[Congressional Record Volume 161, Number 159 (Wednesday, October 28, 2015)]
[House]
[Pages H7268-H7271]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO H.R. 1314, 
       ENSURING TAX EXEMPT ORGANIZATIONS THE RIGHT TO APPEAL ACT

  Mr. COLE. Mr. Speaker, by direction of the Committee on Rules, I call 
up House Resolution 495 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 495

       Resolved, That upon adoption of this resolution it shall be 
     in order to take from the Speaker's table the bill (H.R. 
     1314) to amend the Internal Revenue Code of 1986 to provide 
     for a right to an administrative appeal relating to adverse 
     determinations of tax-exempt status of certain organizations, 
     with the Senate amendment thereto, and to consider in the 
     House, without intervention of any point of order, a motion 
     offered by the Majority Leader or his designee that the House 
     concur in the Senate amendment with the amendment printed in 
     part A of the report of the Committee on Rules accompanying 
     this resolution modified by the amendment printed in part B 
     of that report. The Senate amendment and the motion shall be 
     considered as read. The motion shall be debatable for one 
     hour equally divided and controlled by the Majority Leader 
     and the Minority Leader or their respective designees. The 
     previous question shall be considered as ordered on the 
     motion to its adoption without intervening motion or demand 
     for division of the question.

  The SPEAKER pro tempore. The gentleman from Oklahoma is recognized 
for 1 hour.
  Mr. COLE. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentlewoman from New York (Ms. Slaughter), 
my good 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.


                             General Leave

  Mr. COLE. 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 Oklahoma?
  There was no objection.
  Mr. COLE. Mr. Speaker, yesterday the Rules Committee met and reported 
a rule for consideration of H.R. 1314, the Bipartisan Budget Agreement 
of 2015. The rule makes in order a motion offered by the majority 
leader that the House concur in the Senate amendment to H.R. 1314, with 
an amendment consisting of the text of the Bipartisan Budget Agreement 
of 2015. The rule provides for 1 hour of debate equally divided and 
controlled by the majority leader and the minority leader.
  Mr. Speaker, I want to start with a phrase I often share with my 
fellow Members: In a negotiation, you are always going to get less than 
you want and give up more than you would like. I think that is a 
fitting way to describe the bill we find ourselves presented with 
today. In an era of divided government, that is the reality we find 
ourselves in.
  At the beginning of the negotiation, the President demanded a clean 
debt ceiling increase with no changes and no conditions. In addition, 
he wanted more spending and higher taxes. Given that, I think the deal 
that we have before us is a testament to our leadership's ability to 
negotiate.
  As I said yesterday, Mr. Speaker, nobody is going to be popping 
champagne corks at either end of Pennsylvania Avenue over this bill. It 
is what most things are in divided government, in a system of checks 
and balances, and in an era of polarized politics. It is a deal that 
leaves both sides unsatisfied, but it is a deal that avoids default, 
prevents a government shutdown, and adequately funds our military. 
Moreover, it reforms and funds the Social Security Disability Insurance 
Fund, saving it from bankruptcy, and prevents a crippling increase in 
the premiums paid by many people who receive Medicare part B.
  There are any number of provisions that Members on both sides can 
point to as reasons to oppose this legislation. I, myself, would have 
negotiated a different deal. But in determining one's support for this 
legislation, I encourage Members to look at what the alternative would 
be, and that is this: the first default on our Nation's debt in the 
history of this country, significant cuts to our military in a time 
when we need our military the most, and an almost 50 percent increase 
in Medicare premiums for many of our seniors. That is the reality of 
what happens if we do nothing.
  Mr. Speaker, I am encouraged by a number of provisions in this 
legislation. First, just like the Bipartisan Budget Act of 2013, this 
legislation sets forth 2 years of budget certainty for the 
Appropriations Committee. That certainty puts us on a path to ensure 
consideration of full-year spending bills for the next 2 years, just as 
we were able to accomplish this past fiscal year.
  In addition, this budget certainty provides the needed investment for 
our military. With the ongoing conflicts across the Middle East, 
Russian activity in Eastern Europe, and Chinese claims in the South 
China Sea, it is clearer now than ever that America needs a robust 
military.
  Mr. Speaker, most importantly, all these discretionary spending 
increases are fully paid for by offsets in mandatory programs.
  In addition to these critical investments, the legislation before us 
makes a number of commonsense, structural reforms to SSDI, like 
requiring a medical review before awarding benefits, and expanding 
Cooperative Disability Investigations units to investigate 
sophisticated fraud schemes before benefits are awarded. These reforms 
both ensure that the disability trust fund will be able to pay full 
benefits and ensure that those who truly are disabled have access to 
this important program.
  Beyond that, Mr. Speaker, this legislation realizes over $30 billion 
in Medicare savings within the budget window and countless billions in 
years to come.
  I am pleased to again be talking about the real drivers of our debt: 
the two-thirds of our government spending that is on autopilot. If we 
are unable to deal with these mandatory programs, they will end up 
bankrupting us.
  Finally, Mr. Speaker, this legislation suspends the debt ceiling 
through March 15, 2017. Since its inception in 1917, 20 debt limit laws 
also included a change in fiscal policy. I am pleased that this debt 
limit increase is yet again accompanied by mandatory reforms.
  Of course, Mr. Speaker, I would have preferred stronger reforms, but, 
in this era of divided government with a

