[Congressional Record (Bound Edition), Volume 160 (2014), Part 12]
[Issue]
[Pages 16450-16614]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 16450]]
HOUSE OF REPRESENTATIVES--Wednesday, December 3, 2014
The House met at 10 a.m. and was called to order by the Speaker pro
tempore (Mr. Collins of Georgia).
____________________
DESIGNATION OF SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
December 3, 2014.
I hereby appoint the Honorable Doug Collins to act as
Speaker pro tempore on this day.
John A. Boehner,
Speaker of the House of Representatives.
____________________
MORNING-HOUR DEBATE
The SPEAKER pro tempore. Pursuant to the order of the House of
January 7, 2014, the Chair will now recognize Members from lists
submitted by the majority and minority leaders for morning-hour debate.
The Chair will alternate recognition between the parties, with each
party limited to 1 hour and each Member other than the majority and
minority leaders and the minority whip limited to 5 minutes, but in no
event shall debate continue beyond 11:50 a.m.
____________________
NATIONAL OZONE POLLUTION STANDARDS
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Illinois (Mr. Quigley) for 5 minutes.
Mr. QUIGLEY. Mr. Speaker, since the Clean Air Act was enacted into
law more than 40 years ago, we have seen tremendous progress in
cleaning up our air and in protecting thousands of communities around
the country.
Unfortunately, many Americans are still living in communities where
poor air quality puts them and their loved ones' health at risk. That
is why I am proud to support the EPA's new standard for ground level
ozone pollution.
Whether we work outdoors or simply want our children to be able to
play outside, the EPA's recent national ozone pollution standards bring
us one step closer to cleaner, healthier communities for everyone to
enjoy. This proposal would lower the current standard of 75 parts per
billion to a standard in the range of 65 to 70 parts per billion, while
taking public comments on a level as low as 60.
Despite what many of my colleagues seem to believe, successful public
health protection depends on the latest scientific data, and as many
Members have been so eager to point out, we are not scientists. All we
can do is rely on the best data out there from experts in the field,
and in this case the data is quite clear.
A significantly expanded body of scientific evidence, including more
than 1,000 new studies since the last review of the standards, show
that ozone can cause harmful effects to health and the environment.
Health experts, epidemiologists, and numerous medical organizations
have clearly stated that the existing EPA smog standard of 75 parts per
billion is not adequate to protect public health, particularly for
vulnerable populations such as children, the elderly, outdoor workers,
and those with chronic medical conditions like asthma. In all, 147
million people in the U.S., almost half of the country, are breathing
unhealthy air.
Earlier this year the American Lung Association's State of the Air
2014 ranked Chicago as the 14th most polluted city in the Nation for
short-term particle pollution. The city also ranked 20th for most
ozone-polluted and for year-round particle pollution. In fact, nearly
half of all Americans live in counties where ozone or particle
pollution levels make the air unhealthy to breathe.
Studies have linked breathing ozone to an increased risk of premature
deaths and difficulty breathing, as well as other serious illnesses. In
the U.S. today, one child in 10 already suffers from asthma, and ozone
pollution only makes things worse.
When asked what steps need to be taken to reduce the air pollution,
the American Lung Association said that Federal action, including the
EPA setting strong, health-based standards to limit ozone pollution, is
one of the most important action steps we can take.
When we update our national ozone pollution standards, we are not
only cleaning up our air but also protecting those most at risk. These
changes would have a lasting and positive impact on my home State of
Illinois, where 1.2 million adults and 13 percent of children suffer
from smog-related asthma, well above the national average.
President Theodore Roosevelt once said, ``In any moment of decision,
the best thing you can do is the right thing. The worst thing you can
do is nothing.'' Knowing the tremendous impact ozone pollution has on
our environment and community health, the decision to do nothing is not
a viable option.
Per usual, there are those here attacking this new proposal with
claims of job loss and economic harm. According to science deniers and
special interests, this proposal will cause the sky to fall. The facts,
however, state otherwise.
Since 1970 we have cut harmful air pollution by almost 70 percent
while the U.S. economy has more than tripled. An ozone standard in the
proposed range of 65 to 70 parts per billion has public health benefits
worth billions of dollars. Reducing ozone and particle pollution
nationwide will avoid countless premature deaths and thousands of
asthma-related emergency room visits, not to mention fewer missed
school and work days.
The impact of ozone on agricultural workers is also important in its
own right. A reduction in the ozone standard would translate into an
annual cost savings of approximately $1 billion in labor expenditure.
We have countless scientific studies that clearly display the
negative health risks associated with unregulated ozone pollution.
Nevertheless, critics continue to play a dangerous role in denouncing
the science and the law EPA has used for more than 40 years.
The science cannot be ignored. Now is the time to protect the most
vulnerable among us. Now is the time to fight for better air quality
across the country. Now is the time for action to protect American
health and the environment.
We cannot afford to wait. Clean air is essential to a healthy
community and a strong economy.
____________________
GENIUS OF THE CONSTITUTION
The SPEAKER pro tempore. The Chair recognizes the gentleman from
California (Mr. McClintock) for 5 minutes.
Mr. McCLINTOCK. Mr. Speaker, the genius of our Constitution can be
found in the separation of powers that has preserved our freedom for
225 years.
The American Founders recognized that what had gone so terribly wrong
in Europe was that the same organ of government that made the law also
enforced that law and adjudicated it. All the powers were in the same
hands. They wanted to protect their new Nation from such a fate.
So they divided the powers of government. Congress, and Congress
alone,
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makes the law. ``All legislative power herein granted shall be vested
in a Congress of the United States.''
You want many voices in that decisionmaking process. You want a
great, big, messy debate. That is the Congress.
Once that decision is made, it needs to be carried out by a single
will, a single branch, headed by one individual whom the Constitution
commands to ``take care that the laws be faithfully executed.'' One
person does not get to make the law in this Republic. The President is
called upon to enforce the law.
Fundamentally, that means he does not get to pick and choose which
laws he will enforce and which laws he will ignore. He does not get to
pick and choose who must obey the law and who gets to live above the
law. And he does not get to change laws or make laws by decree.
That is the difference between the American Republic that prides
itself on being a nation of laws and not of men and the European
despots of old who boasted that the law was in their mouths.
Mr. Speaker, last week the President asserted an entirely
unconstitutional power to nullify existing immigration law by ordering
the executive branch to simply ignore it. Further, he has ordered 34
million green cards to allow businesses to hire illegal immigrants,
despite Federal law that explicitly forbids their employment.
Throughout our Nation's history, executives have tested the limits of
their power, but this act crosses a very bright line. Fortunately, the
American Founders anticipated that some day a President might attempt
to subvert the Constitution in this manner, and they provided a variety
of defenses available to both the legislative and the judicial
branches.
The legislative branch has the power of the purse, but that power is
temporarily constrained by the partisan division between the House and
the Senate. Fortunately, the American people have acted to end that
division in January.
But I fear that any confrontation between the executive and the
legislative branches could ultimately end in stalemate. The third
branch of government, the judiciary, must be brought into this process.
Since our earliest days, the Supreme Court has guarded our Nation
from unconstitutional acts by both the legislative and executive
branches, and that role is desperately needed now. I believe there is
no substitute for Congress doing everything within its power to invoke
judicial intervention.
I cannot believe that even the most devoted liberals on the bench can
be comfortable with this brazen act of usurpation. Assuming the Court
stands with the Constitution, the President would have no choice but to
back down or face a catastrophic public and congressional backlash.
Whether we choose to recognize it, this is a full-fledged
constitutional crisis. If allowed to stand, this precedent renders
meaningless the separation of powers and the checks and balances that
comprise the fundamental architecture of our Constitution. If it
stands, every future President, Republican and Democrat, will cite it
as justification for lawmaking by decree.
The seizure of legislative authority by the executive is fatal to a
republic such as ours. Indeed, it was Julius Caesar's usurpation of the
Roman senate's legislative prerogatives that brought down the Roman
republic and began four centuries of dictatorship. Once the rule of one
man is established over the rule of law, it is a very difficult thing
to stop.
Unlike every law that is passed under our Constitution, the
Constitution itself has no penalties for those who break it. The reason
is that the Constitution was written to be self-enforcing, but that
only happens if the powers of government are evenly balanced. The
Founders relied on each branch acting to keep those powers in balance.
Now, in our time, that responsibility is ours.
____________________
ASSESSMENTS IN EDUCATION
The SPEAKER pro tempore. The Chair recognizes the gentlewoman from
Oregon (Ms. Bonamici) for 5 minutes.
Ms. BONAMICI. Mr. Speaker, I am here this morning to discuss an
important issue that we hear about when we talk with teachers, parents,
students, and school administrators. In conversation after
conversation, they have expressed concern about what seems like an
endless stream of tests that, in many cases, do little, if anything, to
improve learning or classroom instruction.
Of course, assessments play an important role in education, and high-
quality assessments are valuable for informing meaningful instruction.
Nonetheless, too much time is devoted to redundant, low-quality, or
unnecessary tests.
In many cases, teachers administer tests, but the results aren't made
available for months, and hardworking educators have little opportunity
to design individualized support based on the results of those tests.
Furthermore, some of the tests are redundant. They take up time that
could be used on meaningful instruction, use resources best spent
elsewhere, and cause students undue stress. In other schools, too much
time is dedicated to preparing for tests that are not well-aligned with
State standards. Simply put, unnecessary assessments have hindered our
progress as a global leader in education.
We know that the Federal Government mandates several tests each year,
and States and school districts often require even more tests. Does
this all make sense? Do all of these tests improve instruction, improve
public education?
Today, I rise to discuss legislation that I am working on to help
States and local districts implement good, reliable assessments aligned
to standards, and importantly, eliminate redundant, poor-quality
assessments that take valuable time from teachers and students, time
that could be used on meaningful instruction.
We don't need more tests. We need better tests. My bill will use an
existing grant to provide States with funding to develop assessment
systems that ensure the best use of students' test results and that
align assessments with college and career-ready standards.
The transition to rigorous content standards is hard work, and my
bill will support States as they implement high-quality assessments
linked to those standards.
Working with local educational agencies, States will create
assessment plans outlining how they will improve the quality of their
tests, how they will use the assessment data, and how they will make
the data more accessible to educators, students, and parents.
This legislation will also support States and local districts that
want to lead the way on developing more sensible assessment systems.
States will be able to volunteer to audit their assessment systems and
use the results to design plans to eliminate unnecessary and redundant
testing.
Many State school chiefs and district superintendents have recently
made a commitment to this effort. My legislation will make available
much-needed Federal support.
{time} 1015
The focus in the classroom should be on the student. This bill will
help States improve their assessments and make better use of the
results, so they can draw valuable conclusions about students and give
educators the data they need, so they can do what they do best: teach.
Ultimately, we must address the culture of testing that has created
stress for students, parents, and teachers. This bill is a strong first
step. It keeps control in the hands of the States and school districts,
and it provides the funding to streamline assessment systems and make
sure that the remaining assessments are high quality and useful.
My bill offers this support through an existing funding stream, and
it will help put the focus back on our students. I urge my colleagues
to support this bill.
____________________
OPPOSITION TO UNESCO FUNDING
The SPEAKER pro tempore. The Chair recognizes the gentlewoman from
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Florida (Ms. Ros-Lehtinen) for 5 minutes.
Ms. ROS-LEHTINEN. Mr. Speaker, I rise to speak against a push by the
administration and its allies here in Congress to ignore U.S. law--this
time, to ignore the legal prohibition on using U.S. taxpayer dollars to
fund UNESCO.
Frankly, it is an indictment against the administration and some of
our colleagues that we have to go through this song and dance every
year or whenever a funding measure is set to come to the floor; yet
here we are again, as some in Congress want to help President Obama
circumvent and undermine U.S. law and restore at least partial funding
for UNESCO, so that that body can continue to push its anti-U.S./anti-
Israel agenda.
Time and again, the President has taken unilateral action meant to
get around congressional opposition and has openly stated that he will
continue to do so.
Since 1990, U.S. law has prohibited any funding to the U.N. or to any
U.N. agency that gives the PLO membership status and recognizes the
nonexistent State of Palestine.
UNESCO was well aware of our laws when its members voted to include
this so-called Palestine among its ranks, triggering the U.S. funding
prohibition. President Obama knew this when we cut off UNESCO's funding
in response because it is the law; however, since then, he has sought
ways to undermine and circumvent this law to not only restore funding
to UNESCO, but to also pay dues in arrears which now would amount to
over $300 million in U.S. taxpayer dollars.
This is the very same body that allows the likes of Cuba--the
antithesis of freedom and the respect for human rights and the rule of
law--on its executive board. When UNESCO admitted a nonexistent
Palestine, it undermined the peace process and only emboldened Abu
Mazen even further to move forward with his unilateral push for
statehood at the U.N.
There cannot be a legitimate Palestinian state unless it comes about
as the result of direct negotiations between the Israelis and the
Palestinians. This unilateral scheme by Abu Mazen is a way for him to
use that U.N. body to gain de facto statehood without having to first
come to an agreement with Israel.
If President Obama and his enablers in Congress have their way and
U.S. funding for UNESCO is restored, it will signal that the U.S.
supports this unilateral push for statehood, and we will have sold out
our closest friend and ally: the democratic Jewish State of Israel.
We must make it clear to the administration in no uncertain terms
that Congress will not allow it to continue to circumvent and undermine
congressional authority or the law and that we will not allow it once
again to fund UNESCO.
Giving the administration the authority it seeks to fund UNESCO would
not only set a dangerous precedent by showing those with an anti-Israel
agenda at the U.N. that the U.S. does not have the courage of its
convictions or the fortitude to enforce our own laws, but it would also
give the green light to the rest of the bodies at the U.N. to follow
UNESCO's lead and also admit Palestine.
Abu Mazen has already signaled that he will seek further recognition
at the U.N., and unless we make it absolutely certain to the entire
U.N. system that admitting Palestine has very real and tangible
negative consequences, the bodies at the U.N. will fall in line with
this dangerous scheme, and that would cause irreparable harm to the
peace process.
Instead of President Obama's looking for ways to spend hundreds of
millions of taxpayer dollars at an anti-U.S./anti-Israel body at the
U.N., which is in violation of U.S. law, the President should perhaps
instead focus on institutions at the U.N. that do work and that are
effective.
This month, for example, the World Food Programme, WFP, was forced to
suspend its assistance to millions of refugees who fled the crisis in
Syria and went to Jordan, to Lebanon, to Iraq, to Turkey; as a result,
millions could go hungry as they are set to face the harsh winter.
Our money would be better spent helping an institution we know works
because it relies on voluntary contributions only, and we should be
doing more to ensure that the WFP, the World Food Programme, can
continue its good work to assist these millions of refugees around the
world.
____________________
THIS CONGRESS MUST VOTE TO AUTHORIZE THE WARS
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Massachusetts (Mr. McGovern) for 5 minutes.
Mr. McGOVERN. Mr. Speaker, I rise today to express my great
frustration and anger that this Congress--the 113th Congress--continues
to ignore its constitutional responsibilities to debate and vote on
whether to authorize the U.S. war against Islamic State forces in Iraq
and Syria.
On July 25, this House voted 370-40 that, if the United States
engages in sustained combat operations in Iraq, then the House would
need to authorize such actions. Let me read exactly what this House
approved by such an overwhelming, bipartisan majority:
The President shall not deploy or maintain United States
Armed Forces in a sustained combat role in Iraq without
specific statutory authorization for such use enacted after
the date of the adoption of this concurrent resolution.
That vote, supported by 180 Republicans and 190 Democrats, was taken
nearly 4.5 months ago.
What has happened since then? On August 8, just 2 weeks after the
House vote, the U.S. began bombing Islamic State forces in Iraq. We are
now bombing Iraq to protect infrastructure, as part of coordinated
military operations with Kurdish and Iraqi military forces, and to take
back or to hold cities, towns, and other territory. We are flying
dozens of bombing sorties nearly every day in Iraq.
Mr. Speaker, we have also escalated the number of U.S. troops in
Iraq, ostensibly as trainers and advisers. On November 7, the President
announced yet another escalation in the number of U.S. troops deployed
to Iraq, sending roughly an additional 1,500 troops to the region for a
``comprehensive training effort'' for Iraq's army.
When they arrive, this will put the number of American troops in Iraq
at around 3,000. The U.S. Central Command is also working on setting up
new ``expeditionary advise-and-assist operation centers'' far outside
the cities of Baghdad and Erbil.
What else has happened since July? We expanded the war to Syria. On
September 17, this House voted to include in the short-term continuing
resolution authority to arm and train certain Syrian rebel forces,
ostensibly to provide ground troops inside Syria to fight Islamic State
forces.
Five days later, the U.S. began bombing inside Syria. We have flown
scores of bombing missions inside Syrian territory against the Islamic
State and--and this should come as no surprise--other radical groups
like the Khorasan Group.
This week, we are in military negotiations with Turkey to establish a
safe zone--a no-fly zone--along the northern border of Syria that will
cover territory inside of Syria and inside Turkey.
The President has asked for an additional $5.6 billion from Congress
to augment the Pentagon's overseas contingency operations account, the
OCO. About $3.4 billion of that would go to the operations against the
Islamic State, and another $1.6 billion would directly support the
Iraqi training and equipping mission. I have no doubt that all or most
of those funds will be included in the omnibus appropriations bill next
week.
Mr. Speaker, if this doesn't add up to our forces being engaged in
sustained military combat operations, then what in the world does? Many
Members keep talking about prohibiting U.S. troops from having boots on
the ground.
Mr. Speaker, we already have nearly 3,000 pairs of boots on the
ground in Iraq, and I don't know how many people we have supporting and
carrying out bombing missions because the Pentagon and the White House
haven't told us.
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Enough is enough. This House needs to draft, debate, and vote on
whether to authorize this vast array of military operations known as
Operation Inherent Resolve before we adjourn this year.
This war began under this Congress, the 113th Congress. It has
escalated under the 113th Congress. It has expanded from Iraq to Syria
and now to Turkey under the 113th Congress. It is the responsibility of
the 113th Congress to authorize it or not. We need to take care of our
business--real, serious, life-and-death business--before we walk out
the door next week. We need to do our jobs.
No more excuses, no more whining about how the White House should
send Congress a request. It is the institutional and constitutional
duty of the Congress of the United States to decide matters of war and
peace. It is time for the leadership of this House to step up to the
plate and bring an authorization to the floor to be debated and voted
on before we adjourn.
If not, then shame on this House and shame on the leadership for
failing to carry out our most sacred duty to our uniformed men and
women, their families, and the American people.
____________________
IN HONOR OF THE BRAVERY OF PRIVATE JOHN SIPE
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Pennsylvania (Mr. Perry) for 5 minutes.
Mr. PERRY. Mr. Speaker, I call attention to the bravery exhibited
during the Civil War by Private John Sipe during the Battle of Fort
Stedman.
In addition, I recognize and commend the tireless efforts by his
great-grandson, Mr. Reuben Troutman, a constituent of Pennsylvania's
Fourth District, who has advocated for over a decade for the
consideration of his great-grandfather to receive the Medal of Honor.
On March 25, 1865, Private Sipe's selfless actions in the face of
grave danger exhibited unparalleled bravery while fighting at the
Battle of Fort Stedman with the 205th Regiment Pennsylvania Volunteers.
After Confederate forces succeeded in capturing Fort Stedman, the
205th Regiment made a gallant charge to counter the rebel attack.
Although still considered to be in training status at that time, these
brave Pennsylvanians managed to force the opposition back into Fort
Stedman, halting the Confederate onslaught.
During the intense hand-to-hand combat that occurred in retaking the
fort, Private Sipe displayed extreme heroism when, without concern for
his own safety, he fearlessly charged the rebel lines and captured the
Confederate flag.
The commander of the IX Army Corps, Major General John G. Parke,
recommended to Army headquarters that Private Sipe be awarded the Medal
of Honor for his valor and selflessness in capturing the enemy flag.
Mr. Speaker, I must explain that capturing this flag at the time was
not like this game that you might have heard about of capturing the
flag. At the time of the Civil War, just imagine the fire and the sound
of cannonade, muskets, the screams of compatriots on either side of the
line in trying to manage the battle.
It was the flag, it was the guidon, it was the standard, that showed
the soldiers what action their unit was taking, and without it, it
would render them impotent because there was no communication. There
were no radios during the Civil War, so capturing the flag meant
everything; not only was it symbolic, but it had a huge purpose in
determining what that unit could, would, or would not do.
Although recommended to receive the award by the commanding general,
according to the National Archives and Records Administration, Private
Sipe, however, never received the Medal of Honor.
In a process that has spanned more than a decade, Private Sipe's only
living relative--his great-grandson Reuben Troutman of Mechanicsburg,
Pennsylvania--has worked with our office and the office of my
predecessors to ensure that Private Sipe was given fair consideration
for the Medal of Honor for which he was recommended.
Unfortunately, the Department of Defense determined this year that a
lack of existing evidence precludes the award of the Medal of Honor for
Private Sipe's bravery and service. Private Sipe's heroism warrants
recognition, nonetheless.
Additionally, Reuben Troutman has dedicated an extensive amount of
time over many years in researching his great-grandfather's
contribution at the Battle of Fort Stedman, and he has worked
diligently and tirelessly to bring to light historical facts of Private
Sipe's military record.
I commend Reuben for his attention to detail, persistence, tenacity,
and zeal in seeking to honor his family heritage and for a valiant
attempt at obtaining recognition for his great-grandfather's honorable
and courageous service during the Civil War.
As a proud servicemember myself and as a combat veteran and on behalf
of the millions of other uniformed personnel who have served after him,
I thank not only Private Sipe, but also Mr. Troutman, for their
selfless service and dedication to our Nation.
____________________
{time} 1030
HUMAN DIGNITY FOR ALL
The SPEAKER pro tempore. The Chair recognizes the gentlewoman from
Texas (Ms. Jackson Lee) for 5 minutes.
Ms. JACKSON LEE. Mr. Speaker, in this season of reflection for many
across the Nation, I will take a moment, first of all, to speak to my
constituent Zeph to remind him that I have always supported the human
dignity of all persons, and I will never fail to do so. I thank him for
his warm embrace of those values and our commitment that we will
continue to work together, which brings me to my concern of an ailing
American who has continuously been held in Cuba.
I ask today on the floor of the House for the leadership of this
government to continue to work diligently in the efforts to return Alan
Gross to his family. I hope that we will join together, Republicans and
Democrats, to work for his release and his return. I would note, Mr.
Speaker, that I do not speak of the conditions of such, the reasons for
such; just an American who is in failing health whom we need to work to
bring home.
I think that is the kind of spirit of mercy that I would like to
continue to speak of as we try to work our way through the
understanding of the President's action on the executive order
regarding immigration. It follows the directive of the Speaker of the
House, who said:
A comprehensive approach to immigration reform is long
overdue; and I am confident that the President, myself, and
others can find the common ground to take care of this issue
once and for all.
Spoken by Speaker Boehner in 2012.
Now, as we approach the new year, 2015, 3 years later, there has not
been one vote on the floor of the House to bring mercy or relief to
those who have been languishing in the shadows--not opening the
borders, Mr. Speaker, but to really provide a framework for those who
are here in the United States, almost as if there was a temporary
pardon.
This is not, as the Judiciary Committee pounded over and over again
yesterday, a change in the law. This is a work within the confines of
the law under article II executive powers of the President and the
language to take care. It is actually a recognition to frame, if you
will, the interpretation that is given to laws of the land--might I
say, civil laws as well. Because in a civil law, there is punishment;
under immigration laws, you can be deported, a civil penalty.
So the President has said, in an executive order narrowly confined
and reviewed by legal counsel and constitutional experts, supported by
136 scholars, that said that the President is within his rights to stop
deportation of store owners and childcare workers and high-tech
workers, and particularly the parents of children who are, in fact,
citizen children of legal permanent residents.
It is important for the American people to understand, there is no
illegality
[[Page 16454]]
here. There is no runaway Presidency here. There is an understanding
that those who have status--not immigration status, not pathway to
citizenship, but a temporary reprieve--almost like a pardon, yet it is
more temporary, those children who have been deferred, all he did was
to say that it should be 3 years and not 2 years. He has asked that the
ICE officers be made, if you will, equal to other Federal law
enforcement officers. I celebrate that. That is exciting.
Let me quickly say this, Mr. Speaker. I want to travel in the pathway
of Reverend Dr. Sharon Stanley-Rea about immigration reform. Her words
are, as I paraphrase them: We should choose our values for people over
politics, community safety over partisan strategies, family unity and
welcome over fear of foreigners, and humanitarian compassion for
children and families above rhetoric and rancor.
Let me finally, Mr. Speaker, say that I want to, again, as I move to
another topic, thank and compliment the protesters that were peaceful
regarding the issue of Ferguson. I ask for people to understand these
young people. I went out in Houston in the march and applauded them for
the peacefulness of their protests. Now they are asking for us as
legislators and policymakers to make a difference in their lives. I
publicly say on the floor of the House they will not be forgotten.
I want AJ to know, who is an intern in my office from St. Louis, shot
in gang fights, that he will not be forgotten. The work that he is
doing will be remembered.
I ask the National Association of Chiefs of Police to join us in a
discussion on how we best walk through these concerns. There are many
legislative initiatives, but it has to be a combination of law
enforcement, policymakers, civil rights leaders.
And to our police unions, let me say there are none of us that have
not worked and stood alongside of you.
I want to say in closing, Mr. Speaker, on H.R. 5550, that I hope my
colleagues will join me in making sure that funding is not used by
local communities through their various traffic stops to fund their
communities.
Let's make a difference on Ferguson, Mr. Speaker.
____________________
IMMIGRATION
The SPEAKER pro tempore. The Chair recognizes the gentleman from
North Carolina (Mr. Holding) for 5 minutes.
Mr. HOLDING. Mr. Speaker, the issue is no longer whether Congress and
the President can agree on immigration policy. The question is: Does a
President have the power to alter our Nation's laws without passing new
statutes?
Throughout the history of this great country, since the time of our
Founding Fathers, the answer to this question has been ``no.'' Yet
President Obama struck a blow to the system of checks and balances that
has been at the heart of our government and our Constitution for over
200 years.
The constitutionality of the President's actions are in question as
the President has said time and time again that he does not have the
constitutional authority to change our Nation's immigration laws on his
own. From 2008 up to this August, at least 22 times the President has
said that he couldn't ignore the laws on the books or create his own
immigration laws.
In 2011, the President said: ``America is a nation of laws, which
means I, as the President, am obligated to enforce the law. I don't
have a choice about that. That's part of my job.
``We've got three branches of government. Congress passes the law.
The executive branch's job is to enforce and implement those laws. And
then the judiciary has to interpret the laws. There are enough laws on
the books by Congress that are very clear in terms of how we have to
enforce our immigration system that for me to simply, through executive
order, ignore those congressional mandates would not conform with my
appropriate role as President.''
Very well spoken, President Obama, the constitutional scholar that he
is.
Mr. Speaker, this is the framework of our Nation's system of checks
and balances. The Constitution is clear. It is clear that it is
Congress' duty to write the laws, and it is the President's
responsibility to enforce them.
While law enforcement agencies do have the inherent power to exercise
prosecutorial discretion, the authority as to whether to enforce or not
enforce the law against particular individuals, this power must be used
judiciously and isn't an invitation to violate or ignore a law in its
entirety. By granting amnesty to 5 million illegal immigrants, this
administration has crossed the line from any justifiable use of its
executive authority to a failure to faithfully execute the laws.
Mr. Speaker, whether you are a Democrat or a Republican, whether you
agree or disagree with the President's policy on illegal immigrants and
immigration, you cannot agree with the President's actions. No one is
vested with the power to be both President and legislator.
____________________
INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Texas (Mr. Al Green) for 5 minutes.
Mr. AL GREEN of Texas. Mr. Speaker, I rise today to say thank you to
the many persons who serve in law enforcement. They have difficult
jobs, and they do their jobs well. I salute them.
I also salute the many persons who have been engaged in peaceful
protests. What they have been attempting to do, I support. A peaceful
protest is the best protest. Peaceful protests can make a difference in
the lives of people. I know, because I stand here today because of
peaceful protests.
I would like to continue what I started on yesterday, when I
indicated that I would give a response today to a query that was made
on Morning Joe. And I want my colleagues to know that I don't believe
the query was made with malice aforethought. I think it was a genuine
expression of concern. While intonations and expressions may connote
otherwise to some, I believe that this is a question that should have
been asked and that needs to be answered.
The question was: What is wrong with these people?--meaning three
Members of Congress. What is wrong with these people that they would
come to the well of the House of Representatives and they would hold
their hands up? What is wrong with them?
Here is the answer, my dear brother: the same thing that was wrong
with the Pilgrims and caused them to come to Plymouth Rock; the same
thing that caused persons to throw tea into the Boston Harbor; the same
thing that caused farmers to traverse the country on tractors and come
to the United States Capitol to protest; the same thing that caused
Rosa Parks to take a seat on a bus against the law; the same thing that
caused Dr. King to march from Selma to Montgomery; the same thing that
caused them to cross the Edmund Pettus Bridge on what is known as
Bloody Sunday.
What is wrong with these people? They refuse to accept injustice. I
refuse to accept injustice. What happened in Ferguson was an injustice.
I refuse to accept injustice. Injustice anywhere is still a threat to
justice everywhere. Dr. King was right. Injustice in Ferguson is a
threat to justice in Houston, a threat to justice in Boston. Injustice
anywhere is still a threat to justice everywhere.
And so I will continue to hold my hands up. I will continue to
support those who engage in peaceful protest. Because holding one's
hands up is an indication that you don't have anything that will be
harmful, an indication that you are willing to move freely and give an
opinion about something that you believe to be important. I think that
this will symbolize a movement that will metamorphose far beyond the
initial reason for it being developed. I am absolutely convinced that
this will not eviscerate, this will not evaporate, that it is not going
to go away. It is going to become part of the protest movement.
I also want to note that what happened with the Rams players was a
seminal moment, and I want to legitimize what they did. I have already
said
[[Page 16455]]
that I will have flags flown over the Capitol of the United States of
America in each person's name.
Somebody is going to say, well, what about the people who may have
committed a crime? Washington wasn't perfect, but we honored him.
Jefferson wasn't perfect; we honor him. I am going to honor them for
what they did at that seminal moment, just as I believe John Carlos and
Tommie Smith should be honored for what they did when they held their
hands up, indicating that they were protesting at the Olympics in '68.
So I, Mr. Speaker, am honored to have this opportunity today to
indicate to the world, finally, that Dr. King was right when he said
the truest measure of the person is not where the person stands in
times of comfort and convenience, when everybody is patting you on the
back, when everybody loves you, all your bills are paid, when things
couldn't be better. The truest measure of the person is not where you
stand in times of comfort and convenience. The truest measure of the
person is where do you stand in times of challenge and controversy,
when people are throwing the slings and arrows of life at you because
you took a simple stand against injustice.
And it was injustice. I can explain it. I regret that I wasn't
invited on the program to give my point of view. So I had to take to
the floor of the House of Representatives to give what I would have
given, if given the opportunity.
God bless you, Mr. Speaker.
____________________
THE 2015 NATIONAL DEFENSE AUTHORIZATION ACT
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Texas (Mr. Carter) for 5 minutes.
Mr. CARTER. Mr. Speaker, I rise in support of the 2015 National
Defense Authorization Act this House will consider later this week.
I am very proud to represent Fort Hood, the largest military base in
the world. On November 5, 2009, 5 years ago, our community suffered an
unthinkable tragedy when a radicalized Islamic extremist named Nidal
Hassan opened fire on Fort Hood and fatally shot 15 men and women and 1
unborn child.
{time} 1045
More than 30 others were wounded that day. Hasan's radicalization was
well known to the FBI and the DOD as early as 2005. Hasan plotted with
the known terrorist Anwar al-Awlaki, and he expressed his radical views
to his classmates. This administration dismissed these concerns in the
name of political correctness.
Five years ago the President promised to take care of the victims of
this shooting, but shortly thereafter, he turned his back on them and
declared the attack to be workplace violence. These victims and their
families are still waiting for justice. Our communities have suffered
long enough in the name of political correctness.
I am very proud that my colleagues in the House and Senator Cornyn
and Senator Cruz have not dropped the ball. We have stood for the Fort
Hood community and the victims of this terrorist act even as the
President failed to act. The House and Senate have agreed on this
legislation that will allow these heroes to receive Purple Hearts and
make them eligible for the benefits they deserve. The victims and their
families will soon receive justice and closure. I am proud to support
this legislation.
Mr. Speaker, I would like to yield to the gentleman from Texas, Roger
Williams, my strong partner in this effort.
Mr. WILLIAMS. Mr. Speaker, I want to thank my colleague, Congressman
John Carter, for his words, but, more importantly, for the many years
of hard work he has put forth to care for the soldiers at Fort Hood.
Mr. Speaker, the 2009 terrorist attack at Fort Hood was an
unthinkable tragedy. At that time it was the only story the news
reported for days. Who was this murderer? Why did he do it? Could there
be more like him? Are our other military installations at increased
risk of this type of attack too? How did we not see this coming?
After the attacks on September 11 we asked these same questions. That
is the difference between workplace violence and a terrorist attack.
The Fort Hood shooter was not a disgruntled employee who took his anger
out on his colleagues. He was a hate-filled, vengeful Islamic extremist
who intentionally planned the horrendous terrorist attack and carried
it out with no remorse.
Islamic extremists like him want us to fear them every single day.
They want to hit us where it hurts--by taking innocent American lives
and waging war on our military members. They have zero regard for human
life--not even their own. That is why our response to terrorist attacks
on American soil must be consistently tough, precise, and without
hesitation.
At the memorial service honoring the lives of 13 Americans and one
unborn, President Obama pledged to take care of those who were injured
and the families of those killed. Yet 5 years later he has completely
neglected them. Because President Obama designated the attack workplace
violence, these men and women are not eligible to receive the benefits,
treatment, and compensation that combat troops killed and injured in
combat zones receive.
This negligence has caused many injured victims to have to pay their
own out-of-pocket expenses for treatment, costing some hundreds of
thousands of dollars. One victim was pulled off Active Duty. Her
paycheck went from $1,400 a month to $200 a month, and she lost her
military health insurance. Others scrape by on disability payments but
still have to pay the remainder of their medical bills from their own
pocket. My friend Sergeant Alonso Lunsford was shot seven times but was
turned away when he tried to check into an Army PTSD clinic due to the
fact that he was not injured in combat.
This is not my definition of taking care of our Nation's heroes.
However, the National Defense Authorization Act gives the Obama
administration yet another opportunity to honor his pledge to provide
for these men and women who were victims of terrorism.
This bicameral, bipartisan bill provides authorization for awarding
the Purple Heart to members of the Armed Forces killed or wounded in a
domestic attack inspired by a foreign terrorist organization. This is a
commonsense solution that should have happened immediately following
the attack at Fort Hood.
I want to thank Chairman McKeon and again Congressman Carter for
their tireless work on behalf of their troops, and the many of my Texas
colleagues who have joined the fight to restore justice. Just as we
united as a country after these senseless attacks, let's once again
unite as Americans to fight for the truth and honor of our fallen and
demand justice for the victims of terrorism. In God we trust.
____________________
WAR POWERS OF CONGRESS AND THE PRESIDENT
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Washington (Mr. McDermott) for 5 minutes.
Mr. McDERMOTT. Mr. Speaker, I want to begin by associating myself
with the remarks of my colleague, Mr. McGovern.
It is difficult to fathom the daunting array of foreign policy
challenges President Obama has had to weather since the start of his
administration, challenges which are not the result of any misjudgment
on his part.
Few modern leaders have had to contend with such an assortment of
diverse global challenges, and the President deserves immense credit,
which he rarely receives, for confronting them judiciously.
At nearly every turn, the 44th President has boldly promoted a global
vision of peace and security defined by negotiation with allies and
adversaries alike. The President's tenacious pursuit of a diplomatic
solution to the Iranian nuclear program is the hallmark of that
doctrine. Moreover, he has held fast to these principles in the face of
Republican and even some Democrat charges of weakness, arrogance, and
treachery.
I admire the President and appreciate what an unenviable position he
is
[[Page 16456]]
faced with in Iraq. However, like Mr. McGovern, I am alarmed by the
recent developments in what is becoming, in my mind, a full-fledged
military campaign in Iraq. The situation in Iraq may be difficult, but
that excuse does not merit the President's overreliance on war powers
and the two outdated authorizations for use of force. When it comes to
war and peace, the authority remains firmly with this body, the United
States Congress.
Last month we heard that the White House planned to double the number
of troops in Iraq, bringing the total to 3,000, despite the President's
own promise not to put U.S. troops on the ground. On Monday another 250
paratroopers were called up from the 82nd Airborne for service in Iraq,
and Congress is poised to give the President his $5.6 billion request
to combat ISIS with virtually no debate scheduled on this House floor.
Mr. Speaker, I rise to implore the President to come to Congress and
explain his strategy for this new campaign in Iraq. Even the last
President, who was far less sensible, sought congressional authority.
It is in President Obama's best interest to address not just those
relevant committees apt to grant him the legal leeway the White House
weakly asserts but all 435 Members who have congressional authority and
constitutional authority to send our Nation's sons and daughters to
war.
The President must tread carefully going forward, and not just
because our recent military history in Iraq is poor but also because he
now faces a Republican Congress. Those recklessly clamoring for greater
military involvement against ISIS would like nothing more than to blame
what could easily become a wider conflict, likely doomed to fail,
squarely on the President's head. I trust this President, and I have
faith that he will make the decisions in the best interest of the
American people, as he understands them.
Let me be clear: it is in the American people's best interest for the
President to ask the people's representatives--us in the House of
Representatives--for a proper authorization for the use of military
force. Then John Boehner should lead the debate on such an
authorization--a debate at great length and with complete transparency,
not behind closed doors, not in committees, not somewhere in conference
reports, but out here on the floor in front of the American people.
Mr. Speaker, we have wandered down this road in Iraq before with a
far less thoughtful President. What our goal was in Iraq is long since
lost. Whatever President Bush said it was, it never turned out to be
what we were there about. And here we are doing the same thing again,
unfortunately. It is time we learned from our mistakes and that we, as
Members of Congress, take responsibility for sending our people over
there to die. There will be deaths, make no mistake about it. Generals
have already said if we go over there a little bit, we are going to be
there for the next 2 years. It is time for us to vote on this issue
after a lengthy debate.
____________________
NANNY STATE LUNCHES
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Texas (Mr. Poe) for 5 minutes.
Mr. POE of Texas. Mr. Speaker, the Federal food police are whipping
up their latest batch of distasteful government regulations. With a
government fist around an iron spatula, the Federal Government has
become the new Mr. Bumble from the book ``Oliver Twist.''
The food police have placed unhealthy and illogical regulations on
menus for government school lunches across the fruited plain. This is
just more unneeded, unnecessary, and unwarranted Federal Government
invasion of what school kids eat. The Federal Government now is trying
to raise America's children.
In an effort to control, dictate, and give children a nanny state
society, school lunches have gotten watered down to a skimpy new low.
After strict portion control and outlandish so-called nutrition
standards, school lunches have become as exciting as detention. The
food is unappealing and lacking in nutrition.
So what have students done? They have taken their frustrations to
Twitter, taking photos of government-dictated school lunches. An
Oklahoma school student tweeted a picture of a few chicken nuggets, a
half an apple, and a piece of bread, complaining, ``Thanks for the
fulfilling lunch.'' More and more students are catching on, saying
sarcastically, ``I will be full for days,'' and ``Thanks for the
delicious lunch, sure was filling.''
A parent eating lunch with their child at school was stunned after
seeing the lunch portions. And here she took a photograph of the lunch.
Here it is. And she said correctly, ``This is sad.'' Here you have a
little condiment package. Here you have a bun with a something in
between, and then you have a half a fruit over on the other side. Isn't
this a lovely lunch? If a parent had anything to do with this, the
Federal Government would probably accuse them of child neglect.
There is a 350-calorie limit in place for entrees. So that means
taking two packets of ketchup or mayonnaise would put the student over
the allowed limit. Kids find themselves in an ``Oliver Twist''
situation with the workhouse headmaster, Mr. Bumble, and having to
fearfully ask, ``More please, sir?'' And of course just like in the
book, the answer is a loud ``No.''
Kids need the energy to learn, to pay attention, and to focus. That
energy comes from food. The cafeteria takeover by the Federal
Government is leaving students--believe it or not--hungry.
How can we expect children operating on a lunch of no more than 350
calories to make it through the day? What about athletes and
afterschool programs? Whether the student plays football or plays an
instrument in the marching band, a dinky lunch just won't cut it.
Meghan Hellrood, a student at D.C. Everest High School in Wisconsin,
is protesting the required ``healthy'' lunches by promising other
students unlimited condiments that she herself will bring to school.
Now, I wonder if the Federal Government will charge her with smuggling
the forbidden condiments. Who knows?
Students all over the United States have started to speak out.
Pictures of a lunch with two pieces of cauliflower, some ham, and a
piece of cheese have surfaced, or three cherry tomatoes, skim milk, and
some cheesy bread. This sounds more like the tasteless gruel Oliver
Twist was served in the book ``Oliver Twist.''
Kids who buy their lunch but opt out of the side of fruits or
vegetables are still charged for the whole meal, resulting in wasted
food. There has been an 84 percent increase in wasted school lunches
that are just thrown in the trash.
These regulations just aren't working. So what is next? Is the
government going to force-feed kids who don't eat the government food
lunches? The level of Federal Government intrusion is foolish, and it
seems to be arrogant.
The time is now to protect schools from Mr. Bumble bureaucrats.
Interestingly enough, some of the bureaucrats in Washington making the
rules for government schools send their kids to private schools, which
are not under the same absurd food regulations.
Mere calorie counting is not a viable healthy option. More physical
activities in schools may be needed. In any event, it is the duty and
responsibility of parents and local schools to decide what their kids
eat in school, not the nanny, Mr. Bumble, and the bureaucrats in
Washington.
Parents should raise their kids, not the Federal Government. Federal
food police don't belong in a local school cafeteria.
And that is just the way it is.
____________________
{time} 1100
THE GAS TAX
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Oregon (Mr. Blumenauer) for 5 minutes.
Mr. BLUMENAUER. Mr. Speaker, 1 year ago today, I introduced the first
gas tax increase in over 20 years. I was
[[Page 16457]]
joined by a broad coalition in announcing the bill, supported by the
AFL-CIO, the U.S. Chamber of Commerce, building and construction
industries and their unions, local governments, AAA and the truckers,
environmentalists, transit, and cyclists. It was gratifying to have
that broad base of support. One year later, the only thing that has
changed is that the need, if anything, is greater and the path forward
is even easier.
I just completed a press conference with my good friend Tom Petri and
with President Ronald Reagan. President Reagan, in 1982, in his
Thanksgiving Day radio address, explained why we needed to raise the
gas tax.
He said: ``One of our greatest material blessings is the outstanding
network of roads and highways that spreads across this great continent.
Freedom of travel and the romance of the road are vital parts of our
heritage, and they help make America great.
``We simply cannot allow this magnificent system to deteriorate
beyond repair. The time has come to preserve what Americans spent so
much time and effort to create, and that means a nationwide
conservation effort in the best sense of the word.
``So I am asking Congress when it reconvenes next week to approve a
new highway program that will enable us to complete construction of the
interstate system and at the same time get on with the job of
renovating existing highways. The program will not increase the Federal
deficit or add to the taxes that you and I pay on April 15. It will be
paid for by those of us who use the system, and it will cost the
average car owner only about $30 a year. That is less than the cost of
a couple of shock absorbers.
``So what we are proposing is to add the equivalent of 5 cents a
gallon to the existing highway user fee, the gas tax, which hasn't been
increased in the last 23 years. The cost to the average motorist will
be small, but the benefit to our transportation system will be immense.
The program will stimulate 170,000 jobs, not make-work projects, but in
real, worthwhile work in hard-hit construction industries, and an
additional 150,000 jobs in related industries.
``Perhaps most important, we will be preserving for future
generations of Americans a highway system that has long been the envy
of the world and has truly made the average American driver king of the
road.
``Thanks for listening, and until next time, God bless you.''
That is a speech that could be given by any of us or by President
Obama--and should be. Congress did return after that holiday, and
President Reagan and Tip O'Neill more than doubled the gas tax. What
has not changed is that we haven't raised the gas tax in 22 years. It
costs the average family $377 per year in damage to their cars.
If we increase the gas tax according to my proposal, H.R. 3636, it
won't create 300,000 jobs; it will create 1.5 million family-wage jobs
across the country.
Mr. Speaker, I understand people don't like the gas tax. I don't like
the gas tax. I want to raise it, index it, and then abolish it and
replace it with something that is sustainable. But in the meantime,
raising the gas tax is the only viable approach, as verified by two
Presidential commissions that reported to President Bush.
We have been asleep at the switch. It is time for us to step up. At a
time of dramatically falling gas prices--23 cents on average in the
last month, and they are projected to continue going down--now is the
perfect time to step up, to raise the gas tax slowly over the next 3
years, rebuild and renew America, put family-wage jobs across the
spectrum, and make our communities more livable, our families safer,
healthier, and more economically secure.
All it takes is a little leadership and courage. Like Ronald Reagan
and Tip O'Neill did 32 years ago, I think we can do that now, and we
should.
____________________
RANGER CHAPLAIN
The SPEAKER pro tempore (Mr. Poe of Texas). The Chair recognizes the
gentleman from Georgia (Mr. Collins) for 5 minutes.
Mr. COLLINS of Georgia. Mr. Speaker, I rise today to speak on
something very dear to my heart. The duty of a military chaplain is to
help guide the hearts and minds of the soldiers that he serves with or
she serves with, and that comes from a perspective of a background of
their own faith, but also the respect of the faiths of others that they
serve with, making sure that all feel a responsibility to not only do
their job, their mission, but also to themselves, that they are being
all that they can be in their own careers, in their own missions.
But just again, here we go again, as the old saying goes. Recently,
in my district, an Army chaplain gave a suicide awareness and
prevention brief as required by the Army and received a letter of
concern in his official record. A letter of concern is a means to
admonish a soldier's actions.
The chaplain did not infringe upon anyone's rights, did not receive
any complaints from anyone being briefed that day; but after the
chaplain's actions were reviewed, he was considered to have not
violated any Army regulation or policy, yet his negative counseling
remains, simply because at a time in which our society is dealing with
soldiers and airmen who are struggling with depression and struggling
with suicide rates, he had the audacity to share his own experience
with depression and how his faith helped him.
What is a chaplain supposed to do except to share from his own heart
in a way that is encouraging to others whether they have faith or no
faith? I hope--no, I pray--this counseling record will reflect soon his
innocence.
The Military Association of Atheists & Freethinkers decided to
characterize the chaplain's briefing as evangelism in mental health
training. The MAAF goes on to say that receiving Christian doctrine as
a way to combat depression and suicidal thoughts would increase the
amount of suicides in the military. This statement belittles the belief
of soldiers who feel their faith may help them through difficult and
troubling times.
Apparently, the MAAF feel only their systems of beliefs are worth
propagating and any others are irrelevant, if not damaging, to a
soldier's emotional health.
As a military chaplain, all I have to say to the MAAF is that if it
protects and helps someone value life, keep their own life, then what
they need to do is be reminded that they have an opinion, and so does
everyone else.
It is time that they lived up to their own thoughts, that thoughts
matter, and that what this chaplain did should be reversed. It should
not reflect on his record. When you have someone actually in the game
trying to help, it is not the time for little people on the outside to
criticize. They need to get a new direction and a new focus, and this
chaplain needs to be restored and this letter removed.
____________________
MESSAGE FROM THE SENATE
A message from the Senate by Ms. Curtis, one of its clerks, announced
that the Senate has passed without amendment a bill of the House of the
following title:
H.R. 4924. An act to direct the Secretary of the Interior
to enter into the Big Sandy River-Planet Ranch Water Rights
Settlement Agreement and the Hualapai Tribe Bill Williams
River Water Rights Settlement Agreement, to provide for the
lease of certain land located within Planet Ranch on the Bill
Williams River in the State of Arizona to benefit the Lower
Colorado River Multi-Species Conservation Program, and to
provide for the settlement of specific water rights claims in
the Bill Williams River watershed in the State of Arizona.
The message also announced that the Senate has passed a bill of the
following title in which the concurrence of the House is requested:
S. 2917. An act to expand the program of priority review to
encourage treatments for tropical diseases.
____________________
SUPPORTING THE ABLE ACT
The SPEAKER pro tempore. The Chair recognizes the gentleman from
North Dakota (Mr. Cramer) for 5 minutes.
Mr. CRAMER. Mr. Speaker, my intention this morning was to get up and
[[Page 16458]]
try to be eloquent when talking about the ABLE Act, Achieving a Better
Life Experience, which we will vote on later today, but since
yesterday, I have received four emails from parents in North Dakota
whose words are far more eloquent than mine could ever be.
I will submit all of their words into the Record, but I want to share
a few of the highlights from these important emails from my
constituents.
Roxane Romanick writes:
How exciting that we are at this point where the dreams of
the act passing may come true in the next days.
After writing a bit about the legislation itself, she writes this
about her 15-year-old daughter, Elizabeth:
Due to her diagnosis of Down syndrome, she has the support
of an individual education plan at school. The school will
start working on a transition plan for her within a few
months. Passage of the ABLE Act will mean that we can start a
savings account for her in much the same way that we did for
her brother.
Jamie Christensen writes:
Every parent of a child with special needs has a unique
journey, but one thing is universal. We try to do the best we
can to ensure a life well-lived for our child. Our unique
journeys have another similarity--many of us agonize about
the future.
She talks about their journey with their 7-year-old son, Grady, who
has crystal blue eyes and a full head of hair. She writes:
Like many families, we want to care for our children
equally, doing what we can to give them tools to help them
reach their full potential. Shortly after Grady was born, I
opened a 529 College SAVE account for Grady's big sister. It
was then that I realized I had no idea how to plan for
Grady's future. The ABLE Act is a huge step forward in easing
this anxiety.
Aaron and Rachel Schuler from Bismarck, who I know very well, have a
4-year-old daughter, Ella. Actually, Ella will turn 4 years old on
Christmas Eve. Ella has two siblings, Isaac and Clara. They talk about
Ella with great hope. They write:
She will be a crazy teenager, graduate and go to college,
work a full-time job and have a real, meaningful
relationship. We believe this for her. That is what makes the
ABLE Act so important to Ella and to people all over our
great country. It will help her reach and fulfill the goals
she desires.
How awesome.
And just while I have been sitting here in the Chamber, Marijo
Schwengler of Fargo writes about their journey, about their 2-year-old
son, David, one of four sons, who is diagnosed with Down syndrome. She
writes:
I pray that seven weekly therapy appointments with an early
intervention teacher, physical therapist, occupational
therapist, and speech therapist will help him be the best
that he can be. We dream big for David. Why shouldn't we?
Indeed, why shouldn't they? But she cites this fact:
David must remain ``poor'' in order to receive the services
he needs. The ABLE Act would mean that we could start saving
for David's future today.
What an awesome promise that is.
My words would be inadequate, Mr. Speaker, but I submit these and the
extended comments in these emails that I received in the last two days
on behalf of Elizabeth and Grady and Ella and David and their peers,
the thousands and thousands of families around our country who, in many
respects, have a bias against them because they are disabled or have
disabled children.
The ABLE Act that we will vote on this afternoon, Achieving a Better
Life Experience Act, will go a long ways toward leveling that playing
field, improving their lives, and improving the lives of our entire
country.
Designer Genes,
A Down Syndrome Support Network,
December 2, 2014.
Hon. Kevin Cramer,
Washington, DC.
Dear Rep. Cramer: Many thanks to you and everyone in your
office for all of the work that you've done on the Achieving
a Better Life Experience (ABLE) Act. How exciting that we are
at this point where the dreams of the act passing may come
true in the next days.
As you know, Designer Genes of North Dakota has been
actively following the progress of the ABLE Act with many of
our other Down syndrome association partners across the
country. We believe that the opportunities that the ABLE Act
affords to our individuals with Down syndrome will make a
world of difference to their futures.
Last spring, my own daughter, Elizabeth, turned 15. Due to
her diagnosis of Down syndrome, she has the support of an
Individual Education Plan at school. Required by law, the
school will start working on a transition plan for her within
a few short months. Passage of the ABLE Act will mean that we
can start a savings account for her in much the same way that
we did for her brother. For too long we've treated
individuals with significant disabilities with an
institutional bias meaning that their need for support and
care is based on old history of requiring
institutionalization which included extreme poverty. Since
birth, Elizabeth has had the opportunities afforded to her by
the Individuals with Disabilities Education Act and the
Americans with Disabilities Act and has been fully included
in her community. These two laws establish support without
impoverishment and help to equal the playing field for
persons with disabilities. The ABLE Act will now do the same
because it recognizes that needing support is inherent to
persons with disabilities but does not require that they
should live a life without realizing their hope and dreams.
Elizabeth is a go-getter. Every day she has a new dream and
just yesterday she was googling recording equipment on the
internet because she's decided she wants to own a recording
studio. I have no idea where this dream has come from but
it's very real. She's convinced she's moving out of the house
when she's 18 and heading to college. I wish with all my
might that the dream will come true for her (well maybe not
the moving out of the house part). These dreams come because
every day she walks, learns, and belongs beside her peers at
Century High School, because someone fought for her right to
do so.
Thank you for your work on this effort, Rep. Cramer!
Roxane Romanick.
____
Every parent of a child with special needs has a unique
journey, but one thing is universal. We try to do the best we
can to ensure a life well-lived for our child. Our unique
journeys have another similarity--many of us agonize about
the future.
Our journey includes being blessed seven years ago with a
beautiful baby boy with crystal blue eyes and a massive
amount of blonde hair. His name is Grady and he has Down
syndrome. Like many families, we want to care for our
children equally, doing what we can to give them tools to
help them reach their full potential. Shortly after Grady was
born, I opened a 529 College SAVE account for Grady's big
sister. It was then that I realized I had no idea how to plan
for Grady's future.
After attending informational sessions, agonizing over it
and meeting with a lawyer, we learned that we really had
little to no options to help ensure a life well-lived for
Grady. A few years later I lost my dad who was just 56, and
my anxiety heightened. Just what would Grady's future look
like if my husband and I died?
The ABLE Act is a huge step forward in easing this anxiety.
It comes down to simple things, like making sure there is
enough money for things like his over-the-counter allergy
medicine and expensive lotion that are not covered by
insurance, and assistive technology if communication
continues to be a struggle for him into adulthood. And it
means really big things, too, such as allowing us to dream
about a future that could include college, work and
independence. This dream just became more real because we now
have a vehicle to save for supports such as education,
housing, a job coach and transportation.
And specifically for Grady, it allows him some of the same
rights and opportunities to work and save for his own future,
just like the rest of his peers. Doing so will help him to
reach his full potential, ensuring a life well-lived that all
parents want for their children.
Jamie Christensen.
____
Our daughter Ella was born on Christmas Eve just about 4
years ago. Her birth was both shocking and confusing as she
was born with Down Syndrome. Quickly we began to realize what
a blessing she is through her smile, laugh, and genuine love
for others. While we understand that Ella's life will carry
certain hardships, we know that she is an absolute gift and
bright light to this entire world. Our lives have been fully
enriched by Ella and we plan to give her every opportunity to
grow and chase her dreams. She will be a crazy teenager,
graduate and go to college, work a full-time job, and have
real meaningful relationship. We believe this for her.
That is what makes the ABLE Act so important to Ella and to
people all over our great country. Our goal from the
beginning is to provide every opportunity for Ella. The ABLE
Act will help her to reach and fulfill the goals she desires
to do. We must do everything we can to protect the benefits
Ella and others with Down Syndrome will receive, while giving
them every opportunity in life.
Aaron Schuler.
____
Last night at supper table, I told my family of 6, I am
going to write a letter of support for the ABLE Act. They
asked why so I
[[Page 16459]]
told them. Without even considering that David's disability
may limit his workability, my 8 and 10 year olds replied,
``Well mom, if David can't save his own money when he is
older [he is 2 years old now], can't he just give us his
money and then we can save it for him. And when he needs his
money we can give it back to him?'' Hmmmm. . . .
My name is Marijo Schwengler and I am mom of 4 wonderful
boys ages 10, 8, 5, and 2. My youngest son David has Down
syndrome. My husband and I were not expecting this diagnosis
and we were not prepared. At first, we cried and mourned the
loss of the dreams we had had for him. We did not understand
what it means to have Down syndrome. We worried about how we
would tell his older brothers. I worried about my older sons
hating me because we have now burdened them with a `special
needs' brother. As scared as we were we promised to love
David and give him the best of everything just like his older
brothers.
In the days, weeks, months, following David's birth, we've
learned he was just like our other boys; he just does things
on his schedule. He plays, he wrestles, he cries, he knows
what he likes and doesn't like. He loves books, balls, and
super heroes. He knows over 30 sign language words. And just
like my other children at his age, I do not know where his
cognitive ability will be when he grows up. What I do know is
all individuals with Down syndrome experience some kind of
cognitive delay. I pray that 7 weekly therapy appointments
with an early intervention teacher, physical therapist,
occupational therapist and speech therapist will help him be
the best that he can be. We dream BIG for David! Why
shouldn't we?
My son is young and only time will tell what services and
programs he may or may not need when he is an adult But one
message is clear: David must remain `poor' in order receive
the services. Even if the services may not provide for all
his needs adequately. We can't save for David in the same way
we can for his brothers. We can't teach David to save his
money. As child, I grew up in family that lived paycheck to
paycheck, I promised myself to change that for my kids. I am
in a position to do that but David's little extra chromosome
prevents me from saving in a 529 for him or letting him have
his own little savings account at the local bank
The ABLE Act would mean that we could start saving for
David's future today. We could teach David the importance of
saving We could make sure that David's brothers do not have
to feel financially burdened by the cost of taking care of
their littlest brother The fear of my son's hating me because
of David's Down syndrome was silly, his brothers love him to
pieces and they would do anything for him. David and everyone
with Down syndrome or any other special need deserves the
right to save money for their future. Even my 8 and 10 year
old boys get it! Please pass the ABLE Act.
Marijo, Jason, Jacob, Andrew, Simon and David Schwengler,
Fargo, ND.
____________________
CONGRATULATING ROBERT CASHELL ON HIS RETIREMENT
The SPEAKER pro tempore (Mr. Collins of Georgia). The Chair
recognizes the gentleman from Nevada (Mr. Amodei) for 5 minutes.
Mr. AMODEI. Mr. Speaker, I rise today to commemorate the retirement
of a member of Nevada's public service varsity team, Reno mayor Bob
Cashell. Bob was not a native of Nevada, but like most people in
Nevada, he got there as quick as he could.
He has been there for a long time and has had various titles during
his public service career: chairman of the board of regents of the
university system, Lieutenant Governor of the State of Nevada, and
finally--maybe finally--as the mayor of the city of Reno.
Bob is one of those folks who is blessed with vision that does not
have many shades of gray. It is pretty black and white with the mayor
when you talk to him, whether formally, informally, or whatever.
Words like ``gosh'' and ``gee whiz'' are not used in his vocabulary
much. He possesses an incredible volume to his voice, uses it often,
and is happy to share with you his thoughts.
Bob also has the support of an outstanding family: his wife and
partner in life, Nancy, and his sons. His family has been key in terms
of the fabric of the community of Truckee Meadows in northern Nevada
for half a century or more.
In the resort hospitality industry, Bob was involved with properties,
ownership-management--whatever--in Reno, Winnemucca, Carson City, and
that little town where they do a little bit of the gaming business in
the south known as Las Vegas. He was an outstanding participant in all
of those.
A native of the Lone Star State, we were lucky to have Mayor Cashell
come and make Nevada his home for all of his adult life and raise his
family. Mr. Speaker, I thank Bob Cashell very much for his public
service.
We appreciate it, and I look forward to hopefully being able to speak
about him not here on the floor of the House of Representatives, but in
a roast in the Truckee Meadows some time where I can pay him back for
when he spoke at my roast upon my retirement from the legislature.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess until noon today.
Accordingly (at 11 o'clock and 14 minutes a.m.), the House stood in
recess.
____________________
{time} 1200
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker at noon.
____________________
PRAYER
Reverend Eung Yul David Ryoo, Korean Central Presbyterian Church,
Centreville, Virginia, offered the following prayer:
Merciful God, we give our thanksgiving and praise to You, the triune
God and the Creator of the universe, for offering salvation through
Jesus Christ and guidance through the Holy Spirit.
We pray that humankind would be united in mutual brotherhood under
Your love. We pray for Your blessing upon the United States of America,
so that it would live according to Your Word as one Nation under God.
Bless the Members of the House of Representatives who have gathered
here today. Etch within their hearts a fierce calling towards their
motherland, within their heads the wisdom to complete their tasks with
integrity, and within their lives the courage to sacrifice for the
people of our country.
We pray that all here would experience the glorious joy of serving
this country and its people with all that You have bestowed upon them.
We pray in the name of Jesus.
Amen.
____________________
THE JOURNAL
The SPEAKER. The Chair has examined the Journal of the last day's
proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
Ms. FOXX. Mr. Speaker, pursuant to clause 1, rule I, I demand a vote
on agreeing to the Speaker's approval of the Journal.
The SPEAKER. The question is on the Speaker's approval of the
Journal.
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Ms. FOXX. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER. Pursuant to clause 8, rule XX, further proceedings on
this question will be postponed.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER. Will the gentleman from New Jersey (Mr. Payne) come
forward and lead the House in the Pledge of Allegiance.
Mr. PAYNE led the Pledge of Allegiance as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
WELCOMING REVEREND EUNG YUL DAVID RYOO
The SPEAKER. Without objection, the gentleman from Virginia (Mr.
Connolly) is recognized for 1 minute.
There was no objection.
Mr. CONNOLLY. Mr. Speaker, I am pleased to join you in welcoming our
[[Page 16460]]
pastor, Pastor Ryoo, from the Korean Central Presbyterian Church,
located in Centreville, Virginia, and the 11th Congressional District,
for today's invocation.
This church has been active in our community since it was founded 41
years ago in Vienna. Prior to my election to Congress, I served as
chairman of the Fairfax County Board of Supervisors, where I had the
opportunity to collaborate with the congregation on the construction of
its new sanctuary and on many of its activities throughout our
community.
Within its many outreach ministries, the church founded a senior
center 20 years ago, offering meals, recreation, skills training, and
computerization for our senior population.
Under the direction of Heisung Lee, the center is now independently
run and has been recognized by the Commonwealth of Virginia and the
Republic of Korea as an outstanding volunteer organization.
This and the many other activities of the congregation exemplify the
tremendous contributions the Korean American community are making
throughout the United States.
Mr. Speaker, I am proud to represent one of the most vibrant Korean
American communities in the United States and to continue our
partnership here in Congress as cochair of the Korea Caucus.
I thank you, again, for joining us in welcoming Pastor Ryoo who, I
think, really is emblematic of the success of the immigrant population
in the United States. He represents our future.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore (Mr. Kingston). The Chair will entertain up
to 15 further requests for 1-minute speeches on each side of the aisle.
____________________
ISRAEL
(Ms. FOXX asked and was given permission to address the House for 1
minute.)
Ms. FOXX. Mr. Speaker, today, I rise to acknowledge the special
relationship between the United States and Israel.
This year, we have witnessed yet another ugly chapter in the history
of Israel's enduring fight to defend her sovereign borders and protect
her people from terrorist attacks.
On August 1, Congress approved a measure to deliver an additional
$225 million in aid to Israel, with the aim of replenishing funds for
the Iron Dome antimissile defense system in the midst of the conflict
between Israel and Hamas.
It was absolutely the right thing to do because America's national
security interests are directly tied to developments in the Middle East
and specifically to Israel's own security. Strategic cooperation
between the U.S. and Israel is vital to the well-being of both
countries.
The simple truth is, throughout history, Israel has made numerous
concessions in the pursuit of peace while seeking only the right to
exist. The country is a beacon of democracy in a sea of violence and
hostility, and its ability to function and defend itself against
terrorism is in no small part due to the support from the United
States.
____________________
GAS TAX PRESS CONFERENCE
(Mr. BLUMENAUER asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. BLUMENAUER. Mr. Speaker, 1 year ago today, I introduced the first
gas tax increase in 21 years. The only thing that has changed in that
year is that the need is greater and the path forward is even easier.
Everyone knows that America is falling apart and falling behind while
gas prices have dropped dramatically.
I am joined this afternoon by Ronald Reagan who 32 years ago, on
Thanksgiving, made a powerful radio address, explaining why he more
than doubled the gas tax--actually, a user fee, he pointed out. The
same speech could and should be made by President Obama tomorrow.
I urge you, my colleagues, to join me and Ronald Reagan in fixing the
bankrupt highway trust fund, increasing the gas tax so we can rebuild
and renew America and put hundreds of thousands of people to work at
family-wage jobs all across this great land.
With the need getting worse and gas prices falling, there will never
be a better time. All it takes is a little leadership and courage from
the President and Congress.
____________________
THE ABLE ACT
(Ms. JENKINS asked and was given permission to address the House for
1 minute and to revise and extend her remarks.)
Ms. JENKINS. Mr. Speaker, I rise today in support of the ABLE Act.
I am a cosponsor of this bill because I believe that we need to make
it easier for families with individuals with disabilities to save money
for their care and to not be penalized for doing so. This legislation
also makes an important improvement to 529 plans that will give parents
more control over their children's savings.
It is rare for a bill to gain as much bipartisan support in both the
House and the Senate as the ABLE Act has. This is because advocates for
the ABLE Act have worked tirelessly over the past several years to
ensure that it crosses the finish line.
I am pleased that many of them are here today, and I congratulate
them on their hard work.
____________________
HONORING ENI FALEOMAVAEGA
(Ms. CHU asked and was given permission to address the House for 1
minute.)
Ms. CHU. Mr. Speaker, I rise today to recognize and honor my
colleague and friend, Congressman Eni Faleomavaega of American Samoa.
Eni has served on Capitol Hill for nearly four decades, starting as a
congressional staff member and eventually being elected to Congress for
13 straight terms.
Throughout his distinguished career, Eni has broken many barriers. He
is the first Asian Pacific American ever to chair the Foreign Affairs
Subcommittee on Asia and the Pacific, and he is the longest-serving
Samoan Member of Congress. He is also a Vietnam war veteran; an author;
a musician; and a devoted husband, father, and grandfather.
Over the years, I have had the privilege to work with Eni through the
Congressional Asian Pacific American Caucus, and I have witnessed
firsthand his unwavering commitment to the well-being of his
constituents and to the broader Asian Pacific American community.
Thank you, Eni, for your lifetime of leadership and service. I wish
you all the best.
____________________
IN TRIBUTE TO MARION RAMSEY
(Mr. WOMACK asked and was given permission to address the House for 1
minute.)
Mr. WOMACK. Mr. Speaker, I rise today to acknowledge the retirement
of Marion Ramsey of Rogers, Arkansas, and the closing of her business,
Marion's Donuts, that became part of my daily routine 35 years ago.
The ``doughnut shop,'' as I affectionately called it, was my favorite
place to catch up on the latest city news--oftentimes, just plain ole
gossip--and hear about the aches and pains and the latest trials and
tribulations of those who frequented the establishment over time.
I have taken my boys there since birth, and it was nostalgic for all
three of them to join me last Sunday, her last day of business, for old
times' sake.
The Bible tells us there is a season for everything. I am sad that
the ``season'' has come and gone for Marion's Donuts because, while I
will find another place for my morning coffee, I am not sure how I will
fill the void on the friendships forged down through the years.
Enjoy your retirement, Marion. Your customers are grateful for our
time together.
[[Page 16461]]
____________________
PEARL HARBOR DAY
(Mr. HIGGINS asked and was given permission to address the House for
1 minute.)
Mr. HIGGINS. Mr. Speaker, this Sunday, December 7, is the 73rd
anniversary of the attack on the American naval base at Pearl Harbor.
That day, over 2,000 American soldiers and sailors lost their lives,
and another 1,000 were wounded.
South Buffalo native, Army Corporal Earl Wickett, witnessed the
horrors of that day; fought bravely for this Nation; and was fortunate
to make it back, raise a family, and serve his community as a Buffalo
firefighter. Sadly, Earl passed away this year, but his stories and the
bravery of all of those who served that day must always be remembered.
On Sunday, West Seneca American Legion Post 735 will be among those
recognizing Pearl Harbor Day and honoring the promise to never forget
the sacrifices and service of those who were there on that day.
Today, I join them and others in paying tribute to all of those who
faced the unthinkable at Pearl Harbor, to survivors, like Earl Wickett,
and to the many who never made it back.
____________________
THE ABLE ACT
(Mr. FLEISCHMANN asked and was given permission to address the House
for 1 minute.)
Mr. FLEISCHMANN. Mr. Speaker, I rise in support of the ABLE Act, with
over 380 cosponsors.
It is a wonderful piece of legislation that is going to help American
families, and there is a key provision of this act which is going to
fix a broken problem. I came to Congress to fix broken problems with
commonsense solutions.
Earlier this year, this body, the Senate, and the President passed
the water resources bill, which fundamentally fixed the problem of the
inland waterway trust fund, but it was still underfunded.
I want to thank colleagues on both sides of this House for working
with me--for working hard--to get an industry-supported user fee of 9
cents. What that will mean is that locks like the Chickamauga Lock in
Chattanooga, which is near and dear to our district, and locks all over
this country will now be able to be properly funded in the way in which
they were intended.
Together, we can work hard to fix these problems. I urge the support
of the ABLE Act, and I thank my colleagues for working hard to support
this industry-supported user fee.
____________________
{time} 1215
IMMIGRATION REFORM
(Mr. TONKO asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. TONKO. Mr. Speaker, more than 18 months ago, the Senate passed a
comprehensive and bipartisan immigration bill that would strengthen
neighborhoods across the country, further secure our borders, inject
certainty into our economy, boost our STEM and tech community, create
jobs, protect employers, keep families together, our deficit would be
reduced by nearly $1 trillion, and fix our Nation's broken immigration
system. That was 18 months ago.
More than a year ago, we introduced H.R. 15, the Border Security,
Economic Opportunity, and Immigration Modernization Act, which would
have moved comprehensive immigration reform forward, a debate so far
that has been dominated by partisan politics and obstruction.
All we are asking for is the chance to vote on the bill in this body,
a simple up-or-down vote. That is all we ask. We are running out of
time to act on immigration reform and pass legislation that an
overwhelming majority of Americans have asked the House to approve for
more than a year.
Again, I ask this body to put the interests of the country above
those of party politics and give H.R. 15 the up-or-down vote it truly
deserves.
____________________
McKINNEY, NUMBER 1 SMALL CITY IN AMERICA
(Mr. SAM JOHNSON of Texas asked and was given permission to address
the House for 1 minute and to revise and extend his remarks.)
Mr. SAM JOHNSON of Texas. Mr. Speaker, Money magazine recently ranked
America's best small cities. 781 cities were evaluated. The 35 top-
scoring cities were visited by reporters. And wouldn't you know it,
McKinney, Texas, was ranked number one as the best place in the United
States to live.
It is worth noting that McKinney joined the list in 2008 and has
steadily climbed each year. As Money magazine stated: ``Underlying
McKinney's homey southern charm is a thoroughly modern city. The area
is a hotbed for growth-industry jobs.''
McKinney certainly embodies its motto, ``Unique by Nature.'' It is
both a business-friendly and family-friendly place. And perhaps most
significant, it places emphasis on both preserving history and ensuring
a vibrant future.
I am proud to represent McKinney and the Third District of Texas.
McKinney deserves this honor. It is my privilege to recognize their
outstanding service to the community.
____________________
POLICE BODY CAMERAS
(Mr. PAYNE asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. PAYNE. Mr. Speaker, hands up; don't shoot.
The recent events in Ferguson have brought to light many of the
problems that still exist in our Nation: racial divides, mistrust of
law enforcement, a judicial system that disproportionately incarcerates
black men, and the unfortunate way that we view one another--not as
Americans, but as us versus them.
I am encouraged by President Obama's initiative that will help
purchase body cameras for police departments. This will increase
accountability of law enforcement, and it will protect our officers by
deterring wrongdoing.
I am proud that the two cities in my district, Newark and Jersey
City, are taking the lead to acquire cameras for their police officers,
because members of the community deserve to feel law enforcement is
protecting them and not out to get them; and, in turn, our protectors
deserve to be protected as well. This will be a step in the right
direction.
____________________
TRIBUTE TO AIR FORCE CAPTAIN WILLIAM H. DuBOIS
(Mr. TIPTON asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. TIPTON. Mr. Speaker, I rise today in honor of Air Force Captain
William H. DuBois, whose life was tragically lost in support of
Operation Inherent Resolve on December 1, 2014. Captain DuBois grew up
in New Castle, Colorado.
On Monday, December 1, 2014, Captain DuBois took off from a U.S.
coalition air base for a combat mission in Operation Inherent Resolve,
when the F-16 he was flying began to experience mechanical problems.
Captain DuBois attempted to return to the air base and was unable to
eject before his plane crashed.
Captain DuBois was only 30 years old and was recently married to his
wife, Ashley. The number of lives touched by this courageous young man
are innumerable, and the love and memories he shared with his friends
and family still linger today.
The death of Captain DuBois is an unfortunate reminder of the dangers
our servicemen and -women face every day as they defend our country, as
well as many sacrifices made to protect freedoms and our way of life.
Captain DuBois served his country with great distinction and honor,
something that he always had dreamed of. He will be greatly missed by
his family, friends, and his squadron.
Mr. Speaker, it is an honor to recognize Captain William H. DuBois.
His dedication to our country and the way he selflessly lived his life
serve as an inspiration to a grateful Nation as well as the State of
Colorado.
[[Page 16462]]
____________________
PORT NEGOTIATIONS
(Ms. HAHN asked and was given permission to address the House for 1
minute.)
Ms. HAHN. Mr. Speaker, I rise to acknowledge the hardworking men and
women employed at our west coast ports who are responsible for two-
thirds of our Nation's international trade. Their hard work supports 5
million jobs nationwide and is the lifeblood of our economy.
But they have been working for months without a contract and without
knowing what the future holds for them. Contract negotiations are
ongoing, and I encourage both sides to stay at the table. Failure to
resolve their differences could be traumatic for our economy, and I
sincerely hope that it will not come to that.
Many people are aware that we still have congestion issues at our
ports. There are clearly underlying problems that must be addressed,
but it is important to keep in mind that these issues will still exist
even if a contract agreement is reached today.
Our ports drive our Nation's economy, and it is critical that we find
solutions to the congestion issues at our ports and in our overall
freight network.
____________________
NATIONAL MINERS DAY
(Mr. THOMPSON of Pennsylvania asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I rise today as the proud
grandson of Oscar Thompson, a surface miner, to recognize National
Miners Day, which is celebrated on December 6. On this day, we
recognize the important role our Nation's miners continue to play
across the Nation.
In the Commonwealth of Pennsylvania, my home State, the mining
industry--the coal industry, in particular--is a vital contributor to
the State's economy, with direct, indirect, and induced impacts that
are responsible for family-sustaining jobs and billions in economic
output. In 2011, Pennsylvania produced more than 67 million tons of
coal from close to 500 mines, making it the fourth-largest producer of
coal and the second-largest producer of electricity among all the
States.
Today, coal is used to generate more electricity than any other
resource in Pennsylvania, being responsible for 44 percent of the
State's electricity generation.
On National Miners Day, we commemorate the work and sacrifice of
miners, past and present, and recognize the contributions they make to
our economy, the Nation's energy security, and our shared prosperity.
____________________
THE AMOS HOUSE
(Mr. CICILLINE asked and was given permission to address the House
for 1 minute.)
Mr. CICILLINE. Mr. Speaker, I rise to salute the work of Amos House
and its mission to end hunger and homelessness in my home State of
Rhode Island. Having just celebrated Thanksgiving, it is a good
reminder of how important it is to remember those who are less
fortunate and to give back to the communities we live in.
Led by Eileen Hayes, Amos House and its dedicated staff give back to
Rhode Island every single day and provide life-giving services to those
most in need. Since its founding in 1976, Amos House has grown from a
small soup kitchen to a vibrant and essential multiservice center. This
week I was proud to help break ground on a new project that will give
Amos House a new home and help this wonderful organization further its
important work.
Amos House serves hundreds of meals daily to the hungry, provides
shelter for homeless men and women, substance abuse counseling, job
training, and money management classes. I salute Amos House, Eileen,
and her hardworking staff for the important contributions they make to
those most in need in my home State of Rhode Island.
____________________
CELEBRATING FORMER REPRESENTATIVE RALPH REGULA'S 90TH BIRTHDAY
(Mr. GIBBS asked and was given permission to address the House for 1
minute.)
Mr. GIBBS. Mr. Speaker, I rise today to celebrate the 90th birthday
of former Representative Ralph Regula.
Ralph Straus Regula was born in Beach City, Ohio, on December 3,
1924. Prior to his election to Congress, Mr. Regula served in the
United States Navy; worked as a schoolteacher and a principal in Stark
County schools; and served in the Ohio State House, Senate, and on the
Ohio State Board of Education. In 1973, Mr. Regula was elected to
Congress and served 18 consecutive terms, until his retirement in 2009.
During his tenure in Congress, Mr. Regula served as chairman of the
House Appropriations Subcommittee for Labor, Health and Human Services,
and Education, where he worked across party lines to improve
educational opportunities, workforce training programs, and health
care. He was a passionate advocate for research and the advancement of
science.
Congressman Regula billed himself a ``regular'' guy. He was the son
of a dairy farmer and part of a high school graduating class of only
25, where he developed a strong work ethic and love of community. Ralph
loved serving here because he cared about people and helping improve
the quality of their lives. In this House, he was a pragmatic leader
willing to find solutions to tough problems.
I have personally known Ralph for over three decades and have many
fond memories meeting with him both here and back in Ohio as my
Congressman. Like many others, I have learned so much from Congressman
Ralph Regula over the years. To that, I say thank you.
Today I ask my colleagues to join me in recognizing the great life
and career of Mr. Ralph Regula, wishing him a very happy 90th birthday.
____________________
AFFORDABLE CARE ACT
(Ms. ADAMS asked and was given permission to address the House for 1
minute and to revise and extend her remarks.)
Ms. ADAMS. Mr. Speaker, I rise today in support of the Affordable
Care Act. One year after implementing the health care exchanges, the
number of uninsured in this country has decreased dramatically. North
Carolina had one of the top five highest enrollments; and in my
congressional district alone, the number of uninsured has declined by
14 percent, not to mention the incredible impact this legislation has
had on the lives of working families.
Through the Affordable Care Act, 208,000 individuals in my
congressional district now have access to health insurance. Young
adults and college students can now stay on their parents' plans until
age 26, which resulted in nearly 10,000 young adults retaining health
insurance in my congressional district. Additionally, seniors in my
district have received Medicare part D prescription drug discounts
worth $11.1 million, and being a woman is no longer considered a
preexisting condition.
The Affordable Care Act has had a dramatic effect on unemployment,
creating 9.6 million private sector jobs. My congressional district's
unemployment rate is 13.9 percent. So, for me, this is not only about
health, but jobs and our economy.
These tangible benefits cannot be ignored. I urge my colleagues on
the other side of the aisle to end talks of repeal and, instead, work
with Democrats to strengthen the law to provide even greater access to
health insurance. States like North Carolina must reconsider their
decision to reject the Medicaid expansion. This purely political
decision has had real effects, leaving half a million North Carolinians
uninsured. As legislators, we should make the lives of our constituents
better; and, Mr. Speaker, the Affordable Care Act is making the lives
of our citizens better.
So I urge folks in my congressional district and around the country
to take advantage of the open enrollment period and get insured. There
are 77 new
[[Page 16463]]
insurers offering coverage in 2015, and the deadline to sign up is
February 15, 2015. Let's continue the progress that the Affordable Care
Act has made and get more people covered.
____________________
AIR REFUELING GROUP RAINCROSS AWARD
(Mr. POMPEO asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. POMPEO. Mr. Speaker, today I rise to congratulate the 931st Air
Refueling Group--McConnell Air Force Base's reserve unit--on receiving
the Raincross Trophy, which recognizes it as the best unit in the 4th
Air Force.
I have spent a lot of time with the fantastic airmen out of
McConnell, and I am not surprised, but I am extremely pleased to see
that they have been granted this outstanding award. It is only fitting
that the 931st has been selected as the first reserve unit in the Air
Force to fly and maintain America's new KC-46 tankers. McConnell-based
tankers flew nearly half of all missions of Air Mobility Command's
total KC-135 flying hours over the past year, and many of this unit's
soldiers and airmen were deployed in support of operations all around
the world.
This award is a wonderful recognition of the hard work of Colonel
Mark Larson, Chief Master Sergeant Kathleen E. Lowman, and all the men
and women of the 931st Air Refueling Group.
