a 2013
engineering project in Cameroon.
``What a lapse does is it kills opportunity. You've got to
have opportunity before you have work on the floor,'' said
Dirk Christison, who works in customer support for the heavy-
steel fabrication company.
At risk could be deals like one that Ray Garcia Jr., the
principal of an energy consulting firm that arranges
investment for infrastructure projects in Latin America, has
put together to export American equipment for a $300 million
gas-to-liquid plant in Paraguay.
He said the project is one of three in South and Central
America that is now in limbo. ``We have spent two years
developing these projects just to have the rug pulled out
from under us for political reasons,'' said Mr. Garcia, a
self-described conservative Republican from Houston.
Mr. Garcia said that without Ex-Im, the deal would go to a
foreign company or large multinational, leaving his U.S.
manufacturers without contracts. ``Small businesses that do
not have $1 billion in capital to facilitate projects like
these do benefit and can compete on a global platform armed
with Ex-Im Bank,'' he said.
Ex-Im's Bank limbo state stands in contrast to those of a
similar agency. When the Small Business Administration last
week stopped accepting new loans under its flagship program,
which reached its borrowing limit on Thursday, the House and
Senate quickly passed an extension.
Because existing loans aren't imperiled by the Ex-Im Bank's
shutdown, the lapse created a ``soft landing'' for most
customers, said Gary Mendell, president of Meridian Finance
Group in Santa Monica, Calif., which arranges financing for
exporters. ``We've been telling customers to see if you can
stand tough until the end of July,'' he said.
As the prospect of Ex-Im Bank's reauthorization grows more
distant, Mr. Mendell said more firms will run into difficulty
as their working-capital loans or credit insurance expires.
An overlooked casualty, he added, is that small businesses
that have never exported have virtually no financing options
right now.
``If the private sector were interested in doing this, they
would be doing it by now,'' said Mr. Mendell.
Even the bank's critics have taken note of the potential
plight of small firms. On the eve of the agency's shutdown
last month, Sen. David Vitter (R., La.), expressed alarm that
financing for thousands of small businesses might be at stake
and said the agency should come up with a way for those
companies to secure financing from the SBA.
Mr. SESSIONS. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. POLIS. Mr. Speaker, I yield 1\3/4\ minutes to the gentleman from
Washington (Mr. Heck), a member of the Financial Services Committee and
a leader in the effort to reauthorize the Export-Import Bank.
Mr. HECK of Washington. Mr. Speaker, I rise to ask the Chamber to
reject the rule so that we might, indeed, offer an amendment to
reauthorize the Export-Import Bank for three reasons.
One, it is the will of the United States Congress; two, it does good;
three, if we don't do it, great harm will be visited upon the American
economy.
It has already been, I think, very clearly demonstrated it is the
will of this body, both in the Senate and here.
I do want to remind you that, for 81 years, 16 times, Democrats and
Republicans, no matter how conservative or how liberal, the United
States has reauthorized the Export-Import Bank. It does good. That is
why they do it.
In fact, I would respectfully suggest that the votes were there in
Rules Committee yesterday to allow this amendment. The good gentleman
from Texas who chairs--and he is a gentleman; he is a good gentleman--
opened up his comments by saying 9,000 jobs in and around his district
in the State of Texas, attributable to the Export-Import Bank, they
hang in the balance.
It does good--last year, 164,000 jobs supported by the Export-Import
Bank, $675 million transferred to the Treasury. It reduces the deficit.
It creates jobs. Why don't we want more of this? Call me crazy, I
guess.
If we don't do it, harm will come to us. Read this morning's Wall
Street Journal. Small businesses already--not prospectively--are
already suffering job loss in States throughout this great country.
The fact of the matter is not reauthorizing does constitute
unilateral disarmament. About 3 weeks ago, two academics, one from
Canada, one from New York, concluded the big winner if we fail to
reauthorize. It is China. They are rubbing their hands. They are
rubbing their hands.
Listen, this isn't about software or apples or film.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. POLIS. I yield an additional 30 seconds to the gentleman.
Mr. HECK of Washington. It is about our manufacturing base. Who says
we don't need more good manufacturing jobs? We need more good
manufacturing jobs.
Let me conclude on this note. Ominously, and without drama, hear me,
from my heart to your ears. In the very near future, major
manufacturers will announce that they are offshoring certain
manufacturing capacity because they have to, to compete in a global
economy. The global economy has increased fivefold since 1980.
Get in the game, people. Reauthorize the Export-Import Bank. Defeat
the rule.
Mr. SESSIONS. Mr. Speaker, I want to thank the gentleman for his kind
words, not only of truth, but also I want to thank him for coming up
and being with several other Members who sat through hours' worth of
debate and discussion.
Mr. Heck served honorably well yesterday, and he does again today,
and I thank him very much.
I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I say to my colleague from Texas, we have so
many speakers on our side of the aisle--in fact, both sides of the
aisle--folks like Mr. Fincher and others who want to reauthorize the
Export-Import Bank.
If he has additional time, I know that our Members would also
appreciate the opportunity to talk about it, as our time is running
short.
Mr. Speaker, I yield 1\3/4\ minutes to the gentleman from Michigan
(Mr. Kildee), a member of the Financial Services Committee.
Mr. KILDEE. Mr. Speaker, I thank my friend for yielding.
I urge a ``no'' vote on this rule so that we can bring up, as my
colleagues have said, something that ought to be done in a bipartisan
fashion, with little significant opposition, and that is the
reauthorization of an entity that helps drive the American economy, put
Americans to work, and helps us to compete in an increasingly
competitive global environment, and that is the Export-Import Bank.