[[Page H7269]]

Democratic President and a Republican Congress, no one will be able to 
get everything they want.
  The President wanted a clean debt limit increase. Congress wanted 
significant entitlement reforms. What we are left with is a compromise 
which lowers the trajectory of our debt, but also assures the world 
that the United States will pay its bills.
  While not a perfect piece of legislation, I believe this moves us in 
the right direction and funds critical priorities for our Nation. I 
urge support for the rule and the underlying legislation.
  I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I am here to do my part of the rule. I 
thank the gentleman from Oklahoma, my friend, for yielding me the time, 
and I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of the Bipartisan Budget 
Agreement before us. Instead of the brinksmanship and short-term 
stopgaps that we have seen, we have, I am glad to say, a 2-year budget 
agreement that eases the burden of the damaging sequester cuts, 
protects seniors, affirms the full faith and credit of the United 
States, and provides much-needed economic stability and security to our 
Nation.
  This agreement provides relief from 90 percent of the sequester's 
cuts for the next 2 years. While we should eliminate the sequester in 
its entirety, this is a welcome respite from the sequester's grip, 
ensuring a renewed investment in research, infrastructure, and early 
childhood education.
  The agreement also includes a clean way to pay the debts that 
Congress has already incurred and will eliminate the threat of a debt 
limit standoff for the next 2 years.
  We should remember that the last time politics were played over the 
debt limit, our credit rating was downgraded for the first time in our 
history and our economy suffered.
  Because of this agreement, the nonpartisan Congressional Budget 
Office estimates that the certainty that this budget agreement creates 
will encourage the growth of 340,000 new jobs in 2016 alone.
  The Los Angeles Times Editorial Board wrote this morning that the 
budget agreement will provide ``a welcome measure of stability at a 
time of increasing anxiety about the global economy.''
  Mr. Speaker, I include in the Record the text of the editorial from 
the Los Angeles Times entitled ``John Boehner's Last Deal Leaves 
Congress Better Off.''

              [From the Los Angeles Times, Oct. 28, 2015]

          John Boehner's Last Deal Leaves Congress Better Off

       In a parting gift to the conservatives who hectored him out 
     of office, House Speaker John A. Boehner (R-Ohio) negotiated 
     a budget agreement with Senate leaders and the Obama 
     administration that increases federal spending and raises the 
     debt ceiling in exchange for--well, not much that Republicans 
     covet. There are no big changes in entitlements, no defunding 
     of Planned Parenthood. Yet this backroom deal delivers the 
     goods that matter most: It will avert the risk of a shutdown 
     until after the next president takes office, providing a 
     welcome measure of stability at a time of increasing anxiety 
     about the global economy.
       Boehner had said he wanted to ``clean the barn'' for his 
     replacement--most likely Rep. Paul D. Ryan (R-Wis.)--which 
     meant disposing of four divisive issues with rapidly 
     approaching deadlines. The federal government is days away 
     from hitting its borrowing limit. Federal agencies are slated 
     to run out of funding in early December. The Social Security 
     trust fund for disability benefits is expected to be empty by 
     late 2016. And millions of elderly and disabled Americans 
     face a whopping 52% increase in their Medicare Part B 
     premiums at year's end.
       The compromise negotiated by congressional leaders and the 
     White House would resolve all of these issues in the time-
     honored way: giving everyone much of what they want, then 
     paying for it with budget gimmicks. The debt ceiling would be 
     suspended until March 2017, the budget caps lifted for two 
     fiscal years, disability benefits assured through 2022 and 
     Medicare premium increases made less dramatic. Without these 
     steps, Congress risks defaulting on debts, forcing a 
     government shutdown and delivering a painful financial blow 
     to vulnerable Americans. None of those outcomes should even 
     be contemplatable, and yet Congress' record of dysfunction 
     over the last four years makes them all real possibilities 
     absent a deal like the one Boehner negotiated.
       Obviously, it would be better for Congress to make real 
     choices about spending instead of relying on accounting 
     legerdemain to make the numbers look good. The proposed fix 
     for disability insurance, for example, would take the money 
     out of a fund for future retirement benefits; that's a 
     reprieve, not a solution. But when Congress ignores a problem 
     until the last minute, it takes real solutions off the table, 
     leaving lawmakers to choose between pragmatism and the sort 
     of posturing that dissident House Republicans have made their 
     stock in trade. Credit Boehner with opting for one last deal 
     rather than showing the country again that the House GOP's 
     reach exceeds its grasp.