I know I speak for all Kansans in saying we are proud of the 931st
and the entire McConnell family. November Kilo Alpha Whiskey Tango
Golf.
____________________
NATIONAL 3-D PRINTING DAY
(Mr. FOSTER asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. FOSTER. Mr. Speaker, I rise today to urge my colleagues to
support my resolution to establish December 3 as National 3-D Printing
Day. As an entrepreneur, myself, who built a manufacturing company from
the ground up, I know firsthand how invaluable this technology is.
Advances in 3-D printing are creating unprecedented opportunities for
entrepreneurs and manufacturers to develop new products and bring their
ideas to life.
When I think of the long hours that my brother and I spent in the
machine shop building parts for our first prototype, parts that could
now be built quickly and easily with 3-D printing, it makes me envious
of today's startups.
From biotechnology to food production to advanced manufacturing, 3-D
printing is creating endless opportunities for innovation.
Additionally, 3-D printing technology is a great teaching tool for
students. There is nothing like the look of awe on students' faces as
they watch a 3-D printer build something that they designed, something
that started out as their idea that they can now hold in their hand. It
is also a great way of teaching them the value of coordinate geometry.
So it is critical that we continue to develop this technology and
recognize the importance in the modern economy and in inspiring the
next generation to pursue careers in STEM and advanced manufacturing.
Again, I urge my colleagues to join me in recognizing December 3 as
National 3-D Printing Day.
____________________
{time} 1230
RECOGNIZING TOM BERTRAND AS THE 2015 ILLINOIS SUPERINTENDENT OF THE
YEAR
(Mr. RODNEY DAVIS of Illinois asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I rise today to recognize
Tom Bertrand as the 2015 Illinois Superintendent of the Year. For the
last 13 years, Mr. Bertrand has served as superintendent of the
Rochester Community Unit District in Rochester, Illinois. In his time
with Rochester, he has served the school district as a teacher, coach,
principal, and assistant superintendent before taking on his current
role.
His dedication to the students and his many accomplishments in his
time with the Rochester district make him a deserving recipient of this
award. He has developed a nationally recognized anti-bullying program
and has worked to improve the use of technology in the school district
by both students and faculty.
I am proud to represent Mr. Bertrand and the Rochester school
district. His commitment to his students is something to be recognized.
I thank him for his service to the district and his dedication to
public education.
Mr. Bertrand, congratulations on being named the 2015 Illinois
Superintendent of the Year.
____________________
EXPANDING EDUCATION SUPPORT FOR VETERANS
(Ms. TITUS asked and was given permission to address the House for 1
minute.)
Ms. TITUS. Mr. Speaker, as a country, we have a responsibility to
help our veterans transition back from active military duty by giving
them the tools they need to succeed in civilian life.
Sadly, far too many of the men and women who have sacrificed so much
on our behalf return home to find they must struggle to get housing,
secure employment, and provide for themselves and their families. We
can and must do better. That is why I am proud to partner with my
Republican colleague, David McKinley, to introduce legislation that
honors our commitment by providing resources to help veterans pursue
higher education and gain the skills and training they need to succeed
in STEM careers.
The ability to analyze, communicate, and motivate--honed during their
military training--makes veterans ideal candidates in the fields
related to science, technology, math, and engineering. With growth in
the STEM fields for jobs that are expected to outpace other professions
in the next two decades, this legislation will help to meet the demands
for the high-skilled workforce that we need to be competitive in the
global economy.
So I would urge my colleagues to join Mr. McKinley and me in
upholding our promise to our Nation's heroes and support the GI Bill
STEM Extension Act of 2014.
____________________
SUPPORTING ALZHEIMER'S RESEARCH
(Ms. ROS-LEHTINEN asked and was given permission to address the House
for 1 minute and to revise and extend her remarks.)
Ms. ROS-LEHTINEN. Mr. Speaker, like many Americans, I am all too
familiar with Alzheimer's, having lost my mom to complications from
this dreadful disease nearly 4 years ago.
The Alzheimer's Association reports that over 5 million Americans are
living with Alzheimer's, including nearly half a million in my home
State of Florida.
Alzheimer's not only impacts seniors and their families, it is
costing our Nation billions of dollars every year, with only a fraction
of 1 percent of these costs spent on research toward better treatment
options and potential cures. Our seniors, their loved ones, and their
caregivers deserve better. American taxpayers deserve better.
Mr. Speaker, I urge everyone to go to alz.org and learn more about
Alzheimer's and how new research can help make a big difference in
improving the lives of patients, their families, and America's budget.
____________________
ISRAEL
(Mr. VEASEY asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. VEASEY. Mr. Speaker, I rise today about my concern for the safety
and security of Israel, the Middle East, and the U.S.
Negotiations for Iran to end its pursuit of a nuclear weapon were
recently extended without assurances that Iran would slow or abandon
this program. This delay tactic also allows Iran to escape many
economic sanctions. This
[[Page 16464]]
should be of grave concern to Americans who care about the regional
security of the Middle East.
Mr. Speaker, I respect the administration's goals and intent during
these negotiations, but I urge that we continue to utilize all methods
of influence throughout negotiations. We must fully use diplomacy,
legal sanctions, and economic pressure to move toward a peaceful and
secure situation in this critically important region to the world and
our country.
____________________
THE THREAT OF A NUCLEAR IRAN
(Mrs. HARTZLER asked and was given permission to address the House
for 1 minute.)
Mrs. HARTZLER. Mr. Speaker, I rise to express concern over the state
of our negotiations with Iran and the threat of Iranian nuclear
capability.
I am disappointed and extremely concerned with the extension of
negotiations over Iran's nuclear program and the continued relaxing of
economic sanctions against Tehran. Every day that we ease sanctions or
fail to apply new ones is another day Iran races toward a nuclear
weapons capability.
Iran currently has 10,000 operational centrifuges, each working hard
toward a nuclear Iran. As the administration continues to cede ground
in this area of negotiations, we must remember that Iran has threatened
America and called for the total annihilation of our ally, Israel. The
instability and unrest in this region would only be compounded should
Iran achieve its goals.
Sanctions brought Iran to the negotiating table in the first place,
and these sanctions must be strengthened to convince them to stop their
treacherous quest for nuclear weapons. I believe Congress must put
renewed pressure on Iran. The Senate needs to pass the Nuclear Weapon
Free Iran Act before going home. We cannot allow Iran to hold the world
hostage with nuclear weapons. Now is the time to act.
____________________
NAHASDA
(Ms. HANABUSA asked and was given permission to address the House for
1 minute.)
Ms. HANABUSA. Mr. Speaker, yesterday, this body reauthorized the
Native American Housing Assistance and Self-Determination Act of 1996,
a true bipartisan effort and, more importantly, the right thing to do
for all our Native people.
In it we reauthorized title 8, which addressed the Native people of
my State, the Native Hawaiians. NAHASDA had expired for Native
Hawaiians in 2005, and it has taken almost 10 years to make this right.
Now they are authorized to the year 2019.
Home, land, or ``Aina,'' as it is called in Hawaiian, is critical to
all people, especially our Native people. This Congress in 1921 passed
the Hawaiian Homes Commission Act of 1920, and this reauthorization
will bring us closer to meeting the dreams of those who are 50 percent
blood quantum or more.
I thank my colleagues for the voice vote and ask them to join me in
asking the Senate to pass this reauthorization for housing assistance
for all Native people.
____________________
ISIL THREATENS AMERICAN MILITARY FAMILIES
(Mr. WILSON of South Carolina asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. WILSON of South Carolina. Mr. Speaker, on Sunday both the FBI and
the Department of Homeland Security issued warnings to American
military personnel regarding possible attacks by ISIL here at home.
Sadly, this comes after Homeland Security Secretary Jeh Johnson
incorrectly announced in New York on September 14, ``At present we have
no credible information that ISIS is planning to attack the homeland of
the United States.'' The Secretary was wrong on the attacks, and
equally, he has been wrong on the unconstitutional review of illegal
aliens, which destroys jobs.
I appreciate yesterday national radio talk show host Kim Komando, the
Digital Pro, who restated the FBI and DHS warnings of ISIS threats here
in America to military families. She is a dedicated friend of the
military.
The President should identify and stop the grotesque threats to
conduct mass murder of American military families on U.S. soil.
In conclusion, God bless our troops, and the President should take
action to never forget September the 11th in the global war on
terrorism.
Our sympathy to the family of Captain William H. DuBois of Shaw Air
Force Base, South Carolina.
____________________
LONG-TERM TAX POLICIES
(Ms. CLARK of Massachusetts asked and was given permission to address
the House for 1 minute.)
Ms. CLARK of Massachusetts. Mr. Speaker, over the Thanksgiving
holiday, I was able to spend time not only with my extended family but
with the families of my district. And it struck me--not for the first
time--how disconnected much of the conversation in Washington is from
the concerns of typical families.
At the beginning of this week, we had an opportunity for a bipartisan
agreement on making tax credits for working families permanent. But
that has been derailed by cynical posturing.
In 2012, the earned income tax credit and the child tax credit helped
lift 10.1 million people out of poverty. These programs work for
working families. But instead of voting on a broader bill today to help
working families and businesses alike, we are kicking the can down the
road once again. This is a process that benefits the status quo and
holds the needs of working families hostage to another time when it is
politically convenient--and it is no way to govern.
Mr. Speaker, I urge my colleagues on both sides of the aisle to
continue working towards long-term tax policies that will help families
who cannot afford to wait any longer for Congress to do right by them.
____________________
FISCAL INSANITY
(Mr. STEWART asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. STEWART. Mr. Speaker, I am discouraged to stand here and to
announce a milestone that we reached recently, a very discouraging
milestone, and that was in the last few days we have now surpassed $18
trillion in debt. If you want to know how much money that is, take
every American taxpayer, from the young man who just got his first job
to every mother and father who are struggling to take care of their
families, and give them a bill for $150,000. It is simply
unsustainable.
If we continue down this current path, we will commit fiscal national
suicide by our spending and our debt. Remember, a nation that is
bankrupt cannot provide for the security of its people, a nation that
is bankrupt cannot provide for the needy among them, and a nation that
is bankrupt cannot provide for the children in the next generation.
Now is the time to restore fiscal sanity. We must have the courage to
reclaim the American Dream. Tax reform, entitlement reform, and a
balanced budget--we must have the courage to make these a reality. But
we can fix this. We must fix this. I hope we will have the courage to
do this, even if it is hard.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on motions to suspend the rules
on which a recorded vote or the yeas and nays are ordered, or on which
the vote incurs objection under clause 6 of rule XX.
Record votes on postponed questions will be taken later.
____________________
HOWARD COBLE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2014
Mr. HUNTER. Mr. Speaker, I move to suspend the rules and pass the
bill
[[Page 16465]]
(H.R. 5769) to authorize appropriations for the Coast Guard for fiscal
year 2015, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5769
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Howard Coble Coast Guard and
Maritime Transportation Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--COAST GUARD
Sec. 201. Commissioned officers.
Sec. 202. Commandant; appointment.
Sec. 203. Prevention and response workforces.
Sec. 204. Centers of expertise.
Sec. 205. Penalties.
Sec. 206. Agreements.
Sec. 207. Tuition assistance program coverage of textbooks and other
educational materials.
Sec. 208. Coast Guard housing.
Sec. 209. Lease authority.
Sec. 210. Notification of certain determinations.
Sec. 211. Annual Board of Visitors.
Sec. 212. Flag officers.
Sec. 213. Repeal of limitation on medals of honor.
Sec. 214. Coast Guard family support and child care.
Sec. 215. Mission need statement.
Sec. 216. Transmission of annual Coast Guard authorization request.
Sec. 217. Inventory of real property.
Sec. 218. Retired service members and dependents serving on advisory
committees.
Sec. 219. Active duty for emergency augmentation of regular forces.
Sec. 220. Acquisition workforce expedited hiring authority.
Sec. 221. Coast Guard administrative savings.
Sec. 222. Technical corrections to title 14.
Sec. 223. Multiyear procurement authority for Offshore Patrol Cutters.
Sec. 224. Maintaining Medium Endurance Cutter mission capability.
Sec. 225. Aviation capability in the Great Lakes region.
Sec. 226. Gaps in writings on Coast Guard history.
Sec. 227. Officer evaluation reports.
Sec. 228. Improved safety information for vessels.
Sec. 229. E-LORAN.
Sec. 230. Analysis of resource deficiencies with respect to maritime
border security.
Sec. 231. Modernization of National Distress and Response System.
Sec. 232. Report reconciling maintenance and operational priorities on
the Missouri River.
Sec. 233. Maritime Search and Rescue Assistance Policy assessment.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Repeal.
Sec. 302. Donation of historical property.
Sec. 303. Small shipyards.
Sec. 304. Drug testing reporting.
Sec. 305. Opportunities for sea service veterans.
Sec. 306. Clarification of high-risk waters.
Sec. 307. Technical corrections.
Sec. 308. Report.
Sec. 309. Fishing safety grant programs.
Sec. 310. Establishment of Merchant Marine Personnel Advisory
Committee.
Sec. 311. Travel and subsistence costs for prevention services.
Sec. 312. Prompt intergovernmental notice of marine casualties.
Sec. 313. Area Contingency Plans.
Sec. 314. International ice patrol reform.
Sec. 315. Offshore supply vessel third-party inspection.
Sec. 316. Watches.
Sec. 317. Coast Guard response plan requirements.
Sec. 318. Regional Citizens' Advisory Council.
Sec. 319. Uninspected passenger vessels in the United States Virgin
Islands.
Sec. 320. Treatment of abandoned seafarers.
Sec. 321. Enforcement.
Sec. 322. Coast Guard regulations.
Sec. 323. Website.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Authorization of appropriations.
Sec. 402. Award of reparations.
Sec. 403. Terms of Commissioners.
TITLE V--ARCTIC MARITIME TRANSPORTATION
Sec. 501. Arctic maritime transportation.
Sec. 502. Arctic maritime domain awareness.
Sec. 503. IMO Polar Code negotiations.
Sec. 504. Forward operating facilities.
Sec. 505. Icebreakers.
Sec. 506. Icebreaking in polar regions.
TITLE VI--MISCELLANEOUS
Sec. 601. Distant water tuna fleet.
Sec. 602. Extension of moratorium.
Sec. 603. National maritime strategy.
Sec. 604. Waivers.
Sec. 605. Competition by United States flag vessels.
Sec. 606. Vessel requirements for notices of arrival and departure and
automatic identification system.
Sec. 607. Conveyance of Coast Guard property in Rochester, New York.
Sec. 608. Conveyance of certain property in Gig Harbor, Washington.
Sec. 609. Vessel determination.
Sec. 610. Safe vessel operation in Thunder Bay.
Sec. 611. Parking facilities.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year
2015 for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$6,981,036,000.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto, $1,546,448,000, to remain available until
expended.
(3) For the Coast Guard Reserve program, including
personnel and training costs, equipment, and services,
$140,016,000.
(4) For environmental compliance and restoration of Coast
Guard vessels, aircraft, and facilities (other than parts and
equipment associated with operation and maintenance),
$16,701,000, to remain available until expended.
(5) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly related to improving the
performance of the Coast Guard's mission with respect to
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties,
ice operations, oceanographic research, and defense
readiness, $19,890,000.
(6) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Alteration of Bridges Program,
$16,000,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 43,000 for
fiscal year 2015.
(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads for fiscal
year 2015 as follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian
institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
TITLE II--COAST GUARD
SEC. 201. COMMISSIONED OFFICERS.
Section 42(a) of title 14, United States Code, is amended
by striking ``7,200'' and inserting ``6,900''.
SEC. 202. COMMANDANT; APPOINTMENT.
Section 44 of title 14, United States Code, is amended by
inserting after the first sentence the following: ``The term
of an appointment, and any reappointment, shall begin on June
1 of the appropriate year and end on May 31 of the
appropriate year, except that, in the event of death,
retirement, resignation, or reassignment, or when the needs
of the Service demand, the Secretary may alter the date on
which a term begins or ends if the alteration does not result
in the term exceeding a period of 4 years.''.
SEC. 203. PREVENTION AND RESPONSE WORKFORCES.
Section 57 of title 14, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2) by striking ``or'' at the end;
(B) in paragraph (3) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) waterways operations manager shall have knowledge,
skill, and practical experience with respect to marine
transportation system management; or
``(5) port and facility safety and security specialist
shall have knowledge, skill, and practical experience with
respect to the safety, security, and environmental protection
responsibilities associated with maritime ports and
facilities.'';
(2) in subsection (c) by striking ``or marine safety
engineer'' and inserting ``marine safety engineer, waterways
operations manager, or port and facility safety and security
specialist''; and
(3) in subsection (f)(2) by striking ``investigator or
marine safety engineer.'' and inserting ``investigator,
marine safety engineer, waterways operations manager, or port
and facility safety and security specialist.''.
[[Page 16466]]
SEC. 204. CENTERS OF EXPERTISE.
Section 58(b) of title 14, United States Code, is amended
to read as follows:
``(b) Missions.--Any center established under subsection
(a) shall--
``(1) promote, facilitate, and conduct--
``(A) education;
``(B) training; and
``(C) activities authorized under section 93(a)(4);
``(2) be a repository of information on operations,
practices, and resources related to the mission for which the
center was established; and
``(3) perform and support the mission for which the center
was established.''.
SEC. 205. PENALTIES.
(a) Aids to Navigation and False Distress Messages.--
Chapter 5 of title 14, United States Code, is amended--
(1) in section 83 by striking ``$100'' and inserting
``$1,500'';
(2) in section 84 by striking ``$500'' and inserting
``$1,500'';
(3) in section 85 by striking ``$100'' and inserting
``$1,500''; and
(4) in section 88(c)(2) by striking ``$5,000'' and
inserting ``$10,000''.
(b) Unauthorized Use of Words ``Coast Guard''.--Section 639
of title 14, United States Code, is amended by striking
``$1,000'' and inserting ``$10,000''.
SEC. 206. AGREEMENTS.
(a) In General.--Section 93(a)(4) of title 14, United
States Code, is amended--
(1) by striking ``, investigate'' and inserting ``and
investigate''; and
(2) by striking ``, and cooperate and coordinate such
activities with other Government agencies and with private
agencies''.
(b) Authority.--Chapter 5 of title 14, United States Code,
as amended by this Act, is further amended by adding at the
end the following:
``Sec. 102. Agreements
``(a) In General.--In carrying out section 93(a)(4), the
Commandant may--
``(1) enter into cooperative agreements, contracts, and
other agreements with--
``(A) Federal entities;
``(B) other public or private entities in the United
States, including academic entities; and
``(C) foreign governments with the concurrence of the
Secretary of State; and
``(2) impose on and collect from an entity subject to an
agreement or contract under paragraph (1) a fee to assist
with expenses incurred in carrying out such section.
``(b) Deposit and Use of Fees.--Fees collected under this
section shall be deposited in the general fund of the
Treasury as offsetting receipts. The fees may be used, to the
extent provided in advance in an appropriation law, only to
carry out activities under section 93(a)(4).''.
(c) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``102. Agreements.''.
SEC. 207. TUITION ASSISTANCE PROGRAM COVERAGE OF TEXTBOOKS
AND OTHER EDUCATIONAL MATERIALS.
Section 93(a)(7) of title 14, United States Code, is
amended by inserting ``and the textbooks, manuals, and other
materials required as part of such training or course of
instruction'' after ``correspondence courses''.
SEC. 208. COAST GUARD HOUSING.
(a) Commandant; General Powers.--Section 93(a)(13) of title
14, United States Code, is amended by striking ``the
Treasury'' and inserting ``the fund established under section
687''.
(b) Lighthouse Property.--Section 672a(b) of title 14,
United States Code, is amended by striking ``the Treasury''
and inserting ``the fund established under section 687''.
(c) Conforming Amendment.--Section 687(b) of title 14,
United States Code, is amended by adding at the end the
following:
``(4) Monies received under section 93(a)(13).
``(5) Amounts received under section 672a(b).''.
SEC. 209. LEASE AUTHORITY.
Section 93 of title 14, United States Code, is amended by
adding at the end the following:
``(f) Leasing of Tidelands and Submerged Lands.--
``(1) Authority.--The Commandant may lease under subsection
(a)(13) submerged lands and tidelands under the control of
the Coast Guard without regard to the limitation under that
subsection with respect to lease duration.
``(2) Limitation.--The Commandant may lease submerged lands
and tidelands under paragraph (1) only if--
``(A) lease payments are--
``(i) received exclusively in the form of cash;
``(ii) equal to the fair market value of the use of the
leased submerged lands or tidelands for the period during
which such lands are leased, as determined by the Commandant;
and
``(iii) deposited in the fund established under section
687; and
``(B) the lease does not provide authority to or commit the
Coast Guard to use or support any improvements to such
submerged lands or tidelands, or obtain goods or services
from the lessee.''.
SEC. 210. NOTIFICATION OF CERTAIN DETERMINATIONS.
(a) In General.--Chapter 5 of title 14, United States Code,
as amended by this Act, is further amended by adding at the
end the following:
``Sec. 103. Notification of certain determinations
``(a) In General.--At least 90 days prior to making a final
determination that a waterway, or a portion thereof, is
navigable for purposes of the jurisdiction of the Coast
Guard, the Commandant shall provide notification regarding
the proposed determination to--
``(1) the Governor of each State in which such waterway, or
portion thereof, is located;
``(2) the public; and
``(3) the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(b) Content Requirement.--Each notification provided
under subsection (a) to an entity specified in paragraph (3)
of that subsection shall include--
``(1) an analysis of whether vessels operating on the
waterway, or portion thereof, subject to the proposed
determination are subject to inspection or similar regulation
by State or local officials;
``(2) an analysis of whether operators of commercial
vessels on such waterway, or portion thereof, are subject to
licensing or similar regulation by State or local officials;
and
``(3) an estimate of the annual costs that the Coast Guard
may incur in conducting operations on such waterway, or
portion thereof.''.
(b) Clerical Amendment.--The analysis for such chapter, as
amended by this Act, is further amended by adding at the end
the following:
``103. Notification of certain determinations.''.
SEC. 211. ANNUAL BOARD OF VISITORS.
Section 194 of title 14, United States Code, is amended to
read as follows:
``Sec. 194. Annual Board of Visitors
``(a) In General.--A Board of Visitors to the Coast Guard
Academy is established to review and make recommendations on
the operation of the Academy.
``(b) Membership.--
``(1) In general.--The membership of the Board shall
consist of the following:
``(A) The chairman of the Committee on Commerce, Science,
and Transportation of the Senate, or the chairman's designee.
``(B) The chairman of the Committee on Transportation and
Infrastructure of the House of Representatives, or the
chairman's designee.
``(C) 3 Members of the Senate designated by the Vice
President.
``(D) 4 Members of the House of Representatives designated
by the Speaker of the House of Representatives.
``(E) 6 individuals designated by the President.
``(2) Length of service.--
``(A) Members of congress.--A Member of Congress designated
under subparagraph (C) or (D) of paragraph (1) as a member of
the Board shall be designated as a member in the First
Session of a Congress and serve for the duration of that
Congress.
``(B) Individuals designated by the president.--Each
individual designated by the President under subparagraph (E)
of paragraph (1) shall serve as a member of the Board for 3
years, except that any such member whose term of office has
expired shall continue to serve until a successor is
appointed.
``(3) Death or resignation of a member.--If a member of the
Board dies or resigns, a successor shall be designated for
any unexpired portion of the term of the member by the
official who designated the member.
``(c) Academy Visits.--
``(1) Annual visit.--The Board shall visit the Academy
annually to review the operation of the Academy.
``(2) Additional visits.--With the approval of the
Secretary, the Board or individual members of the Board may
make other visits to the Academy in connection with the
duties of the Board or to consult with the Superintendent of
the Academy.
``(d) Scope of Review.--The Board shall review, with
respect to the Academy--
``(1) the state of morale and discipline;
``(2) the curriculum;
``(3) instruction;
``(4) physical equipment;
``(5) fiscal affairs; and
``(6) other matters relating to the Academy that the Board
determines appropriate.
``(e) Report.--Not later than 60 days after the date of an
annual visit of the Board under subsection (c)(1), the Board
shall submit to the Secretary, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the actions of the Board during
such visit and the recommendations of the Board pertaining to
the Academy.
``(f) Advisors.--If approved by the Secretary, the Board
may consult with advisors in carrying out this section.
``(g) Reimbursement.--Each member of the Board and each
adviser consulted by the Board under subsection (f) shall be
reimbursed, to the extent permitted by law, by
[[Page 16467]]
the Coast Guard for actual expenses incurred while engaged in
duties as a member or adviser.''.
SEC. 212. FLAG OFFICERS.
(a) In General.--Title 14, United States Code, is amended
by inserting after section 295 the following:
``Sec. 296. Flag officers
``During any period in which the Coast Guard is not
operating as a service in the Navy, section 1216(d) of title
10 does not apply with respect to flag officers of the Coast
Guard.''.
(b) Clerical Amendment.--The analysis for chapter 11 of
title 14, United States Code, is amended by inserting after
the item relating to section 295 the following:
``296. Flag officers.''.
SEC. 213. REPEAL OF LIMITATION ON MEDALS OF HONOR.
Section 494 of title 14, United States Code, is amended by
striking ``medal of honor,'' each place it appears.
SEC. 214. COAST GUARD FAMILY SUPPORT AND CHILD CARE.
(a) In General.--Title 14, United States Code, as amended
by this Act, is further amended by inserting after chapter 13
the following:
``CHAPTER 14--COAST GUARD FAMILY SUPPORT AND CHILD CARE
``subchapter i--general provisions
``Sec.
``531. Work-life policies and programs.
``532. Surveys of Coast Guard families.
``subchapter ii--coast guard family support
``542. Education and training opportunities for Coast Guard spouses.
``543. Youth sponsorship initiatives.
``subchapter iii--coast guard child care
``551. Definitions.
``553. Child development center standards and inspections.
``554. Child development center employees.
``555. Parent partnerships with child development centers.
``SUBCHAPTER I--GENERAL PROVISIONS
``Sec. 531. Work-life policies and programs
``The Commandant is authorized--
``(1) to establish an office for the purpose of developing,
promulgating, and coordinating policies, programs, and
activities related to the families of Coast Guard members;
``(2) to implement and oversee policies, programs, and
activities described in paragraph (1) as the Commandant
considers necessary; and
``(3) to perform such other duties as the Commandant
considers necessary.
``Sec. 532. Surveys of Coast Guard families
``(a) Authority.--The Commandant, in order to determine the
effectiveness of Federal policies, programs, and activities
related to the families of Coast Guard members, may survey--
``(1) any Coast Guard member;
``(2) any retired Coast Guard member;
``(3) the immediate family of any Coast Guard member or
retired Coast Guard member; and
``(4) any survivor of a deceased Coast Guard member.
``(b) Voluntary Participation.--Participation in any survey
conducted under subsection (a) shall be voluntary.
``(c) Federal Recordkeeping.--Each person surveyed under
subsection (a) shall be considered an employee of the United
States for purposes of section 3502(3)(A)(i) of title 44.
``SUBCHAPTER II--COAST GUARD FAMILY SUPPORT
``Sec. 542. Education and training opportunities for Coast
Guard spouses
``(a) Tuition Assistance.--The Commandant may provide,
subject to the availability of appropriations, tuition
assistance to an eligible spouse to facilitate the
acquisition of--
``(1) education and training required for a degree or
credential at an accredited college, university, or technical
school in the United States that expands employment and
portable career opportunities for the spouse; or
``(2) education prerequisites and a professional license or
credential required, by a government or government-sanctioned
licensing body, for an occupation that expands employment and
portable career opportunities for the spouse.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Eligible spouse.--
``(A) In general.--The term `eligible spouse' means the
spouse of a member of the Coast Guard who is serving on
active duty and includes a spouse who receives transitional
compensation under section 1059 of title 10.
``(B) Exclusion.--The term `eligible spouse' does not
include a person who--
``(i) is married to, but legally separated from, a member
of the Coast Guard under a court order or statute of any
State or territorial possession of the United States; or
``(ii) is eligible for tuition assistance as a member of
the Armed Forces.
``(2) Portable career.--The term `portable career' includes
an occupation that requires education, training, or both that
results in a credential that is recognized by an industry,
profession, or specific type of business.
``Sec. 543. Youth sponsorship initiatives
``(a) In General.--The Commandant is authorized to
establish, within any Coast Guard unit, an initiative to help
integrate into new surroundings the dependent children of
members of the Coast Guard who received permanent change of
station orders.
``(b) Description of Initiative.--An initiative established
under subsection (a) shall--
``(1) provide for the involvement of a dependent child of a
member of the Coast Guard in the dependent child's new Coast
Guard community; and
``(2) primarily focus on preteen and teenaged children.
``(c) Authority.--In carrying out an initiative under
subsection (a), the Commandant may--
``(1) provide to a dependent child of a member of the Coast
Guard information on youth programs and activities available
in the dependent child's new Coast Guard community; and
``(2) enter into agreements with nonprofit entities to
provide youth programs and activities to such child.
``SUBCHAPTER III--COAST GUARD CHILD CARE
``Sec. 551. Definitions
``In this subchapter, the following definitions apply:
``(1) Child abuse and neglect.--The term `child abuse and
neglect' has the meaning given that term in section 3 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5101
note).
``(2) Child development center employee.--The term `child
development center employee' means a civilian employee of the
Coast Guard who is employed to work in a Coast Guard child
development center without regard to whether the employee is
paid from appropriated or nonappropriated funds.
``(3) Coast guard child development center.--The term
`Coast Guard child development center' means a facility on
Coast Guard property or on property under the jurisdiction of
the commander of a Coast Guard unit at which child care
services are provided for members of the Coast Guard.
``(4) Competitive service position.--The term `competitive
service position' means a position in the competitive service
(as defined in section 2102 of title 5).
``(5) Family home daycare.--The term `family home daycare'
means home-based child care services provided for a member of
the Coast Guard by an individual who--
``(A) is certified by the Commandant as qualified to
provide home-based child care services; and
``(B) provides home-based child care services on a regular
basis in exchange for monetary compensation.
``Sec. 553. Child development center standards and
inspections
``(a) Standards.--The Commandant shall require each Coast
Guard child development center to meet standards that the
Commandant considers appropriate to ensure the health,
safety, and welfare of the children and employees at the
center.
``(b) Inspections.--The Commandant shall provide for
regular and unannounced inspections of each Coast Guard child
development center to ensure compliance with this section.
``(c) National Reporting.--
``(1) In general.--The Commandant shall maintain and
publicize a means by which an individual can report, with
respect to a Coast Guard child development center or a family
home daycare--
``(A) any suspected violation of--
``(i) standards established under subsection (a); or
``(ii) any other applicable law or standard;
``(B) suspected child abuse or neglect; or
``(C) any other deficiency.
``(2) Anonymous reporting.--The Commandant shall ensure
that an individual making a report pursuant to paragraph (1)
may do so anonymously if so desired by the individual.
``(3) Procedures.--The Commandant shall establish
procedures for investigating reports made pursuant to
paragraph (1).
``Sec. 554. Child development center employees
``(a) Training.--
``(1) In general.--The Commandant shall establish a
training program for Coast Guard child development center
employees and satisfactory completion of the training program
shall be a condition of employment for each employee of a
Coast Guard child development center.
``(2) Timing for new hires.--The Commandant shall require
each employee of a Coast Guard child development center to
complete the training program established under paragraph (1)
not later than 6 months after the date on which the employee
is hired.
``(3) Minimum requirements.--The training program
established under paragraph (1) shall include, at a minimum,
instruction with respect to--
``(A) early childhood development;
``(B) activities and disciplinary techniques appropriate to
children of different ages;
``(C) child abuse and neglect prevention and detection; and
[[Page 16468]]
``(D) cardiopulmonary resuscitation and other emergency
medical procedures.
``(4) Use of department of defense programs.--The
Commandant may use Department of Defense training programs,
on a reimbursable or nonreimbursable basis, for purposes of
this subsection.
``(b) Training and Curriculum Specialists.--
``(1) Specialist required.--The Commandant shall require
that at least 1 employee at each Coast Guard child
development center be a specialist in training and curriculum
development with appropriate credentials and experience.
``(2) Duties.--The duties of the specialist described in
paragraph (1) shall include--
``(A) special teaching activities;
``(B) daily oversight and instruction of other child care
employees;
``(C) daily assistance in the preparation of lesson plans;
``(D) assisting with child abuse and neglect prevention and
detection; and
``(E) advising the director of the center on the
performance of the other child care employees.
``(3) Competitive service.--Each specialist described in
paragraph (1) shall be an employee in a competitive service
position.
``Sec. 555. Parent partnerships with child development
centers
``(a) Parent Boards.--
``(1) Formation.--The Commandant shall require that there
be formed at each Coast Guard child development center a
board of parents, to be composed of parents of children
attending the center.
``(2) Functions.--Each board of parents formed under
paragraph (1) shall--
``(A) meet periodically with the staff of the center at
which the board is formed and the commander of the unit
served by the center, for the purpose of discussing problems
and concerns; and
``(B) be responsible, together with the staff of the
center, for coordinating any parent participation initiative
established under subsection (b).
``(3) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to a board of parents formed under
paragraph (1).
``(b) Parent Participation Initiative.--The Commandant is
authorized to establish a parent participation initiative at
each Coast Guard child development center to encourage and
facilitate parent participation in educational and related
activities at the center.''.
(b) Transfer of Provisions.--
(1) In general.--
(A) Reimbursement for adoption expenses.--Section 514 of
title 14, United States Code, is redesignated as section 541
and transferred to appear before section 542 of such title,
as added by subsection (a) of this section.
(B) Child development services.--Section 515 of title 14,
United States Code--
(i) is redesignated as section 552 and transferred to
appear after section 551 of such title, as added by
subsection (a) of this section; and
(ii) is amended--
(I) in subsection (b)(2)(B) by inserting ``and whether a
family is participating in an initiative established under
section 555(b)'' after ``family income'';
(II) by striking subsections (c) and (e); and
(III) by redesignating subsection (d) as subsection (c).
(C) Dependent school children.--Section 657 of title 14,
United States Code--
(i) is redesignated as section 544 and transferred to
appear after section 543 of such title, as added by
subsection (a) of this section; and
(ii) is amended in subsection (a) by striking ``Except as
otherwise'' and all that follows through ``the Secretary
may'' and inserting ``The Secretary may''.
(2) Conforming amendments.--
(A) Part i.--The analysis for part I of title 14, United
States Code, is amended by inserting after the item relating
to chapter 13 the following:
``14. Coast Guard Family Support and Child Care..............531''.....
(B) Chapter 13.--The analysis for chapter 13 of title 14,
United States Code, is amended--
(i) by striking the item relating to section 514; and
(ii) by striking the item relating to section 515.
(C) Chapter 14.--The analysis for chapter 14 of title 14,
United States Code, as added by subsection (a) of this
section, is amended by inserting--
(i) before the item relating to section 542 the following:
``541. Reimbursement for adoption expenses.'';
(ii) after the item relating to section 551 the following:
``552. Child development services.''; and
(iii) after the item relating to section 543 the following:
``544. Dependent school children.''.
(D) Chapter 17.--The analysis for chapter 17 of title 14,
United States Code, is amended by striking the item relating
to section 657.
(c) Commandant; General Powers.--Section 93(a)(7) of title
14, United States Code, as amended by this Act, is further
amended by inserting ``, and to eligible spouses as defined
under section 542,'' after ``Coast Guard''.
(d) Sense of Congress.--
(1) In general.--It is the sense of Congress that the
amount of funds appropriated for a fiscal year for operating
expenses related to Coast Guard child development services
should not be less than the amount of the child development
center fee receipts estimated to be collected by the Coast
Guard during that fiscal year.
(2) Child development center fee receipts defined.--In this
subsection, the term ``child development center fee
receipts'' means fees paid by members of the Coast Guard for
child care services provided at Coast Guard child development
centers.
SEC. 215. MISSION NEED STATEMENT.
(a) In General.--Section 569 of title 14, United States
Code, is amended to read as follows:
``Sec. 569. Mission need statement
``(a) In General.--On the date on which the President
submits to Congress a budget for fiscal year 2016 under
section 1105 of title 31, on the date on which the President
submits to Congress a budget for fiscal year 2019 under such
section, and every 4 years thereafter, the Commandant shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate an
integrated major acquisition mission need statement.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Integrated major acquisition mission need
statement.--The term `integrated major acquisition mission
need statement' means a document that--
``(A) identifies current and projected gaps in Coast Guard
mission capabilities using mission hour targets;
``(B) explains how each major acquisition program addresses
gaps identified under subparagraph (A) if funded at the
levels provided for such program in the most recently
submitted capital investment plan; and
``(C) describes the missions the Coast Guard will not be
able to achieve, by fiscal year, for each gap identified
under subparagraph (A).
``(2) Major acquisition program.--The term `major
acquisition program' has the meaning given that term in
section 569a(e).
``(3) Capital investment plan.--The term `capital
investment plan' means the plan required under section
663(a)(1).''.
(b) Clerical Amendment.--The analysis for chapter 15 of
title 14, United States Code, is amended by striking the item
relating to section 569 and inserting the following:
``569. Mission need statement.''.
SEC. 216. TRANSMISSION OF ANNUAL COAST GUARD AUTHORIZATION
REQUEST.
(a) In General.--Title 14, United States Code, as amended
by this Act, is further amended by inserting after section
662 the following:
``Sec. 662a. Transmission of annual Coast Guard authorization
request
``(a) In General.--Not later than 30 days after the date on
which the President submits to Congress a budget for a fiscal
year pursuant to section 1105 of title 31, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a Coast Guard authorization request with respect to
such fiscal year.
``(b) Coast Guard Authorization Request Defined.--In this
section, the term `Coast Guard authorization request' means a
proposal for legislation that, with respect to the Coast
Guard for the relevant fiscal year--
``(1) recommends end strengths for personnel for that
fiscal year, as described in section 661;
``(2) recommends authorizations of appropriations for that
fiscal year, including with respect to matters described in
section 662; and
``(3) addresses any other matter that the Secretary
determines is appropriate for inclusion in a Coast Guard
authorization bill.''.
(b) Clerical Amendment.--The analysis for chapter 17 of
title 14, United States Code, as amended by this Act, is
further amended by inserting after the item relating to
section 662 the following:
``662a. Transmission of annual Coast Guard authorization request.''.
SEC. 217. INVENTORY OF REAL PROPERTY.
(a) In General.--Chapter 17 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 679. Inventory of real property
``(a) In General.--Not later than September 30, 2015, the
Commandant shall establish an inventory of all real property,
including submerged lands, under the control of the Coast
Guard, which shall include--
``(1) the size, the location, and any other appropriate
description of each unit of such property;
``(2) an assessment of the physical condition of each unit
of such property, excluding lands;
``(3) a determination of whether each unit of such property
should be--
[[Page 16469]]
``(A) retained to fulfill a current or projected Coast
Guard mission requirement; or
``(B) subject to divestiture; and
``(4) other information the Commandant considers
appropriate.
``(b) Inventory Maintenance.--The Commandant shall--
``(1) maintain the inventory required under subsection (a)
on an ongoing basis; and
``(2) update information on each unit of real property
included in such inventory not later than 30 days after any
change relating to the control of such property.
``(c) Recommendations to Congress.--Not later than March
30, 2016, and every 5 years thereafter, the Commandant shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
that includes--
``(1) a list of all real property under the control of the
Coast Guard and the location of such property by property
type;
``(2) recommendations for divestiture with respect to any
units of such property; and
``(3) recommendations for consolidating any units of such
property, including--
``(A) an estimate of the costs or savings associated with
each recommended consolidation; and
``(B) a discussion of the impact that such consolidation
would have on Coast Guard mission effectiveness.''.
(b) Clerical Amendment.--The analysis for such chapter, as
amended by this Act, is further amended by adding at the end
the following:
``679. Inventory of real property.''.
SEC. 218. RETIRED SERVICE MEMBERS AND DEPENDENTS SERVING ON
ADVISORY COMMITTEES.
(a) In General.--Chapter 17 of title 14, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 680. Retired service members and dependents serving on
advisory committees
``A committee that--
``(1) advises or assists the Coast Guard with respect to a
function that affects a member of the Coast Guard or a
dependent of such a member; and
``(2) includes in its membership a retired Coast Guard
member or a dependent of such a retired member;
shall not be considered an advisory committee under the
Federal Advisory Committee Act (5 U.S.C. App.) solely because
of such membership.''.
(b) Clerical Amendment.--The analysis for such chapter, as
amended by this Act, is further amended by inserting after
the item relating to section 679 the following:
``680. Retired service members and dependents serving on advisory
committees.''.
SEC. 219. ACTIVE DUTY FOR EMERGENCY AUGMENTATION OF REGULAR
FORCES.
Section 712(a) of title 14, United States Code, is amended
by striking ``not more than 60 days in any 4-month period
and''.
SEC. 220. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
Section 404(b) of the Coast Guard Authorization Act of 2010
(Public Law 111-281; 124 Stat. 2951) is amended by striking
``2015'' and inserting ``2017''.
SEC. 221. COAST GUARD ADMINISTRATIVE SAVINGS.
(a) Elimination of Outdated and Duplicative Reports.--
(1) Marine industry training.--Section 59 of title 14,
United States Code, is amended--
(A) by striking ``(a) In General.--The Commandant'' and
inserting ``The Commandant''; and
(B) by striking subsection (b).
(2) Operations and expenditures.--Section 651 of title 14,
United States Code, and the item relating to such section in
the analysis for chapter 17 of such title, are repealed.
(3) Drug interdiction.--Section 103 of the Coast Guard
Authorization Act of 1996 (14 U.S.C. 89 note), and the item
relating to that section in the table of contents in section
2 of that Act, are repealed.
(4) National defense.--Section 426 of the Maritime
Transportation Security Act of 2002 (14 U.S.C. 2 note), and
the item relating to that section in the table of contents in
section 1(b) of that Act, are repealed.
(5) Living marine resources.--Section 4(b) of the Cruise
Vessel Security and Safety Act of 2010 (16 U.S.C. 1828 note)
is amended by adding at the end the following: ``No report
shall be required under this subsection, including that no
report shall be required under section 224 of the Coast Guard
and Maritime Transportation Act of 2004 or section 804 of the
Coast Guard and Maritime Transportation Act of 2006, for
fiscal years beginning after fiscal year 2014.''.
(b) Consolidation and Reform of Reporting Requirements.--
(1) Marine safety.--
(A) In general.--Section 2116(d)(2)(B) of title 46, United
States Code, is amended to read as follows:
``(B) on the program's mission performance in achieving
numerical measurable goals established under subsection (b),
including--
``(i) the number of civilian and military Coast Guard
personnel assigned to marine safety positions; and
``(ii) an identification of marine safety positions that
are understaffed to meet the workload required to accomplish
each activity included in the strategy and plans under
subsection (a); and''.
(B) Conforming amendment.--Section 57 of title 14, United
States Code, as amended by this Act, is further amended--
(i) by striking subsection (e); and
(ii) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g) respectively.
(2) Minor construction.--Section 656(d)(2) of title 14,
United States Code, is amended to read as follows:
``(2) Report.--Not later than the date on which the
President submits to Congress a budget under section 1105 of
title 31 each year, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing each
project carried out under paragraph (1), in the most recently
concluded fiscal year, for which the amount expended under
such paragraph for such project was more than $1,000,000. If
no such project was carried out during a fiscal year, no
report under this paragraph shall be required with respect to
that fiscal year.''.
SEC. 222. TECHNICAL CORRECTIONS TO TITLE 14.
Title 14, United States Code, as amended by this Act, is
further amended--
(1) in section 93(b)(1) by striking ``Notwithstanding
subsection (a)(14)'' and inserting ``Notwithstanding
subsection (a)(13)''; and
(2) in section 197(b) by striking ``of Homeland Security''.
SEC. 223. MULTIYEAR PROCUREMENT AUTHORITY FOR OFFSHORE PATROL
CUTTERS.
In fiscal year 2015 and each fiscal year thereafter, the
Secretary of the department in which the Coast Guard is
operating may enter into, in accordance with section 2306b of
title 10, United States Code, multiyear contracts for the
procurement of Offshore Patrol Cutters and associated
equipment.
SEC. 224. MAINTAINING MEDIUM ENDURANCE CUTTER MISSION
CAPABILITY.
Not later than 120 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that includes--
(1) a schedule and plan for decommissioning, not later than
September 30, 2029, each of the 210-foot, Reliance-Class
Cutters operated by the Coast Guard on the date of enactment
of this Act;
(2) a schedule and plan for enhancing the maintenance or
extending the service life of each of the 270-foot, Famous-
Class Cutters operated by the Coast Guard on the date of
enactment of this Act--
(A) to maintain the capability of the Coast Guard to carry
out sea-going missions with respect to such Cutters at the
level of capability existing on September 30, 2013; and
(B) for the period beginning on the date of enactment of
this Act and ending on the date on which the final Offshore
Patrol Cutter is scheduled to be commissioned under paragraph
(4);
(3) an identification of the number of Offshore Patrol
Cutters capable of sea state 5 operations that, if 8 National
Security Cutters are commissioned, are necessary to return
the sea state 5 operating capability of the Coast Guard to
the level of capability that existed prior to the
decommissioning of the first High Endurance Cutter in fiscal
year 2011;
(4) a schedule and plan for commissioning the number of
Offshore Patrol Cutters identified under paragraph (3); and
(5) a schedule and plan for commissioning, not later than
September 30, 2034, a number of Offshore Patrol Cutters not
capable of sea state 5 operations that is equal to--
(A) 25; less
(B) the number of Offshore Patrol Cutters identified under
paragraph (3).
SEC. 225. AVIATION CAPABILITY IN THE GREAT LAKES REGION.
The Secretary of the department in which the Coast Guard is
operating may--
(1) request and accept through a direct military-to-
military transfer under section 2571 of title 10, United
States Code, such H-60 helicopters as may be necessary to
establish a year-round operational capability in the Coast
Guard's Ninth District; and
(2) use funds provided under section 101 of this Act to
convert such helicopters to Coast Guard MH-60T configuration.
SEC. 226. GAPS IN WRITINGS ON COAST GUARD HISTORY.
Not later than 1 year after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on any gaps that
exist in writings on the history of the Coast Guard. The
report shall address, at a minimum, operations, broad topics,
and biographies with respect to the Coast Guard.
SEC. 227. OFFICER EVALUATION REPORTS.
(a) Assessment Required.--Not later than 180 days after the
date of enactment of this Act, the Commandant of the Coast
Guard shall provide to the Committee on Commerce, Science,
and Transportation of the
[[Page 16470]]
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a written assessment of the
Coast Guard's officer evaluation reporting system.
(b) Contents of Assessment.--The assessment required under
subsection (a) shall include, at a minimum, an analysis of--
(1) the extent to which the Coast Guard's officer
evaluation reports differ in length, form, and content from
the officer fitness reports used by the Navy and other
branches of the Armed Forces;
(2) the extent to which differences determined pursuant to
paragraph (1) are the result of inherent differences
between--
(A) the Coast Guard and the Navy; and
(B) the Coast Guard and other branches of the Armed Forces;
(3) the feasibility of more closely aligning and conforming
the Coast Guard's officer evaluation reports with the officer
fitness reports of the Navy and other branches of the Armed
Forces; and
(4) the costs and benefits of the alignment and conformity
described in paragraph (3), including with respect to--
(A) Coast Guard administrative efficiency;
(B) fairness and equity for Coast Guard officers; and
(C) carrying out the Coast Guard's statutory mission of
defense readiness, including when operating as a service in
the Navy.
SEC. 228. IMPROVED SAFETY INFORMATION FOR VESSELS.
Not later than 1 year after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating shall establish a process that allows an
operator of a marine exchange or other non-Federal vessel
traffic information service to use the automatic
identification system to transmit weather, ice, and other
important navigation safety information to vessels.
SEC. 229. E-LORAN.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating may not carry out activities
related to the dismantling or disposal of infrastructure that
supported the former LORAN system until the later of--
(1) the date that is 1 year after the date of enactment of
this Act; or
(2) the date on which the Secretary provides to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate notice of a determination by
the Secretary that such infrastructure is not required to
provide a positioning, navigation, and timing system to
provide redundant capability in the event GPS signals are
disrupted.
(b) Exception.--Subsection (a) does not apply to activities
necessary for the safety of human life.
(c) Agreements.--The Secretary may enter into cooperative
agreements, contracts, and other agreements with Federal
entities and other public or private entities, including
academic entities, to develop a positioning, navigation, and
timing system, including an enhanced LORAN system, to provide
redundant capability in the event GPS signals are disrupted.
SEC. 230. ANALYSIS OF RESOURCE DEFICIENCIES WITH RESPECT TO
MARITIME BORDER SECURITY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Commandant of the Coast Guard
shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Homeland Security of the House of Representatives a report
describing any Coast Guard resource deficiencies related to--
(1) securing maritime borders with respect to the Great
Lakes and the coastal areas of the Southeastern and
Southwestern United States, including with respect to
Florida, California, Puerto Rico, and the United States
Virgin Islands;
(2) patrolling and monitoring maritime approaches to the
areas described in paragraph (1); and
(3) patrolling and monitoring relevant portions of the
Western Hemisphere Drug Transit Zone.
(b) Scope.--In preparing the report under subsection (a),
the Commandant shall consider, at a minimum--
(1) the Coast Guard's statutory missions with respect to
migrant interdiction, drug interdiction, defense readiness,
living marine resources, and ports, waterways, and coastal
security;
(2) whether Coast Guard missions are being executed to meet
national performance targets set under the National Drug
Control Strategy;
(3) the number and types of cutters and other vessels
required to effectively execute Coast Guard missions;
(4) the number and types of aircraft, including unmanned
aircraft, required to effectively execute Coast Guard
missions;
(5) the number of assets that require upgraded sensor and
communications systems to effectively execute Coast Guard
missions;
(6) the Deployable Specialized Forces required to
effectively execute Coast Guard missions; and
(7) whether additional shoreside facilities are required to
accommodate Coast Guard personnel and assets in support of
Coast Guard missions.
SEC. 231. MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE
SYSTEM.
(a) Report.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the
implementation of the Rescue 21 project in Alaska and in
Coast Guard sectors Upper Mississippi River, Lower
Mississippi River, and Ohio River Valley.
(b) Contents.--The report required under subsection (a)
shall--
(1) describe what improvements are being made to the
distress response system in the areas specified in subsection
(a), including information on which areas will receive
digital selective calling and direction finding capability;
(2) describe the impediments to installing digital
selective calling and direction finding capability in areas
where such technology will not be installed;
(3) identify locations in the areas specified in subsection
(a) where communication gaps will continue to present a risk
to mariners after completion of the Rescue 21 project;
(4) include a list of all reported marine accidents,
casualties, and fatalities occurring in the locations
identified under paragraph (3) since 1990; and
(5) provide an estimate of the costs associated with
installing the technology necessary to close communication
gaps in the locations identified under paragraph (3).
SEC. 232. REPORT RECONCILING MAINTENANCE AND OPERATIONAL
PRIORITIES ON THE MISSOURI RIVER.
Not later than 1 year after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that outlines a
course of action to reconcile general maintenance priorities
for cutters with operational priorities on the Missouri
River.
SEC. 233. MARITIME SEARCH AND RESCUE ASSISTANCE POLICY
ASSESSMENT.
(a) In General.--The Commandant of the Coast Guard shall
assess the Maritime Search and Rescue Assistance Policy as it
relates to State and local responders.
(b) Scope.--The assessment under subsection (a) shall
consider, at a minimum--
(1) the extent to which Coast Guard search and rescue
coordinators have entered into domestic search and rescue
agreements with State and local responders under the National
Search and Rescue Plan;
(2) whether the domestic search and rescue agreements
include the Maritime Search and Rescue Assistance Policy; and
(3) the extent to which Coast Guard sectors coordinate with
911 emergency centers, including ensuring the dissemination
of appropriate maritime distress check-sheets.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Commandant of the Coast Guard
shall submit a report on the assessment under subsection (a)
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. REPEAL.
Chapter 555 of title 46, United States Code, is amended--
(1) by repealing section 55501;
(2) by redesignating section 55502 as section 55501; and
(3) in the analysis by striking the items relating to
sections 55501 and 55502 and inserting the following:
``55501. United States Committee on the Marine Transportation
System.''.
SEC. 302. DONATION OF HISTORICAL PROPERTY.
Section 51103 of title 46, United States Code, is amended
by adding at the end the following:
``(e) Donation for Historical Purposes.--
``(1) In general.--The Secretary may convey the right,
title, and interest of the United States Government in any
property administered by the Maritime Administration, except
real estate or vessels, if--
``(A) the Secretary determines that such property is not
needed by the Maritime Administration; and
``(B) the recipient--
``(i) is a nonprofit organization, a State, or a political
subdivision of a State;
``(ii) agrees to hold the Government harmless for any
claims arising from exposure to hazardous materials,
including asbestos, polychlorinated biphenyls, or lead paint,
after conveyance of the property;
``(iii) provides a description and explanation of the
intended use of the property to the Secretary for approval;
``(iv) has provided to the Secretary proof, as determined
by the Secretary, of resources sufficient to accomplish the
intended use provided under clause (iii) and to maintain the
property;
``(v) agrees that when the recipient no longer requires the
property, the recipient shall--
[[Page 16471]]
``(I) return the property to the Secretary, at the
recipient's expense and in the same condition as received
except for ordinary wear and tear; or
``(II) subject to the approval of the Secretary, retain,
sell, or otherwise dispose of the property in a manner
consistent with applicable law; and
``(vi) agrees to any additional terms the Secretary
considers appropriate.
``(2) Reversion.--The Secretary shall include in any
conveyance under this subsection terms under which all right,
title, and interest conveyed by the Secretary shall revert to
the Government if the Secretary determines the property has
been used other than as approved by the Secretary under
paragraph (1)(B)(iii).''.
SEC. 303. SMALL SHIPYARDS.
Section 54101(i) of title 46, United States Code, is
amended by striking ``2009 through 2013'' and inserting
``2015 through 2017''.
SEC. 304. DRUG TESTING REPORTING.
Section 7706 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting ``an applicant for
employment by a Federal agency,'' after ``Federal agency,'';
and
(2) in subsection (c), by--
(A) inserting ``or an applicant for employment by a Federal
agency'' after ``an employee''; and
(B) striking ``the employee.'' and inserting ``the employee
or the applicant.''.
SEC. 305. OPPORTUNITIES FOR SEA SERVICE VETERANS.
(a) Endorsements for Veterans.--Section 7101 of title 46,
United States Code, is amended by adding at the end the
following:
``(j) The Secretary may issue a license under this section
in a class under subsection (c) to an applicant that--
``(1) has at least 3 months of qualifying service on
vessels of the uniformed services (as that term is defined in
section 101(a) of title 10) of appropriate tonnage or
horsepower within the 7-year period immediately preceding the
date of application; and
``(2) satisfies all other requirements for such a
license.''.
(b) Sea Service Letters.--
(1) In general.--Title 14, United States Code, is amended
by inserting after section 427 the following:
``Sec. 428. Sea service letters
``(a) In General.--The Secretary shall provide a sea
service letter to a member or former member of the Coast
Guard who--
``(1) accumulated sea service on a vessel of the armed
forces (as such term is defined in section 101(a) of title
10); and
``(2) requests such letter.
``(b) Deadline.--Not later than 30 days after receiving a
request for a sea service letter from a member or former
member of the Coast Guard under subsection (a), the Secretary
shall provide such letter to such member or former member if
such member or former member satisfies the requirement under
subsection (a)(1).''.
(2) Clerical amendment.--The analysis for chapter 11 of
title 14, United States Code, is amended by inserting after
the item relating to section 427 the following:
``428. Sea service letters.''.
(c) Crediting of United States Armed Forces Service,
Training, and Qualifications.--
(1) Maximizing creditability.--The Secretary of the
department in which the Coast Guard is operating, in
implementing United States merchant mariner license,
certification, and document laws and the International
Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, shall maximize the extent
to which United States Armed Forces service, training, and
qualifications are creditable toward meeting the requirements
of such laws and such Convention.
(2) Notification.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall notify the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the steps taken to
implement this subsection.
(d) Merchant Marine Post-Service Career Opportunities.--Not
later than 180 days after the date of enactment of this Act,
the Commandant of the Coast Guard shall take steps to promote
better awareness, on an ongoing basis, among Coast Guard
personnel regarding post-service use of Coast Guard training,
education, and practical experience in satisfaction of
requirements for merchant mariner credentials under section
11.213 of title 46, Code of Federal Regulations.
SEC. 306. CLARIFICATION OF HIGH-RISK WATERS.
Section 55305(e) of title 46, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``provide armed personnel aboard'' and
inserting ``reimburse, subject to the availability of
appropriations, the owners or operators of''; and
(B) by inserting ``for the cost of providing armed
personnel aboard such vessels'' before ``if''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) In this subsection, the term `high-risk waters' means
waters so designated by the Commandant of the Coast Guard in
the maritime security directive issued by the Commandant and
in effect on the date on which an applicable voyage begins,
if the Secretary of Transportation--
``(A) determines that an act of piracy occurred in the 12-
month period preceding the date the voyage begins; or
``(B) in such period, issued an advisory warning that an
act of piracy is possible in such waters.''.
SEC. 307. TECHNICAL CORRECTIONS.
(a) Title 46.--Section 2116(b)(1)(D) of title 46, United
States Code, is amended by striking ``section 93(c)'' and
inserting ``section 93(c) of title 14''.
(b) Coast Guard and Maritime Transportation Act of 2006.--
Section 304(a) of the Coast Guard and Maritime Transportation
Act of 2006 (Public Law 109-241; 33 U.S.C. 1503 note) is
amended by inserting ``and from'' before ``the United
States''.
(c) Deepwater Port Act of 1974.--Section 4(i) of the
Deepwater Port Act of 1974 (33 U.S.C. 1503(i)) is amended by
inserting ``or that will supply'' after ``be supplied with''.
SEC. 308. REPORT.
Not later than 1 year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the number of jobs, including vessel construction and
vessel operating jobs, that would be created in the United
States maritime industry each year in 2015 through 2025 if
liquified natural gas exported from the United States were
required to be carried--
(1) before December 31, 2018, on vessels documented under
the laws of the United States; and
(2) on and after such date, on vessels documented under the
laws of the United States and constructed in the United
States.
SEC. 309. FISHING SAFETY GRANT PROGRAMS.
(a) Fishing Safety Training Grant Program.--Section
4502(i)(4) of title 46, United States Code, is amended by
striking ``2010 through 2014'' and inserting ``2015 through
2017''.
(b) Fishing Safety Research Grant Program.--Section
4502(j)(4) of title 46, United States Code, is amended by
striking ``2010 through 2014'' and inserting ``2015 through
2017''.
SEC. 310. ESTABLISHMENT OF MERCHANT MARINE PERSONNEL ADVISORY
COMMITTEE.
(a) Establishment.--Chapter 81 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 8108. Merchant Marine Personnel Advisory Committee
``(a) Establishment.--The Secretary shall establish a
Merchant Marine Personnel Advisory Committee (in this section
referred to as `the Committee'). The Committee--
``(1) shall act solely in an advisory capacity to the
Secretary through the Commandant of the Coast Guard on
matters relating to personnel in the United States merchant
marine, including training, qualifications, certification,
documentation, and fitness standards, and other matters as
assigned by the Commandant;
``(2) shall review and comment on proposed Coast Guard
regulations and policies relating to personnel in the United
States merchant marine, including training, qualifications,
certification, documentation, and fitness standards;
``(3) may be given special assignments by the Secretary and
may conduct studies, inquiries, workshops, and fact finding
in consultation with individuals and groups in the private
sector and with State or local governments;
``(4) shall advise, consult with, and make recommendations
reflecting its independent judgment to the Secretary;
``(5) shall meet not less than twice each year; and
``(6) may make available to Congress recommendations that
the Committee makes to the Secretary.
``(b) Membership.--
``(1) In general.--The Committee shall consist of not more
than 19 members who are appointed by and serve terms of a
duration determined by the Secretary. Before filling a
position on the Committee, the Secretary shall publish a
notice in the Federal Register soliciting nominations for
membership on the Committee.
``(2) Required members.--Subject to paragraph (3), the
Secretary shall appoint as members of the Committee--
``(A) 9 United States citizens with active licenses or
certificates issued under chapter 71 or merchant mariner
documents issued under chapter 73, including--
``(i) 3 deck officers who represent the viewpoint of
merchant marine deck officers, of whom--
``(I) 2 shall be licensed for oceans any gross tons;
``(II) 1 shall be licensed for inland river route with a
limited or unlimited tonnage;
``(III) 2 shall have a master's license or a master of
towing vessels license;
``(IV) 1 shall have significant tanker experience; and
``(V) to the extent practicable--
``(aa) 1 shall represent the viewpoint of labor; and
[[Page 16472]]
``(bb) another shall represent a management perspective;
``(ii) 3 engineering officers who represent the viewpoint
of merchant marine engineering officers, of whom--
``(I) 2 shall be licensed as chief engineer any horsepower;
``(II) 1 shall be licensed as either a limited chief
engineer or a designated duty engineer; and
``(III) to the extent practicable--
``(aa) 1 shall represent a labor viewpoint; and
``(bb) another shall represent a management perspective;
``(iii) 2 unlicensed seamen, of whom--
``(I) 1 shall represent the viewpoint of able-bodied
seamen; and
``(II) another shall represent the viewpoint of qualified
members of the engine department; and
``(iv) 1 pilot who represents the viewpoint of merchant
marine pilots;
``(B) 6 marine educators, including--
``(i) 3 marine educators who represent the viewpoint of
maritime academies, including--
``(I) 2 who represent the viewpoint of State maritime
academies and are jointly recommended by such State maritime
academies; and
``(II) 1 who represents either the viewpoint of the State
maritime academies or the United States Merchant Marine
Academy; and
``(ii) 3 marine educators who represent the viewpoint of
other maritime training institutions, 1 of whom shall
represent the viewpoint of the small vessel industry;
``(C) 2 individuals who represent the viewpoint of shipping
companies employed in ship operation management; and
``(D) 2 members who are appointed from the general public.
``(3) Consultation.--The Secretary shall consult with the
Secretary of Transportation in making an appointment under
paragraph (2)(B)(i)(II).
``(c) Chairman and Vice Chairman.--The Secretary shall
designate one member of the Committee as the Chairman and one
member of the Committee as the Vice Chairman. The Vice
Chairman shall act as Chairman in the absence or incapacity
of the Chairman, or in the event of a vacancy in the office
of the Chairman.
``(d) Subcommittees.--The Committee may establish and
disestablish subcommittees and working groups for any purpose
consistent with this section, subject to conditions imposed
by the Committee. Members of the Committee and additional
persons drawn from the general public may be assigned to such
subcommittees and working groups. Only Committee members may
chair subcommittee or working groups.
``(e) Termination.--The Committee shall terminate on
September 30, 2020.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``8108. Merchant Marine Personnel Advisory Committee.''.
SEC. 311. TRAVEL AND SUBSISTENCE COSTS FOR PREVENTION
SERVICES.
(a) Title 46, United States Code.--Section 2110 of title
46, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) In addition to the collection of fees and charges
established under subsection (a), in providing a service or
thing of value under this subtitle the Secretary may accept
in-kind transportation, travel, and subsistence.
``(2) The value of in-kind transportation, travel, and
subsistence accepted under this paragraph may not exceed
applicable per diem rates set forth in regulations prescribed
under section 464 of title 37.''; and
(2) in subsection (c), by striking ``subsections (a) and
(b),'' and inserting ``subsection (a),''.
(b) Title 14, United States Code.--Section 664 of title 14,
United States Code, is amended by redesignating subsections
(e) though (g) as subsections (f) through (h), respectively,
and by inserting after subsection (d) the following:
``(e)(1) In addition to the collection of fees and charges
established under this section, in the provision of a service
or thing of value by the Coast Guard the Secretary may accept
in-kind transportation, travel, and subsistence.
``(2) The value of in-kind transportation, travel, and
subsistence accepted under this paragraph may not exceed
applicable per diem rates set forth in regulations prescribed
under section 464 of title 37.''.
(c) Limitation.--The Secretary of the Department in which
the Coast Guard is operating may not accept in-kind
transportation, travel, or subsistence under section 664(e)
of title 14, United States Code, or section 2110(d)(4) of
title 46, United States Code, as amended by this section,
until the Commandant of the Coast Guard--
(1) amends the Standards of Ethical Conduct for members and
employees of the Coast Guard to include regulations governing
the acceptance of in-kind reimbursements; and
(2) notifies the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of the amendments made under paragraph (1).
SEC. 312. PROMPT INTERGOVERNMENTAL NOTICE OF MARINE
CASUALTIES.
Section 6101 of title 46, United States Code, is amended--
(1) by inserting after subsection (b) the following:
``(c) Notice to State and Tribal Governments.--Not later
than 24 hours after receiving a notice of a major marine
casualty under this section, the Secretary shall notify each
State or federally recognized Indian tribe that is, or may
reasonably be expected to be, affected by such marine
casualty.'';
(2) in subsection (h)--
(A) by striking ``(1)''; and
(B) by redesignating subsection (h)(2) as subsection (i) of
section 6101, and in such subsection--
(i) by striking ``paragraph,'' and inserting ``section,'';
and
(ii) by redesignating subparagraphs (A) through (D) as
paragraphs (1) through (4); and
(3) by redesignating the last subsection as subsection (j).
SEC. 313. AREA CONTINGENCY PLANS.
Section 311(j)(4) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(j)(4)) is amended--
(1) in subparagraph (A), by striking ``qualified personnel
of Federal, State, and local agencies.'' and inserting
``qualified--
``(i) personnel of Federal, State, and local agencies; and
``(ii) members of federally recognized Indian tribes, where
applicable.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``and local'' and inserting ``, local, and
tribal''; and
(B) by striking ``wildlife;'' and inserting ``wildlife,
including advance planning with respect to the closing and
reopening of fishing areas following a discharge;'';
(3) in subparagraph (B)(iii), by striking ``and local'' and
inserting ``, local, and tribal''; and
(4) in subparagraph (C)--
(A) in clause (iv), by striking ``and Federal, State, and
local agencies'' and inserting ``, Federal, State, and local
agencies, and tribal governments'';
(B) by redesignating clauses (vii) and (viii) as clauses
(viii) and (ix), respectively; and
(C) by inserting after clause (vi) the following:
``(vii) include a framework for advance planning and
decisionmaking with respect to the closing and reopening of
fishing areas following a discharge, including protocols and
standards for the closing and reopening of fishing areas;''.
SEC. 314. INTERNATIONAL ICE PATROL REFORM.
(a) In General.--Chapter 803 of title 46, United States
Code, is amended--
(1) in section 80301, by adding at the end the following:
``(c) Payments.--Payments received pursuant to subsection
(b)(1) shall be credited to the appropriation for operating
expenses of the Coast Guard.'';
(2) in section 80302--
(A) in subsection (b), by striking ``An ice patrol vessel''
and inserting ``The ice patrol'';
(B) in subsection (c)(1), by striking ``An ice patrol
vessel'' and inserting ``The ice patrol''; and
(C) in the first sentence of subsection (d), by striking
``vessels'' and inserting ``aircraft''; and
(3) by adding at the end the following:
``Sec. 80304. Limitation on ice patrol data
``Notwithstanding sections 80301 and 80302, data collected
by an ice patrol conducted by the Coast Guard under this
chapter may not be disseminated to a vessel unless such
vessel is--
``(1) documented under the laws of the United States; or
``(2) documented under the laws of a foreign country that
made the payment or contribution required under section
80301(b) for the year preceding the year in which the data is
collected.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``80304. Limitation on ice patrol data.''.
(c) Effective Date.--This section shall take effect on
January 1, 2017.
SEC. 315. OFFSHORE SUPPLY VESSEL THIRD-PARTY INSPECTION.
Section 3316 of title 46, United States Code, is amended by
redesignating subsection (f) as subsection (g), and by
inserting after subsection (e) the following:
``(f)(1) Upon request of an owner or operator of an
offshore supply vessel, the Secretary shall delegate the
authorities set forth in paragraph (1) of subsection (b) with
respect to such vessel to a classification society to which a
delegation is authorized under that paragraph. A delegation
by the Secretary under this subsection shall be used for any
vessel inspection and examination function carried out by the
Secretary, including the issuance of certificates of
inspection and all other related documents.
``(2) If the Secretary determines that a certificate of
inspection or related document issued under authority
delegated under paragraph (1) of this subsection with respect
to a vessel has reduced the operational safety of that
vessel, the Secretary may terminate the certificate or
document, respectively.
[[Page 16473]]
``(3) Not later than 2 years after the date of the
enactment of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014, and for each year of the
subsequent 2-year period, the Secretary shall provide to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing--
``(A) the number of vessels for which a delegation was made
under paragraph (1);
``(B) any savings in personnel and operational costs
incurred by the Coast Guard that resulted from the
delegations; and
``(C) based on measurable marine casualty and other data,
any impacts of the delegations on the operational safety of
vessels for which the delegations were made, and on the crew
on those vessels.''.
SEC. 316. WATCHES.
Section 8104 of title 46, United States Code, is amended--
(1) in subsection (d), by striking ``coal passers, firemen,
oilers, and water tenders'' and inserting ``and oilers''; and
(2) in subsection (g)(1), by striking ``(except the coal
passers, firemen, oilers, and water tenders)''.
SEC. 317. COAST GUARD RESPONSE PLAN REQUIREMENTS.
(a) Vessel Response Plan Contents.--The Secretary of the
department in which the Coast Guard is operating shall
require that each vessel response plan prepared for a mobile
offshore drilling unit includes information from the facility
response plan prepared for the mobile offshore drilling unit
regarding the planned response to a worst case discharge, and
to a threat of such a discharge.
(b) Definitions.--In this section:
(1) Mobile offshore drilling unit.--The term ``mobile
offshore drilling unit'' has the meaning given that term in
section 1001 of the Oil Pollution Act of 1990 (33 U.S.C.
2701).
(2) Response plan.--The term ``response plan'' means a
response plan prepared under section 311(j) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(j)).
(3) Worst case discharge.--The term ``worst case
discharge'' has the meaning given that term under section
311(a) of the Federal Water Pollution Control Act (33 U.S.C.
1321(a)).
(c) Rule of Construction.--Nothing in this section shall be
construed to require the Coast Guard to review or approve a
facility response plan for a mobile offshore drilling unit.
SEC. 318. REGIONAL CITIZENS' ADVISORY COUNCIL.
Section 5002(k)(3) of the Oil Pollution Act of 1990 (33
U.S.C. 2732(k)(3)) is amended by striking ``not more than
$1,000,000'' and inserting ``not less than $1,400,000''.
SEC. 319. UNINSPECTED PASSENGER VESSELS IN THE UNITED STATES
VIRGIN ISLANDS.
(a) In General.--Section 4105 of title 46, United States
Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b)(1) In applying this title with respect to an
uninspected vessel of less than 24 meters overall in length
that carries passengers to or from a port in the United
States Virgin Islands, the Secretary shall substitute `12
passengers' for `6 passengers' each place it appears in
section 2101(42) if the Secretary determines that the vessel
complies with, as applicable to the vessel--
``(A) the Code of Practice for the Safety of Small
Commercial Motor Vessels (commonly referred to as the `Yellow
Code'), as published by the U.K. Maritime and Coastguard
Agency and in effect on January 1, 2014; or
``(B) the Code of Practice for the Safety of Small
Commercial Sailing Vessels (commonly referred to as the `Blue
Code'), as published by such agency and in effect on such
date.
``(2) If the Secretary establishes standards to carry out
this subsection--
``(A) such standards shall be identical to those
established in the Codes of Practice referred to in paragraph
(1); and
``(B) on any dates before the date on which such standards
are in effect, the Codes of Practice referred to in paragraph
(1) shall apply with respect to the vessels referred to in
paragraph (1).''.
(b) Technical Correction.--Section 4105(c) of title 46,
United States Code, as redesignated by subsection (a)(1) of
this section, is amended by striking ``Within twenty-four
months of the date of enactment of this subsection, the'' and
inserting ``The''.
SEC. 320. TREATMENT OF ABANDONED SEAFARERS.
(a) In General.--Chapter 111 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 11113. Treatment of abandoned seafarers
``(a) Abandoned Seafarers Fund.--
``(1) Establishment.--There is established in the Treasury
a separate account to be known as the Abandoned Seafarers
Fund.
``(2) Authorized uses.--Amounts in the Fund may be
appropriated to the Secretary for use--
``(A) to pay necessary support of a seafarer--
``(i) who--
``(I) was paroled into the United States under section
212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5)), or for whom the Secretary has requested parole
under such section; and
``(II) is involved in an investigation, reporting,
documentation, or adjudication of any matter that is related
to the administration or enforcement of law by the Coast
Guard; or
``(ii) who--
``(I) is physically present in the United States;
``(II) the Secretary determines was abandoned in the United
States; and
``(III) has not applied for asylum under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.); and
``(B) to reimburse a vessel owner or operator for the costs
of necessary support of a seafarer who has been paroled into
the United States to facilitate an investigation, reporting,
documentation, or adjudication of any matter that is related
to the administration or enforcement of law by the Coast
Guard, if--
``(i) the vessel owner or operator is not convicted of a
criminal offense related to such matter; or
``(ii) the Secretary determines that reimbursement is
appropriate.
``(3) Crediting of amounts to fund.--
``(A) In general.--Except as provided in subparagraph (B),
there shall be credited to the Fund the following:
``(i) Penalties deposited in the Fund under section 9 of
the Act to Prevent Pollution from Ships (33 U.S.C. 1908).
``(ii) Amounts reimbursed or recovered under subsection
(c).
``(B) Limitation.--Amounts may be credited to the Fund
under subparagraph (A) only if the unobligated balance of the
Fund is less than $5,000,000.
``(4) Report required.--On the date on which the President
submits each budget for a fiscal year pursuant to section
1105 of title 31, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that describes--
``(A) the amounts credited to the Fund under paragraph (2)
for the preceding fiscal year; and
``(B) amounts in the Fund that were expended for the
preceding fiscal year.
``(b) Limitation.--Nothing in this section shall be
construed--
``(1) to create a private right of action or any other
right, benefit, or entitlement to necessary support for any
person; or
``(2) to compel the Secretary to pay or reimburse the cost
of necessary support.
``(c) Reimbursement; Recovery.--
``(1) In general.--A vessel owner or operator shall
reimburse the Fund an amount equal to the total amount paid
from the Fund for necessary support of a seafarer, if--
``(A) the vessel owner or operator--
``(i) during the course of an investigation, reporting,
documentation, or adjudication of any matter under this Act
that the Coast Guard referred to a United States attorney or
the Attorney General, fails to provide necessary support of a
seafarer who was paroled into the United States to facilitate
the investigation, reporting, documentation, or adjudication;
and
``(ii) subsequently is--
``(I) convicted of a criminal offense related to such
matter; or
``(II) required to reimburse the Fund pursuant to a court
order or negotiated settlement related to such matter; or
``(B) the vessel owner or operator abandons a seafarer in
the United States, as determined by the Secretary based on
substantial evidence.
``(2) Enforcement.--If a vessel owner or operator fails to
reimburse the Fund under paragraph (1) within 60 days after
receiving a written, itemized description of reimbursable
expenses and a demand for payment, the Secretary may--
``(A) proceed in rem against the vessel on which the
seafarer served in the Federal district court for the
district in which the vessel is found; and
``(B) withhold or revoke the clearance required under
section 60105 for the vessel and any other vessel operated by
the same operator (as that term is defined in section 2(9)(a)
of the Act to Prevent Pollution from Ships (33 U.S.C.
1901(9)(a)) as the vessel on which the seafarer served.
``(3) Obtaining clearance.--A vessel may obtain clearance
from the Secretary after it is withheld or revoked under
paragraph (2)(B) if the vessel owner or operator--
``(A) reimburses the Fund the amount required under
paragraph (1); or
``(B) provides a bond, or other evidence of financial
responsibility, sufficient to meet the amount required to be
reimbursed under paragraph (1).
``(4) Notification required.--The Secretary shall notify
the vessel at least 72 hours before taking any action under
paragraph (2)(B).
``(d) Definitions.--In this section:
``(1) Abandons; abandoned.--Each of the terms `abandons'
and `abandoned' means--
``(A) a vessel owner's or operator's unilateral severance
of ties with a seafarer; or
``(B) a vessel owner's or operator's failure to provide
necessary support of a seafarer.
[[Page 16474]]
``(2) Fund.--The term `Fund' means the Abandoned Seafarers
Fund established under this section.
``(3) Necessary support.--The term `necessary support'
means normal wages and expenses the Secretary considers
reasonable for lodging, subsistence, clothing, medical care
(including hospitalization), repatriation, and any other
support the Secretary considers to be appropriate.
``(4) Seafarer.--The term `seafarer' means an alien crew
member who is employed or engaged in any capacity on board a
vessel subject to the jurisdiction of the United States.
``(5) Vessel subject to the jurisdiction of the united
states.--The term `vessel subject to the jurisdiction of the
United States' has the meaning given that term in section
70502(c), except that it does not include a vessel that is--
``(A) owned, or operated under a bareboat charter, by the
United States, a State or political subdivision thereof, or a
foreign nation; and
``(B) not engaged in commerce.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``11113. Treatment of abandoned seafarers.''.
(c) Conforming Amendment.--Section 9 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1908) is amended by adding at
the end the following:
``(g) Any penalty collected under subsection (a) or (b)
that is not paid under that subsection to the person giving
information leading to the conviction or assessment of such
penalties shall be deposited in the Abandoned Seafarers Fund
established under section 11113 of title 46, United States
Code.''.
SEC. 321. ENFORCEMENT.
(a) In General.--Section 55305(d) of title 46, United
States Code, is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Each department or agency that has responsibility for
a program under this section shall administer that program
consistent with this section and any regulations and guidance
issued by the Secretary of Transportation concerning this
section.'';
(2) by redesignating paragraph (2) as paragraph (3), and by
inserting after paragraph (1) the following:
``(2)(A) The Secretary shall have exclusive authority for
determining the applicability of this section to a program of
a Federal department or agency.
``(B) The head of a Federal department or agency shall
request the Secretary to determine the applicability of this
section to a program of such department or agency if the
department or agency is uncertain of such applicability. Not
later than 30 days after receiving such a request, the
Secretary shall make such determination.
``(C) Subparagraph (B) shall not be construed to limit the
authority of the Secretary to make a determination regarding
the applicability of this section to a program administered
by a Federal department or agency.
``(D) A determination made by the Secretary under this
paragraph regarding a program shall remain in effect until
the Secretary determines that this section no longer applies
to such program.'';
(3) in paragraph (3), as so redesignated, by amending
subparagraph (A) to read as follows:
``(A) shall conduct an annual review of the administration
of programs subject to the requirements of this section to
determine compliance with the requirements of this
section;''; and
(4) by adding at the end the following:
``(4) On the date on which the President submits to
Congress a budget pursuant to section 1105 of title 31, the
Secretary shall make available on the Internet website of the
Department of Transportation a report that--
``(A) lists the programs that were subject to
determinations made by the Secretary under paragraph (2) in
the preceding year; and
``(B) describes the results of the most recent annual
review required by paragraph (3)(A), including identification
of the departments and agencies that transported cargo in
violation of this section and any action the Secretary took
under paragraph (3) with respect to each violation.''.
(b) Deadline for First Review.--The Secretary of
Transportation shall complete the first review required under
the amendment made by subsection (a)(1)(C) by not later than
December 31, 2015.
(c) Conforming Amendment.--Section 3511(c) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (46 U.S.C. 55305 note) is repealed.
SEC. 322. COAST GUARD REGULATIONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives an analysis of the Coast
Guard's proposed promulgation of safety and environmental
management system requirements for vessels engaged in Outer
Continental Shelf activities. The analysis shall include--
(1) a discussion of any new operational, management, design
and construction, financial, and other mandates that would be
imposed on vessel owners and operators;
(2) an estimate of all associated direct and indirect
operational, management, personnel, training, vessel design
and construction, record keeping, and other costs;
(3) an identification and justification of any of such
proposed requirements that exceed those in international
conventions applicable to the design, construction,
operation, and management of vessels engaging in United
States Outer Continental Shelf activities; and
(4) an identification of exemptions to the proposed
requirements, that are based upon vessel classification,
tonnage, offshore activity or function, alternative
certifications, or any other appropriate criteria.
(b) Limitation.--The Secretary may not issue proposed
regulations relating to safety and environmental management
system requirements for vessels on the United States Outer
Continental Shelf for which noticed was published on
September 10, 2013 (78 Fed. Reg. 55230) earlier than 6 months
after the submittal of the analysis required by subsection
(a).
SEC. 323. WEBSITE.