{time} 1330
In 2012, Ex-Im was passed with 330 votes in the House, 78 in the
Senate, 60 percent of Republicans in both bodies supporting the Export-
Import Bank, joining Democrats in doing so.
There is so much partisanship that invades and infects this place.
But when it comes to American jobs, supporting American manufacturers,
putting hard-working Americans to work in jobs that have higher wages,
we have great discussions here about the growing inequality in wages.
We don't all agree on the solutions. But one solution we ought to
agree on is the reauthorization of the Export-Import Bank because we
know export jobs pay higher wages. This ought to be a no-brainer.
There are 59,000 jobs in my own State of Michigan as a result of the
Export-Import Bank and the work that they do. In the last 6 years,
there have been $200 billion in exports.
We can have big disagreements on how we ought to deal with income
inequality in this country, but we ought not have any disagreement when
we see the Export-Import Bank, which delivers money to the Federal
Treasury, helps us deal with that problem, puts Americans to work, and
makes us more competitive. We ought to do this in a bipartisan fashion,
and we ought to do it now.
Mr. SESSIONS. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. POLIS. Mr. Speaker, I yield 2 minutes to the gentleman from
Oregon (Mr. Blumenauer), a member of the Ways and Means Committee.
Mr. BLUMENAUER. I appreciate the gentleman's courtesy, and I
appreciate the way he framed this rule debate.
Mr. Speaker, we have sort of a hodgepodge here of items that really
deserve careful, sustained attention. There is no reason to lump this
together. These are important items. And, sadly, the way it has been
structured shuts down debate.
[[Page H5617]]
There is no room under this rule for the Ex-Im Bank. I appreciate
person after person coming to the floor, acknowledging that there is
broad bipartisan interest in the reauthorization of the Ex-Im Bank and
no rational reason to reject it. It is going to have serious
consequences, as my friend from Washington pointed out.
But there is another area that we are discussing here today that
could also make a huge difference for our economy because we are
dodging again our responsibilities to deal with a country that is
falling apart as it is falling behind.
My friend from Texas was too polite. The reason we don't have a 6-
year reauthorization is because the House has not met its
responsibility to outline how we pay for it. We are still trying to pay
for 2015 infrastructure with 1993 dollars.
Now we have got legislation that actually mirrors what Ronald Reagan
did in 1982, when he called upon Congress to come back, raise the user
fee 125 percent, and be able to put hundreds of thousands of Americans
to work, and maintain our roads and bridges and transit. We are not
doing that.
We have legislation in Ways and Means that has the broadest support
of any major piece of legislation in Congress--organized labor,
business, contractors, truckers, AAA, engineers--all committed to
raising the user fee. They say: Charge us more so that we are going to
be able to thrive.
My friend from Colorado pointed out that the American public is
paying now in congestion, in damage to their cars.
The SPEAKER pro tempore (Mr. Holding). The time of the gentleman has
expired.
Mr. POLIS. I yield the gentleman an additional 15 seconds.
Mr. BLUMENAUER. Work next week. Fund the transportation bill. Let the
committee know what parameters they have and be able to revitalize and
rebuild this country. It is time for us to step up.
Mr. SESSIONS. Mr. Speaker, our colleagues are making really, really
good points about what we need to do.
The gentleman from Pennsylvania, Bill Shuster, and the Republican
majority is committed to doing exactly what they have talked about:
getting our work done.
In fairness, it has taken the United States Senate until this week,
and they have a 1,000-page transportation bill that we are not simply
going to say: Let's just agree to that.
It is going to come over to us after they have done their work. With
great respect, we are trying to make sure that we are continuing the
funding. We are using mechanisms that would be available.
The right thing to do is to measure three times and saw once. We are
not going to accept, by unanimous consent or another agreement, a
1,000-page bill.
On the Republican side, we read bills before we pass them.
Mr. Speaker, I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I yield 2 minutes to the gentleman from
Washington (Mr. Heck), a leader in the bipartisan efforts to
reauthorize the Export-Import Bank and a member of the Financial
Services Committee.
Mr. HECK of Washington. Mr. Speaker, I said earlier that the first,
most immediate damage as a result of our failure to reauthorize the
Export-Import Bank will be visited upon small businesses.
It occurs to me that a little bit of color in that regard would serve
us well, giving the benefit of the doubt to those who are opposing our
opposition to the rule so that we can reauthorize the Export-Import
Bank.
Let me give you the data. The Export-Import Bank has approximately 90
percent of its transactions going to small businesses, about 90
percent.
Most of us tend to think about those as all direct loans, but they
aren't. The fact of the matter is the bulk of them are what we would
call accounts receivable insurance.
But there are also revolving lines of credit. There are also loan
guarantees, not actual direct loans. And these, again, are small
businesses.
These are businesses like Manhasset Specialty Company in Yakima,
Washington, which makes music stands and has a global market. Thirty-
five percent of its sales are exports, and a good portion of them are
assisted by the Export-Import Bank.
In my district, Pexco in Fife, Washington, makes traffic control
equipment. They are growing their export business with the assistance
of the Export-Import Bank. So it is the small businesses that first
will feel the damage.
But for those of you who say, yes, but the biggest share of the
dollars go to big businesses, let's go back to Economics 101.
A lot of people point to Boeing. Ladies and gentlemen, Boeing does
not manufacture airplanes. If that surprises you, please pay attention
to what I am about to say.
Boeing does not manufacture airplanes. They design them. They
assemble them with the assistance of 15,000 businesses in their supply
chain, about half of whom are small businesses.