  Ms. SLAUGHTER. Mr. Speaker, this agreement avoids the harmful cuts to 
Medicare and Social Security beneficiaries by reforming tax compliance 
among hedge funds and private equity funds, ensuring that people in the 
top bracket pay their fair share.
  The agreement also limits any increase in the Medicare part B 
premiums for 2016, protecting millions of seniors from a roughly 50 
percent rate hike. It does this by spreading out the cost of 
replenishing the Medicare trust fund over a number of years, and it 
prevents this kind of rate hike from happening again in 2017.
  The health savings included in this agreement focus on well-
documented areas of overpayment and improved program integrity, 
clearing out waste in the system.
  What's more, the agreement avoids the deep cuts to Social Security 
Disability Insurance benefits that would occur at the end of next year, 
ensuring it continues to pay benefits without reducing benefit levels 
or imposing new eligibility restrictions. Social Security Disability 
will survive, but with reforms to ensure accountability and fiscal 
prudence that are long overdue.
  These are good steps forward. The agreement represents significant 
progress for hardworking American families, and for the next 2 years, 
we have come out of the sequester's shadow. Together, we have found a 
way forward to confront the challenges we face as a nation.
  This agreement is the first bipartisan budget bill we have seen in 
quite awhile. It serves as a roadmap that will lead us through the 
appropriations process; but until we finish that process, we are still 
on the path toward a government shutdown.
  However, with the reauthorization of the Export-Import Bank yesterday 
and now the introduction of this budget agreement, I am hopeful that 
this House can make progress on issues that are important to America 
and to our economy. We have sort of grown accustomed to governing by 
crisis with stopgap measures that do harm to the Nation.
  When John Boehner assumed the Speakership, he promised an open 
process for all Members; but what we have seen is that one party has 
been consistently shut out and only allowed to participate in fits and 
starts, which silences half the voices of our Nation. We have seen 
politicized select committees and political maneuvers, and we hope that 
the cries to the Speaker-in-waiting for open legislative process will 
include both parties and include all voices.
  This agreement, with a 2-year outlook, with input from leadership 
from both Chambers of Congress and the White House, has, perhaps, 
marked a turning point. Only time will tell.
  I reserve the balance of my time.

                              {time}  1245

  Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
  I just want to make a couple of points. First, I want to thank my 
good friend for her work on this and her cooperation. I agree with many 
of the points she made, certainly about the fact that I hope this 
heralds a new beginning.
  Worth noting, we did have a budget agreement 2 years ago, and that 
worked pretty well for a couple of years. I am pleased to see that this 
follow-on agreement is here before us today. I think it will give us 2 
years of stability.
  My friend will understand if I take mild exception with some of her 
remarks about being shut out of the process. Those of us who were here 
in the minority on the Republican side of the aisle certainly remember 
not being allowed to offer amendments to the Affordable Care Act, 
seeing the stimulus act come to the floor with no committee, and, 
frankly, having the long-time practice of appropriations bills coming 
under open rules totally suspended.
  But, in the spirit of cooperation today, I will leave it at that. 
Let's look