(a) Reports to Secretary of Transportation; Incidents and
Details.--Section 3507(g)(3)(A) of title 46, United States
Code, is amended--
(1) in clause (ii) by striking ``the incident to an
Internet based portal maintained by the Secretary'' and
inserting ``each incident specified in clause (i) to the
Internet website maintained by the Secretary of
Transportation under paragraph (4)(A)''; and
(2) in clause (iii) by striking ``based portal maintained
by the Secretary'' and inserting ``website maintained by the
Secretary of Transportation under paragraph (4)(A)''.
(b) Availability of Incident Data on Internet.--Section
3507(g)(4) of title 46, United States Code, is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Website.--
``(i) In general.--The Secretary of Transportation shall
maintain a statistical compilation of all incidents on board
a cruise vessel specified in paragraph (3)(A)(i) on an
Internet website that provides a numerical accounting of the
missing persons and alleged crimes reported under that
paragraph without regard to the investigative status of the
incident.
``(ii) Updates and other requirements.--The compilation
under clause (i) shall--
``(I) be updated not less frequently than quarterly;
``(II) be able to be sorted by cruise line;
``(III) identify each cruise line by name;
``(IV) identify each crime or alleged crime committed or
allegedly committed by a passenger or crewmember; and
``(V) identify the number of individuals alleged overboard.
``(iii) User-friendly format.--The Secretary of
Transportation shall ensure that the compilation, data, and
any other information provided on the Internet website
maintained under this subparagraph are in a user-friendly
format.''; and
(2) in subparagraph (B) by striking ``Secretary'' and
inserting ``Secretary of Transportation''.
TITLE IV--FEDERAL MARITIME COMMISSION
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Federal
Maritime Commission $24,700,000 for fiscal year 2015.
SEC. 402. AWARD OF REPARATIONS.
Section 41305 of title 46, United States Code, is amended--
(1) in subsection (b), by striking ``, plus reasonable
attorney fees''; and
(2) by adding at the end the following:
``(e) Attorney Fees.--In any action brought under section
41301, the prevailing party may be awarded reasonable
attorney fees.''.
SEC. 403. TERMS OF COMMISSIONERS.
(a) In General.--Section 301(b) of title 46, United States
Code, is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Terms.--The term of each Commissioner is 5 years.
When the term of a Commissioner ends, the Commissioner may
continue to serve until a successor is appointed and
qualified, but for a period not to exceed one year. Except as
provided in paragraph (3), no individual may serve more than
2 terms.''; and
(2) by redesignating paragraph (3) as paragraph (5), and
inserting after paragraph (2) the following:
``(3) Vacancies.--A vacancy shall be filled in the same
manner as the original appointment. An individual appointed
to fill a vacancy is appointed only for the unexpired term of
the individual being succeeded. An individual appointed to
fill a vacancy may serve 2 terms in addition to the remainder
of the term for which the predecessor of that individual was
appointed.
``(4) Conflicts of interest.--
``(A) Limitation on relationships with regulated
entities.--A Commissioner may
[[Page 16475]]
not have a pecuniary interest in, hold an official relation
to, or own stocks or bonds of any entity the Commission
regulates under chapter 401 of this title.
``(B) Limitation on other activities.--A Commissioner may
not engage in another business, vocation, or employment.''.
(b) Applicability.--The amendment made by subsection (a)(1)
does not apply with respect to a Commissioner of the Federal
Maritime Commission appointed and confirmed by the Senate
before the date of the enactment of this Act.
TITLE V--ARCTIC MARITIME TRANSPORTATION
SEC. 501. ARCTIC MARITIME TRANSPORTATION.
(a) Arctic Maritime Transportation.--Chapter 5 of title 14,
United States Code, is amended by inserting after section 89
the following:
``Sec. 90. Arctic maritime transportation
``(a) Purpose.--The purpose of this section is to ensure
safe and secure maritime shipping in the Arctic including the
availability of aids to navigation, vessel escorts, spill
response capability, and maritime search and rescue in the
Arctic.
``(b) International Maritime Organization Agreements.--To
carry out the purpose of this section, the Secretary is
encouraged to enter into negotiations through the
International Maritime Organization to conclude and execute
agreements to promote coordinated action among the United
States, Russia, Canada, Iceland, Norway, and Denmark and
other seafaring and Arctic nations to ensure, in the Arctic--
``(1) placement and maintenance of aids to navigation;
``(2) appropriate marine safety, tug, and salvage
capabilities;
``(3) oil spill prevention and response capability;
``(4) maritime domain awareness, including long-range
vessel tracking; and
``(5) search and rescue.
``(c) Coordination by Committee on the Maritime
Transportation System.--The Committee on the Maritime
Transportation System established under section 55501 of
title 46, United States Code, shall coordinate the
establishment of domestic transportation policies in the
Arctic necessary to carry out the purpose of this section.
``(d) Agreements and Contracts.--The Secretary may, subject
to the availability of appropriations, enter into cooperative
agreements, contracts, or other agreements with, or make
grants to, individuals and governments to carry out the
purpose of this section or any agreements established under
subsection (b).
``(e) Icebreaking.--The Secretary shall promote safe
maritime navigation by means of icebreaking where necessary,
feasible, and effective to carry out the purposes of this
section.
``(f) Arctic Definition.--In this section, the term
`Arctic' has the meaning given such term in section 112 of
the Arctic Research and Policy Act of 1984 (15 U.S.C.
4111).''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 89
the following:
``90. Arctic maritime transportation''.
(c) Conforming Amendment.--Section 307 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281; 14 U.S.C. 92
note) is repealed.
SEC. 502. ARCTIC MARITIME DOMAIN AWARENESS.
(a) In General.--Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 154. Arctic maritime domain awareness
``(a) In General.--The Commandant shall improve maritime
domain awareness in the Arctic--
``(1) by promoting interagency cooperation and
coordination;
``(2) by employing joint, interagency, and international
capabilities; and
``(3) by facilitating the sharing of information,
intelligence, and data related to the Arctic maritime domain
between the Coast Guard and departments and agencies listed
in subsection (b).
``(b) Coordination.--The Commandant shall seek to
coordinate the collection, sharing, and use of information,
intelligence, and data related to the Arctic maritime domain
between the Coast Guard and the following:
``(1) The Department of Homeland Security.
``(2) The Department of Defense.
``(3) The Department of Transportation.
``(4) The Department of State.
``(5) The Department of the Interior.
``(6) The National Aeronautics and Space Administration.
``(7) The National Oceanic and Atmospheric Administration.
``(8) The Environmental Protection Agency.
``(9) The National Science Foundation.
``(10) The Arctic Research Commission.
``(11) Any Federal agency or commission or State the
Commandant determines is appropriate.
``(c) Cooperation.--The Commandant and the head of a
department or agency listed in subsection (b) may by
agreement, on a reimbursable basis or otherwise, share
personnel, services, equipment, and facilities to carry out
the requirements of this section.
``(d) 5-Year Strategic Plan.--Not later than January 1,
2016 and every 5 years thereafter, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a 5-year strategic plan to guide interagency
and international intergovernmental cooperation and
coordination for the purpose of improving maritime domain
awareness in the Arctic
``(e) Definitions.--In this section the term `Arctic' has
the meaning given that term in section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111).''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 153
the following:
``154. Arctic maritime domain awareness.''.
SEC. 503. IMO POLAR CODE NEGOTIATIONS.
Not later than 30 days after the date of the enactment of
this Act, and thereafter with the submission of the budget
proposal submitted for each of fiscal years 2016, 2017, and
2018 under section 1105 of title 31, United States Code, the
Secretary of the department in which the Coast Guard is
operating shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, a report on--
(1) the status of the negotiations at the International
Maritime Organization regarding the establishment of a draft
international code of safety for ships operating in polar
waters, popularly known as the Polar Code, and any amendments
proposed by such a code to be made to the International
Convention for the Safety of Life at Sea and the
International Convention for the Prevention of Pollution from
Ships;
(2) the coming into effect of such a code and such
amendments for nations that are parties to those conventions;
(3) impacts, for coastal communities located in the Arctic
(as that term is defined in the section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111)) of such a
code or such amendments, on--
(A) the costs of delivering fuel and freight; and
(B) the safety of maritime transportation; and
(4) actions the Secretary must take to implement the
requirements of such a code and such amendments.
SEC. 504. FORWARD OPERATING FACILITIES.
The Secretary of the department in which the Coast Guard is
operating may construct facilities in the Arctic (as that
term is defined in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111). The facilities shall--
(1) support aircraft maintenance, including exhaust
ventilation, heat, an engine wash system, fuel, ground
support services, and electrical power;
(2) provide shelter for both current helicopter assets and
those projected to be located at Air Station Kodiak, Alaska,
for at least 20 years; and
(3) include accommodations for personnel.
SEC. 505. ICEBREAKERS.
(a) Coast Guard Polar Icebreakers.--Section 222 of the
Coast Guard and Maritime Transportation Act of 2012 (Public
Law 112-213; 126 Stat. 1560) is amended--
(1) in subsection (d)(2)--
(A) in the paragraph heading by striking ``; bridging
strategy''; and
(B) by striking ``Commandant of the Coast Guard'' and all
that follows through the period at the end and inserting
``Commandant of the Coast Guard may decommission the Polar
Sea.'';
(2) by adding at the end of subsection (d) the following:
``(3) Result of no determination.--If in the analysis
submitted under this section the Secretary does not make a
determination under subsection (a)(5) regarding whether it is
cost effective to reactivate the Polar Sea, then--
``(A) the Commandant of the Coast Guard may decommission
the Polar Sea; or
``(B) the Secretary may make such determination, not later
than 90 days after the date of the enactment of Howard Coble
Coast Guard and Maritime Transportation Act of 2014, and take
actions in accordance with this subsection as though such
determination was made in the analysis previously
submitted.'';
(3) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(4) by inserting after subsection (d) the following:
``(e) Strategies.--
``(1) In general.--Not later than 180 days after the date
on which the analysis required under subsection (a) is
submitted, the Commandant of the Coast Guard shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate--
``(A) unless the Secretary makes a determination under this
section that it is cost effective to reactivate the Polar
Sea, a bridging strategy for maintaining the Coast Guard's
polar icebreaking services until at least September 30, 2024;
``(B) a strategy to meet the Coast Guard's Arctic ice
operations needs through September 30, 2050; and
[[Page 16476]]
``(C) a strategy to meet the Coast Guard's Antarctic ice
operations needs through September 30, 2050.
``(2) Requirement.--The strategies required under paragraph
(1) shall include a business case analysis comparing the
leasing and purchasing of icebreakers to maintain the needs
and services described in that paragraph.''.
(b) Cutter ``Polar Sea''.--Upon the submission of a service
life extension plan in accordance with section 222(d)(1)(C)
of the Coast Guard and Maritime Transportation Act of 2012
(Public Law 112-213; 126 Stat. 1560), the Secretary of the
department in which the Coast Guard is operating may use
funds authorized under section 101 of this Act to conduct a
service life extension of 7 to 10 years for the Coast Guard
Cutter Polar Sea (WAGB 11) in accordance with such plan.
(c) Limitation.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating may not expend amounts
appropriated for the Coast Guard for any of fiscal years 2015
through 2024, for--
(A) design activities related to a capability of a Polar-
Class Icebreaker that is based solely on an operational
requirement of another Federal department or agency, except
for amounts appropriated for design activities for a fiscal
year before fiscal year 2016; or
(B) long-lead-time materials, production, or post-delivery
activities related to such a capability.
(2) Other amounts.--Amounts made available to the Secretary
under an agreement with another Federal department or agency
and expended on a capability of a Polar-Class Icebreaker that
is based solely on an operational requirement of that or
another Federal department or agency shall not be treated as
amounts expended by the Secretary for purposes of the
limitation established under paragraph (1).
SEC. 506. ICEBREAKING IN POLAR REGIONS.
(a) In General.--Chapter 5 of title 14, United States Code,
is amended by inserting after section 86 the following:
``Sec. 87. Icebreaking in polar regions
``The President shall facilitate planning for the design,
procurement, maintenance, deployment, and operation of
icebreakers as needed to support the statutory missions of
the Coast Guard in the polar regions by allocating all funds
to support icebreaking operations in such regions, except for
recurring incremental costs associated with specific
projects, to the Coast Guard.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 86
the following:
``87. Icebreaking in polar regions.''.
TITLE VI--MISCELLANEOUS
SEC. 601. DISTANT WATER TUNA FLEET.
Section 421 of the Coast Guard and Maritime Transportation
Act of 2006 (46 U.S.C. 8103 note) is amended--
(1) by striking subsections (c) and (e); and
(2) by redesignating subsections (d) and (f) as subsections
(c) and (d), respectively.
SEC. 602. EXTENSION OF MORATORIUM.
Section 2(a) of Public Law 110-299 (33 U.S.C. 1342 note) is
amended by striking ``2014'' and inserting ``2015''.
SEC. 603. NATIONAL MARITIME STRATEGY.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Transportation,
in consultation with the Secretary of the department in which
the Coast Guard is operating, shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a national maritime strategy.
(b) Contents.--The strategy required under subsection (a)
shall--
(1) identify--
(A) Federal regulations and policies that reduce the
competitiveness of United States flag vessels in
international transportation markets; and
(B) the impact of reduced cargo flow due to reductions in
the number of members of the United States Armed Forces
stationed or deployed outside of the United States; and
(2) include recommendations to--
(A) make United States flag vessels more competitive in
shipping routes between United States and foreign ports;
(B) increase the use of United States flag vessels to carry
cargo imported to and exported from the United States;
(C) ensure compliance by Federal agencies with chapter 553
of title 46, United States Code;
(D) increase the use of third-party inspection and
certification authorities to inspect and certify vessels;
(E) increase the use of short sea transportation routes,
including routes designated under section 55601(c) of title
46, United States Code, to enhance intermodal freight
movements; and
(F) enhance United States shipbuilding capability.
SEC. 604. WAIVERS.
(a) ``John Craig''.--
(1) In general.--Section 8902 of title 46, United States
Code, shall not apply to the vessel John Craig (United States
official number D1110613) when such vessel is operating on
the portion of the Kentucky River, Kentucky, located at
approximately mile point 158, in Pool Number 9, between Lock
and Dam Number 9 and Lock and Dam Number 10.
(2) Application.--Paragraph (1) shall apply on and after
the date on which the Secretary of the department in which
the Coast Guard is operating determines that a licensing
requirement has been established under Kentucky State law
that applies to an operator of the vessel John Craig.
(b) ``F/V Western Challenger''.--Notwithstanding section
12132 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue a
certificate of documentation with a coastwise endorsement for
the F/V Western Challenger (IMO number 5388108).
SEC. 605. COMPETITION BY UNITED STATES FLAG VESSELS.
(a) In General.--The Commandant of the Coast Guard shall
enter into an arrangement with the National Academy of
Sciences to conduct an assessment of authorities under
subtitle II of title 46, United States Code, that have been
delegated to the Coast Guard and that impact the ability of
vessels documented under the laws of the United States to
effectively compete in international transportation markets.
(b) Review of Differences With IMO Standards.--The
assessment under subsection (a) shall include a review of
differences between United States laws, policies,
regulations, and guidance governing the inspection of vessels
documented under the laws of the United States and standards
set by the International Maritime Organization governing the
inspection of vessels.
(c) Deadline.--Not later than 180 days after the date on
which the Commandant enters into an arrangement with the
National Academy of Sciences under subsection (a), the
Commandant shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate the assessment required under such subsection.
SEC. 606. VESSEL REQUIREMENTS FOR NOTICES OF ARRIVAL AND
DEPARTURE AND AUTOMATIC IDENTIFICATION SYSTEM.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the department in which the Coast
Guard is operating shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the status of the final rule
that relates to the notice of proposed rulemaking titled
``Vessel Requirements for Notices of Arrival and Departure,
and Automatic Identification System'' and published in the
Federal Register on December 16, 2008 (73 Fed. Reg. 76295).
SEC. 607. CONVEYANCE OF COAST GUARD PROPERTY IN ROCHESTER,
NEW YORK.
(a) Conveyance Authorized.--The Commandant of the Coast
Guard is authorized to convey, at fair market value, all
right, title, and interest of the United States in and to a
parcel of real property, consisting of approximately 0.2
acres, that is under the administrative control of the Coast
Guard and located at 527 River Street in Rochester, New York.
(b) Right of First Refusal.--The City of Rochester, New
York, shall have the right of first refusal with respect to
the purchase, at fair market value, of the real property
described in subsection (a).
(c) Survey.--The exact acreage and legal description of the
property described in subsection (a) shall be determined by a
survey satisfactory to the Commandant.
(d) Fair Market Value.--The fair market value of the
property described in subsection (a) shall--
(1) be determined by appraisal; and
(2) be subject to the approval of the Commandant.
(e) Costs of Conveyance.--The responsibility for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with a conveyance under subsection (a) shall be determined by
the Commandant and the purchaser.
(f) Additional Terms and Conditions.--The Commandant may
require such additional terms and conditions in connection
with a conveyance under subsection (a) as the Commandant
considers appropriate and reasonable to protect the interests
of the United States.
(g) Deposit of Proceeds.--Any proceeds from a conveyance
under subsection (a) shall be deposited in the fund
established under section 687 of title 14, United States
Code.
SEC. 608. CONVEYANCE OF CERTAIN PROPERTY IN GIG HARBOR,
WASHINGTON.
(a) Definitions.--In this section, the following
definitions apply:
(1) City.--The term ``City'' means the city of Gig Harbor,
Washington.
(2) Property.--The term ``Property'' means the parcel of
real property, together with any improvements thereon,
consisting of approximately 0.86 acres of fast lands commonly
identified as tract 65 of lot 1 of section 8, township 21
north, range 2 east, Willamette Meridian, on the north side
of the entrance of Gig Harbor, narrows of Puget Sound,
Washington.
[[Page 16477]]
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyance.--
(1) Authority to convey.--Not later than 30 days after the
date on which the Secretary of the department in which the
Coast Guard is operating relinquishes the reservation of the
Property for lighthouse purposes, at the request of the City
and subject to the requirements of this section, the
Secretary shall convey to the City all right, title, and
interest of the United States in and to the Property,
notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713).
(2) Terms of conveyance.--A conveyance made under paragraph
(1) shall be made--
(A) subject to valid existing rights;
(B) at the fair market value as described in subsection
(c); and
(C) subject to any other condition that the Secretary may
consider appropriate to protect the interests of the United
States.
(3) Costs.--The City shall pay any transaction or
administrative costs associated with a conveyance under
paragraph (1), including the costs of the appraisal, title
searches, maps, and boundary and cadastral surveys.
(4) Conveyance is not a major federal action.--A conveyance
under paragraph (1) shall not be considered a major Federal
action for purposes of section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
(c) Fair Market Value.--
(1) Determination.--The fair market value of the Property
shall be--
(A) determined by an appraisal conducted by an independent
appraiser selected by the Secretary; and
(B) approved by the Secretary in accordance with paragraph
(3).
(2) Requirements.--An appraisal conducted under paragraph
(1) shall--
(A) be conducted in accordance with nationally recognized
appraisal standards, including--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice; and
(B) shall reflect the equitable considerations described in
paragraph (3).
(3) Equitable considerations.--In approving the fair market
value of the Property under this subsection, the Secretary
shall take into consideration matters of equity and fairness,
including the City's past and current lease of the Property,
any maintenance or improvements by the City to the Property,
and such other factors as the Secretary considers
appropriate.
(d) Revocation; Reversion.--Effective on and after the date
on which a conveyance of the Property is made under
subsection (b)(1)--
(1) Executive Order 3528, dated August 9, 1921, is revoked;
and
(2) the use of the tide and shore lands belonging to the
State of Washington and adjoining and bordering the Property,
that were granted to the Government of the United States
pursuant to the Act of the Legislature, State of Washington,
approved March 13, 1909, the same being chapter 110 of the
Session Laws of 1909, shall revert to the State of
Washington.
SEC. 609. VESSEL DETERMINATION.
The vessel assigned United States official number 1205366
is deemed a new vessel effective on the date of delivery of
the vessel after January 1, 2012, from a privately owned
United States shipyard, if no encumbrances are on record with
the Coast Guard at the time of the issuance of the new
certificate of documentation for the vessel.
SEC. 610. SAFE VESSEL OPERATION IN THUNDER BAY.
The Secretary of the department in which the Coast Guard is
operating and the Administrator of the Environmental
Protection Agency may not prohibit a vessel operating within
the existing boundaries and any future expanded boundaries of
the Thunder Bay National Marine Sanctuary and Underwater
Preserve from taking up or discharging ballast water to allow
for safe and efficient vessel operation if the uptake or
discharge meets all Federal and State ballast water
management requirements that would apply if the area were not
a marine sanctuary.
SEC. 611. PARKING FACILITIES.
(a) Allocation and Assignment.--
(1) In general.--Subject to the requirements of this
section, the Administrator of General Services, in
coordination with the Commandant of the Coast Guard, shall
allocate and assign the spaces in parking facilities at the
Department of Homeland Security St. Elizabeths Campus to
allow any member or employee of the Coast Guard, who is
assigned to the Campus, to use such spaces.
(2) Timing.--In carrying out paragraph (1), and in addition
to the parking spaces allocated and assigned to Coast Guard
members and employees in fiscal year 2014, the Administrator
shall allocate and assign not less than--
(A) 300 parking spaces not later than September 30, 2015;
(B) 700 parking spaces not later than September 30, 2016;
and
(C) 1,042 parking spaces not later than September 30, 2017.
(b) Transportation Management Report.--Not later than 1
year after the date of the enactment of this Act, and each
fiscal year thereafter in which spaces are allocated and
assigned under subsection (a)(2), the Administrator shall
provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on--
(1) the impact of assigning and allocating parking spaces
under subsection (a) on the congestion of roads connecting
the St. Elizabeths Campus to the portions of Suitland Parkway
and I-295 located in the Anacostia section of the District of
Columbia; and
(2) progress made toward completion of essential
transportation improvements identified in the Transportation
Management Program for the St. Elizabeths Campus.
(c) Reallocation.--Notwithstanding subsection (a), the
Administrator may revise the allocation and assignment of
spaces to members and employees of the Coast Guard made under
subsection (a) as necessary to accommodate employees of the
Department of Homeland Security, other than the Coast Guard,
when such employees are assigned to the St. Elizabeths
Campus.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Hunter) and the gentleman from West Virginia (Mr.
Rahall) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. HUNTER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 5769.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HUNTER. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, H.R. 5769, the Howard Coble Coast Guard and Maritime
Transportation Act of 2014, reauthorizes funding for the Coast Guard
through fiscal year 2015 at levels that are fiscally responsible and
that will reverse the misguided cuts proposed by the current
administration.
The President proposed to slash the service's acquisition budget by
over 20 percent, reduce the number of servicemembers by over 1,300,
undermine readiness by cutting program hours for aircraft, and
jeopardize the success of the search-and-rescue mission by taking
fixed-wing air aircraft crews off alert status. The President's budget
request will only worsen the Coast Guard's growing gaps in mission
performance, increase acquisition delays, drive up the cost of new
assets, and deny our servicemembers the critical resources needed to
perform their duties.
{time} 1245
H.R. 5769 authorizes sufficient funding to ensure these cuts do not
happen and the service has what it needs to successfully conduct its
missions. The bill also makes several reforms to the Coast Guard
authorities, as well as laws governing shipping and navigation.
Specifically, H.R. 5769 supports Coast Guard servicemembers by
ensuring the members of the Coast Guard are offered the same benefits
available to members of the other armed services. It improves Coast
Guard mission effectiveness by replacing and modernizing Coast Guard
assets in a cost-effective manner.
It enhances oversight of the Coast Guard, reduces inefficient
operations, and saves taxpayer dollars by making commonsense reforms to
Coast Guard missions and administration. It helps veterans make the
transition from service in the military to good-paying jobs in the
maritime industry.
It includes an Arctic maritime transportation title, which provides
the Coast Guard the authorities it needs to successfully carry out
missions in the Arctic, as well as prepare for the safe operation of
commercial vessels and increased human activity in the region.
It encourages job growth in the maritime sector by conducting
regulatory burdens on job creators, and lastly, it reauthorizes and
reforms the structure and operations of the FMC.
Mr. Speaker, with respect to section 323 of the bill, it is the
committee's intent that the Department of Transportation use the Web
site currently operated by the Coast Guard to the greatest
[[Page 16478]]
extent possible. The data presented on the Web site should be limited
only to that required by statute and shown in a simple, easily used
format.
The committee does not intend to use anything other than commercial
off-the-shelf technology to establish the Web site or independently
develop new software or acquire new hardware in operating the site.
H.R. 5769 presents a strong bipartisan and bicameral agreement. I
want to thank Senators Rockefeller, Thune, Begich, and Rubio for
working with us on this important legislation. I also want to thank
Ranking Member Rahall and the subcommittee ranking member,
Representative Garamendi, for their efforts, and Chairman Shuster for
his leadership.
Finally, I want to take a minute to point out that this will be the
last Coast Guard authorization bill that will benefit from the advice
and support of the only Member of Congress with service in the Coast
Guard, our colleague and friend, Howard Coble.
Howard is a Korean war veteran with 5 years of active duty in the
Coast Guard and another 18 years in the Coast Guard Reserve. He is the
founder of the Congressional Coast Guard Caucus, as well as an active
member and former chairman of the Subcommittee on Coast Guard and
Maritime Transportation.
Throughout his career in Congress, Howard has been a tireless
advocate for the men and women of the Coast Guard. I thank and commend
him for this service to our Nation and for his contributions to this
and past Coast Guard authorizations.
I reserve the balance of my time.
House of Representatives,
Committee on Homeland Security,
Washington, DC, December 3, 2014.
Hon. Bill Shuster,
Chairman, House Committee on Transportation and
Infrastructure, Washington, DC.
Dear Chairman Shuster: I write to you regarding the
jurisdictional interest of the Committee on Homeland Security
in H.R. 5769, the ``Howard Coble Coast Guard and Maritime
Transportation Act of 2014.'' The bill contains certain
provisions that fall within the jurisdiction of the
Committee.
In the interest of permitting the Committee on
Transportation and Infrastructure to proceed expeditiously to
the House floor, I will not seek a sequential referral of
H.R. 5769. However, I do so only with the mutual
understanding that the jurisdiction of the Committee on
Homeland Security over matters concerning the United States
Coast Guard in this or similar legislation is in no way
diminished. I further request that you urge the Speaker to
name Members of this Committee to any conference committee
that is named to consider such provisions.
Finally, I request you include this letter and your
response into the Congressional Record during consideration
of H.R. 5769 on the House floor. Thank you for your
cooperation.
Sincerely,
Michael T. McCaul,
Chairman.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, December 3, 2014.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security, Washington, DC.
Dear Chairman McCaul: Thank you for your letter regarding
the Committee on Homeland Security's jurisdictional interest
in H.R. 5769, the Howard Coble Coast Guard and Maritime
Transportation Act of 2014.
I look forward to working with you concerning provisions in
H.R. 5769, or similar legislation, that are within the
jurisdiction of the Committee on Homeland Security. Finally,
I would support your effort to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this legislation.
I will include our letters in the Congressional Record
during House floor consideration of the bill. I appreciate
your cooperation regarding this legislation, and I look
forward to working with the Committee on Homeland Security as
the bill moves through the legislative process.
Sincerely,
Bill Shuster,
Chairman.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 5769, the Howard
Coble Coast Guard and Maritime Transportation Act of 2014. This
legislation was developed, as Mr. Hunter has said, through very
cooperative, bipartisan, and bicameral negotiations over the past 2
months.
That we are here today considering this legislation on the suspension
calendar demonstrates again that, when we put aside partisan
differences, we can find agreement on substantive legislation that
serves the greater interests of the American public.
I commend full committee Chairman Shuster for his leadership in
reaching out to the other body to initiate the process that has
culminated in producing the outstanding bill that is before the House
today.
I also want to thank and acknowledge the chairman of the Coast Guard
and Maritime Transportation Subcommittee, Duncan Hunter, and the
ranking Democratic member of our Coast Guard and Maritime
Transportation Subcommittee, Mr. John Garamendi, for their tireless
efforts to advance this important legislation.
As well, to our colleague Howard Coble, whom I have served with on
the Transportation and Infrastructure Committee since he was first
elected to the House in 1984.
It is truly fitting that the pending bill will be named after Howard.
He is a true gentleman in every sense of the word, a gentleman of this
House, and a superb friend to myself, as well as to many of our
colleagues.
The U.S. Coast Guard, one of our Nation's five military services,
remains an agency that is as indispensable today as it was 100 years
ago. Whether maintaining the safety of maritime commerce on the high
seas, securing our ports, harbors, and inland waterways, or when
protecting life at sea, the Coast Guard stands ready and able to serve
whenever called.
I am pleased that this legislation will provide sufficient authorized
funding to ensure that the Coast Guard has the resources and the
personnel that it needs to accomplish its many missions, and most
importantly, this legislation provides adequate funding to allow the
Coast Guard to maintain progress in recapitalizing its offshore fleet
of cutters, which is a very high priority.
I am also pleased that this legislation will advance several policies
to support our merchant marine, especially a provision that will
strengthen the enforcement of cargo preference requirements and ensure
that the transport of U.S. Government cargoes continue to provide jobs
for U.S. seafarers.
In general, this legislation will do much to advance our maritime
industries and ensure that our maritime economy remains a vibrant
contributor and source of jobs for millions of Americans.
This legislation is noncontroversial. It does have solid bipartisan
and bicameral support, and I urge Members to support this worthy bill.
I reserve the balance of my time.
Mr. HUNTER. Mr. Speaker, there are a few people I want to thank, too.
I want to thank John and Jeff, who are here in this room, for the work
that they have put into this. I want to thank Victoria Middleton, who
is my chief of staff. This will be her last year. This is her first
Coast Guard bill that we are getting done here. They have put in so
much work and so much time.
For myself, this is my first piece of legislation that I am going to
be passing in this Coast Guard and Maritime Transportation Subcommittee
with Mr. Garamendi. It has been a great time working with everybody.
I want to thank, lastly, the men and women of the Coast Guard. They
have been fantastic. They have really opened up their arms to us. We
have been able to see what they do, how they do it, and what they have
to do, day in and day out, for the people of this country and, frankly,
people of every country.
If you are on the open seas and something bad happens to you, it is
going to be the U.S. Coast Guard that comes and saves you. If you are a
bad guy running drugs from South America up to Florida, it is going to
be a U.S. Coast Guard vessel that interdicts.
I just want to thank the U.S. Coast Guard for what they do for this
Nation because they are kind of the redheaded stepchild. They are a
military service, but they are also a law enforcement entity. They get
to do both things, and that is one of the things that makes them such a
great organization.
[[Page 16479]]
With that, Mr. Speaker, I yield such time as he may consume to the
gentleman from North Carolina (Mr. Coble).
Mr. COBLE. Mr. Speaker, I thank the gentleman from California, and I
will be very brief. I thank the ranking member, Mr. Rahall, and the
chairman of the subcommittee for your generous words. I am not sure
that I am deserving, but I am appreciative. I appreciate the diligence
which the Coast Guard men and women display daily in the discharge of
their duties.
There is an old adage that is as old as the Coast Guard, and that is
when distress calls are received, the Coast Guard must go out. It says
nothing about them coming back. Most of them do come back, but on
occasion, they don't. We should always remember that very clearly.
Again, I thank you for this honor.
Mr. RAHALL. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from California (Mr. Garamendi), the ranking member of the
Subcommittee on Coast Guard and Maritime Transportation.
Mr. GARAMENDI. Mr. Speaker, I thank the gentleman for yielding me
this time, and I rise in strong support of H.R. 5769, the Howard Coble
Coast Guard and Maritime Transportation Act.
As explained by previous speakers, this bill is bipartisan,
bicameral, and is noncontroversial. It reauthorizes the Coast Guard and
the Coast Guard Reserve and the Federal Maritime Commission. The
legislation includes many important provisions that were contained in
H.R. 4005, the Coast Guard authorization legislation that was passed
and reported by voice vote from the committee, as well as overwhelming
support here on the floor on April 1 of this year.
Maintaining a safe, reliable, and efficient maritime commerce that
enables our foreign and domestic trade to fuel the U.S. economy remains
as important today as it was in 1790, when former Treasury Secretary
Alexander Hamilton established the U.S. Revenue Cutter Service, the
predecessor to the U.S. Coast Guard.
This new legislation will provide our Coast Guard with the resources
and policy tools they need to meet the challenges presented by an ever-
evolving economy and security demands of our Nation.
First, let me explain. A sincere gratitude to my colleague, Duncan
Hunter, the chair of the subcommittee, for the work that he and his
extraordinary staff have done in putting together this bill. Working
together, I think we have accomplished something useful.
Mr. Rahall's leadership on our side was exemplary. He gave us the
resources, the time, and the encouragement to get this job done, and
that was repeated by Mr. Shuster on the other side. We have a great
team, and I am proud to be part of it.
This is a compromise to be sure, but it is a good one. First and
foremost, the bill includes several noncontroversial administrative and
management directives to better align the Coast Guard missions and
needs with the long-term capital planning and annual budget requests.
Additionally, the bill would grant the Coast Guard with greater
flexibility to augment Active Duty forces and provide explicit
cooperative agreement authority to enhance the Coast Guard's ability to
develop beneficial partnerships with other maritime stakeholders. The
bill provides new guidance to the Coast Guard as it continues to
rebuild its fleet of offshore cutters.
I am particularly pleased this legislation would advance several
positive initiatives to reinvigorate the U.S. merchant marine and
improve maritime transportation. Most noteworthy, this legislation
would advance several positive policy initiatives, among them the
enforcement of cargo preference laws and regulations, a move that is
long overdue.
Additionally, the legislation requires the Department of
Transportation to develop a new maritime strategy and direct the
Government Accountability Office to conduct an assessment of how future
export trade can be augmented.
I welcome the opportunities to chart new courses forward to improve
the competitiveness of the U.S. flag fleet on the high seas, to
increase opportunities for short sea shipping, and to expand our
commercial shipbuilding industrial base.
I am pleased that this legislation will advance significant new
policies already discussed by Mr. Hunter to finally force the Federal
Government and the Coast Guard especially to take constructive actions
to address the implications of the thawing of the Arctic Ocean and the
imminent demands for commercial maritime transportation and resource
development across that vast region. A particular shout-out to Mr.
Hunter for leading the charge on this very important effort.
In closing, this bill is responsible legislation that would provide
budget stability for the Coast Guard, advance sensible policy reforms,
and promote our merchant marine. The bill deserves support from Members
from both sides of the aisle.
Mr. HUNTER. Mr. Speaker, this bill would not have happened without
the leadership of Mr. Rahall and the full committee chairman, Bill
Shuster from Pennsylvania. They did a lot of work on this bill.
I am honored to yield such time as he may consume to the gentleman
from Pennsylvania (Mr. Shuster).
Mr. SHUSTER. Mr. Speaker, I thank the gentlemen from California, Mr.
Hunter and Mr. Garamendi, for their great work. There were a couple of
rough patches, but in the House, we were able to figure it out. In the
Senate, I especially thank Senator Rockefeller for working through
this. I know Senator Rockefeller is retiring, so it is fitting that, as
he leaves, this bill and his work is complete, and so we congratulate
and thank him for his work.
This bill that Chairman Hunter and Mr. Garamendi put together is
truly bipartisan and bicameral. There are a lot of great reforms in it.
The men and women of the Coast Guard that help to keep this country
safe and enforce our laws, this is a tribute to them for what they do.
They risk their lives to save people and to save property, and so my
hat goes off to them and to thank them again for the great work that
they do protecting the American people on the waterways and on the high
seas and the marine natural resources that they also help to protect.
They have a huge job.
I am very, very proud that the Howard Coble Coast Guard and Maritime
Transportation Act is going to pass today. As I said, a lot of
bipartisan reforms are in the bill that will help to streamline and
ensure that our Coast Guard can do their job more efficiently and with
less red tape, giving them the resources that they need.
Again, a special thanks to Howard Coble, who the bill is named for.
This is his final bill. We wish him well in his future journey. Being
the only Member of Congress that is a coastie, we thank him for all of
his years of service back to 1985.
I think I am one of the few Members who has known Howard Coble since
1985--not that I was a Member then, but my father served with Howard on
the committee. I was with my father last night, and I told him that we
are doing the bill today, and he sends his best to you, Howard, and
congratulates you on your retirement.
You have been a tireless worker for the interests of the Coast Guard
and for the security of America, and we can't thank you enough for
that.
{time} 1300
In addition, the ranking member, Mr. Rahall, I believe this will be
the final bill that he moves through the committee. I want to thank him
for his friendship and for working with me the past 2 years. It has
been a great partnership.
I have got a lot of great stories. As we went through the WRDA bill,
a lot of great successes. A couple of them I can't tell, or I can't
tell them on the House floor, but they are all clean. They are all
good. But, again, we really worked well together on that, and I wish
you the best in your future endeavors. You will be missed here in
Washington. And again, a family friend
[[Page 16480]]
for almost 40 years, serving with my father and with me; and again, we
can't thank you enough for the great work that you have done in your 38
years here.
Mr. COBLE. Will the gentleman yield?
Mr. SHUSTER. I yield to the gentleman from North Carolina.
Mr. COBLE. I will be very brief.
In thanking Mr. Rahall and Mr. Hunter, I failed to thank the
chairman. That is a mistake you should never commit. So I thank you as
well, Mr. Shuster. Thanks to all of you.
Mr. SHUSTER. I was more than happy to let Mr. Coble come up. He
didn't have to thank me. His hard work is thanks enough. But, again, a
fine member of the committee and a Member of Congress. We are going to
miss him greatly.
So, again, as I want to sum up, Chairman Hunter, Ranking Member
Garamendi, great work on this bill. I encourage all of my colleagues to
vote for this, and hopefully we will get a vote in the Senate next
week, and we can get this to the President's desk and he can sign it
for Christmas. So, again, thanks to all.
I want to thank the staff for their great work, not only on the
subcommittee but on the full committee. As we worked through the past 2
years, the staff has had a lot of good action together, and I want to
thank the staff and wish them a Merry Christmas, a happy holiday, and a
happy new year. If we don't see you, then we will see you around the
first of the year.
I am particularly pleased that the bill includes a provision which
equalizes the regulatory treatment among similar vessels which operate
out of the British and U.S. Virgin Islands.
Current law puts certain vessels operating out of the U.S. Virgin
Islands at a competitive disadvantage with similar vessels operating
out of the British Virgin Islands. H.R. 5769 establishes an equal
playing field for these vessels.
It allows vessels operating out of the U.S. Virgin Islands which meet
safety requirements identical to those in effect for similar vessels
operating out of the British Virgin Islands to carry an equal number of
passengers.
It is clear the provision comes into effect on the date of enactment.
The Coast Guard may write standards to implement the provision, but,
again, the provision is clear, any such standards must be identical to
those imposed on BVI vessels; and during any period prior to the
implementation of such standards, vessels operating out of the U.S.
Virgin Islands which meet the standards referenced in section 319,
uninspected passenger vessels in the United States Virgin Islands, of
H.R. 5769 shall be allowed to carry an equal number of passengers as
those operating out of the British Virgin Islands.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the gentleman from
Maryland (Mr. Cummings).
Mr. CUMMINGS. Mr. Speaker, first of all, I want to thank Ranking
Member Rahall for this time. I also thank him for his work on this
legislation and for his decades of service to our great Nation. He will
be sorely missed in the Transportation Committee and, indeed, in the
Congress.
I also want to thank Chairman Shuster, Chairman Hunter, and Ranking
Member Garamendi for all of their hard work on this legislation.
I rise today in support of this measure, H.R. 5769, the Howard Coble
Coast Guard and Maritime Transportation Act of 2014.
And it is interesting that Mr. Coble just got up to make sure that he
thanked everybody, but I want to thank him. When I served as the
chairman of the subcommittee, he was one of my staunchest supporters.
He was the epitome of bipartisanship. He always made it clear that the
Coast Guard was sometimes not put on the front burner, was on the back
burner, and he wanted to make sure that they were on the front burner,
and I want to thank him for this. This is so very, very significant,
and I want to thank him for his friendship over the many years.
This measure includes critical provisions strengthening the
Department of Transportation's, DOT, authority to enforce cargo
preference requirements to ensure that government-impelled cargoes are
carried on U.S.-flagged vessels. Section 321 of this legislation
clarifies that the DOT has exclusive authority to determine whether a
government-impelled cargo is subject to these requirements.
Section 321 also requires the DOT to conduct an annual review to
determine whether government programs are in compliance with cargo
preference requirements. According to the Maritime Administration, the
number of U.S.-flagged vessels operating in international trade has
declined nearly 25 percent in just the last 3 years, falling from 106
in January of 2012 to just 81 as of this month.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. RAHALL. Mr. Speaker, I yield the gentleman another minute.
Mr. CUMMINGS. It is not an exaggeration to say that if we don't take
deliberate and swift steps to preserve the U.S. Merchant Marine, we
will lose it, leaving our Nation dependent for merchant sealift
capacity on foreign-flagged vessels and foreign mariners. Despite what
some may claim, reserving the carriage of the U.S. Government-impelled
cargoes is not unlike any other government program designed to ensure
that the expenditure of U.S. taxpayer funds benefits Americans.
Again, this is a very important piece of legislation. I urge all the
Members to vote for it. To all of those who have been a part of this in
making it happen, I express my appreciation. On behalf of the Coast
Guard, I express my appreciation.
Mr. HUNTER. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Royce), my good friend and colleague and the full
committee chairman of the Foreign Affairs Committee.
Mr. ROYCE. Mr. Speaker, I want to recognize the efforts of the
Transportation and Infrastructure Committee. Its leadership should be
commended for this bipartisan effort to strengthen the Coast Guard in a
time of heightened security threats to the United States.
The Foreign Affairs Committee has been working in a bipartisan way to
reform international food assistance, so I particularly appreciate the
fact that this legislation does not include a provision that would have
raised the cargo preference requirements for these programs from 50
percent to 75 percent. A provision like this would cost U.S. taxpayers
millions more and slow lifesaving assistance by months.
Lives are at stake, and I appreciate that the committee heard our
view, and I also appreciate the assurances provided by the
Transportation Committee that nothing in section 321 will drastically
alter the existing consultation requirements for enforcement of cargo
preference. I also understand that nothing in the bill will have the
effect of raising cargo preference above an annual global threshold of
50 percent, particularly for the Food for Peace program.
Again, congratulations to Chairman Hunter and his colleagues for
crafting this important legislation and also Mr. Coble and Mr. Rahall
for their work.
Mr. RAHALL. Mr. Speaker, may I have a time check, please.
The SPEAKER pro tempore. The gentleman from West Virginia has 10
minutes remaining. The gentleman from California has 9\1/2\ minutes
remaining.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the gentleman from
Washington (Mr. Larsen), the distinguished ranking member of our
Subcommittee on Aviation.
Mr. LARSEN of Washington. Mr. Speaker, I rise in support of H.R.
5769, the Howard Coble Coast Guard and Maritime Transportation Act of
2014.
As a former ranking member of the Coast Guard Subcommittee, I am very
pleased that this bill provides the necessary resources to keep the men
and women of the Coast Guard on the job. I am also pleased this bill
makes needed advancements in our Nation's engagement in the Arctic.
Our country faces a steep opportunity curve when it comes to the
Arctic. We haven't made the needed investments in that region to
protect our environment, our economic interests, and our national
security. But as our country gets ready to take over the chairmanship
of the Arctic Council in 2015, this bill signals that our country is
ready to engage further in Arctic
[[Page 16481]]
issues. It requires the Coast Guard to come up with a plan for moving
our icebreaker fleet forward; it encourages the development of forward
operating bases for the Coast Guard in the region; and it improves the
ability of the Coast Guard to monitor, patrol, and protect our Nation's
Arctic waters.
I am hopeful that this bill will finally push the Coast Guard to
reactivate the mothballed Polar Sea icebreaker so that it can act as a
bridge towards a new icebreaker fleet. In the longer term, funding a
new icebreaker fleet will require a whole of government approach. The
Coast Guard simply does not have the acquisition budget to build a new
icebreaker fleet on its own.
The Department of Defense, Coast Guard, and National Science
Foundation need to work together to develop a funding strategy for
assets they will all use. This bill endorses such a strategy.
Finally, I am very pleased that this bill includes $10 million for
the Small Shipyard Grant Program, a successful effort that provides
infrastructure spending to shipyards in the Pacific Northwest and
around the country that creates jobs and supports local economies.
With that, I urge my colleagues to support this legislation.
Mr. HUNTER. Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, again, I want to commend our full committee chairman,
Mr. Shuster; the subcommittee chair, Mr. Hunter; our ranking member,
Mr. Garamendi; and our staffs, as well, for the tremendous work that
has gone in to producing this legislation.
Under Chairman Shuster's leadership, our Transportation and
Infrastructure Committee is indeed demonstrating once again today what
bipartisanship can do and the productive manner in which we can work
for the American people in what is often described as a dysfunctional
city. I know that in the years ahead, the Transportation and
Infrastructure Committee will step up to the plate and do its work
again, especially in addressing a major transportation bill next year
and a major aviation bill that is on its agenda.
I guess it is kind of fitting, Mr. Speaker, that the last bill that
Senator Rockefeller and myself are in part being managed by West
Virginians. Both of us will be leaving this Congress. West Virginia is
the great seafaring State that it is. But I do salute Senator
Rockefeller as well for his tremendous leadership as chairman of the
Senate Commerce Committee, for his leadership on this legislation and
so many other pieces of legislation that have benefited our State of
West Virginia in a more direct way, perhaps, but also a benefit to this
great country. He is one that has been concerned for all of us, as we
all are, about producing jobs for America, and that is what our
Transportation and Infrastructure Committee is about.
I commend the staffs and I commend my dear friend Mr. Coble that so
much has been said about and for whom this legislation is named. We
have traveled together on a few occasions. During my entire time here,
I have not seen any Member of this body conduct themselves in such a
true gentleman fashion as Howard Coble does. We all call him our dear
friend.
With that, Mr. Speaker, I urge my colleagues to support this
legislation and, again, commend Chairman Hunter and Chairman Shuster
for their bipartisan and cooperative manner in which they have worked
on this and so many pieces of legislation.
I yield back the balance of my time.
Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume.
Again, I want to thank the gentleman from West Virginia and my
colleague from California (Mr. Garamendi) and the great staffs that
spent time on this and, of course, the great Howard Coble, who said in
one of his elections probably about 10 years ago when he was down by a
few hundred votes, I called him up on it election night and his answer
was, ``Look good, feel good.'' That is the great Howard Coble.
Mr. Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
Ms. HAHN. Mr. Speaker, today the House will vote on the bipartisan
Howard Coble Coast Guard & Maritime Transportation Act of 2014. This
bill is a great step for our nation's Coast Guard and federal maritime
transportation. Under the constraints of limited resources, this
important agreement will continue to provide our Coast Guard and
Federal Maritime Commission with the ability to protect our nation's
international borders while promoting American commerce around the
world.
Having served the people of Los Angeles for nearly 15 years on the
City Council and now in Congress, I have long appreciated the work of
our Coast Guard and Federal Maritime Commission officials who support
the largest port complex in the United States. America relies on the
Ports of Los Angeles and Long Beach, which is the gateway for forty
percent of all maritime commerce, and providing security to these ports
keeps goods flowing across the nation.
In addition, this act provides new incentives for the employment of
veterans on U.S. flagged vessels, and directs the Secretary of
Transportation to work with Congress to create a national maritime
strategy to promote the competitiveness of the U.S. flagged fleet,
increase the use of short seas shipping, and enhance U.S. shipbuilding
capacity. Our nation's ports and maritime commerce drive all aspects of
our economy, and this agreement will provide our nation's maritime
gateways the federal support to ensure American ports remain the safest
and most economical for shippers around the world.
I am pleased this strong agreement bears the name of our colleague
Howard Coble, a fellow member of the Transportation & Infrastructure
Committee and a great friend of mine, who has long been a champion of
America's Coast Guard and ports. Congress will miss his leadership. I
urge the Senate to consider this legislation immediately and send it to
the President's desk for his signature.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Hunter) that the House suspend the rules
and pass the bill, H.R. 5769.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HUNTER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________
{time} 1315
PROVIDING FOR CONSIDERATION OF H.R. 5771, TAX INCREASE PREVENTION ACT
OF 2014, AND PROVIDING FOR CONSIDERATION OF H.R. 647, ACHIEVING A
BETTER LIFE EXPERIENCE ACT OF 2014
Mr. SESSIONS. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 766 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 766
Resolved, That upon adoption of this resolution it shall be
in order to consider in the House the bill (H.R. 5771) to
amend the Internal Revenue Code of 1986 to extend certain
expiring provisions and make technical corrections, and for
other purposes. All points of order against consideration of
the bill are waived. The amendment printed in part A of the
report of the Committee on Rules accompanying this resolution
shall be considered as adopted. The bill, as amended, shall
be considered as read. All points of order against provisions
in the bill, as amended, are waived. The previous question
shall be considered as ordered on the bill, as amended, and
on any further amendment thereto, to final passage without
intervening motion except: (1) one hour of debate equally
divided and controlled by the chair and ranking minority
member of the Committee on Ways and Means; and (2) 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. 647) to amend
the Internal Revenue Code of 1986 to provide for the tax
treatment of ABLE accounts established under State programs
for the care of family members with disabilities, and for
other purposes. All points of order against consideration of
the bill are waived. In lieu of the amendment in the nature
of a substitute recommended by the Committee on Ways and
Means now printed in the bill, the amendment in the nature of
a substitute printed in part B of the report of the Committee
on Rules accompanying this resolution shall be considered
[[Page 16482]]
as adopted. The bill, as amended, shall be considered as
read. All points of order against provisions in the bill, as
amended, are waived. The previous question shall be
considered as ordered on the bill, as amended, and on any
further amendment thereto, to final passage without
intervening motion except: (1) one hour of debate equally
divided and controlled by the chair and ranking minority
member of the Committee on Ways and Means; and (2) one motion
to recommit with or without instructions.
Sec. 3. In the engrossment of H.R. 5771 the Clerk shall--
(a) add the text of H.R. 647, as passed by the House, as
new matter at the end of H.R. 5771;
(b) conform the title of H.R. 5771 to reflect the addition
of H.R. 647, as passed by the House, to the engrossment;
(c) assign appropriate designations to provisions within
the engrossment; and
(d) conform cross-references and provisions for short
titles within the engrossment.
The SPEAKER pro tempore. 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 my friend, the gentlewoman from New York
(Ms. Slaughter), 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. 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, as the calendar year comes to an end,
America's small businesses and taxpayers are looking to Congress for
certainty before they file their taxes in April of 2015. While far from
perfect, the Tax Increase Prevention Act will provide certainty by
extending for 1 more year a number of tax relief provisions that simply
would have expired at the end of this year. Put simply, this bill will
prevent tax increases on millions of families that would happen if we
were not bringing it to the floor today.
And to Mr. Kingston, I thank you for your years of service to this
body on behalf of the American people and the people of Georgia.
In an ideal world, Mr. Speaker, the House would be debating a more
comprehensive approach to tax reform. We would be worried and focusing
our activities on growing jobs in America and giving the American
people more of their hard-earned money back so they could invest either
in their family or in their business--an opportunity to grow our
economy to keep America strong--but our Tax Code is holding back
America from being competitive and from providing America with more
jobs.
American taxpayers deserve what we are doing today, which is an
opportunity to work incrementally on a better, simpler, easy-to-
navigate Tax Code with certainty, but only for 1 more year. We should
be making long-range plans by working with the United States Senate and
the President to make sure the American people come up winners. The
United States tax rate is currently the highest in the world, and I
would prefer to be debating reform, but we are here today for 1 more
year's worth of opportunity to keep America where she and her citizens
are prepared for the future.
Thanks to the leadership of the chairman of the Ways and Means
Committee, Dave Camp from Michigan, we almost had a chance to fix these
issues today, but he came to the rescue and said, ``I am going to work
with Republicans and Democrats and anybody who will work with me''--
meaning the chairman of the Ways and Means Committee--``on helping
American business be stronger.''
The bottom line is that I believe we are going to work together, and
it starts in the House of Representatives to get that work done. So
just like the deal that Dave Camp started, we are here for the process
today of jump-starting American business for yet another year.
Sadly, reports tell us that the President's veto threat undermines
these bipartisan negotiations. The things Chairman Dave Camp is working
on to make American jobs stronger and a reality--and working on in a
bipartisan effort--the President of the United States is threatening to
veto that very legislation. So, today, despite the veto threat, we are
here to do our work.
Today, you will see, Mr. Speaker, Republicans and Democrats certainly
have things in the bill which are special and important to them but
that, more importantly, are about the American people and opportunities
to save and grow jobs.
Earlier this year, and certainly last year, the House passed a number
of permanent extensions of these policies on a bipartisan basis. That
means, Mr. Speaker, Republicans and Democrats tried to work together.
But the failure of leadership on the Senate side meant those bills were
not ever even brought before the Senate to debate them. Worse yet, the
President of the United States opposes those efforts.
We are here for one simple reason today. By taking the leadership
opportunity, we think we can gain the ability, on a bipartisan basis in
the House of Representatives, to give the Senate and the President one
more whack at it.
Let me be clear. Even if this legislation is not as ambitious as it
could have been, it is still vitally important. I think what we are
doing here, under the leadership of John Boehner, is to say to the
American people that we know what our job is, even if we are not as
wildly successful as we want to be. America's small businesses and
families actually need, and rely upon, Congress to do its job.
Mr. Speaker, as the Representative of the 32nd Congressional District
of Texas, which is essentially Dallas, Texas, and some suburbs, I
regularly meet with small businesses--important businesses--that employ
people. Earlier in the year, I met with Jamey Rentfrow of Ascend Custom
Extrusions in Wylie, Texas. Jamey's company manufactures and designs
custom aluminum extrusions for industry. It was a most interesting
visit. They call this manufacturing in America.
On the same day, I also met with JoAnn Gardner, a young woman who
owns Savage Precision Fabrication. They make parts for military
aircraft. They count on us to be able to get our job done to buy the
newest and best equipment. It goes to help not only aerospace and
military but other civilian needs also. They know that if we do this,
the option for them to expense 50 percent of the purchase price of
their assets can be taken care of. They can write it off when they want
to rather than when the Tax Code wants.
In March, I met with Frank Millsap. It was a most interesting visit.
He runs a rod car store called Sachse Rod Shop. He explained to me how
our onerous Tax Code prevented him from employing more people.
Mr. Speaker, that is why we are here today. We are here to make sure
we take care of the people in our home districts, many of them
companies that are small mom-and-pop shops, but others that employ
hundreds of people.
The bill would also affect a minority-owned business called Aluma
Graphics, which is located in Wylie, Texas, and owned by Randall
Williams, a young man who played professional football. When he got
out, he decided he was going to go into business. He is realizing how
tough it is to manufacture labels and decals for industrial products.
This bill would help him and his employees.
These businesses, not just in the 32nd Congressional District but all
over our country, are important, as they provide people the honesty of
hard work and the return of continuing to come to work the next day
because their company can make the money to get it done.
What we are doing today will extend for only 1 more year the tax
provisions, but it will help millions and millions of people.
Additionally, Mr. Speaker, this rule contains a great bill that's
called the ABLE Act, which represents, I believe, what our country can
do best when Republicans and Democrats and people who care in the
United States Congress work together.
[[Page 16483]]
Almost every single person in America, I believe, knows someone with
a disability: a family member, a best friend, perhaps a brother or
sister, or maybe even an aunt or uncle. But we all know that it is only
fair that we pay attention to the people we dearly love.
So, today is a game-changer. Today, we are removing what I think is a
glass ceiling for disabled people who are held at a disadvantage in our
Tax Code. The ABLE Act would make 529 tax-free savings accounts
available so that families can cover important expenses such as
postsecondary education, housing, career development, and medical
expenses not covered by private insurance, Medicaid, or other benefits
that might be available to them offered by government.
These tax-free savings accounts will empower families so that their
loved ones can have opportunities they have not had in the past. It is
personal to me because as my father looks at all of his grandchildren,
he can have the opportunity of helping out in their education, but not
for Alex Sessions, his grandson with Down syndrome. He can help all the
grandkids, but not Alex.
This happens millions of times in our country. There are millions of
people with disabilities who count on going into a program or being
enrolled in something that the Federal Government pays for, but we
discriminate against them. When this gets signed into law, my father,
Judge Sessions, will be able to treat Alex as he does his other
grandchildren. What is amazing is that Alex needs it more than all of
them combined, but he is the one that we wanted to keep in his place
because he has a disability called Down syndrome.
Mr. Speaker, this bill is important. It is important to the people
whom it impacts. It is important to our families. But more importantly,
it is important to our country. The gentleman, Ander Crenshaw from
Jacksonville, has worked on this bill for 8 years. We are finding a way
to put it into a piece of legislation. To help millions of people with
their jobs, it needs to pass.
Mr. Speaker, that is why we are here today. We are here doing
important work for millions of people. It does matter, and I think we
make a huge difference.
Mr. Speaker, I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I thank the gentleman for yielding me the
customary 30 minutes, and I yield myself such time as I may consume.
Today, we have two bills before us: one extending tax relief measures
and another for helping our brothers and sisters and family members
with disabilities. These bills, considered under two more closed rules,
which I feel I must point out, adds to the tally of the most closed
Congress in American history.
{time} 1330
First, H.R. 5771, the Tax Increase Prevention Act of 2014. This 1-
year extension will cover approximately 60 temporary Tax Code
provisions that expired at the end of 2013 or during 2014. Many of the
provisions have been previously extended with broad bipartisan support.
This bill is far from perfect, but it provides us a sorely-needed
stopgap measure. Our economy has finally emerged from the shadow of the
Great Recession, but playing games like this, lurching from one short-
term measure to another, will certainly harm that recovery.
This bill will ensure some consistency in the Tax Code that will help
the American people avail themselves of the tax credits that they
depend on, just in time for the tax filing season.
However, of particular note, left out of this package is the health
coverage tax credit, which is made available to workers who have lost
their jobs as a result of unfair trade deals and retirees who are at
risk of losing their pensions.
In my district, in Rochester, the retirees of Delphi and other local
companies depend on the health coverage tax credit to cover their
health care bills, and they have been fighting mightily for some relief
from the fact that they have lost their pensions and their health care.
This is all that they have, the government program.
Denying a critical tax credit to families who have been hit hardest
by unfair foreign competition and a tough economy here at home is a
mistake, and one I will fight hard to correct.
The second bill we have before us today is H.R. 647, the ABLE Act.
This bill will right an injustice that has been impacting millions of
Americans with disabilities, their families, and their caregivers.
Under current law, the individuals with disabilities can qualify to
receive Social Security Disability Insurance, but there is an asset
limit of $2,000, meaning that if you have more cash than that on hand,
your SSDI benefits will be reduced.
This disincentivizes work and saving, creates an unnecessary economic
uncertainty, and it does nothing to better the circumstances of our
Nation's most vulnerable.
The ABLE Act will change that by creating a tax-free savings account,
with an annual cap on contributions of $14,000, ensuring that people
with disabilities have a better sense of security and ways that friends
and family can contribute to their education, transportation, medical
expenses, employment support, housing, and more without risking their
eligibility for the badly-needed disability insurance.
I am pleased to see this come to the floor with such strong support
because my district in Rochester has a vibrant and involved community
of people with disabilities.
I commend my colleagues on both sides of the aisle, my friend, the
chairman of the Rules Committee, in particular, for the diligent,
passionate, and careful work on this important issue.
Mr. Speaker, I have some reservations about these bills, the first
bill anyway, but stabilizing the Tax Code and ensuring financial
independence for our brothers and sisters does provide much-needed
support. So I urge my colleagues to do the best they can on the rule
and the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. SESSIONS. Mr. Speaker, at this time I yield 3 minutes to the
gentleman from Jackson County, North Carolina (Mr. Meadows).
Mr. MEADOWS. Mr. Speaker, I thank the chairman of the Rules Committee
for his leadership and his vision and his passion and his great words.
I also want to thank the gentleman from Jacksonville, Florida (Mr.
Crenshaw). He is a true leader, and I am proud to be a cosponsor of the
ABLE Act.
Today, we can talk about taxes, we can talk about legislation, but
really, what we are talking about is people, Mr. Speaker.
I want to share two personal stories because, for me, I don't have to
deal with children with disabilities on a daily basis. I was blessed
with two kids that didn't have some of those same challenges.
What I have had is I have experienced the love and the compassion
that two children with special needs have given to me over and over.
The first one of those is a young lady, 21 years of age, with Down
syndrome named Chloe. Chloe is not only a dear friend but also is
someone who has been able to share with me the struggles in her life,
the passion in her life, the vision. She has a part-time job.
But the other part of that story is the difficulties that sometimes
families with special needs have. What I have seen over and over again
is that, even though I was able to experience the love firsthand, that
there is a 24-hour, 7-day a week job that parents have to deal with,
and some of those challenges are monumental.
We need to address that as a body. We need to partner with those moms
and dads across America to make sure that, indeed, what they have to
face is not really handicapped because of a Tax Code that penalizes
them.
So the ABLE Act, after 8 long years of work by the gentleman from
Florida (Mr. Crenshaw), hopefully, will be voted on and passed in this
very House to provide the needs and the help that those parents so
desperately need.
But I also want to share another story about a young lady from my
[[Page 16484]]
home district who has just turned 1 named Holland Burleson, because,
indeed, Down syndrome, whether it is with Chloe or this young lady, has
a profound effect; same love, same compassion that I got to experience.
But yet, what happened is that those parents went out, funded a 5K
run to bring the awareness to a community up in the mountains of
western North Carolina, and overwhelmingly, that community came
together, raising funds not just for the benefit of the Burleson family
but for the benefit of all of those families.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SESSIONS. Mr. Speaker, I yield the gentleman an additional 1
minute.
Mr. MEADOWS. I thank the gentleman.
What happened is lives were transformed in that small little town.
And so I am here today to speak on behalf of not only great work, but
great vision and a partnership in which we can partner with families,
moms and dads across this country, to do a job that should have been
done long ago, to allow the special needs of those special families to
be addressed.
Ms. SLAUGHTER. Mr. Speaker, I have one request for time, and so I
yield such time as he may consume to the gentleman from Vermont (Mr.
Welch), within the parameters of the debate time, and provided that no
one else shows up who requests time.
Mr. WELCH. I thank the gentlelady.
Mr. Speaker, I just want to reiterate what Mr. Sessions said, and
thank you for your tremendous service here in this body. So thank you
for acknowledging that too.
Mr. Speaker, Congress is broken. We know it, and the American people
know it. The difference between us and them is that we can actually do
something about it. In fact, that is our job.
But here we go again, ducking our responsibility and not doing our
job. We ducked when we failed to pass a long-term transportation bill.
We ducked when we failed to meet our constitutional responsibility to
debate a new, long-term military commitment in the Middle East.
And now, here we go again with this tax extender bill.
We need tax reform. 435 Members of Congress agree. Both parties
agree. This year we had an opportunity. The Ways and Means Committee,
under Chairman Dave Camp, presented a real plan, real simplification
and lower rates, and all of it was paid for.
There were many points of disagreement, as well as agreement in that
bill. In a functioning legislature, we would have debated the Camp
bill, modified it, and passed some version of it to move America
forward.
Instead, Speaker Boehner said the Camp bill was dead on arrival. No
discussion, no debate, no progress. More ducking and dodging instead of
Congress doing its job.
This tax extender package adds insult to the American people who want
tax reform to the injury Congress inflicts by failing to do its job.
When we pass tax extenders instead of tax reform, Congress, once again,
is back to doing business as usual.
This bill, considered on December 3, is retroactive to January. How
can we expect businesses and families to plan when we don't let them
know what the rules for the tax year are until the year is nearly over?
It is business as usual when we preach fiscal responsibility,
pledging allegiance to a balanced budget, and then pass a bill which
adds $44.7 billion to the taxpayers' credit card.
Mr. Speaker, how can Congress assert today that we will do tax reform
next year, tax reform that the American people are demanding, when we
are about to repeat the irresponsible practice of passing short-term,
retroactive bills, something Congress has been doing year in and year
out?
This bill says to the American people that Congress is up to its old
tricks. Meet the new Congress--same as the old Congress. Congress says
one thing: ``We need tax reform,'' but Congress does another, kicks the
can down the road.
Mr. Speaker, I do support some of the provisions in this bill and I
would like to vote for them, but Congress must do its job, not dodge
its responsibilities.
Mr. Speaker, I urge a ``no'' vote.
Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we are going to take the gentleman from Vermont up on,
really, his issues. We are going to have a Republican House, a
Republican Senate, that is able to effectively work with each other,
look each other in the eye and find progress for the American people.
So I promise the gentleman, he is going to get what he wants and more
so that we can grow our economy.
Mr. Speaker, I would like to have as our next speaker a gentleman
who, for 8 years, has toiled on the ABLE Act. He is the chief sponsor.
He is the young man who has made so many conversations and discussions,
not just among our Members here, but also among people all around this
country, disability groups.
I earlier accused him of being from Texas. He is actually from
Jacksonville, Florida, so I am sure I will get lots of cards and
letters about that. We wish he were a Texan, but he is from Florida.
Mr. Speaker, I yield 4 minutes to the gentleman from Florida (Mr.
Crenshaw).
Mr. CRENSHAW. Mr. Speaker, I thank the gentleman for yielding the
time. I thank Chairman Sessions for the work that he has done all along
the way.
Mr. Speaker, I want to urge the adoption of this rule and the
underlying legislation, particularly the ABLE Act, which the chairman
just talked about.
Eight years ago I first filed this legislation, and an awful lot of
people have spent a lot of time and a lot of energy bringing us to
where we are today.
The gentleman before me spoke about how Congress is often
dysfunctional. As we look at the ABLE Act today, I think we will have a
chance to see what can happen when people work together, when Democrats
and Republicans come together, when the House and the Senate work
together to do what is best for the people of our country.
I think it is a great illustration of what we can do, and the fact
that we have over 380 cosponsors in the House, over 70 sponsors in the
United States Senate, is a demonstration of that, what can be
accomplished when we put our minds to it and work together.
It has been pointed out that most of us know someone with a severe
disability, might be Down syndrome, might be autism. But sometimes it
is hard for us to understand the difficulties that they have to go
through, along with their families. They face challenges that we can
hardly even imagine sometimes.
The ABLE Act seeks to try to remedy that situation, to bring justice,
to bring peace of mind to millions of American families who have to
live with disabilities every day. It does that by creating these tax-
free savings accounts, allows the money that they set aside to grow
tax-free as long as they use those proceeds for qualified expenses. And
what that does is it simply gives those individuals with disabilities a
chance for the American Dream.
They have hopes and dreams just like we all do, and this will give
them the tool to open the door to a brighter future, the way to realize
their full potential.
{time} 1345
We help other people save for college by creating 529 tax-advantaged
accounts. We allow people to save for their health care by creating
health savings accounts. We allow people to save for their retirements
through individual retirement accounts and 401(k)'s.
It seems only fair that we offer individuals with disabilities the
same tax-advantaged tools, so they can realize their dreams, maybe get
a job, maybe save for the future, maybe go to college.
I just hope that, as we adopt this rule and as we move into the ABLE
Act, that we will all continue to work together because I can't think
of anything more special, as more of a privilege, than for us as a
Congress to speak up for those who so often can't speak for themselves.
[[Page 16485]]
I urge the adoption of the rule and of the underlying bill as well.
Ms. SLAUGHTER. Mr. Speaker, I reserve the balance of my time.
Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
A number of people who asked to speak today are on their way here,
and we will do that.
I really want to stand up for just a few minutes, pending those
several Members coming here, to say to you and to the American people,
Mr. Speaker, that this country--America--is a great, great, great
country. It is great because of its people. There is a lot that has
been said today and on other days about some of our frailties, about
some of our warts, about some of the problems that we have.
I think what Mr. Crenshaw said in his remarks is most appropriate
because you have a man who has a number of very important issues that
he carries on behalf of his congressional district in Jacksonville,
Florida. He spoke about also taking the time to be a voice for millions
of people across this country, not just for those whom he saw
specifically in Jacksonville.
You heard the gentleman, Mr. Meadows, speak very plainly about two
Down syndrome young women of our country who are key assets to our
country. We weren't asking for anything else today through this ABLE
Act that Mr. Crenshaw has so ably moved forward--it has taken 8 years--
than for people to have equity or fairness.
In the larger scheme of things, as a parent of a Down syndrome young
man, I looked at where we stood, and said, ``Why wouldn't we allow the
fairness?''
Really, let's look at it another way. Why would we want to keep these
disabled individuals from having fairness? Why do we want to keep them
poor and in the same circumstances they are in? Why would we want
everyone else to be treated under one set of rules and, because they
are disabled, they are treated another way?
These are questions and discussions that have been in my family now
for 20 years. I don't know why Alex is my special gift. He is perfect.
God made every child perfect in His image. We are the ones who
struggle.
Today, we are working together as the House of Representatives for a
bill that Mr. Crenshaw saw a need for, and he had the fortitude and the
opportunity today because of John Boehner. Yes, Chris Van Hollen, a
Democrat Member of this body; yes, some United States Senators,
including Senator Harkin of Iowa and, yes, Senator Casey from
Pennsylvania; yes, Cathy McMorris Rodgers, a senior member of our
Republican leadership team who, by the way, has a Down syndrome son,
Cole--we all worked together. This is a special thing.
I think, today, it ought to be a pat on the back for us, an
opportunity for us to say this is important and this is good. That is
what we should remember from today, in that we may not go to sleep
knowing our job is done, but that we did something right by coming
together as a body.
My dear colleague Louise Slaughter, who is from New York, very
clearly understood a long time ago, as she put her name on the bill,
that this is a good bill. Members of the Rules Committee, who typically
don't put their names on bills, put their names on this bill--380
Members of this body. See, there are good things that happen.
I do want to thank my colleague, Ms. Slaughter. I do want to thank
people because this is a bipartisan effort. This is a chance for us to
work together, and I think we did a good job today.
I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I have no further requests for time.
Mr. SESSIONS. Mr. Speaker, in reply to the gentlewoman, I will let
her make her closing arguments, and then I will do the same.
Ms. SLAUGHTER. Mr. Speaker, in closing, the Democrats have
reservations on these bills, but extending tax credits to ensure
continuity in the Tax Code is very important to us, even though we know
that large pieces of America have been left out of this bill.
It causes us great sadness, but nonetheless, we recognize the need to
get this done. All of us appreciate the opportunity for the brothers
and sisters with disabilities to have the stability that they need, and
we are certainly in concert with that.
I yield back the balance of my time.
Mr. SESSIONS. Mr. Speaker, I yield myself the balance of my time.
It has been mentioned a couple of times today, but I also want to
thank you, Mr. Speaker, the gentleman from Georgia, for your
distinguished service, not only to the people of Georgia in your
district, but also to the people--your friends--who are in this body,
who have benefited from your service on the Appropriations Committee
and who knew that you took time, just as we are doing here today, to
deal with the intricacies of NIH, to deal with the intricacies of
cancer, to deal with the intricacies of disabilities, to deal with the
intricacies of our working together as a country and as a body and as
Americans to make life better for people.
Mr. Speaker, your years of service here--some 20 years of service
that you have given--have been of distinguished service. I have known
you for a long time and have admired you.
I want to thank the gentleman, Jack Kingston, for his great service
to America, which is exactly in line with what we are doing today.
Thank you, sir. I appreciate your hard work. Your being in the chair
as we do this is not by accident. It is on purpose. With the
distinguished opportunity that you have of serving as the Speaker pro
tempore today, I appreciate your great service.
Mr. Speaker, we have made the case today of what we are trying to do.
We are on the floor to bring certainty to the Tax Code for one more
year. It is not perfect--the gentleman from Vermont noted that--but it
is an opportunity as best as we can do in the environment that we are
in, and that is what this is about. It is the knowledge that we are
going to wake up and do the best that we can for the American people.
Today is about the American people and their Tax Code. Today is about
the ABLE Act and about millions of people with disabilities who are
attempting as best as they can to make due with what they have but who,
tomorrow, can get fairness and equity in that process. It is about an
opportunity for families not to question why but to dig in and help.
Today is yet another opportunity when not only the gentlewoman, Ms.
Slaughter, and I may work together in our tutelage as chairman and
ranking member of the Rules Committee but when we can have a common
sense of purpose. This is not perfect, but the world can be better
today and tomorrow.
I would ask my fellow Members to understand that we are here asking
for everybody to vote ``yes'' on the rule. They can do what they want
to do on the underlying legislation, but today is an opportunity to
give thanks for the opportunities that lie ahead of us that are about
others instead of ourselves.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
Ms. BONAMICI. Mr. Speaker, as the 113th Congress draws to a close,
American businesses and families are looking to us with hopes for a new
spirit of bipartisanship and decisive action. We should take this
opportunity to find common ground and give certainty to our
constituents instead of continuing to postpone difficult choices and
leaving the tough decisions for next year.
The bill before us today, H.R. 5771, extends several important tax
provisions, many of which I have actively supported over the last two
years. But by failing to extend these provisions beyond 2014, we have
missed the chance to provide much-needed certainty to our constituents.
For this reason I am reluctantly supporting H.R. 5771, but also calling
on my colleagues to embrace long-term solutions as we consider these
important issues going forward.
The production tax credit for renewable energy has been key to the
growth of an important industry in my home state of Oregon and in this
country, and ending it in 2014 jeopardizes new investments in our
communities and job creation opportunities. H.R. 5771 extends the
production tax credit, but the short-term
[[Page 16486]]
nature of the extension makes it difficult for the wind industry and
others to meaningfully plan future projects. This does nothing to end
our dependence on fossil fuels from other nations, and it doesn't
create any incentives for innovative clean energy companies to hire
additional employees.
H.R. 5771 does provide some relief to underwater homeowners who have
had a portion of their mortgage debt forgiven, and that is a provision
that comes as a great relief to many of our constituents. But still
others will wonder what to expect in tax year 2015 and beyond, thus
adding to the financial instability that prevents families from feeling
the benefits of the slowly developing economic recovery.
Making businesses and families in our districts wait until the end of
the year to find out whether we will grant a retroactive extension of
many tax provisions that affect their returns and their finances is
unacceptable. Governing by crisis must end now. Americans and
Oregonians expect more from us, and they deserve more from us. H.R.
5771 is a small step in the right direction, but Congress needs to do
more and give our constituents the certainty they need to lead us to a
robust economic recovery.
Mr. VAN HOLLEN. Mr. Speaker, as Ranking Member of the House Budget
Committee, it is abundantly clear to me that what our country needs
most right now--and what we really should be voting on today--is
comprehensive, pro-growth tax reform that encourages investment at
home, drives job creation and delivers broadly shared prosperity to all
Americans.
Instead, we are voting to retroactively extend a group of over 50,
mostly business-related, temporary tax provisions that expired at the
end of last year--until the end of this year. Which is now about four
weeks away.
That's what today's legislation does. It retroactively takes these
50-odd expired provisions back to the beginning of the year, and then
extends them forward for the next four weeks, at which point they will
expire again and we'll be right back to square one.
Let me be clear: I support a number of these expiring provisions--
like the R&D Tax Credit--and think they should be made permanent as
part of comprehensive tax reform. And there are additional steps I
think we should be taking--like extending the Health Care Tax Credit
for trade-displaced workers and older workers whose pensions have been
taken over by the PBGC. And ending the egregious practice of so-called
corporate inversions once and for all.
I am reluctantly supporting this bill because, without it, many
individuals and businesses would see an effective tax increase.
But Mr. Speaker, at some point, we're going to have to stop kicking
the can down the road. From my perspective, that moment can't come soon
enough.
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.
Ms. SLAUGHTER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess subject to the call of the Chair.
Accordingly (at 1 o'clock and 55 minutes p.m.), the House stood in
recess.
____________________
{time} 1440
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Simpson) at 2 o'clock and 40 minutes p.m.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings
will resume on questions previously postponed.
Votes will be taken in the following order:
Adoption of H. Res. 766, by the yeas and nays;
Motion to suspend the rules on H.R. 5769, by the yeas and nays;
Approval of the Journal, by the yeas and nays.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.
____________________
PROVIDING FOR CONSIDERATION OF H.R. 5771, TAX INCREASE PREVENTION ACT
OF 2014, AND PROVIDING FOR CONSIDERATION OF H.R. 647, ACHIEVING A
BETTER LIFE EXPERIENCE ACT OF 2014
The SPEAKER pro tempore. The unfinished business is the vote on
adoption of the resolution (H. Res. 766) providing for consideration of
the bill (H.R. 5771) to amend the Internal Revenue Code of 1986 to
extend certain expiring provisions and make technical corrections, and
for other purposes, and providing for consideration of the bill (H.R.
647) to amend the Internal Revenue Code of 1986 to provide for the tax
treatment of ABLE accounts established under State programs for the
care of family members with disabilities, and for other purposes, on
which the yeas and nays were ordered.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the resolution.
The vote was taken by electronic device, and there were--yeas 231,
nays 192, not voting 11, as follows:
[Roll No. 540]
YEAS--231
Amash
Amodei
Bachmann
Bachus
Barber
Barletta
Barr
Barton
Benishek
Bentivolio
Bilirakis
Black
Blackburn
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Byrne
Calvert
Camp
Campbell
Capito
Carter
Cassidy
Chabot
Chaffetz
Clawson (FL)
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Delaney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Himes
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
Lipinski
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
McAllister
McCarthy (CA)
McCaul
McClintock
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)
NAYS--192
Adams
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
[[Page 16487]]
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
DeLauro
DelBene
Deutch
Dingell
Doggett
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Massie
Matheson
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sires
Slaughter
Smith (WA)
Speier
Stockman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Waxman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--11
Aderholt
Bishop (UT)
Capuano
Doyle
Duckworth
Gingrey (GA)
Hall
McCarthy (NY)
Miller, Gary
Negrete McLeod
Price (GA)
{time} 1510
Messrs. SCHNEIDER, DINGELL, STOCKMAN, Ms. DeLAURO, and Mr. BISHOP of
Georgia changed their vote from ``yea'' to ``nay.''
Mr. McINTYRE and Ms. SINEMA changed their vote from ``nay'' to
``yea.''
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.
____________________
HOWARD COBLE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2014
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 5769) to authorize
appropriations for the Coast Guard for fiscal year 2015, and for other
purposes, on which the yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Hunter) that the House suspend the rules
and pass the bill.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 413,
nays 3, not voting 18, as follows:
[Roll No. 541]
YEAS--413
Adams
Amash
Amodei
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Bass
Beatty
Becerra
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Black
Blackburn
Blumenauer
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Camp
Campbell
Capito
Cardenas
Carney
Carson (IN)
Carter
Cartwright
Cassidy
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coble
Coffman
Cohen
Collins (GA)
Collins (NY)
Conaway
Connolly
Conyers
Cook
Cooper
Cotton
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Daines
Davis (CA)
Davis, Danny
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers
Engel
Enyart
Eshoo
Esty
Farenthold
Farr
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grijalva
Grimm
Guthrie
Gutierrez
Hahn
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Himes
Hinojosa
Holding
Holt
Honda
Horsford
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurt
Israel
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jones
Jordan
Kaptur
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Labrador
LaMalfa
Lamborn
Lance
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
Latta
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matheson
Matsui
McAllister
McCarthy (CA)
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meadows
Meehan
Meeks
Meng
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, George
Moore
Moran
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Noem
Nolan
Norcross
Nugent
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Petri
Pingree (ME)
Pittenger
Pitts
Pocan
Poe (TX)
Polis
Pompeo
Posey
Price (GA)
Price (NC)
Quigley
Rahall
Rangel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schneider
Schock
Schwartz
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Speier
Stewart
Stivers
Stockman
Stutzman
Swalwell (CA)
Takano
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tierney
Tipton
Titus
Tonko
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walorski
Walz
Wasserman Schultz
Waters
Waxman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Yarmuth
Yoder
Yoho
Young (AK)
Young (IN)
NAYS--3
Bonamici
DeFazio
Schrader
NOT VOTING--18
Aderholt
Bishop (UT)
Capps
Capuano
Cole
Costa
Davis, Rodney
Doyle
Duckworth
Gingrey (GA)
Hall
Issa
Joyce
McCarthy (NY)
Miller, Gary
Negrete McLeod
Rogers (AL)
Woodall
{time} 1517
So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. COSTA. Mr. Speaker, on rollcall No. 541, had I been present, I
would have voted ``aye.''
Mr. ROGERS of Alabama. Mr. Speaker, on rollcall No. 541, I was off
the floor in a meeting and missed this second vote in the series. Had I
been present, I would have voted ``yes.''
____________________
THE JOURNAL
The SPEAKER pro tempore. The unfinished business is the question on
[[Page 16488]]
agreeing to the Speaker's approval of the Journal, on which the yeas
and nays were ordered.