In the tiny town of Puyallup, relatively speaking, in my district,
there are 17 businesses within the city limits whose principal customer
is Boeing.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. POLIS. I yield the gentleman an additional 30 seconds.
Mr. HECK of Washington. Small businesses will be hurt first. Over the
long term, big businesses will be hurt.
I did not say earlier lightly. I did not say earlier in hyperbole
that we will have major announcements causing grievous damage to the
manufacturing base of America. We cannot allow that to happen.
We simply must, for the sake of small businesses and for the sake of
our manufacturing base, reauthorize the Export-Import Bank. It reduces
the deficit. It creates jobs.
Mr. SESSIONS. Mr. Speaker, I will continue to reserve the balance of
my time.
Mr. POLIS. Mr. Speaker, I yield myself the remainder of my time.
Mr. Speaker, I ask unanimous consent to insert the text of my
amendment in the Record along with extraneous material immediately
prior to the vote on the previous question.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
Mr. POLIS. Mr. Speaker, I strongly urge my colleagues to vote ``no''
and defeat the previous question so we can bring forward the bipartisan
effort to reauthorize the Export-Import Bank.
Now, again, I have a great deal of sympathy and respect for my
colleagues who believe that these kinds of back-door subsidies have no
place in a global trade regime. That is a reasonable and defensible
viewpoint.
The proper avenue to advocate for that is multilaterally. There are a
lot of ways that companies have and will and governments have and do
try to give themselves a nationalistic advantage in international
trade.
In the competition between Airbus and Boeing alone, books could be
written about the efforts of both sides--whether it is our side through
military contracts; whether it is their side, Europe--to give back-door
allowable subsidies that put their own companies at an advantage.
If we unilaterally fail to reauthorize the Export-Import Bank, we are
putting American exporters at a disadvantage because the dozens of
other countries that engage in these allowable kinds of credit
facilities will still do so to the detriment of American jobs and
American businesses.
We recently had a debate in these very Chambers about trade promotion
authority. Soon there will be discussions about TPP and T-TIP.
Where was that discussion around TPA in the instructions to the
President about credit facilities and Export-Import Bank and what would
and wouldn't be allowable?
These kinds of discussions need to be had multilaterally. To
unilaterally disarm makes no sense.
Even if one ideologically believes that we should not be engaging in
these efforts, surely what is more important and what trumps that is to
make sure that this is not a part of the global trade regime.
So long as it is, for America not to engage in this allowable
practice of credit facilities extended through the Export-Import Bank
puts American jobs at a disadvantage, will lead to further outsourcing
of American jobs and hurt American businesses.
Mr. Speaker, this rule covers two significant, but wholly unrelated,
bills.
[[Page H5618]]
We have heard arguments here in this limited time, this limited debate,
about Federal highway funding, about veterans' care and VA workers,
about the Export-Import Bank.
I am sure, Mr. Speaker, that many viewers are confused as to what we
are even talking about or how is it even possible that, in 1 hour, we
are covering the transportation needs of our country, the VA system,
and a program allowable under trade rules that helps make American
companies more competitive.
Unfortunately, rather than continuing our work next week, the
majority has put several pieces of disparate legislation into a grab
bag in a smoky backroom manner that, unfortunately, will continue to
fail to address the most important transportation concerns or the
already expiration of the Export-Import Bank before this body goes home
for a month.
It is unfortunate that, under this rule, this institution is not even
allowed to bring forward an amendment we know would pass to reauthorize
the Export-Import Bank.
It is a shame that veterans' issues have somehow been combined with a
highway issue and a minibus that detracts from transparency.
That is why I urge my colleagues to vote ``no'' and defeat the
previous question. Vote ``no'' on the rule.
I yield back the balance of my time.
Mr. SESSIONS. Mr. Speaker, I yield myself the balance of my time.
I want to thank not only the gentleman from Colorado (Mr. Polis), but
also our colleagues on the Democratic side of the aisle who I thought
most generously fought this battle today.
The bottom line is that they know and we know, Mr. Speaker, that we
are addressing two vitally important issues that Congress must step up
to the plate on.
One is a request that comes directly from the VA, for us to fund a
gap of $3.4 billion that is necessary to fund hospitals of the VA to
make sure that they are able to provide services to our veterans. It is
critical. To vote against that I think is a mistake.
I think to vote for a chance where Republicans are trying to balance
the needs through not only the appropriators--Hal Rogers, our chairman,
Jeff Miller, our Veterans Committee chairman, are trying to come
together, Mr. Speaker, to put together the money and the need to run
the business based upon a reality discussion with the Secretary of
Veterans Affairs of their need to run the business, to have the money,
but also to have the managerial abilities to move their employees that
are not performing satisfactorily, employees who do have an oath as
healthcare providers to do their very best and to be honest about the
scheduling and the proper procedures necessary to our veterans.
{time} 1345
What this rule is about and the underlying legislation is vital--
vital--to our Nation's veterans. That is why we are here today.
Now, secondly, we are here because Republicans want to make sure that
we are faithful. We understand that, in each of our congressional
districts, that we are active and involved to try and ensure that the
roads and bridges and railways and ports and all these activities that
deal with infrastructure and transportation are continuing down a
pathway without us getting frustrated, without us throwing up our hands
and giving up, but actually to work with the existing chairman, who is
doing an awesome job, Bill Shuster, to make sure that we are putting
forth the money--Paul Ryan, chairman of the Ways and Means Committee--
trying to find the money necessary, lots of hard work, hours of
discussion, moving towards a correct target.