[[Page H7270]]

ahead. I think my friend is exactly right when she suggests this bill 
not only solves some important issues that are in front of us in a 
bipartisan way, a give-and-take way, but creates an opening and an 
opportunity going forward.
  I really think, if we get this rule passed--and I am sure we will--
and we get the underlying legislation passed--I am sure we will be able 
to do that as well--that next year offers us an opportunity to do what 
we have not done around here, really, since 2006, and that is see every 
single appropriations bill come to the floor under an open rule so that 
Members on both sides can participate in the most important process of 
governing ourselves, and that is the appropriation of the taxpayers' 
dollars for the functioning of government.
  If we can build on this and achieve that, I think a lot of people on 
both sides of the aisle who are concerned about regular order and who, 
frankly, have never seen it work will have an opportunity to watch it 
work.
  I would suggest the fact that we already have an agreement as to what 
the top-line number will be on what we spend in the normal 
appropriations process might make it easier for a lot of the votes to 
be more bipartisan.
  Frankly, I know that is certainly possible in my committee, the 
Appropriations Committee, and I think that is something that Members 
are genuinely looking for: an opportunity to debate priorities and 
discuss, but also to come together when there is common ground.
  Again, I want to look at this bill. I know there will be some 
controversy about it today and there will be some people who would have 
liked to have done some things differently. Frankly, I suspect every 
Member would like to do things differently.
  But the reality is we are in a period of divided government. We do 
operate in a system of checks and balances. It has been an 
exceptionally polarizing political environment. The fact that, with all 
of those challenges, the Speaker, the majority leader, the President, 
and the respective minority leaders of both Chambers could come 
together and find enough common ground to accomplish the things that 
this accomplishes is something that we ought to laud, not to disparage.
  I look forward to working with my friend. I look forward to this 
becoming the foundation for a much more productive 2016, where we can 
do something we have not done for a long time, and that is operate 
under regular order throughout the entire appropriations process. That 
is going to be my New Year's resolution after we get an omnibus done.
  I think this will set the ground for getting that done by early 
December and we can have stability next year and an opportunity to 
legislate the way I think most Members, regardless of party or 
philosophical point of view, want to legislate.
  Mr. Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I am pleased to yield 2\1/2\ minutes to 
the gentlewoman from New York (Mrs. Carolyn B. Maloney).
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I thank my good 
friend and the ranking member on the Rules Committee for yielding to me 
and for her extraordinary leadership for the State of New York and for 
so many issues before this body.
  Mr. Speaker, I rise to express my strong support for this 2-year 
budget bill and the exemplary bipartisan cooperation that made it 
possible. Although this bill is by no means perfect, it is a good bill. 
It is good for the economy and good for the country.
  It will ensure our Nation maintains the full faith and credit of 
global financial markets. It protects millions of Americans from an 
enormous Medicare premium increase. It frees us from the uncertainty 
that roils markets and worries businesses, both big and small.
  While I support the compromise, I would like to raise some concerns 
about its impact on hospitals in the district that I represent.
  The bill puts restrictions on which hospital-affiliated facilities 
can be considered outpatient departments and reimbursed at hospital 
rates.
  Under the bill going forward, acquired facilities that are a certain 
distance from the main campus of hospitals will be reimbursed, but at a 
lower rate. They will be reimbursed for services as a regular doctor's 
visit. Existing sites will be grandfathered, but those that are under 
construction will be exempted and charged the lower rate.
  This will be a challenge in areas, like the district that I 
represent, where increasing demand collides with the lack of physical 
space to cause scattered hospital-affiliated facilities. I hope to work 
with my colleagues to improve the changes made to these outpatient 
services Medicare payments.
  I commend all who have worked with such goodwill on this budget. I 
urge my colleagues to support the rule and the underlying bill.
  Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
  I want to say I think my good friend from New York makes an excellent 
point. There are going to be some issues like this that I think we need 
to look at very carefully in the coming weeks and perhaps find some 
common ground on. In an agreement of this magnitude, occasionally we 
are going to have some problems.
  I have some other areas of concern in some of the offsets, 
agricultural crop insurance being one of them. I suspect, in the coming 
weeks, perhaps we can find some common ground on these issues. I 
certainly hope so.
  Of course, if we get an omnibus spending bill done, which this is the 
foundation or the predecessor for, then we will have a vehicle where 
perhaps we can address some of the concerns that my friend raises and 
as I know others have in different areas with respect to this 
agreement.
  Again, I want to thank my friend for bringing the issues forward. I 
think they are important to air and make note of. I just pledge that I 
will do what I can to see if we can find some common ground here and 
iron out some of these knotty problems that we have.
  Mrs. CAROLYN B. MALONEY of New York. Will the gentleman yield?
  Mr. COLE. I certainly yield to my friend.
  Mrs. CAROLYN B. MALONEY of New York. I thank the gentleman for 
yielding. I would like to underscore my appreciation to you and the 
ranking member for your willingness to work on correcting this.
  I believe a correction could literally save taxpayer dollars and be 
more efficient. The willingness to work together for better government 
for our country is, I think, a good step forward.
  I thank the leaders on the other side of the aisle for approaching 
this in a bipartisan, cooperative spirit, as you are showing on the 
floor today. It is better for our country and certainly better for the 
budget in all respects.
  Thank you very, very much. I am extremely appreciative.
  Mr. COLE. Reclaiming my time, Mr. Speaker, I want to thank my friend 
again. I again express my appreciation for the point that she raises 
and the willingness to work together.
  I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I yield myself the balance of my time. My 
scheduled speakers have not arrived, and I am prepared to close.
  Mr. Speaker, today we have before us a 2-year budget agreement that 
protects seniors, invests in job training, and eases the burden of the 
sequester.
  However, unless we see the process through with the appropriations 
process, we are still on a path toward shutdown, which is not what the 
American people want from Congress and what the economy can't stand.
  So I urge my colleagues to vote for this bipartisan agreement, for 
the rule, and the underlying bill.
  I yield back the balance of my time.
  Mr. COLE. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I want to just reiterate a number of points that I 
opened my remarks with.
  First, I don't think this is a perfect bill. I doubt that anybody on 
this floor does. However, it is the only deal that can be considered in 
the timeframe we have before the debt limit is breached.
  Secondly, the deal ensures an appropriate level of discretionary 
government spending for the next 2 years, a level that robustly funds 
our military and ensures America's security.
  Finally, this deal is fully paid for and includes mandatory offsets 
that will build over time, further decreasing the trajectory of our 
expanding debt, shifting the burden to where the true drivers of the 
debt are and where the supercommittee was intended to actually