The question is on the Speaker's approval of the Journal.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 275,
nays 137, answered ``present'' 2, not voting 20, as follows:
[Roll No. 542]
YEAS--275
Adams
Amodei
Bachmann
Bachus
Barber
Barletta
Barrow (GA)
Barton
Beatty
Becerra
Bilirakis
Bishop (GA)
Black
Blackburn
Blumenauer
Bonamici
Boustany
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (FL)
Bustos
Butterfield
Byrne
Calvert
Camp
Campbell
Capito
Cardenas
Carson (IN)
Carter
Cassidy
Castro (TX)
Chabot
Chu
Cicilline
Clark (MA)
Clawson (FL)
Clay
Cleaver
Coble
Cohen
Cole
Collins (NY)
Connolly
Conyers
Cook
Cooper
Courtney
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Cummings
Daines
Davis (CA)
Davis, Danny
DeGette
DeLauro
DelBene
Dent
DesJarlais
Deutch
Dingell
Doggett
Duncan (SC)
Duncan (TN)
Edwards
Ellmers
Engel
Enyart
Eshoo
Farenthold
Farr
Fattah
Fincher
Fleischmann
Fortenberry
Foster
Frankel (FL)
Gabbard
Gallego
Garrett
Gerlach
Gibbs
Goodlatte
Gowdy
Granger
Graves (GA)
Grayson
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Gutierrez
Hahn
Hanabusa
Harper
Harris
Hartzler
Hastings (WA)
Heck (WA)
Hensarling
Higgins
Himes
Hinojosa
Horsford
Huelskamp
Huffman
Hultgren
Hunter
Hurt
Issa
Johnson (GA)
Johnson, Sam
Jolly
Joyce
Kaptur
Kelly (IL)
Kelly (PA)
Kennedy
Kildee
King (IA)
King (NY)
Kingston
Kline
Labrador
LaMalfa
Lamborn
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
Latta
Levin
Lipinski
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Maloney, Carolyn
Marchant
Marino
Massie
Matsui
McAllister
McCarthy (CA)
McCaul
McClintock
McCollum
McHenry
McKeon
McMorris Rodgers
McNerney
Meadows
Meehan
Meng
Messer
Mica
Michaud
Miller (MI)
Moore
Moran
Mullin
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Noem
Nunes
Nunnelee
O'Rourke
Olson
Palazzo
Pascrell
Payne
Pearce
Pelosi
Perlmutter
Petri
Pingree (ME)
Pitts
Pocan
Polis
Pompeo
Posey
Price (NC)
Quigley
Rangel
Ribble
Rice (SC)
Roby
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Ryan (WI)
Salmon
Sanford
Scalise
Schiff
Schneider
Schock
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Speier
Stewart
Stutzman
Takano
Thornberry
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Vela
Wagner
Walden
Walorski
Walz
Wasserman Schultz
Waters
Waxman
Webster (FL)
Welch
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wolf
Womack
Yarmuth
Yoho
Young (IN)
NAYS--137
Amash
Barr
Bass
Benishek
Bentivolio
Bera (CA)
Bishop (NY)
Brady (PA)
Broun (GA)
Brownley (CA)
Buchanan
Bucshon
Burgess
Carney
Cartwright
Castor (FL)
Chaffetz
Clarke (NY)
Clyburn
Coffman
Collins (GA)
Conaway
Costa
Cotton
Crowley
Davis, Rodney
DeFazio
Delaney
Denham
DeSantis
Duffy
Ellison
Esty
Fitzpatrick
Fleming
Flores
Forbes
Foxx
Frelinghuysen
Fudge
Garamendi
Garcia
Gardner
Gibson
Gosar
Graves (MO)
Green, Al
Green, Gene
Hanna
Hastings (FL)
Heck (NV)
Herrera Beutler
Holding
Holt
Honda
Hoyer
Hudson
Huizenga (MI)
Israel
Jackson Lee
Jeffries
Jenkins
Johnson (OH)
Johnson, E. B.
Jones
Jordan
Keating
Kilmer
Kind
Kinzinger (IL)
Kirkpatrick
Kuster
Lance
Lee (CA)
Lewis
LoBiondo
Lynch
Maffei
Maloney, Sean
Matheson
McDermott
McGovern
McKinley
Meeks
Miller (FL)
Miller, George
Mulvaney
Murphy (FL)
Norcross
Nugent
Pallone
Pastor (AZ)
Paulsen
Perry
Peters (CA)
Peters (MI)
Peterson
Pittenger
Poe (TX)
Price (GA)
Rahall
Reed
Reichert
Renacci
Richmond
Rigell
Roe (TN)
Ros-Lehtinen
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Sewell (AL)
Sires
Slaughter
Stivers
Stockman
Swalwell (CA)
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tiberi
Tipton
Upton
Valadao
Veasey
Velazquez
Visclosky
Walberg
Weber (TX)
Wittman
Woodall
Yoder
Young (AK)
ANSWERED ``PRESENT''--2
Gohmert
Owens
NOT VOTING--20
Aderholt
Bishop (UT)
Brady (TX)
Braley (IA)
Capps
Capuano
Diaz-Balart
Doyle
Duckworth
Franks (AZ)
Gingrey (GA)
Grijalva
Hall
McCarthy (NY)
McIntyre
Miller, Gary
Negrete McLeod
Nolan
Schwartz
Turner
{time} 1524
So the Journal was approved.
The result of the vote was announced as above recorded.
____________________
ACHIEVING A BETTER LIFE EXPERIENCE ACT OF 2014
Mr. CAMP. Mr. Speaker, pursuant to House Resolution 766, I call up
the bill (H.R. 647) to amend the Internal Revenue Code of 1986 to
provide for the tax treatment of ABLE accounts established under State
programs for the care of family members with disabilities, and for
other purposes, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to H. Res. 766, in lieu of the
amendment in the nature of a substitute recommended by the Committee on
Ways and Means, printed in the bill, the amendment in the nature of a
substitute printed in part B of House Report 113-643 is adopted, and
the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 647
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Achieving
a Better Life Experience Act of 2014'' or the ``ABLE Act of
2014''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; etc.
TITLE I--QUALIFIED ABLE PROGRAMS
Sec. 101. Purposes.
Sec. 102. Qualified ABLE programs.
Sec. 103. Treatment of ABLE accounts under certain Federal programs.
Sec. 104. Treatment of able accounts in bankruptcy.
Sec. 105. Investment direction rule for 529 plans.
TITLE II--OFFSETS
Sec. 201. Correction to workers compensation offset age.
Sec. 202. Accelerated application of relative value targets for
misvalued services in the Medicare physician fee
schedule.
Sec. 203. Consistent treatment of vacuum erection systems in Medicare
Parts B and D.
Sec. 204. One-year delay of implementation of oral-only policy under
Medicare ESRD prospective payment system.
Sec. 205. Modification relating to Inland Waterways Trust Fund
financing rate.
Sec. 206. Certified professional employer organizations.
Sec. 207. Exclusion of dividends from controlled foreign corporations
from the definition of personal holding company income
for purposes of the personal holding company rules.
Sec. 208. Inflation adjustment for certain civil penalties under the
Internal Revenue Code of 1986.
Sec. 209. Increase in continuous levy.
TITLE I--QUALIFIED ABLE PROGRAMS
SEC. 101. PURPOSES.
The purposes of this title are as follows:
(1) To encourage and assist individuals and families in
saving private funds for the purpose of supporting
individuals with disabilities to maintain health,
independence, and quality of life.
(2) To provide secure funding for disability-related
expenses on behalf of designated beneficiaries with
disabilities that will supplement, but not supplant, benefits
provided through private insurance, the Medicaid program
under
[[Page 16489]]
title XIX of the Social Security Act, the supplemental
security income program under title XVI of such Act, the
beneficiary's employment, and other sources.
SEC. 102. QUALIFIED ABLE PROGRAMS.
(a) In General.--Subchapter F of chapter 1 is amended by
inserting after section 529 the following new section:
``SEC. 529A. QUALIFIED ABLE PROGRAMS.
``(a) General Rule.--A qualified ABLE program shall be
exempt from taxation under this subtitle. Notwithstanding the
preceding sentence, such program shall be subject to the
taxes imposed by section 511 (relating to imposition of tax
on unrelated business income of charitable organizations).
``(b) Qualified ABLE Program.--For purposes of this
section--
``(1) In general.--The term `qualified ABLE program' means
a program established and maintained by a State, or agency or
instrumentality thereof--
``(A) under which a person may make contributions for a
taxable year, for the benefit of an individual who is an
eligible individual for such taxable year, to an ABLE account
which is established for the purpose of meeting the qualified
disability expenses of the designated beneficiary of the
account,
``(B) which limits a designated beneficiary to 1 ABLE
account for purposes of this section,
``(C) which allows for the establishment of an ABLE account
only for a designated beneficiary who is a resident of such
State or a resident of a contracting State, and
``(D) which meets the other requirements of this section.
``(2) Cash contributions.--A program shall not be treated
as a qualified ABLE program unless it provides that no
contribution will be accepted--
``(A) unless it is in cash, or
``(B) except in the case of contributions under subsection
(c)(1)(C), if such contribution to an ABLE account would
result in aggregate contributions from all contributors to
the ABLE account for the taxable year exceeding the amount in
effect under section 2503(b) for the calendar year in which
the taxable year begins.
For purposes of this paragraph, rules similar to the rules of
section 408(d)(4) (determined without regard to subparagraph
(B) thereof) shall apply.
``(3) Separate accounting.--A program shall not be treated
as a qualified ABLE program unless it provides separate
accounting for each designated beneficiary.
``(4) Limited investment direction.--A program shall not be
treated as a qualified ABLE program unless it provides that
any designated beneficiary under such program may, directly
or indirectly, direct the investment of any contributions to
the program (or any earnings thereon) no more than 2 times in
any calendar year.
``(5) No pledging of interest as security.--A program shall
not be treated as a qualified ABLE program if it allows any
interest in the program or any portion thereof to be used as
security for a loan.
``(6) Prohibition on excess contributions.--A program shall
not be treated as a qualified ABLE program unless it provides
adequate safeguards to prevent aggregate contributions on
behalf of a designated beneficiary in excess of the limit
established by the State under section 529(b)(6). For
purposes of the preceding sentence, aggregate contributions
include contributions under any prior qualified ABLE program
of any State or agency or instrumentality thereof.
``(c) Tax Treatment.--
``(1) Distributions.--
``(A) In general.--Any distribution under a qualified ABLE
program shall be includible in the gross income of the
distributee in the manner as provided under section 72 to the
extent not excluded from gross income under any other
provision of this chapter.
``(B) Distributions for qualified disability expenses.--For
purposes of this paragraph, if distributions from a qualified
ABLE program--
``(i) do not exceed the qualified disability expenses of
the designated beneficiary, no amount shall be includible in
gross income, and
``(ii) in any other case, the amount otherwise includible
in gross income shall be reduced by an amount which bears the
same ratio to such amount as such expenses bear to such
distributions.
``(C) Change in designated beneficiaries or programs.--
``(i) Rollovers from able accounts.--Subparagraph (A) shall
not apply to any amount paid or distributed from an ABLE
account to the extent that the amount received is paid, not
later than the 60th day after the date of such payment or
distribution, into another ABLE account for the benefit of
the same designated beneficiary or an eligible individual who
is a family member of the designated beneficiary.
``(ii) Change in designated beneficiaries.--Any change in
the designated beneficiary of an interest in a qualified ABLE
program during a taxable year shall not be treated as a
distribution for purposes of subparagraph (A) if the new
beneficiary is an eligible individual for such taxable year
and a member of the family of the former beneficiary.
``(iii) Limitation on certain rollovers.--Clause (i) shall
not apply to any transfer if such transfer occurs within 12
months from the date of a previous transfer to any qualified
ABLE program for the benefit of the designated beneficiary.
``(D) Operating rules.--For purposes of applying section
72--
``(i) except to the extent provided by the Secretary, all
distributions during a taxable year shall be treated as one
distribution, and
``(ii) except to the extent provided by the Secretary, the
value of the contract, income on the contract, and investment
in the contract shall be computed as of the close of the
calendar year in which the taxable year begins.
``(2) Gift tax rules.--For purposes of chapters 12 and 13--
``(A) Contributions.--Any contribution to a qualified ABLE
program on behalf of any designated beneficiary--
``(i) shall be treated as a completed gift to such
designated beneficiary which is not a future interest in
property, and
``(ii) shall not be treated as a qualified transfer under
section 2503(e).
``(B) Treatment of distributions.--In no event shall a
distribution from an ABLE account to such account's
designated beneficiary be treated as a taxable gift.
``(C) Treatment of transfer to new designated
beneficiary.--The taxes imposed by chapters 12 and 13 shall
not apply to a transfer by reason of a change in the
designated beneficiary under subsection (c)(1)(C).
``(3) Additional tax for distributions not used for
disability expenses.--
``(A) In general.--The tax imposed by this chapter for any
taxable year on any taxpayer who receives a distribution from
a qualified ABLE program which is includible in gross income
shall be increased by 10 percent of the amount which is so
includible.
``(B) Exception.--Subparagraph (A) shall not apply if the
payment or distribution is made to a beneficiary (or to the
estate of the designated beneficiary) on or after the death
of the designated beneficiary.
``(C) Contributions returned before certain date.--
Subparagraph (A) shall not apply to the distribution of any
contribution made during a taxable year on behalf of the
designated beneficiary if--
``(i) such distribution is received on or before the day
prescribed by law (including extensions of time) for filing
such designated beneficiary's return for such taxable year,
and
``(ii) such distribution is accompanied by the amount of
net income attributable to such excess contribution.
Any net income described in clause (ii) shall be included in
gross income for the taxable year in which such excess
contribution was made.
``(4) Loss of able account treatment.--If an ABLE account
is established for a designated beneficiary, no account
subsequently established for such beneficiary shall be
treated as an ABLE account. The preceding sentence shall not
apply in the case of an account established for purposes of a
rollover described in paragraph (1)(C)(i) of this section if
the transferor account is closed as of the end of the 60th
day referred to in paragraph (1)(C)(i).
``(d) Reports.--
``(1) In general.--Each officer or employee having control
of the qualified ABLE program or their designee shall make
such reports regarding such program to the Secretary and to
designated beneficiaries with respect to contributions,
distributions, the return of excess contributions, and such
other matters as the Secretary may require.
``(2) Certain aggregated information.--For research
purposes, the Secretary shall make available to the public
reports containing aggregate information, by diagnosis and
other relevant characteristics, on contributions and
distributions from the qualified ABLE program. In carrying
out the preceding sentence an item may not be made available
to the public if such item can be associated with, or
otherwise identify, directly or indirectly, a particular
individual.
``(3) Notice of establishment of able account.--A qualified
ABLE program shall submit a notice to the Secretary upon the
establishment of an ABLE account. Such notice shall contain
the name and State of residence of the designated beneficiary
and such other information as the Secretary may require.
``(4) Electronic distribution statements.--For purposes of
section 4 of the Achieving a Better Life Experience Act of
2014, States shall submit electronically on a monthly basis
to the Commissioner of Social Security, in the manner
specified by the Commissioner, statements on relevant
distributions and account balances from all ABLE accounts.
``(5) Requirements.--The reports and notices required by
paragraphs (1), (2), and (3) shall be filed at such time and
in such manner and furnished to such individuals at such time
and in such manner as may be required by the Secretary.
``(e) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Eligible individual.--An individual is an eligible
individual for a taxable year if during such taxable year--
``(A) the individual is entitled to benefits based on
blindness or disability under title II or XVI of the Social
Security Act, and such blindness or disability occurred
before the date on which the individual attained age 26, or
``(B) a disability certification with respect to such
individual is filed with the Secretary for such taxable year.
``(2) Disability certification.--
``(A) In general.--The term `disability certification'
means, with respect to an individual, a certification to the
satisfaction of the Secretary by the individual or the parent
or guardian of the individual that--
``(i) certifies that--
``(I) the individual has a medically determinable physical
or mental impairment, which
[[Page 16490]]
results in marked and severe functional limitations, and
which can be expected to result in death or which has lasted
or can be expected to last for a continuous period of not
less than 12 months, or is blind (within the meaning of
section 1614(a)(2) of the Social Security Act), and
``(II) such blindness or disability occurred before the
date on which the individual attained age 26, and
``(ii) includes a copy of the individual's diagnosis
relating to the individual's relevant impairment or
impairments, signed by a physician meeting the criteria of
section 1861(r)(1) of the Social Security Act.
``(B) Restriction on use of certification.--No inference
may be drawn from a disability certification for purposes of
establishing eligibility for benefits under title II, XVI, or
XIX of the Social Security Act.
``(3) Designated beneficiary.--The term `designated
beneficiary' in connection with an ABLE account established
under a qualified ABLE program means the eligible individual
who established an ABLE account and is the owner of such
account.
``(4) Member of family.--The term `member of the family'
means, with respect to any designated beneficiary, an
individual who bears a relationship to such beneficiary which
is described in subparagraph section 152(d)(2)(B). For
purposes of the preceding sentence, a rule similar to the
rule of section 152(f)(1)(B) shall apply.
``(5) Qualified disability expenses.--The term `qualified
disability expenses' means any expenses related to the
eligible individual's blindness or disability which are made
for the benefit of an eligible individual who is the
designated beneficiary, including the following expenses:
education, housing, transportation, employment training and
support, assistive technology and personal support services,
health, prevention and wellness, financial management and
administrative services, legal fees, expenses for oversight
and monitoring, funeral and burial expenses, and other
expenses, which are approved by the Secretary under
regulations and consistent with the purposes of this section.
``(6) ABLE account.--The term `ABLE account' means an
account established by an eligible individual, owned by such
eligible individual, and maintained under a qualified ABLE
program.
``(7) Contracting state.--The term `contracting State'
means a State without a qualified ABLE program which has
entered into a contract with a State with a qualified ABLE
program to provide residents of the contracting State access
to a qualified ABLE program.
``(f) Transfer to State.--Subject to any outstanding
payments due for qualified disability expenses, upon the
death of the designated beneficiary, all amounts remaining in
the qualified ABLE account not in excess of the amount equal
to the total medical assistance paid for the designated
beneficiary after the establishment of the account, net of
any premiums paid from the account or paid by or on behalf of
the beneficiary to a Medicaid Buy-In program under any State
Medicaid plan established under title XIX of the Social
Security Act, shall be distributed to such State upon filing
of a claim for payment by such State. For purposes of this
paragraph, the State shall be a creditor of an ABLE account
and not a beneficiary. Subsection (c)(3) shall not apply to a
distribution under the preceding sentence.
``(g) Regulations.--The Secretary shall prescribe such
regulations or other guidance as the Secretary determines
necessary or appropriate to carry out the purposes of this
section, including regulations--
``(1) to enforce the 1 ABLE account per eligible individual
limit,
``(2) providing for the information required to be
presented to open an ABLE account,
``(3) to generally define qualified disability expenses,
``(4) developed in consultation with the Commissioner of
Social Security, relating to disability certifications and
determinations of disability, including those conditions
deemed to meet the requirements of subsection (e)(1)(B),
``(5) to prevent fraud and abuse with respect to amounts
claimed as qualified disability expenses,
``(6) under chapters 11, 12, and 13 of this title, and
``(7) to allow for transfers from one ABLE account to
another ABLE account.''.
(b) Tax on Excess Contributions.--
(1) In general.--Subsection (a) of section 4973 (relating
to tax on excess contributions to certain tax-favored
accounts and annuities) is amended by striking ``or'' at the
end of paragraph (4), by inserting ``or'' at the end of
paragraph (5), and by inserting after paragraph (5) the
following new paragraph:
``(6) an ABLE account (within the meaning of section
529A),''.
(2) Excess contribution.--Section 4973 is amended by adding
at the end the following new subsection:
``(h) Excess Contributions to ABLE Account.--For purposes
of this section--
``(1) In general.--In the case of an ABLE account (within
the meaning of section 529A), the term `excess contributions'
means the amount by which the amount contributed for the
taxable year to such account (other than contributions under
section 529A(c)(1)(C)) exceeds the contribution limit under
section 529A(b)(2)(B).
``(2) Special rule.--For purposes of this subsection, any
contribution which is distributed out of the ABLE account in
a distribution to which the last sentence of section
529A(b)(2) applies shall be treated as an amount not
contributed.''.
(c) Penalty for Failure to File Reports.--Section
6693(a)(2) is amended by striking ``and'' at the end of
subparagraph (D), by redesignating subparagraph (E) as
subparagraph (F), and by inserting after subparagraph (D) the
following:
``(E) section 529A(d) (relating to qualified ABLE
programs), and''.
(d) Records.--Section 552a(a)(8)(B) of title 5, United
States Code, is amended--
(1) in clause (viii), by striking ``or'' at the end;
(2) in clause (ix), by adding ``or'' at the end; and
(3) by adding at the end the following new clause:
``(x) matches performed pursuant to section 3(d)(4) of the
Achieving a Better Life Experience Act of 2014;''.
(e) Other Conforming Amendments.--
(1) Section 26(b)(2) is amended by striking ``and'' at the
end of subparagraph (W), by striking the period at the end of
subparagraph (X) and inserting ``, and'', and by inserting
after subparagraph (X) the following:
``(Y) section 529A(c)(3)(A) (relating to additional tax on
ABLE account distributions not used for qualified disability
expenses).''.
(2) Section 877A is amended--
(A) in subsection (e)(2) by inserting ``a qualified ABLE
program (as defined in section 529A),'' after ``529),'', and
(B) in subsection (g)(6) by inserting ``529A(c)(3),'' after
``529(c)(6),''.
(3) Section 4965(c) is amended by striking ``or'' at the
end of paragraph (6), by striking the period at the end of
paragraph (7) and inserting ``, or'', and by inserting after
paragraph (7) the following new paragraph:
``(8) a program described in section 529A.''.
(4) The heading for part VIII of subchapter F of chapter 1
is amended by striking ``higher education'' and inserting
``certain''.
(5) The item in the table of parts for subchapter F of
chapter 1 relating to part VIII is amended to read as
follows:
``Part VIII. Certain Savings Entities.''.
(6) The table of sections for part VIII of subchapter F of
chapter 1 is amended by inserting after the item relating to
section 529 the following new item:
``Sec. 529A. Qualified ABLE programs.''.
(7) Paragraph (4) of section 1027(g) of the Consumer
Financial Protection Act of 2010 (12 U.S.C. 5517(g)(4)) is
amended by inserting ``, 529A'' after ``529''.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
(2) Regulations.--The Secretary of the Treasury (or the
Secretary's designee) shall promulgate the regulations or
other guidance required under section 529A(g) of the Internal
Revenue Code of 1986, as added by subsection (a), not later
than 6 months after the date of the enactment of this Act.
SEC. 103. TREATMENT OF ABLE ACCOUNTS UNDER CERTAIN FEDERAL
PROGRAMS.
(a) Account Funds Disregarded for Purposes of Certain Other
Means-Tested Federal Programs.--Notwithstanding any other
provision of Federal law that requires consideration of 1 or
more financial circumstances of an individual, for the
purpose of determining eligibility to receive, or the amount
of, any assistance or benefit authorized by such provision to
be provided to or for the benefit of such individual, any
amount (including earnings thereon) in the ABLE account
(within the meaning of section 529A of the Internal Revenue
Code of 1986) of such individual, any contributions to the
ABLE account of the individual, and any distribution for
qualified disability expenses (as defined in subsection
(e)(5) of such section) shall be disregarded for such purpose
with respect to any period during which such individual
maintains, makes contributions to, or receives distributions
from such ABLE account, except that, in the case of the
supplemental security income program under title XVI of the
Social Security Act--
(1) a distribution for housing expenses (within the meaning
of such subsection) shall not be so disregarded, and
(2) in the case of such program, any amount (including such
earnings) in such ABLE account shall be considered a resource
of the designated beneficiary to the extent that such amount
exceeds $100,000.
(b) Suspension of SSI Benefits During Periods of Excessive
Account Funds.--
(1) In general.--The benefits of an individual under the
supplemental security income program under title XVI of the
Social Security Act shall not be terminated, but shall be
suspended, by reason of excess resources of the individual
attributable to an amount in the ABLE account (within the
meaning of section 529A of the Internal Revenue Code of 1986)
of the individual not disregarded under subsection (a) of
this section.
(2) No impact on medicaid eligibility.--An individual who
would be receiving payment of such supplemental security
income benefits but for the application of paragraph (1)
shall be treated for purposes of title XIX of the Social
Security Act as if the individual continued to be receiving
payment of such benefits.
(c) Effective Date.--This section shall take effect on the
date of the enactment of this Act.
[[Page 16491]]
SEC. 104. TREATMENT OF ABLE ACCOUNTS IN BANKRUPTCY.
(a) Exclusion From Property of the Estate.--Section 541(b)
of the title 11, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon and ``or''; and
(3) by inserting after paragraph (9) the following:
``(10) funds placed in an account of a qualified ABLE
program (as defined in section 529A(b) of the Internal
Revenue Code of 1986) not later than 365 days before the date
of the filing of the petition in a case under this title,
but--
``(A) only if the designated beneficiary of such account
was a child, stepchild, grandchild, or stepgrandchild of the
debtor for the taxable year for which funds were placed in
such account;
``(B) only to the extent that such funds--
``(i) are not pledged or promised to any entity in
connection with any extension of credit; and
``(ii) are not excess contributions (as described in
section 4973(h) of the Internal Revenue Code of 1986); and
``(C) in the case of funds placed in all such accounts
having the same designated beneficiary not earlier than 720
days nor later than 365 days before such date, only so much
of such funds as does not exceed $6,225.''.
(b) Debtor's Monthly Expenses.--Section
707(b)(2)(A)(ii)(II) of title 11, United States Code, is
amended by adding at the end ``Such monthly expenses may
include, if applicable, contributions to an account of a
qualified ABLE program to the extent such contributions are
not excess contributions (as described in section 4973(h) of
the Internal Revenue Code of 1986) and if the designated
beneficiary of such account is a child, stepchild,
grandchild, or stepgrandchild of the debtor.''.
(c) Record of Debtor's Interest.--Section 521(c) of title
11, United States Code, is amended by inserting ``, an
interest in an account in a qualified ABLE program (as
defined in section 529A(b) of such Code,'' after ``Internal
Revenue Code of 1986)''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to cases commenced under title 11,
United States Code, on or after the date of the enactment of
this Act.
SEC. 105. INVESTMENT DIRECTION RULE FOR 529 PLANS.
(a) Amendments Relating to Investment Direction Rule for
529 Plans.--
(1) Paragraph (4) of section 529(b) is amended by striking
``may not directly or indirectly'' and all that follows and
inserting ``may, directly or indirectly, direct the
investment of any contributions to the program (or any
earnings thereon) no more than 2 times in any calendar
year.''.
(2) The heading of paragraph (4) of section 529(b)is
amended by striking ``No'' and inserting ``Limited''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2014.
TITLE II--OFFSETS
SEC. 201. CORRECTION TO WORKERS COMPENSATION OFFSET AGE.
(a) Retirement Age.--Section 224(a) of the Social Security
Act (42 U.S.C. 424a(a)) is amended, in the matter preceding
paragraph (1), by striking ``the age of 65'' and inserting
``retirement age (as defined in section 216(l)(1))''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to any individual who attains 65
years of age on or after the date that is 12 months after the
date of the enactment of this Act.
SEC. 202. ACCELERATED APPLICATION OF RELATIVE VALUE TARGETS
FOR MISVALUED SERVICES IN THE MEDICARE
PHYSICIAN FEE SCHEDULE.
Section 1848(c) of the Social Security Act (42 U.S.C.
1395w-4(c)) is amended--
(1) in subclause (VIII) of paragraph (2)(B)(v), as added by
section 220(d)(2) of the Protecting Access to Medicare Act of
2014 (Public Law 113-93)--
(A) by striking ``2017'' and inserting ``2016''; and
(B) by redesignating such subclause as subclause (IX);
(2) in paragraph (2)(O)--
(A) in the matter preceding clause (i), by striking ``2017
through 2020'' and inserting ``2016 through 2018'';
(B) in clause (iii), by striking ``2017'' and inserting
``2016''; and
(C) in clause (v), by inserting ``(or, for 2016, 1.0
percent)'' after ``0.5 percent''; and
(3) in paragraph (7), by striking ``2017'' and inserting
``2016''.
SEC. 203. CONSISTENT TREATMENT OF VACUUM ERECTION SYSTEMS IN
MEDICARE PARTS B AND D.
Section 1834(a)(1) of the Social Security Act (42 U.S.C.
1395m(a)(1)) is amended by adding at the end the following
new subparagraph:
``(I) Treatment of vacuum erection systems.--Effective for
items and services furnished on and after July 1, 2015,
vacuum erection systems described as prosthetic devices
described in section 1861(s)(8) shall be treated in the same
manner as erectile dysfunction drugs are treated for purposes
of section 1860D-2(e)(2)(A).''.
SEC. 204. ONE-YEAR DELAY OF IMPLEMENTATION OF ORAL-ONLY
POLICY UNDER MEDICARE ESRD PROSPECTIVE PAYMENT
SYSTEM.
Section 632(b)(1) of the American Taxpayer Relief Act of
2012 (42 U.S.C. 1395rr note), as amended by section 217(a)(1)
of the Protecting Access to Medicare Act of 2014 (Public Law
113-93), is amended by striking ``2024'' and inserting
``2025''.
SEC. 205. MODIFICATION RELATING TO INLAND WATERWAYS TRUST
FUND FINANCING RATE.
(a) In General.--Section 4042(b)(2)(A) is amended to read
as follows:
``(A) The Inland Waterways Trust Fund financing rate is 29
cents per gallon.''.
(b) Effective Date.--The amendment made by this section
shall apply to fuel used after March 31, 2015.
SEC. 206. CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.
(a) Employment Taxes.--Chapter 25 is amended by adding at
the end the following new section:
``SEC. 3511. CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.
``(a) General Rules.--For purposes of the taxes, and other
obligations, imposed by this subtitle--
``(1) a certified professional employer organization shall
be treated as the employer (and no other person shall be
treated as the employer) of any work site employee performing
services for any customer of such organization, but only with
respect to remuneration remitted by such organization to such
work site employee, and
``(2) the exemptions, exclusions, definitions, and other
rules which are based on type of employer and which would
(but for paragraph (1)) apply shall apply with respect to
such taxes imposed on such remuneration.
``(b) Successor Employer Status.--For purposes of sections
3121(a)(1), 3231(e)(2)(C), and 3306(b)(1)--
``(1) a certified professional employer organization
entering into a service contract with a customer with respect
to a work site employee shall be treated as a successor
employer and the customer shall be treated as a predecessor
employer during the term of such service contract, and
``(2) a customer whose service contract with a certified
professional employer organization is terminated with respect
to a work site employee shall be treated as a successor
employer and the certified professional employer organization
shall be treated as a predecessor employer.
``(c) Liability of Certified Professional Employer
Organization.--Solely for purposes of its liability for the
taxes and other obligations imposed by this subtitle--
``(1) a certified professional employer organization shall
be treated as the employer of any individual (other than a
work site employee or a person described in subsection (f))
who is performing services covered by a contract meeting the
requirements of section 7705(e)(2), but only with respect to
remuneration remitted by such organization to such
individual, and
``(2) the exemptions, exclusions, definitions, and other
rules which are based on type of employer and which would
(but for paragraph (1)) apply shall apply with respect to
such taxes imposed on such remuneration.
``(d) Treatment of Credits.--
``(1) In general.--For purposes of any credit specified in
paragraph (2)--
``(A) such credit with respect to a work site employee
performing services for the customer applies to the customer,
not the certified professional employer organization,
``(B) the customer, and not the certified professional
employer organization, shall take into account wages and
employment taxes--
``(i) paid by the certified professional employer
organization with respect to the work site employee, and
``(ii) for which the certified professional employer
organization receives payment from the customer, and
``(C) the certified professional employer organization
shall furnish the customer and the Secretary with any
information necessary for the customer to claim such credit.
``(2) Credits specified.--A credit is specified in this
paragraph if such credit is allowed under--
``(A) section 41 (credit for increasing research activity),
``(B) section 45A (Indian employment credit),
``(C) section 45B (credit for portion of employer social
security taxes paid with respect to employee cash tips),
``(D) section 45C (clinical testing expenses for certain
drugs for rare diseases or conditions),
``(E) section 45R (employee health insurance expenses of
small employers),
``(F) section 51 (work opportunity credit),
``(G) section 1396 (empowerment zone employment credit),
and
``(H) any other section as provided by the Secretary.
``(e) Special Rule for Related Party.--This section shall
not apply in the case of a customer which bears a
relationship to a certified professional employer
organization described in section 267(b) or 707(b). For
purposes of the preceding sentence, such sections shall be
applied by substituting `10 percent' for `50 percent'.
``(f) Special Rule for Certain Individuals.--For purposes
of the taxes imposed under this subtitle, an individual with
net earnings from self-employment derived from the customer's
trade or business (including a partner in a partnership that
is a customer) is not a work site employee with respect to
remuneration paid by a certified professional employer
organization.
``(g) Reporting Requirements and Obligations.--The
Secretary shall develop such reporting and recordkeeping
rules, regulations, and
[[Page 16492]]
procedures as the Secretary determines necessary or
appropriate to ensure compliance with this title by certified
professional employer organizations or persons that have been
so certified. Such rules shall include--
``(1) notification of the Secretary in such manner as the
Secretary shall prescribe in the case of the commencement or
termination of a service contract described in section
7705(e)(2) between such a person and a customer, and the
employer identification number of such customer,
``(2) such information as the Secretary determines
necessary for the customer to claim the credits identified in
subsection (d) and the manner in which such information is to
be provided, as prescribed by the Secretary, and
``(3) such other information as the Secretary determines is
essential to promote compliance with respect to the credits
identified in subsection (d) and section 3302, and
shall be designed in a manner which streamlines, to the
extent possible, the application of requirements of this
section and section 7705, the exchange of information between
a certified professional employer organization and its
customers, and the reporting and recordkeeping obligations of
the certified professional employer organization.
``(h) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section.''.
(b) Certified Professional Employer Organization Defined.--
Chapter 79 is amended by adding at the end the following new
section:
``SEC. 7705. CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.
``(a) In General.--For purposes of this title, the term
`certified professional employer organization' means a person
who applies to be treated as a certified professional
employer organization for purposes of section 3511 and has
been certified by the Secretary as meeting the requirements
of subsection (b).
``(b) Certification Requirements.--A person meets the
requirements of this subsection if such person--
``(1) demonstrates that such person (and any owner,
officer, and other persons as may be specified in
regulations) meets such requirements as the Secretary shall
establish, including requirements with respect to tax status,
background, experience, business location, and annual
financial audits,
``(2) agrees that it will satisfy the bond and independent
financial review requirements of subsection (c) on an ongoing
basis,
``(3) agrees that it will satisfy such reporting
obligations as may be imposed by the Secretary,
``(4) computes its taxable income using an accrual method
of accounting unless the Secretary approves another method,
``(5) agrees to verify on such periodic basis as the
Secretary may prescribe that it continues to meet the
requirements of this subsection, and
``(6) agrees to notify the Secretary in writing within such
time as the Secretary may prescribe of any change that
materially affects the continuing accuracy of any agreement
or information that was previously made or provided under
this subsection.
``(c) Bond and Independent Financial Review.--
``(1) In general.--An organization meets the requirements
of this paragraph if such organization--
``(A) meets the bond requirements of paragraph (2), and
``(B) meets the independent financial review requirements
of paragraph (3).
``(2) Bond.--
``(A) In general.--A certified professional employer
organization meets the requirements of this paragraph if the
organization has posted a bond for the payment of taxes under
subtitle C (in a form acceptable to the Secretary) that is in
an amount at least equal to the amount specified in
subparagraph (B).
``(B) Amount of bond.--For the period April 1 of any
calendar year through March 31 of the following calendar
year, the amount of the bond required is equal to the greater
of--
``(i) 5 percent of the organization's liability under
section 3511 for taxes imposed by subtitle C during the
preceding calendar year (but not to exceed $1,000,000), or
``(ii) $50,000.
``(3) Independent financial review requirements.--A
certified professional employer organization meets the
requirements of this paragraph if such organization--
``(A) has, as of the most recent audit date, caused to be
prepared and provided to the Secretary (in such manner as the
Secretary may prescribe) an opinion of an independent
certified public accountant as to whether the certified
professional employer organization's financial statements are
presented fairly in accordance with generally accepted
accounting principles, and
``(B) provides to the Secretary an assertion regarding
Federal employment tax payments and an examination level
attestation on such assertion from an independent certified
public accountant not later than the last day of the second
month beginning after the end of each calendar quarter.
Such assertion shall state that the organization has withheld
and made deposits of all taxes imposed by chapters 21, 22,
and 24 in accordance with regulations imposed by the
Secretary for such calendar quarter and such examination
level attestation shall state that such assertion is fairly
stated, in all material respects.
``(4) Controlled group rules.--For purposes of the
requirements of paragraphs (2) and (3), all certified
professional employer organizations that are members of a
controlled group within the meaning of sections 414(b) and
(c) shall be treated as a single organization.
``(5) Failure to file assertion and attestation.--If the
certified professional employer organization fails to file
the assertion and attestation required by paragraph (3) with
respect to any calendar quarter, then the requirements of
paragraph (3) with respect to such failure shall be treated
as not satisfied for the period beginning on the due date for
such attestation.
``(6) Audit date.--For purposes of paragraph (3)(A), the
audit date shall be six months after the completion of the
organization's fiscal year.
``(d) Suspension and Revocation Authority.--The Secretary
may suspend or revoke a certification of any person under
subsection (b) for purposes of section 3511 if the Secretary
determines that such person is not satisfying the agreements
or requirements of subsections (b) or (c), or fails to
satisfy applicable accounting, reporting, payment, or deposit
requirements.
``(e) Work Site Employee.--For purposes of this title--
``(1) In general.--The term `work site employee' means,
with respect to a certified professional employer
organization, an individual who--
``(A) performs services for a customer pursuant to a
contract which is between such customer and the certified
professional employer organization and which meets the
requirements of paragraph (2), and
``(B) performs services at a work site meeting the
requirements of paragraph (3).
``(2) Service contract requirements.--A contract meets the
requirements of this paragraph with respect to an individual
performing services for a customer if such contract is in
writing and provides that the certified professional employer
organization shall--
``(A) assume responsibility for payment of wages to such
individual, without regard to the receipt or adequacy of
payment from the customer for such services,
``(B) assume responsibility for reporting, withholding, and
paying any applicable taxes under subtitle C, with respect to
such individual's wages, without regard to the receipt or
adequacy of payment from the customer for such services,
``(C) assume responsibility for any employee benefits which
the service contract may require the certified professional
employer organization to provide, without regard to the
receipt or adequacy of payment from the customer for such
benefits,
``(D) assume responsibility for recruiting, hiring, and
firing workers in addition to the customer's responsibility
for recruiting, hiring, and firing workers,
``(E) maintain employee records relating to such
individual, and
``(F) agree to be treated as a certified professional
employer organization for purposes of section 3511 with
respect to such individual.
``(3) Work site coverage requirement.--The requirements of
this paragraph are met with respect to an individual if at
least 85 percent of the individuals performing services for
the customer at the work site where such individual performs
services are subject to 1 or more contracts with the
certified professional employer organization which meet the
requirements of paragraph (2) (but not taking into account
those individuals who are excluded employees within the
meaning of section 414(q)(5)).
``(f) Public Disclosure.--The Secretary shall make
available to the public the name and address of--
``(1) each person certified as a professional employer
organization under subsection (a), and
``(2) each person whose certification as a professional
employer organization is suspended or revoked under
subsection (d).
``(g) Determination of Employment Status.--Except to the
extent necessary for purposes of section 3511, nothing in
this section shall be construed to affect the determination
of who is an employee or employer for purposes of this title.
``(h) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section.''.
(c) Conforming Amendments.--
(1) Section 3302 is amended by adding at the end the
following new subsection:
``(h) Treatment of Certified Professional Employer
Organizations.--If a certified professional employer
organization (as defined in section 7705), or a customer of
such organization, makes a contribution to the State's
unemployment fund with respect to wages paid to a work site
employee, such certified professional employer organization
shall be eligible for the credits available under this
section with respect to such contribution.''.
(2) Section 3303(a) is amended--
(A) by striking the period at the end of paragraph (3) and
inserting ``; and'' and by inserting after paragraph (3) the
following new paragraph:
``(4) if the taxpayer is a certified professional employer
organization (as defined in section 7705) that is treated as
the employer under section 3511, such certified professional
employer organization is permitted to collect and remit, in
accordance with paragraphs (1), (2), and (3), contributions
during the taxable year to the State unemployment fund with
respect to a work site employee.'', and
(B) in the last sentence--
(i) by striking ``paragraphs (1), (2), and (3)'' and
inserting ``paragraphs (1), (2), (3), and (4)'', and
[[Page 16493]]
(ii) by striking ``paragraph (1), (2), or (3)'' and
inserting ``paragraph (1), (2), (3), or (4)''.
(3) Section 6053(c) is amended by adding at the end the
following new paragraph:
``(8) Certified professional employer organizations.--For
purposes of any report required by this subsection, in the
case of a certified professional employer organization that
is treated under section 3511 as the employer of a work site
employee, the customer with respect to whom a work site
employee performs services shall be the employer for purposes
of reporting under this section and the certified
professional employer organization shall furnish to the
customer and the Secretary any information the Secretary
prescribes as necessary to complete such reporting no later
than such time as the Secretary shall prescribe.''.
(4) Section 6652 is amended by adding at the end the
following new subsection:
``(n) Failure to Make Reports Required Under Sections 3511,
6053(c)(8), and 7705.--In the case of a failure to make a
report required under section 3511, 6053(c)(8), or 7705 which
contains the information required by such section on the date
prescribed therefor (determined with regard to any extension
of time for filing), there shall be paid (on notice and
demand by the Secretary and in the same manner as tax) by the
person failing to make such report, an amount equal to $50
for each report with respect to which there was such a
failure. In the case of any failure due to negligence or
intentional disregard the preceding sentence shall be applied
by substituting `$100' for `$50'.''.
(d) Clerical Amendments.--
(1) The table of sections for chapter 25 is amended by
adding at the end the following new item:
``Sec. 3511. Certified professional employer organizations.''.
(2) The table of sections for chapter 79 is amended by
inserting after the item relating to section 7704 the
following new item:
``Sec. 7705. Certified professional employer organizations.''.
(f) User Fees.--Section 7528(b) is amended by adding at the
end the following new paragraph:
``(4) Certified professional employer organizations.--The
fee charged under the program in connection with the
certification by the Secretary of a professional employer
organization under section 7705 shall be an annual fee not to
exceed $1,000 per year.''.
(g) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply with respect to wages for services performed on or
after January 1 of the first calendar year beginning more
than 12 months after the date of the enactment of this Act.
(2) Certification program.--The Secretary of the Treasury
shall establish the certification program described in
section 7705(b) of the Internal Revenue Code of 1986, as
added by subsection (b), not later than 6 months before the
effective date determined under paragraph (1).
(h) No Inference.--Nothing contained in this section or the
amendments made by this section shall be construed to create
any inference with respect to the determination of who is an
employee or employer--
(1) for Federal tax purposes (other than the purposes set
forth in the amendments made by this section), or
(2) for purposes of any other provision of law.
SEC. 207. EXCLUSION OF DIVIDENDS FROM CONTROLLED FOREIGN
CORPORATIONS FROM THE DEFINITION OF PERSONAL
HOLDING COMPANY INCOME FOR PURPOSES OF THE
PERSONAL HOLDING COMPANY RULES.
(a) In General.--Section 543(a)(1) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively, and
(2) by inserting after subparagraph (B) the following:
``(C) dividends received by a United States shareholder (as
defined in section 951(b)) from a controlled foreign
corporation (as defined in section 957(a)),''.
(b) Effective Date.--The amendments made by this Act shall
apply to taxable years ending on or after the date of the
enactment of this Act.
SEC. 208. INFLATION ADJUSTMENT FOR CERTAIN CIVIL PENALTIES
UNDER THE INTERNAL REVENUE CODE OF 1986.
(a) Failure to File Tax Return or Pay Tax.--Section 6651 is
amended by adding at the end the following new subsection:
``(i) Adjustment for Inflation.--
``(1) In general.--In the case of any return required to be
filed in a calendar year beginning after 2014, the $135
dollar amount under subsection (a) shall be increased by such
dollar amount multiplied by the cost-of-living adjustment
determined under section 1(f)(3) determined by substituting
`calendar year 2013' for `calendar year 1992' in subparagraph
(B) thereof.
``(2) Rounding.--If any amount adjusted under paragraph (1)
is not a multiple of $5, such amount shall be rounded to the
next lowest multiple of $5.''.
(b) Failure to File Certain Information Returns,
Registration Statements, etc.--
(1) In general.--Section 6652(c) is amended by adding at
the end the following new paragraph:
``(6) Adjustment for inflation.--
``(A) In general.--In the case of any failure relating to a
return required to be filed in a calendar year beginning
after 2014, each of the dollar amounts under paragraphs (1),
(2), and (3) shall be increased by such dollar amount
multiplied by the cost-of-living adjustment determined under
section 1(f)(3) determined by substituting `calendar year
2013' for `calendar year 1992' in subparagraph (B) thereof.
``(B) Rounding.--If any amount adjusted under subparagraph
(A)--
``(i) is not less than $5,000 and is not a multiple of
$500, such amount shall be rounded to the next lowest
multiple of $500, and
``(ii) is not described in clause (i) and is not a multiple
of $5, such amount shall be rounded to the next lowest
multiple of $5.''.
(2) Conforming amendments.--
(A) The last sentence of section 6652(c)(1)(A) is amended
by striking ``the first sentence of this subparagraph shall
be applied by substituting `$100' for `$20' and'' and
inserting ``in applying the first sentence of this
subparagraph, the amount of the penalty for each day during
which a failure continues shall be $100 in lieu of the amount
otherwise specified, and''.
(B) Section 6652(c)(2)(C)(ii) is amended by striking ``the
first sentence of paragraph (1)(A)'' and all that follows and
inserting ``in applying the first sentence of paragraph
(1)(A), the amount of the penalty for each day during which a
failure continues shall be $100 in lieu of the amount
otherwise specified, and in lieu of applying the second
sentence of paragraph (1)(A), the maximum penalty under
paragraph (1)(A) shall not exceed $50,000, and''.
(c) Other Assessable Penalties With Respect to the
Preparation of Tax Returns for Other Persons.--Section 6695
is amended by adding at the end the following new subsection:
``(h) Adjustment for Inflation.--
``(1) In general.--In the case of any failure relating to a
return or claim for refund filed in a calendar year beginning
after 2014, each of the dollar amounts under subsections (a),
(b), (c), (d), (e), (f), and (g) shall be increased by such
dollar amount multiplied by the cost-of-living adjustment
determined under section 1(f)(3) determined by substituting
`calendar year 2013' for `calendar year 1992' in subparagraph
(B) thereof.
``(2) Rounding.--If any amount adjusted under subparagraph
(A)--
``(A) is not less than $5,000 and is not a multiple of
$500, such amount shall be rounded to the next lowest
multiple of $500, and
``(B) is not described in clause (i) and is not a multiple
of $5, such amount shall be rounded to the next lowest
multiple of $5.''.
(d) Failure to File Partnership Return.--Section 6698 is
amended by adding at the end the following new subsection:
``(e) Adjustment for Inflation.--
``(1) In general.--In the case of any return required to be
filed in a calendar year beginning after 2014, the $195
dollar amount under subsection (b)(1) shall be increased by
such dollar amount multiplied by the cost-of-living
adjustment determined under section 1(f)(3) determined by
substituting `calendar year 2013' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount adjusted under paragraph (1)
is not a multiple of $5, such amount shall be rounded to the
next lowest multiple of $5.''.
(e) Failure to File S Corporation Return.--Section 6699 is
amended by adding at the end the following new subsection:
``(e) Adjustment for Inflation.--
``(1) In general.--In the case of any return required to be
filed in a calendar year beginning after 2014, the $195
dollar amount under subsection (b)(1) shall be increased by
such dollar amount multiplied by the cost-of-living
adjustment determined under section 1(f)(3) determined by
substituting `calendar year 2013' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount adjusted under paragraph (1)
is not a multiple of $5, such amount shall be rounded to the
next lowest multiple of $5.''.
(f) Failure to File Correct Information Returns.--Section
6721(f)(1) is amended by striking ``For each fifth calendar
year beginning after 2012'' and inserting ``In the case of
any failure relating to a return required to be filed in a
calendar year beginning after 2014''.
(g) Failure to Furnish Correct Payee Statements.--Section
6722(f)(1) is amended by striking ``For each fifth calendar
year beginning after 2012'' and inserting ``In the case of
any failure relating to a statement required to be furnished
in a calendar year beginning after 2014''.
(h) Effective Date.--The amendments made by this section
shall apply to returns required to be filed after December
31, 2014.
SEC. 209. INCREASE IN CONTINUOUS LEVY.
(a) In General.--Paragraph (3) of section 6331(h) is
amended by striking the period at the end and inserting ``and
by substituting `30 percent' for `15 percent' in the case of
any specified payment due to a Medicare provider or supplier
under title XVIII of the Social Security Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to payments made after 180 days after the date of
the enactment of this Act.
The SPEAKER pro tempore. The gentleman from Michigan (Mr. Camp) and
the gentleman from Michigan (Mr. Levin) each will control 30 minutes.
The Chair recognizes the gentleman from Michigan (Mr. Camp).
General Leave
Mr. CAMP. Mr. Speaker, I ask unanimous consent that all Members have
5
[[Page 16494]]
legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 647.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, many of us know the joys and responsibilities of being a
parent. We spend years ensuring our children have the skills and
education to reach their full potential as they grow and enter
adulthood.
Many of these everyday responsibilities parents face can and often do
increase tremendously when they have a child with a disability. Today,
we have an opportunity to ease some of those challenges.
The Achieving a Better Life Experience Act, commonly known as the
ABLE Act, will allow those with disabilities and their caregivers to
have the stability and security of knowing that they can save and
provide for their education, housing, and medical expenses in the
future.
In short, the ABLE Act lets those with disabilities set up tax-free
savings accounts to help them manage the costs of medical care,
housing, transportation, and continued education. This will allow those
who are on Medicaid and SSI to work, earn, and save more while still
receiving these important benefits.
It is important to note that these savings accounts will be available
to all individuals with disabilities and their caretakers, not just
those on Medicaid and SSI.
This is a commonsense bill that will aid those with disabilities and
their caretakers so they can live more fulfilling, happy lives and have
the ability to provide for a better future.
{time} 1530
At the same time, this will not burden taxpayers since the cost of
the ABLE Act is fully offset by the savings provisions in this bill.
These offsets are a balanced and fair mix of savings provisions that
all Members should be able to support.
This bill is supported by more than 70 leading organizations and
health care professionals, including the American Association of People
with Disabilities, the Autism Society of America, Autism Speaks, the
Brain Injury Association of America, Easter Seals, the National
Association of Councils on Developmental Disabilities, the National
Disability Institute, the National Down Syndrome Society, the National
Federation of the Blind, and The Arc.
They support this bill because they know it will help more disabled
individuals help themselves. That is all I can ask for--that is all
anyone can ask for--and it is something I am pleased this legislation
provides. This is why the ABLE Act has 380 cosponsors in the House and
74 cosponsors in the Senate.
I want to particularly thank the sponsor of this legislation, my good
friend from Florida, Representative Ander Crenshaw, as well as
Representatives Sessions, McMorris Rodgers, and Van Hollen for their
diligence in helping us bring this legislation to the floor today.
Mr. Speaker, it is not every day that we have a chance to clear major
hurdles in front of people who simply need a hand up. That is what this
bill does, and I encourage all Members to support it.
I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
With this bill, we can help millions of Americans who are living with
disabilities become more financially secure. Just as families today can
open tax-free accounts to save for the future costs of college for
their children, this legislation would make it easier for families to
save money for disability-related expenses like transportation,
housing, and health prevention and wellness. The ABLE Act aims to ease
the financial burden on these individuals and their families.
I applaud the efforts of Congressmen Crenshaw, Van Hollen, Sessions,
and you, Chairman Camp, among others.
The CBO estimates the cost of the bill will be $2 billion over 10
years. The bill is paid for through $638 million in revenue offsets and
$1.4 billion in spending cuts.
There has been active bipartisan work on paying for this bill, and
there is broad agreement on the revenue offsets. There is some
opposition to the Medicare offsets included in the bill because the
legislation uses Medicare savings for nonhealth purposes.
We have challenges ahead, including important work on SGR. I
understand the concern about Medicare offsets. I think it is important
as we proceed on this bill to stress that it must not be considered a
precedent for using Medicare savings to pay for unrelated costs
associated with tax changes.
The ABLE Act provides much-needed relief, as we have said, to
families and their children with disabilities. This is an important
step forward for them in a very personal way. I support its passage.
I reserve the balance of my time.
Mr. CAMP. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from Florida (Mr. Crenshaw), who is the sponsor of the bill.
Mr. CRENSHAW. Mr. Speaker, I thank the gentleman for yielding the
time.
Let me first just say thank you to Chairman Camp, the chairman of the
Ways and Means Committee, for his hard work in bringing this bill out
of the Ways and Means Committee with a unanimous vote. I thank him and
his staff who have worked long and hard to bring this bill to the floor
today.
On a personal note, as Chairman Camp leaves the Congress this year, I
want to express my thanks and gratitude for his friendship over the
years and for his leadership not only for the people of Michigan, but
for the people of America. You will be missed.
Mr. Speaker, when we talk about the ABLE Act, I think that this is a
great example of what can be accomplished when people work together.
People say we don't always work together, but here is a case where
people have come together--Democrats and Republicans, the House working
with the Senate--for the common good of the people of America.
I think all of us probably know somebody, either a family member or
maybe a friend of the family--somebody--who has a disability. It might
be Down syndrome, or it might be autism, or it might be some other
disability, but sometimes, I don't think we understand the difficulty
and the challenges that those individuals and their families face. They
are beyond our comprehension sometimes because we are lucky in the way
that we can live.
The ABLE Act seeks to address that inequity. It seeks to help those
people who so often society overlooks or maybe the government
overlooks. The ABLE Act is very simple, it is very straightforward, it
is understandable, and we have come to this after 8 years of hard work.
When I first filed the bill in 2006, there were very few cosponsors
of this legislation, but over the years, an awful lot of people on both
sides of the aisle have worked long and hard to make this legislation
better. Some of the individuals who have these disabilities come to
Washington every year. They have gone out, and they have talked to
their individual Representatives.
That is one of the reasons we have 380 cosponsors in the House. It is
because those individuals have gone to an office and have sat down and
have said, ``This is something that would make a difference in my
life.'' And those Members have said, ``We want to help.'' The same
thing has happened in the Senate.
You heard Chairman Camp talk about how that takes place. Individuals
with disabilities can create a tax-free savings account, put their own
money in that account, and have a chance to actually save for their
futures.
Those dollars grow tax free, and as long as they are used for
qualified expenses, such as medical expenses or maybe educational or
job training expenses, they can use those proceeds. We already allow
folks to help themselves by setting up tax-free savings accounts to
save for college. It is called a 529.
We allow people to save for their retirements through a tax-free
savings account called an IRA or a 401(k), and
[[Page 16495]]
we allow people to save for their health insurance by the creation of
health savings accounts. It only seems fair to me and to all of us that
we would provide the same sort of treatment to those individuals who
are less fortunate than we are.
Now, we have a situation in which the ABLE accounts will open a door
to a bright future to millions of Americans. It will give those
individuals a chance to realize their hopes and their dreams, to be
part of the American Dream, and to be able to achieve their full
potential.
I can't think of anything that is more rewarding. I can't think of
any greater privilege than to speak out for people who can't always
speak for themselves. This ABLE Act will bring justice, and it will
bring peace of mind to millions of American families who live with
disabilities every day. I think that is something worth fighting for.
Mr. LEVIN. Mr. Speaker, it is now my real pleasure to yield 3 minutes
to the gentleman from Maryland (Mr. Van Hollen), another person like
Mr. Crenshaw and others who have been working so hard on this issue for
a long time.
Mr. VAN HOLLEN. Mr. Speaker, let me start by thanking my colleague,
Ranking Member Levin, for yielding but, most importantly, for his
partnership on this important bipartisan legislation.
I also want to thank my colleagues on the other side of the aisle.
Chairman Camp, thank you for all of your efforts and diligence in
getting us to this point. To our fellow cosponsors--Congressman
Crenshaw, Congresswoman McMorris Rodgers, Congressman Sessions, and
others--thank you for all you have done to get us to this point.
To our colleagues on the other side of the Capitol, Senator Bob Casey
and Senator Richard Burr, this has been a team effort.
Mr. Speaker, like Congressman Crenshaw, I want to especially
recognize and honor those families from across the country who actually
worked so hard over so many years to get us to this point. Many of
those families are in the gallery today. Others are watching from
around the country.
At a time when there is deep cynicism about the ability or lack of
ability of Congress and the government to function, they broke through
that cynicism and are an example to others of what we can do and can
accomplish by working together.
Because of their efforts, as we heard, we have 380 cosponsors,
Republicans and Democrats, in the House and 74 United States Senators,
Republicans and Democrats. With that broad bipartisan and bicameral
support, everyone worked together to get to this point.
We have heard what this does. It provides an opportunity for families
with kids or other members of the families with disabilities to put
aside a little money, tax free, to help defray some of the extra
medical costs that are incurred by those families.
It is a benefit available to families who are sending their kids to
college, and we should make sure that we provide that kind of benefit
to families who are trying to make sure their loved ones are cared for.
That is what this does. It is about equity. It is about fairness. It
is about making sure that every child has the opportunity to reach his
or her full potential. It is a time-honored American value, and that is
why this has attracted such broad support.
Mr. Speaker, no single piece of legislation--nothing we can do here--
can single-handedly eliminate the additional medical and financial
burdens faced by families living and loving and caring for their
children with disabilities every day, but this act, this ABLE Act, can
help ease that financial burden and can help assist families in some
small way in ensuring that their children receive the love and care
they deserve.
I thank my colleagues for coming together on this important effort,
and I hope it gets through the Senate and to the President's desk,
where it can be signed soon.
Thank you, Mr. Chairman, and thank you, everybody, for being a part
of this effort.
The SPEAKER pro tempore (Mr. Yoder). The Chair would remind all
Members that the rules require Members to refrain from referencing
occupants in the gallery.
Mr. CAMP. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Washington State (Mrs. McMorris Rodgers), the distinguished chair of
the House Republican Conference.
Mrs. McMORRIS RODGERS. Thank you very much, Mr. Chairman, and thank
you for your tremendous leadership.
To my colleagues on both sides of the aisle in the House and in the
Senate, I thank them for their tremendous support.
Mr. Speaker, I join in rising in strong support of H.R. 647, the
Achieving a Better Life Experience Act, the ABLE Act, which will help
millions of Americans and families save for their futures.
Today is the day we have been waiting for, for a long time, and I am
so proud to stand here with my colleagues, with the advocates who are
here, with the families across the Nation who have spent countless
days, weeks, years pushing us across the finish line.
For me, personally, this bill is about a little boy who was diagnosed
with Down syndrome 3 days after he was born. His diagnosis came with a
list of future complications: endless doctors' visits and therapy
sessions, potential heart defects, even early Alzheimer's.
Seven years later, as the mom of that little boy, nothing has given
me greater joy than watching Cole grow and the tremendous impact that
he is already having on this world.
When Cole was born, my husband and I were told don't put any assets
in his name because he may need to qualify for one of these programs in
the future. That is the wrong message to send to parents who are ready
to save--who are ready to sacrifice--to ensure that their children have
an opportunity for a better life.
The ABLE Act is going to change this. It is going to empower
individuals with disabilities and empower their families through tax-
free savings accounts to save for college, retirement, and other future
expenses.
As a part of America's new Congress, we are here to advance real
solutions, solutions to make people's lives better, solutions that will
empower all Americans no matter where you come from, no matter how much
money to your name, or what challenges you face.
The ABLE Act is one of the many ways that we are going to do that. It
is going to empower millions, including my son Cole, with the
opportunity for a better life.
I encourage my colleagues on both sides of the aisle to support H.R.
647.
Mr. LEVIN. Mr. Speaker, I now yield 3 minutes to the gentleman from
Washington (Mr. McDermott), another distinguished member of our
committee.
{time} 1545
Mr. McDERMOTT. Mr. Speaker, I want to begin by being very clear. I
support the ABLE Act itself. It is a compassionate bill that seeks to
expand the common good by providing tax-free savings accounts for
disabled Americans. If we were voting on that bill today, I would
strongly support it. But the ABLE Act isn't the issue here. The issue
is how we are going to pay for it. And the proposal we are considering
today is just one that jeopardizes the future of our safety net.
Newt Gingrich talked about wanting to have Medicare wither on the
vine. That has always been the desire of the Republicans. So today we
are setting out on an unprecedented and dangerous course in the funding
of this bill.
In a last-minute development, the Congress is now considering using
cuts to Medicare to offset the cost of this legislation, taking away
from the old people and giving it to these folks. That is their idea of
a balanced act.
There has been no serious debate. There has never been a hearing and
no thoughtful discussion of the implications of this proposal. If we
vote to make these cuts, we will take the first step down a slippery
slope that directly undermines the social safety net.
I have checked with the experts in the nonpartisan Congressional
Research Service and couldn't find one
[[Page 16496]]
example in which Congress has used Medicare as a piggy bank to pay for
a tax bill. And that is what this bill is, basically, a tax exemption.
It is a good idea, but are we going to use Medicare to pay for it?
Because, mark my words, when it comes time to offer another tax break,
my colleagues on the other side will come after Medicare again; and the
next time, the cut will be deeper and easier because we did it today.
I believe that we should not be a part of beginning to rip Medicare
at the very bottom. It looks like just a little bit. And they will say,
oh, it is only a tiny bit, and it is not going to affect anybody. But
you are establishing a precedent that you will hear again on this
floor. For that reason, I intend to vote ``no.''
AARP,
Washington, DC, December 3, 2014.
Dear Representative: As the largest nonprofit, nonpartisan
organization representing the interests of Americans age 50
and older and their families, AARP urges you to reject using
Medicare savings as an offset to pay for non-healthcare
programs, including the cost of the Achieving a Better Life
Experience (ABLE) Act of 2014.
AARP has consistently advocated against using permanent
reductions in Medicare to pay for other unrelated government
spending. While we agree it is important to help individuals
with disabilities maintain health, independence, and quality
of life, we oppose using Medicare savings to finance tax
expenditures or other non-healthcare programs.
The ABLE Act establishes tax-exempt savings plans for
persons with disabilities, making it much easier for them and
their families to save for future expenses. Although ABLE
accounts are only available for individuals under the age of
26, the savings accrued will help with living expenses as the
person ages. This is especially important because at ages 50-
64, adults with disabilities are less than half as likely to
be employed as those without disabilities.
However, establishing the ABLE program should not be
achieved by tapping into Medicare savings. This is especially
true at a time when Medicare faces its own long term funding
needs, and when Congress will shortly need to find savings to
pay for either permanent Medicare SGR reform or another
temporary ``doc fix'' in 2015. We urge you to remove Medicare
offsets from the ABLE Act.
Sincerely,
Nancy A. LeaMond,
Executive Vice President,
State & National Group.
Mr. CAMP. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from Washington State (Mr. Reichert), a member of the Ways
and Means Committee and chairman of the Human Resources Subcommittee.
I also ask unanimous consent that the gentleman from Washington
control the remainder of my time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. REICHERT. Mr. Speaker, I thank Chairman Camp for yielding and for
all of his hard work on this legislation and for bringing it forward
today.
I thank the gentleman from Florida (Mr. Crenshaw), too, for his hard
work.
Mr. Speaker, I rise today in strong support of H.R. 647, as amended,
also known as the ABLE Act. And we have heard what ABLE stands for, but
let me just repeat it very slowly so people can understand really what
this is about: achieving better life experience for people who have
special needs and who are disabled.
We all strive to have better lives, but some people in this world
need a little help, and that is what we are doing today. Some people
might disagree with some of the ways we are going about this. The
bottom line is we are helping people that need a little special help, a
little extra help from us, and we are going to step up and do that.
This is a bipartisan piece of legislation. It is designed to help
those individuals with disabilities overcome the hurdles that they
often face holding a job and trying to live independently.
Here is the problem: if someone with a disability works and achieves
even a modest level of savings, they lose their assets to certain
safety net programs, such as Medicaid and SSI. This can discourage
individuals from pursuing work opportunities and gaining the
independence that comes through work.
Here is the solution: this legislation today. This is the solution,
Mr. Speaker. It helps individuals, regardless of disability, to achieve
the best possible quality of life by ensuring continued access to
essential safety net programs as well as tax-free savings accounts,
allowing them to pursue independence and community involvement.
These ABLE accounts would be used to cover a wide variety of expenses
related to addressing and overcoming the disabilities, and they would
grow tax-free. These costs quickly add up, as needs can range from
uncovered health care needs, education costs, housing needs,
transportation costs, assistive technology, speech-generating devices
and other technology, and personal support services.
This bill is critical because it allows individuals with ABLE
accounts to maintain their eligibility for benefits while working and
saving more for their future needs. ABLE account balances and
withdrawals are completely excluded for purposes of Medicaid; and under
the SSI program, the first $100,000 in account balances would be
excluded from being counted as resources, meaning disabled individuals
could save far more than today, while remaining eligible for benefits
along the way.
This bill is about real people--we have heard some of the stories
already this afternoon--real people who have real hopes and real
dreams, dreams of being able to support themselves and plan for the
future, dreams for a better life, and people like my godson, Kyle.
Now, Kyle today is 20 years old, but Kyle weighs 60 pounds and is in
a wheelchair. Kyle was diagnosed at 18 months old with cancer. He can't
speak. Up to this point, Kyle has only been able to save $2,000. And
once you reach that $2,000 level, that is it. If you go over that, you
don't get the benefits. Imagine if you were the parents of Kyle, trying
to save for his future, to maybe get a speech device so Mom and Dad can
hear Kyle say ``I love you,'' because he hasn't been able to say that.
Imagine not being able to hear your child say, ``I love you, Mom. I
love you, Dad.''
This savings account allows people to save that money for their
children, to buy that technology, to get that wheelchair that costs
$20,000. Some of us who are able-bodied and don't understand the
disability that people live with every day, you see a wheelchair and
there is no cost attached. We see people in wheelchairs, $20,000 and
more for people who can only use maybe their index finger and a thumb
to operate the toggle switch on a wheelchair so they can go from point
A to point B.
I am proud to be Kyle's godfather. When you wheel Kyle into a room,
he lights up the room, and we want to give him a better life. That is
what this bill does.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. REICHERT. Mr. Speaker, I yield myself an additional 30 seconds.
I would like to thank the cosponsors of this bill, the 379 Members.
But more than anyone, I would really like to especially thank the
families that have been working on this for years. It has been an honor
to visit with them, to get to know them, and to get to know their
families.
I urge a ``yes'' vote on this legislation.
I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I now yield 2 minutes to the gentleman from
New Jersey (Mr. Pallone).
Mr. PALLONE. Mr. Speaker, I think everyone here would agree that the
goals of the ABLE Act are worthy. The bill's title stands for achieving
better life experience, and it would allow for the creation of tax-free
savings accounts to benefit individuals with disabilities. These
accounts would provide a way for families raising children with
disabilities to set aside savings for their child's care.
What I am concerned about is the offsets. The bill before us today
uses Medicare cuts to pay for a tax break. Medicare is a program that
seniors and people with disabilities depend upon for their health care,
and we should not be cutting Medicare to pay for this bill.
Meanwhile, we all know that our efforts to permanently repeal and
replace the SGR in the lameduck are, unfortunately, falling flat. And
while I hope we can still pass SGR this month, if it
[[Page 16497]]
does not get done, we are going to have a Medicare bill that will cost
tens of billions of dollars in March, and Republicans will force us to
pay for every last dime, and here we are, using $1.2 billion in health
offsets for non-health bills.
In addition to the Medicare offsets, there are other offsets included
in this bill that are troublesome. The provision on certified
professional employer organizations could have a negative effect on
worker rights, including collective bargaining and organizing and
worker protections.
I say again, the goals of the ABLE Act are laudable. I hope that our
Senate colleagues will send the bill back to us without these offensive
offsets so that we can enact a good law that we can all be proud of.
Mr. REICHERT. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Roskam), a distinguished member of the Ways and Means
Committee.
Mr. ROSKAM. Mr. Speaker, I thank the gentleman for yielding.
Imagine that sense when you get the word that a new baby has been
diagnosed with something that was completely unanticipated. That has
been a situation that has been present in the lives of constituents,
family, friends, and those of us who are nearby.
I think there is a hopefulness today, Mr. Speaker, about what we are
talking about. And there are so many people that have run for office
with the idea of trying to get something done, the notion that you have
this strong of a voice all coming together saying, You know what? We
may not be able to agree about what time of day it is in this Congress,
but we can agree that we all ought to come together to help those who
are unable to help themselves or to help those who want to care for the
ones who are around them. So it is also a good lesson to learn about
the tenacity of Americans who have decided to substantively engage this
place over a period of years.
A number of minutes ago, we heard from the gentleman from Florida,
Representative Crenshaw, who talked about introducing this back in
2006. He was tenacious, and he was joined by others, and they pushed
and they pushed. Now they have accomplished something, and we are on
the verge of, actually, a great moment.
So I am here to celebrate. I am here to celebrate with my colleagues
who took the initiative. I am here to celebrate others who came
alongside. But most of all, Mr. Speaker, we are here to celebrate the
lives of those who are being supported by this act.
Mr. LEVIN. Mr. Speaker, it is now my pleasure to yield 2 minutes to
the gentlelady from the District of Columbia, Eleanor Holmes Norton.
Ms. NORTON. Mr. Speaker, I have been working with Mr. Crenshaw, with
Senator Casey, and I congratulate them on this bill. But I want to say
how deeply I regret that there are extraneous provisions in the bill
concerning worker protections and offsets that keep it from being the
bipartisan bill that it means to be, or else we wouldn't have seen
virtually the whole House on the bill. So I have come to speak for the
underlying bill and to hope that those provisions will somehow be swept
aside and we can have the bill that I think most who signed on thought
they were signing.
We talk on both sides of the aisle, as well we should, about personal
responsibility, but what we have been doing until this time was leaving
the disabled dependent on their own parents or on charities without any
way to liberate themselves from others. I think about the parents of
20-year-old autistic brothers who kept them locked up and had no way to
liberate them or to care for them.
Most woeful is dependence on charities who, themselves, get tax
exemptions to take care of people who need them, and they do an
excellent job. But, if we are going to give a tax break to people who
take care of disabled people, surely there should be a tax benefit for
them to take care of themselves.
And just consider this: most disabled people, truly disabled people,
are unable to find jobs of any kind; but if they do, they will not be
the kinds of jobs normally that leave them able to open savings
accounts, prepare for their own retirement, and the rest. So even if
they were able to be employed, they still, of course, must look to
other sources of income
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. LEVIN. I yield the gentlelady an additional 2 minutes.
Ms. NORTON. That is why this bill, in many ways, is so sensitive. It
doesn't supplant any of the assistance that is necessary, like Medicaid
and their own insurance that they may have or SSI.
My own daughter, Katherine Felicia Norton, was the Global Down
Syndrome ambassador this year. Katherine will probably not need one of
these savings accounts. But I am here this afternoon to speak for all
of those who do--and there are millions in our country--and to thank
particularly the sponsors for what they are trying to do with this
bill.
I thank my good friend for yielding to me.
{time} 1600
Mr. REICHERT. Mr. Speaker, I yield 2 minutes to the gentleman from
North Carolina (Mr. Holding), who is a cosponsor of the bill.
Mr. HOLDING. Mr. Speaker, I thank the gentleman for the time.
Earlier today I had the privilege of meeting with Kenneth Kelty and
his mother, Jacqueline. They are from my district, and this is a family
who would benefit directly from the ABLE Act and who shared their
support of this important bill with me just this afternoon. Kenneth
recently graduated from the University Participant Program at Western
Carolina University, a program that allows students with disabilities
to study side-by-side with other students at the university. In
Kenneth's words, it was ``a chance to do all the same things as
everyone else with nothing holding us back.'' Kenneth joined a
fraternity, had a good time, learned a lot, was able to come back, has
a job.
Mr. Speaker, just as the University Participant Program helps people
with disabilities like Kenneth, so will this bipartisan ABLE Act. This
bill will allow tax-free savings accounts for expenses such as housing,
education, employment training. Similar to a 529 program college
savings account, these accounts will help provide families with some
peace of mind when trying to save for their children's long-term
expenses.
So, Mr. Speaker, I encourage my colleagues to support the ABLE Act.
Mr. LEVIN. Mr. Speaker, I yield 2 minutes to the gentlelady from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thank the manager, Mr. Levin, for his
kindness, as well as the manager for the majority, Mr. Crenshaw, and
Mr. Van Hollen, and the many others who, along with myself, cosponsored
this legislation.
It is very moving to have a moment of family on the floor of the
House as I listen to Members recount their individual stories of those
in their families and those of us who encounter our constituents with
wonderful, beautiful children, many of whom fit squarely in this relief
that is being given.
As I watched two twins grow up who are prized and special in our
community, I could just imagine what their mother and their late father
would say about this opportunity. This legislation, H.R. 647, squarely
answers our concerns.
I want to get to two points that I think are so important. We hear it
all the time: it seems as if these are rich people trying to get money,
but they are not. They may be working families and middle class
families, and to be able to not deny them eligibility for Medicaid when
there are severe health issues that many of these young people and
children face, and also for them to be able to have SSI, which is
sometimes a lifeline, to be able to put aside this savings that will
help them in education and transportation--I hear it so often, training
for employment; any of us who have dealt with Goodwill and seen what
Goodwill does with young people whose parents bring them there--yet
they need other ways of
[[Page 16498]]
being able to respond, and they should not be denied higher education.
This bill allows the savings to be part of the higher education
efforts that these parents want for their children, and sometimes the
ability for independence with primary residence, what it says is that
these young people, as they grow, have developmental possibilities and
opportunities, and that there are no throwaway children, there are no
throwaway young people.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. LEVIN. Mr. Speaker, I yield the gentlewoman an additional 1
minute.
Ms. JACKSON LEE. I thank the gentleman. There are no throwaway young
people, and we should not throw them away.
I agree with my colleagues who have mentioned items that we would
hope would be reframed, if you will, impacting workers' conditions and
rights, provisions that may, in fact, impact Medicare. None of us who
have committed ourselves to the strength of Medicare want to see that
undermined. But I will say that the goodness of this legislation for my
neighbors and my constituents whom I personally know, individuals whom
I personally know--this is a lifeline.
I am very glad to speak on H.R. 647 for the lifeline that it provides
for people who deserve it, and they do not in any way have the need or
the desire to see the opportunities for their children and their young
people be determined only by the limitations of their ability to
provide for them.
This is an account. It is more than a savings account. It is a
lifeline account to help give every American, no matter who they are,
this equal opportunity and particularly those with disabilities.
Mr. REICHERT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we have heard a lot of stories today about people in
need, about people with disabilities and special needs, and we have had
some names attached to those stories, which really touches the hearts
of those people that know those individuals, and I hope touches the
hearts of the Members here in this Chamber when they hear the stories
of people in need who need that special attention.
One key challenge for disabled individuals is that their access to
certain safety net programs can be lost if they work. I want to just
repeat that. It can be lost if they work and achieve even a modest
level of savings. To overcome that challenge, the ABLE Act would help
more individuals with disabilities save and live independently without
losing access to critical programs like Medicaid and SSI.
Now, starting in 2015, States could create an ABLE program under
which individuals with disabilities could start an ABLE account modeled
after current section 529 savings accounts. Anyone--parents,
grandparents, and other family members, and friends--could contribute
to that account, which would grow tax free. Then when they need to
withdraw from that account, those withdrawals would be tax free if
spent on a wide variety of expenses related to helping them address and
overcome their disability. That includes expenses like uncovered health
care, education costs, housing needs, transportation costs, assistive
technology, and others that I have mentioned earlier.
able account details
One key challenge for disabled individuals is that their access to
certain safety-net programs can be lost if they work and achieve even a
modest level of savings.
To overcome that challenge, the ABLE Act would help more individuals
with disabilities save and live independently without losing access to
critical programs like Medicaid and SSI.
Starting in 2015, States could create an ABLE program, under which
individuals with disabilities could start an ABLE account, modeled
after current Section 529 savings accounts.
Anyone--parents, grandparents, and other family and friends--could
contribute to their ABLE account, which would grow tax-free.
Then when they need to withdraw from the account, those withdrawals
would be tax free if spent on a wide variety of expenses related to
helping them address and overcome their disability.
That includes expenses like uncovered health care, education costs,
housing needs, transportation costs, assistive technology, and personal
support services.
Critically, individuals with ABLE accounts could maintain their
eligibility for means-tested benefits while working and saving more for
their future needs.
ABLE account balances and withdrawals are completely excluded for
purposes of Medicaid.
And under the SSI program, the first $100,000 in account balances
would be excluded from being counted as resources, meaning disabled
individuals could save far more than today while remaining eligible for
benefits along the way.
This change will go a long way to easing the minds of disabled
individuals and those around them.
Mr. Speaker, I reserve the balance of my time.
Mr. LEVIN. Let me ask my colleague if he is ready to close?
Mr. REICHERT. I am waiting for one other speaker. If the gentleman
has another speaker, it would be helpful.
Mr. LEVIN. I do not.
Mr. REICHERT. I guess we are ready to close then, Mr. Speaker.
Mr. LEVIN. Okay. I would like to give your colleague a chance, but
shall we proceed? Is that okay?
Mr. REICHERT. Yes, we are prepared to close.
Mr. LEVIN. Okay. I can do so very briefly. I think we face a somewhat
unusual situation here. We have an opportunity to help people who have
some very major challenges, including challenges related to their
health, and so on balance I think there is a need for us to act, and so
therefore I support this bill.
I just want us to remember, in a sense, the unusual opportunity that
we have here to help millions of people who are living with
disabilities that affect their lives, including their basic health
status.
I yield back the balance of our time.
Mr. REICHERT. Mr. Speaker, I yield myself the remaining time.
I thank the gentleman for his comments and words of support and,
again, thank all 379 cosponsors of this bipartisan bill. I thank the
Senate, which has worked with the Members of the House on this bill,
making it a bicameral bill, and I think it is also important, Mr.
Speaker, to point out the outside support that this bill has garnered.
Let me just name a few of those: the American Association of People
With Disabilities, Autism Society of America, Autism Speaks, the Brain
Injury Association of America, Easter Seals, National Association of
Councils on Developmental Disabilities, National Disability Institute,
National Down Syndrome Society, National Federation of the Blind, and
the Arc, and that is just to name a few of the outside organizations
and groups that support this legislation.
Again, this is important legislation designed to help individuals
with disabilities overcome the hurdles that they often face in holding
a job and living independently, and I appreciate again the comments of
the ranking member, Mr. Levin, and urge my colleagues to support this
bill.
I yield back the balance of my time.
Mr. LARSON of Connecticut. Mr. Speaker, I rise today in strong
support of the ABLE Act. I would like to commend the efforts of my
colleagues Representative Ander Crenshaw and Representative Chris Van
Hollen for their leadership and steadfast commitment to moving this
legislation forward. This is truly a great bipartisan effort that will
help families across this country and I've been proud to join the
hundreds of members of Congress who support it as a cosponsor.
For years, I have heard from constituents like Andrew and Tamara
Selinger from West Hartford, who have advocated not only on behalf of
their own family, but for families across Connecticut and the country.
Their two children have Fragile X syndrome and all they are asking for
are the same opportunities for their children that other families have
with the 529 plan, to have a savings mechanism that would enhance their
lives and pay for non-covered medical expenses, while not minimizing
the services that they receive. I have heard from people like Bob and
Rosie Shea and Shannon Knall from our local Autism Speaks chapter and
many others from families and groups advocating on behalf of
individuals with disabilities, who have spoken so passionately about
why this legislation is so important.
[[Page 16499]]
In spite of the partisan rancor that often dominates this building,
this bill shows that we can come together in a meaningful way to act in
a positive manner on behalf of the American people. It is truly
inspiring how many advocates and families have made their voice heard
on this legislation and I urge my colleagues to support this bill and
finally get it across the finish line on behalf of families across this
country.
Mr. PRICE of Georgia. Mr. Speaker, I strongly support the ABLE Act
and its intent to promote greater independence and freedoms to disabled
and handicapped Americans. However, I have great concerns with the
policy that is being used to pay for this legislation because it would
seek to further decrease Medicare reimbursement for physicians--an
action that could threaten seniors' access to health care.