In this process, we have our colleagues on the other side of this
wall--who are literally there now as they are working in the Rotunda--
to move legislation; we are allowing them that time because they are
moving a transportation bill as we speak, but it is a 1,000-page bill.
Mr. Speaker, I am not in favor and I think my colleagues in here are
not in favor and Bill Shuster is not, which is really what matters, as
the chairman, to say give me a shot at looking at the bill when they
finish it.
Speaker Boehner is saying let's make sure we deal with the things
that must be dealt with before we go on our work time back home for the
month, where we go back home and deal with the American people, because
we plan to do this. That is what we are doing.
This is not unusual; it is perfectly normal, but I think we are doing
a heck of a job and the right thing to address the issues--veterans,
straight up, money, the ability to run their business right, so that we
know we have done what we can do; and, secondly, to move
transportation.
I think every single Member of this body, Democrat and Republican,
should support these because they are worthy ideas about moving us
forward, our country. We can look at the American people straight on
and say we have addressed two of the issues that were on our plate.
I urge adoption of the rule. I know that our colleagues want to get
moving today, so I am going to look forward to debate that will follow.
I urge support of the underlying legislation in the bills.
Mr. HINOJOSA. Mr. Speaker, I rise to oppose this rule and support the
gentleman's motion to defeat the previous question--in order to allow
for a vote on the Export-Import Bank reauthorization.
Re-authorizing the Export-Import Bank is an economic imperative and
letting it lapse before Congress goes on Recess is completely
irresponsible and inexcusable.
The bank is an unbridled, market-driven success story which has broad
bipartisan support in both Houses of this Congress as well as support
from the majority of Americans.
The bank supports hundreds of thousands of good paying jobs in this
country. If we fail to act, we will shut off a lifeline for many of our
small businesses and exporters.
In my District alone, the Bank has supported thousands of small
business and manufacturing jobs. These are good jobs in a very high-
need area that would not have been possible without the Bank, and which
now are in danger.
Mr. Speaker, we should let the will of the people work its way and
allow a vote on the Reauthorization of the Ex-Im Bank.
The material previously referred to by Mr. Polis is as follows:
An Amendment to H. Res. 388 Offered by Mr. Polis of Colorado
Strike section 2 of the resolution and insert:
Sec. 2. Upon adoption of this resolution, it shall be in
order to consider in the House the bill (H.R. 3236) to
provide an extension of Federal-aid highway, highway safety,
motor carrier safety, transit, and other programs funded out
of the Highway Trust Fund, to provide resource flexibility to
the Department of Veterans Affairs for health care services,
and for other purposes. All points of order against
consideration of the bill are waived. The bill shall be
considered as read. All points of order against provisions in
the bill are waived. The previous question shall be
considered as ordered on the bill and on any amendment
thereto to final passage without intervening motion except:
(1) one hour of debate equally divided among and controlled
by the respective chairs and ranking minority members of the
Committees on Transportation and Infrastructure, Ways and
Means, and Veterans' Affairs; (2) the amendment specified in
section 3 of this resolution, which shall be considered as
pending following the conclusion of such debate, shall be in
order without intervention of any point of order, shall be
considered as read, shall be separately debatable for one
hour equally divided and controlled by the chair and ranking
minority member of the Committee on Financial Services or
their respective designees, shall not be subject to
amendment, and shall not be subject to a demand for a
division of the question; and (3) one motion to recommit with
or without instructions.
Sec. 3. The amendment referred to in section 2 of this
resolution is as follows:
Page 3, after the table of contents, insert the following:
TITLE V--EXPORT-IMPORT BANK
Sec. 5001. Short title.
Subtitle A--Taxpayer Protection Provisions and Increased Accountability
Sec. 5101. Reduction in authorized amount of outstanding loans,
guarantees, and insurance.
Sec. 5102. Increase in loss reserves.
Sec. 5103. Review of fraud controls.
Sec. 5104. Office of Ethics.
Sec. 5105. Chief Risk Officer.
Sec. 5106. Risk Management Committee.
Sec. 5107. Independent audit of bank portfolio.
Sec. 5108. Pilot program for reinsurance.
Subtitle B--Promotion of Small Business Exports
Sec. 5201. Increase in small business lending requirements.
Sec. 5202. Report on programs for small and medium-sized businesses.
Subtitle C--Modernization of Operations
Sec. 5301. Electronic payments and documents.
Sec. 5302. Reauthorization of information technology updating.
[[Page H5619]]
Subtitle D--General Provisions
Sec. 5401. Extension of authority.
Sec. 5402. Certain updated loan terms and amounts.
Subtitle E--Other Matters
Sec. 5501. Prohibition on discrimination based on industry.
Sec. 5502. Negotiations to end export credit financing.
Sec. 5503. Study of financing for information and communications
technology systems.
At the end of the bill, add the following:
TITLE V--EXPORT-IMPORT BANK
SECTION 5001. SHORT TITLE.
This title may be cited as the ``Export-Import Bank Reform
and Reauthorization Act of 2015''.
Subtitle A--Taxpayer Protection Provisions and Increased Accountability
SEC. 5101. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING
LOANS, GUARANTEES, AND INSURANCE.
Section 6(a) of the Export-Import Bank Act of 1945 (12
U.S.C. 635e(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by striking paragraph (2) and inserting the following:
``(2) Applicable amount defined.--In this subsection, the
term `applicable amount', for each of fiscal years 2015
through 2019, means $135,000,000,000.