[[Page H7271]]

find cuts and brings us back to fiscal balance.
  Before I conclude my remarks, Mr. Speaker, I also want to add a 
personal tribute, if I may, to our Speaker. This is probably the last 
significant piece of legislation that this body will pass under Speaker 
Boehner's leadership. He was instrumental in forging it.
  I know there are many people who are critical of particular aspects 
of this deal or about the process. Indeed, our Speaker himself has used 
rather colorful language in expressing his opinion of the process by 
which we arrived at this agreement.
  However, I think it is worth noting that, in the finest traditions of 
this House and the institutions that we all cherish, the Speaker, the 
President, the majority leader, the minority leader in the House, the 
minority leader in the Senate, came together, put aside differences, 
and found common ground.
  In doing so, they solved some really difficult issues for us. They 
dealt with an impending default to make sure that didn't happen. They 
dealt with a potential government shutdown or at least bought us the 
time to deal with it between now and December 11.
  They made sure that the additional discretionary spending that they 
both agreed to was offset by a variety of means. They included a really 
important reform in the Social Security disability system that, again, 
will keep it from going bankrupt and help millions of Americans who 
need help.
  Finally, they also made sure that millions of Americans who are 
facing literally 50 percent rate increases under Medicare part B will 
not have those increases. That is no small achievement.
  And John Boehner, for 25 years in this institution, from a freshman 
to the highest pinnacle that we have, the Speakership, has operated 
with integrity and has operated from principle, but has never been 
afraid to try and find common ground for people with different points 
of view. I, for one, appreciate the manner in which he has led our 
House, the manner in which at the very last minute he continues to work 
for the good of the American people and to reach across the aisle to 
find common ground with those with opposing views and opposing partisan 
affiliations.
  I appreciate the manner in which he has dealt with our own 
Conference, which is the largest since 1928, and, consequently, 
probably the most fractious. He has worked with Members of differing 
opinion and found common ground and brought us together.
  So I just, again, speaking for myself, want to say how much I have 
enjoyed, throughout my entire career, having had the opportunity to 
serve with Speaker Boehner, first as a freshman member on his committee 
when he chaired Education and the Workforce, then at the leadership 
table when he became the leader of our party, and, finally, just as 
another Member who admires and appreciates his many, many 
accomplishments, his character, and the manner in which he has led.
  So, with that, Mr. Speaker, I want to again thank the Speaker of the 
entire House, Mr. Boehner, for his distinguished service to this 
institution and to this country and for being a valued friend and a 
person that I genuinely admire and I think people on both sides of the 
aisle genuinely admire.
  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. COLE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER. Pursuant to clause 8 of rule XX, further proceedings on 
this question will be postponed.

                          ____________________