Since the passage of the Medicare Modernization Act of 2003 and the
creation of the sustainable growth rate (SGR) formula, Congress has
passed 17 ``doc-fixes'' to prevent further cuts to physicians providing
care for our seniors. Each year, the entire medical community must pick
up the tab to prevent the disastrous cuts that would be implemented if
the SGR was to take effect. The result? Medicare reimbursement for
physicians has decreased by 17% when adjusted for inflation, while the
cost of care continues to rise.
In the most recent ``doc fix'' passed in March of this year, a
controversial provision required the annual re-evaluation of codes
matching 0.5% of total physician spending from 2017 through 2020. If
this target is not met, the difference would be taken in the form of an
across the board cut. The proposed offset included in the ABLE Act
would shift these targets forward and compress them, requiring CMS to
identify misvalued services equal to at least 1% of total physician
spending in 2016, and 0.5% in 2017 and 2018. Moving the target to 2016
and frontloading it to require the identification of 1% of total
physician spending in the first year would make it extremely difficult
to meet the target.
However, CMS has no intention of implementing this law. In the 2015
Medicare Fee Schedule Final Rule, CMS finalized a proposal to
transition 10- and 90-day global period codes to 0-day global period
codes in 2017, and 2018, respectively, yet CMS has not developed a
methodology for how that transition will be made. This is a major
overhaul of close to half of the currently existing CPT codes and will
dramatically reform how physicians are paid. Because CMS has not yet
developed a methodology for how this transition will occur, the nature
of the impact is currently unknown, leading to further instability in
physician payments. CMS notes in the Rule that due to the work
necessary to make this change, they will not have resources to review
certain other potentially misvalued services for the ``next several
years'', almost certainly resulting in an across the board cut to all
physicians caring for Medicare patients.
This continuous pursuit by our Congress and CMS to re-evaluate codes
within the physician fee schedule will be detrimental to the medical
community and to ensuring access for our Medicare beneficiaries. A 1%
cut may not sound like much, but when taken in conjunction with the
combined maximum penalties for not meeting the PQRS, physician value-
based payment modifier, and EHR programs, the total potential cut faced
by physicians will be -9% in 2016, and -11.5% in 2017. This does not
even take into account the cuts required by the unresolved SGR.
Despite these concerns, I will support the ABLE Act today with the
hope that my colleagues on both sides of the aisle will recommit
themselves in the new Congress to securing the Medicare program for all
Americans.
Mr. PAULSEN. Mr. Speaker, more than 37 million people in the United
States have a disability, including more than 500,000 in Minnesota. For
parents raising a child with a disability, it is both emotionally and
financially draining.
While, individuals with disabilities are living longer and more
productive lives than ever before, they still face barriers to finding
and holding employment, living independently, and taking care of their
daily needs. We can make it easier for these families to bear this
financial burden.
The bipartisan ABLE Act, or Achieving a Better Life Experience, will
give individuals with disabilities new opportunities for them to save
and pay for the costs of their disabilities. Using an ABLE account,
they and their families are able to put aside money tax free and then
use it to cover qualified expenses such as health, education, housing,
and transportation.
For eight years, this legislation has been proposed, talked about,
and pending in Congress. I became an early advocate for the ABLE Act
when I was first elected to the House. It is supported by more than 70
health care and disability organizations. Now's the time to get this
across the finish line and pass the ABLE Act to help families and
individuals most in need.
Ms. DUCKWORTH. Mr. Speaker, as a proud cosponsor of H.R. 647, the
ABLE Act, I urge all of my colleagues to vote in favor of this
legislation today. If enacted, it would allow Americans living with a
disability and their families to establish tax-exempt financial
accounts so they can finance qualified expenses including education,
housing, transportation, employment support, medical care and other
personal necessities. Critically, it would not jeopardize eligibility
for other important federal benefits like Medicaid and Social Security.
As a disabled American myself, I understand the financial strain a
disability can have on individuals and their families. Not only do
disabled Americans often face higher costs and lower incomes, but they
are currently penalized for saving for their future. The ABLE Act will
allow millions of Americans with disabilities to invest in their
futures, live fulfilling lives and become more independent and less
reliant on public benefits. It will empower them to build a better
economic future for themselves and their families.
Disabled Americans deserve every opportunity to achieve their dreams.
I urge the House to pass this important legislation as quickly as
possible.
Mr. SMITH of New Jersey. Mr. Speaker, I rise today to express my
strong support for the Achieving a Better Life Experience Act or ``the
ABLE Act,'' legislation I cosponsored that is designed to improve the
quality of life for individuals with disabilities by assisting in long-
term financial planning.
As the founder and co-chair of the Coalition for Autism Research and
Education, I understand the financial demands of raising a child with
support needs. Education, housing, transportation, employment support,
medical care, and other life expenses can quickly add up for persons
with disabilities.
A study published this year in the Journal of the American Medical
Association (JAMA) Pediatrics found that the lifetime cost for an
individual with ASD averages $1.4 million. These costs jump to $2.4
million when autism involves intellectual disability--an estimated 40
percent of individuals with autism also have intellectual disability.
Unfortunately, under current law, saving more than $2,000 jeopardizes
access to services and supports, such as Social Security and Medicaid.
If enacted, the ABLE Act--which establishes tax-exempt accounts,
similar to the current 529 Education Savings Plans--will no longer
force parents to choose between saving for their child's future and
sacrificing the assistance their child requires.
I commend Speaker Boehner for bringing this bill to the floor today.
It is especially timely for the autism community as we continue to
address the looming crisis of aging out. Every year, 50,000 age-out of
their support system and into a society that disincentivizes employment
and financial security. Enactment of my legislation--the Autism CARES
Act--earlier this year began the conversation of how to better address
the needs of individuals with ASD who are aging out and we have much
work to do.
The ABLE Act is a step in the right direction. While I have concerns
regarding the Medicare physician services offsets, ABLE accounts are a
sensible and fiscally responsible tool that will benefit some of the
most vulnerable members of our society. It is a smart piece of
legislation to assist families in saving and planning for the long-term
needs of individuals with disabilities and a more secure future. I urge
my colleagues to support this bill.
Mr. BECERRA. Mr. Speaker, It's a laudable and worthy goal to
incentivize savings and ensure that families of individuals with
disabilities have access to the resources they need. But Congress has a
responsibility to ensure that limited resources benefit those who need
the help the most. Unfortunately, this bill is yet another example of
an upside-down tax code that provides the greatest benefits to those of
greatest means, not to middle class families living paycheck to
paycheck.
Additionally, as AARP has noted in the attached letter,
``establishing the ABLE program should not be achieved by tapping into
Medicare savings.'' Using Medicare savings to offset non-health related
programs sets a dangerous precedent. While there are elements to this
bill that both sides can agree on, this bill takes one step forward and
two steps back.
American Association
of Retired People,
December 3, 2014.
Dear Representative: As the largest nonprofit, nonpartisan
organization representing the interests of Americans age 50
and older and their families, AARP urges you to reject using
Medicare savings as an
[[Page 16500]]
offset to pay for non-healthcare programs, including the cost
of the Achieving a Better Life Experience (ABLE) Act of 2014.
AARP has consistently advocated against using permanent
reductions in Medicare to pay for other unrelated government
spending. While we agree it is important to help individuals
with disabilities maintain health, independence, and quality
of life, we oppose using Medicare savings to finance tax
expenditures or other non-healthcare programs.
The ABLE Act establishes tax-exempt savings plans for
persons with disabilities, making it much easier for them and
their families to save for future expenses. Although ABLE
accounts are only available for individuals under the age of
26, the savings accrued will help with living expenses as the
person ages. This is especially important because at ages 50-
64, adults with disabilities are less than half as likely to
be employed as those without disabilities.
However, establishing the ABLE program should not be
achieved by tapping into Medicare savings. This is especially
true at a time when Medicare faces its own long term funding
needs, and when Congress will shortly need to find savings to
pay for either permanent Medicare SGR reform or another
temporary ``doc fix'' in 2015. We urge you to remove Medicare
offsets from the ABLE Act.
Sincerely,
Nancy A. LeaMond,
Executive Vice President,
State & National Group.
Mr. CAMP. Mr. Speaker, our nation encourages personal savings in a
number of ways throughout the tax code and now with the ABLE Act we are
adding one more, specifically for individuals with disabilities. As we
acknowledge through this legislation the importance of saving for
individuals with disabilities and their families, it is important to
place this policy in context and ensure the public and policymakers
appreciate the continued need for effective asset tests in means-tested
programs.
The ABLE Act explicitly ignores ABLE account balances and withdrawals
for purposes of determining eligibility for Medicaid and other means-
tested programs; under the SSI program, the first $100,000 in account
balances is not counted as resources and withdrawals, except for those
relating to housing, are not counted as income. This treatment is
designed to provide generous new incentives to save for individuals
with disabilities and their families, which current policy limits.
It would be a mistake for the public and future policymakers to argue
that similar treatment should be afforded all low-income individuals
under existing means-tested programs. Indeed, recent advances in
administering resource limits suggests that such tools should be used
more aggressively in making proper determinations about whether other
individuals have sufficient personal means of support before asking
taxpayers for government benefits. These advances rebut recent claims
that administering resource limits is overly time consuming and
burdensome, and suggest that State and Federal agencies are
increasingly able to apply these limits in a cost-effective and
efficient manner. For example, on March 11, 2011, the Ways and Means
Human Resources Subcommittee heard testimony from the Social Security
Inspector General about the use of electronic tools such as the Access
to Financial Institutions (AFI) program, which allows the Social
Security Administration to automate the process of checking for assets,
limiting the burden on recipients and field office employees who
administer the program.
Another argument for ensuring the use of effective resource limits
for non-disabled individuals involves program cost. Especially if able-
bodied individuals have significant assets or other resources on which
to depend, they can and should be expected to use those resources first
to support themselves before turning to taxpayer support. The
alternative would be a significant expansion of taxpayer spending on
able-bodied individuals who have significant personal resources they
can and should turn to first for support. Recent years have seen
examples of that through significant degradations in the effectiveness
of the resource test in the food stamp program.
As of November 2010, thirty-three states and D.C. excluded the value
of all vehicles in making food stamp eligibility determinations and in
the last five years nearly every state has chosen to not have an asset
test for food stamp benefits at all. Not surprisingly, due to these
changes and other factors, the food stamp program has grown from 17
million recipients in the year 2000 to nearly 48 million recipients
today, at four times its former cost to taxpayers. In July 25, 2012
testimony before the Ways and Means Human Resources Subcommittee,
Professor Doug Besharov of the University of Maryland described this
phenomenon as ``eligibility creep,'' or ``The process through which
programs are successively expanded through a series of small steps,
many of whose impacts are imperceptible at the time.''
Future policymakers need to protect against such eligibility creep
and continue to ensure that limited taxpayer dollars are properly
targeted to individuals needing assistance. Just as the ABLE Act allows
parents to ensure sufficient resources are available to support their
disabled children after they no longer can do so, we need to be good
stewards of taxpayer-funded programs to ensure they are sustainable in
the future. Continuing to effectively and efficiently administer income
and resources limits, especially with regard to able-bodied
individuals, is critical to achieving that goal.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 766, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. REICHERT. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________
TAX INCREASE PREVENTION ACT OF 2014
Mr. CAMP. Mr. Speaker, pursuant to House Resolution 766, I call up
the bill (H.R. 5771) to amend the Internal Revenue Code of 1986 to
extend certain expiring provisions and make technical corrections, and
for other purposes, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 766, the
amendment printed in part A of House Report 113-643 is adopted, and the
bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 5771
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Tax
Increase Prevention Act of 2014''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title, etc.
TITLE I--CERTAIN EXPIRING PROVISIONS
Subtitle A--Individual Tax Extenders
Sec. 101. Extension of deduction for certain expenses of elementary and
secondary school teachers.
Sec. 102. Extension of exclusion from gross income of discharge of
qualified principal residence indebtedness.
Sec. 103. Extension of parity for employer-provided mass transit and
parking benefits.
Sec. 104. Extension of mortgage insurance premiums treated as qualified
residence interest.
Sec. 105. Extension of deduction of State and local general sales
taxes.
Sec. 106. Extension of special rule for contributions of capital gain
real property made for conservation purposes.
Sec. 107. Extension of above-the-line deduction for qualified tuition
and related expenses.
Sec. 108. Extension of tax-free distributions from individual
retirement plans for charitable purposes.
Subtitle B--Business Tax Extenders
Sec. 111. Extension of research credit.
Sec. 112. Extension of temporary minimum low-income housing tax credit
rate for non-federally subsidized buildings.
Sec. 113. Extension of military housing allowance exclusion for
determining whether a tenant in certain counties is low-
income.
Sec. 114. Extension of Indian employment tax credit.
Sec. 115. Extension of new markets tax credit.
Sec. 116. Extension of railroad track maintenance credit.
[[Page 16501]]
Sec. 117. Extension of mine rescue team training credit.
Sec. 118. Extension of employer wage credit for employees who are
active duty members of the uniformed services.
Sec. 119. Extension of work opportunity tax credit.
Sec. 120. Extension of qualified zone academy bonds.
Sec. 121. Extension of classification of certain race horses as 3-year
property.
Sec. 122. Extension of 15-year straight-line cost recovery for
qualified leasehold improvements, qualified restaurant
buildings and improvements, and qualified retail
improvements.
Sec. 123. Extension of 7-year recovery period for motorsports
entertainment complexes.
Sec. 124. Extension of accelerated depreciation for business property
on an Indian reservation.
Sec. 125. Extension of bonus depreciation.
Sec. 126. Extension of enhanced charitable deduction for contributions
of food inventory.
Sec. 127. Extension of increased expensing limitations and treatment of
certain real property as section 179 property.
Sec. 128. Extension of election to expense mine safety equipment.
Sec. 129. Extension of special expensing rules for certain film and
television productions.
Sec. 130. Extension of deduction allowable with respect to income
attributable to domestic production activities in Puerto
Rico.
Sec. 131. Extension of modification of tax treatment of certain
payments to controlling exempt organizations.
Sec. 132. Extension of treatment of certain dividends of regulated
investment companies.
Sec. 133. Extension of RIC qualified investment entity treatment under
FIRPTA.
Sec. 134. Extension of subpart F exception for active financing income.
Sec. 135. Extension of look-thru treatment of payments between related
controlled foreign corporations under foreign personal
holding company rules.
Sec. 136. Extension of temporary exclusion of 100 percent of gain on
certain small business stock.
Sec. 137. Extension of basis adjustment to stock of S corporations
making charitable contributions of property.
Sec. 138. Extension of reduction in S-corporation recognition period
for built-in gains tax.
Sec. 139. Extension of empowerment zone tax incentives.
Sec. 140. Extension of temporary increase in limit on cover over of rum
excise taxes to Puerto Rico and the Virgin Islands.
Sec. 141. Extension of American Samoa economic development credit.
Subtitle C--Energy Tax Extenders
Sec. 151. Extension of credit for nonbusiness energy property.
Sec. 152. Extension of second generation biofuel producer credit.
Sec. 153. Extension of incentives for biodiesel and renewable diesel.
Sec. 154. Extension of production credit for Indian coal facilities
placed in service before 2009.
Sec. 155. Extension of credits with respect to facilities producing
energy from certain renewable resources.
Sec. 156. Extension of credit for energy-efficient new homes.
Sec. 157. Extension of special allowance for second generation biofuel
plant property.
Sec. 158. Extension of energy efficient commercial buildings deduction.
Sec. 159. Extension of special rule for sales or dispositions to
implement FERC or State electric restructuring policy for
qualified electric utilities.
Sec. 160. Extension of excise tax credits relating to certain fuels.
Sec. 161. Extension of credit for alternative fuel vehicle refueling
property.
Subtitle D--Extenders Relating to Multiemployer Defined Benefit Pension
Plans
Sec. 171. Extension of automatic extension of amortization periods.
Sec. 172. Extension of shortfall funding method and endangered and
critical rules.
TITLE II--TECHNICAL CORRECTIONS
Sec. 201. Short title.
Sec. 202. Amendments relating to American Taxpayer Relief Act of 2012.
Sec. 203. Amendment relating to Middle Class Tax Relief and Job
Creation Act of 2012.
Sec. 204. Amendment relating to FAA Modernization and Reform Act of
2012.
Sec. 205. Amendments relating to Regulated Investment Company
Modernization Act of 2010.
Sec. 206. Amendments relating to Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010.
Sec. 207. Amendments relating to Creating Small Business Jobs Act of
2010.
Sec. 208. Clerical amendment relating to Hiring Incentives to Restore
Employment Act.
Sec. 209. Amendments relating to American Recovery and Reinvestment Tax
Act of 2009.
Sec. 210. Amendments relating to Energy Improvement and Extension Act
of 2008.
Sec. 211. Amendments relating to Tax Extenders and Alternative Minimum
Tax Relief Act of 2008.
Sec. 212. Clerical amendments relating to Housing Assistance Tax Act of
2008.
Sec. 213. Amendments and provision relating to Heroes Earnings
Assistance and Relief Tax Act of 2008.
Sec. 214. Amendments relating to Economic Stimulus Act of 2008.
Sec. 215. Amendments relating to Tax Technical Corrections Act of 2007.
Sec. 216. Amendment relating to Tax Relief and Health Care Act of 2006.
Sec. 217. Amendment relating to Safe, Accountable, Flexible, Efficient
Transportation Equity Act of 2005: A Legacy for Users.
Sec. 218. Amendments relating to Energy Tax Incentives Act of 2005.
Sec. 219. Amendments relating to American Jobs Creation Act of 2004.
Sec. 220. Other clerical corrections.
Sec. 221. Deadwood provisions.
TITLE III--JOINT COMMITTEE ON TAXATION
Sec. 301. Increased refund and credit threshold for Joint Committee on
Taxation review of C corporation return.
TITLE IV--BUDGETARY EFFECTS
Sec. 401. Budgetary effects.
TITLE I--CERTAIN EXPIRING PROVISIONS
Subtitle A--Individual Tax Extenders
SEC. 101. EXTENSION OF DEDUCTION FOR CERTAIN EXPENSES OF
ELEMENTARY AND SECONDARY SCHOOL TEACHERS.
(a) In General.--Subparagraph (D) of section 62(a)(2) is
amended by striking ``or 2013'' and inserting ``2013, or
2014''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2013.
SEC. 102. EXTENSION OF EXCLUSION FROM GROSS INCOME OF
DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE
INDEBTEDNESS.
(a) In General.--Subparagraph (E) of section 108(a)(1) is
amended by striking ``January 1, 2014'' and inserting
``January 1, 2015''.
(b) Effective Date.--The amendment made by this section
shall apply to indebtedness discharged after December 31,
2013.
SEC. 103. EXTENSION OF PARITY FOR EMPLOYER-PROVIDED MASS
TRANSIT AND PARKING BENEFITS.
(a) In General.--Paragraph (2) of section 132(f) is amended
by striking ``January 1, 2014'' and inserting ``January 1,
2015''.
(b) Effective Date.--The amendment made by this section
shall apply to months after December 31, 2013.
SEC. 104. EXTENSION OF MORTGAGE INSURANCE PREMIUMS TREATED AS
QUALIFIED RESIDENCE INTEREST.
(a) In General.--Subclause (I) of section 163(h)(3)(E)(iv)
is amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid or accrued after December 31,
2013.
SEC. 105. EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL
SALES TAXES.
(a) In General.--Subparagraph (I) of section 164(b)(5) is
amended by striking ``January 1, 2014'' and inserting
``January 1, 2015''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2013.
SEC. 106. EXTENSION OF SPECIAL RULE FOR CONTRIBUTIONS OF
CAPITAL GAIN REAL PROPERTY MADE FOR
CONSERVATION PURPOSES.
(a) In General.--Clause (vi) of section 170(b)(1)(E) is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(b) Contributions by Certain Corporate Farmers and
Ranchers.--Clause (iii) of section 170(b)(2)(B) is amended by
striking ``December 31, 2013'' and inserting ``December 31,
2014''.
(c) Effective Date.--The amendments made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2013.
SEC. 107. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED
TUITION AND RELATED EXPENSES.
(a) In General.--Subsection (e) of section 222 is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2013.
[[Page 16502]]
SEC. 108. EXTENSION OF TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL
RETIREMENT PLANS FOR CHARITABLE PURPOSES.
(a) In General.--Subparagraph (F) of section 408(d)(8) is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to distributions made in taxable years beginning
after December 31, 2013.
Subtitle B--Business Tax Extenders
SEC. 111. EXTENSION OF RESEARCH CREDIT.
(a) In General.--Paragraph (1) of section 41(h) is amended
by striking ``paid or incurred'' and all that follows and
inserting ``paid or incurred after December 31, 2014.''.
(b) Conforming Amendment.--Subparagraph (D) of section
45C(b)(1) is amended to read as follows:
``(D) Special rule.--If section 41 is not in effect for any
period, such section shall be deemed to remain in effect for
such period for purposes of this paragraph.''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after December 31,
2013.
SEC. 112. EXTENSION OF TEMPORARY MINIMUM LOW-INCOME HOUSING
TAX CREDIT RATE FOR NON-FEDERALLY SUBSIDIZED
BUILDINGS.
(a) In General.--Subparagraph (A) of section 42(b)(2) is
amended by striking ``January 1, 2014'' and inserting
``January 1, 2015''.
(b) Effective Date.--The amendment made by this section
shall take effect on January 1, 2014.
SEC. 113. EXTENSION OF MILITARY HOUSING ALLOWANCE EXCLUSION
FOR DETERMINING WHETHER A TENANT IN CERTAIN
COUNTIES IS LOW-INCOME.
(a) In General.--Subsection (b) of section 3005 of the
Housing Assistance Tax Act of 2008 is amended by striking
``January 1, 2014'' each place it appears and inserting
``January 1, 2015''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the enactment of section
3005 of the Housing Assistance Tax Act of 2008.
SEC. 114. EXTENSION OF INDIAN EMPLOYMENT TAX CREDIT.
(a) In General.--Subsection (f) of section 45A is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2013.
SEC. 115. EXTENSION OF NEW MARKETS TAX CREDIT.
(a) In General.--Subparagraph (G) of section 45D(f)(1) is
amended by striking ``and 2013'' and inserting ``2013, and
2014''.
(b) Carryover of Unused Limitation.--Paragraph (3) of
section 45D(f) is amended by striking ``2018'' and inserting
``2019''.
(c) Effective Date.--The amendments made by this section
shall apply to calendar years beginning after December 31,
2013.
SEC. 116. EXTENSION OF RAILROAD TRACK MAINTENANCE CREDIT.
(a) In General.--Subsection (f) of section 45G is amended
by striking ``January 1, 2014'' and inserting ``January 1,
2015''.
(b) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2013.
SEC. 117. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.
(a) In General.--Subsection (e) of section 45N is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2013.
SEC. 118. EXTENSION OF EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO
ARE ACTIVE DUTY MEMBERS OF THE UNIFORMED
SERVICES.
(a) In General.--Subsection (f) of section 45P is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to payments made after December 31, 2013.
SEC. 119. EXTENSION OF WORK OPPORTUNITY TAX CREDIT.
(a) In General.--Paragraph (4) of section 51(c) is amended
by striking ``for the employer'' and all that follows and
inserting ``for the employer after December 31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to individuals who begin work for the employer
after December 31, 2013.
SEC. 120. EXTENSION OF QUALIFIED ZONE ACADEMY BONDS.
(a) Extension.--Paragraph (1) of section 54E(c) is amended
by striking ``and 2013'' and inserting ``2013, and 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to obligations issued after December 31, 2013.
SEC. 121. EXTENSION OF CLASSIFICATION OF CERTAIN RACE HORSES
AS 3-YEAR PROPERTY.
(a) In General.--Clause (i) of section 168(e)(3)(A) is
amended--
(1) by striking ``January 1, 2014'' in subclause (I) and
inserting ``January 1, 2015'', and
(2) by striking ``December 31, 2013'' in subclause (II) and
inserting ``December 31, 2014''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2013.
SEC. 122. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY
FOR QUALIFIED LEASEHOLD IMPROVEMENTS, QUALIFIED
RESTAURANT BUILDINGS AND IMPROVEMENTS, AND
QUALIFIED RETAIL IMPROVEMENTS.
(a) In General.--Clauses (iv), (v), and (ix) of section
168(e)(3)(E) are each amended by striking ``January 1, 2014''
and inserting ``January 1, 2015''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2013.
SEC. 123. EXTENSION OF 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS
ENTERTAINMENT COMPLEXES.
(a) In General.--Subparagraph (D) of section 168(i)(15) is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2013.
SEC. 124. EXTENSION OF ACCELERATED DEPRECIATION FOR BUSINESS
PROPERTY ON AN INDIAN RESERVATION.
(a) In General.--Paragraph (8) of section 168(j) is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2013.
SEC. 125. EXTENSION OF BONUS DEPRECIATION.
(a) In General.--Paragraph (2) of section 168(k) is
amended--
(1) by striking ``January 1, 2015'' in subparagraph (A)(iv)
and inserting ``January 1, 2016'', and
(2) by striking ``January 1, 2014'' each place it appears
and inserting ``January 1, 2015''.
(b) Special Rule for Federal Long-Term Contracts.--Clause
(ii) of section 460(c)(6)(B) is amended by striking ``January
1, 2014 (January 1, 2015'' and inserting ``January 1, 2015
(January 1, 2016''.
(c) Extension of Election to Accelerate the AMT Credit in
Lieu of Bonus Depreciation.--
(1) In general.--Subclause (II) of section
168(k)(4)(D)(iii) is amended by striking ``January 1, 2014''
and inserting ``January 1, 2015''.
(2) Round 4 extension property.--Paragraph (4) of section
168(k) is amended by adding at the end the following new
subparagraph:
``(K) Special rules for round 4 extension property.--
``(i) In general.--In the case of round 4 extension
property, in applying this paragraph to any taxpayer--
``(I) the limitation described in subparagraph (B)(i) and
the business credit increase amount under subparagraph
(E)(iii) thereof shall not apply, and
``(II) the bonus depreciation amount, maximum amount, and
maximum increase amount shall be computed separately from
amounts computed with respect to eligible qualified property
which is not round 4 extension property.
``(ii) Election.--
``(I) A taxpayer who has an election in effect under this
paragraph for round 3 extension property shall be treated as
having an election in effect for round 4 extension property
unless the taxpayer elects to not have this paragraph apply
to round 4 extension property.
``(II) A taxpayer who does not have an election in effect
under this paragraph for round 3 extension property may elect
to have this paragraph apply to round 4 extension property.
``(iii) Round 4 extension property.--For purposes of this
subparagraph, the term `round 4 extension property' means
property which is eligible qualified property solely by
reason of the extension of the application of the special
allowance under paragraph (1) pursuant to the amendments made
by section 125(a) of the Tax Increase Prevention Act of 2014
(and the application of such extension to this paragraph
pursuant to the amendment made by section 125(c) of such
Act).''.
(d) Conforming Amendments.--
(1) The heading for subsection (k) of section 168 is
amended by striking ``January 1, 2014'' and inserting
``January 1, 2015''.
(2) The heading for clause (ii) of section 168(k)(2)(B) is
amended by striking ``pre-january 1, 2014'' and inserting
``pre-january 1, 2015''.
(3) Subparagraph (C) of section 168(n)(2) is amended by
striking ``January 1, 2014'' and inserting ``January 1,
2015''.
(4) Subparagraph (D) of section 1400L(b)(2) is amended by
striking ``January 1, 2014'' and inserting ``January 1,
2015''.
(5) Subparagraph (B) of section 1400N(d)(3) is amended by
striking ``January 1, 2014'' and inserting ``January 1,
2015''.
(e) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2013, in taxable years ending after such date.
SEC. 126. EXTENSION OF ENHANCED CHARITABLE DEDUCTION FOR
CONTRIBUTIONS OF FOOD INVENTORY.
(a) In General.--Clause (iv) of section 170(e)(3)(C) is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
[[Page 16503]]
(b) Effective Date.--The amendment made by this section
shall apply to contributions made after December 31, 2013.
SEC. 127. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND
TREATMENT OF CERTAIN REAL PROPERTY AS SECTION
179 PROPERTY.
(a) In General.--
(1) Dollar limitation.--Section 179(b)(1) is amended--
(A) by striking ``beginning in 2010, 2011, 2012, or 2013''
in subparagraph (B) and inserting ``beginning after 2009 and
before 2015'', and
(B) by striking ``2013'' in subparagraph (C) and inserting
``2014''.
(2) Reduction in limitation.--Section 179(b)(2) is
amended--
(A) by striking ``beginning in 2010, 2011, 2012, or 2013''
in subparagraph (B) and inserting ``beginning after 2009 and
before 2015'', and
(B) by striking ``2013'' in subparagraph (C) and inserting
``2014''.
(b) Computer Software.--Section 179(d)(1)(A)(ii) is amended
by striking ``2014'' and inserting ``2015''.
(c) Election.--Section 179(c)(2) is amended by striking
``2014'' and inserting ``2015''.
(d) Special Rules for Treatment of Qualified Real
Property.--
(1) In general.--Section 179(f)(1) is amended by striking
``beginning in 2010, 2011, 2012, or 2013'' and inserting
``beginning after 2009 and before 2015''.
(2) Carryover limitation.--
(A) In general.--Section 179(f)(4) is amended by striking
``2013'' each place it appears and inserting ``2014''.
(B) Conforming amendment.--The heading of subparagraph (C)
of section 179(f)(4) is amended by striking ``2011 and 2012''
and inserting ``2011, 2012, and 2013''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2013.
SEC. 128. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY
EQUIPMENT.
(a) In General.--Subsection (g) of section 179E is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2013.
SEC. 129. EXTENSION OF SPECIAL EXPENSING RULES FOR CERTAIN
FILM AND TELEVISION PRODUCTIONS.
(a) In General.--Subsection (f) of section 181 is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(b) Effective Dates.--The amendment made by this section
shall apply to productions commencing after December 31,
2013.
SEC. 130. EXTENSION OF DEDUCTION ALLOWABLE WITH RESPECT TO
INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION
ACTIVITIES IN PUERTO RICO.
(a) In General.--Subparagraph (C) of section 199(d)(8) is
amended--
(1) by striking ``first 8 taxable years'' and inserting
``first 9 taxable years'', and
(2) by striking ``January 1, 2014'' and inserting ``January
1, 2015''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2013.
SEC. 131. EXTENSION OF MODIFICATION OF TAX TREATMENT OF
CERTAIN PAYMENTS TO CONTROLLING EXEMPT
ORGANIZATIONS.
(a) In General.--Clause (iv) of section 512(b)(13)(E) is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to payments received or accrued after December
31, 2013.
SEC. 132. EXTENSION OF TREATMENT OF CERTAIN DIVIDENDS OF
REGULATED INVESTMENT COMPANIES.
(a) In General.--Paragraphs (1)(C)(v) and (2)(C)(v) of
section 871(k) are each amended by striking ``December 31,
2013'' and inserting ``December 31, 2014''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2013.
SEC. 133. EXTENSION OF RIC QUALIFIED INVESTMENT ENTITY
TREATMENT UNDER FIRPTA.
(a) In General.--Clause (ii) of section 897(h)(4)(A) is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
take effect on January 1, 2014. Notwithstanding the preceding
sentence, such amendment shall not apply with respect to the
withholding requirement under section 1445 of the Internal
Revenue Code of 1986 for any payment made before the date of
the enactment of this Act.
(2) Amounts withheld on or before date of enactment.--In
the case of a regulated investment company--
(A) which makes a distribution after December 31, 2013, and
before the date of the enactment of this Act, and
(B) which would (but for the second sentence of paragraph
(1)) have been required to withhold with respect to such
distribution under section 1445 of such Code,
such investment company shall not be liable to any person to
whom such distribution was made for any amount so withheld
and paid over to the Secretary of the Treasury.
SEC. 134. EXTENSION OF SUBPART F EXCEPTION FOR ACTIVE
FINANCING INCOME.
(a) Exempt Insurance Income.--Paragraph (10) of section
953(e) is amended--
(1) by striking ``January 1, 2014'' and inserting ``January
1, 2015'', and
(2) by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(b) Special Rule for Income Derived in the Active Conduct
of Banking, Financing, or Similar Businesses.--Paragraph (9)
of section 954(h) is amended by striking ``January 1, 2014''
and inserting ``January 1, 2015''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 2013, and to taxable years of
United States shareholders with or within which any such
taxable year of such foreign corporation ends.
SEC. 135. EXTENSION OF LOOK-THRU TREATMENT OF PAYMENTS
BETWEEN RELATED CONTROLLED FOREIGN CORPORATIONS
UNDER FOREIGN PERSONAL HOLDING COMPANY RULES.
(a) In General.--Subparagraph (C) of section 954(c)(6) is
amended by striking ``January 1, 2014'' and inserting
``January 1, 2015''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 2013, and to taxable years of
United States shareholders with or within which such taxable
years of foreign corporations end.
SEC. 136. EXTENSION OF TEMPORARY EXCLUSION OF 100 PERCENT OF
GAIN ON CERTAIN SMALL BUSINESS STOCK.
(a) In General.--Paragraph (4) of section 1202(a) is
amended--
(1) by striking ``January 1, 2014'' and inserting ``January
1, 2015'', and
(2) by striking ``and 2013'' in the heading and inserting
``2013, and 2014''.
(b) Effective Date.--The amendments made by this section
shall apply to stock acquired after December 31, 2013.
SEC. 137. EXTENSION OF BASIS ADJUSTMENT TO STOCK OF S
CORPORATIONS MAKING CHARITABLE CONTRIBUTIONS OF
PROPERTY.
(a) In General.--Paragraph (2) of section 1367(a) is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2013.
SEC. 138. EXTENSION OF REDUCTION IN S-CORPORATION RECOGNITION
PERIOD FOR BUILT-IN GAINS TAX.
(a) In General.--Subparagraph (C) of section 1374(d)(7) is
amended--
(1) by striking ``2012 or 2013'' and inserting ``2012,
2013, or 2014'', and
(2) by striking ``2012 and 2013'' in the heading and
inserting ``2012, 2013, and 2014''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2013.
SEC. 139. EXTENSION OF EMPOWERMENT ZONE TAX INCENTIVES.
(a) In General.--Clause (i) of section 1391(d)(1)(A) is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(b) Treatment of Certain Termination Dates Specified in
Nominations.--In the case of a designation of an empowerment
zone the nomination for which included a termination date
which is contemporaneous with the date specified in
subparagraph (A)(i) of section 1391(d)(1) of the Internal
Revenue Code of 1986 (as in effect before the enactment of
this Act), subparagraph (B) of such section shall not apply
with respect to such designation if, after the date of the
enactment of this section, the entity which made such
nomination amends the nomination to provide for a new
termination date in such manner as the Secretary of the
Treasury (or the Secretary's designee) may provide.
(c) Effective Dates.--The amendment made by this section
shall apply to periods after December 31, 2013.
SEC. 140. EXTENSION OF TEMPORARY INCREASE IN LIMIT ON COVER
OVER OF RUM EXCISE TAXES TO PUERTO RICO AND THE
VIRGIN ISLANDS.
(a) In General.--Paragraph (1) of section 7652(f) is
amended by striking ``January 1, 2014'' and inserting
``January 1, 2015''.
(b) Effective Date.--The amendment made by this section
shall apply to distilled spirits brought into the United
States after December 31, 2013.
SEC. 141. EXTENSION OF AMERICAN SAMOA ECONOMIC DEVELOPMENT
CREDIT.
(a) In General.--Subsection (d) of section 119 of division
A of the Tax Relief and Health Care Act of 2006 is amended--
(1) by striking ``January 1, 2014'' each place it appears
and inserting ``January 1, 2015'',
(2) by striking ``first 8 taxable years'' in paragraph (1)
and inserting ``first 9 taxable years'', and
(3) by striking ``first 2 taxable years'' in paragraph (2)
and inserting ``first 3 taxable years''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2013.
[[Page 16504]]
Subtitle C--Energy Tax Extenders
SEC. 151. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY
PROPERTY.
(a) In General.--Paragraph (2) of section 25C(g) is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2013.
SEC. 152. EXTENSION OF SECOND GENERATION BIOFUEL PRODUCER
CREDIT.
(a) In General.--Clause (i) of section 40(b)(6)(J) is
amended by striking ``January 1, 2014'' and inserting
``January 1, 2015''.
(b) Effective Date.--The amendment made by this section
shall apply to qualified second generation biofuel production
after December 31, 2013.
SEC. 153. EXTENSION OF INCENTIVES FOR BIODIESEL AND RENEWABLE
DIESEL.
(a) Credits for Biodiesel and Renewable Diesel Used as
Fuel.--Subsection (g) of section 40A is amended by striking
``December 31, 2013'' and inserting ``December 31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to fuel sold or used after December 31, 2013.
SEC. 154. EXTENSION OF PRODUCTION CREDIT FOR INDIAN COAL
FACILITIES PLACED IN SERVICE BEFORE 2009.
(a) In General.--Subparagraph (A) of section 45(e)(10) is
amended by striking ``8-year period'' each place it appears
and inserting ``9-year period''.
(b) Effective Date.--The amendment made by this section
shall apply to coal produced after December 31, 2013.
SEC. 155. EXTENSION OF CREDITS WITH RESPECT TO FACILITIES
PRODUCING ENERGY FROM CERTAIN RENEWABLE
RESOURCES.
(a) In General.--The following provisions of section 45(d)
are each amended by striking ``January 1, 2014'' each place
it appears and inserting ``January 1, 2015'':
(1) Paragraph (1).
(2) Paragraph (2)(A).
(3) Paragraph (3)(A).
(4) Paragraph (4)(B).
(5) Paragraph (6).
(6) Paragraph (7).
(7) Paragraph (9).
(8) Paragraph (11)(B).
(b) Extension of Election to Treat Qualified Facilities as
Energy Property.--Clause (ii) of section 48(a)(5)(C) is
amended by striking ``January 1, 2014'' and inserting
``January 1, 2015''.
(c) Effective Dates.--The amendments made by this section
shall take effect on January 1, 2014.
SEC. 156. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW HOMES.
(a) In General.--Subsection (g) of section 45L is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to homes acquired after December 31, 2013.
SEC. 157. EXTENSION OF SPECIAL ALLOWANCE FOR SECOND
GENERATION BIOFUEL PLANT PROPERTY.
(a) In General.--Subparagraph (D) of section 168(l)(2) is
amended by striking ``January 1, 2014'' and inserting
``January 1, 2015''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2013.
SEC. 158. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS
DEDUCTION.
(a) In General.--Subsection (h) of section 179D is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2013.
SEC. 159. EXTENSION OF SPECIAL RULE FOR SALES OR DISPOSITIONS
TO IMPLEMENT FERC OR STATE ELECTRIC
RESTRUCTURING POLICY FOR QUALIFIED ELECTRIC
UTILITIES.
(a) In General.--Paragraph (3) of section 451(i) is amended
by striking ``January 1, 2014'' and inserting ``January 1,
2015''.
(b) Effective Date.--The amendment made by this section
shall apply to dispositions after December 31, 2013.
SEC. 160. EXTENSION OF EXCISE TAX CREDITS RELATING TO CERTAIN
FUELS.
(a) Excise Tax Credits and Outlay Payments for Biodiesel
and Renewable Diesel Fuel Mixtures.--
(1) Paragraph (6) of section 6426(c) is amended by striking
``December 31, 2013'' and inserting ``December 31, 2014''.
(2) Subparagraph (B) of section 6427(e)(6) is amended by
striking ``December 31, 2013'' and inserting ``December 31,
2014''.
(b) Extension of Alternative Fuels Excise Tax Credits.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3) are
each amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(2) Outlay payments for alternative fuels.--Subparagraph
(C) of section 6427(e)(6) is amended by striking ``December
31, 2013'' and inserting ``December 31, 2014''.
(c) Extension of Alternative Fuels Excise Tax Credits
Relating to Liquefied Hydrogen.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3), as
amended by subsection (b), are each amended by striking
``(September 30, 2014 in the case of any sale or use
involving liquefied hydrogen)''.
(2) Outlay payments for alternative fuels.--Paragraph (6)
of section 6427(e) is amended--
(A) by striking ``except as provided in subparagraph (D),
any'' in subparagraph (C), as amended by this Act, and
inserting ``any'',
(B) by striking the comma at the end of subparagraph (C)
and inserting ``, and'', and
(C) by striking subparagraph (D) and redesignating
subparagraph (E) as subparagraph (D).
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to fuel sold or
used after December 31, 2013.
(2) Liquefied hydrogen.--The amendments made by subsection
(c) shall apply to fuel sold or used after September 30,
2014.
(e) Special Rule for Certain Periods During 2014.--
Notwithstanding any other provision of law, in the case of--
(1) any biodiesel mixture credit properly determined under
section 6426(c) of the Internal Revenue Code of 1986 for
periods after December 31, 2013, and before the date of the
enactment of this Act, and
(2) any alternative fuel credit properly determined under
section 6426(d) of such Code for such periods,
such credit shall be allowed, and any refund or payment
attributable to such credit (including any payment under
section 6427(e) of such Code) shall be made, only in such
manner as the Secretary of the Treasury (or the Secretary's
delegate) shall provide. Such Secretary shall issue guidance
within 30 days after the date of the enactment of this Act
providing for a one-time submission of claims covering
periods described in the preceding sentence. Such guidance
shall provide for a 180-day period for the submission of such
claims (in such manner as prescribed by such Secretary) to
begin not later than 30 days after such guidance is issued.
Such claims shall be paid by such Secretary not later than 60
days after receipt. If such Secretary has not paid pursuant
to a claim filed under this subsection within 60 days after
the date of the filing of such claim, the claim shall be paid
with interest from such date determined by using the
overpayment rate and method under section 6621 of such Code.
SEC. 161. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY.
(a) In General.--Subsection (g) of section 30C is amended
by striking ``placed in service'' and all that follows and
inserting ``placed in service after December 31, 2014.''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2013.
Subtitle D--Extenders Relating to Multiemployer Defined Benefit Pension
Plans
SEC. 171. EXTENSION OF AUTOMATIC EXTENSION OF AMORTIZATION
PERIODS.
(a) In General.--Subparagraph (C) of section 431(d)(1) is
amended by striking ``December 31, 2014'' and inserting
``December 31, 2015''.
(b) Amendment to Employee Retirement Income Security Act of
1974.--Subparagraph (C) of section 304(d)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1084(d)(1)(C)) is amended by striking ``December 31, 2014''
and inserting ``December 31, 2015''.
(c) Effective Date.--The amendments made by this section
shall apply to applications submitted under section
431(d)(1)(A) of the Internal Revenue Code of 1986 and section
304(d)(1)(C) of the Employee Retirement Income Security Act
of 1974 after December 31, 2014.
SEC. 172. EXTENSION OF SHORTFALL FUNDING METHOD AND
ENDANGERED AND CRITICAL RULES.
(a) In General.--Paragraphs (1) and (2) of section 221(c)
of the Pension Protection Act of 2006 are each amended by
striking ``December 31, 2014'' and inserting ``December 31,
2015''.
(b) Conforming Amendment.--Paragraph (2) of section 221(c)
of the Pension Protection Act of 2006 is amended by striking
``January 1, 2015'' and inserting ``January 1, 2016''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2014.
TITLE II--TECHNICAL CORRECTIONS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Tax Technical Corrections
Act of 2014''.
SEC. 202. AMENDMENTS RELATING TO AMERICAN TAXPAYER RELIEF ACT
OF 2012.
(a) Amendment Relating to Section 101(b).--Subclause (I) of
section 642(b)(2)(C)(i) is amended by striking ``section
151(d)(3)(C)(iii)'' and inserting ``section 68(b)(1)(C)''.
(b) Amendment Relating to Section 102.--Clause (ii) of
section 911(f)(2)(B) is amended by striking ``described in
section 1(h)(1)(B) shall be treated as a reference to such
excess as determined'' and inserting ``described in section
1(h)(1)(B), and the reference in section 55(b)(3)(C)(ii) to
the excess described in section 1(h)(1)(C)(ii), shall each be
treated as a reference to each such excess as determined''.
(c) Amendments Relating to Section 104.--
[[Page 16505]]
(1) Clause (ii) of section 55(d)(4)(B) is amended by
inserting ``subparagraphs (A), (B), and (D) of'' before
``paragraph (1)''.
(2) Subparagraph (C) of section 55(d)(4) is amended by
striking ``increase'' and inserting ``increased amount''.
(d) Amendments Relating to Section 310.--Clause (iii) of
section 6431(f)(3)(A) is amended--
(1) by striking ``2011'' and inserting ``years after
2010'', and
(2) by striking ``of such allocation'' and inserting ``of
any such allocation''.
(e) Amendment Relating to Section 331.--Clause (iii) of
section 168(k)(4)(J) is amended by striking ``any taxable
year'' and inserting ``its first taxable year''.
(f) Effective Date.--The amendments made by this section
shall take effect as if included in the provision of the
American Taxpayer Relief Act of 2012 to which they relate.
SEC. 203. AMENDMENT RELATING TO MIDDLE CLASS TAX RELIEF AND
JOB CREATION ACT OF 2012.
(a) Amendment Relating to Section 7001.--Paragraph (1) of
section 7001 of the Middle Class Tax Relief and Job Creation
Act of 2012 is amended by striking ``201(b)'' and inserting
``202(b)''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in section 7001 of the
Middle Class Tax Relief and Job Creation Act of 2012.
SEC. 204. AMENDMENT RELATING TO FAA MODERNIZATION AND REFORM
ACT OF 2012.
(a) Amendment Relating to Section 1107.--Section 4281 is
amended to read as follows:
``SEC. 4281. SMALL AIRCRAFT ON NONESTABLISHED LINES.
``(a) In General.--The taxes imposed by sections 4261 and
4271 shall not apply to transportation by an aircraft having
a maximum certificated takeoff weight of 6,000 pounds or
less, except when such aircraft is operated on an established
line or when such aircraft is a jet aircraft.
``(b) Maximum Certificated Takeoff Weight.--For purposes of
this section, the term `maximum certificated takeoff weight'
means the maximum such weight contained in the type
certificate or airworthiness certificate.
``(c) Sightseeing.--For purposes of this section, an
aircraft shall not be considered as operated on an
established line at any time during which such aircraft is
being operated on a flight the sole purpose of which is
sightseeing.
``(d) Jet Aircraft.--For purposes of this section, the term
`jet aircraft' shall not include any aircraft which is a
rotorcraft or propeller aircraft.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in section 1107 of the FAA
Modernization and Reform Act of 2012.
SEC. 205. AMENDMENTS RELATING TO REGULATED INVESTMENT COMPANY
MODERNIZATION ACT OF 2010.
(a) Amendments Relating to Section 101.--
(1) Subsection (c) of section 101 of the Regulated
Investment Company Modernization Act of 2010 is amended--
(A) by striking ``paragraph (2)'' in paragraph (1) and
inserting ``paragraphs (2) and (3)'', and
(B) by adding at the end the following new paragraph:
``(3) Excise tax.--
``(A) In general.--Except as provided in subparagraph (B),
for purposes of section 4982 of the Internal Revenue Code of
1986, paragraphs (1) and (2) shall apply by substituting `the
1-year periods taken into account under subsection (b)(1)(B)
of such section with respect to calendar years beginning
after December 31, 2010' for `taxable years beginning after
the date of the enactment of this Act'.
``(B) Election.--A regulated investment company may elect
to apply subparagraph (A) by substituting `2011' for `2010'.
Such election shall be made at such time and in such form and
manner as the Secretary of the Treasury (or the Secretary's
delegate) shall prescribe.''.
(2) The first sentence of paragraph (2) of section 852(c)
is amended--
(A) by striking ``and without regard to'' and inserting ``,
without regard to'', and
(B) by inserting ``, and without regard to any capital loss
arising on the first day of the taxable year by reason of
clauses (ii) and (iii) of section 1212(a)(3)(A)'' before the
period at the end.
(b) Amendment Relating to Section 304.--Paragraph (1) of
section 855(a) is amended by inserting ``on or'' before
``before''.
(c) Amendments Relating to Section 308.--
(1) Paragraph (8) of section 852(b) is amended by
redesignating subparagraph (E) as subparagraph (G) and by
striking subparagraphs (C) and (D) and inserting the
following new subparagraphs:
``(C) Post-october capital loss.--For purposes of this
paragraph, the term `post-October capital loss' means--
``(i) any net capital loss attributable to the portion of
the taxable year after October 31, or
``(ii) if there is no such loss--
``(I) any net long-term capital loss attributable to such
portion of the taxable year, or
``(II) any net short-term capital loss attributable to such
portion of the taxable year.
``(D) Late-year ordinary loss.--For purposes of this
paragraph, the term `late-year ordinary loss' means the sum
of any post-October specified loss and any post-December
ordinary loss.
``(E) Post-october specified loss.--For purposes of this
paragraph, the term `post-October specified loss' means the
excess (if any) of--
``(i) the specified losses (as defined in section
4982(e)(5)(B)(ii)) attributable to the portion of the taxable
year after October 31, over
``(ii) the specified gains (as defined in section
4982(e)(5)(B)(i)) attributable to such portion of the taxable
year.
``(F) Post-december ordinary loss.--For purposes of this
paragraph, the term `post-December ordinary loss' means the
excess (if any) of--
``(i) the ordinary losses not described in subparagraph
(E)(i) and attributable to the portion of the taxable year
after December 31, over
``(ii) the ordinary income not described in subparagraph
(E)(ii) and attributable to such portion of the taxable
year.''.
(2) Subparagraph (G) of section 852(b)(8), as so
redesignated, is amended by striking ``, (D)(i)(I), and
(D)(ii)(I)'' and inserting ``and (E)''.
(3) The first sentence of paragraph (2) of section 852(c),
as amended by subsection (a), is amended--
(A) by striking ``, and without regard to'' and inserting
``, without regard to'', and
(B) by inserting ``, and with such other adjustments as the
Secretary may prescribe'' before the period at the end.
(d) Amendments Relating to Section 402.--
(1) Subparagraph (B) of section 4982(e)(6) is amended by
inserting before the period at the end the following: ``or
which determines income by reference to the value of an item
on the last day of the taxable year''.
(2) Subparagraph (A) of section 4982(e)(7) is amended by
striking ``such company'' and all that follows through ``any
net ordinary loss'' and inserting ``such company may elect to
determine its ordinary income and net ordinary loss (as
defined in paragraph (2)(C)(ii)) for the calendar year
without regard to any portion of any net ordinary loss''.
(e) Clerical Amendment Relating to Section 201.--
Subparagraph (A) of section 851(d)(2) is amended by inserting
``of this paragraph'' after ``subparagraph (B)(i)''.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect as if
included in the provision of the Regulated Investment Company
Modernization Act of 2010 to which they relate.
(2) Savings provision.--In the case of an election by a
regulated investment company under section 852(b)(8) of the
Internal Revenue Code of 1986 with respect to any taxable
year beginning before the date of the enactment of this Act,
such company may treat the amendments made by paragraphs (1)
and (2) of subsection (c) as not applying with respect to any
such election.
SEC. 206. AMENDMENTS RELATING TO TAX RELIEF, UNEMPLOYMENT
INSURANCE REAUTHORIZATION, AND JOB CREATION ACT
OF 2010.
(a) Amendment Relating to Section 103.--Clause (ii) of
section 32(b)(3)(B) is amended by striking ``in 2010'' and
inserting ``after 2009''.
(b) Clerical Amendments Relating to Section 302.--
(1) Paragraph (1) of section 2801(a) is amended by striking
``(or, if greater, the highest rate of tax specified in the
table applicable under section 2502(a) as in effect on the
date)''.
(2) Subsection (f) of section 302 of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act
of 2010 is amended by striking ``subsection'' and inserting
``section''.
(c) Amendments Relating to Section 753.--Subparagraph (A)
of section 1397B(b)(1) is amended by striking ``and'' at the
end of clause (ii), by striking the period at the end of
clause (iii) and inserting ``, and'', and by adding at the
end the following new clause:
``(iv) the day after the date set forth in section
1391(d)(1)(A)(i) were substituted for `January 1, 2010' each
place it appears.''.
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the Tax
Relief, Unemployment Insurance Reauthorization, and Job
Creation Act of 2010 to which they relate.
SEC. 207. AMENDMENTS RELATING TO CREATING SMALL BUSINESS JOBS
ACT OF 2010.
(a) Amendments Relating to Section 2102.--
(1) Subsection (h) of section 2102 of the Creating Small
Business Jobs Act of 2010 is amended by inserting ``, and
payee statements required to be furnished,'' after
``information returns required to be filed''.
(2) Paragraphs (1) and (2) of subsection (b), and
subsection (c)(1)(C), of section 6722 are each amended by
striking ``the required filing date'' and inserting ``the
date prescribed for furnishing such statement''.
(3) Subparagraph (B) of section 6722(c)(2) is amended by
striking ``filed'' and inserting ``furnished''.
[[Page 16506]]
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the provision of the
Creating Small Business Jobs Act of 2010 to which they
relate.
SEC. 208. CLERICAL AMENDMENT RELATING TO HIRING INCENTIVES TO
RESTORE EMPLOYMENT ACT.
(a) Amendment Relating to Section 512.--Paragraph (1) of
section 512(a) of the Hiring Incentives to Restore Employment
Act is amended by striking ``after paragraph (6)'' and
inserting ``after paragraph (5)''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the provision of the
Hiring Incentives to Restore Employment Act to which it
relates.
SEC. 209. AMENDMENTS RELATING TO AMERICAN RECOVERY AND
REINVESTMENT TAX ACT OF 2009.
(a) Amendment Relating to Section 1003.--Paragraph (4) of
section 24(d) is amended to read as follows:
``(4) Special rule for certain years.--In the case of any
taxable year beginning after 2008 and before 2018, paragraph
(1)(B)(i) shall be applied by substituting `$3,000' for
`$10,000'.''.
(b) Amendment Relating to Section 1004.--Paragraph (3) of
section 25A(i) is amended by striking ``Subsection (f)(1)(A)
shall be applied'' and inserting ``For purposes of
determining the Hope Scholarship Credit, subsection (f)(1)(A)
shall be applied''.
(c) Amendments Relating to Section 1008.--
(1) Paragraph (6) of section 164(b) is amended by striking
subparagraph (E) and by redesignating subparagraphs (F) and
(G) as subparagraphs (E) and (F), respectively.
(2) Subparagraphs (E) and (F) of section 164(b)(6), as so
redesignated, are each amended by striking ``This paragraph''
and inserting ``Subsection (a)(6)''.
(d) Amendment Relating to Section 1104.--Subparagraph (A)
of section 48(d)(3) is amended by inserting ``or alternative
minimum taxable income'' after ``includible in the gross
income''.
(e) Amendments Relating to Section 1141.--
(1) Subsection (f) of section 30D is amended--
(A) by inserting ``(determined without regard to subsection
(c))'' before the period at the end of paragraph (1), and
(B) by inserting ``(determined without regard to subsection
(c))'' before the period at the end of paragraph (2).
(2) Paragraph (3) of section 30D(f) is amended by adding at
the end the following: ``For purposes of subsection (c),
property to which this paragraph applies shall be treated as
of a character subject to an allowance for depreciation.''.
(f) Amendments Relating to Section 1142.--
(1) Subsection (b) of section 38 is amended by striking
``plus'' at the end of paragraph (35), by redesignating
paragraph (36) as paragraph (37), and by inserting after
paragraph (35) the following new paragraph:
``(36) the portion of the qualified plug-in electric
vehicle credit to which section 30(c)(1) applies, plus''.
(2)(A) Subsection (e) of section 30 is amended--
(i) by inserting ``(determined without regard to subsection
(c))'' before the period at the end of paragraph (1), and
(ii) by inserting ``(determined without regard to
subsection (c))'' before the period at the end of paragraph
(2).
(B) Paragraph (3) of section 30(e) is amended by adding at
the end the following: ``For purposes of subsection (c),
property to which this paragraph applies shall be treated as
of a character subject to an allowance for depreciation.''.
(g) Amendment Relating to Section 1302.--Paragraph (3) of
section 48C(b) is amended by inserting ``as the qualified
investment'' after ``The amount which is treated''.
(h) Amendments Related to Section 1541.--
(1) Paragraph (2) of section 853A(a) is amended by
inserting ``(determined after the application of this
section)'' before the comma at the end.
(2) Subsection (a) of section 853A is amended--
(A) by striking ``with respect to credits'' and inserting
``with respect to some or all of the credits'', and
(B) by inserting ``(determined without regard to this
section and sections 54(c), 54A(c)(1), 54AA(c)(1), and
1397E(c))'' after ``credits allowable''.
(3) Subsection (b) of section 853A is amended to read as
follows:
``(b) Effect of Election.--If the election provided in
subsection (a) is in effect with respect to any credits for
any taxable year--
``(1) the regulated investment company--
``(A) shall not be allowed such credits,
``(B) shall include in gross income (as interest) for such
taxable year the amount which would have been so included
with respect to such credits had the application of this
section not been elected,
``(C) shall include in earnings and profits the amount so
included in gross income, and
``(D) shall be treated as making one or more distributions
of money with respect to its stock equal to the amount of
such credits on the date or dates (on or after the applicable
date for any such credit) during such taxable year (or
following the close of the taxable year pursuant to section
855) selected by the company, and
``(2) each shareholder of such investment company shall--
``(A) be treated as receiving such shareholder's
proportionate share of any distribution of money which is
treated as made by such investment company under paragraph
(1)(D), and
``(B) be allowed credits against the tax imposed by this
chapter equal to the amount of such distribution, subject to
the provisions of this title applicable to the credit
involved.''.
(4) Subsection (c) of section 853A is amended to read as
follows:
``(c) Notice to Shareholders.--The amount treated as a
distribution of money received by a shareholder under
subsection (b)(2)(A) (and as credits allowed to such
shareholder under subsection (b)(2)(B)) shall not exceed the
amount so reported by the regulated investment company in a
written statement furnished to such shareholder.''.
(5) Clause (ii) of section 853A(e)(1)(A) is amended by
inserting ``other than a qualified bond described in section
54AA(g)'' after ``as defined in section 54AA(d))''.
(i) Amendments Relating to Section 2202.--
(1) Subparagraph (A) of section 2202(b)(1) of division B of
the American Recovery and Reinvestment Act of 2009 is amended
by inserting ``political subdivision of a State,'' after
``any State,''.
(2) Section 2202 of division B of the American Recovery and
Reinvestment Act of 2009 is amended by adding at the end the
following new subsection:
``(e) Treatment of Possessions.--
``(1) Payments to mirror code possessions.--The Secretary
of the Treasury shall pay to each possession of the United
States with a mirror code tax system amounts equal to the
loss to that possession by reason of credits allowed under
subsection (a) with respect to taxable years beginning in
2009. Such amounts shall be determined by the Secretary of
the Treasury based on information provided by the government
of the respective possession.
``(2) Coordination with credit allowed against united
states income taxes.--No credit shall be allowed against
United States income taxes for any taxable year under this
section to any person to whom a credit is allowed against
taxes imposed by the possession by reason of the credit
allowed under subsection (a) for such taxable year.
``(3) Definitions and special rules.--
``(A) Possession of the united states.--For purposes of
this subsection, the term `possession of the United States'
includes the Commonwealth of the Northern Mariana Islands.
``(B) Mirror code tax system.--For purposes of this
subsection, the term `mirror code tax system' means, with
respect to any possession of the United States, the income
tax system of such possession if the income tax liability of
the residents of such possession under such system is
determined by reference to the income tax laws of the United
States as if such possession were the United States.
``(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the payments
under this subsection shall be treated in the same manner as
a refund due from the credit allowed under section 36A of the
Internal Revenue Code of 1986 (as added by this Act).''.
(j) Clerical Amendments.--
(1) Amendment relating to section 1131.--Paragraph (2) of
section 45Q(d) is amended by striking ``Administrator of the
Environmental Protection Agency'' and all that follows
through ``shall establish'' and inserting ``Administrator of
the Environmental Protection Agency, the Secretary of Energy,
and the Secretary of the Interior, shall establish''.
(2) Amendment relating to section 1141.--Paragraph (37) of
section 1016(a) is amended by striking ``section 30D(e)(4)''
and inserting ``section 30D(f)(1)''.
(3) Amendment relating to section 3001.--Subparagraph (A)
of section 3001(a)(14) of the American Recovery and
Reinvestment Act of 2009 is amended by striking ``is amended
by redesignating paragraph (9) as paragraph (10)'' and
inserting ``, as amended by this Act, is amended by
redesignating paragraphs (9) and (10) as paragraphs (10) and
(11), respectively,''.
(k) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the
American Recovery and Reinvestment Tax Act of 2009 to which
they relate.
SEC. 210. AMENDMENTS RELATING TO ENERGY IMPROVEMENT AND
EXTENSION ACT OF 2008.
(a) Amendment Relating to Section 108.--Subparagraph (E) of
section 45K(g)(2) is amended to read as follows:
``(E) Coordination with section 45.--No credit shall be
allowed with respect to any coke or coke gas which is
produced using steel industry fuel (as defined in section
45(c)(7)) as feedstock if a credit is allowed to any taxpayer
under section 45 with respect to the production of such steel
industry fuel.''.
[[Page 16507]]
(b) Amendment Relating to Section 113.--Paragraph (1) of
section 113(b) of the Energy Improvement and Extension Act of
2008 is amended by adding at the end the following new
subparagraph:
``(F) Trust fund.--The term `Trust Fund' means the Black
Lung Disability Trust Fund established under section 9501 of
the Internal Revenue Code of 1986.''.
(c) Amendments Relating to Section 306.--
(1) Clause (ii) of section 168(i)(18)(A) is amended by
striking ``10 years'' and inserting ``16 years''.
(2) Clause (ii) of section 168(i)(19)(A) is amended by
striking ``10 years'' and inserting ``16 years''.
(d) Amendment Relating to Section 308.--Clause (i) of
section 168(m)(2)(B) is amended by striking ``section
168(k)'' and inserting ``subsection (k) (determined without
regard to paragraph (4) thereof)''.
(e) Amendment Relating to Section 402.--Subparagraph (A) of
section 907(f)(4) is amended by striking ``this subsection
shall be applied'' and all that follows through the period at
the end and inserting the following: ``this subsection, as in
effect on the day before the date of the enactment of the
Energy Improvement and Extension Act of 2008, shall apply to
unused oil and gas extraction taxes carried from such unused
credit year to a taxable year beginning after December 31,
2008.''.
(f) Amendments Relating to Section 403.--
(1) Subsection (c) of section 1012 is amended--
(A) by striking ``funds'' in the heading for paragraph (2)
and inserting ``regulated investment companies'',
(B) by striking ``fund'' in the heading for paragraph
(2)(B), and
(C) by striking ``fund'' each place it appears in paragraph
(2) and inserting ``regulated investment company''.
(2) Paragraph (1) of section 1012(d) is amended--
(A) by striking ``December 31, 2010'' and inserting
``December 31, 2011'', and
(B) by striking ``an open-end fund'' and inserting ``a
regulated investment company''.
(3) Paragraph (3) of section 1012(d) is amended to read as
follows:
``(3) Separate accounts; election for treatment as single
account.--
``(A) In general.--Rules similar to the rules of subsection
(c)(2) shall apply for purposes of this subsection.
``(B) Average basis method.--Notwithstanding paragraph (1),
in the case of an election under rules similar to the rules
of subsection (c)(2)(B) with respect to stock held in
connection with a dividend reinvestment plan, the average
basis method is permissible with respect to all such stock
without regard to the date of the acquisition of such
stock.''.
(4) Subsection (g) of section 6045 is amended by adding at
the end the following new paragraph:
``(6) Special rule for certain stock held in connection
with dividend reinvestment plan.--For purposes of this
subsection, stock acquired before January 1, 2012, in
connection with a dividend reinvestment plan shall be treated
as stock described in clause (ii) of paragraph (3)(C) (unless
the broker with respect to such stock elects not to have this
paragraph apply with respect to such stock).''.
(g) Clerical Amendments.--
(1) Amendment relating to section 108.--Paragraph (2) of
section 45(b) is amended by striking ``$3 amount'' and
inserting ``$2 amount''.
(2) Amendment relating to section 306.--
(A) Paragraph (5) of section 168(b) is amended by striking
``(2)(C)'' and inserting ``(2)(D)''.
(B) The last sentence of section 168(k)(4)(C)(i) is amended
by striking ``(b)(2)(C)'' and inserting ``(b)(2)(D)''.
(h) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the
Energy Improvement and Extension Act of 2008 to which they
relate.
SEC. 211. AMENDMENTS RELATING TO TAX EXTENDERS AND
ALTERNATIVE MINIMUM TAX RELIEF ACT OF 2008.
(a) Amendment Relating to Section 208.--Subsection (b) of
section 208 of the Tax Extenders and Alternative Minimum Tax
Relief Act of 2008 is amended to read as follows:
``(b) Effective Date.--
``(1) In general.--The amendment made by subsection (a)
shall take effect on January 1, 2008. Notwithstanding the
preceding sentence, such amendment shall not apply with
respect to the withholding requirement under section 1445 of
the Internal Revenue Code of 1986 for any payment made before
October 4, 2008.
``(2) Amounts withheld on or before date of enactment.--In
the case of a regulated investment company--
``(A) which makes a distribution after December 31, 2007,
and before October 4, 2008, and
``(B) which would (but for the second sentence of paragraph
(1)) have been required to withhold with respect to such
distribution under section 1445 of such Code,
such investment company shall not be liable to any person to
whom such distribution was made for any amount so withheld
and paid over to the Secretary of the Treasury.''.
(b) Amendments Relating to Section 305.--Paragraphs (7)(B)
and (8)(D) of section 168(e) are each amended by inserting
``which is not qualified leasehold improvement property''
after ``Property described in this paragraph''.
(c) Clerical Amendments.--
(1) Amendments relating to section 706.--
(A) Paragraph (2) of section 1033(h) is amended by
inserting ``is'' before ``compulsorily''.
(B) Subclause (II) of section 172(b)(1)(F)(ii) is amended
by striking ``subsection (h)(3)(C)(i)'' and inserting
``section 165(h)(3)(C)(i)''.
(C) The heading for paragraph (1) of section 165(h) is
amended by striking ``$100'' and inserting ``Dollar''.
(2) Amendment relating to section 709.--Subsection (k) of
section 143 is amended by redesignating the second paragraph
(12) (relating to special rules for residences destroyed in
Federally declared disasters) as paragraph (13).
(3) Amendment relating to section 712.--Section 712 of the
Tax Extenders and Alternative Minimum Tax Relief Act of 2008
is amended by striking ``section 702(c)(1)(A)'' and inserting
``section 702(b)(1)(A)''.
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the Tax
Extenders and Alternative Minimum Tax Relief Act of 2008 to
which they relate.
SEC. 212. CLERICAL AMENDMENTS RELATING TO HOUSING ASSISTANCE
TAX ACT OF 2008.
(a) Amendment Relating to Section 3002.--Paragraph (1) of
section 42(b) is amended by striking ``For purposes of this
section, the term'' and inserting the following: ``For
purposes of this section--
``(A) In general.--The term''.
(b) Amendment Relating to Section 3081.--Clause (iv) of
section 168(k)(4)(E) is amended by striking ``adjusted
minimum tax'' and inserting ``adjusted net minimum tax''.
(c) Amendment Relating to Section 3092.--Subsection (b) of
section 121 is amended by redesignating the second paragraph
(4) (relating to exclusion of gain allocated to nonqualified
use) as paragraph (5).
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the
Housing Assistance Tax Act of 2008 to which they relate.
SEC. 213. AMENDMENTS AND PROVISION RELATING TO HEROES
EARNINGS ASSISTANCE AND RELIEF TAX ACT OF 2008.
(a) Amendment Relating to Section 106.--Paragraph (2) of
section 106(c) of the Heroes Earnings Assistance and Relief
Tax Act of 2008 is amended by striking ``substituting for''
and inserting ``substituting `June 17, 2008' for''.
(b) Amendment Relating to Section 114.--Paragraph (1) of
section 125(h) is amended by inserting ``(and shall not fail
to be treated as an accident or health plan)'' before
``merely''.
(c) Clerical Amendments.--
(1) Amendment relating to section 110.--Subparagraph (B) of
section 121(d)(12) is amended by inserting ``of paragraph
(9)'' after ``and (D)''.
(2) Amendment relating to section 301.--Paragraph (2) of
section 877(e) is amended by striking ``subparagraph (A) or
(B) of''.
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the
Heroes Earnings Assistance and Relief Tax Act of 2008 to
which they relate.
SEC. 214. AMENDMENTS RELATING TO ECONOMIC STIMULUS ACT OF
2008.
(a) Amendments Relating to Section 101.--Paragraph (2) of
section 6213(g) is amended--
(1) by striking ``32, or 6428'' in subparagraph (L) and
inserting ``or 32'', and
(2) by striking ``and'' at the end of subparagraph (O), by
striking the period at the end of subparagraph (P) and
inserting ``, and'', and by inserting after subparagraph (P)
the following new subparagraph:
``(Q) an omission of a correct valid identification number
required under section 6428(h) (relating to 2008 recovery
rebates for individuals) to be included on a return.''.
(b) Clerical Amendment Relating to Section 103.--Subclause
(IV) of section 168(k)(2)(B)(i) is amended by striking
``clauses also apply'' and inserting ``clause also applies''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the
Economic Stimulus Act of 2008 to which they relate.
SEC. 215. AMENDMENTS RELATING TO TAX TECHNICAL CORRECTIONS
ACT OF 2007.
(a) Amendment Relating to Section 4(c).--Paragraph (1) of
section 911(f) is amended by adding at the end the following
flush sentence:
``For purposes of this paragraph, the amount excluded under
subsection (a) shall be reduced by the aggregate amount of
any deductions or exclusions disallowed under subsection
(d)(6) with respect to such excluded amount.''.
(b) Clerical Amendment Relating to Section 11(g).--Clause
(iv) of section 56(g)(4)(C) is amended by striking ``a
cooperative described in section 927(a)(4)'' and inserting
[[Page 16508]]
``an organization to which part I of subchapter T (relating
to tax treatment of cooperatives) applies which is engaged in
the marketing of agricultural or horticultural products''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the Tax
Technical Corrections Act of 2007 to which they relate.
SEC. 216. AMENDMENT RELATING TO TAX RELIEF AND HEALTH CARE
ACT OF 2006.
(a) Amendment Relating to Section 105.--Subparagraph (B) of
section 45A(b)(1) is amended by adding at the end the
following: ``If any portion of wages are taken into account
under subsection (e)(1)(A) of section 51, the preceding
sentence shall be applied by substituting `2-year period' for
`1-year period'.''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the provision of the Tax
Relief and Health Care Act of 2006 to which it relates.
SEC. 217. AMENDMENT RELATING TO SAFE, ACCOUNTABLE, FLEXIBLE,
EFFICIENT TRANSPORTATION EQUITY ACT OF 2005: A
LEGACY FOR USERS.
(a) Amendment Relating to Section 11161.--Paragraph (1) of
section 9503(b) is amended by inserting before the period at
the end the following: ``and taxes received under section
4081 shall be determined without regard to tax receipts
attributable to the rate specified in section
4081(a)(2)(C)''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the provision of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act of 2005: A Legacy for Users to which it relates.
SEC. 218. AMENDMENTS RELATING TO ENERGY TAX INCENTIVES ACT OF
2005.
(a) Amendment Relating to Section 1341.--Subparagraph (B)
of section 30B(h)(5) is amended by inserting ``(determined
without regard to subsection (g))'' before the period at the
end.
(b) Amendment Relating to Section 1342.--Paragraph (1) of
section 30C(e) is amended to read as follows:
``(1) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a credit is allowable
under subsection (a) shall be reduced by the amount of such
credit so allowed (determined without regard to subsection
(d)).''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the provision of the
Energy Tax Incentives Act of 2005 to which it relates.
SEC. 219. AMENDMENTS RELATING TO AMERICAN JOBS CREATION ACT
OF 2004.
(a) Amendment Relating to Section 101.--Subsection (d) of
section 101 of the American Jobs Creation Act of 2004 is
amended by adding at the end the following new paragraph:
``(3) Coordination with section 199.--This subsection shall
be applied without regard to any deduction allowable under
section 199.''.
(b) Amendments Relating to Section 102.--Paragraph (3) of
section 199(b) is amended--
(1) by inserting ``of a short taxable year or'' after ``in
cases'', and
(2) by striking ``and dispositions'' and inserting ``,
dispositions, and short taxable years''.
(c) Clerical Amendment Relating to Section 413.--Paragraph
(7) of section 904(h) is amended by striking ``as ordinary
income under section 1246 or''.
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the provision of the
American Jobs Creation Act of 2004 to which they relate.
SEC. 220. OTHER CLERICAL CORRECTIONS.
(a) Paragraph (8) of section 30B(h) is amended by striking
``vehicle)., except that'' and inserting ``vehicle), except
that''.
(b) Subparagraph (A) of section 38(c)(2) is amended by
striking ``credit credit'' and inserting ``credit''.
(c) Section 46 is amended by adding a comma at the end of
paragraph (4).
(d) Subparagraph (E) of section 50(a)(2) is amended by
inserting ``, 48A(b)(3), 48B(b)(3), 48C(b)(2), or 48D(b)(4)''
after ``in section 48(b)''.
(e) Clause (i) of section 54A(d)(2)(A) is amended by
striking ``100 percent or more'' and inserting ``100
percent''.
(f) Paragraph (2) of section 125(b) is amended by striking
``statutory nontaxable benefits'' each place it appears and
inserting ``qualified benefits''.
(g) Paragraph (2) of section 125(h) is amended by striking
``means, any'' and inserting ``means any''.
(h) Subparagraph (F) of section 163(h)(4) is amended by
striking ``Veterans Administration or the Rural Housing
Administration'' and inserting ``Department of Veterans
Affairs or the Rural Housing Service''.
(i) Subsection (a) of section 249 is amended by striking
``1563(a)(1)'' and inserting ``1563(a)(1))''.
(j) Paragraphs (8) and (10) of section 280F(d) are each
amended by striking ``subsection (a)(2)'' and inserting
``subsection (a)(1)''.
(k) Clause (iii) of section 402A(c)(4)(E) is amended by
striking ``403(b)(7)(A)(i)'' and inserting
``403(b)(7)(A)(ii)''.
(l) Section 527 is amended--
(1) by striking ``(2 U.S.C. 432(e))'' in subsection
(h)(2)(A)(i) and inserting ``(52 U.S.C. 30102(e))'', and
(2) by striking ``(2 U.S.C. 431 et seq.)'' in subsections
(i)(6) and (j)(5)(A) and inserting ``(52 U.S.C. 30101 et
seq.)''.
(m) Subsection (b) of section 858 is amended by striking
``857(b)(8)'' and inserting ``857(b)(9)''.
(n) Subparagraph (A) of section 1012(c)(2) is amended by
striking ``section 1012'' and inserting ``this section''.
(o) The heading for section 1394(f) is amended by striking
``Designated Under Section 1391(g)''.
(p) Paragraphs (1) and (2)(A) of section 1394(f) are each
amended by striking ``a new empowerment zone facility bond''
and inserting ``an empowerment zone facility bond''.
(q) Clause (i) of section 1400N(c)(3)(A) is amended by
striking ``section 42(d)(5)(C)(iii)'' and inserting ``section
42(d)(5)(B)(iii)''.
(r) Subsections (e)(3)(B) and (f)(7)(B) of section 4943 are
each amended by striking ``January 1, 1970'' and inserting
``January 1, 1971''.
(s) Paragraph (2) of section 4982(f) is amended by adding a
comma at the end.
(t) Paragraph (3) of section 6011(e) is amended by striking
``shall require than'' and inserting ``shall require that''.
(u) Subsection (b) of section 6072 is amended by striking
``6011(e)(2)'' and inserting ``6011(c)(2)''.
(v) Subsection (d) of section 6104 is amended by
redesignating the second paragraph (6) (relating to
disclosure of reports by the Internal Revenue Service) and
third paragraph (6) (relating to application to nonexempt
charitable trusts and nonexempt private foundations) as
paragraphs (7) and (8), respectively.
(w) Subsection (c) of section 6662A is amended by striking
``section 6664(d)(2)(A)'' and inserting ``section
6664(d)(3)(A)''.
(x) Subparagraph (FF) of section 6724(d)(2) is amended by
striking ``section 6050W(c)'' and inserting ``section
6050W(f)''.
(y) Section 7122 is amended by redesignating the second
subsection (f) (relating to frivolous submissions, etc.) as
subsection (g).
(z) Subsection (a) of section 9035 is amended by striking
``section 320(b)(1)(A)'' and inserting ``section
315(b)(1)(A)''.
(aa) Section 9802 is amended by redesignating the second
subsection (f) (relating to genetic information of a fetus or
embryo) as subsection (g).
(bb) Paragraph (3) of section 13(e) of the Worker,
Homeownership, and Business Assistance Act of 2009 is amended
by striking ``subsection (d)'' and inserting ``subsection
(c)''.
SEC. 221. DEADWOOD PROVISIONS.
(a) In General.--
(1) Adjustments in tax tables so that inflation will not
result in tax increases.--Paragraph (7) of section 1(f) is
amended to read as follows:
``(7) Special rule for certain brackets.--In prescribing
tables under paragraph (1) which apply to taxable years
beginning in a calendar year after 1994, the cost-of-living
adjustment used in making adjustments to the dollar amounts
at which the 36 percent rate bracket begins or at which the
39.6 percent rate bracket begins shall be determined under
paragraph (3) by substituting `1993' for `1992'.''.
(2) Certain plug-in electric vehicles.--
(A) Subpart B of part IV of subchapter A of chapter 1 is
amended by striking section 30 (and by striking the item
relating to such section in the table of sections for such
subpart).
(B) Subsection (b) of section 38, as amended by section
209(f)(1) of this Act, is amended by inserting ``plus'' at
the end of paragraph (35), by striking paragraph (36), and by
redesignating paragraph (37) as paragraph (36).
(C) Subclause (VI) of section 48C(c)(1)(A)(i) is amended by
striking ``, qualified plug-in electric vehicles (as defined
by section 30(d)),''.
(D) Section 1016(a) is amended by striking paragraph (25).
(E) Section 6501(m) is amended by striking ``section
30(e)(6),''.
(3) Earned income credit.--
(A) Paragraph (1) of section 32(b) is amended--
(i) by striking subparagraphs (B) and (C), and
(ii) by striking ``(A) In General.--In the case of taxable
years beginning after 1995:'' in subparagraph (A) and moving
the table 2 ems to the left.
(B) Subparagraph (B) of section 32(b)(2) is amended by
striking ``increased by'' and all that follows and inserting
``increased by $3,000.''.
(4) First-time homebuyer credit.--Section 6213(g)(2), as
amended by section 214(a)(2) of this Act, is amended by
striking subparagraph (P).
(5) Making work pay credit.--
(A) Subpart C of part IV of subchapter A of chapter 1 is
amended by striking section 36A (and by striking the item
relating to such section in the table of sections for such
subpart).
(B) Subparagraph (A) of section 6211(b)(4) is amended by
striking ``, 36A''.
(C) Section 6213(g)(2) is amended by striking subparagraph
(N).
(6) General business credits.--Subsection (d) of section 38
is amended by striking paragraph (3).
[[Page 16509]]
(7) Low-income housing credit.--Subclause (I) of section
42(h)(3)(C)(ii) is amended by striking ``($1.50 for 2001)''.
(8) Minimum tax credit.--
(A)(i) Section 53 is amended by striking subsections (e)
and (f).
(ii) The amendment made by clause (i) striking subsection
(f) of section 53 of the Internal Revenue Code of 1986 shall
not be construed to allow any tax abated by reason of section
53(f)(1) of such Code (as in effect before such amendment) to
be included in the amount determined under section 53(b)(1)
of such Code.
(B) Paragraph (4) of section 6211(b)(4) is amended by
striking ``, 53(e)''.
(9) Adjustments based on adjusted current earnings.--Clause
(ii) of section 56(g)(4)(F) is amended by striking ``In the
case of any taxable year beginning after December 31, 1992,
clause'' and inserting ``Clause''.
(10) Items of tax preference; depletion.--Paragraph (1) of
section 57(a) is amended by striking ``Effective with respect
to taxable years beginning after December 31, 1992, this''
and inserting ``This''.
(11) Intangible drilling costs.--
(A) Clause (i) of section 57(a)(2)(E) is amended by
striking ``In the case of any taxable year beginning after
December 31, 1992, this'' and inserting ``This''.
(B) Clause (ii) of section 57(a)(2)(E) is amended by
striking ``(30 percent in case of taxable years beginning in
1993)''.
(12) Environmental tax.--
(A) Subchapter A of chapter 1 is amended by striking part
VII (and by striking the item relating to such part in the
table of parts for such subchapter).