``(3) Freezing of lending cap if defaultrate is 2 percent
or more.--If the rate calculated under section 8(g)(1) is 2
percent or more for a quarter, the Bank may not exceed the
amount of loans, guarantees, and insurance outstanding on the
last day of that quarter until the rate calculated under
section 8(g)(1) is less than 2 percent.''.
SEC. 5102. INCREASE IN LOSS RESERVES.
(a) In General.--Section 6 of the Export-Import Bank Act of
1945 (12 U.S.C. 635e) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Reserve Requirement.--The Bank shall build to and
hold in reserve, to protect against future losses, an amount
that is not less than 5 percent of the aggregate amount of
disbursed and outstanding loans, guarantees, and insurance of
the Bank.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 5103. REVIEW OF FRAUD CONTROLS.
Section 17(b) of the Export-Import Bank Reauthorization Act
of 2012 (12 U.S.C. 635a-6(b)) is amended to read as follows:
``(b) Review of Fraud Controls.--Not later than 4 years
after the date of the enactment of the Export-Import Bank
Reform and Reauthorization Act of 2015, and every 4 years
thereafter, the Comptroller General of the United States
shall--
``(1) review the adequacy of the design and effectiveness
of the controls used by the Export-Import Bank of the United
States to prevent, detect, and investigate fraudulent
applications for loans and guarantees and the compliance by
the Bank with the controls, including by auditing a sample of
Bank transactions; and
``(2) submit a written report regarding the findings of the
review and providing such recommendations with respect to the
controls described in paragraph (1) as the Comptroller
General deems appropriate to--
``(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Appropriations of the Senate; and
``(B) the Committee on Financial Services and the Committee
on Appropriations of the House of Representatives.''.
SEC. 5104. OFFICE OF ETHICS.
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C.
635a) is amended by adding at the end the following:
``(k) Office of Ethics.--
``(1) Establishment.--There is established an Office of
Ethics within the Bank, which shall oversee all ethics issues
within the Bank.
``(2) Head of office.--
``(A) In general.--The head of the Office of Ethics shall
be the Chief Ethics Officer, who shall report to the Board of
Directors.
``(B) Appointment.--Not later than 180 days after the date
of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, the Chief Ethics Officer shall
be--
``(i) appointed by the President of the Bank from among
persons--
``(I) with a background in law who have experience in the
fields of law and ethics; and
``(II) who are not serving in a position requiring
appointment by the President of the United States before
being appointed to be Chief Ethics Officer; and
``(ii) approved by the Board.
``(C) Designated agency ethics official.--The Chief Ethics
Officer shall serve as the designated agency ethics official
for the Bank pursuant to the Ethics in Government Act of 1978
(5 U.S.C. App. 101 et seq.).
``(3) Duties.--The Office of Ethics has jurisdiction over
all employees of, and ethics matters relating to, the Bank.
With respect to employees of the Bank, the Office of Ethics
shall--
``(A) recommend administrative actions to establish or
enforce standards of official conduct;
``(B) refer to the Office of the Inspector General of the
Bank alleged violations of--
``(i) the standards of ethical conduct applicable to
employees of the Bank under parts 2635 and 6201 of title 5,
Code of Federal Regulations;
``(ii) the standards of ethical conduct established by the
Chief Ethics Officer; and
``(iii) any other laws, rules, or regulations governing the
performance of official duties or the discharge of official
responsibilities that are applicable to employees of the
Bank;
``(C) report to appropriate Federal or State authorities
substantial evidence of a violation of any law applicable to
the performance of official duties that may have been
disclosed to the Office of Ethics; and
``(D) render advisory opinions regarding the propriety of
any current or proposed conduct of an employee or contractor
of the Bank, and issue general guidance on such matters as
necessary.''.
SEC. 5105. CHIEF RISK OFFICER.
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C.
635a), as amended by section 5104, is further amended by
adding at the end the following:
``(l) Chief Risk Officer.--
``(l) In General.--There shall be a Chief Risk Officer of
the Bank, who shall--
``(A) oversee all issues relating to risk within the Bank;
and
``(B) report to the President of the Bank.
``(2) Appointment.--Not later than 180 days after the date
of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, the Chief Risk Officer shall
be--
``(A) appointed by the President of the Bank from among
persons
``(i) with a demonstrated ability in the general management
of, and knowledge of and extensive practical experience in,
financial risk evaluation practices in large governmental or
business entities; and
``(ii) who are not serving in a position requiring
appointment by the President of the United States before
being appointed to be Chief Risk Officer; and
``(B) approved by the Board.
``(3) Duties.--The duties of the Chief Risk Officer are--
``(A) to be responsible for all matters related to managing
and mitigating all risk to which the Bank is exposed,
including the programs and operations of the Bank;
``(B) to establish policies and processes for risk
oversight, the monitoring of management compliance with risk
limits, and the management of risk exposures and risk
controls across the Bank;
``(C) to be responsible for the planning and execution of
all Bank risk management activities, including policies,
reporting, and systems to achieve strategic risk objectives;
``(D) to develop an integrated risk management program that
includes identifying, prioritizing, measuring, monitoring,
and managing internal control and operating risks and other
identified risks;
``(E) to ensure that the process for risk assessment and
underwriting for individual transactions considers how each
such transaction considers the effect of the transaction on
the concentration of exposure in the overall portfolio of the
Bank, taking into account fees, collateralization, and
historic default rates; and
``(F) to review the adequacy of the use by the Bank of
qualitative metrics to assess the risk of default under
various scenarios.''.
SEC. 5106. RISK MANAGEMENT COMMITTEE.
(a) In General.--Section 3 of the Export-Import Bank Act of
1945 (12 U.S.C. 635a), as amended by sections 5104 and 5105,
is further amended by adding at the end the following:
``(m) Risk Management Committee.--
``(1) Establishment--There is established a management
committee to be known as the `Risk Management Committee'.
``(2) Membership.--The membership of the Risk Management
Committee shall be the members of the Board of Directors,
with the President and First Vice President of the Bank
serving as ex officio members.
``(3) Duties.--The duties of the Risk Management Committee
shall be--
``(A) to oversee, in conjunction with the Office of the
Chief Financial Officer of the Bank--
``(i) periodic stress testing on the entire Bank portfolio,
reflecting different market, industry, and macroeconomic
scenarios, and consistent with common practices of commercial
and multilateral development banks; and
``(ii) the monitoring of industry, geographic, and obligor
exposure levels; and
``(B) to review all required reports on the default rate of
the Bank before submission to Congress under section 8(g).''.
(b) Termination of Audit Committee.--Not later than 180
days after the date of the enactment of this Act, the Board
of Directors of the Export-Import Bank of the United States
shall revise the bylaws of the Bank to terminate the Audit
Committee established by section 7 of the bylaws.
SEC. 5107. INDEPENDENT AUDIT OF BANK PORTFOLIO.
(a) Audit.--The Inspector General of the Export-Import Bank
of the United States shall conduct an audit or evaluation of
the portfolio risk management procedures of the Bank,
including a review of the implementation by the Bank of the
duties assigned to the Chief Risk Officer under section 3(1)
of the Export-Import Bank Act of 1945, as amended by section
5105.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and
[[Page H5620]]
not less frequently than every 3 years thereafter, the
Inspector General shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a written
report containing all findings and determinations made in car
rying out subsection (a).
SEC. 5108. PILOT PROGRAM FOR REINSURANCE.
(a) In General.--Notwithstanding any provision of the
Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.), the
Export-Import Bank of the United States (in this section
referred to as the ``Bank'') may establish a pilot program
under which the Bank may enter into contracts and other
arrangements to share risks associated with the provision of
guarantees, insurance, or credit, or the participation in the
extension of credit, by the Bank under that Act.
(b) Limitations on Amount of Risk-Sharing.--
(1) Per contract or other arrangement.--The aggregate
amount of liability the Bank may transfer through risk-
sharing pursuant to a contract or other arrangement entered
into under subsection (a) may not exceed $1,000,000,000.
(2) Per year.--The aggregate amount of liability the Bank
may transfer through risk-sharing during a fiscal year
pursuant to contracts or other arrangements entered into
under subsection (a) during that fiscal year may not exceed
$10,000,000,000.
(c) Annual Reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter through
2019, the Bank shall submit to Congress a written report that
contains a detailed analysis of the use of the pilot program
carried out under subsection (a) during the year preceding
the submission of the report.
(d) Rule of Construction.--Nothing in this section shall be
construed to affect, impede, or revoke any authority of the
Bank.
(e) Termination.--The pilot program carried out under
subsection (a) shall terminate on September 30, 2019.
Subtitle B--Promotion of Small Business Exports
SEC. 5201. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS.
(a) In General.--Section 2(b)(1)(E)(v) of the Export-Import
Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by
striking ``20 percent'' and inserting ``25 percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to fiscal year 2016 and each fiscal
year thereafter.
SEC. 5202. REPORT ON PROGRAMS FOR SMALL AND MEDIUM-SIZED
BUSINESSES.
(a) In General.--Section 8 of the Export-Import Bank Act of
1945 (12 U.S.C. 635g) is amended by adding at the end the
following:
``(k) Report on Programs for Small and Medium-Sized
Businesses.--The Bank shall include in its annual report to
Congress under subsection (a) a report on the programs of the
Bank for United States businesses with less than $250,000,000
in annual sales.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to the report of the Export-Import
Bank of the United States submitted to Congress under section
8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635g) for
the first year that begins after the date of the enactment of
this Act.
Subtitle C--Modernization of Operations
SEC. 5301. ELECTRONIC PAYMENTS AND DOCUMENTS.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(1)) is amended by adding at the end the
following:
``(M) Not later than 2 years after the date of the
enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, the Bank shall implement
policies--
``(i) to accept electronic documents with respect to
transactions whenever possible, including copies of bills of
lading, certifications, and compliance documents, in such
manner so as not to undermine any potential civil or criminal
enforcement related to the transactions; and
``(ii) to accept electronic payments in all of its
programs.''.
SEC. 5302. REAUTHORIZATION OF INFORMATION TECHNOLOGY
UPDATING.
Section 3(j) of the Export-Import Act of 1945 (12 U.S.C.
635a(j)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``2012, 2013, and 2014'' and inserting
``2015 through 2019'';
(2) in paragraph (2)(B), by striking ``(I) the funds'' and
inserting ``(i) the funds''; and (3) in paragraph (3), by
striking ``2012, 2013, and 2014'' and inserting ``2015
through 2019''.
Subtitle D--General Provisions
SEC. 5401. EXTENSION OF AUTHORITY.
(a) In General.--Section 7 of the Export-Import Bank Act of
1945 (12 U.S.C. 635f) is amended by striking ``2014'' and
inserting ``2019''.
(b) Dual-Use Exports.--Section 1(c) of Public Law 103-428
(12 U.S.C. 635 note) is amended by striking ``September 30,
2014'' and inserting ``the date on which the authority of the
Export-Import Bank of the United States expires under section
of the Export-Import Bank Act of 1945 (12 U.S.C. 635f)''.