(B) Paragraph (2) of section 26(b) is amended by striking
subparagraph (B).
(C) Section 30A(c) is amended by striking paragraph (1) and
by redesignating paragraphs (2), (3), and (4) as paragraphs
(1), (2), and (3), respectively.
(D) Subsection (a) of section 164 is amended by striking
paragraph (5).
(E) Section 275(a) is amended by striking the last
sentence.
(F) Section 882(a)(1) is amended by striking ``, 59A''.
(G) Section 936(a)(3) is amended by striking subparagraph
(A) and by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (A), (B), and (C), respectively.
(H) Section 1561(a) is amended--
(i) by inserting ``and'' at the end of paragraph (2), by
striking ``, and'' at the end of paragraph (3) and inserting
a period, and by striking paragraph (4), and
(ii) by striking ``, the amount specified in paragraph (3),
and the amount specified in paragraph (4)'' and inserting
``and the amount specified in paragraph (3)''.
(I) Section 4611(e) is amended--
(i) by striking ``section 59A, this section,'' in paragraph
(2)(B) and inserting ``this section'', and
(ii) in paragraph (3)(A)--
(I) by striking ``section 59A,'', and
(II) by striking the comma after ``rate)''.
(J) Section 6425(c)(1)(A) is amended by inserting ``plus''
at end of clause (i), by striking ``plus'' and inserting
``over'' at the end of clause (ii), and by striking clause
(iii).
(K) Section 6655 is amended--
(i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by
striking ``taxable income, alternative minimum taxable
income, and modified alternative minimum taxable income'' and
inserting ``taxable income and alternative minimum taxable
income'',
(ii) in subsection (e)(2)(B), by striking clause (iii), and
(iii) in subsection (g)(1)(A), by inserting ``plus'' at the
end of clause (ii), by striking clause (iii), and by
redesignating clause (iv) as clause (iii).
(L) Section 9507(b)(1) is amended by striking ``59A,''.
(13) Standard deduction.--
(A) So much of paragraph (1) of section 63(c) as follows
``the sum of--'' is amended to read as follows:
``(A) the basic standard deduction, and
``(B) the additional standard deduction.''.
(B) Subsection (c) of section 63 is amended by striking
paragraphs (7), (8), and (9).
(14) Annuities; certain proceeds of endowment and life
insurance contracts.--Section 72 is amended--
(A) in subsection (c)(4), by striking ``; except that if
such date was before January 1, 1954, then the annuity
starting date is January 1, 1954'', and
(B) in subsection (g)(3), by striking ``January 1, 1954,
or'' and ``, whichever is later''.
(15) Unemployment compensation.--Section 85 is amended by
striking subsection (c).
(16) Accident and health plans.--Section 105(f) is amended
by striking ``or (d)''.
(17) Flexible spending arrangements.--Section 106(c)(1) is
amended by striking ``Effective on and after January 1, 1997,
gross'' and inserting ``Gross''.
(18) Certain combat zone compensation of members of the
armed forces.--Subsection (c) of section 112 is amended--
(A) by striking ``(after June 24, 1950)'' in paragraph (2),
and
(B) by striking ``such zone;'' and all that follows in
paragraph (3) and inserting ``such zone.''.
(19) Legal service plans.--
(A) Part III of subchapter B of chapter 1 is amended by
striking section 120 (and by striking the item relating to
such section in the table of sections for such subpart).
(B)(i) Section 414(n)(3)(C) is amended by striking
``120,''.
(ii) Section 414(t)(2) is amended by striking ``120,''.
(iii) Section 501(c) is amended by striking paragraph (20).
(iv) Section 3121(a) is amended by striking paragraph (17).
(v) Section 3231(e) is amended by striking paragraph (7).
(vi) Section 3306(b) is amended by striking paragraph (12).
(vii) Section 6039D(d)(1) is amended by striking ``120,''.
(viii) Section 209(a)(14) of the Social Security Act is
amended--
(I) by striking subparagraph (B), and
(II) by striking ``(14)(A)'' and inserting ``(14)''.
(20) Principal residence.--Section 121(b)(3) is amended--
(A) by striking subparagraph (B), and
(B) in subparagraph (A), by striking ``(A) In general.--''
and moving the text 2 ems to the left.
(21) Certain reduced uniformed services retirement pay.--
Section 122(b)(1) is amended by striking ``after December 31,
1965,''.
(22) Great plains conservation program.--Section 126(a) is
amended by striking paragraph (6) and by redesignating
paragraphs (7), (8), (9), and (10) as paragraphs (6), (7),
(8), and (9), respectively.
(23) Treble damage payments under the antitrust law.--
Section 162(g) is amended by striking the last sentence.
(24) State legislators' travel expenses away from home.--
Paragraph (4) of section 162(h) is amended by striking ``For
taxable years beginning after December 31, 1980, this'' and
inserting ``This''.
(25) Interest.--
(A) Section 163 is amended--
(i) by striking paragraph (6) of subsection (d), and
(ii) by striking paragraph (5) of subsection (h).
(B) Section 56(b)(1)(C) is amended by striking clause (ii)
and by redesignating clauses (iii), (iv), and (v) as clauses
(ii), (iii), and (iv), respectively.
(26) Qualified motor vehicle taxes.--Section 164, as
amended by section 209(c) of this Act, is amended by striking
subsections (a)(6) and (b)(6).
(27) Disaster losses.--
(A) Subsection (h) of section 165 is amended by striking
paragraph (3) and by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(B) Paragraph (3) of section 165(h), as so redesignated, is
amended by striking ``paragraphs (2) and (3)'' and inserting
``paragraph (2)''.
(C) Subsection (i) of section 165 is amended--
(i) in paragraph (1)--
(I) by striking ``(as defined by clause (ii) of subsection
(h)(3)(C))'', and
(II) by striking ``(as defined by clause (i) of such
subsection)'',
(ii) by striking ``(as defined by subsection (h)(3)(C)(i)''
in paragraph (4), and
(iii) by adding at the end the following new paragraph:
``(5) Federally declared disasters.--For purposes of this
subsection--
``(A) In general.--The term `Federally declared disaster'
means any disaster subsequently determined by the President
of the United States to warrant assistance by the Federal
Government under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
``(B) Disaster area.--The term `disaster area' means the
area so determined to warrant such assistance.''.
(D) Section 1033(h)(3) is amended by striking ``section
165(h)(3)(C)'' and inserting ``section 165(i)(5)''.
(28) Charitable, etc., contributions and gifts.--Section
170 is amended--
(A) by striking paragraph (3) of subsection (b),
(B) by striking paragraph (6) of subsection (e), and
(C) by striking subsection (k).
(29) Amortizable bond premium.--
(A) Subparagraph (B) of section 171(b)(1) is amended to
read as follows:
``(B)(i) with reference to the amount payable on maturity
(or if it results in a smaller amortizable bond premium
attributable to the period before the call date, with
reference to the amount payable on the earlier call date), in
the case of a bond described in subsection (a)(1), and
``(ii) with reference to the amount payable on maturity or
on an earlier call date, in the case of a bond described in
subsection (a)(2).''.
(B) Paragraphs (2) and (3)(B) of section 171(b) are each
amended by striking ``paragraph (1)(B)(ii)'' and inserting
``paragraph (1)(B)(i)''.
(30) Net operating loss carrybacks, carryovers, and
carryforwards.--
(A) Section 172, as amended by section 211(c)(1)(B) of this
Act, is amended--
(i) by striking subparagraphs (D), (H), (I), and (J) of
subsection (b)(1) and by redesignating subparagraphs (E),
(F), and (G) as subparagraphs (D), (E), and (F),
respectively, and
[[Page 16510]]
(ii) by striking subsections (g) and (j) and by
redesignating subsections (h), (i), and (k) as subsections
(g), (h), and (i), respectively.
(B) Each of the following provisions of section 172 (as
amended by section 211(c)(1)(B) of this Act and as
redesignated by subparagraph (A)) are amended as follows:
(i) By striking ``ending after August 2, 1989'' in
subsection (b)(1)(D)(i)(II).
(ii) By striking ``subsection (h)'' in subsection
(b)(1)(D)(ii) and inserting ``subsection (g)''.
(iii) By striking ``section 165(h)(3)(C)(i)'' in subsection
(b)(1)(E)(ii)(II) and inserting ``section 165(i)(5)''.
(iv) By striking ``subsection (i)'' and all that follows in
the last sentence of subsection (b)(1)(E)(ii) and inserting
``subsection (h)).''.
(v) By striking ``subsection (i)'' in subsection (b)(1)(F)
and inserting ``subsection (h)''.
(vi) By striking subparagraph (F) of paragraph (2) of
subsection (g).
(vii) By striking ``subsection (b)(1)(E)'' each place it
appears in subsection (g)(4) and inserting ``subsection
(b)(1)(D)''.
(viii) By striking the last sentence of subsection (h)(1).
(ix) By striking ``subsection (b)(1)(G)'' each place it
appears in subsection (h)(3) and inserting ``subsection
(b)(1)(F)''.
(C) Subsection (d) of section 56 is amended by striking
paragraph (3).
(D) Paragraph (5) of section 382(l) is amended by striking
subparagraph (F) and by redesignating subparagraphs (G) and
(H) as subparagraphs (F) and (G), respectively.
(31) Research and experimental expenditures.--Subparagraph
(A) of section 174(a)(2) is amended to read as follows:
``(A) Without consent.--A taxpayer may, without the consent
of the Secretary, adopt the method provided in this
subsection for his first taxable year for which expenditures
described in paragraph (1) are paid or incurred.''.
(32) Amortization of certain research and experimental
expenditures.--Paragraph (2) of section 174(b) is amended by
striking ``beginning after December 31, 1953''.
(33) Soil and water conservation expenditures.--Paragraph
(1) of section 175(d) is amended to read as follows:
``(1) Without consent.--A taxpayer may, without the consent
of the Secretary, adopt the method provided in this section
for the taxpayer's first taxable year for which expenditures
described in subsection (a) are paid or incurred.''.
(34) Clean-fuel vehicles.--
(A) Part VI of subchapter A of chapter 1 is amended by
striking section 179A (and by striking the item relating to
such section in the table of sections for such part).
(B) Section 30C(e) is amended by adding at the end the
following:
``(7) Reference.--For purposes of this section, any
reference to section 179A shall be treated as a reference to
such section as in effect immediately before its repeal.''.
(C) Section 62(a) is amended by striking paragraph (14).
(D) Section 263(a)(1) is amended by striking subparagraph
(H).
(E) Section 280F(a)(1) is amended by striking subparagraph
(C).
(F) Section 312(k)(3) is amended by striking ``179A,'' each
place it appears.
(G) Section 1016(a) is amended by striking paragraph (24).
(H) Section 1245(a) is amended by striking ``179A,'' each
place it appears in paragraphs (2)(C) and (3)(C).
(35) Qualified disaster expenses.--Part VI of subchapter A
of chapter 1 is amended by striking section 198A (and by
striking the item relating to such section in the table of
sections for such part).
(36) Activities not engaged in for profit.--Section
183(e)(1) is amended by striking the last sentence.
(37) Domestic production activities.--
(A) Subsection (a) of section 199 is amended--
(i) by striking paragraph (2),
(ii) by redesignating subparagraphs (A) and (B) of
paragraph (1) as paragraphs (1) and (2), respectively, and by
moving paragraphs (1) and (2) (as so redesignated) 2 ems to
the left, and
(iii) by striking ``Allowance of Deduction.--'' and all
that follows through ``There shall be allowed'' and inserting
the following:
``(a) Allowance of Deduction.--There shall be allowed''.
(B) Paragraphs (2) and (6)(B) of section 199(d) are each
amended by striking ``(a)(1)(B)'' and inserting ``(a)(2)''.
(38) Retirement savings.--
(A) Subparagraph (A) of section 219(b)(5) is amended to
read as follows:
``(A) In general.--The deductible amount is $5,000.''.
(B) Clause (ii) of section 219(b)(5)(B) is amended to read
as follows:
``(ii) Applicable amount.--For purposes of clause (i), the
applicable amount is $1,000.''.
(C) Paragraph (5) of section 219(b) is amended by striking
subparagraph (C) and by redesignating subparagraph (D) as
subparagraph (C).
(D) Clause (ii) of section 219(g)(2)(A) is amended by
striking ``for a taxable year beginning after December 31,
2006''.
(E) Section 219(g)(3)(B) is amended by striking clauses (i)
and (ii) and inserting the following:
``(i) In the case of a taxpayer filing a joint return,
$80,000.
``(ii) In the case of any other taxpayer (other than a
married individual filing a separate return), $50,000.''.
(F) Paragraph (8) of section 219(g) is amended by striking
``the dollar amount in the last row of the table contained in
paragraph (3)(B)(i), the dollar amount in the last row of the
table contained in paragraph (3)(B)(ii), and the dollar
amount contained in paragraph (7)(A),'' and inserting ``each
of the dollar amounts in paragraphs (3)(B)(i), (3)(B)(ii),
and (7)(A)''.
(39) Reports regarding qualified voluntary retirement
contributions.--
(A) Section 219 is amended by striking paragraph (4) of
subsection (f) and subsection (h).
(B) Section 6652 is amended by striking subsection (g).
(40) Interest on education loans.--Paragraph (1) of section
221(b) is amended by striking ``shall not exceed'' and all
that follows and inserting ``shall not exceed $2,500.''.
(41) Dividends received on certain preferred stock; and
dividends paid on certain preferred stock of public
utilities.--
(A) Sections 244 and 247 are hereby repealed, and the table
of sections for part VIII of subchapter B of chapter 1 is
amended by striking the items relating to sections 244 and
247.
(B) Paragraph (5) of section 172(d) is amended to read as
follows:
``(5) Computation of deduction for dividends received.--The
deductions allowed by section 243 (relating to dividends
received by corporations) and 245 (relating to dividends
received from certain foreign corporations) shall be computed
without regard to section 246(b) (relating to limitation on
aggregate amount of deductions).''.
(C) Paragraph (1) of section 243(c) is amended to read as
follows:
``(1) In general.--In the case of any dividend received
from a 20-percent owned corporation, subsection (a)(1) shall
be applied by substituting `80 percent' for `70 percent'.''.
(D) Section 243(d) is amended by striking paragraph (4).
(E) Section 246 is amended--
(i) by striking ``, 244,'' in subsection (a)(1),
(ii) in subsection (b)(1)--
(I) by striking ``sections 243(a)(1), 244(a),'' and
inserting ``section 243(a)(1)'',
(II) by striking ``244(a),'' the second place it appears,
and
(III) by striking ``subsection (a) or (b) of section 245,
and 247,'' and inserting ``and subsection (a) or (b) of
section 245,'', and
(iii) by striking ``, 244,'' in subsection (c)(1).
(F) Section 246A is amended by striking ``, 244,'' both
places it appears in subsections (a) and (e).
(G) Sections 263(g)(2)(B)(iii), 277(a), 301(e)(2),
469(e)(4), 512(a)(3)(A), subparagraphs (A), (C), and (D) of
section 805(a)(4), 805(b)(5), 812(e)(2)(A),
815(c)(2)(A)(iii), 832(b)(5), 833(b)(3)(E), and 1059(b)(2)(B)
are each amended by striking ``, 244,'' each place it
appears.
(H) Section 1244(c)(2)(C) is amended by striking ``244,''.
(I) Section 805(a)(4)(B) is amended by striking ``,
244(a),'' each place it appears.
(J) Section 810(c)(2)(B) is amended by striking ``244
(relating to dividends on certain preferred stock of public
utilities),''.
(K) The amendments made by this paragraph shall not apply
to preferred stock issued before October 1, 1942 (determined
in the same manner as under section 247 of the Internal
Revenue Code of 1986 as in effect before its repeal by such
amendments).
(42) Organization expenses.--Section 248(c) is amended by
striking ``beginning after December 31, 1953,'' and by
striking the last sentence.
(43) Bond repurchase premium.--Section 249(b)(1) is amended
by striking ``, in the case of bonds or other evidences of
indebtedness issued after February 28, 1913,''.
(44) Amount of gain where loss previously disallowed.--
Section 267(d) is amended by striking ``(or by reason of
section 24(b) of the Internal Revenue Code of 1939)'' in
paragraph (1), by striking ``after December 31, 1953,'' in
paragraph (2), by striking the second sentence, and by
striking ``or by reason of section 118 of the Internal
Revenue Code of 1939'' in the last sentence.
(45) Acquisitions made to evade or avoid income tax.--
Paragraphs (1) and (2) of section 269(a) are each amended by
striking ``or acquired on or after October 8, 1940,''.
(46) Meals and entertainment.--Paragraph (3) of section
274(n) is amended--
(A) by striking ``(A) In general.--'',
(B) by striking ``substituting `the applicable percentage'
for'' and inserting ``substituting `80 percent' for'', and
(C) by striking subparagraph (B).
(47) Interest on indebtedness incurred by corporations to
acquire stock or assets of another corporation.--
(A) Section 279 is amended--
(i) by striking ``after December 31, 1967,'' in subsection
(a)(2),
(ii) by striking ``after October 9, 1969,'' in subsection
(b),
(iii) by striking ``after October 9, 1969, and'' in
subsection (d)(5), and
(iv) by striking subsection (i) and redesignating
subsection (j) as subsection (i).
[[Page 16511]]
(B) The amendments made by this paragraph shall not--
(i) apply to obligations issued on or before October 9,
1969 (determined in the same manner as under section 279 of
the Internal Revenue Code of 1986 as in effect before such
amendments), and
(ii) be construed to require interest on obligations issued
on or before December 31, 1967, to be taken into account
under section 279(a)(2) of such Code (as in effect after such
amendments).
(48) Bank holding companies.--
(A) Clause (iii) of section 304(b)(3)(D) is repealed.
(B) The heading of subparagraph (D) of section 304(b)(3) is
amended by striking ``and special rule''.
(49) Effect on earnings and profits.--Subsection (d) of
section 312 is amended by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(50) Disqualified stock.--Paragraph (3) of section 355(d)
is amended by striking ``after October 9, 1990, and'' each
place it appears.
(51) Basis to corporations.--Section 362 is amended by
striking ``on or after June 22, 1954'' in subsection (a) and
by striking ``, on or after June 22, 1954,'' each place it
appears in subsection (c).
(52) Temporary waiver of minimum required distribution.--
Section 401(a)(9) is amended by striking subparagraph (H).
(53) Individual retirement accounts.--Clause (i) of section
408(p)(2)(E) is amended to read as follows:
``(i) In general.--For purposes of subparagraph (A)(ii),
the applicable amount is $10,000.''.
(54) Tax credit employee stock ownership plans.--Section
409 is amended by striking subsection (q).
(55) Catch-up contributions.--Clauses (i) and (ii) of
section 414(v)(2)(B) are amended to read as follows:
``(i) In the case of an applicable employer plan other than
a plan described in section 401(k)(11) or 408(p), the
applicable dollar amount is $5,000.
``(ii) In the case of an applicable employer plan described
in section 401(k)(11) or 408(p), the applicable dollar amount
is $2,500.''.
(56) Employee stock purchase plans.--Section 423(a) is
amended by striking ``after December 31, 1963,''.
(57) Pension related transition rules.--
(A) Section 402(g)(1)(B) is amended by striking ``shall
be'' and all that follows and inserting ``is $15,000.''.
(B)(i) Subparagraph (D) of section 417(e)(3) is amended--
(I) by striking clauses (ii) and (iii),
(II) by striking ``if--'' and all that follows through
``section 430(h)(2)(D)'' and inserting ``if section
430(h)(2)(D)'', and
(III) by striking ``described in such section,'' and
inserting ``described in such section.''.
(ii) Clause (iii) of section 205(g)(3)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1055(g)(3)(B)) is amended--
(I) by striking subclauses (II) and (III),
(II) by striking ``if--'' and all that follows through
``section 303(h)(2)(D)'' and inserting ``if section
303(h)(2)(D)'', and
(III) by striking ``described in such section,'' and
inserting ``described in such section.''.
(C)(i) Paragraph (5) of section 430(c) is amended by
striking subparagraph (B) and by striking ``(A) In general.--
''.
(ii) Paragraph (5) of section 303(c) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)) is
amended by striking subparagraph (B) and by striking ``(A) In
general.--''.
(D)(i) Paragraph (2) of section 430(h) is amended by
striking subparagraph (G).
(ii) Paragraph (2) of section 303(h) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1083(h)) is
amended by striking subparagraph (G).
(E)(i) Paragraph (3) of section 436(j), as added by section
113(a)(1)(B) of the Pension Protection Act of 2006, is
amended by striking subparagraphs (B) and (C) and by striking
``(A) In general.--''.
(ii) Subparagraph (C) of section 206(g)(9) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)(9))
is amended by striking clauses (ii) and (iii) and by striking
``(i) In general.--''.
(F)(i) Section 436(j) is amended by striking the paragraph
(3) added by section 203(a)(2) of the Preservation of Access
to Care for Medicare Beneficiaries and Pension Relief Act of
2010.
(ii) Section 206(g)(9) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1056(g)(9)) is amended by
striking subparagraph (D).
(G)(i) Section 436 is amended by striking subsection (m).
(ii) Section 206(g) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1056(g)) is amended by
striking paragraph (11).
(H) Section 457(e)(15)(A) is amended by striking ``shall
be'' and all that follows and inserting ``is $15,000.''.
(58) Limitation on deductions for certain farming.--
(A) Section 464 is amended by striking ``any farming
syndicate (as defined in subsection (c))'' both places it
appears in subsections (a) and (b) and inserting ``any
taxpayer to whom subsection (d) applies''.
(B)(i) Subsection (c) of section 464 is hereby moved to the
end of section 461 and redesignated as subsection (j).
(ii) Such subsection (j) is amended--
(I) by striking ``For purposes of this section'' in
paragraph (1) and inserting ``For purposes of subsection
(i)(4)'', and
(II) by adding at the end the following new paragraphs:
``(3) Farming.--For purposes of this subsection, the term
`farming' has the meaning given to such term by section
464(e).
``(4) Limited entrepreneur.--For purposes of this
subsection, the term `limited entrepreneur' means a person
who--
``(A) has an interest in an enterprise other than as a
limited partner, and
``(B) does not actively participate in the management of
such enterprise.''.
(iii) Paragraph (4) of section 461(i) is amended by
striking ``section 464(c)'' and inserting ``subsection (j)''.
(C) Section 464 is amended--
(i) by striking subsections (e) and (g) and redesignating
subsections (d) and (f) as subsections (c) and (d),
respectively, and
(ii) by adding at the end the following new subsection:
``(e) Farming.--For purposes of this section, the term
`farming' means the cultivation of land or the raising or
harvesting of any agricultural or horticultural commodity
including the raising, shearing, feeding, caring for,
training, and management of animals. For purposes of the
preceding sentence, trees (other than trees bearing fruit or
nuts) shall not be treated as an agricultural or
horticultural commodity.''.
(D) Subsection (d) of section 464 of such Code (as
redesignated by subparagraph (C)) is amended--
(i) by striking paragraph (1) and redesignating paragraphs
(2), (3), and (4) as paragraphs (1), (2), and (3),
respectively, and
(ii) by striking ``Subsections (a) and (b) to Apply to'' in
the heading.
(E) Subparagraph (A) of section 58(a)(2) is amended by
striking ``section 464(c)'' and inserting ``section 461(j)''.
(59) Deductions limited to amount at risk.--Subparagraph
(A) of section 465(c)(3) is amended by striking ``In the case
of taxable years beginning after December 31, 1978, this''
and inserting ``This''.
(60) Passive activity losses and credits limited.--
(A) Section 469 is amended by striking subsection (m).
(B) Subsection (b) of section 58 is amended by adding
``and'' at the end of paragraph (1), by striking paragraph
(2), and by redesignating paragraph (3) as paragraph (2).
(61) Adjustments required by changes in method of
accounting.--Section 481(b)(3) is amended by striking
subparagraph (C).
(62) Exemption from tax on corporations, certain trusts,
etc.--Section 501 is amended by striking subsection (s).
(63) Requirements for exemption.--
(A) Section 503(a)(1) is amended to read as follows:
``(1) General rule.--An organization described in paragraph
(17) or (18) of section 501(c), or described in section
401(a) and referred to in section 4975(g) (2) or (3), shall
not be exempt from taxation under section 501(a) if it has
engaged in a prohibited transaction.''.
(B) Paragraph (2) of section 503(a) is amended by striking
``described in section 501(c)(17) or (18) or paragraph
(a)(1)(B)'' and inserting ``described in paragraph (1)''.
(C) Subsection (c) of section 503 is amended by striking
``described in section 501(c)(17) or (18) or subsection
(a)(1)(B)'' and inserting ``described in subsection (a)(1)''.
(64) Accumulated taxable income.--Paragraph (1) of section
535(b) and paragraph (1) of section 545(b) are each amended
by striking ``section 531'' and all that follows and
inserting ``section 531 or the personal holding company tax
imposed by section 541.''.
(65) Definition of property.--Subsection (b) of section 614
is amended--
(A) by striking paragraphs (3)(C) and (5), and
(B) in paragraph (4), by striking ``whichever of the
following years is later: The first taxable year beginning
after December 31, 1963, or''.
(66) Amounts received by surviving annuitant under joint
and survivor annuity contract.--Subparagraph (A) of section
691(d)(1) is amended by striking ``after December 31, 1953,
and''.
(67) Income taxes of members of armed forces on death.--
Section 692(a)(1) is amended by striking ``after June 24,
1950''.
(68) Special rules for computing reserves.--Paragraph (7)
of section 807(e) is amended by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph (B).
(69) Insurance company taxable income.--
(A) Section 832(e) is amended by striking ``of taxable
years beginning after December 31, 1966,''.
(B) Section 832(e)(6) is amended by striking ``In the case
of any taxable year beginning after December 31, 1970, the''
and inserting ``The''.
(70) Capitalization of certain policy acquisition
expenses.--Section 848 is amended by striking subsection (j).
[[Page 16512]]
(71) Tax on nonresident alien individuals.--Subparagraph
(B) of section 871(a)(1) is amended to read as follows:
``(B) gains described in subsection (b) or (c) of section
631,''.
(72) Limitation on credit.--Paragraph (2) of section 904(d)
is amended by striking subparagraph (J).
(73) Foreign earned income.--Clause (i) of section
911(b)(2)(D) is amended to read as follows:
``(i) In general.--The exclusion amount for any calendar
year is $80,000.''.
(74) Basis of property acquired from decedent.--
(A) Section 1014(a)(2) is amended to read as follows:
``(2) in the case of an election under section 2032, its
value at the applicable valuation date prescribed by such
section,''.
(B) Section 1014(b) is amended by striking paragraphs (7)
and (8).
(75) Adjusted basis.--Section 1016(a) is amended by
striking paragraph (12).
(76) Property on which lessee has made improvements.--
Section 1019 is amended by striking the last sentence.
(77) Involuntary conversion.--Section 1033 is amended by
striking subsection (j) and by redesignating subsections (k)
and (l) as subsections (j) and (k), respectively.
(78) Property acquired during affiliation.--Section 1051 is
hereby repealed, and the table of sections for part IV of
subchapter O of chapter 1 is amended by striking the item
relating to section 1051.
(79) Capital gains and losses.--Section 1222 is amended by
striking the last sentence.
(80) Holding period of property.--
(A) Paragraph (1) of section 1223 is amended by striking
``after March 1, 1954,''.
(B) Paragraph (4) of section 1223 is amended by striking
```(or under so much of section 1052(c) as refers to section
113(a)(23) of the Internal Revenue Code of 1939)'''.
(C) Paragraphs (6) and (8) of section 1223 are repealed.
(81) Property used in the trade or business and involuntary
conversions.--Subparagraph (A) of section 1231(c)(2) is
amended by striking ``beginning after December 31, 1981''.
(82) Sale or exchange of patents.--Section 1235 is
amended--
(A) by striking subsection (c) and by redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively, and
(B) by striking ``subsection (d)'' in subsection (b)(2)(B)
and inserting ``subsection (c)''.
(83) Dealers in securities.--Subsection (b) of section 1236
is amended by striking ``after November 19, 1951,''.
(84) Sale of patents.--Subsection (a) of section 1249 is
amended by striking ``after December 31, 1962,''.
(85) Gain from disposition of farmland.--Paragraph (1) of
section 1252(a) is amended--
(A) by striking ``after December 31, 1969'' the first place
it appears, and
(B) by striking ``after December 31, 1969,'' in
subparagraph (A).
(86) Treatment of amounts received on retirement or sale or
exchange of debt instruments.--Subsection (c) of section 1271
is amended to read as follows:
``(c) Special Rule for Certain Obligations With Respect to
Which Original Issue Discount Not Currently Includible.--
``(1) In general.--On the sale or exchange of debt
instruments issued by a government or political subdivision
thereof after December 31, 1954, and before July 2, 1982, or
by a corporation after December 31, 1954, and on or before
May 27, 1969, any gain realized which does not exceed--
``(A) an amount equal to the original issue discount, or
``(B) if at the time of original issue there was no
intention to call the debt instrument before maturity, an
amount which bears the same ratio to the original issue
discount as the number of complete months that the debt
instrument was held by the taxpayer bears to the number of
complete months from the date of original issue to the date
of maturity, shall be considered as ordinary income.
``(2) Subsection (a)(2)(A) not to apply.--Subsection
(a)(2)(A) shall not apply to any debt instrument referred to
in paragraph (1) of this subsection.
``(3) Cross reference.--For current inclusion of original
issue discount, see section 1272.''.
(87) Amount and method of adjustment.--Section 1314 is
amended by striking subsection (d) and by redesignating
subsection (e) as subsection (d).
(88) Election; revocation; termination.--Clause (iii) of
section 1362(d)(3)(A) is amended by striking ``unless'' and
all that follows and inserting ``unless the corporation was
an S corporation for such taxable year.''.
(89) Old-age, survivors, and disability insurance.--
Subsection (a) of section 1401 is amended by striking ``the
following percent'' and all that follows and inserting ``12.4
percent of the amount of the self-employment income for such
taxable year.''.
(90) Hospital insurance.--Paragraph (1) of section 1401(b)
is amended by striking: ``the following percent'' and all
that follows and inserting ``2.9 percent of the amount of the
self-employment income for such taxable year.''.
(91) Ministers, members of religious orders, and christian
science practitioners.--Paragraph (3) of section 1402(e) is
amended--
(A) by striking ``whichever of the following dates is
later: (A)'', and
(B) by striking ``;or (B)''' and all that follows and
inserting a period.
(92) Withholding of tax on nonresident aliens.--The first
sentence of subsection (b) of section 1441 and the first
sentence of paragraph (5) of section 1441(c) are each amended
by striking ``gains subject to tax'' and all that follows
through ``October 4, 1966'' and inserting ``and gains subject
to tax under section 871(a)(1)(D)''.
(93) Affiliated group defined.--Subparagraph (A) of section
1504(a)(3) is amended by striking ``for a taxable year which
includes any period after December 31, 1984'' in clause (i)
and by striking ``in a taxable year beginning after December
31, 1984'' in clause (ii).
(94) Disallowance of the benefits of the graduated
corporate rates and accumulated earnings credit.--
(A) Subsection (a) of section 1551 is amended--
(i) by striking paragraph (1) and by redesignating
paragraphs (2) and (3) as paragraphs (1) and (2),
respectively, and
(ii) by striking ``after June 12, 1963,'' each place it
appears.
(B) Section 1551(b) is amended--
(i) by striking ``or (2)'' in paragraph (1), and
(ii) by striking ``(a)(3)'' in paragraph (2) and inserting
``(a)(2)''.
(95) Credit for state death taxes.--
(A)(i) Part II of subchapter A of chapter 11 is amended by
striking section 2011 (and by striking the item relating to
such section in the table of sections for such subpart).
(ii) Section 2106(a)(4) is amended by striking ``section
2011(a)'' and inserting ``2058(a)''.
(B)(i) Subchapter A of chapter 13 is amended by striking
section 2604 (and by striking the item relating to such
section in the table of sections for such subpart).
(ii) Clause (ii) of section 164(b)(4)(A) is amended by
inserting ``(as in effect before its repeal)'' after
``section 2604''.
(iii) Section 2654(a)(1) is amended by striking ``(computed
without regard to section 2604)''.
(96) Gross estate.--Subsection (c) of section 2031 is
amended by striking paragraph (3) and by amending paragraph
(1)(B) to read as follows:
``(II) $500,000.''.
(97)(A) Part IV of subchapter A of chapter 11 is amended by
striking section 2057 (and by striking the item relating to
such section in the table of sections for such subpart).
(B) Paragraph (10) of section 2031(c) is amended by
inserting ``(as in effect before its repeal)'' immediately
before the period at the end thereof.
(98) Property within the united states.--Subsection (c) of
section 2104 is amended by striking ``With respect to estates
of decedents dying after December 31, 1969, deposits'' and
inserting ``Deposits''.
(99) FICA taxes.--
(A) Subsection (a) of section 3101 is amended by striking
``the following percentages'' and all that follows and
inserting ``6.2 percent of the wages (as defined in section
3121(a)) received by the individual with respect to
employment (as defined in section 3121(b))''.
(B)(i) Subsection (a) of section 3111 is amended by
striking ``the following percentages'' and all that follows
and inserting ``6.2 percent of the wages (as defined in
section 3121(a)) paid by the employer with respect to
employment (as defined in section 3121(b)).''.
(ii) Subsection (b) of section 3111 is amended by striking
``the following percentages'' and all that follows and
inserting ``1.45 percent of the wages (as defined in section
3121(a)) paid by the employer with respect to employment (as
defined in section 3121(b)).''.
(C)(i) Section 3121(b) is amended by striking paragraph
(17).
(ii) Section 210(a) of the Social Security Act is amended
by striking paragraph (17).
(100) Railroad retirement.--
(A) Subsection (b) of section 3201 is amended to read as
follows:
``(b) Tier 2 Tax.--In addition to other taxes, there is
hereby imposed on the income of each employee a tax equal to
the percentage determined under section 3241 for any calendar
year of the compensation received during such calendar year
by such employee for services rendered by such employee.''.
(B) Subsection (b) of section 3211 is amended to read as
follows:
``(b) Tier 2 Tax.--In addition to other taxes, there is
hereby imposed on the income of each employee representative
a tax equal to the percentage determined under section 3241
for any calendar year of the compensation received during
such calendar year by such employee representative for
services rendered by such employee representative.''.
(C) Subsection (b) of section 3221 is amended to read as
follows:
``(b) Tier 2 Tax.--In addition to other taxes, there is
hereby imposed on every employer an excise tax, with respect
to having individuals in his employ, equal to the percentage
determined under section 3241 for any calendar year of the
compensation paid
[[Page 16513]]
during such calendar year by such employer for services
rendered to such employer.''.
(D) Subsection (b) of section 3231 is amended--
(i) by striking ``compensation; except'' and all that
follows in the first sentence and inserting
``compensation.'', and
(ii) by striking the second sentence.
(101) Credits against federal unemployment tax.--
(A) Paragraph (4) of section 3302(f) is amended--
(i) by striking ``subsection--'' and all that follows
through ``(A) In general.--The'' and inserting ``subsection,
the'',
(ii) by striking subparagraph (B),
(iii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and
(iv) by moving the text of such subparagraphs (as so
redesignated) 2 ems to the left.
(B) Paragraph (5) of section 3302(f) is amended by striking
subparagraph (D) and by redesignating subparagraph (E) as
subparagraph (D).
(102) Domestic service employment taxes.--Section 3510(b)
is amended by striking paragraph (4).
(103) Luxury passenger automobiles.--
(A) Chapter 31 is amended by striking subchapter A (and by
striking the item relating to such subchapter in the table of
subchapters for such chapter).
(B)(i) Section 4221 is amended--
(I) in subsections (a) and (d)(1), by striking ``subchapter
A or'' and inserting ``subchapter'',
(II) in subsection (a), by striking ``In the case of taxes
imposed by subchapter A of chapter 31, paragraphs (1), (3),
(4), and (5) shall not apply.'', and
(III) in subsection (c), by striking ``4001(c), 4001(d),
or''.
(ii) Section 4222 is amended by striking ``4001(c),
4001(d),''.
(iii) Section 4293 is amended by striking ``subchapter A of
chapter 31,''.
(104) Transportation by air.--Section 4261(e) is amended--
(A) in paragraph (1), by striking subparagraph (C), and
(B) by striking paragraph (5).
(105) Taxes on failure to distribute income.--
(A) Subsection (g) of section 4942 is amended by striking
``For all taxable years beginning on or after January 1,
1975, subject'' in paragraph (2)(A) and inserting
``Subject''.
(B) Section 4942(i)(2) is amended by striking ``beginning
after December 31, 1969, and''.
(106) Taxes on taxable expenditures.--Section 4945(f) is
amended by striking ``(excluding therefrom any preceding
taxable year which begins before January 1, 1970)''.
(107) Definitions and special rules.--Section 4682(h) is
amended--
(A) by striking paragraph (1) and redesignating paragraphs
(2), (3), and (4) as paragraphs (1), (2), and (3),
respectively, and
(B) in paragraph (1) (as so redesignated)--
(i) by striking the heading and inserting ``In general'',
and
(ii) by striking ``after 1991'' in subparagraph (C).
(108) Returns.--Subsection (a) of section 6039D is amended
by striking ``beginning after December 31, 1984,''.
(109) Information returns.--Subsection (c) of section 6060
is amended by striking ```year''' and all that follows and
inserting ``year.''.
(110) Collection.--Section 6302 is amended--
(A) in subsection (e)(2), by striking ``imposed by'' and
all that follows through ``with respect to'' and inserting
``imposed by sections 4251, 4261, or 4271 with respect to'',
(B) by striking the last sentence of subsection (f)(1), and
(C) in subsection (h)--
(i) by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively, and
(ii) by amending paragraph (3) (as so redesignated) to read
as follows:
``(3) Coordination with other electronic fund transfer
requirements.--Under regulations, any tax required to be paid
by electronic fund transfer under section 5061(e) or 5703(b)
shall be paid in such a manner as to ensure that the
requirements of the second sentence of paragraph (1)(A) of
this subsection are satisfied.''.
(111) Abatements.--Section 6404(f) is amended by striking
paragraph (3).
(112) 2008 recovery rebate for individuals.--
(A) Subchapter B of chapter 65 is amended by striking
section 6428 (and by striking the item relating to such
section in the table of sections for such subchapter).
(B) Subparagraph (A) of section 6211(b)(4) is amended by
striking ``6428,''.
(C) Paragraph (2) of section 6213(g), as amended by section
214(a)(2) of this Act and paragraphs (4) and (5)(C) of this
subsection, is amended by striking subparagraph (Q), by
redesignating subparagraph (O) as subparagraph (N), by
inserting ``and'' at the end of subparagraph (M), and by
striking the comma at the end of subparagraph (N) (as so
redesignated) and inserting a period.
(D) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``6428, or 6431,'' and
inserting ``or 6431''.
(113) Advance payment of portion of increased child credit
for 2003.--Subchapter B of chapter 65 is amended by striking
section 6429 (and by striking the item relating to such
section in the table of sections for such subchapter).
(114) Failure by corporation to pay estimated income tax.--
Clause (i) of section 6655(g)(4)(A) is amended by striking
``(or the corresponding provisions of prior law)''.
(115) Retirement.--Section 7447(i)(3)(B)(ii) is amended by
striking ``at 4 percent per annum to December 31, 1947, and 3
percent per annum thereafter'', and inserting ``at 3 percent
per annum''.
(116) Annuities to surviving spouses and dependent children
of judges.--
(A) Paragraph (2) of section 7448(a) is amended--
(i) by striking ``or under section 1106 of the Internal
Revenue Code of 1939'', and
(ii) by striking ``or pursuant to section 1106(d) of the
Internal Revenue Code of 1939''.
(B) Subsection (g) of section 7448 is amended by striking
``or other than pursuant to section 1106 of the Internal
Revenue Code of 1939''.
(C) Subsections (g), (j)(1), and (j)(2) of section 7448 are
each amended by striking ``at 4 percent per annum to December
31, 1947, and 3 percent per annum thereafter'' and inserting
``at 3 percent per annum''.
(117) Merchant marine capital construction funds.--
Paragraph (4) of section 7518(g) is amended by striking ``any
nonqualified withdrawal'' and all that follows through
```shall be determined'' and inserting ``any nonqualified
withdrawal shall be determined''.
(118) Valuation tables.--
(A) Subsection (c) of section 7520 is amended by striking
paragraph (2) and redesignating paragraph (3) as paragraph
(2).
(B) Paragraph (2) of section 7520(c) (as redesignated by
subparagraph (A)) is amended--
(i) by striking ``Not later than December 31, 1989, the''
and inserting ``The'', and
(ii) by striking ``thereafter'' in the last sentence
thereof.
(119) Definition of employee.--Section 7701(a)(20) is
amended by striking ``chapter 21'' and all that follows and
inserting ``chapter 21.''.
(b) Effective Date.--
(1) General rule.--Except as otherwise provided in
subsection (a) or paragraph (2) of this subsection, the
amendments made by this section shall take effect on the date
of enactment of this Act.
(2) Savings provision.--If--
(A) any provision amended or repealed by the amendments
made by this section applied to--
(i) any transaction occurring before the date of the
enactment of this Act,
(ii) any property acquired before such date of enactment,
or
(iii) any item of income, loss, deduction, or credit taken
into account before such date of enactment, and
(B) the treatment of such transaction, property, or item
under such provision would (without regard to the amendments
or repeals made by this section) affect the liability for tax
for periods ending after date of enactment, nothing in the
amendments or repeals made by this section shall be construed
to affect the treatment of such transaction, property, or
item for purposes of determining liability for tax for
periods ending after such date of enactment.
TITLE III--JOINT COMMITTEE ON TAXATION
SEC. 301. INCREASED REFUND AND CREDIT THRESHOLD FOR JOINT
COMMITTEE ON TAXATION REVIEW OF C CORPORATION
RETURN.
(a) In General.--Subsections (a) and (b) of section 6405
are each amended by inserting ``($5,000,000 in the case of a
C corporation)'' after ``$2,000,000''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act,
except that such amendment shall not apply with respect to
any refund or credit with respect to a report that has been
made before such date under section 6405 of the Internal
Revenue Code of 1986.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. BUDGETARY EFFECTS.
(a) Paygo Scorecard.--The budgetary effects of this Act
shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act
of 2010.
(b) Senate Paygo Scorecard.--The budgetary effects of this
Act shall not be entered on any PAYGO scorecard maintained
for purposes of section 201 of S. Con. Res. 21 (110th
Congress).
The SPEAKER pro tempore. The gentleman from Michigan (Mr. Camp) and
the gentleman from Michigan (Mr. Levin) each will control 30 minutes.
The Chair recognizes the gentleman from Michigan (Mr. Camp).
General Leave
Mr. CAMP. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days in which to revise and extend their remarks and to
include extraneous material on H.R. 5771.
[[Page 16514]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
As we all know, there is a series of tax provisions that routinely
expire that Congress must then renew, typically extending them for 1
year retroactively and 1 year prospectively. Congress routinely extends
these policies without offsetting the revenue loss.
This on again-off again style of legislating on a temporary basis is
a terrible way to make tax policy. We are the only Nation in the world
that lets large pieces of its Tax Code expire.
Hard-working taxpayers deserve to know whether these tax policies are
going to be there year in and year out on a permanent basis. Temporary
renewals cannot provide the certainty that American businesses need in
order to make the best decisions about how to invest in cutting-edge
research, whether to buy new pieces of equipment, and most importantly,
whether to hire that additional worker. These temporary renewals mean
uncertainty for families as well as they try to plan their family
budgets.
Throughout the year, the Ways and Means Committee has produced
legislation that carefully examined many of these temporary extenders
and reformed and made permanent several of the most important ones. The
whole House on a bipartisan basis later passed this legislation.
This included important policies such as a permanent and improved
credit for research and development and permanently higher section 179
expensing levels for small businesses--policies that were also included
in the President's budget proposals.
Analysis by the nonpartisan experts at the Joint Committee on
Taxation confirmed that permanent extensions of these policies would
result in companies spending more on R&D and making new investments,
all of which would promote job creation and higher wages.
Having passed a number of these policies through the House on a
bipartisan basis, we proceeded with the rather old-fashioned approach
of beginning bipartisan negotiations with the Senate.
{time} 1615
Until last week, we were making significant progress in those
negotiations as everyone involved worked in good faith to reach a
successful conclusion. We were close to reaching an agreement that
would ensure that many of the bills that passed the House on a
bipartisan basis would be included.
In addition, we were going beyond the list of traditional tax
extenders and including additional policies designed specifically to
assist low- and middle-income American families, in particular,
policies such as the American Opportunity Tax Credit, which helps low-
and middle-income families afford college, which was also included in
the President's budget proposals. Other policies included making
permanent the deduction for State and local sales taxes and the tax
rules for mass transit benefits.
However, before these negotiations could conclude, the administration
took the unbelievable step of issuing a veto threat. The President
issued a veto threat over bipartisan, bicameral negotiations.
Now, I can't tell you with certainty exactly what the administration
wants because the administration has not even bothered to reach out and
tell us what the President's priorities are; rather than trying to
engage and work with Congress, the administration is only communicating
through press statements.
The President has often said that he wants to work with Congress to
find bipartisan solutions. In fact, in his press conference after the
election, the President said:
I am eager to work with the new Congress to make the next 2
years as productive as possible. I am committed to making
sure that I measure ideas not by whether they are from
Democrats or Republicans, but whether they work for the
American people.
That statement is completely at odds with the President's actions
last week, and we all know that actions speak louder than words. As a
result of the administration's actions, negotiations with the Senate
have come to a standstill.
Inexplicably, the administration and some Senate Democrats have taken
the position that policies that promote savings, investment, charitable
donations, and job creation are a ``giveaway'' to big corporations.
These Senators and the administration should listen to the 1,032
charitable organizations that have written to every Member of Congress
in support of the permanent tax incentives for charitable giving that
would have been included in the agreement with the Senate. I don't
think that policies that promote donations to food banks, homeless
shelters, and hospitals are giveaways to corporate America.
The administration's actions now force us to take a different and
less effective approach. With the end of the year and a new tax filing
season rapidly approaching, we need to act. The IRS has been clear,
unless Congress acts quickly, it will be forced to delay the start of
the tax filing season.
American families are struggling to make ends meet as wages remain
flat, even as expenses increase. These families can't and should not
face a delay in getting their tax refund.
The legislation before us today will address the concerns raised by
the IRS and ensure the tax filing season can open on time. We should
ensure that the President's actions do not hurt hardworking taxpayers
who are counting on that tax refund; therefore, I urge the House to
pass this legislation and ensure that the tax filing season opens on
time.
I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
This legislation is crucial as much for what it avoids as what it
accomplishes. A 1-year extension avoids the dangerous plan pushed by
House Republicans for much of this last year to make permanent a select
number of provisions at a cost of nearly $1 trillion.
That plan was not only fiscally irresponsible, it also left many
provisions behind that are vital to working families and small
businesses, including the exclusion for mortgage debt forgiveness, new
market tax credits, continuations of the expansions to the earned
income tax credit, and the refundable portion of the child tax credit.
This bill also avoids an almost equally harmful proposal under
consideration last week that would have permanently extended a select
group of expiring provisions and would also have given permanent breaks
to a relative few while costing more than $400 billion and leaving out
critical provisions that help working families.
I actively and publicly opposed that proposal. Fortunately, it
generated a veto threat from the President.
The provisions in today's extender bill need more serious
consideration than would have been provided in that proposal both as to
substance, whether they contribute to economic growth and jobs, and how
they fit into the need for both equity and fiscal responsibility.
Some of the extender provisions have contributed to economic growth,
such as the provisions for R&D, promoting development of renewable
energy, encouraging development of small business, and increasing
educational opportunity. Others should not be part of any permanent
action, such as bonus depreciation, which was always contemplated as a
temporary measure to stimulate economic growth and activity.
Some of the provisions in tax extenders should end, and others need
to be addressed as we make better sense of the international tax
structure, including closing tax loopholes. While I did not agree with
many of the provisions of the tax reform proposal of the chairman, he
did attempt to address issues in a more comprehensive way, unlike what
was passed through the House up to $1 trillion and was attempted last
week.
It was a serious mistake, as I said, for the Republicans to have
taken pieces of it, trying to make them permanent without paying a dime
to offset the more than $800 billion cost of doing so.
[[Page 16515]]
The bill today, therefore, only maintains the status quo for this
year. Not to act would disrupt the coming tax filing season for
millions of American workers and businesses which have relied on
Congress to extend these provisions and will, in a matter of weeks,
begin filing their 2014 tax returns. As a result, I will support this
measure.
As we act in the future, including on tax reform, I believe the
lesson that should be learned from the past is that it is critical to
try to work on a bipartisan basis, recognizing the importance of
maintaining support for the values that must underpin legislative
action.
I reserve the balance of my time.
Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
I do want to thank my friend from Michigan for his support of this
legislation before us today. It is something that we do need to do. We
cannot allow these provisions to be expired for all of 2014, but I
would say that, if you look around, we are not seeing the kind of
growth and opportunity that we should see in America. We are not seeing
the kind of job creation, we are not seeing the kind of income
increases; yet expenses are going up for families.
The items that the gentleman talked about, whether it was research
and development or section 179 or the American Opportunity Tax Credit,
all of those were going to be permanent in the package that we were
working on, and even the mortgage debt forgiveness for those who are
selling their homes and their mortgages were underwater, we were
extending that for 2 years, so there were a lot of things for families.
Certainly, the charitable provisions for food banks and for
charitable giving, those would certainly help middle class Americans as
well.
The reason why I think it is important to get permanent policy is
that we haven't seen the kind of growth that we need to see, and the
more of these items that we can make permanent, the more stability we
have, the more likely it is that employers and individuals and families
are going to make the kind of long-term decisions that will cause our
economy to grow.
It is not just me saying this; it is the nonpartisan Joint Committee
on Taxation that says permanent policies such as these, as we were
working on, are the kinds of things that the country needs to do to
grow.
Again, I want to thank him for his support of the legislation.
Hopefully, in the future, we will be able to get at some of these
issues in a more permanent way, so that we don't have this unusual
system where we have had all of these policies expired for all of 2014
and, in the final 2 weeks, we are going to retroactively put them into
place for the final weeks of the year, so that when people file in
April, they will be able to take advantage of these items. We should
really do this on a more regular basis.
I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield myself 1 minute.
Look, you made provisions permanent, Mr. Chairman, and you paid for
them in your bill. There is disagreement how you paid for them, but you
paid for them, and then you come forth with up to $1 trillion permanent
unpaid for and leave out the child tax credit and the EITC.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. LEVIN. I yield myself an additional 1 minute.
Then we hear last week a proposal for $400 billion of it unpaid for,
permanent--unpaid for, permanent--leaving out the EITC and the child
tax credit, so that is why the President acted, and that is why it was
essential he act.
The SPEAKER pro tempore. Members are reminded to address their
remarks to the Chair and not to other Members in the second person.
Mr. LEVIN. I now yield 4 minutes to the distinguished gentleman from
Maryland (Mr. Hoyer).
Mr. HOYER. Mr. Speaker, I thank Chairman Camp for his courage. I am
not going to thank him for this bill, however, but I am going to vote
for this bill.
Mr. Speaker, American families and businesses deserve certainty from
their tax system--confidence, stability. I am glad we are able to move
forward on this legislation rather than pursue a plan to make certain
tax preferences permanent while ballooning our debt.
While I am supporting this tax extender package, Mr. Speaker, I do so
with two very serious reservations. First, it adds the cost of
extending this preference to our deficit. It is good, however, that we
did not make unpaid-for extensions on a permanent basis, as the ranking
member has just discussed.
Second, this is a very short-term fix when Congress needs to work
toward a long-term solution. I join the ranking member in
congratulating Mr. Camp for bringing that forward--well, at least he
put it on the table. It didn't come forward.
We ought to make the research and experimentation tax credit
permanent, but we need to pay for it. While this legislation allows
teachers to deduct their out-of-pocket expenses, it does not give them
the certainty that they will be able to do so in 2015 or beyond. To
that extent, they are in the same position as everybody else covered by
this bill will be.
Neither does this bill provide appropriate tax support for renewable
energy, biofuels, and energy efficiency--sadly, the failure to extend
this for at least 2 years may result in the loss of up to 30,000 jobs--
nor, Mr. Speaker, does it provide long-term clarity on long-term bonus
depreciation or small business expensing, all of which would give
greater confidence to the growth of jobs.
This all speaks to a larger challenge that Congress has an
opportunity to address in the new year; instead of this annual ritual
of extending individual credits and deductions, we ought to engage in
meaningful, comprehensive, and pro-growth tax reform that provides
greater certainty across our economy to businesses and individuals
alike.
We all know that doing so will not be easy. It will involve difficult
choices on both sides of the aisle.
Again, Mr. Chairman, I want to congratulate you. You had the courage
to put forward a bill earlier this year that made tough decisions in
order to show a path to lower rates and a simpler Code without adding
to the deficit, but that path wasn't the path taken by the majority in
this Congress.
Instead, the House voted on bill after bill after bill to cut taxes
recklessly without any plan to stabilize the debt, invest in our future
priorities, and create jobs in a meaningful way.
This package we will be voting on today is the least we can do. It
isn't what I hoped for, and it isn't what I hoped I would stand in this
well and urge my colleagues to support at the beginning of the 113th
Congress, but it is better than many of the cynical alternatives that
we have heard about.
{time} 1630
I want to congratulate the ranking member and, frankly, the President
of the United States for saying ``no'' to an irresponsible package.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. LEVIN. Mr. Speaker, I yield an additional 2 minutes to the
gentleman.
Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding.
While I support this measure, I do so believing that America deserves
better, wants better, hopes to get better. That is what each and every
one of us was sent here to deliver: responsible policy for our country.
This is not that policy. It is, however, as I said, better than the
alternative in that it would at least give those in 2014 who have
operated on the expectation of getting the credit the assurance that
they will get it.
My hope, Mr. Speaker, is that, come next December, we won't be here
again considering another tax extender bill to keep the economy from
collapsing. It is my hope, Mr. Speaker, that the Republican majority
and the Democratic minority can work together to effect responsible,
fiscally sound tax reform which will help grow our economy and give the
business community and our people the confidence they need to have to
grow our economy and to participate effectively in making America
better.
Mr. Speaker, again, in closing, I want to congratulate Mr. Camp,
because I think he did bring forth a bill that could have engendered
that responsible
[[Page 16516]]
debate that we needed, a fiscally sound proposal making tough tradeoffs
that we ought to have the courage to make. He had that courage, and I
congratulate him for it.
Mr. CAMP. Mr. Speaker, I just want to thank the distinguished
gentleman from Maryland for his remarks. This is a debate America needs
to have and, hopefully, next year that debate will move forward.
With that, I yield 3 minutes to the distinguished gentleman from
Indiana (Mr. Stutzman).
Mr. STUTZMAN. Mr. Speaker, I rise today in support of the Tax
Increase Prevention Act of 2014.
Mr. Speaker, American workers and businesses are most successful when
they are able to keep, spend, and invest more of their hard-earned
money. Our economy, which has already remained too weak for too long,
simply cannot afford a series of irresponsible tax hikes that will
target individuals, small businesses, and job creators all across the
country. So this legislation will help protect those taxpayers--our
taxpayers--and their pocketbooks and provide them some level of clarity
as they plan for the new year.
Right now, working families and businesses are simply trying to make
ends meet. I know from speaking with families and workers back home in
Indiana that the last thing that they can afford is higher taxes when
they need to be providing for their kids' education, savings, or
growing their business.
In this legislation, Mr. Speaker, I am especially pleased to support
the provisions that would extend the increased section 179 deduction
levels, as well as the extension of bonus depreciation. Countless
farms, small businesses, and manufacturers in the Hoosier State and
across the country use these important tools to make business-building
capital investments. A failure to act on those tax extensions would
only slow an economic recovery that desperately needs to pick up the
pace.
Today, we have an opportunity to stand together as Republicans and
Democrats and pass legislation that will prevent economic harm to
millions of families and businesses across the United States. While
this may not be the intention that we would all like to have, I do
believe that this is the best that we can do for right now to prevent
any sort of further damage to the economy.
I would like to, in closing, thank Chairman Camp and the members of
the Ways and Means Committee for their hard work on this issue, and I
would urge my colleagues to support their efforts.
I would also like to take a brief moment to thank Chairman Camp for
his many years of service as a tireless advocate for the constituents
back in Michigan. I have the opportunity to travel with him to Detroit
from time to time and appreciate his thoughtfulness and his leadership
and his desire to do what is best for America. He is an honorable
colleague, and I have been honored to have had the chance to serve with
him. I wish him the very best in his retirement and know that he will
continue to stay busy one way or another.
Thank you again, Mr. Chairman, for your work on this. I know that you
definitely set the table for further tax reform, which is desperately
needed here in our country, and know that it would be good for our
economy. Thank you for what you have done. This has given folks back
home some clarity and certainty for this year.
Mr. LEVIN. Mr. Speaker, I yield 2 minutes to the gentleman from
Washington (Mr. McDermott), another distinguished member of our
committee.
Mr. McDERMOTT. Mr. Speaker, there is a fundamental issue with our
current policy on tax extenders.
I was a Ways and Means chairman in the State legislature and was told
by a very important businessman in the State of Washington once: I
don't care what rate you give me, tell me how long it is going to be;
how am I going to amortize this? I need to know the length of time.
This bill, so people really understand, lasts exactly 28 days. It
will die on January 1. It is for last year.
Now, businesses and individuals can't be certain they are going to
get a tax break because of the stop-and-start, temporary nature of
Congress reauthorizing these tax bills. Businesses and individuals need
to know what the tax is going to be in the beginning of the year so
that they can plan and take advantage of incentives rather than waiting
until the last 2 weeks of the year when the Congress may or may not
act.
This year, businesses that want to take advantage of the research tax
credit have either been sitting on the sidelines or making investments
or not making investments not knowing, or maybe they gambled and said:
Well, we figure that Congress will do something some day.
Everyone should take note of today, the 3rd of December. Next year,
right about this time, we will be right back here with the same bill--
we can have the same speeches put right out here--because we simply do
not give businesses certainty. If we did, we would have the economy
rolling better.
Individuals and businesses are going into this year wondering whether
they will have to act retroactively on these provisions. I am going to
vote ``yes'' like everybody else, but it makes no sense that you have a
bill like this 28 days before the end of the year. You have got the IRS
wondering if they are going to be able to do the tax stuff and all of
this chaos that is created. There are calls coming into our office: Are
you going to pass this? Are you going to pass that? What should I do
for next year? The answer that a Congressman has to give if he is
honest is, ``I don't know.''
This place is dysfunctional. It may be some of the explanation of why
people didn't vote in the last election. They figured that Congress
isn't going to do anything, and this is a perfect example of it. We
should have done it a long time ago, and done it permanently.
Mr. CAMP. Mr. Speaker, at this time, I yield such time as he may
consume to the distinguished gentleman from Wisconsin (Mr. Ryan), the
chairman of the Budget Committee and the incoming chairman of the Ways
and Means Committee.
Mr. RYAN of Wisconsin. Mr. Speaker, I thank the chair.
The reason I came down here is to speak in favor of this legislation,
to suggest that I wish we could have gotten where we were with the
bipartisan negotiations that occurred before White House involvement.
This is obviously something that is necessary that has to pass.
But here is the reason that I came down. I came down to say thank you
to Dave Camp for being an absolutely stellar chairman of the House Ways
and Means Committee. This is a man who spent 24 years in this room
making a difference in the lives of the people from Michigan and the
lives of the 300 million Americans in this country. This country is so
much better off because of the dedicated service of this man, the
chairman of the Ways and Means Committee. He came in at a young age,
reforming a lot of different programs, but one of the biggest marks he
made in his early days in Congress is welfare reform.
Dave Camp was one of the principal architects of that 1996 welfare
reform, which did so much to move people from welfare to work, to
reduce child poverty, to help single moms get back to work, to get
people lives of dignity. And he went from there to trade, to tax
reform, to health care reform, on and on and on.
I only hope that I can do somewhat of the job that he has done in
being a stellar steward of this magnificent committee and being a
fantastic chairman. Mr. Speaker, I simply wish him great success in his
future endeavors.
Mr. LEVIN. Mr. Speaker, I yield 2 minutes to the gentleman from
Oregon (Mr. Blumenauer), another distinguished member of our committee.
Mr. BLUMENAUER. Mr. Speaker, I, too, would extend my congratulations
to Mr. Camp. I have enjoyed being able to work with him for a lot of
these 20 years. I enjoy his leadership, his dedication, and his
friendship. In a sense, I feel that it was unfortunate that he had to
navigate all these bizarre, choppy waters. It would have been fun to
[[Page 16517]]
see what would have happened in a little more measured environment.
The legislation we are dealing with here today is kind of a symbol of
the difficulty he faces and the frustrations we all met. This should be
the first legislation that we deal with in the next Congress, not the
last legislation we deal with now.
It has been referenced that this is only going to be in effect for a
few days. Look at what has happened when we deal with areas that I care
deeply about. I have worked for years with short-line railroad
interests. They rely on a tax credit to be able to make a difference in
rural and small town America. Some of them are plunging in and have
taken the risk that will be extended, some have not. These are
investments that can't be made in that fashion.
I have enjoyed working with the wind energy industry and looking at
what we have done over the course of 2005 to 2012. When we had the
production tax credit in place and there was some certainty, we had the
wind industry grow nine times over, over $100 billion in investment and
helping us generate clean energy and drop the price per unit
profoundly. Now who knows what they are facing.
Looking at the transit benefit, I was pleased to have worked to be
able to give transit parity to the millions of Americans who take buses
and trains to work, to treat them the way we treat people who drive a
car. For 3 years, they were treated that way. And then Congress, after
the change in power had dropped to $125 a month, and then we kind of
got it back when we dealt with the fiscal cliff, now it is back to
$130. It is not fair to people in Chicago, in Detroit, in Metropolitan
Washington, in New Jersey, in small town America where they take
advantage of this. It is another example of where we are in this
squirrel cage.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. LEVIN. Mr. Speaker, I yield an additional minute to the
gentleman.
Mr. BLUMENAUER. Mr. Speaker, I thank the gentleman. I appreciate his
courtesy.
I am to the point where I don't actually know what is the right vote.
I have no doubt that it will pass, but is it the right signal to send
for so many industries that have a right to expect certainty, that have
a right to expect the things that they have relied upon for years,
built their business models around, are treated in the cavalier fashion
by this Congress? I don't think that is right.
I think there are many areas of reform. I appreciate my friend Mr.
Camp diving in and dealing with some of these tough issues. We had a
demonstration that it is not going to be easy to deal with tax reform.
But it is not going to help anybody for the long term or short term to
have businesses roll the dice on things in many cases that are critical
to the national interest and that they rely upon. They deserve better,
and so does the American public.
{time} 1645
Mr. CAMP. Mr. Speaker, I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield 2 minutes to the gentleman from
Wisconsin (Mr. Kind), another member of our committee.
Mr. KIND. I thank my friend for yielding.
Mr. Speaker, this may be one of the last times I have an opportunity
to address the current chairman of the Ways and Means Committee, Mr.
Camp from Michigan, and I just want to commend him for such a
distinguished career in the United States Congress. He has been an
honest broker on the issues, a good friend, and I know all of us are
going to miss him terribly when he decides to retire and go on to other
ventures in his life. We all wish him well.
Mr. Speaker, I think all of us, it is safe to assume, are not happy
with this process or the fact that we are here again at the end of the
year trying to do a 1-year extension on tax breaks that will be
retroactive to 2014, mind you, and not paid for. This is a lousy way to
run a Tax Code. It is a lousy way to run a government. I think
individuals and businesses, large and small, need greater certainty for
the decisions they have got to make with their lives and their
businesses, especially the investment decisions; and by doing things
retroactively around here and maintaining that uncertainty in future
years, it is not the right way to go. And, also, not paying for it.
I think there are opportunities. Certainly the Committee for a
Responsible Federal Budget laid out a whole list of potential pay-fors
that, if we had real interest, we could have very easily scrubbed the
Code to find some offsets to pay for the $40 billion cost that this 1-
year extension has today, rather than just adding it to the debt and
deficit in our country. We have got to do a better job at that.
But if this also means we have an opportunity moving into next year
of being serious about comprehensive tax reform, something that is long
overdue--again, with the leadership of the Ways and Means Committee and
Mr. Camp and introducing his discussion draft proposal earlier this
year, so a lot of a groundwork has been made--then this might be the
pressure that we need to get the committee and this body to do what is
long overdue, and that is reform an antiquated Tax Code to make it more
fair, more simple, to make it more competitive in the global
environment.
I think that is a goal that, again, hopefully, we share, and it might
be an avenue of bipartisan cooperation as we do move forward.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. LEVIN. Mr. Speaker, I yield the gentleman an additional 1 minute.
Mr. KIND. Thank you.
Mr. Speaker, I continuously hear from small business owners and
farmers back home about the need for greater certainty and the need to
revamp a Tax Code that has outlived its usefulness. It is riddled with
inefficiencies. It is riddled with certain expenditures that have been
included in it throughout the years due to powerful special interests
who know how to work the Halls of Congress to get their special
provisions in it, and who we are leaving behind are hardworking
families back home and the small businesses on Main Street who can't
hire their legion of lobbyists out here to protect their interests or
to get their special provisions in.
So as we move forward, hopefully this will be one of those areas
where we can find some common ground and do what is right for our
Nation. That would help jump-start the U.S. economy and put us in a
much more competitive place, when it comes to the global economy, at
the same time.
I reluctantly support it. I think we could have done a better job.
But I think it is also important for policy reasons to maintain these
tax provisions until we get a chance to do comprehensive reform around
here.
Mr. CAMP. Mr. Speaker, I continue to reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield 2 minutes to the gentleman from New
Jersey (Mr. Pascrell), another distinguished member of our committee.
(Mr. PASCRELL asked and was given permission to revise and extend his
remarks.)
Mr. PASCRELL. Thank you, Mr. Ranking Member, and thank you, Mr.
Chairman. I listened to both sides, and you have given me the reasons
that I am going to be opposed to this legislation.
For the past 4 years, the Ways and Means Committee has debated
comprehensive tax reform. Sadly, the fruit of that discussion before us
is a 1-year retroactive extension of a temporary tax provision. This is
an illusion. This is a Fellini movie we are seeing on a late afternoon
in Washington, D.C. It is completely unpaid for. It gives no certainty
to businesses or individuals because it expires 1 month from today.
Unlike today's bill, Chairman Camp's tax reform draft dealt with many
expiring tax provisions in a courageous way. We were dealing with wind
credits, R&D tax credits, mortgage debt forgiveness, all the way down
the line, as well as the mortgage principal extension, which is needed
for people who have had catastrophic problems within their own States.
This is an example of
[[Page 16518]]
what a responsible approach to extenders looks like.
This bill before us today is wholly inadequate. Not only does it add
billions of dollars to the deficit, we kick the can down the road by
only dealing with extenders in a retroactive manner. In other words,
this money has been spent over the last 11 months, hopefully, getting
to the point where we would pay for it. That is not the way to run the
show, and you know that only puts us deeper into uncertainty and
certainly deeper into debt.
Does anyone believe the 2 weeks these provisions will be in effect
will encourage any business to make decisions about whether to hire
more workers or invest in alternative energy or research, new equipment
for small businesses or development in disadvantaged communities?
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. LEVIN. Mr. Speaker, I yield the gentleman an additional 1 minute.
Mr. PASCRELL. Thank you.
I am not finished yet, but I want to say to Mr. Camp, you have been a
civil voice that will be missed in this hallowed Hall. And I mean that
sincerely from my heart, because civil discussion is necessary in the
House of Representatives.
Many times, in other places, it has not been civil. It will do
nothing to encourage this legislation, this new development in
renewable energy.
I want to be clear. I strongly support, my record will show, many of
these tax provisions. I want to work with colleagues on the other side
and my own side to make many of them permanent.
While this approach may help taxpayers and businesses who made
decisions assuming Congress would act responsibly, it is not in the
country's long-term interest, Mr. Speaker. At a bare minimum, Congress
should be extending these provisions until the end of 2015 in a
fiscally responsible way.
Mr. Speaker, I unfortunately must oppose this legislation, the so
called ``Tax Increase Prevention Act.'' For the past four years, the
Ways and Means Committee has debated comprehensive tax reform. Sadly,
the fruit of that discussion before us is a one-year, retroactive
extension of temporary tax provisions, completely unpaid for, and that
gives no certainty to businesses or individuals because it expires one
month from today.
It didn't have to be this way. Earlier this year, Chairman Camp
released an ambitious proposal for a comprehensive reform of our tax
code. I did not agree with everything in that proposal, and neither did
many of my friends on the other side of the aisle. But I was confident
that both sides could use Chairman's Camp's draft as a starting point
to come together around a reform plan that would finally address the
many loopholes and inefficiencies in our tax code.
Mr. Camp's draft also dealt with the many expiring tax provisions
before us today in a courageous way. He resisted the temptation to
assume these breaks would be indefinitely extended and added to the
deficit. Instead, he made permanent the ones he wanted to keep and paid
for them, while separately identifying ones he would let expire. This
is an example of what a responsible approach to extenders looks like.
Unfortunately, what happened next could not have been less reflective
of Mr. Camp's earlier work.
Before the ink had even dried on Chairman Camp's tax reform
draft, the majority of Ways and Means began passing permanent
extensions of nearly $1 trillion in tax provisions and did
not even make an attempt to pay for one dime of them. This
approach is the height of irresponsibility and has squandered
any good will that had been developed during the years of
debate over tax reform.
This bill before us today is wholly inadequate. Not only does it add
to the deficit and kick the can down the road, but by only dealing with
extenders in a retroactive manner, it will not even encourage any
business investment in the future. Does anyone really believe that the
two weeks these provisions will be in effect will really encourage any
business make decisions about whether to hire more workers, or invest
in alternative energy, research and development, new equipment for
small businesses or development in disadvantaged communities?
A retroactive extension will do nothing for commuters in New Jersey,
who have been denied parity in their transit benefits for the last 11
months and will now be denied them again next year. It will do nothing
to encourage new development in renewable energy, including offshore
wind in my home state, as developers will have no certainty at all that
the critical tax credits in this bill will be there for them next year.
I want to be clear: I strongly support many of these tax provisions,
and I want to work with my colleagues on the other side of the aisle to
make many of them permanent. However, while this bare minimum approach
might help taxpayers and businesses who made decisions assuming
Congress would act responsibly, it is not in the country's long-term
interest. At a bare minimum, Congress should be extending these
provisions until the end of 2015, in a fiscally responsible way, and
then get back to work on real, permanent tax reform that ends this
destructive cycle of expiring and renewing temporary tax policy once
and for all.
Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
I just want to say to my friend from New Jersey, I agree with you on
the need for certainty. We have heard today a lot of common discussion
about the need for certainty in our Tax Code and how difficult it is to
be the only country in the world that let's tax policy expire and what
that means for families and employers. But in terms of the concerns you
raise about the deficit, as the gentleman well knows, these measures
have never been offset. These measures have never been paid for,
whether it was a Republican majority or a Democrat majority. Whether it
was a Republican President or a Democrat President, these provisions
have never been paid for.
I would just say to the gentleman and to the Members of this body,
why do we need to raise taxes on somebody to keep taxes the same? What
we are doing is continuing current policy. In many cases, like R&D, it
has been continued since 1981. Let's call it what it is.
If we are continuing something in a piecemeal fashion every few
years, let's just make it permanent so we can get the benefits of those
provisions in terms of reliability and certainty, as the gentleman
raised, so that the small businesses all throughout the country can
actually plan and expect that these items will be in place.
I share the concerns that have been raised by a number of speakers.
Here we are at the end of 2014, retroactively putting in policies for
the whole year.
I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Danny K. Davis) another member of our committee.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, this 1-year retroactive
extension is not ideal. It is not the best that we should or could do.
It does little to provide certainty to individuals and businesses for
2015. My constituent, Mary Jo, still will not know whether she can give
money from her IRA to a Chicago charity without tax liability in 2015,
nor does my constituent, Henry, know if he can receive enhanced tax
benefits for donating food to the Chicago Food Depository.
Further, I am deeply disappointed that this bill fails to extend the
Trade Adjustment Assistance for health care workers laid off through no
fault of their own. However, I believe that this bill may be our only
option for this year to provide these tax benefits for 2014 and to
ensure the taxpayers can begin filing their taxes and receiving their
refunds early next year. There are many provisions included that are
critical to Chicago and Illinois, and that must be covered in 2014.
This is not the best bill, but it is a necessary bill. I look forward
to working in a bipartisan way to ensure comprehensive permanent
reforms to the Tax Code that help all Americans, including provisions
that help the lowest income workers, such as the earned income tax
credit and enhanced child tax credit.
I end, Mr. Speaker, by commending Chairman Camp.
Mr. Camp, I commend you on your efforts to bring comprehensive tax
reform to the forefront, and I wish you well as you finish out a very
distinguished career in the people's House. Sir, I salute you.
Mr. CAMP. Mr. Speaker, I continue to reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
You are never sure what is going to happen the next day around here,
so I
[[Page 16519]]
am not sure if this is the last time you will be presenting a bill--
something could come up next week--but let me assume that it is for
just a moment and speak on a personal basis if I might. I hope the
speaker won't cut me off. You are not supposed to talk to each other,
so I will try to speak to you while I speak to the chair. I will try to
do both.
Around here we can question each other's positions. In a sense, that
is why we are here. Dave Camp leaves here having participated in a
discussion of substance and questioning each other's positions in a way
to try to come forth with legislation. But I think, in a rather unique
way, our chairman has been able to do that with complete integrity,
with complete seriousness--now and then a sense of humor, but complete
seriousness--and the ability to question within a framework of some
friendship.
So if this is your last management of a bill, I simply want to say
for myself and, more importantly, I think, for this institution, if I
might, that your decision to leave here means that you are leaving with
your head so high and with, I hope, a feeling of real accomplishment
and complete integrity and seriousness about your work. I am sure that
your constituents are very proud to have voted for you 12 times. That
was a commendable dozen.
So with some feeling of gratitude for having been able to serve with
you, Dave, I yield back the balance of my time.
Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
I want to thank my friend, colleague, and partner on the Ways and
Means Committee from Michigan for those very gracious and kind remarks.
I think the Ways and Means Committee is the best committee in
Congress. We have a lot of bills that come to us. We have a lot of hard
decisions. There is a lot of discussion. As you know, this is a big
country and there are a lot of different opinions, but we always try to
find a way to at least do that in a manner that is productive for the
people we represent and that sent us here.
I want to thank you for the ability to work with you over these last
few years. Maybe I should have turned that 12 into a baker's dozen,
with all the kind remarks that have been said here today. I just want
thank you and thank the members of the committee and staff on both
sides of the aisle.
One of the things that is required in a committee like Ways and
Means, with all of the responsibilities, is a staff that is able to
work together as well.
{time} 1700
So they help make us do the job well. They help keep us informed and
really help make all the things that we do come together, including
items like this legislation today so, thank you.
I would just urge passage of H.R. 5771, what we call the extenders
bill, or the Tax Increase Prevention Act of 2014.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 766, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. NEAL. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. NEAL. I am opposed to the bill in its current form, Mr. Speaker.
Mr. CAMP. Mr. Speaker, I reserve a point of order against the motion
to recommit.
The SPEAKER pro tempore. A point of order is reserved.
The Clerk will report the motion to recommit.
The Clerk read as follows:
Mr. NEAL moves to recommit the bill H.R. 5771 to the
Committee on Ways and Means with instructions to report the
same back to the House forthwith with the following
amendment:
Add at the end of title I the following (and conform the
table of contents accordingly):
Subtitle E--No Government Subsidies for Corporations That Move Their
Headquarters Overseas to Avoid Paying Taxes
SEC. 191. TAX BENEFITS DISALLOWED IN CASE OF INVERTED
CORPORATIONS.
(a) In General.--In the case of a taxpayer which is, or is
a member of an expanded affiliated group which includes, an
applicable inverted corporation, the Internal Revenue Code of
1986 shall be applied and administered as if the provisions
of, and amendments made by, this title (other than this
subtitle) had never been enacted.
(b) Applicable Inverted Corporations.--
(1) In general.--For purposes of this section, the term
``applicable inverted corporation'' means any foreign
corporation which--
(A) would be a surrogate foreign corporation under
subsection (a)(2) of section 7874 of the Internal Revenue
Code of 1986 if such subsection were applied by substituting
``80 percent'' for ``60 percent'', or
(B) is an inverted domestic corporation.
(2) Inverted domestic corporation.--For purposes of this
subsection, a foreign corporation shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
(A) the entity completes after May 8, 2014, the direct or
indirect acquisition of--
(i) substantially all of the properties held directly or
indirectly by a domestic corporation, or
(ii) substantially all of the assets of, or substantially
all of the properties constituting a trade or business of, a
domestic partnership, and
(B) after the acquisition, either--
(i) more than 50 percent of the stock (by vote or value) of
the entity is held--
(I) in the case of an acquisition with respect to a
domestic corporation, by former shareholders of the domestic
corporation by reason of holding stock in the domestic
corporation, or
(II) in the case of an acquisition with respect to a
domestic partnership, by former partners of the domestic
partnership by reason of holding a capital or profits
interest in the domestic partnership, or
(ii) the management and control of the expanded affiliated
group which includes the entity occurs, directly or
indirectly, primarily within the United States, and such
expanded affiliated group has significant domestic business
activities.
(3) Exception for corporations with substantial business
activities in foreign country of organization.--A foreign
corporation described in paragraph (2) shall not be treated
as an inverted domestic corporation if after the acquisition
the expanded affiliated group which includes the entity has
substantial business activities in the foreign country in
which or under the law of which the entity is created or
organized when compared to the total business activities of
such expanded affiliated group. For purposes of applying
section 7874(a)(2)(B)(iii) of the Internal Revenue Code of
1986 and the preceding sentence, the term ``substantial
business activities'' shall have the meaning given such term
under Treasury regulations in effect on May 8, 2014, except
that the Secretary of the Treasury may issue regulations
increasing the threshold percent in any of the tests under
such regulations for determining if business activities
constitute substantial business activities for purposes of
this paragraph.
(4) Management and control.--For purposes of paragraph
(2)(B)(ii)--
(A) In general.--The Secretary of the Treasury shall
prescribe regulations for purposes of determining cases in
which the management and control of an expanded affiliated
group is to be treated as occurring, directly or indirectly,
primarily within the United States. The regulations
prescribed under the preceding sentence shall apply to
periods after May 8, 2014.
(B) Executive officers and senior management.--Such
regulations shall provide that the management and control of
an expanded affiliated group shall be treated as occurring,
directly or indirectly, primarily within the United States if
substantially all of the executive officers and senior
management of the expanded affiliated group who exercise day-
to-day responsibility for making decisions involving
strategic, financial, and operational policies of the
expanded affiliated group are based or primarily located
within the United States. Individuals who in fact exercise
such day-to-day responsibilities shall be treated as
executive officers and senior management regardless of their
title.
(5) Significant domestic business activities.--For purposes
of paragraph (2)(B)(ii), an expanded affiliated group has
significant domestic business activities if at least 25
percent of--
(A) the employees of the group are based in the United
States,
(B) the employee compensation incurred by the group is
incurred with respect to employees based in the United
States,
(C) the assets of the group are located in the United
States, or
(D) the income of the group is derived in the United
States,
determined in the same manner as such determinations are made
for purposes of determining substantial business activities
under
[[Page 16520]]
regulations referred to in paragraph (3) as in effect on May
8, 2014, but applied by treating all references in such
regulations to ``foreign country'' and ``relevant foreign
country'' as references to ``the United States''. The
Secretary of the Treasury may issue regulations decreasing
the threshold percent in any of the tests under such
regulations for determining if business activities constitute
significant domestic business activities for purposes of this
paragraph.
(c) Definitions.--For purposes of this section, the terms
``domestic corporation'', ``foreign corporation'', and
``expanded affiliated group'' shall each have the same
meaning as when used in section 7874 of the Internal Revenue
Code of 1986.
Mr. NEAL (during the reading). Mr. Speaker, I ask unanimous consent
that we dispense with the reading of the motion.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
The SPEAKER pro tempore. The gentleman from Massachusetts is
recognized for 5 minutes.
Mr. NEAL. Mr. Speaker, I am opposed to this bill in its current form,
and I want to remind colleagues that this amendment to the bill will
not kill the bill, nor will it send it back to committee, and, in fact,
if adopted, we will immediately proceed to final passage.
Mr. Speaker, we are here today debating this faulty effort for one
reason and one reason only: the failure fundamentally to change the Tax
Code.
Now, let me say to my friends, the praise delivered on behalf of Mr.
Camp is well-earned. But I also want to say something today. We all
love to say, ``I hate to say I told you so,'' but we really like to
say, ``I told you so.''
I told you so. The staff would be rich if they took that bet that I
offered not long ago on the very floor of this House.
Now, Mr. Camp, the wily sorcerer of tax policies that he is, he
employed every bit of magic at his disposal to bring forth tax reform.
He put together a great model and, for 3 years, without the glare of
publicity, we actually had an adult conversation between the parties,
principals and the stakeholders, who listened carefully to what
everyone had to say.
Unfortunately, the Republican leadership was not spellbound by the
sorcerer's good deeds. When he was pleased to release his tax proposal,
the leadership of the Republican side said, Blah, blah, blah.
Well, one blah in support of continuing uncertainty for the American
family and for business; two blahs, or a second blah, for cutting
economic growth and business investment; and finally, a third blah to
the lowest worker participation rate in 36 years.
Seven to 8 million Americans still looking for work, but we can't do
tax reform.
The last time we reformed our code, the Internet didn't exist, but we
can't do tax reform.
Economic growth at 2 percent, but we can't do tax reform.
Forty percent of the Business Roundtable's major alliances said this
week they plan on hiring new employees. That means 60 percent don't--
but we can't do tax reform.
Thirteen percent of these companies said they are committing to
investing in buying new equipment, but that means 87 percent are not.
Our inaction on tax reform is harming this economy, and it is not Mr.
Camp's fault. Rather than working on this bill and staying with it,
with wage stagnation, low worker participation rate, depressed business
investment, instead of addressing these problems, we are debating a
bill that, once the President signs it, we will immediately see it as
being outdated, and we are going to start the process all over again,
maybe in just a couple of days.
What we have before us, in terms of process, is the pinnacle of
congressional nonsense. This bill does not incentivize companies to
invest more; no more for research. We are rewarding companies for their
past behavior.
You cannot find any economist with credibility that will suggest that
retroactivity in the Tax Code is sound policy.
Pick up the newspaper and you are going to find very quickly that, as
we released this draft, over that same period of time, more companies
inverted. The sound of the dam breaking is all around us.
Recent reports have stated that the United States stands to lose $2
billion next year alone, and since the first inversion in 1982, we have
lost more than $9 billion. Sadly, these inversions are a part of an
epidemic that started a decade ago.
CRS points out that at least 47 companies have inverted since the
beginning of the last year, 19 inversion deals are still pending, and
14 more are sure to come in the coming year alone.
The Joint Committee on Taxation says now it is costing us $33.6
billion in lost tax revenue because of our inability to deal with
corporate tax inversions.
I understand the argument about tax avoidance versus tax evasion. We
have done a reasonably good job at cracking down on Switzerland and
Liechtenstein and other places, but we need to address this question of
Bermuda and these other tax havens where corporate residents of America
pay their fair share, and those who invert to escape taxes--while,
incidentally, we are engaged militarily across the globe with a
substantial bill--they feel as though they don't have to deliver
anything.
Now, my motion to recommit today is very simple. Those companies that
have inverted cannot take advantage of the very tax benefits that we
are going to vote upon in a few minutes, which, by the way, I favor
extending. If you have inverted, you should not be allowed the same
credits and deductions and exclusions that American businesses who have
stayed here dutifully, respectfully, and with great patriotic fervor
continue to pay.
I don't understand, for the life of me, why Republicans can't support
doing something about corporate tax inversions.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CAMP. Mr. Speaker, I withdraw my point of order.
The SPEAKER pro tempore. The reservation is withdrawn.
Mr. CAMP. Mr. Speaker, I seek time in opposition.
The SPEAKER pro tempore. The gentleman from Michigan is recognized
for 5 minutes.
Mr. CAMP. Mr. Speaker, I would just say, in brief, there is nothing
in this motion to recommit that addresses the issues raised by my
friend from Massachusetts. The problems the gentleman identified are
not dealt with at all here.
Does this motion to recommit increase investment, create jobs, and
raise wages?
Does this motion to recommit create certainty in what is an uncertain
Tax Code with this process?
It doesn't. What this does is make our Tax Code more complex, makes
American workers and American employers less competitive, and it will
actually hurt our economy and stifle growth.
I urge a ``no'' vote on this motion to recommit, and I yield back the
balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. NEAL. 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 the motion to recommit will be followed by
5-minute votes on the question of passage, if ordered, and passage of
H.R. 647.
The vote was taken by electronic device, and there were--yeas 197,
nays 223, not voting 14, as follows:
[Roll No. 543]
YEAS--197
Adams
Barber
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
[[Page 16521]]
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Duncan (TN)
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Matheson
Matsui
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Waters
Waxman
Welch
Wilson (FL)
Yarmuth
NAYS--223
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barton
Benishek
Bentivolio
Bilirakis
Black
Blackburn
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Byrne
Calvert
Camp
Campbell
Carter
Cassidy
Chabot
Chaffetz
Clawson (FL)
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McAllister
McCarthy (CA)
McClintock
McHenry
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)
NOT VOTING--14
Aderholt
Bishop (UT)
Capito
Capuano
Doyle
Duckworth
Hall
McCarthy (NY)
McCaul
McKeon
Miller, Gary
Negrete McLeod
Southerland
Wasserman Schultz
{time} 1737
Messrs. PEARCE, BARR, BACHUS, YOHO, BRIDENSTINE, and Ms. GRANGER
changed their vote from ``yea'' to ``nay.''
Ms. EDWARDS and Mr. WAXMAN changed their vote from ``nay'' to
``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. BRADY of Texas. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 378,
noes 46, not voting 10, as follows:
[Roll No. 544]
AYES--378
Adams
Amodei
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Bass
Beatty
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Black
Blackburn
Bonamici
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Camp
Campbell
Capito
Capps
Cardenas
Carney
Carson (IN)
Carter
Cartwright
Cassidy
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu
Cicilline
Clark (MA)
Cleaver
Clyburn
Coble
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Conyers
Cook
Costa
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Daines
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Duncan (TN)
Edwards
Ellmers
Engel
Enyart
Eshoo
Esty
Farenthold
Farr
Fattah
Fincher
Fitzpatrick
Fleischmann
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gardner
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Granger
Graves (GA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Gutierrez
Hahn
Hanabusa
Hanna
Harper
Hartzler
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Himes
Hinojosa
Holding
Holt
Honda
Horsford
Hoyer
Hudson
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurt
Israel
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Joyce
Kaptur
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
LaMalfa
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
Latta
Levin
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matheson
Matsui
McAllister
McCarthy (CA)
McCaul
McCollum
McDermott
McGovern
McHenry
McIntyre
McKinley
McMorris Rodgers
McNerney
Meehan
Meeks
Meng
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, George
Moore
Moran
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Neal
Neugebauer
Noem
Nolan
Norcross
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Pastor (AZ)
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Petri
Pingree (ME)
Pittenger
Pitts
Poe (TX)
Posey
Price (GA)
Price (NC)
Quigley
Rahall
Rangel
Reed
Reichert
Renacci
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schiff
Schneider
Schock
Schrader
Schwartz
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
[[Page 16522]]
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Speier
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Terry
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tierney
Tipton
Titus
Tonko
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Wagner
Walberg
Walden
Walorski
Walz
Wasserman Schultz
Waters
Waxman
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Williams
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IN)
NOES--46
Amash
Becerra
Blumenauer
Broun (GA)
Clarke (NY)
Clawson (FL)
Clay
Cooper
Cotton
Duffy
Duncan (SC)
Ellison
Fleming
Garrett
Gowdy
Grijalva
Harris
Hastings (FL)
Huelskamp
Jones
Jordan
Labrador
Lamborn
Lankford
Lee (CA)
Lewis
Lummis
McClintock
Meadows
Mulvaney
Napolitano
O'Rourke
Pallone
Pascrell
Pocan
Polis
Pompeo
Ribble
Sanford
Schakowsky
Shuster
Stockman
Thompson (CA)
Visclosky
Welch
Whitfield
NOT VOTING--10
Aderholt
Bishop (UT)
Capuano
Doyle
Duckworth
Hall
McCarthy (NY)
McKeon
Miller, Gary
Negrete McLeod
{time} 1745
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
ACHIEVING A BETTER LIFE EXPERIENCE ACT OF 2014
The SPEAKER pro tempore (Mr. Sessions). The unfinished business is
the vote on passage of the bill (H.R. 647) to amend the Internal
Revenue Code of 1986 to provide for the tax treatment of ABLE accounts
established under State programs for the care of family members with
disabilities, and for other purposes, on which the yeas and nays were
ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the passage of the bill.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 404,
nays 17, not voting 13, as follows:
[Roll No. 545]
YEAS--404
Adams
Amodei
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Bass
Beatty
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Black
Blackburn
Blumenauer
Bonamici
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Brat
Brooks (AL)
Brooks (IN)
Broun (GA)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Camp
Campbell
Capito
Capps
Cardenas
Carney
Carson (IN)
Carter
Cartwright
Cassidy
Castor (FL)
Chabot
Chaffetz
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coble
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Cotton
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Daines
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers
Engel
Enyart
Eshoo
Esty
Farenthold
Farr
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Gutierrez
Hahn
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Himes
Hinojosa
Holding
Holt
Honda
Horsford
Hoyer
Hudson
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurt
Israel
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jordan
Joyce
Kaptur
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Labrador
LaMalfa
Lamborn
Lance
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
Latta
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matheson
Matsui
McAllister
McCarthy (CA)
McCaul
McClintock
McCollum
McGovern
McHenry
McIntyre
McKinley
McMorris Rodgers
McNerney
Meadows
Meehan
Meeks
Meng
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, George
Moran
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Nadler
Neal
Neugebauer
Noem
Nolan
Norcross
Nugent
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pelosi
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Petri
Pingree (ME)
Pittenger
Pitts
Polis
Pompeo
Posey
Price (GA)
Price (NC)
Quigley
Rahall
Rangel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schiff
Schneider
Schock
Schrader
Schwartz
Schweikert
Scott (VA)
Scott, Austin
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Speier
Stewart
Stivers
Stockman
Stutzman
Swalwell (CA)
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tierney
Tipton
Titus
Tonko
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walorski
Walz
Waters
Waxman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IN)
NAYS--17
Amash
Becerra
Bridenstine
Garamendi
Grijalva
Huelskamp
Jones
McDermott
Moore
Napolitano
Pocan
Ruiz
Sanford
Schakowsky
Scott, David
Takano
Wasserman Schultz
NOT VOTING--13
Aderholt
Bishop (UT)
Capuano
Castro (TX)
Doyle
Duckworth
Hall
McCarthy (NY)
McKeon
Miller, Gary
Negrete McLeod
Pearce
Poe (TX)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1755
Mr. GARAMENDI changed his vote from ``yea'' to ``nay.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. POE of Texas. Mr. Speaker, on rollcall No. 545, H.R. 647, had I
been present, I would have voted ``yes.''
Mr. CASTRO of Texas. Mr. Speaker, my vote was not recorded on
rollcall No. 545 on H.R. 647--ABLE Act of 2014. I was present for the
vote but not recorded due to a mechanical problem with my voting card.
I am a cosponsor of this legislation and I intended to vote ``aye.''
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore (Mr. Perry). The Chair will remind all
persons in the gallery that they are here as guests of the House and
that any manifestation of approval or disapproval of proceedings is in
violation of the rules of the House.
[[Page 16523]]
____________________
COMMUNICATION FROM THE HONORABLE SCOTT PERRY, MEMBER OF CONGRESS
The SPEAKER pro tempore laid before the House the following
communication from the Honorable Scott Perry, Member of Congress:
Congress of the United States,
House of Representatives,
December 1, 2014.
Hon. John A. Boehner,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally pursuant
to Rule VIII of the Rules of the House of Representatives
that I have been served with a subpoena, issued by the United
States Army, seeking documents for use by the prosecution in
a court-martial. The subpoena seeks documents in my custody
and control that relate to various communications, dated in
2008, between a constituent and the office of former U.S.
Representative Todd Platts.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Scott Perry,
Member of Congress.
____________________
AUTHORIZING THE USE OF EMANCIPATION HALL IN THE CAPITOL VISITOR CENTER
FOR A CEREMONY TO PRESENT THE CONGRESSIONAL GOLD MEDAL TO THE WORLD WAR
II MEMBERS OF THE CIVIL AIR PATROL
Mr. GINGREY of Georgia. Mr. Speaker, I ask unanimous consent that the
Committee on House Administration be discharged from further
consideration of House Concurrent Resolution 120, and ask for its
immediate consideration in the House.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
The text of the concurrent resolution is as follows:
H. Con. Res. 120
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. USE OF EMANCIPATION HALL FOR CEREMONY TO PRESENT
CONGRESSIONAL GOLD MEDAL TO WORLD WAR II
MEMBERS OF CIVIL AIR PATROL.
Emancipation Hall in the Capitol Visitor Center is
authorized to be used on December 10, 2014, for a ceremony to
present the Congressional Gold Medal to the World War II
members of the Civil Air Patrol collectively, in recognition
of the military service and exemplary record of the Civil Air
Patrol during World War II. Physical preparations for the
conduct of the ceremony shall be carried out in accordance
with such conditions as the Architect of the Capitol may
prescribe.
The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.
____________________
{time} 1800
ADDING EBOLA TO THE FDA PRIORITY REVIEW VOUCHER PROGRAM ACT
Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the bill (S. 2917) to expand the program of priority
review to encourage treatments for tropical diseases, and ask for its
immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
The text of the bill is as follows:
S. 2917
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adding Ebola to the FDA
Priority Review Voucher Program Act''.
SEC. 2. PRIORITY REVIEW TO ENCOURAGE TREATMENTS FOR TROPICAL
DISEASES.
Section 524 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360n) is amended--
(1) in subsection (a)(3)--
(A) by redesignating subparagraph (Q) as subparagraph (R);
(B) by inserting after subparagraph (P) the following:
``(Q) Filoviruses.''; and
(C) in subparagraph (R), as so redesignated, by striking
``regulation by'' and inserting ``order of''; and
(2) in subsection (b)--
(A) in paragraph (2), by adding ``There is no limit on the
number of times a priority review voucher may be transferred
before such voucher is used.'' after the period at the end;
and
(B) in paragraph (4), by striking ``365 days'' and
inserting ``90 days''.
The bill was ordered to be read a third time, was read the third
time, and passed, and a motion to reconsider was laid on the table.
____________________
SUDDEN UNEXPECTED DEATH DATA ENHANCEMENT AND AWARENESS ACT
Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the bill (H.R. 669) to amend the Public Health Service
Act to improve the health of children and help better understand and
enhance awareness about unexpected sudden death in early life, with the
Senate amendments thereto, and concur in the Senate amendments.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will report the Senate amendments.
The Clerk read as follows:
Senate amendments:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudden Unexpected Death Data
Enhancement and Awareness Act''.
SEC. 2. CONTINUING ACTIVITIES RELATED TO STILLBIRTH, SUDDEN
UNEXPECTED INFANT DEATH AND SUDDEN UNEXPLAINED
DEATH IN CHILDHOOD.
(a) In General.--The Secretary of Health and Human Services
shall continue activities related to still birth, sudden
unexpected infant death, and sudden unexplained death in
childhood, including, as appropriate--
(1) collecting information, such as socio-demographic,
death scene investigation, clinical history, and autopsy
information, on stillbirth, sudden unexpected infant death,
and sudden unexplained death in childhood through the
utilization of existing surveillance systems and
collaborating with States to improve the quality,
consistency, and collection of such data;
(2) disseminating information to educate the public, health
care providers, and other stakeholders on stillbirth, sudden
unexpected infant death and sudden unexplained death in
childhood; and
(3) collaborating with the Attorney General, State and
local departments of health, and other experts, as
appropriate, to provide consistent information for medical
examiners and coroners, law enforcement personnel, and health
care providers related to death scene investigations and
autopsies for sudden unexpected infant death and sudden
unexplained death in childhood, in order to improve the
quality and consistency of the data collected at such death
scenes and to promote consistent reporting on the cause of
death after autopsy to inform prevention, intervention, and
other activities.
(b) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Health and
Human Services shall submit to Congress a report that
includes a description of any activities that are being
carried out by agencies within the Department of Health and
Human Services, including the Centers for Disease Control and
Prevention and the National Institutes of Health, related to
stillbirth, sudden unexpected infant death, and sudden
unexplained death in childhood, including those activities
identified under subsection (a).
SEC. 3. NO ADDITIONAL APPROPRIATIONS.
This Act shall not be construed to increase the amount of
appropriations that are authorized to be appropriated for any
fiscal year.
Amend the title so as to read: ``An Act to improve the
health of children and help better understand and enhance
awareness about unexpected sudden death in early life.''.
Mr. BILIRAKIS (during the reading). Mr. Speaker, I ask unanimous
consent that the reading of the Senate amendments be dispensed with.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentleman from Florida?
There was no objection.
A motion to reconsider was laid on the table.
____________________
HOUR OF MEETING ON TOMORROW
Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that when the
House adjourns today, it adjourn to meet at 9 a.m. tomorrow.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
[[Page 16524]]
There was no objection.
____________________
CONDEMNING THE ACTIONS OF THE RUSSIAN FEDERATION
Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and agree
to the resolution (H. Res. 758) strongly condemning the actions of the
Russian Federation, under President Vladimir Putin, which has carried
out a policy of aggression against neighboring countries aimed at
political and economic domination, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 758
Whereas the Russian Federation has subjected Ukraine to a
campaign of political, economic, and military aggression for
the purpose of establishing its domination over the country
and progressively erasing its independence;
Whereas the Russian Federation's invasion of, and military
operations on, Ukrainian territory represent gross violations
of Ukraine's sovereignty, independence, and territorial
integrity and a violation of international law, including the
Russian Federation's obligations under the United Nations
Charter;
Whereas the Russian Federation has, since February 2014,
violated each of the 10 principles of the 1975 Helsinki
Accords in its relations with Ukraine;
Whereas the Russian Federation's forcible occupation and
illegal annexation of Crimea and its continuing support for
separatist and paramilitary forces in eastern Ukraine are
violations of its obligations under the 1994 Budapest
Memorandum on Security Assurances, in which it pledged to
respect the independence and sovereignty and the existing
borders of Ukraine, and to refrain from the threat or use of
force against the territorial integrity or political
independence of Ukraine;
Whereas the Russian Federation has provided military
equipment, training, and other assistance to separatist and
paramilitary forces in eastern Ukraine that has resulted in
over 4,000 civilian deaths, hundreds of thousands of civilian
refugees, and widespread destruction;
Whereas the Ukrainian military remains at a significant
disadvantage compared to the armed forces of the Russian
Federation in terms of size and technological sophistication;
Whereas the United States strongly supports efforts to
assist Ukraine to defend its territory and sovereignty
against military aggression by the Russian Federation and by
separatist forces;
Whereas the terms of the cease-fire specified in the Minsk
Protocol that was signed on September 5, 2014, by
representatives of the Government of Ukraine, the Russian
Federation, and the Russian-led separatists in the eastern
area of Ukraine have been repeatedly violated by the Russian
Federation and the separatist forces it supports;
Whereas separatist forces in areas they controlled in
eastern Ukraine prevented the holding of elections on May 25,
2014, for a new President of Ukraine and on October 26, 2014,
for a new Rada, thereby preventing the people of eastern
Ukraine from exercising their democratic right to select
their candidates for office in free and fair elections;
Whereas on November 2, 2014, separatist forces in eastern
Ukraine held fraudulent and illegal elections in areas they
controlled for the supposed purpose of choosing leaders of
the illegitimate local political entities they have declared;
Whereas the Russian Federation continues to provide the
military, political, and economic support without which the
separatist forces could not continue to maintain their areas
of control;
Whereas the reestablishment of peace and security in
Ukraine requires the full withdrawal of Russian forces from
Ukrainian territory, the resumption of the Government of
Ukraine's control over all of the country's international
borders, the disarming of the separatist and paramilitary
forces in the east, an end to Russia's use of its energy
exports and trade barriers to apply economic and political
pressure, and an end to Russian interference in Ukraine's
internal affairs;
Whereas Malaysia Airlines Flight 17, a civilian airliner,
was destroyed by a missile fired by Russian-backed separatist
forces in eastern Ukraine, resulting in the loss of 298
innocent lives;
Whereas the Russian Federation continues to supply the vast
majority of arms purchases, which include anti-aircraft
missile systems and other lethal weapons, to the Bashar Assad
regime in Syria, a state sponsor of terrorism that is
actively backed by Hezbollah, a sophisticated terrorist group
hostile to the United States and its close allies;
Whereas the Russian Federation has protected the Assad
regime and backed its brutal assault against the Syrian
people;
Whereas the Russian Federation has used and is continuing
to use coercive economic measures, including the manipulation
of energy prices and supplies, as well as trade restrictions,
to place political and economic pressure on Ukraine;
Whereas France agreed to sell to the Russian Federation two
Mistral-class amphibious assault ships in 2011 for $1.7
billion;
Whereas Russian possession of these ships would be a
destabilizing addition to the Russian military, which would
likely have boosted its ability to invade Crimea;
Whereas given the Russian invasion of sovereign territory
of the Republic of Ukraine in Crimea and elsewhere and its
dangerous behavior throughout the region, France decided to
suspend delivery of the Mistral-class warships to the Russian
Federation;
Whereas purchase of the two Mistral-class warships by North
Atlantic Treaty Organization (NATO) countries would expand
NATO's capabilities, resolve France's legitimate concern over
the cost of the ships, and eliminate a potential threat to
countries in Eastern Europe;
Whereas the Russian Federation invaded the Republic of
Georgia in August 2008, continues to station military forces
in the regions of Abkhazia and South Ossetia, and is
implementing measures intended to progressively integrate
these regions into the Russian Federation, including by
signing a ``treaty'' between Georgia's Abkhazia Region and
the Russian Federation on November 24, 2014;
Whereas the Russian Federation continues to subject the
Republic of Georgia to political and military intimidation,
economic coercion, and other forms of aggression in an effort
to establish its control of the country and to prevent
Georgia from establishing closer relations with the European
Union and the United States;
Whereas the Russian Federation continues to station
military forces in the Transniestria region of Moldova in
violation of the express will of the Government of Moldova
and of its Organization for Security and Co-operation in
Europe (OSCE) commitments;
Whereas the Russian Federation continues to provide support
to the illegal separatist regime in the Transniestria region
of Moldova;
Whereas the Russian Federation continues to subject Moldova
to political and military intimidation, economic coercion,
and other forms of aggression in an effort to establish its
control of the country and to prevent efforts by Moldova to
establish closer relations with the European Union and the
United States;
Whereas the Russian Federation acceded to the Intermediate-
Range Nuclear Forces (INF) Treaty obligation of the Union of
Soviet Socialist Republics in a declaration issued at
Bishkek, Kyrgyzstan, in October 1992;
Whereas under the terms of the INF Treaty, a flight-test or
deployment of any INF-banned weapon delivery vehicle by the
Russian Federation constitutes a militarily significant
violation of the INF Treaty;
Whereas on April 2, 2014, the Commander, U.S. European
Command, and Supreme Allied Commander Europe, General
Breedlove, stated that, ``A weapon capability that violates
the INF, that is introduced into the greater European land
mass is absolutely a tool that will have to be dealt with. .
. I would not judge how the alliance will choose to react,
but I would say they will have to consider what to do about
it. . . It can't go unanswered.'';
Whereas on July 29, 2014, the United States Department of
State released its report on the Adherence to and Compliance
with Arms Control, Nonproliferation, and Disarmament
Agreements and Commitments, as required by Section 403 of the
Arms Control and Disarmament Act, for calendar year 2013,
which found that, ``[t]he United States has determined that
the Russian Federation is in violation of its obligations
under the INF Treaty not to possess, produce, or flight-test
a ground-launched cruise missile (GLCM) with a range
capability of 500 km to 5,500 km, or to possess or produce
launchers of such missiles'';
Whereas concerns also exist with respect to a new Russian
ballistic missile, the RS-26, which, according to reports,
has been tested on multiple occasions at intermediate ranges,
and in different configurations, which would be covered by
the interpretative statements the United States Senate relied
upon when it ratified the INF Treaty in May 1988;
Whereas the Russian Federation has requested the approval
of new sensors and new aircraft to be flown over the United
States and Europe as part of the Treaty on Open Skies, and
serious concerns have been raised regarding impacts to United
States national security if such approval is given;
Whereas on November 11, 2014, the Commander, U.S. European
Command, and Supreme Allied Commander Europe, General
Breedlove, stated that, Russian forces ``capable of being
nuclear'' are being moved to the Crimea Peninsula;
Whereas according to reports, the Government of the Russian
Federation has repeatedly engaged in the infiltration of, and
attacks on, computer networks of the United States
Government, as well as individuals
[[Page 16525]]
and private entities, for the purpose of illicitly acquiring
information and disrupting operations, including by
supporting Russian individuals and entities engaged in these
actions;
Whereas the political, military, and economic aggression
against Ukraine and other countries by the Russian Federation
underscores the enduring importance of the North Atlantic
Treaty Organization (NATO) as the cornerstone of collective
Euro-Atlantic defense;
Whereas the United States reaffirms its obligations under
the North Atlantic Treaty, especially Article 5 which states
that ``an armed attack against one or more'' of the treaty
signatories ``shall be considered an attack against them
all'';
Whereas the Russian Federation is continuing to use its
supply of energy as a means of political and economic
coercion against Ukraine, Georgia, Moldova, and other
European countries;
Whereas the United States strongly supports energy
diversification initiatives in Ukraine, Georgia, Moldova, and
other European countries to reduce the ability of the Russian
Federation to use its supply of energy for political and
economic coercion, including the development of domestic
sources of energy, increased efficiency, and substituting
Russian energy resources with imports from other countries;
Whereas the Russian Federation continues to conduct an
aggressive propaganda effort in Ukraine in which false
information is used to subvert the authority of the
legitimate national government, undermine stability, promote
ethnic dissension, and incite violence;
Whereas the Russian Federation has expanded the presence of
its state-sponsored media in national languages across
central and western Europe with the intent of using news and
information to distort public opinion and obscure Russian
political and economic influence in Europe;
Whereas expanded efforts by United States international
broadcasting across all media in the Russian and Ukrainian
languages are needed to counter Russian propaganda and to
provide the people of Ukraine and the surrounding regions
with access to credible and balanced information;
Whereas the Voice of America and Radio Free Europe/Radio
Liberty (RFE/RL), Incorporated continue to represent a
minority market share in Ukraine and other regional states
with significant ethno-linguistic Russian populations who
increasingly obtain their local and international news from
Russian state-sponsored media outlets;
Whereas the United States International Programming to
Ukraine and Neighboring Regions Act of 2014 (PL 113-96)
requires the Voice of America and RFE/RL, Incorporated to
provide programming content to target populations in Ukraine
and Moldova 24 hours a day, 7 days a week, including at least
8 weekly hours of total original video and television content
and 14 weekly hours of total audio content while expanding
cooperation with local media outlets and deploying greater
content through multimedia platforms and mobile devices; and
Whereas Vladimir Putin has established an increasingly
authoritarian regime in the Russian Federation through
fraudulent elections, the persecution and jailing of
political opponents, the elimination of independent media,
the seizure of key sectors of the economy and enabling
supporters to enrich themselves through widespread
corruption, and implementing a strident propaganda campaign
to justify Russian aggression against other countries and
repression in Russia, among other actions: Now, therefore, be
it
Resolved, That the House of Representatives--
(1) strongly supports the efforts by President Poroshenko
and the people of Ukraine to establish a lasting peace in
their country that includes the full withdrawal of Russian
forces from the territory of Ukraine, full control of
Ukraine's international borders, the disarming of separatist
and paramilitary forces in eastern Ukraine, the adoption of
policies to reduce the ability of the Russian Federation to
use energy exports and trade barriers as weapons to apply
economic and political pressure, and an end to interference
by the Russian Federation in the internal affairs of Ukraine;
(2) affirms the right of Ukraine, Georgia, Moldova, and all
countries to exercise their sovereign rights within their
internationally recognized borders free from outside
intervention, and to conduct their foreign policy in
accordance with their determination of the best interests of
their peoples;
(3) condemns the continuing political, economic, and
military aggression by the Russian Federation against
Ukraine, Georgia, and Moldova and the continuing violation of
their sovereignty, independence, and territorial integrity;
(4) states that the military intervention by the Russian
Federation in Ukraine--
(A) is in breach of its obligations under the United
Nations Charter;
(B) is in clear violation of each of the 10 principles of
the 1975 Helsinki Accords;
(C) is in violation of the 1994 Budapest Memorandum on
Security Assurances in which it pledged to respect the
independence, sovereignty, and existing borders of Ukraine
and to refrain from the threat of the use of force against
the territorial integrity or political independence of
Ukraine; and
(D) poses a threat to international peace and security;
(5) calls on the Russian Federation to reverse its illegal
annexation of Crimea, to end its support of the separatist
forces in Crimea, and to remove its military forces from that
region other than those operating in strict accordance with
its 1997 agreement on the Status and Conditions of the Black
Sea Fleet Stationing on the Territory of Ukraine;
(6) calls on the President to cooperate with United States
allies and partners in Europe and other countries around the
world to refuse to recognize any de jure or de facto
sovereignty of the Russian Federation over Crimea, its
airspace, or its territorial waters;
(7) calls on the Russian Federation to remove its military
forces and military equipment from the territory of Ukraine,
Georgia, and Moldova, and to end its political, military, and
economic support of separatist forces;
(8) calls on the Russian Federation and the separatist
forces it supports and controls in Ukraine to end their
violations of the cease-fire announced in Minsk on September
5, 2014;
(9) calls on the President to cooperate with United States
allies and partners in Europe and other countries around the
world to impose visa bans, targeted asset freezes, sectoral
sanctions, and other measures on the Russian Federation and
its leadership with the goal of compelling it to end its
violation of Ukraine's sovereignty and territorial integrity,
to remove its military forces and equipment from Ukrainian
territory, and to end its support of separatist and
paramilitary forces;
(10) calls on the President to provide the Government of
Ukraine with lethal and non-lethal defense articles,
services, and training required to effectively defend its
territory and sovereignty;
(11) calls on the President to provide the Government of
Ukraine with appropriate intelligence and other relevant
information in a timely manner to assist the Government of
Ukraine to defend its territory and sovereignty;
(12) calls on North Atlantic Treaty Organization (NATO)
allies and United States partners in Europe and other nations
around the world to suspend all military cooperation with
Russia, including prohibiting the sale to the Russian
Government of lethal and non-lethal military equipment;
(13) reaffirms the commitment of the United States to its
obligations under the North Atlantic Treaty, especially
Article 5, and calls on all Alliance member states to provide
their full share of the resources needed to ensure their
collective defense;
(14) urges the President, in consultation with Congress, to
conduct a review of the force posture, readiness, and
responsibilities of United States Armed Forces and the forces
of other members of NATO to determine if the contributions
and actions of each are sufficient to meet the obligations of
collective self-defense under Article 5 of the North Atlantic
Treaty and to specify the measures needed to remedy any
deficiencies;
(15) welcomes the decision of France to indefinitely
suspend the delivery of the Mistral-class warships to the
Russian Federation and urges the United States, France, NATO,
and other partners to engage in consultations and consider
all alternative acquisition options for such warships which
would not include transfer of the ships to the Russian
Federation;
(16) urges the President to publicly hold the Russian
Federation accountable for violations of its obligations
under the Intermediate-Range Nuclear Forces (INF) Treaty and
to take action to bring the Russian Federation back into
compliance with the Treaty;
(17) urges the President to work with Asian, European, and
other allies to develop a comprehensive strategy to ensure
the Russian Federation is not able to gain any benefit by its
development of military systems that violate the INF Treaty;
(18) believes the emplacement by the Russian Federation of
its nuclear weapons on Ukrainian territory would constitute a
provocative and destabilizing move;
(19) calls on Ukraine and other countries to support energy
diversification initiatives to reduce the ability of the
Russian Federation to use its energy exports as a means of
applying political or economic pressure, including by
promoting energy efficiency and reverse natural gas flows
from Western Europe, and calls on the United States to
promote increased natural gas exports and energy efficiency;
(20) calls on the President and the United States
Department of State to develop a strategy for multilateral
coordination to produce or otherwise procure and distribute
news and information in the Russian language to countries
with significant Russian-speaking populations which maximizes
the use of existing platforms for content delivery such as
the Voice of America and Radio Free Europe/Radio Liberty
(RFE/RL), Incorporated, leverages indigenous public-private
partnerships for content production, and
[[Page 16526]]
seeks in-kind contributions from regional state governments;
(21) calls on the United States Department of State to
identify positions at key diplomatic posts in Europe to
evaluate the political, economic, and cultural influence of
Russia and Russian state-sponsored media and to coordinate
with host governments on appropriate responses;
(22) calls on the Russian Federation to cease its support
for the Assad regime in Syria;
(23) calls on the President to publicly and privately
demand the Russian Federation cease its destabilizing
behavior at every opportunity and in every engagement between
the United States and its officials and the Russian
Federation and its officials;
(24) calls upon the Russian Federation to seek a mutually
beneficial relationship with the United States that is based
on respect for the independence and sovereignty of all
countries and their right to freely determine their future,
including their relationship with other nations and
international organizations, without interference,
intimidation, or coercion by other countries; and
(25) calls for the reestablishment of a close and
cooperative relationship between the people of the United
States and the Russian people based on the shared pursuit of
democracy, human rights, and peace among all nations.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Ros-Lehtinen) and the gentleman from New York (Mr. Engel)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.
General Leave
Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material on this resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of H. Res. 758 and commend the
gentleman from Illinois (Mr. Kinzinger) for his work in bringing this
important measure to the floor tonight. I also commend the work of our
great chairman, Chairman Royce, and our fabulous ranking member, the
gentleman from New York (Mr. Engel), for their work on this critical
issue.
As this resolution documents, Mr. Speaker, Vladimir Putin has
repeatedly demonstrated that he is a threat not just to our friends and
allies, but to international peace and stability. From Ukraine,
Moldova, and the Republic of Georgia, to arms control violations and
support for the Assad regime in Syria, Putin's continuing military,
economic, and political aggression against Ukraine and others is on
full display. Of course, his most dramatic action was the forcible
occupation and annexation of Crimea earlier this year.
Today, as we consider this resolution, Russian forces are operating
on Ukrainian soil supporting separatists that they have heavily armed.
The apparent intent of the Russian-backed separatists is to carve out
an area that Russia will be able to permanently dominate. This is not
what the people of Ukraine want.
Already, thousands of Ukrainians have died in the fighting, and
hundreds of thousands have been made refugees, with many more suffering
severe deprivation. The destruction of Malaysia Airlines Flight 17
demonstrated the threat to civilians in this conflict, but many more
have been killed in the months since; yet these tragedies go mostly
unnoticed in the West.
Ukraine is not asking the U.S. to defend it against Russia, but
instead to provide it with the means with which it can defend its
people and its sovereignty, but the administration has refused to do
so, instead, restricting U.S. assistance to small amounts of nonlethal
goods and equipment.
As Ukraine's President said when he addressed us in Congress in
September, one cannot win a war with blankets. Ukraine is clearly in
need of urgent military assistance. The administration must act quickly
to equip it with the means not just to clothe its soldiers, but to stop
tanks as well.
The assault on Ukraine isn't being carried out by military means
alone. Putin has also attempted to use economic coercion on Ukraine. He
has used Russia's supply of energy to Ukraine and to other countries,
including many in the European Union, as a political weapon, shutting
off deliveries in the middle of winter.
The United States and our friends and allies in Europe and around the
world are taking action to ensure that he and his regime pay a heavy
price for this aggression. By imposing sanctions on key sectors,
especially financial institutions and the oil sector, we have put
enormous pressure on the Russian economy, which its officials openly
admit.
More needs to be done, Mr. Speaker. We must also counter Russia's
ability to use energy as a weapon. The U.S. can play an important role
in this effort simply by removing the unilateral restrictions we have
imposed on our export of natural gas.
Finally, we must work with our allies in NATO to enhance the security
of the Baltic States and other countries of the alliance that are
menaced by Russian aggression. A perceived weakness could lead to
miscalculation on Moscow's part with incalculable consequences. No one
should doubt our commitment to NATO.
Through these and other measures, Mr. Speaker, we can demonstrate to
Putin and the world that we will do what is necessary to protect
Ukraine and other countries that are threatened by his imperial
ambitions and ensure that they can live in peace and security.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I yield myself as much time as I may consume,
and I rise in strong support of H. Res. 758.
Mr. Speaker, after the cold war, we all hoped that Russia would
emerge as a modern power, governed by democratic norms, the rule of
law, and respect for human rights. Regrettably, things didn't turn out
that way. It is time to recognize the fact that Russia, under the
leadership of Vladimir Putin, is a threat to European security and to
U.S. interests in the region.
We must be clear that our concerns are not directed toward the
Russian people. In fact, as Putin tightens his grip, his own citizens
are among those suffering the most. Basic freedoms are under attack.
The media has become a mouthpiece for Putin and his cronies, and as
Russia continues its aggression in Ukraine, international sanctions are
hitting home, dragging down Russia's economy.
Nevertheless, we have high hopes for those inside Russia who seek an
alternative, who want a brighter future for their country and for their
children, so this resolution encourages the establishment of close and
cooperative ties between the people of the United States and the people
of Russia.
It pains me that Putin has effectively destroyed democracy in Russia.
We must let the Russian people know that we stand by them against this
tyrant. We need to keep supporting those in Russia who are struggling
against tough odds to keep the media and civil space open, to share
ideas that originate beyond the Kremlin's walls, to shine a light on
the corruption in Moscow and the misinformation on the airwaves.
I think this resolution sends an important message, and I would like
to thank the gentleman from Illinois (Mr. Kinzinger) for taking the
lead on this important issue, but I also think we should be doing more,
and I am pleased to be working with Chairman Royce on new legislation
to support Ukraine and further penalize Russia for its continued
trampling of Ukrainian sovereignty.
I am also pleased that this resolution lays out Congress' strong
opposition to France's sale of two Mistral warships to Russia, a key
priority of mine over the last several months. We should all thank
France for indefinitely suspending transfer of the ship to Russia, but
I think we can go even further, with NATO buying or leasing the ships.
I believe that this would be a win-win-win: a win for NATO, which
would acquire these powerful ships; a win for France, whose legitimate
financial interests would be addressed; and a win
[[Page 16527]]
for the countries in Eastern Europe, which would be further threatened
if Russia, indeed, had these vessels.
Among those countries under Moscow's pressure are Ukraine, Moldova,
and Georgia, where Russia continues to stoke separatism. There was a
vote recently in Moldova which rejected Putin and his nonsense, and I
was happy to see it.
In the Baltic States and elsewhere, Russian propaganda fills the
airwaves, spreading deceptions about the West. Across Eastern Europe,
millions wait with apprehension to see what Putin will do next. They
have good reason. We know that he is willing to flout international law
and trample his neighbors' sovereignty, so better to stand up to a
bully now than to try to reverse his future gains.
When Putin talks about going into Crimea to protect ethnic Russians,
it sounds to me a very lot like Hitler in 1938 who said he was going
into Czechoslovakia to the Sudetenland to protect ethnic Germans.
During the cold war, the United States stared down the Soviet Union
at the height of its power and refused to blink. We sided with those
behind the Iron Curtain who stood up for their universal rights.
Today, those rights are once again under threat; so, my colleagues,
let's pass this resolution, and let's keep working to meet the
challenge of Russia's growing aggression.
Mr. Speaker, I urge my colleagues to support this resolution, and I
reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield 4 minutes to the gentleman
from Illinois (Mr. Kinzinger), a member of the Foreign Affairs
Committee and the author of this important measure.
Mr. KINZINGER of Illinois. Mr. Speaker, I thank the gentlewoman from
Florida (Ms. Ros-Lehtinen) for yielding the time. Thanks to the
committee and the leadership for bringing this very important issue
forward.
Russia's continuing political, military, and economic aggression
against Ukraine, as well as Georgia and Moldova, must be addressed; in
short, this aggression will not stand. Mankind everywhere has a
responsibility to stand up for territorial integrity and sovereignty in
Ukraine, Georgia, and Moldova.
U.S. and European sanctions, to date, have unfortunately not caused
Russia to change course. It is imperative that this body continues to
pressure Russia and remain focused on exposing their illegal actions.
Mr. Putin would love nothing more than the world to simply not take
notice or not have the political will to directly push back against his
illegal annexation of Crimea. In fact, there is some who would promote
a policy of appeasement for political, business, or other purposes
against Russia.
That approach is woefully shortsighted and naive and underestimates
what Mr. Putin's regime is capable of throughout Eastern Europe and
now, unfortunately, the Middle East.
The U.S., Europe, and our allies must aggressively keep the pressure
on Mr. Putin to encourage him to change his behavior. Sadly, Mr. Putin
will only respond to raw power, and we must remain unified in our
opposition to the annexation of Crimea and continued efforts to
destabilize eastern Ukraine. We must be willing to change Mr. Putin's
calculation to make it far too costly for him to continue down this
path.
My constituents in Illinois have been shocked by Russia's military
aggression into Ukraine, and over the past year, they have been afraid
that we are moving into a second cold war. I agree with my constituents
and believe Putin has alienated all the Western countries he ostensibly
was trying to woo by the Sochi Olympics and is on the path to
reigniting a second cold war.
Moreover, Putin has enraged the world by denying Russia's involvement
in the death of 200 civilian passengers on a commercial Malaysian
airplane from Holland to Malaysia in the spring of 2014.
{time} 1815
Russia, sending arms and rockets to the Russian-aligned forces in
Ukraine, was the match that lit the fire for this heinous act.
On another note, I have had the opportunity to visit the country of
Georgia on several occasions over the past few years and have been
impressed with its people and their political aspirations. I have
personally witnessed Russian troops in Georgia, where they continue to
occupy Abkhazia and South Ossetia. In the same way Crimea should be
returned to Ukraine, Russia should immediately withdraw its troops from
Georgia.
The recent ``treaty'' between Georgia's Abkhazia region and the
Russian Federation is a farce. Abkhazia and South Ossetia remain
integral parts of Georgia and deserve to be part of an independent,
sovereign Georgia.
It is long past time to stand up to Mr. Putin and his wars of
opportunities in Georgia, Moldova, and Ukraine, and I would urge my
colleagues to support the measure.
Lastly, I would be remiss if I did not thank Chairman Royce for his
strong leadership on this and many other issues that have come before
the Foreign Affairs Committee this past Congress. It has been an
absolute pleasure to serve on the House Foreign Affairs Committee. The
past 2 years have been an extremely tumultuous time for the world. I am
extremely proud of this committee's work to directly confront the
problems quickly and with clear, unified voice.
While I can't thank everyone, I would like to specifically thank the
following staff for their tremendous diligence and hard work: Tom
Sheehy, Edward Burrier, Doug Seay, Elizabeth Heng, and, out of my
personal office, Michael Essington. You have been wonderful to work
with on this committee, and I am sure you will continue the hard work
in the next Congress as we confront a world that is severely lacking in
global American leadership.
Mr. ENGEL. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman very much.
Let me express my appreciation to the author of this bill, Mr.
Kinzinger, and to the managers on the bill, as well as, in particular,
to thank the ranking member, the chairman, and, of course, the manager
today. Thank you for your leadership.
I associate myself with Congressman Engel's remarks about leaving a
space for affirmation of the Russian people but to make it very clear
that we condemn the actions of Mr. Putin. Maybe calling him that is
even too polite.
Remember the days of Gorbachev when we understood that there was an
open Russia, there was a Russia who was committed to working for world
peace, standing on their own principles and values and history, not
denying their strength, but yet working collaboratively in a civilized
way. What happened to that Russia? What happened to the Russia that was
supposed to be shown to the world during the Olympics? What happened to
the Russia that believed in its great history and was prepared to stand
alongside of all world leaders to make a better place?
The taking over, the dominance, the literal invasion of Crimea was
intolerable and an unacceptable action by a nation that calls itself
``standing civilized with other nations.'' The horrific tragedy of
Malaysian Airlines and what many of us viewed around the world as we
watched bodies being unattended and thugs not allowing persons to come
and see to those bodies, how long they languished in those fields.
So I think it is important to ask the question of Mr. Putin: What has
happened to the Russia that we have known?
I would say that this resolution condemns the actions of the
government and the leadership of the government, but not the Russian
people. I look forward to legislation coming forward that we all will
debate on how we interact with the Russian people and provide the
freedom of press and the freedom of speech and the opportunities for
them.
Mr. Speaker, as I conclude my remarks, I would be remiss not to be
able to acknowledge Mr. Faleomavaega, who has an excellent bill on the
floor,
[[Page 16528]]
H. Res. 714, but to be able to say to him, I consider him a great
American and a representative of his community and his region and all
that he has done to turn our attention to south China, east China, and
the Asian Pacific region. We are grateful for what he has done and
grateful for his service. I thank him very much and wish for the
continued support of his legislation and his service to this country.
Let me also say that I support S. 2673, the United States-Israel
Strategic Partnership Act, and look forward to its passage.
Again, in conclusion, I hope that this legislation, the underlying
legislation, is a statement on behalf of America, of what we mean and
what we stand for.
Ms. ROS-LEHTINEN. Mr. Speaker, I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, it is now my pleasure to yield 2 minutes to
the gentlewoman from Ohio, Marcy Kaptur, who has been a leader in
Ukraine freedom and other issues involving Eastern Europe.
Ms. KAPTUR. Mr. Speaker, I thank my dear friend and colleague, the
ranking member, Congressman Eliot Engel of New York, for yielding me
this time, and also wish to thank the chair, Ileana Ros-Lehtinen of
Florida, obviously Chairman Royce, Congressman Kinzinger, all those who
have brought this important resolution to the floor, and I rise in
support.
Let me just say that the actions of Russia have truly disappointed
any liberty-loving person that exists on the face of the Earth. I think
this resolution further undergirds the high regard this Nation places
on the value of liberty, and liberty for all; its provisions that deal
with increasing sanctions and with added efforts in the energy security
arena for Ukraine are extraordinarily important; the focus on
additional communications; defensive equipment for the military of
Ukraine to defend the interests of that country; and, importantly,
cooperation with NATO nations and nonallied NATO nations to develop the
kind of international cooperative effort that truly can yield a better
Central and Eastern Europe in the decades ahead.
I want to commend the leadership on both sides of the aisle. This is
a bipartisan effort, what the American people are asking us for,
aspiring to the highest values that we hold as a nation, and that is
liberty for all, liberty for those who live in places where individuals
have not had the opportunity to fully flourish because of the
totalitarian and repressive regimes that make normal life impossible.
I would urge my colleagues to support the resolution, and I thank the
leadership for bringing this up in the closing hours of this Congress.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Diaz-Balart).
Mr. DIAZ-BALART. Mr. Speaker, I thank the gentlewoman from Florida
and also Mr. Kinzinger, the sponsor for this fine resolution.
In 1 minute I have one very simple thing to say. It is time that we
recognize who we are dealing with here. I know that it is easy and it
is fun to talk about diplomacy and diplomatic talk and pretend that Mr.
Putin is this democratic leader who has democratic aspirations, but as
this resolution clearly states, facts just do not bear that out.
So I thank the sponsor, and I thank the chairwoman for bringing to
the floor the truth of what Europe is threatened with and the world is
threatened with. Mr. Putin, that regime, is a regime of a thug for
thugs, and he must be treated that way.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
In closing, let me again stress the importance of this resolution. It
is strong and it is comprehensive. It says what needs to be said,
namely, that the United States stands firmly with Ukraine as it faces
Russia's aggression, period, plain and simple, and it condemns that
aggression in unambiguous terms.
But this resolution also keeps the door open to improved U.S.-Russian
relations should Mr. Putin cease his aggression against Ukraine and
observe the rules and norms that undergird the international order.
I urge my colleagues to support this resolution. It is very
important. It is very timely. It is important that we act now.
I yield back the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
I thank our esteemed chairman, Mr. Royce of California, as well as
Mr. Kinzinger, the author of this resolution, for bringing forth this
timely resolution before us.
By approving this resolution, Mr. Speaker, the House will send
Vladimir Putin a clear and unmistakable message, one aimed not only at
him, but at all of those in other countries who are tempted to use
aggression and invasion to achieve their objectives.
There is more at stake here than simply defending Ukraine's
independence and sovereignty, although that is our primary goal. The
message is that the United States will not simply stand by and silently
watch the world ascend into anarchy nor allow aggressors to accomplish
their goals by force and coercion.
By demonstrating to Putin that his aggressive actions will only
result in unacceptable costs to him and his regime, we can prevent
others from concluding that we and our allies will do nothing to stop
them and that they are free to impose the law of the jungle once again.
I yield back the balance of my time.
Mr. LEVIN. Mr. Speaker, I rise today in support of House Resolution
758 as amended, which condemns Russian aggression against her
neighbors. In the past year, we have seen Russia's determination to
exert influence over neighboring sovereign states such as Ukraine. Ever
since November 2013, when the Ukrainian people gathered peacefully in
Maidan Square to protest against a corrupt, Russian-backed government,
the Ukrainian people have come under siege by separatist forces
supported and armed by Russia. It is clear to all of us that in spite
of the ceasefire, Russia has never intended to honor the terms of the
agreement and has continued to undermine any genuine effort to
stabilize Ukraine.
Here in the United States, we must fully understand that such acts of
aggression undermine peace and security--not just for Ukraine, but for
all of Europe and the international community. At this critical
juncture when normalcy seems unattainable, the United States must stand
with the Ukrainian people and support their own desire to build a free
and democratic country, free from Russia's interference--in complete
freedom to determine Ukraine's own course of history.
We and our NATO allies have taken important steps in support of
Ukraine. We are collectively providing $100 million in military
assistance and have increased military cooperation. We have imposed
economic sanctions that force Russia pay a heavy price for its
aggression. The international community has spoken with one voice--if
Russia chooses aggression, there are clear consequences to its
expansionist agenda.
But there is much more that needs to be done. I urge my colleagues to
continue their support of the Ukrainian people by passing additional
legislation that provides for military and humanitarian assistance. The
Ukrainian people have demonstrated time and again their will to defend
their nation against a more powerful aggressor--with no expectation
that anyone would come to their aid. Now, we need to do our part and
give them the chance to stand up for the same values and principles
that define us as a nation.
Mr. CONNOLLY. Mr. Speaker, I rise in support of H. Res. 758 as
amended. President Vladimir Putin seems to have learned nothing from
history other than that power grows out of the barrel of a gun. The
Russian Federation under President Putin has demonstrated an ethos of
naked aggression that threatens the principle of nation-state
sovereignty and the territorial integrity of Russia's neighbors.
When Russian troops were identified as fomenting unrest in Crimea in
February of this year, President Putin adamantly denied Russian
involvement. By April, Russia had illegally annexed Crimea, and Putin
had come clean about the blatant Russian intrusion.
He admitted that Russian troops had been deployed to Crimea before
the illegal annexation on March 21, and exposed the illegitimate
referendum on independence in Crimea for what it was, a referendum held
at the end of the barrel of a gun. As Ukrainians in Crimea flee their
Russian occupiers, I cannot help but feel the reverberations of
Crimea's bloody history.
What we are witnessing in eastern Ukraine constitutes one of the most
audacious power
[[Page 16529]]
grabs of the 21st century, and it is happening in Europe no less.
I recently participated in a bipartisan delegation to the Annual
Session of the NATO Parliamentary Assembly. I can attest that our NATO
allies are under no illusions about Mr. Putin and they see him for what
he is, a bully who will only be encouraged by concession.
The 28 nations represented at the NATO PA adopted strong language
calling on NATO member countries to ``make it unambiguously clear that
the illegal `annexation' of Crimea will never be recognized.''
The leadership of the NATO PA has rotated to the United States, and
my colleague, Mr. Turner of Ohio, has been elected President of the
parliamentary body. The world is looking to the United States to
reverse the dangerous precedent that has been set in Crimea.
To that end, I am pleased to see that H. Res. 758 includes language
that echoes bipartisan legislation I introduced earlier this year with
my colleague Rep. Steve Chabot, the Crimea Annexation Non-Recognition
Act, H.R. 5241.
Today's resolution calls on the President to cooperate with United
States allies and partners in Europe and other countries around the
world to refuse to recognize any de jure or de facto sovereignty of the
Russian Federation over Crimea, its airspace, or its territorial
waters.
Some of my colleagues may recall that in the Cold War era, the U.S.
had a policy of non-recognition regarding the Soviet Union's illegal
annexation of the Baltic Republics. The U.S. recognized neither the de
jure nor de facto sovereignty of the Soviet Union over the Baltic
Republics.
Our policy of non-recognition did not end in 1991 because it had
become outdated or failed to recognize a fait accompli. It ended
because the Baltic people gained their independence in 1991 almost 50
years after the Soviet occupation began, and today, Estonia, Lithuania,
and Latvia are NATO allies.
Without a clear stance on the issue of Crimea, the West becomes
unwittingly complicit in Putin's further aggression in eastern Ukraine
and offers little hope to Ukrainians leaving Crimea that they will ever
have the opportunity to return home.
For the United States to allow this naked aggression to go
unaddressed would be truly an abrogation of our moral responsibility
and would turn our back on what we should have learned from 20th
century history.
Congress must make a stand, and I, for one, am stuck at Crimea.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the
rules and agree to the resolution, H. Res. 758, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. KINZINGER of Illinois. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________
REAFFIRMING THE PEACEFUL RESOLUTION OF DISPUTES IN THE SOUTH CHINA AND
THE EAST CHINA SEAS
Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and agree
to the resolution (H. Res. 714) reaffirming the peaceful and
collaborative resolution of maritime and jurisdictional disputes in the
South China Sea and the East China Sea as provided for by universally
recognized principles of international law, and reaffirming the strong
support of the United States Government for freedom of navigation and
other internationally lawful uses of sea and airspace in the Asia-
Pacific region, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 714
Whereas the maritime domains of the Asia-Pacific region,
which include both the sea and airspace above the domains,
are critical to the region's prosperity, stability, and
security, including global commerce;
Whereas the maritime domain in the Asia-Pacific region
between the Pacific and Indian Oceans includes critical sea
lines of commerce and communication;
Whereas China, Vietnam, the Philippines, Taiwan, Malaysia,
and Brunei have disputed territorial claims over the Spratly
Islands, and China, Taiwan, and Vietnam have disputed
territorial claims over the Paracel Islands;
Whereas, although the United States Government is not a
claimant in maritime disputes in either the East China or
South China Seas, the United States has an interest in the
peaceful diplomatic resolution of disputed claims in
accordance with international law, in freedom of navigation
and overflight, and in the free-flow of commerce free of
coercion, intimidation, or the use of force;
Whereas in 2002, the Association of Southeast Asian Nations
(ASEAN) and China agreed to the Declaration on the Conduct of
Parties in the South China Sea, and committed to developing
an effective Code of Conduct;
Whereas that declaration committed all parties to those
territorial disputes to ``reaffirm their respect for and
commitment to the freedom of navigation in and over flight
above the South China Sea as provided for by the universally
recognized principles of international law'', and to
``resolve their territorial and jurisdictional disputes by
peaceful means, without resorting to the threat or use of
force'';
Whereas since that time, tensions over the disputed
maritime and territorial areas have increased;
Whereas on September 2010, tensions escalated in the East
China Sea near the Senkaku (Diaoyutai) Islands, a territory
under the legal administration of Japan, when a Chinese
fishing vessel deliberately rammed Japanese Coast Guard
patrol boats;
Whereas on February 25, 2011, a frigate from the People's
Liberation Army Navy (PLAN) fired shots at three fishing
boats from the Philippines;
Whereas on March 2, 2011, the Government of the Philippines
reported that two patrol boats from China attempted to ram
one of its surveillance ships;
Whereas on May 26, 2011, a maritime security vessel from
China cut the cables of an exploration ship from Vietnam, the
Binh Minh, in the South China Sea in waters near Cam Ranh Bay
in the exclusive economic zone of Vietnam;
Whereas on May 31, 2011, three Chinese military vessels
used guns to threaten the crews of four Vietnamese fishing
boats while they were fishing in the waters of the Spratly
Islands;
Whereas on June 9, 2011, three vessels from China,
including one fishing vessel and two maritime security
vessels, ran into and disabled the cables of another
exploration ship from Vietnam, the Viking 2, in the exclusive
economic zone of Vietnam;
Whereas on July 22, 2011, an Indian naval vessel, sailing
about 45 nautical miles off the coast of Vietnam, was warned
by a Chinese naval vessel that it was allegedly violating
Chinese territorial waters;
Whereas in April 2012, tensions escalated between the
Philippines and China following a standoff over the
Scarborough Shoal;
Whereas in June 2012, Vietnam passed a Maritime law that
claimed sovereignty and jurisdiction over the Paracel and
Spratly Islands;
Whereas in June 2012, China's cabinet, the State Council,
approved the establishment of the city of Sansha to oversee
the areas claimed by China in the South China Sea;
Whereas in July 2012, Chinese military authorities
announced that they had established a corresponding People's
Liberation Army garrison in Sansha, in the new prefecture;
Whereas on June 23, 2012, the China National Offshore Oil
Corporation invited bids for oil exploration in areas within
200 nautical miles of the continental shelf and within the
exclusive economic zone of Vietnam;
Whereas in January 2013, a Chinese naval ship allegedly
fixed its weapons-targeting radar on Japanese vessels in the
vicinity of the Senkaku islands in the East China Sea, and,
on April 23, 2013, eight Chinese marine surveillance ships
entered the 12-nautical- mile territorial zone off the
Senkaku Islands, further escalating regional tensions;
Whereas on May 9, 2013, a fatal shooting incident occurred
in which shots fired from a Philippine Coast Guard patrol
boat resulted in the death of a Taiwanese fisherman;
Whereas on May 1, 2014, China's state-owned energy company,
CNOOC, anchored its deepwater drilling rig Hai Yang Shi You
981 (HD-981) in Vietnamese waters and deployed over 80
vessels, including seven military vessels, to support its
provocative actions and attempt to change the status quo by
force;
Whereas Chinese vessels accompanying Hai Yang Shi You 981
(HD-981) intimidated Vietnamese Coast Guard ships in
violation of the Convention on the International Regulations
for Preventing Collisions at Sea, ramming multiple Vietnamese
vessels, and using helicopters and water cannons to obstruct
others;
Whereas on May 5, 2014, vessels from the Maritime Safety
Administration of China (MSAC) established an exclusion zone
with a radius of three nautical miles around Hai Yang Shi You
981 (HD-981);
Whereas China's actions in support of the Hai Yang Shi You
981 (HD-981) drilling activity constitute a unilateral
attempt to change the status quo by force;
[[Page 16530]]
Whereas claimants have participated in land reclamation and
building up of land features, and whereas such activities
have raised tensions among the claimants;
Whereas, without prior consultations with the United
States, Japan, the Republic of Korea or other nations of the
Asia-Pacific region, China declared an Air Defense
Identification Zone (ADIZ) over the East China Sea on
November 23, 2013;
Whereas China announced that all aircraft, even if they do
not intend to enter the ADIZ airspace, would have to submit
flight plans, maintain radio contact, and follow directions
from the Chinese Ministry of National Defense;
Whereas the ``rules of engagement'' declared by China,
which at one time included the threat of ``emergency
defensive measures'', are in violation of the concept of
``due regard for the safety of civil aviation'' under the
Chicago Convention of the International Civil Aviation
Organization and thereby are a departure from accepted
practice;
Whereas China's declaration of an ADIZ over the East China
Sea has contributed to increased uncertainty and unsafe
conditions in the maritime region in East Asia and the
broader Asia-Pacific region;
Whereas freedom of navigation and other lawful uses of sea
and airspace in the Asia-Pacific region are embodied in
international law, not granted by certain states to others;
Whereas the United States Government expressed profound
concerns with China's unilateral, provocative, dangerous, and
destabilizing declaration of such a zone, including the
potential for misunderstandings and miscalculations by
aircraft operating lawfully in international airspace;
Whereas China's declaration of an ADIZ in the East China
Sea will not alter how the United States Government conducts
operations in the region or the unwavering United States
commitment to peace, security and stability in the Asia-
Pacific region;
Whereas other governments in the Asia-Pacific region,
including the Governments of Japan, Korea, Philippines,
Australia and Indonesia have expressed deep concern about
China's declaration of such a zone, regarding it as an effort
to unduly infringe upon the freedom of flight in
international airspace and to change the status quo that
could escalate tensions and potentially cause unintentional
consequences in the East China Sea;
Whereas the United States Government does not support
unilateral actions taken by any claimant seeking to change
the status quo through the use of coercion, intimidation, or
military force;
Whereas the United States Government is deeply concerned
about unilateral actions taken by any state to prevent any
other state from exercising its sovereign rights to the
resources of the exclusive economic zone (EEZ) and
continental shelf by making claims to those areas that have
no apparent basis in international law; declarations of
administrative and military districts in contested areas in
the South and East China Seas; and the imposition of new
fishing regulations covering disputed areas, which have
raised tensions in the region;
Whereas international law is important to safeguard the
rights and freedoms of all states in the Asia-Pacific region;
Whereas China and Vietnam have undertaken discussions to
reduce tensions between their navies;
Whereas in November 2014, the United States and China
signed a non-binding memorandum of understanding (MOU) on
``rules of behavior for safety of air and maritime
encounters'';
Whereas the MOU currently addresses only maritime behaviors
and both sides have agreed to complete an additional annex on
air-to-air encounters in 2015;
Whereas the United States welcomes the agreement by Japan
and China, in advance of their bilateral meeting in November
2014, to reduce tensions over disputed islands in the East
China Sea and to ``gradually resume political, diplomatic and
security dialogues''; and
Whereas a peaceful and prosperous China, which acts as a
responsible international stakeholder and which respects
international laws, standards, and institutions, will enhance
security and peace in the Asia-Pacific region: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) reaffirms the strong support of the United States for
the peaceful resolution of maritime territorial disputes in
the South China Sea and the East China Sea and pledges
continued efforts to facilitate a collaborative, peaceful
process to resolve these disputes;
(2) reaffirms the strong support for freedom of navigation
and over flight and condemns coercive and threatening actions
or the use of force to impede these freedoms in international
maritime domains and airspace by military or civilian
vessels, to alter the status quo or to destabilize the Asia-
Pacific region;
(3) does not recognize the East China Sea Air Defense
Identification Zone (ADIZ) declared by China, which is
contrary to freedom of overflight in international airspace,
and calls on China to refrain from taking similar provocative
actions elsewhere in the Asia-Pacific region, including in
the South China Sea;
(4) urges the Association of Southeast Asian Nations
(ASEAN), all United States allies and partners, and all
claimants to amiably and fairly resolve these outstanding
disputes, including through the conclusion of a Code of
Conduct for the South China Sea;
(5) urges the conclusion of the annex to the non-binding
memorandum of understanding (MOU) between the United States
and China on ``rules of behavior for safety of air and
maritime encounters'' addressing air-to-air encounters in
2015;
(6) supports the continuation of operations by the United
States to support freedom of navigation in international
waters and air space in the South China Sea and the East
China Sea; and
(7) encourages the continuation of efforts by the United
States Government to strengthen partnerships in the region to
build capacity for maritime domain awareness in support of
freedom of navigation, maintenance of peace and stability,
and respect for universally recognized principles of
international law.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Ros-Lehtinen) and the gentleman from New York (Mr. Engel)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.
General Leave
Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material on the resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H. Res. 714.
I would like to recognize the gentleman from American Samoa, our good
friend, Eni Faleomavaega, for introducing this important measure, and I
was proud to have joined him as the lead cosponsor.
I would like to commend and thank Mr. Faleomavaega for his nearly
four decades of service in the United States Congress and to our
Foreign Affairs Committee, which will soon come to an end, sadly, and
we will all miss him dearly.
Throughout his career, Eni has fought for human rights and for the
rule of law, especially in the Asia-Pacific region, and the idea that
all people should have the opportunity to prosper without fear for
their family's safety or livelihoods. This resolution that he presents
before us is a fitting representation of the ideals and goals that Eni
has worked so hard in support of during his many years in Congress.
This resolution encourages a peaceful reconciliation of the maritime
and jurisdictional disputes in the South and East China Seas, as well
as the kind of peace that is too often lacking in our world today. This
resolution is also an important statement in support of the universally
recognized principle of the freedom of navigation.
Mr. Speaker, peace in Asia has held for over a generation, and we
have seen incredible economic growth. Home to a vast combination of
global sea routes and shipping lanes, substantial energy resources, and
significant fishing territories, the importance of maintaining peace in
the South China Sea and the East China Sea cannot be overstated.
{time} 1830
According to estimates, the South China Sea contains oil reserves of
900 trillion cubic feet of natural gas, making the area second only to
Saudi Arabia in regard to oil supply. With Asian energy consumption set
to double by the year 2030, the conflicting claims in this region will
likely grow more intense.
Beyond the region's vast energy resources, peace in the South China
Sea is essential for international commerce. Each year, $5.3 trillion
in trade passes through the South China Sea, over $1 trillion of which
can be attributed to the United States. But the fragile stability that
has held in Asia is now being threatened by China's hegemonic ambitions
and its aggressive stance towards its neighbors. From its declaration
of an Air Defense Identification Zone to its ramming of other
[[Page 16531]]
nation's fishing boats to its economic coercion of U.S. allies like
Taiwan, China has rapidly raised tensions in the region.
China is pushing the limits on the high seas, motivated by potent
nationalist trends and the resources at stake. China's territorial
stakes are a clear challenge to its neighbors and must not be allowed
to go unchallenged. This resolution rightfully states that China's
declaration has contributed to increased uncertainty and unsafe
conditions in East Asia.
Additionally, Mr. Faleomavaega's resolution calls for freedom of
navigation, which is a bedrock principle of international commerce that
dates back centuries, helping to ensure the continued flow of global
trade.
Mr. Speaker, given the importance of this region, I urge my
colleagues to support Mr. Faleomavaega's resolution, which puts the
House on record supporting a peaceful process to resolve these
disputes.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H. Res. 714. Let me start by
thanking my colleague from American Samoa (Mr. Faleomavaega) for
authorizing this resolution. I also thank him for his many years of
distinguished service here in Congress. This is especially moving for
me because Eni and I were both elected to Congress on the same day and
started to serve that first day. We were elected in November of 1988,
and we both served starting January 3, 1989. As the jargon is here in
Washington, we are classmates. We sat next to each other on the Foreign
Affairs Committee for all those years and had a good chance to travel
together and have our families get to know each other, especially our
wives. It really has been a pleasure to be a friend and a colleague of
Mr. Faleomavaega. We are going to miss him, but I know he will grace
our presence and come back and visit.
So this is really a tribute. This is an important resolution. It is
important for its substance, but it is also important because I look at
it as a tribute to Eni Faleomavaega, my colleague, my friend, a really
great human being, great American, and great person representing
American Samoa for so many years. Thank you, Eni.
As both the chairman and the ranking member of the Subcommittee on
Asia and the Pacific throughout the years, Mr. Faleomavaega was focused
on U.S. policy involving the Asia-Pacific region. He was focused on
this policy long before anyone decided we need a ``pivot'' or
``rebalance'' to the region. Eni always knew--and knows--that Asia is
important, and that the United States, as a Pacific power, has a vital
role to play.
The measure we are considering today reaffirms our strong support for
a peaceful resolution to disputes in the South China Sea and East China
Sea. It calls on all parties to reduce tensions, manage disputes
peacefully, and adhere to international law. It encourages our own
government to keep working with allies and partners, helping expand
their ability to keep an eye on their own maritime domains.
The United States, as I mentioned before, is a Pacific power. We have
a vital interest in freedom of navigation and overflight in these
disputed areas, which are vital to economic security and lawful
commerce in the region. These are universal rights, not rights granted
by some states to others and not rights that China thinks it can
dominate and be aggressive in terms of claiming the seas as its own,
even though many of those seas are literally thousands of miles away
from mainland China.
Tensions in the East and South China Sea have been steadily
increasing for the last several years. Provocations have become bolder
and more frequent, and little progress has been made on a code of
conduct in the South China Sea to establish rules of the road among
claimants.
When I went there more than a year ago with Chairman Royce, we were
told by the government of the Philippines and Japan that they were
very, very concerned with what China has been doing and claiming. The
United States does not take sides in these disputes. We believe that
they should be resolved diplomatically and without force or coercion.
Territorial claims--and arbitration of those claims--should be based on
international law.
There have been some hopeful signs. Japan and Taiwan have worked out
an agreement relating to fishing rights. China and Vietnam have began
discussions on how to reduce tensions between their respective navies.
In advance of the Asia-Pacific Economic Cooperation summit, called
APEC, and bilateral meetings, Japan and China decided to ``agree to
disagree'' on the issue of the Senkaku Islands. They are now looking
for other ways to expand their diplomatic, political, and security
ties, despite their differences.
In addition, the President announced during his recent visit to
Beijing that the United States and China agreed to a range of maritime
confidence-building measures. We will continue working to expand this
cooperation into airspace next year.
These developments are positive and should continue in earnest, but
they are not enough. H. Res. 714 urges all parties to stay focused on
this progress and to continue working for a peaceful resolution of
maritime disputes in areas that are vitally important to the continued
economic development, peace, and security of the Asia-Pacific region.
Mr. Speaker, I urge all of my colleagues to support this resolution,
and I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, it is now my pleasure and honor to yield 5
minutes to the Representative from American Samoa, Mr. Eni
Faleomavaega.
Mr. FALEOMAVAEGA. I thank the gentleman for yielding. I want to
especially thank my good friend from New York and the gentlewoman from
Florida for their leadership and their support of this legislation.
Mr. Speaker, I rise in support of H. Res. 714, a resolution I
introduced calling for the peaceful and collaborative resolution of
maritime territorial disputes in the South China Sea and the East China
Sea.
I thank my colleagues, both Republicans and Democrats, who have stood
with me since 2012 on this issue. I want to especially thank again
Chairwoman Ileana Ros-Lehtinen and Chairman Steve Chabot for their
leadership and support. I also thank Chairman Ed Royce and Ranking
Member Eliot Engel for their support and help.
I am so serious about this matter that I have introduced this
language as a resolution, as a bill, and now again as a resolution in
hopes that the House will take a stand in response to China's
aggressive actions in the South China Sea and the East China Sea.
Mr. Speaker, when it comes to China, I consider myself a fair broker,
but it is time for China to stop provoking its neighbors and pursue a
course of peace. This is the last resolution I have introduced that the
House will consider, and I am proud that this resolution calls for
peace in the Asia-Pacific region.
Also, as a matter of observation, Mr. Speaker, two-thirds of the
world's population is in the Asia-Pacific region. For years, I have
always had a little sense of complaint that it seems that our focus has
always been toward Europe and the Middle East. Not that they are not
important, but the fact is that issues coming out of the Asia-Pacific
region should be given our proper attention.
I have served on the House Foreign Affairs Committee since I first
came to the U.S. Congress in 1989. For as long as I have served, it has
always been, and continues to be, my belief that the United States
should pay more attention to the Asia-Pacific region. As of now, we
should pay particular attention to the ongoing tensions in the South
China Sea.
Also, although the United States Government is not a claimant in
maritime disputes in either the East China Sea or the South China Sea,
the United States has an interest in the peaceful diplomatic resolution
of disputed claims in accordance with international law; in freedom of
navigation and overflight; and in the free flow of
[[Page 16532]]
commerce that is free of coercion, intimidation, or the use of force.
Mr. Speaker, I appreciate the leadership of Vietnam in standing for
peace--even when China violated its sovereignty by planting its oil
rig, HD-981, in the waters of Vietnam's Exclusive Economic Zone. I also
commend Taiwan and Japan for peacefully reaching an agreement to
jointly share fishing resources in their overlapping Exclusive Economic
Zones through the East China Sea Initiative, which demonstrates that
resolutions can be achieved through peaceful means.
Mr. Speaker, I firmly believe that we should earnestly seek ways to
promote peace, and I thank you for the opportunity I have had to
associate with you and our colleagues to carry out our responsibilities
in this great Nation.
It has been my distinct honor to serve the people of American Samoa
in the U.S. House of Representatives for the past 25 years. I thank
them for giving me the opportunity to serve them and this great Nation.
I believe I did my best, and I hope I will be remembered for giving all
I could to American Samoa and to our great Nation, especially to the
Asia-Pacific region, a region that has been too long neglected by our
national government.
To borrow the words of Mahatma Gandhi:
I hope my life will be my message.
Mr. Speaker, we will meet again, hopefully, and I extend to each of
my colleagues my fondest aloha.
Ms. ROS-LEHTINEN. Mr. Speaker, I continue to reserve the balance of
my time.
Mr. ENGEL. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Guam, Representative Madeleine Bordallo.
Ms. BORDALLO. Mr. Speaker, I rise in very strong support of H. Res.
714, authored by my very good friend, Representative Eni Faleomavaega
of American Samoa. This resolution reaffirms the United States'
interest in a peaceful and collaborative resolution of maritime and
jurisdictional disputes in the South and East China Seas.
Disputes over islands in the South and East China Seas have broad
economic and security implications to United States interests in the
Asia-Pacific region. Escalation of these disputes undercut peace and
stability in the region and seriously impact economies across the
globe.
I strongly believe that the United States must take a leadership role
in these disputes and work with our Asian allies to support a peaceful
and collaborative resolution to these issues. The resolution takes a
step in the right direction. We cannot accept unilateral action by any
of the countries involved in these disputes, as it further degrades
security in the region. Here is a clear example of Congress supporting
the United States' role in the rebalance of the Asia-Pacific region.
In particular, we cannot allow recent aggressive actions by China to
go unchecked. So I urge all parties, like Secretary Clinton did in
2012, to push toward finalizing a code of conduct that would establish
a mechanism to resolve these differences. I believe that it is
important for all parties to come to a resolution over these disputes
and not allow them to fester any longer.
{time} 1845
These disputes should no longer be used as weapons to bolster
nationalism helping to secure domestic power.
We must do all that we can to ensure continued peace and stability in
the Asia-Pacific region, and I am glad that the House of
Representatives is acting on this important measure to send a clear
message to China and our allies in the region.
I want to close by saying that I am a close friend of Congressman Eni
Faleomavaega. I am from Guam, he represents American Samoa, islands in
the Pacific area. I want to thank him for his leadership on this issue
and his long and dedicated service in the House of Representatives, I
understand not just as an elected Member, but as a staffer as well,
serving here over 40 years, as well as all the other issues in the
Asia-Pacific region that he has looked after.
Mr. Speaker, I strongly, again, urge my colleagues to pass H. Res.
714.
Ms. ROS-LEHTINEN. Mr. Speaker, I continue to reserve the balance of
my time.
Mr. ENGEL. Mr. Speaker, I am going to close now. In closing, I would
like to underscore the importance and timeliness of this resolution. It
is imperative that disagreements in the East or South China Seas be
resolved peacefully, without force or coercion, and in accordance with
international law.
Anything less than this jeopardizes the interests of the United
States, of our allies and partners, and the continued economic
development, peace, and security of the Asia-Pacific region.
I urge all my colleagues to support this important resolution, H.
Res. 714.
Mr. FALEOMAVAEGA. Will the gentleman yield?
Mr. ENGEL. I yield to the gentleman from American Samoa.
Mr. FALEOMAVAEGA. I thank the gentleman for yielding, and certainly
want to thank him for his most eloquent statements towards me. I feel a
little embarrassed by it, but I do want to thank him.
I do want to note, also, that it has been my honor to have served
with him and our colleagues on the other side of the aisle very well,
on affairs affecting our national interests, our government.
The gentlelady from Florida will note that I have a relative who
happens to live in her district. His name happens to be Dwayne Johnson,
and if you haven't seen his latest movie, ``Hercules,'' I suggest to my
colleagues that you should see the movie ``Hercules'' and see what
Samoans are like.
I do want to thank the gentleman again for yielding.
Mr. ENGEL. I thank the gentleman, and I want to just say, I think we
all have relatives that live in Ileana Ros-Lehtinen's district. And if
we don't, we want to go to her district in the wintertime.
Mr. Speaker, I yield back the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume. And I would like to point out that Dwayne Johnson, The Rock,
is a University of Miami Hurricanes alum. It is not bragging if it is
true. But thank you.
Mr. Speaker, over the past several years, I have noticed, we all have
noticed a worrying trend in Asia. What we are seeing is that Asia's
collective attention is gradually shifting away from economic
prosperity to security concerns.
Where nations used to focus on trade and commerce, there is
increasing discussion of nationalism, of military budgets, and even
provocative behavior. There is no better example than the territorial
disputes that Mr. Faleomavaega points out in his resolution in the
South China and East China Sea.
We need to work against this shift toward nationalism and promote a
peaceful resolution to these disputes. This resolution by Mr.
Faleomavaega encourages just that. I urge my colleagues to support it.
In conclusion, Mr. Speaker, I want to thank our good friend and
colleague Mr. Faleomavaega for his lifetime of service. And I know that
I am speaking for our esteemed chairman, Mr. Royce, and all of the
Members when we say, thank you, Mr. Faleomavaega, for your service to
our country during the Vietnam war.
Thank you for the service in the cause of peace in the decades that
followed that conflict during his distinguished career here in the
people's House. We are a better institution for you having served here,
sir.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the
rules and agree to the resolution, H. Res. 714, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution, as amended, was agreed to.
The title of the resolution was amended so as to read: ``A resolution
reaffirming the strong support of the United States Government for the
peaceful and collaborative resolution
[[Page 16533]]
of maritime and jurisdictional disputes in the South China Sea and the
East China Sea as provided for by universally recognized principles of
international law, and reaffirming the vital interest of the United
States in freedom of navigation and other internationally lawful uses
of sea and airspace in the Asia-Pacific region.''.
A motion to reconsider was laid on the table.
____________________
UNITED STATES-ISRAEL STRATEGIC PARTNERSHIP ACT OF 2014
Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass
the bill (S. 2673) to enhance the strategic partnership between the
United States and Israel.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2673
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel
Strategic Partnership Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The people and the Governments of the United States and
of Israel share a deep and unbreakable bond, forged by over
60 years of shared interests and shared values.
(2) Today, the people and Governments of the United States
and of Israel are facing a dynamic and rapidly changing
security environment in the Middle East and North Africa,
necessitating deeper cooperation on a range of defense,
security, and intelligence matters.
(3) From Gaza, Hamas continues to deny Israel's right to
exist and persists in firing rockets indiscriminately at
population centers in Israel.
(4) Hezbollah--with support from Iran--continues to
stockpile rockets and may be seeking to exploit the tragic
and volatile security situation within Syria.
(5) The Government of Iran continues to pose a grave threat
to the region and the world at large with its reckless
pursuit of nuclear weapons.
(6) Given these challenges, it is imperative that the
United States continues to deepen cooperation with allies
like Israel in pursuit of shared policy objectives.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to reaffirm the unwavering support of the people and
the Government of the United States for the security of
Israel as a Jewish state;
(2) to reaffirm the principles and objectives enshrined in
the United States-Israel Enhanced Security Cooperation Act of
2012 (Public Law 112-150) and ensure its implementation to
the fullest extent;
(3) to reaffirm the importance of the 2007 United States-
Israel Memorandum of Understanding on United States
assistance to Israel and the semi-annual Strategic Dialogue
between the United States and Israel;
(4) to pursue every opportunity to deepen cooperation with
Israel on a range of critical issues including defense,
homeland security, energy, and cybersecurity;
(5) to continue to provide Israel with robust security
assistance, including for the procurement of the Iron Dome
Missile Defense System; and
(6) to support the Government of Israel in its ongoing
efforts to reach a negotiated political settlement with the
Palestinian people that results in two states living side-by-
side in peace and security.
SEC. 4. SENSE OF CONGRESS ON ISRAEL AS A MAJOR STRATEGIC
PARTNER.
It is the sense of Congress that Israel is a major
strategic partner of the United States.
SEC. 5. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) Department of Defense Appropriations Act, 2005.--
Section 12001(d) of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by
striking ``more than 10 years after'' and inserting ``more
than 11 years after''.
(b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A)
of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``and 2014'' and
inserting ``, 2014, and 2015''.
SEC. 6. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE
AUTHORIZATION EXCEPTION TO CERTAIN EXPORT
CONTROL LICENSING REQUIREMENTS.
(a) Findings.--Congress finds that Israel--
(1) has adopted high standards in the field of export
controls;
(2) has declared its unilateral adherence to the Missile
Technology Control Regime, the Australia Group, and the
Nuclear Suppliers Group; and
(3) is a party to--
(A) the Convention on Prohibitions or Restrictions on the
Use of Certain Conventional Weapons which may be Deemed to be
Excessively Injurious or to Have Indiscriminate Effects,
signed at Geneva October 10, 1980;
(B) the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare, signed at Geneva June 17,
1925; and
(C) the Convention on the Physical Protection of Nuclear
Material, adopted at Vienna on October 26, 1979.