(c) Sub-Saharan Africa Advisory Committee.--Section
2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(9)(B)(iii)) is amended by striking ``September
30, 2014'' and inserting ``the date on which the authority of
the Bank expires under section 7''.
(d) Effective Date.--The amendments made by this section
shall take effect on the earlier of the date of the enactment
of this Act or June 30, 2015.
SEC. 5402. CERTAIN UPDATED LOAN TERMS AND AMOUNTS.
(a) Loan Terms for Medium-Term Financing.--
Section 2(a)(2)(A) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(a)(2)(A)) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon; and
(2) by adding at the end the following:
``(iii) with principal amounts of not more than $25,000,000; and''.
(b) Competitive Opportunities Relating to Insurance.--
Section 2(d)(2) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(d)(2)) is amended by striking ``$10,000,000'' and
inserting ``$25,000,000''.
(c) Export Amounts for Small Business Loans.--Section
3(g)(3) of the Export-Import Bank Act of 1945 (12 U.S.C.
635a(g)(3)) is amended by striking ``$10,000,000'' and
inserting ``$25,000,000''.
(d) Consideration of Environmental Effects.--Section
(a)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C.
635i-5(a)(1)(A)) is amended by striking ``$10,000,000 or
more'' and inserting the following: ``$25,000,000 (or, if
less than $25,000,000, the threshold established pursuant to
international agreements, including the Common Approaches for
Officially Supported Export Credits and Environmental and
Social Due Diligence, as adopted by the Organisation for
Economic Co-operation and Development Council on June 28,
2012, and the risk-management framework adopted by financial
institutions for determining, assessing, and managing
environmental and social risk in projects (commonly referred
to as the `Equator Principles')) or more''.
(e) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2016 and each fiscal
year thereafter.
Subtitle E--Other Matters
SEC. 5501. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.
Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C.
635 et seq.) is amended by adding at the end the following:
``(k) Prohibition on Discrimination Based on Industry.--
``(1) In general.--Except as provided in this Act, the Bank
may not--
``(A) deny an application for financing based solely on the
industry, sector, or business that the application concerns;
or
``(B) promulgate or implement policies that discriminate
against an application based solely on the industry, sector,
or business that the application concerns.
``(2) Applicability.--The prohibitions under paragraph (1)
apply only to applications for financing by the Bank for
projects concerning the exploration, development, production,
or export of energy sources and the generation or
transmission of electrical power, or combined heat and power,
regardless of the energy source involved.''.
SEC. 5502. NEGOTIATIONS TO END EXPORT CREDIT FINANCING.
(a) In General.--Section 11 of the Export-Import Bank
Reauthorization Act of 2012 (12 U.S.C. 635a-5) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Secretary of the Treasury (in this section referred to as
the 'Secretary')'' and inserting ``President''; and
(B) in paragraph (1)--
(i) by striking ``(OECD)'' and inserting ``(in this section
referred to as the `OECD')''; and
(ii) by striking ``ultimate goal of eliminating'' and
inserting ``possible goal of eliminating, before the date
that is 10 years after the date of the enactment of the
Export-Import Bank Reform and Reauthorization Act of 2015,'';
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``President''; and
(3) by adding at the end the following:
``(c) Report on Strategy.--Not later than 180 days after
the date of the enactment of the Export-Import Bank Reform
and Reauthorization Act of 2015, the President shall submit
to Congress a proposal, and a strategy for achieving the
proposal, that the United States Government will pursue with
other major exporting countries, including OECD members and
non-OECD members, to eliminate over a period of not more than
10 years subsidized export-fmancing programs, tied aid,
export credits, and all other forms of government-supported
export subsidies.
``(d) Negotiations With Non-Oecd Members.--The President
shall initiate and pursue negotiations with countries that
are not OECD members to bring those countries into a
multilateral agreement establishing rules 3 and limitations
on officially supported export credits.
``(e) Annual Reports on Progress of Negotiations.--Not
later than 180 days after the date of the enactment of the
Export-Import Bank Reform and Reauthorization Act of 2015,
and annually thereafter through calendar year 2019, the
President shall submit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report
on the progress of any negotiations described in subsection
(d).''.
(b) Effective Date.--The amendments made by paragraphs (1)
and (2) of subsection
[[Page H5621]]
(a) shall apply with respect to reports required to be
submitted under section 11(b) of the Export-Import Bank
Reauthorization Act of 2012 (12 U.S.C. 635a-5(b)) after the
date of the enactment of this Act.
SEC. 5503. STUDY OF FINANCING FOR INFORMATION AND
COMMUNICATIONS TECHNOLOGY SYSTEMS.
(a) Analysis of Information and Communications Technology
Industry Use of Bank Products.--The Export-Import Bank of the
United States (in this section referred to as the ``Bank'')
shall conduct a study of the extent to which the products
offered by the Bank are available and used by companies that
export information and communications technology services and
related goods.
(b) Elements.--In conducting the study required by
subsection (a), the Bank shall examine the following:
(1) The number of jobs in the United States that are
supported by the export of information and communications
technology services and related goods, and the degree to
which access to financing will increase exports of such
services and related goods.
(2) The reduction in the financing by the Bank of exports
of information and communications technology services from
2003 through 2014.
(3) The activities of foreign export credit agencies to
facilitate the export of information and communications
technology services and related goods.
(4) Specific proposals for how the Bank could provide
additional financing for the exportation of information and
communications technology services and related goods through
risk-sharing with other export credit agencies and other
third parties.
(5) Proposals for new products the Bank could offer to
provide financing for exports of information and
communications technology services and related goods,
including--
(A) the extent to which the Bank is authorized to offer new
products;
(B) the extent to which the Bank would need additional
authority to offer new products to meet the needs of the
information and communications technology industry;
(C) specific proposals for changes in law that would enable
the Bank to provide increased financing for exports of
information and communications technology services and
related goods in compliance with the credit and risk
standards of the Bank;
(D) specific proposals that would enable the Bank to
provide increased outreach to the information and
communications technology industry about the products the
Bank offers; and
(E) specific proposals for changes in law that would enable
the Bank to provide the financing to build information and
communications technology infrastructure, in compliance with
the credit and risk standards of the Bank, to allow for
market access opportunities for United States information and
communications technology companies to provide services on
the infrastructure being financed by the Bank.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Bank shall submit to Congress a
report that contains the results of the study required by
subsection (a).
____
The Vote on the Previous Question: What It Really Means
(21) This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Republican majority agenda and a vote to allow
the Democratic minority to offer an alternative plan. It is a
vote about what the House should be debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives (VI, 308-311), describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
The Republican majority may say ``the vote on the previous
question is simply a vote on whether to proceed to an
immediate vote on adopting the resolution . . . [and] has no
substantive legislative or policy implications whatsoever.''
But that is not what they have always said. Listen to the
Republican Leadership Manual on the Legislative Process in
the United States House of Representatives, (6th edition,
page 135). Here's how the Republicans describe the previous
question vote in their own manual: ``Although it is generally
not possible to amend the rule because the majority Member
controlling the time will not yield for the purpose of
offering an amendment, the same result may be achieved by
voting down the previous question on the rule. . . . When the
motion for the previous question is defeated, control of the
time passes to the Member who led the opposition to ordering
the previous question. That Member, because he then controls
the time, may offer an amendment to the rule, or yield for
the purpose of amendment''
In Deschler's Procedure in the U.S. House of
Representatives, the subchapter titled ``Amending Special
Rules'' states: ``a refusal to order the previous question on
such a rule [a special rule reported from the Committee on
Rules] opens the resolution to amendment and further
debate.'' (Chapter 21, section 21.2) Section 21.3 continues:
``Upon rejection of the motion for the previous question on a
resolution reported from the Committee on Rules, control
shifts to the Member leading the opposition to the previous
question, who may offer a proper amendment or motion and who
controls the time for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Republican
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Mr. SESSIONS. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. POLIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on ordering the previous question will be
followed by 5-minute votes on adopting the resolution, if ordered; and
suspending the rules and passing H.R. 1300.
The vote was taken by electronic device, and there were--yeas 242,
nays 180, not voting 11, as follows:
[Roll No. 483]
YEAS--242
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Chaffetz
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
[[Page H5622]]
NAYS--180
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Yarmuth
NOT VOTING--11
Carney
Carter (TX)
Clawson (FL)
Costa
Engel
Eshoo
Levin
Lujan Grisham (NM)
Pelosi
Price, Tom
Wilson (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1416
Mr. LOWENTHAL and Ms. KELLY of Illinois changed their vote from
``yea'' to ``nay.''
Mr. BARTON changed his vote from ``nay'' to ``yea.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
Stated against:
Ms. ESHOO. Mr. Speaker, I was not present during rollcall vote No.
483. I would like to reflect that on rollcall vote No. 483 I would have
voted ``no.''
(By unanimous consent, Mr. Dent was allowed to speak out of order.)
Washington Kastles Charity Classic
Mr. DENT. Mr. Speaker, I am gathered here today with some of my
colleagues because we participated in the Washington Kastles Charity
Classic. We had a wonderful time for charity.
I just wanted to mention this. The Washington Kastles, who were
founded in 2008 and is the tennis team for the city of Washington, have
made more than $1 million in charitable donations.
The Charity Classic is an extension of those efforts, with 100
percent of the ticket proceeds benefiting Tragedy Assistance Program
for Survivors, or TAPS, the DC Public Education Fund, and Food &
Friends.
Fans can choose which organization they support. It is a great cause.
We had a tennis match, Stars v. Stripes. I am sorry to report that
the Stars defeated the Stripes, having been in the Stripes the last 3
years. They finally won one, but we are very excited for them. It is
nice to be talking about something other than golf on the House floor.
I also wanted to acknowledge one person with us here today, Martina
Hingis, who is in the audience. She is up there in the gallery. She
just won Wimbledon Doubles Championship, women's and mixed doubles. She
won both the women's doubles title and the mixed doubles title. She is
on the Washington Kastles.
We just wanted to acknowledge all the folks who played:
Representatives Scott, Dold, Yoder, Bustos and Beatty. Where is Jared
Huffman with the big serve? He is back there.
We had a wonderful time. Senator Flake, Senator Merkley, and the rest
of the Kastles could not be with us today. They are traveling. But we
just wanted to thank them all for this wonderful effort. We need more
tennis.
At this time we would like to present this trophy, this cup, from the
Stripes to the Stars, who defeated us.
The SPEAKER pro tempore (Mr. Fortenberry). Without objection, 5-
minute voting will continue.
There was no objection.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. POLIS. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 243,
noes 183, not voting 7, as follows:
[Roll No. 484]
AYES--243
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Chaffetz
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--183
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
[[Page H5623]]
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--7
Carney
Carter (TX)
Clawson (FL)
Engel
Levin
Lujan Grisham (NM)
Price, Tom
{time} 1427
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________