(b) Eligibility for Strategic Trade Authorization
Exception.--The President, consistent with the commitments of
the United States under international arrangements, shall
take steps so that Israel may be included in the list of
countries eligible for the strategic trade authorization
exception under section 740.20(c)(1) of title 15, Code of
Federal Regulations, to the requirement for a license for the
export, reexport, or in-country transfer of an item subject
to controls under the Export Administration Regulations.
SEC. 7. UNITED STATES-ISRAEL COOPERATION ON ENERGY, WATER,
HOMELAND SECURITY, AGRICULTURE, AND ALTERNATIVE
FUEL TECHNOLOGIES.
(a) In General.--The President is authorized, subject to
existing law--
(1) to undertake activities in cooperation with Israel; and
(2) to provide assistance promoting cooperation in the
fields of energy, water, agriculture, and alternative fuel
technologies.
(b) Requirements.--In carrying out subsection (a), the
President is authorized, subject to existing requirements of
law and any applicable agreements or understandings between
the United States and Israel--
(1) to share and exchange with Israel research, technology,
intelligence, information, equipment, and personnel,
including through sales, leases, or exchanges in kind, that
the President determines will advance the national security
interests of the United States and are consistent with the
Strategic Dialogue and pertinent provisions of law; and
(2) to enhance scientific cooperation between Israel and
the United States.
(c) Cooperative Research Pilot Programs.--The Secretary of
Homeland Security, acting through the Director of the
Homeland Security Advanced Research Projects Agency and with
the concurrence of the Secretary of State, is authorized,
subject to existing law, to enter into cooperative research
pilot programs with Israel to enhance Israel's capabilities
in--
(1) border, maritime, and aviation security;
(2) explosives detection; and
(3) emergency services.
SEC. 8. REPORT ON INCREASED UNITED STATES-ISRAEL COOPERATION
ON CYBERSECURITY.
Not later than 180 days after the date of the enactment of
this Act, the President shall submit to Congress a report, in
a classified format or including a classified annex, as
appropriate, on the feasibility and advisability of expanding
United States-Israeli cooperation on cyber issues, including
sharing and advancing technologies related to the prevention
of cybercrimes.
SEC. 9. STATEMENT OF POLICY REGARDING THE VISA WAIVER
PROGRAM.
It shall be the policy of the United States to include
Israel in the list of countries that participate in the visa
waiver program under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) when Israel satisfies, and as
long as Israel continues to satisfy, the requirements for
inclusion in such program specified in such section.
SEC. 10. STATUS OF IMPLEMENTATION OF SECTION 4 OF THE UNITED
STATES-ISRAEL ENHANCED SECURITY COOPERATION ACT
OF 2012.
Not later than 180 days after the date of the enactment of
this Act, the President shall, to the extent practicable and
in an appropriate manner, provide an update to the Committee
on Foreign Relations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, the Committee on
Armed Services of the Senate, and the Committee on Armed
Services of the House of Representatives on current and
future efforts undertaken by the President to fulfill the
objectives of section 4 of the United States-Israel Enhanced
Security Cooperation Act (22 U.S.C. 8603).
SEC. 11. IMPROVED REPORTING ON ENHANCING ISRAEL'S QUALITATIVE
MILITARY EDGE AND SECURITY POSTURE.
(a) Biennial Assessment Reevaluations.--Section 201(c) of
the Naval Vessel Transfer Act of 2008 (22 U.S.C. 2776 note)
is amended by adding at the end the following:
``(3) Biennial updates.--Two years after the date on which
each quadrennial report is transmitted to Congress, the
President shall--
``(A) reevaluate the assessment required under subsection
(a); and
``(B) inform and consult with the appropriate congressional
committees on the results of the reevaluation conducted
pursuant to subparagraph (A).''.
(b) Certification Requirements for Major Defense
Equipment.--Section 36(h) of the Arms Export Control Act (22
U.S.C. 2776(h)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Requirements with respect to determination for major
defense equipment.--A
[[Page 16534]]
determination under paragraph (1) relating to the sale or
export of major defense equipment shall include--
``(A) a detailed explanation of Israel's capacity to
address the improved capabilities provided by such sale or
export;
``(B) a detailed evaluation of--
``(i) how such sale or export alters the strategic and
tactical balance in the region, including relative
capabilities; and
``(ii) Israel's capacity to respond to the improved
regional capabilities provided by such sale or export;
``(C) an identification of any specific new capacity,
capabilities, or training that Israel may require to address
the regional or country-specific capabilities provided by
such sale or export; and
``(D) a description of any additional United States
security assurances to Israel made, or requested to be made,
in connection with, or as a result of, such sale or
export.''.
SEC. 12. UNITED STATES-ISRAEL ENERGY COOPERATION.
(a) Findings.--Section 917(a) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17337(a)) is amended--
(1) in paragraph (1), by striking ``renewable'' and
inserting ``covered'';
(2) in paragraph (4)--
(A) by striking ``possible many'' and inserting
``possible--
``(A) many''; and
(B) by adding at the end the following: ``and
``(B) significant contributions to the development of
renewable energy and energy efficiency through the
established programs of the United States-Israel Binational
Industrial Research and Development Foundation and the United
States-Israel Binational Science Foundation;'';
(3) in paragraph (6)--
(A) by striking ``renewable'' and inserting ``covered'';
and
(B) by striking ``and'' at the end;
(4) in paragraph (7)--
(A) by striking ``renewable'' and inserting ``covered'';
and
(B) by striking the period at the end and inserting a
semicolon; and
(5) by adding at the end the following:
``(8) United States-Israel energy cooperation and the
development of natural resources by Israel are in the
strategic interest of the United States;
``(9) Israel is a strategic partner of the United States in
water technology;
``(10) the United States can play a role in assisting
Israel with regional safety and security issues;
``(11) the National Science Foundation of the United
States, to the extent consistent with the National Science
Foundation's mission, should collaborate with the Israel
Science Foundation and the United States-Israel Binational
Science Foundation;
``(12) the United States and Israel should strive to
develop more robust academic cooperation in--
``(A) energy innovation technology and engineering;
``(B) water science;
``(C) technology transfer; and
``(D) analysis of emerging geopolitical implications,
crises and threats from foreign natural resource and energy
acquisitions, and the development of domestic resources as a
response;
``(13) the United States supports the goals of the
Alternative Fuels Administration of Israel with respect to
expanding the use of alternative fuels;
``(14) the United States strongly urges open dialogue and
continued mechanisms for regular engagement and encourages
further cooperation between applicable departments, agencies,
ministries, institutions of higher education, and the private
sector of the United States and Israel on energy security
issues, including--
``(A) identifying policy priorities associated with the
development of natural resources of Israel;
``(B) discussing and sharing best practices to secure cyber
energy infrastructure and other energy security matters;
``(C) leveraging natural gas to positively impact regional
stability;
``(D) issues relating to the energy-water nexus, including
improving energy efficiency and the overall performance of
water technologies through research and development in water
desalination, wastewater treatment and reclamation, water
treatment in gas and oil production processes, and other
water treatment refiners;
``(E) technical and environmental management of deep-water
exploration and production;
``(F) emergency response and coastal protection and
restoration;
``(G) academic outreach and engagement;
``(H) private sector and business development engagement;
``(I) regulatory consultations;
``(J) leveraging alternative transportation fuels and
technologies; and
``(K) any other areas determined appropriate by the United
States and Israel;
``(15) the United States--
``(A) acknowledges the achievements and importance of the
Binational Industrial Research and Development Foundation and
the United States-Israel Binational Science Foundation; and
``(B) supports continued multiyear funding to ensure the
continuity of the programs of the foundations specified in
subparagraph (A); and
``(16) the United States and Israel have a shared interest
in addressing immediate, near-term, and long-term energy,
energy poverty, energy independence, and environmental
challenges facing the United States and Israel,
respectively.''.
(b) Grant Program.--Section 917(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17337(b)(1))
is amended--
(1) in paragraph (1), by striking ``renewable energy or
energy efficiency'' and inserting ``covered energy'';
(2) in paragraph (2)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(H) natural gas energy, including conventional and
unconventional natural gas technologies and other associated
technologies, and natural gas projects conducted by or in
conjunction with the United States-Israel Binational Science
Foundation and the United States-Israel Binational Industrial
Research and Development Foundation; and
``(I) improvement of energy efficiency and the overall
performance of water technologies through research and
development in water desalination, wastewater treatment and
reclamation, and other water treatment refiners.''; and
(3) in paragraph (3)(A), by striking ``energy efficiency or
renewable'' and inserting ``covered''.
(c) International Partnerships; Regional Energy
Cooperation.--
(1) International partnerships.--Section 917 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17337) is
amended--
(A) by striking subsection (d);
(B) by redesignating subsection (c) as subsection (e);
(C) by inserting after subsection (b) the following:
``(c) International Partnerships.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, may enter into cooperative
agreements supporting and enhancing dialogue and planning
involving international partnerships between the Department,
including National Laboratories of the Department, and the
Government of Israel and its ministries, offices, and
institutions.
``(2) Federal share.--The Secretary may not pay more than
50 percent of Federal share of the costs of implementing
cooperative agreements entered into pursuant to paragraph
(1).
``(3) Annual reports.--If the Secretary enters into
agreements authorized by paragraph (1), the Secretary shall
submit an annual report to the Committee on Energy and
Natural Resources of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Appropriations of
the Senate, the Committee on Energy and Commerce of the House
of Representatives, the Committee on Science, Space, and
Technology of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
that describes--
``(A) actions taken to implement such agreements; and
``(B) any projects undertaken pursuant to such agreements.
``(d) United States-Israel Energy Center.--The Secretary
may establish a joint United States-Israel Energy Center in
the United States leveraging the experience, knowledge, and
expertise of institutions of higher education and entities in
the private sector, among others, in offshore energy
development to further dialogue and collaboration to develop
more robust academic cooperation in energy innovation
technology and engineering, water science, technology
transfer, and analysis of emerging geopolitical implications,
crises and threats from foreign natural resource and energy
acquisitions, and the development of domestic resources as a
response.''; and
(D) in subsection (e), as redesignated, by striking ``the
date that is 7 years after the date of enactment of this
Act'' and inserting ``September 30, 2024''.
(2) Constructive regional energy cooperation.--The
Secretary of State shall continue the ongoing diplomacy
efforts of the Secretary of State in--
(A) engaging and supporting the energy security of Israel;
and
(B) promoting constructive regional energy cooperation in
the Eastern Mediterranean.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Ros-Lehtinen) and the gentleman from New York (Mr. Engel)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.
General Leave
Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to
[[Page 16535]]
include extraneous material on this resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this has been a long time coming, but I am so pleased
that we finally have an opportunity to send to the President's desk the
bill before us, the U.S.-Israel Strategic Partnership Act.
I authored the original bill, alongside my Florida colleague, my good
friend Mr. Deutch, and together we introduced it in the House almost 2
years ago. Chairman Royce, Ranking Member Engel, and their staffs were
immensely supportive in pushing this bill through, and we ultimately
passed the House version, H.R. 938, in this body in March, with an
overwhelming vote of 410-1.
I want to thank our colleagues in the other Chamber, Senator Boxer
and Senator Blunt, for introducing the companion bill in the Senate.
Today is, indeed, a significant day in the history of the United
States-Israel relationship. Our bill takes the already strong bond
between our two countries and makes it even stronger.
In the aftermath of this summer's Gaza conflict, in which we saw
Hamas fire thousands of rockets indiscriminately into innocent Israeli
civilian populations, and with the alarming rise in terror attacks in
Jerusalem these past few weeks, well, Mr. Speaker, now is precisely the
time for us to make this bill a law.
Our bill is as important strategically as it is symbolically. It
shows the world how deeply America values its bilateral relationship
with Israel, affording the democratic Jewish state the unique label of
major strategic partner of the United States.
At a time when many around the world seek to test our resolve and our
commitment to our friend and ally, passing this bill will reaffirm an
unwavering commitment to Israel, to its right to defend herself and her
citizens, and redoubles our efforts to ensure that Israel always
maintains a qualitative military edge over its enemies.
Israel has many enemies, like Hamas. Hamas is, no doubt, planning its
next assault against our ally.
Hezbollah, another enemy which may be preoccupied right now in Syria,
certainly has not forgotten its desire to wipe out Israel, especially
not when its patron, the Iranian regime, continues to incite violence
against Israel and calls for its very destruction.
Iran's Supreme Leader, while he is telling his people to continue to
string along the P5+1 countries in the nuclear negotiations under the
ruse of wanting to reach an agreement, is calling for all Palestinians
in the West Bank to take up arms against Israel.
And while the administration continues to extend and negotiate a very
weak and dangerous Iran nuclear deal, it is important that we in the
United States Congress send a signal to Khamenei and Rouhani and all
the mullahs in Iran that the United States Congress will not undermine
our ally, Israel, for a regime that cannot be trusted and is the
world's leading state sponsor of terrorism.
This bill will do that, Mr. Speaker. It will do that and much more,
and I am so honored to have led the charge, with Mr. Royce, with Mr.
Engel, with Mr. Deutch, in getting this bill to the President's desk. I
look forward to it finally becoming law.
Mr. Speaker, I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I rise in strong support of S. 2673, the
U.S.-Israel Strategic Partnership Act, and I yield myself as much time
as I may consume.
Mr. Speaker, let me first thank Ms. Ros-Lehtinen, the chair of the
Middle East and North Africa Subcommittee, and Mr. Deutch, the ranking
member of that subcommittee, for authoring the House version of this
legislation, which passed by a vote of 410-1 on March 5 of this year.
I will have to figure out who that one is.
They have worked tirelessly, Ms. Ros-Lehtinen and Mr. Deutch, with
their Senate counterparts, Senators Boxer and Blunt, to send this bill
to the President.
This legislation would reaffirm our support for the U.S.-Israel
relationship at a time of unprecedented threats.
In the north, Israel sees Syria engulfed in a civil war that has
killed upwards of 200,000 people. The extremists who have filled the
vacuum of leadership, like the al-Qaeda-affiliated al-Nusra front, are
sitting right on Israel's border. They even kidnapped U.N. peacekeepers
tasked with keeping that border calm.
From Jordan, typically a quiet ally, we have seen some ugly rhetoric
over the past few weeks. After terrorists seized a synagogue and
slaughtered rabbis in their place of worship, the Jordanian Parliament
praised the so-called martyrs who perpetrated this heinous attack.
This summer's war against Hamas and Gaza left the Israeli public
acutely aware of their own vulnerabilities. For years, Israelis on
border towns have said that they have heard digging underneath their
feet, scratches and vibrations that kept them up at night.
It turns out they were right. Hamas was digging tunnels in order to
kidnap Israeli civilians and soldiers, or perpetrate large-scale
terrorist attacks in some of Israel's largest cities.
I stood with Chairman Royce in one of those tunnels just a couple of
months ago. We were also with Mr. Rohrabacher, and we looked at those
tunnels. It was just amazing. They were solidly-constructed and well-
engineered.
I couldn't help but wonder what Gaza would look like today if Hamas
had put those resources into building schools or hospitals or a modern
infrastructure for the Palestinian people. But they didn't. They,
instead, made them terror tunnels. What a waste.
Hamas is now a legitimate political actor. It uses violence to gain
power. It sees no value in human life, neither its Israeli victims nor
its Palestinian human shields. And we did pass a resolution earlier
this year condemning Hamas' use of innocent civilians as human shields.
And, of course, Israel faces the existential threat of Iran and its
illicit nuclear weapons program. Even as talks continue between the
P5+1 and Iran, Tehran continues to support international terrorism that
targets Jews in Israel and other parts of the world.
Israel is a bright light, Mr. Speaker, in a very, very dark region,
the only democracy in the Middle East, and a valued ally of the United
States. That is why we are considering this bill to strengthen our
relationship with the state and the people of Israel, and to send a
clear and unmistakable message to Israel's foes, and that message is:
America stands with Israel.
Specifically, this bill would build on our robust defense
cooperation. It would ramp up U.S.-Israel collaboration on
cybersecurity, expand U.S.-Israel energy cooperation, and reaffirm our
commitment to Israel's QME, or qualitative military edge.
This legislation names Israel as a major strategic partner,
demonstrating that our relationship is not transactional, it is not
assistance-based. Our relationship is based on shared cultural,
societal, and historical ties, and is clearly ingrained in the values
we hold dear. It is mutually beneficial and serves the strategic
interests of both countries.
Again, in my trip to Israel with Chairman Royce and Mr. Rohrabacher
and Mr. Gregory Meeks, we understood why America stands with Israel.
So, for these reasons, I urge my colleagues to support this
legislation. It is very important. It is very important that we do
this.
Mr. Speaker, I reserve the balance of my time.
{time} 1900
Ms. ROS-LEHTINEN. Mr. Speaker, I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, it is now my pleasure to yield 3 minutes to
the gentlewoman from New York, Mrs. Nita Lowey, who is the ranking
member of the Appropriations subcommittee which deals with all of these
important issues.
[[Page 16536]]
Mrs. LOWEY. I want to thank all of the authors of this bill for your
important work, and I appreciate your bringing these issues once again
to the attention of my colleagues and to all of those who are watching
us this evening.
Mr. Speaker, I rise in strong support of the United States-Israel
Strategic Partnership Act.
During a period of tremendous turmoil in the Middle East, the passage
of this important legislation sends a strong signal to our steadfast
ally that the United States Congress remains fully committed to its
security.
This bill, which I cosponsored, supports greater U.S.-Israeli
cooperation on a number of fronts, including energy, cybersecurity,
homeland security, and agriculture. It also extends the authorization
for U.S. weapons to be stored in Israel in case they are needed by
either of our countries to respond to an emergency.
Additionally, this bill provides for the greater congressional
oversight of Israel's qualitative military edge over its neighbors, a
status that remains absolutely critical to Israel's ongoing security
needs. Lastly, this bill encourages Israel's inclusion in the Visa
Waiver Program and supports a greater engagement with Israel on meeting
the program's requirements.
I remain committed to making it easier for young Israelis to travel
to the United States. As I have said before, our visa policies should
reflect the unbreakable bond between our nations and people.
Supporting Israel, our strongest ally and the only democracy in the
region, remains a vital component of protecting U.S. national security
interests.
As ranking member of the Appropriations Subcommittee on State,
Foreign Operations, and Related Programs, I will continue to fight to
provide Israel with the resources it requires to secure its borders and
protect its citizens.
Ms. ROS-LEHTINEN. Mr. Speaker, I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I now yield 3 minutes to the gentleman from
Florida, Mr. Ted Deutch, one of the authors of this bill.
Mr. DEUTCH. Mr. Speaker, today, the House is taking up the Senate
version of the United States-Israel Strategic Partnership Act, a bill
that passed this Chamber in March with a vote of 410-1. Our vote today
will send this important piece of legislation to the President's desk.
I am particularly grateful for the efforts of my colleagues on the
House Foreign Affairs Committee, notably those by Chairman Ed Royce; by
ranking member and my friend, Eliot Engel, for helping to ensure this
legislation's passage; by the Senate sponsors, Senator Boxer and
Senator Blunt; and by my friend, chairman, and stalwart champion of the
U.S.-Israel relationship, chairman emeritus Ileana Ros-Lehtinen.
I would also like to offer a special thanks as well to Casey Kustin,
in my office; to Eddy Acevedo; and to the entire committee staff,
including Matt Zweig and Mira Resnick, who worked so hard to bring this
bill to the floor at this moment.
This critical bill enhances the broad cooperation between the United
States and Israel on a wide spectrum of issues, and it reflects the
simple truth that our bilateral relationship spans not only shared
security interests but shared values.
This bill was crafted with particular consideration of the heightened
security situation faced by Israel today. This summer's Operation
Protective Edge reminds us just how vital and strong U.S. support for
Israel can be as the Iron Dome missile defense system saved tens of
thousands of lives by taking down hundreds of Hamas rockets aimed at
civilians and as the U.S. was able to quickly assist Israel in the
resupply of defense articles, so that it could defend its citizens from
brutal terror attacks.
The United States-Israel Strategic Partnership Act also highlights
Israel's significant contributions to the areas of water, irrigation,
agriculture, and energy issues by expanding collaborative research
efforts. It recognizes that the United States is strengthened by these
joint efforts with Israel to tackle shared problems and to advance
shared interests.
Through dire security threats and unimaginable hostility from the
outside actors, the State of Israel has managed to thrive as an open
and free democratic society, and it has prospered into a global leader
in research and development in countless fields.
This bill, the United States-Israel Strategic Partnership Act, sends
a clear and a bipartisan message to our ally Israel and to the rest of
the world that the U.S.-Israel relationship runs wide and deep, that
our commitment to the lasting safety and security of Israel is and
always will be unbreakable, and that our work together not only in
security but in agriculture, cybersecurity, water, and energy advances
the interests of our Nation, as well as those of our great ally.
I urge my colleagues to support the U.S.-Israel Strategic Partnership
Act.
Ms. ROS-LEHTINEN. Mr. Speaker, I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, in closing, let me say that I am very proud
to help send this bill to the President's desk. This is really
significant and important.
The United States stands with Israel during these challenging times,
and deepening our ties with Israel will only help strengthen our
mutually beneficial relationship. Let me say that again, ``mutually
beneficial relationship.''
It benefits both countries to have the kind of relationship that we
have with Israel. It benefits both countries because we have shared
values and care about democracy. It benefits both countries because we
share intelligence and do so many things together as closest allies.
This is a very important piece of legislation, and I urge everyone to
support it.
I yield back the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
It is in our national security interests of the United States to
strengthen our relationship with our strongest ally, the democratic
Jewish State of Israel.
Our two nations share more than just a strategic partnership--we
share the same values; we share the same ideals. The United States and
Israel are both freedom-loving and democratic nations that serve as a
model of how free and open societies can work and can thrive, but it is
also our belief in these ideals that has made us a target by those who
seek to oppress their people and impose strict laws that govern their
everyday lives and restrict their freedom of expression and their
freedom of religion.
The citizens of the United States and of Israel speak openly, and we
live honestly, but our enemies hate everything that we stand for, and
they will stop at nothing to harm or destroy our way of life.
That is why, Mr. Speaker, it is so important that we continue to
strengthen our relationship with Israel and support its right to defend
itself and its citizens, and that is exactly what we will be doing when
we pass this bill.
I would like to say to my Florida colleague, Mr. Deutch, that it has
been a joy to have joined him in our recent trip to Israel, and I have
greatly enjoyed our Florida road trip as we speak around our great
State about the strength and the vitality of the U.S.-Israel
relationship.
Mr. Speaker, I yield back the balance of my time.
Mr. ROYCE. Mr. Speaker, I rise in strong support of S. 2673, the
U.S.-Israel Strategic Partnership Act. I'd like to note that the
groundwork for this legislation was laid when the House-passed H.R. 938
by a vote of 410-1 in March. I would like to recognize the Gentlewoman
from Florida, Ms. Ros-Lehtinen, and the Gentleman from Florida, Mr.
Deutch, for their leadership in authoring that important measure. With
passage of this legislation today, this bill now goes to the
President's desk for his signature.
I also want to thank the Ranking Member of the Committee, the
Gentleman from New York, Mr. Engel, for his assistance in bringing this
legislation to the floor and for his longstanding support for the State
of Israel. Over the past two years, Mr. Engel and I have had
[[Page 16537]]
the chance to travel twice to Israel together as Chair and Ranking
Member, showing bipartisan support for the relationship.
We witnessed together the many factors that drive our relationship.
Israel is a pluralistic democracy which includes the freedoms we
cherish: freedom of speech, freedom of religion, freedom of
association, freedom of the press, and government by the consent of the
governed.
Our militaries hold combined exercises where they constantly learn
from each other. A key collaboration here has been in missile defense.
Jointly developed and produced by the U.S. and Israeli militaries, the
Arrow defense system, Iron Dome, and David's Sling system--which is
currently under development--will soon be combined to create the
world's most sophisticated missile shields. And given the threats
Israel faces, this is needed now more than ever. This summer, once
again we saw how the Iron Dome helped save innocent Israeli lives,
giving its leaders breathing room and preventing more bloodshed.
Congress can be proud of its role in backing the Iron Dome.
But we must always be working to ensure that our support for Israel
keeps apace with the threats proliferating against the country--from
Iran to Hamas.
That is why today's legislation is important. Once signed into law,
it will expedite the provision of critical security assistance to
Israel by ushering in an expedited licensing regime and increasing the
U.S. war reserves stockpile, for Israel to access, if needed. It will
also require more frequent and detailed reporting on Israel's
Qualitative Military edge--a provision which is the direct result of
Mr. Collins' good efforts--so I thank the gentleman from Georgia for
his contribution. Finally, the legislation will expand our cooperation
with Israel on energy research and development.
I urge all Members to support this legislation.
Mr. SMITH of New Jersey. Mr. Speaker, I'd like to thank my colleagues
Ms. Ros-Lehtinen and Mr. Deutch who worked on the House version of this
much-needed and timely bill.
This substantive bill expands our relationship with our closest ally
by formally declaring Israel a ``major strategic partner'' of the U.S.
It provides for increased cooperation in many spheres, including
homeland security, cyber security, defense and intelligence, as well as
water, energy, agriculture, and alternative fuels. This will send a
signal to Israel's enemies that, despite their manipulative and
dishonest global campaign against Israel, the U.S.-Israel relationship
continues to deepen--as it should. It is right and good for both of our
countries.
Mr. Speaker, this bill is largely a response to anti-Semitism--to
militant, military and terroristic, and profoundly evil expressions of
anti-Semitism. That's what poisons the hearts and minds of those who
launch rockets at Israel and tunnel under its borders.
As we see on a sickeningly regular basis, many governments in the
Middle East (and elsewhere) propagate anti-Semitic incitement as an
official or quasi-official state ideology--the hate that still kills.
They do this in order to distract people from their own authoritarian
rule and human rights abuses. This constant incitement is a major
factor in the security situation in the Middle East. In February of
last year I chaired a hearing at which we heard important testimony
from Dr. Zuhdi Jasser on this subject. He made the point that it is not
only Jews who suffer from this incitement, but that Muslims suffer too,
as Middle-Eastern despots deploy anti-Semitism as one of their
principal tools in the subjugation and impoverishment of entire Muslim
peoples.
Mr. Speaker, this bill fights the evil effects of anti-Semitism. I
urge my colleagues to support this outstanding bill.
Mr. GENE GREEN of Texas. Mr. Speaker, I rise today to support S.
2673, the U.S.-Israel Strategic Partnership Act of 2014.
I rise to reiterate my support of our strategic ally, and the only
true democracy in the Middle East, Israel.
I want to applaud my colleagues in the House and Senate for passing
this legislation. It is vital that Israel and the U.S. continue to
protect our shared values including our commitment to liberty, equality
and religious freedom.
I am pleased to offer my support to the legislation that shares
technology, prioritizes trade, exchanges information and intelligence
and expands the Iron Dome.
Israel's security should be our first priority but this includes more
than just weapons funding.
It requires joint-cooperation with the Israeli government and the
Israeli people.
When Israel's national interests are protected, the United States'
national security is enhanced.
Mr. Speaker, I have visited Israel almost a dozen times and each time
I visit I am reminded of the challenges faced by Israelis every day.
The Israeli people face these challenges with confidence and self-
assurance because they know they are an ally of the United States.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the
rules and pass the bill, S. 2673.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
EXECUTIVE ACTION
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 3, 2013, the gentleman from Georgia (Mr. Woodall) is recognized
for 60 minutes as the designee of the majority leader.
Mr. WOODALL. Mr. Speaker, I have got a heavy heart because I feel
like, in just the short time you and I have been in this body, we have
seen the same story play out more than once. You would like to think
that we would all learn from our mistakes in this body.
In fact, I don't fault any of my colleagues who make mistakes. I am
one of the folks who is guilty of having made a mistake before, Mr.
Speaker, and I am not going to put you in that same box; but, yes, I
have made a mistake before. The question isn't: ``Do you make
mistakes?'' The question is: ``What do you learn from your mistakes?''
As we go down this road of executive action, this conversation that
the country is having today, I feel like we have been down this road
before, and I want to try to connect a couple of those dots for folks
tonight, Mr. Speaker.
You can't see what I have here, but it is something that is near and
dear to your heart. It is article II, section 2, of the United States
Constitution.
It says:
The President shall have the power to fill up all vacancies
that may happen during the recess of the Senate by granting
commissions which shall expire at the end of their session.
Now, you wonder why this is important. It is just one paragraph in a
relatively lengthy and really meaty Constitution. The answer is because
it defines the relationship between the article I, Congress, and the
article II, White House.
It says, White House, if you want to make appointments to positions
of great power, of great authority, in the United States Government,
you must do so with the advice and consent of the United States Senate,
that the Senate must confirm all of those individuals the President
wishes to place in these positions of great power.
The President back in 2012, 2011, had some folks he wanted to appoint
to positions of great responsibility. One of those was to the National
Labor Relations Board. You will recall this, Mr. Speaker. The President
made some nominations, and the Senate said, ``No, this isn't going to
fly.''
Now, the President could have gone back and said: ``Do you know what?
If you don't like these nominees, this is an important job, it is an
important responsibility, I am going to appoint some different
nominees. I am going to put some different names out there. I am going
to work with you to try to find some folks we can agree on as the
Constitution requires.''
It is not what the President did. In fact, there is a pattern of that
not being what the President does.
What the President did instead of working with the Senate--what the
President did instead of offering some different names--what the
President did instead of trying to find common ground was he went to
this article II, section 2, of the United States Constitution and said:
``I have the power to fill these spots without anybody else's advice or
counsel, without anybody else's consent, as long as I do it during
recess.''
He woke up one morning, and he declared the Senate in recess, and he
[[Page 16538]]
made these appointments. Now, that would be all well and good, Mr.
Speaker, if the Senate had, in fact, been in recess, but the Senate was
not in recess.
I have here on a chart, Mr. Speaker, a quote from Senate Majority
Leader Harry Reid. It is November 16, 2007, when President Bush was
still the President of the United States. He, too, wanted to make some
nominations. The Senate then, as in 2012, disagreed with those
nominations and didn't want to appoint those people.
Senate Majority Leader Harry Reid said this:
The Senate will be coming in for pro forma sessions during
the Thanksgiving holiday to prevent recess appointments. My
hope is that this will prompt the President to see that it is
in our mutual interests for the nominations process to get
back on track.
Hear that, Mr. Speaker? Senate Majority Leader Harry Reid said to
then-President George Bush: ``I don't like the folks you are trying to
nominate. I disagree with you on those nominations, so I am going to
keep the Senate in, in pro forma session, to prevent you from
nominating those folks during a period of recess, to prevent you from
using article II, section 2. I hope that will encourage you to come and
work with us together to find folks who are mutually agreeable for
these positions.''
In November 2007, Harry Reid kept the Senate in session, these pro
forma sessions, all through the Thanksgiving holiday.
{time} 1915
I now bring you to December 19, 2007, later that same year. Again,
Senate Majority Leader Harry Reid said this: I could be a grinch. I
could tell the President that I would not move any nominations, given
his demand to make controversial recess appointments. But I am not
going to do that tonight, Mr. President. I am not going to meet
intransigence with intransigence. We will confirm those appointments
this evening, and I will keep the Senate in pro forma session to block
the President from doing an end run around the Senate and the
Constitution with his other controversial nominees.
Hear that: Getting ready to head home for Christmas, Senator Harry
Reid said to then-President George Bush: I will not let you do an end
run around the Constitution by appointing individuals to these powerful
positions across the government without the consent of the Senate. I
will not let you do it, and I will prevent you from doing it by keeping
the Senate in pro forma session during the holidays.
Pro forma session means you are in once every 3 days. That is how the
law defines it. You come in once every 3 days. It doesn't count as a
recess. Harry Reid knows this. It is the tool that he uses to prevent
then-President George Bush from doing, and I quote, an end run around
the Senate and the Constitution.
I found it fairly persuasive, Mr. Speaker. In fact, President George
Bush found it fairly persuasive. And this ended the argument because no
President has a vested interest in making an end run around the Senate
and the Constitution.
But President Obama didn't see things that same way. In January of
2012, faced with the exact same circumstances, Mr. Speaker, a Senate in
pro forma session designed specifically to prevent recess appointments,
the President woke up one morning in January and said: The Senate is,
in fact, in recess. They say that they are not, but they are wrong.
They, in fact, are. I am going to make four appointments today.
Now, you would think, having read what we read from Senate Majority
Leader Harry Reid, that the Senate would have melted down with
defenders of article I standing up and saying: Mr. President, we may
agree with your politics, we may agree with your policy, but we
disagree with this end run that you are making around the Senate and
the United States Constitution.
It is what you would have expected. It is what you would have hoped
for. But it is not what you got.
Senator Tom Harkin, when asked about those appointments, said the
President ``acted responsibly'' in making those appointments. He
``acted responsibly.''
This is the National Labor Relations Board we are talking about. So,
of course, the AFL-CIO commented that President Richard Trumka said the
President was ``exercising his constitutional authority to ensure that
crucially important agencies protecting workers and consumers are not
shut down.''
The Labor Secretary is one of those Members that had to be confirmed
by the United States Senate. Then-Labor Secretary Hilda Solis said:
``We can't afford to not move on very important issues that affect
working class people.'' We cannot afford not to move. We cannot afford
to allow the Constitution to get in the way of those things that we
would like to do.
This isn't sour grapes from a Republican in the U.S. House of
Representatives, Mr. Speaker. This case went to the Supreme Court. This
case went to the Supreme Court. And on that Court, of course, sit two
Obama appointees; two Clinton appointees sit there. Mr. Speaker, 2\1/2\
years later, 9-0 was the ruling from the Supreme Court that what the
President did was patently unconstitutional. Unconstitutional.
Now, this isn't a surprise to anyone. You will remember the words of
Harry Reid when he implemented these sessions to prevent recess
appointments. He said: I am not going to let the President do ``an end
run around the Constitution.'' The Constitution has these requirements.
Harry Reid knew it. President Bush knew it. Harry Reid knew it again in
2012. President Obama knew it in 2012, and he did it anyway, as then-
Labor Secretary Hilda Solis said: because we have important things that
we need to do, and we can't let things get in the way.
Quoting from that 9-0 decision, Mr. Speaker, Justice Breyer wrote the
majority opinion. He said: ``The recess appointments clause is not
designed to overcome serious institutional friction. Friction between
the branches is an inevitable consequence of our constitutional
structure.''
That bears repeating, Mr. Speaker. The ``clause is not designed to
overcome serious institutional friction. Friction between the branches
is an inevitable consequence of our constitutional structure.''
I don't even know if that captures it, Mr. Speaker. It is not really
an inevitable consequence. It is there by design. It is not an accident
that we have this friction. It is there by design.
This isn't the ranting of a sour grapes conservative Republican. This
is the unanimous decision of a Supreme Court that is as divided as any
Court we have seen in my lifetime.
But they unanimously said: President Obama, your goals are not what
we are litigating today. The process that you are using to achieve your
goals is unconstitutional. Why? Because Congress got in your way. And
instead of working with Congress, you went around Congress, and the law
doesn't allow for that.
Sound familiar, Mr. Speaker? Sound familiar? It took 2\1/2\ years to
litigate that case. It took 2\1/2\ years to get an answer from the
Supreme Court. In those 2\1/2\ years, over 400 cases were decided by
the National Labor Relations Board, now all invalidated by this Supreme
Court decision, lives thrown into turmoil.
Not one Senator, not one Democratic Senator, not one Senator from the
leadership spoke out to say: Mr. President, I may agree with your
politics, I may agree with your policies, but the way you are getting
them done is unconstitutional.
And every one of them knew it, just like the Supreme Court did, 9-0,
when they ruled 2\1/2\ years later.
Now fast-forward to today, Mr. Speaker. We are talking about
immigration. And we are not talking about good immigration policy,
because that is what we talk about in the Judiciary Committee. We are
not talking about immigration law in this country, because that is what
is decided in the House and the Senate. What we are talking about is
the President taking action on his own in an end run around the Senate,
an end run around the
[[Page 16539]]
House, an end run around the Constitution and implementing immigration
policy all by himself.
He was asked about that in a Univision town hall, Mr. Speaker. It was
March of 2011, and the question that was put to the President was:
``Mr. President, my question will be as follows: With an executive
order, could you be able to stop deportations of the students?''
Fair question. Fair question. A lot of folks out there have this
issue on their mind.
It was March of 2011, and this is what President Barack Obama said in
answer to the question: Mr. President, can't you just stop deportations
by executive order? The President said this: ``With respect to the
notion that I can just suspend deportations with executive order,
that's just not the case because there are laws on the books that
Congress has passed.''
The President was right on that day in March.
``I can't just do this by executive order,'' he told the questioner,
``because there are laws on the books that Congress has passed.'' He
says: ``Congress passes the law. The executive branch's job is to
enforce and implement those laws. Then the judiciary has to interpret
those laws. There are enough laws on the books by Congress that are
very clear in terms of how we have to enforce our immigration system
that for me to simply, through executive order, ignore those
congressional mandates would not conform with my appropriate role as
President.''
Those are not my words, Mr. Speaker. Those are President Barack
Obama's words. ``There are enough laws on the books by Congress that
are very clear''--very clear--``in terms of how we have to enforce our
immigration system that for me to simply, through executive order,
ignore those congressional mandates would not conform with my
responsibilities as President.''
Now, that is powerful, Mr. Speaker; but that is not even the most
interesting part of that response. He went on in that question and said
this:
That doesn't mean that we can't make decisions to emphasize
enforcement. It doesn't mean that we can't strongly advocate and
propose legislation that would change the law in order to make it fair
or more just and ultimately would help young people who are here trying
to do the right thing and whose talents we want to embrace in order to
succeed as a country. It doesn't mean that we can't work hard to change
the law. It just means that I, as President, don't have the ability to
do it by myself. The Constitution requires a team effort between
Congress and the White House.
Mr. Speaker, this wasn't just a one-time thing. This wasn't just a
quote that I pulled out of thin air. I am not trying to mischaracterize
the President's feelings.
November 2013, he is being heckled. He is giving a speech, and he is
being heckled by protesters who want him to do more in terms of
changing immigration law. You have just heard his last quote, where he
said, I can't do this by myself. Congress has to lead in this area. He
is being heckled; and he says this:
``What you need to know, when I'm speaking as President of the United
States and I come to this community, is that if, in fact, I could solve
all these problems without passing laws in Congress, then I would do
so.''
That is what he says to the heckler. He said: Sir, what you need to
know is, if I could, I would. If I could change these laws without
Congress, I would. But the Constitution doesn't allow for it.
President Obama went on to say:
``We're also a nation of laws. That's part of our tradition. And so
the easy way out is to try to yell and pretend like I can do something
by violating our laws. And what I'm proposing is the harder path, which
is to use our democratic processes to achieve the same goal that you
want to achieve. But it won't be as easy as just shouting. It requires
us lobbying and getting it done.''
Wow, Mr. Speaker. He is being heckled for his position on immigration
policy, and he says to the heckler: If I could do something about it, I
would, but I can't because America's tradition is a tradition of laws.
He says: It is not as easy as just one man deciding that he is going to
ignore the law or change the law. What it takes is hard work, working
with Congress, lobbying in Congress, working through legislation and
changing the laws. It is not as easy as one man deciding he doesn't
like the law, because our tradition is a tradition of law.
He goes on to that heckler, Mr. Speaker, and he says to him: If you
are serious about making that happen--that change happen, changing the
law--if you are serious about making that happen, then I am willing to
work with you, but it is going to require work.
He says: It is not simply a matter of us just saying we are going to
violate the law. That is not our tradition. The great thing about this
country, President Obama said, is we have this wonderful process of
democracy. And sometimes it is messy, and sometimes it is hard, but
ultimately, justice and truth win out. That has always been the case in
this country, and that is going to continue to be the case today.
Mr. Speaker, that was a year ago. That was a year ago that President
Obama said to the heckler wanting him to do unilateral immigration
action, he said it is not just a matter of us saying we are going to
violate the law. He said we have got this wonderful process, this
crazy, crazy process called democracy, where we go to the House and we
go to the Senate and we work to change the law. He says it is hard. He
says it is a hard process. It is a messy process. But ultimately, truth
and justice win out. And he is so right. He is so right.
Justice Breyer in that 9-0 decision, rebuking the President for
violating the Constitution, said: ``Friction between the branches is an
inevitable consequence of our constitutional structure.''
{time} 1930
We have been down this road before.
Mr. Speaker, I represent a community of immigrants, a vibrant,
wonderful, wonderful community of immigrants, folks who have stood in
line and paid their money, folks who have relatives overseas who have
been waiting in line 5 years, or 10 years, or 20 years, and I welcome
the opportunity to work with my colleagues to change the law to bring
fairness and justice to them. Oh, Mr. Speaker, I have got folks in my
district with big brains, big minds, strong work ethics, but the visas
they are here under don't allow them to go to work.
The President has proposed offering 4 million new work permits to
folks who have done it the wrong way. I have got folks in my district
who have done it the right way, waiting in line without the ability to
work.
Are there things on which we can agree? There absolutely are. But
isn't the first of those things that the President cannot unilaterally
change the law from 1600 Pennsylvania Avenue? He knew that was true in
2012. He knew that was true in 2013. What has changed about our 250-
year-old Constitution today that suddenly makes it okay? The silence in
this town is deafening from folks who know the right way, who know the
right way to pass a law, to change a law, to implement a law, and to
enforce a law in the America that you and I love, the America that we
inherited from patriots before us.
The President says it is sometimes messy and it is sometimes hard,
but the great thing about this country is we have this wonderful
process called democracy. Justice Breyer says, ``Mr. President you
might have forgotten a little bit about that democracy.'' And 9-0 the
Supreme Court says the Constitution was thrown by the wayside in the
President's zeal to implement his policies, in the President's zeal to
do, as Harry Reid described it, an end run around the Senate, and the
President's zeal to do, as Mr. Reid described it, an end run around the
Constitution.
Mr. Speaker, I welcome a policy debate with the President. I welcome
a partnership with the President to fix a
[[Page 16540]]
muddled immigration process that we have in this country today. We are
a land of immigrants. We always have been, and we always will be. And I
thrive on that. I celebrate that. But we are also a land of laws, a
sentiment the President has acknowledged and celebrated in years past
and a sentiment that just days after the last election the President
threw out the window in the spirit of the ends justifying the means.
I don't think the American people are going to let that stand, Mr.
Speaker. And I call on folks from the left and the right to be a part
of that chorus of voices. We are not having a debate tonight. We are
not having a debate tomorrow about policies of immigration reform. The
discussion we are having is about process. The discussion we are having
is about whether or not the Constitution matters. The discussion we are
having is, who writes the laws? Does Congress craft the laws and the
President signs them? Or does the President craft the laws and the
President signs them?
``It is not simply a matter of our saying we are going to violate the
law,'' the President said. ``The easy way is to yell and scream and
pretend that I can do something by violating our laws, but the better
path is the harder path,'' the President says. ``With respect to the
notion that I can just suspend deportation through executive order,
that is just not the case because there are laws on the books that
Congress has passed,'' the President says. ``There are enough laws on
the books by Congress that are very clear in terms of how we have to
enforce our immigration system that for me to simply through executive
order ignore those congressional mandates would not conform with my
appropriate role as President,'' President Obama says.
Nine to zero in defense of the Constitution the last time the
President decided he was going to go it alone, an end run around the
Senate, as Harry Reid says, an end run around the Congress, as Harry
Reid says. But it took 2\1/2\ years for the Supreme Court to sort that
out.
I think America deserves better, I think those trying to immigrate to
this country deserve better, I think those fighting for work back home
deserve better, and perhaps worst, Mr. Speaker, I think the President
knows better and has chosen the path he has chosen anyway. There is
still time to turn back on that decision, Mr. Speaker.
There is still time to engage in that partnership, to engage in that
messy, that hard, but that oh so rewarding process as the President has
described it that is the Constitution-defined democracy that we live in
today.
With that, Mr. Speaker, I yield back the balance of my time.
____________________
NO INDICTMENT IN ERIC GARNER'S CHOKE HOLD CASE
The SPEAKER pro tempore (Mr. Brat). Under the Speaker's announced
policy of January 3, 2013, the Chair recognizes the gentleman from
Georgia (Mr. Johnson) for 30 minutes.
Mr. JOHNSON of Georgia. Mr. Speaker, I rise tonight, ladies and
gentlemen, with a heavy heart because today we had a secret grand jury
finding in New York that resulted in no charges against the police
officer who killed an unarmed man named Eric Garner, a man whom they
accused of trying to sell some cigarettes. That man was approached by
law enforcement on the streets of New York, and when approached, he
said that he had not done anything wrong. He held his hands up in the
hands up, don't shoot position, and they took him down while his hands
were up and applied a choke hold, an illegal choke hold, and applied it
until the man took his last breath.
What did Eric Garner say 13 times before he died? What did he say 13
times before he died? He said, ``I can't breathe. I can't breathe. I
can't breathe.'' And he said that over and over again until he could
not breathe. He took his last breath just like Michael Brown, accused
of stealing some cigarettes--or cigars, excuse me--Michael Brown,
accused of stealing some cigars, Eric Garner, accused of selling some
cigarettes. I don't know when possession and/or sale of tobacco merited
a death penalty in this country, but both of them, both of those cases
involved tobacco products. Both of them involved men--Black men--with
their hands up in the ``don't shoot'' position. Both of them were
killed. Both cases were handled in a secret grand jury process. We
don't know the names of the grand jurors, we don't know what went on in
that grand jury room, although we do have the transcript in the Michael
Brown case, and it shows that a lot of injustice was done in that grand
jury room which resulted in an unjust no bill against the police
officer involved in that case.
We don't know what happened in the New York case, but we got a
result, a no bill against that police officer who was caught on tape
just like in the Rodney King case, all caught on tape, Eric Garner
caught on tape, the killing, but still no justice done. Cameras are not
the sole answer, it appears. It runs deeper than a camera.
These are dark days, ladies and gentlemen, that we are living in
today. The first African American President is treated like no other
President has ever been treated before. Is this a symptom of the Obama
backlash that is occurring in this country? Is there any connection
between what we see happening in the streets of Ferguson and on the
streets of New York, with what is going on with the dehumanization of
the leader of the free world?
First they said he was not a resident, not a citizen of this country.
Then they said he was a Communist, a socialist. They accused him of
being weak and indecisive as a President and not really having the
intellectual capacity to be the President. Now they are saying he was a
Muslim. Now they are saying that he is an emperor, a king, disregarding
the Constitution. Where are we in America when it comes to Black males
and how we treat them and how they end up faring in life?
Is it our fault? Yes, we do have responsibility. We can always do
better. But don't put your foot on my neck and tell me that it is my
fault that your foot is on my neck. People are tired of seeing what is
happening over and over again. A young, 12-year-old Black male with a
BB gun at a park on the streets and a police car rolls up, a police
officer gets out and immediately shoots the young man and kills him.
Will that go to another secret grand jury process and have the same
result as what we saw with Michael Brown and Eric Garner? It is
happening throughout the streets of the Nation.
I tell you, I have been gratified by the protesters. I have seen
protesters out there. It has been Black and White protesters out there
demonstrating peacefully being met with a militarized response. And I
say that to say this, that I am going to paraphrase something that you
will probably be familiar with:
They first came for the gypsy, and I wasn't a gypsy, and I
didn't say anything. Then they came for the Jews, and I was
not a Jew, and so I didn't say anything. Then they came for
the women, and I wasn't a woman, and I didn't say anything.
Then they came for me, and there was nobody left to say
anything.
Is that where we are headed in this country, ladies and gentlemen?
Because there are all kinds of people out peacefully protesting, and
that is what I advocate for, peaceful protests. Violence is not the
way. Violence just produces more pain and agony. Violence is not the
way. Nonviolence is the way that we must confront this because really,
when you move past the fact that Black males are at the bottom of the
totem pole, and we are the ones who bear the brunt, these who come to
aid us are in the line of fire also.
{time} 1945
What happens to one of us happens to all of us. If not you now, then
what happens tomorrow when you come to my assistance? So we all are our
brother's keeper.
Right now, we are operating under an economic philosophy in this
country that only the strong survive. If you are weak, it is your
fault, and I don't owe you anything. Don't ask me for nothing. You get
yours. I got mine; you get yours. Don't worry about me. Don't ask me
for nothing.
That is the economic attitude that we have that we are trying to
preserve
[[Page 16541]]
and protect in this hallowed body here. It is called laissez-faire
capitalism, and it is supported by the U.S. Supreme Court that has
contorted itself in such ways so as to rule in ways that enable a
corporation to become a person.
When we have a corporation having a right to free speech and having
unlimited funds and unlimited duration and we have a corporation that
has a right to religious freedom, so that it can dictate to its
employees their religious beliefs--it doesn't even make sense for a
corporation to have a religious belief, but that is what our Supreme
Court has found--and every other way that it can aid corporations to
become richer.
The rich get richer, and the poor get poorer, and I don't owe you a
thing--you are on your own. That is what they want us to believe, but
it is time for people--for us to come together. It is all about
economics.
They put Blacks against Whites, poor Whites and poor Blacks against
each other, and then they are going to the bank in the Brink's truck,
and we are sitting, pointing fingers at ourselves, when we are all in
the same boat together, the 99 percent--or the 47 percent, as one of
our Presidential candidates most famously talked about in the last
election. I am proudly one of those 47 percent, and I represent the 47
percent that is really the 99 percent.
So this extrajudicial killing of Black men has to end. If not, then
what is going to happen to you tomorrow?
With that, I yield back the balance of my time.
____________________
IMMIGRATION
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 3, 2013, the Chair recognizes the gentleman from Texas (Mr.
Gohmert) for 30 minutes.
Mr. GOHMERT. Mr. Speaker, I would like to associate myself with the
words of my colleague, the gentleman from Georgia (Mr. Woodall). I
think this body has been blessed by Rob Woodall being here, and his
words tonight just reinforce that.
The President has declared an amnesty. The law of the land is if
someone is in this country illegally, they are not allowed to legally
work. To change that law requires a bill. As Saturday Night Live
pointed out in their version of Schoolhouse Rock, a bill has to pass
the House, it has to pass the Senate, and then it goes to the President
and gets his signature if it is going to change existing law.
For anyone to just pronounce ``here is the new change'' is an
indiscriminate approach to changing the law without following the law.
I believe such an indiscriminate approach would be both
unwise and unfair. It would suggest to those thinking about
coming here illegally that there will be no repercussions for
such a decision, and this could lead to a surge in more
illegal immigration, and it would also ignore the millions of
people around the world who are waiting to come here legally.
Ultimately, our Nation, like all nations, has the right and
obligation to control its borders and set laws for residency
and citizenship, and no matter how decent they are, no matter
their reasons, the 11 million who broke these laws should be
held accountable. That is what I believe.
All of the words--every one of the words I just spoke, beginning with
``I believe such an indiscriminate approach would be both unwise and
unfair''--were words directly out of the mouth of the United States of
America's Barack Hussein Obama.
He was right. In everything he said in that quote, he was exactly
right. There are millions of people lined up around the world who are
wanting to come here legally. Most of those who would be coming would
have to have some way to support themselves; yet the President spoke
into law and signed his oral fiat saying: ``You know what, I am going
to disregard everything I have previously said that was exactly right,
change the law without a bill going to the House or the Senate or
without coming to me for my signature after it has passed both.''
Our President also said:
I take the Constitution very seriously. The biggest
problems that we are facing right now is the President trying
to bring more and more power into the executive branch and
not go through Congress at all, and that is what I intend to
reverse when I am President of the United States of America.
The trouble is he said that on March 31, 2008, and when he became
President, he forgot that promise. Somebody needs to get that promise
in front of him again.
Also, in 2008, before he got elected, he said:
We have got a government designed by the Founders so there
will be checks and balances. You don't want a President who
is too powerful or a Congress that is too powerful or a court
that is too powerful. Everybody has got their role. Congress'
job is to pass legislation. The President can veto it or he
can sign it.
Senator Obama said:
I believe in the Constitution, and I will obey the
Constitution of the United States. We are not going to use
signing statements as a way of doing an end-run around
Congress.
I had a practice court instructor at Baylor Law School. He was an
incredible trial lawyer before he came to be a professor at Baylor Law
School. He talked even slower than I talk. I can still hear Matt Dawson
saying, when he caught a witness saying something different one time
than he said another time, he would say to the witness: ``Well, were
you lying then, or are you lying now?''
Let the shoe fit on the foot that wears that size.
Now, there has been a lot of talk about the law, and I have been
called anal and everything else around this House floor, even by people
in my party, for actually reading bills and reading laws, but 8 United
States Code section 1324a(a)(1) says:
It is unlawful for a person or other entity--(A) to hire,
or to recruit or refer for a fee, for employment in the
United States an alien knowing the alien is an unauthorized
alien, as defined in subsection (h)(3) of this section, with
respect to such employment; or (B) (i) to hire for employment
in the United States an individual without complying with the
requirements of subsection (b) of this section; or (ii) if
the person or entity is an agricultural association,
agricultural employer, or farm labor contractor, to hire, or
to recruit or refer for a fee, for employment in the United
States an individual without complying with the requirements
of subsection (b) of this section.
Basically, it makes clear, and it is easier for me to see it in
print, but when I see it in print, it is very clear, it is illegal for
someone to get a job in America who is not an authorized alien.
If you are an illegal alien or an unauthorized alien, as the language
is here, then you are not entitled, it is illegal for you to get a job
in the United States, and it is illegal for someone to hire you.
It really raises an interesting question, and I haven't seen this in
the President's fiat, the royal decree that he made, I haven't seen if
he is providing amnesty for every employer that hires someone who is
here illegally because the President is saying, basically, ``I'm giving
you amnesty, so you can go work wherever you want to,'' but as the law
makes clear in section 1324 of volume 8 of the United States Code, it
is illegal to hire someone that is illegally in the country.
Is the President going to pardon every employer that hires one of the
5 million that is going to get a permit? We know that the President
wants to give pardons to folks who are here illegally, but the trouble
is a pardon doesn't work for someone wanting to grant legal status. A
pardon only works if you want to forgive a crime that has been
committed, like President Clinton did.
President-elect George W. Bush and Vice President Cheney, he kept
them waiting. The service was supposed to start, and President Clinton
was over there, just signing pardons as fast as he could. It took him a
while to get that done.
He left President-elect George W. Bush and Vice President Cheney
waiting. They were late starting the service that day on Inauguration
Day for George W. Bush because he was signing those pardons as fast as
he could, because he had to sign the individual pardons.
Well, the President hasn't signed 5 million pardons, and even if he
did, a pardon forgives the committing of a crime. It does not change
the status of
[[Page 16542]]
someone that is illegally in the country. A pardon pertains to criminal
law.
The changing of status is under naturalization and immigration, and
that power is strictly reserved to this House and the body down the
hall, the U.S. Senate.
{time} 2000
We have the power under article I, section 8, to make the law on
those things; the President does not. And there is no provision that
allows him to pardon someone from the requirements of the
naturalization or immigration laws.
Now, something else caught my attention. It is down in the
miscellaneous provisions of section 1324, because I am always looking:
Okay, does the President have a loophole here? And at first I thought
maybe he did. It turns out he doesn't. But under the definition of
``unauthorized alien,'' it says:
As used in this section, the term ``unauthorized alien''
means, with respect to the employment of an alien at a
particular time, that the alien is not at that time either:
A) an alien lawfully admitted for permanent residence, or
B) authorized to be so employed by this chapter or by the
attorney general (now the Secretary of Homeland Security).
So I thought maybe this is their loophole here that the President
might try to use, even though that is not what was said in a basis that
was provided.
But then when you get over here, it says this exception may not be
provided to the alien unless the alien is lawfully admitted for
permanent residence or otherwise would, without regard to removal
proceedings, be provided such authorization.
So again, it kicks it back to the law as Congress has decreed it in
the past, by both Houses passing it with a majority and a President
previously signing it, that you have to follow the law in order to get
this lawful permanent resident status. You have to be lawfully
admitted. You are not even eligible for that miscellaneous exception
under section 1324.
There are people that have violated the law to come into the country
in such a way that it is not necessarily a crime, but if they go to
work, under volume 8 of the United States Code, section 1324, it will
be a crime for anybody that hires them, and it will be a crime for
them. That is where the crime may get committed.
I guess at that time if the President wants to sign 5 million pardons
for 5 million employers, well, he could do that. He has that authority
under the Constitution. He can sign pardons for all 5 million employers
that employ people who are unauthorized aliens in this country. No
matter what the President gives them under the law, that person is
still an unauthorized alien under this criminal provision.
There are some interesting days ahead, and the statute of limitations
will not have run out when a new President comes into office. The only
way that wouldn't happen is if the President got a third term, and, of
course, we know that would be as unconstitutional as the President
legislating, and surely that wouldn't happen.
Now, it is interesting, too, that in the manner in which the
President has given this amnesty and is authorizing these work permits,
he has actually doubled down legally on his violation of the law
previously under DACA in which he had said that--well, this is the way
he doubled down on it. Basically, he expands his previous
unconstitutional action that the House passed a law the last week of
July canceling but the Senate didn't take it up. That is why, when the
President says Congress hadn't done anything, the House did. They
talked about the Senate passing a comprehensive bill, and they forget
to mention that the Senate's bill is unconstitutional. We are not
allowed to take it up because it raised revenue, and under the
Constitution, such a bill has to originate in the House.
If the Senate gets around to sending it down here, we don't get to
bring it on the floor. It would be what is called ``blue slipped,''
where you put a blue slip on there and say the House cannot take this
up. It raises revenue. It has to originate in the House. Therefore, the
House is not allowed to take it up.
Since the Senate passed a bill that was not allowed under the
Constitution, we took one up ourselves and we passed that one, and it
was constitutional and it was a good bill. There was more that needed
to be done, but for what it did, it was a good bill. It dealt largely
with securing our border. Because the question people are not asking
and the President is not answering is a very important question.
If this act of amnesty, unconstitutional, illegal as it is, if this
act of amnesty is allowed to stand, and obviously the border is not
secure, we still have thousands and thousands continuing to come across
our border illegally, and nowadays nobody apparently is being turned
away, then the big question I am getting to that has to be answered is:
How often should we go ahead and have an amnesty? Because clearly,
since the President has chosen to provide an amnesty unconstitutionally
without securing the border first--and the vast majority of Americans
do, and even a majority of our Hispanic friends that are legally here
want the border secure before we do anything else.
I have said over and over, if the President will just secure the
border, as we get confirmed by the border States, not by anybody over
at Homeland Security--we have already seen their kind of work, at least
the people at the top--but if it is confirmed by the border States that
the borders are now factually secured, then people would be amazed at
what the House and the Senate can negotiate on and get accomplished.
But until the border is secured, then we have to decide, if this
amnesty is going to stand, as unconstitutional and as illegal as it is,
how often should we give an amnesty? The President has given amnesty to
5 million this time. And, of course, those 5 million are in this time
where there is already over 92 million people of working age who are
not working, they have given up even trying to get a job, and there are
millions more that are looking for jobs and can't find them. So we will
put 5 million Americans out of work, middle class, poor working
Americans that are legally here. They will be put out of work. Why?
Because people that have just gotten an amnesty, as unconstitutional as
it is, they will surely take jobs for lesser pay than what the American
citizens or legal permanent residents were getting paid, so they will
bump them out of a job.
And then also for any employer that hires more than 50 employees,
they have learned over the last few years since ObamaCare passed,
actually in 2010, employers have learned if you have got more than 50
employees, then you are going to end up paying a $3,000 fine for
anybody that you don't provide what the Federal Government considers
adequate insurance for.
So, for example, today, our friend Dennis Michael Lynch was pointing
out that he has about 200 or so employees that are either American
citizens or legally here, and the law is clear he is going to have to
provide insurance that is approved by this government. That means even
if they are 60 years old and they are a single man, they are going to
have to have maternity coverage. Or as the couple I saw on TV, the gay
or lesbian couple, women in their sixties, saying, ``We don't need
maternity care.'' Well, it won't matter because they require it.
If you don't provide that very expensive insurance for your
employees, if you have more than 50 employees, then you are going to be
paying the $3,000 fine, penalty. As Chief Justice Roberts called it at
page 14 and 15 of his opinion, clearly it is not a tax, it is a
penalty, it is a fine. Never mind what he said 40 pages later. But you
are going to have to pay this fine, this penalty, of $3,000 per
employee.
So for somebody like our friend Dennis Michael Lynch, this President
has, by his act of amnesty, conveyed to Dennis Michael Lynch: If you
will let those 200 American citizens or legal permanent residents who
have done everything the right way, if you will allow them to be fired,
let them go, and then hire these people who are illegally
[[Page 16543]]
in the country, then my administration has put in place a law called,
informally, ObamaCare that will save you $600,000.
So basically, Dennis Michael Lynch, how would you like to take home
an extra $600,000 this next year? All you have got to do is let your
American citizens go, hire people illegally in the country, because
under this royal decree from the White House they don't have to be
provided insurance.
So Dennis Michael Lynch can save at least $600,000. It may be he had
300 employees, in which case he gets to pocket an extra $900,000 if
he'll just let the American citizens go and hire those folks that are
illegally here. And since there are 5 million of those folks that are
going to be looking for jobs, then 300 is a drop in the bucket compared
to the 5 million. But $600- to $900,000 for one person in extra income,
that is some serious money. Even for people in Congress, that is
serious money.
But that also doesn't address the issue of whether or not Dennis
Michael Lynch, if he went ahead and did that and made himself an extra
$600- to $900,000 next year, it doesn't address the issue of whether a
new President that comes in in January of 2017 might have their Justice
Department actually follow the law, and even though might not be able
to pursue the aliens illegally here that got jobs, certainly would be
able to prosecute the employers.
But here again, the President could do what President Clinton did and
leave his successor sitting there waiting on Inauguration Day while he
signs 5 million pardons, and he could do that. That doesn't seem to
have been this
administration's history. If you get thrown under the bus, someone else
has said before: When this administration throws you under the bus,
they mean for you to stay there. So you probably shouldn't count on a
pardon in the future for people that violate the law and don't have a
pardon in their hand before this President leaves office.
Now, there has been a lot of discussion among Republicans here in the
House and among some of our friends. In fact, some of us have been
talking tonight about what is the best way to address this
unconstitutional amnesty. And I know our leadership has talked about,
well, we could fund all of the government with an omnibus, taking
appropriations bills that have been done already by the House--there
have been seven of those--adding four to them, and then not funding the
Department of Homeland Security and only funding them until March, and
then by March of next year we could try to overturn the amnesty action
taken by the President.
{time} 2015
Most of us believe if those permits are issued before Congress stops
them, it is going to be difficult to get enough votes to withdraw the
permits. Once they are out there, it is going to be so tough to get
them withdrawn. Some of us have been saying we don't think we can wait
until March because, if you wait until March, there is a real risk that
permits are done.
Maybe if we just do a short-term CR until January, when we get the
new Senate in, then we can act on that, but another problem there is
that it is not just the Department of Homeland Security that is
involved in this process for people that are here illegally.
You have the Department of Homeland Security. You also have the
Bureau of Consular Affairs that is involved in this unconstitutional
amnesty. That is the State Department that is involved. You have the
Department of Defense that has been involved in housing for the next
influx of people as they flood in. DOD housed many of those people
initially.
You have got Health and Human Services, who takes custody of minors
that come in and ships them all over the country. You have got Social
Security that is going to be issuing Social Security numbers. You have
got the Department of Justice and CJS for immigration court processing.
You have got HUD for housing.
There are a lot of issues here, and as somebody once said, you should
never take a hostage that the other person you are trying to influence
by taking hostage is willing for you to shoot. It doesn't do you much
good to take a hostage that the other side wants you to shoot.
We need to be concerned that if we say, ``All right. We are not
funding the Department of Homeland Security until you cease this
illegal and unconstitutional action,'' the President might say, ``So
you mean you're not going to fund the Border Patrol? In other words,
you're going to leave the border wide open, so that anybody wants to
come in, can. And that's your threat. You are going to leave the border
wide open for anybody to come in unless I back off of my amnesty.''
Well, good luck. That is not going to do the trick. We need a short-
term CR to get us into the first of the year. For example, the House
has defunded ourselves over a 4-year period by over 20 percent. We cut
our own budgets over 20 percent. Nobody noticed, nobody cared, except
those of us in the House. We had to make real adjustments.
If we can make those adjustments, I think the White House ought to be
able to make those adjustments. Maybe they could do with a few less
czars--maybe we defund all the czars--but there are smart ways to
defund the waste, fraud, and abuse in the executive branch, and I don't
think it is a good idea to start with Homeland Security.
At the same time, what happens when those employers that hire the 5
million people that have just been given amnesty are able to save
millions of dollars? What happens to them? They are going to make more
money than ever, and that is during a President's administration who
has presided for the first time in our history over a Nation where 95
percent of all the income has gone to the top 1 percent. It has got to
stop.
With that, I yield back the balance of my time.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess subject to the call of the Chair.
Accordingly (at 8 o'clock and 19 minutes p.m.), the House stood in
recess.
____________________
{time} 2139
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Burgess) at 9 o'clock and 39 minutes p.m.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF THE SENATE
AMENDMENT TO H.R. 3979, PROTECTING VOLUNTEER FIREFIGHTERS AND EMERGENCY
RESPONDERS ACT OF 2014; PROVIDING FOR CONSIDERATION OF H.R. 5759,
EXECUTIVE AMNESTY PREVENTION ACT OF 2014; AND PROVIDING FOR
CONSIDERATION OF H.R. 5781, CALIFORNIA EMERGENCY DROUGHT RELIEF ACT OF
2014
Mr. NUGENT, from the Committee on Rules, submitted a privileged
report (Rept. No. 113-646) on the resolution (H. Res. 770) providing
for consideration of the Senate amendment to the bill (H.R. 3979) to
amend the Internal Revenue Code of 1986 to ensure that emergency
services volunteers are not taken into account as employees under the
shared responsibility requirements contained in the Patient Protection
and Affordable Care Act; providing for consideration of the bill (H.R.
5759) to establish a rule of construction clarifying the limitations on
executive authority to provide certain forms of immigration relief; and
providing for consideration of the bill (H.R. 5781) to provide short-
term water supplies to drought-stricken California, which was referred
to the House Calendar and ordered to be printed.
____________________
LEAVE OF ABSENCE
By unanimous consent, leave of absence was granted to:
Mr. Aderholt (at the request of Mr. McCarthy of California) for today
on account of a family illness.
[[Page 16544]]
Mr. Doyle (at the request of Ms. Pelosi) for today on account of
family medical issues.
____________________
SENATE BILL REFERRED
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1237. An act to improve the administration of programs
in the insular areas, and for other purposes; to the
Committee on Natural Resources; in addition to the Committee
on Energy and Commerce and the Committee on Education and the
Workforce and the Committee on Financial Services and the
Committee on Transportation and Infrastructure and the
Committee on Oversight and Government Reform for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
____________________
ENROLLED BILL SIGNED
Karen L. Haas, Clerk of the House, reported and found truly enrolled
a bill of the House of the following title, which was thereupon signed
by the Speaker:
H.R. 2203. An act to provide for the award of a gold medal
on behalf of Congress to Jack Nicklaus, in recognition of his
service to the Nation in promoting excellence, good
sportsmanship, and philanthropy.
____________________
ADJOURNMENT
Mr. NUGENT. Mr. Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 9 o'clock and 41 minutes
p.m.), under its previous order, the House adjourned until tomorrow,
Thursday, December 4, 2014, at 9 a.m.
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 2 of rule XIV, executive communications were taken from
the Speaker's table and referred as follows:
8134. A letter from the Secretary, Securities and Exchange
Commission, transmitting the Commission's ``Major'' final
rule -- Regulation Systems Compliance and Integrity [Release
No.: 34-73639; File No.: S7-01-13] (RIN: 3235-AL43) received
December 1, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Financial Services.
8135. A letter from the Director, Regulations Policy and
Management Staff, Department of Health and Human Services,
transmitting the Department's ``Major'' final rule -- Food
Labeling; Nutrition Labeling of Standard Menu Items in
Restaurants and Similar Retail Food Establishments [Docket
No.: FDA-2011-F-0172] (RIN: 0910-AG57) received December 1,
2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Energy and Commerce.
8136. A letter from the Director, Regulations Policy and
Management Staff, Department of Health and Human Services,
transmitting the Department's ``Major'' final rule -- Food
Labeling; Calorie Labeling of Articles of Food in Vending
Machines [Docket No.: FDA-2011-F-0171] (RIN: 0910-AG56)
received December 1, 2014, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
8137. A letter from the Secretary, Department of Commerce,
transmitting the Periodic Report on the National Emergency
Caused by the Lapse of the Export Administration Act of 1979
for February 26, 2014, to August 25, 2014; to the Committee
on Oversight and Government Reform.
8138. A letter from the Secretary, Department of
Transportation, transmitting the Semiannual Report of the
Office of Inspector General for the period ending September
30, 2014; to the Committee on Oversight and Government
Reform.
8139. A letter from the Secretary, Department of the
Treasury, transmitting the Agency Financial Report for FY
2014; to the Committee on Oversight and Government Reform.
8140. A letter from the Chairwoman, Federal Trade
Commission, transmitting the semiannual report on the
activities of the Office of Inspector General for the period
from April 1, 2014, through September 30, 2014, pursuant to 5
U.S.C. app. (Insp. Gen. Act), section 5(b); Public Law 95-
452, section 5(b); to the Committee on Oversight and
Government Reform.
8141. A letter from the Deputy Assistant Administrator for
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Revisions to Framework Adjustment 51 to the Northeast
Multispecies Fishery Management Plan and Sector Annual Catch
Entitlements; Updated Annual Catch Limits for Sectors and the
Common Pool for Fishing Year 2014 [Docket No.: 140624530-
4848-01] (RIN: 0648-XD354) received November 24, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
8142. A letter from the Deputy Assistant Administrator for
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Western Pacific Pelagic Fisheries; U.S. Territorial Catch
and Fishing Effort Limits [Docket No.: 130708597-4380-01]
(RIN: 0648-BD46) received November 24, 2014, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Natural Resources.
____________________
REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:
Mr. MILLER of Florida: Committee on Veterans' Affairs. H.R.
4971. A bill to direct the Secretary of Veterans Affairs to
conduct annual surveys of veterans on experiences obtaining
hospital care and medical services from medical facilities of
the Department of Veterans Affairs, and for other purposes;
with an amendment (Rept. 113-645). Referred to the Committee
of the Whole House on the state of the Union.
Mr. NUGENT: Committee on Rules. House Resolution 770.
Resolution providing for consideration of the Senate
amendment to the bill (H.R. 3979) to amend the Internal
Revenue Code of 1986 to ensure that emergency services
volunteers are not taken into account as employees under the
shared responsibility requirements contained in the Patient
Protection and Affordable Care Act; providing for
consideration of the bill (H.R. 5759) to establish a rule of
construction clarifying the limitations on executive
authority to provide certain forms of immigration relief; and
providing for consideration of the bill (H.R. 5781) to
provide short-term water supplies to drought-stricken
California (Rept. 113-646). Referred to the House Calendar.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions of the
following titles were introduced and severally referred, as follows:
By Mr. CARTWRIGHT (for himself, Mr. Ribble, Mr.
Hinojosa, Ms. Norton, Ms. Schwartz, Mr. Smith of
Washington, Ms. Titus, Ms. Tsongas, and Mr. Hastings
of Florida):
H.R. 5783. A bill to amend the Social Security Act, the
Food and Nutrition Act of 2008, and the Low-Income Home
Energy Assistance Act of 1981 to require that the value of
child's savings accounts be disregarded for the purpose of
determining eligibility to receive benefits under such Acts;
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committees on Agriculture, Energy and
Commerce, and Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. McKINLEY (for himself and Ms. Titus):
H.R. 5784. A bill to amend title 38, United States Code, to
authorize the Secretary of Veterans Affairs to provide
additional educational assistance under the Post-9/11
Educational Assistance Program of the Department of Veterans
Affairs to certain eligible individuals; to the Committee on
Veterans' Affairs.
By Mr. GRAYSON:
H.R. 5785. A bill to amend the Internal Revenue Code of
1986 to make permanent the exclusion from gross income of
discharges of qualified principal residence indebtedness; to
the Committee on Ways and Means.
By Mr. LANKFORD (for himself and Mr. Welch):
H.R. 5786. A bill to amend certain banking statutes to
exempt community banks from certain regulatory requirements,
to include a community bank representative in the membership
of the Board of Governors of the Federal Reserve System, to
create a process for a county to be designated as a rural
area, and for other purposes; to the Committee on Financial
Services.
By Mr. DANNY K. DAVIS of Illinois (for himself and Mr.
Griffin of Arkansas):
H.R. 5787. A bill to amend the Internal Revenue Code of
1986 to exclude payments received under the Work Colleges
Program from gross income, including payments made from
institutional funds; to the Committee on Ways and Means.
By Mr. HUELSKAMP:
H.R. 5788. A bill to designate the Junction City Community-
Based Outpatient Clinic located at 715 Southwind Drive,
Junction City,
[[Page 16545]]
Kansas, as the Lieutenant General Richard J. Seitz Community-
Based Outpatient Clinic; to the Committee on Veterans'
Affairs.
By Mr. SENSENBRENNER:
H.R. 5789. A bill to establish a system for integration of
Rapid DNA instruments for use by law enforcement to reduce
violent crime and reduce the current DNA analysis backlog; to
the Committee on the Judiciary.
By Mr. YOUNG of Indiana:
H.R. 5790. A bill to authorize the Director of the National
Institutes of Health to design and enter into agreements for
the implementation of prize competitions with the goal of
improving health outcomes and thereby reducing Federal
expenditures; to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. McCAUL:
H. Con. Res. 120. Concurrent resolution authorizing the use
of Emancipation Hall in the Capitol Visitor Center for a
ceremony to present the Congressional Gold Medal to the World
War II members of the Civil Air Patrol; to the Committee on
House Administration. Considered and agreed to.
____________________
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 7 of rule XII of the Rules of the House
of Representatives, the following statements are submitted
regarding the specific powers granted to Congress in the
Constitution to enact the accompanying bill or joint
resolution.
By Mr. CARTWRIGHT:
H.R. 5783.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 2: The Congress shall have
power to lay and collect taxes, duties, imposts and excises,
to pay the debts and provide for the common defense and
general welfare of the United States; but all duties, imposts
and excises shall be uniform throughout the United States;
Article I, Section 8, Clause 3: To regulate commerce with
foreign nations, and among the several states, and with the
Indian tribes;
By Mr. McKINLEY:
H.R. 5784.
Congress has the power to enact this legislation pursuant
to the following:
The bill is authorized by Congress' power to ``provide for
the common Defense and general Welfare of the United States''
pursuant to Article I, section 8 of the United States
Constitution.
By Mr. GRAYSON:
H.R. 5785.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8 of the Constitution of the United
States.
By Mr. LANKFORD:
H.R. 5786.
Congress has the power to enact this legislation pursuant
to the following:
Congress has the explicit constitutional authority to
regulate commerce ``with foreign Nations, and among the
several States, and with Indian tribes:'' as enumerated in
Article 1, Section 8, Clause 3, of the United States
Constitution.
By Mr. DANNY K. DAVIS of Illinois:
H.R. 5787.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, which states ``The Congress shall
have Power To lay and collect Taxes. . .,'' and Article I,
Section 7, which states ``All Bills for raising Revenue shall
originate in the House of Representatives.''
By Mr. HUELSKAMP:
H.R. 5788.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 18 ``The Congress shall have
Power to make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powes, and all
other Powers vested by the Constitution in the Government of
hte United States, or in any Department or Officer thereof''
By Mr. SENSENBRENNER:
H.R. 5789.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clause 3
By Mr. YOUNG of Indiana:
H.R. 5790.
Congress has the power to enact this legislation pursuant
to the following:
This bill is enacted pursuant to the power granted to
Congress under Article 1, Section 8, Clause 1 of the United
States Constitution.
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions, as follows:
H.R. 352: Mr. Pittenger.
H.R. 597: Ms. DeLauro.
H.R. 942: Mr. McHenry, Mr. Smith of Texas, Mr. Collins of
Georgia, Ms. Michelle Lujan Grisham of New Mexico, Mrs.
Napolitano, Mr. Himes, Mr. Lipinski, and Ms. Brownley of
California.
H.R. 1015: Mr. Cummings and Mr. Quigley.
H.R. 1094: Ms. DeGette.
H.R. 1229: Mr. Richmond, Mr. Pocan, Mr. Lynch, Mr. Hastings
of Florida, and Mr. Ellison.
H.R. 1998: Ms. DeGette.
H.R. 2288: Mr. Rangel.
H.R. 2591: Mr. Johnson of Georgia.
H.R. 2907: Mr. Salmon.
H.R. 2994: Mr. Doggett, Mr. Lewis, Mr. Shuster, Mr. Ross,
Ms. Meng, Mrs. Davis of California, Mr. Schiff, Mr.
Perlmutter, Mrs. Capps, Ms. Esty, Mr. Cummings, and Mr.
Fleming.
H.R. 3116: Mr. Frelinghuysen, Mr. Capuano, and Mrs.
Walorski.
H.R. 3172: Mr. Honda.
H.R. 3836: Mr. Foster, Mr. Costa, and Mrs. Lummis.
H.R. 4122: Ms. Lofgren.
H.R. 4188: Mr. Ruiz.
H.R. 4341: Mr. Hastings of Florida, Mr. Ellison, Mr. Lewis,
Ms. Kaptur, Mr. Matheson, Ms. Matsui, and Mr. McGovern.
H.R. 4395: Mr. Price of North Carolina and Ms. Brownley of
California.
H.R. 4752: Mr. Rangel.
H.R. 4842: Ms. Lofgren.
H.R. 4851: Mr. Himes.
H.R. 4930: Ms. Edwards, Mr. Coffman, Ms. Loretta Sanchez of
California, and Mr. Neal.
H.R. 4951: Ms. DelBene.
H.R. 4969: Mr. DeFazio.
H.R. 5082: Mr. Thompson of California.
H.R. 5197: Ms. Kaptur.
H.R. 5226: Mr. Cooper.
H.R. 5227: Mr. Holding.
H.R. 5294: Mr. Pocan, Mr. Blumenauer, and Mr. Horsford.
H.R. 5343: Mr. Ellison.
H.R. 5353: Mr. Rangel.
H.R. 5364: Ms. McCollum.
H.R. 5368: Ms. Lee of California.
H.R. 5373: Ms. Lofgren and Mr. Quigley.
H.R. 5380: Mr. Rangel.
H.R. 5403: Mr. Poe of Texas and Mr. Chabot.
H.R. 5417: Mr. Duncan of Tennessee.
H.R. 5454: Mr. Moran, Ms. Frankel of Florida, Mr. Marino,
Mrs. Lowey, Mr. Schiff, Mr. Grijalva, Mr. Garamendi, Mr.
Blumenauer, Mr. Lowenthal, Mr. Huffman, and Ms. Lee of
California.
H.R. 5478: Ms. DeGette.
H.R. 5484: Ms. Esty, Mr. Bilirakis, and Ms. Pingree of
Maine.
H.R. 5504: Mr. Price of North Carolina.
H.R. 5505: Mrs. Walorski.
H.R. 5580: Mr. King of New York.
H.R. 5620: Mr. Payne.
H.R. 5644: Mr. Jolly.
H.R. 5656: Mr. Reichert, Mr. Hanna, Ms. Lee of California,
Mr. Fattah, and Ms. Fudge.
H.R. 5705: Mr. Loebsack, Mr. Welch, and Mr. Ribble.
H.R. 5706: Mr. Lamborn.
H.R. 5710: Mr. Fattah.
H.R. 5721: Mr. Connolly.
H.R. 5737: Mr. Jones.
H.R. 5753: Ms. Kaptur and Mrs. Miller of Michigan.
H.R. 5759: Mr. McKinley and Mr. Kline.
H.R. 5768: Mr. Jordan, Mr. Lamborn, Mr. Cook, Mr. Flores,
Mr. Wilson of South Carolina, Mr. Broun of Georgia, Mr.
Walberg, Mr. Marino, Mr. Pittenger, Mr. LaMalfa, Mr. Yoder,
Mr. Duncan of South Carolina, Mr. Yoho, and Mr. Mulvaney.
H.R. 5780: Mr. Carney.
H.R. 5782: Mr. Fitzpatrick.
H. Res. 109: Mr. Jeffries, Ms. Wasserman Schultz, Ms.
Frankel of Florida, and Mrs. McMorris Rodgers.
H. Res. 190: Mrs. Kirkpatrick and Mr. Doyle.
H. Res. 281: Mr. Benishek, Mr. Griffith of Virginia, Mr.
Ross, Mr. Serrano, Mr. Jolly, Mr. Cohen, Ms. Edwards, and Mr.
Gibson.
H. Res. 428: Mr. Pastor of Arizona.
H. Res. 596: Mrs. Bachmann and Mr. Lowenthal.
H. Res. 688: Ms. DeLauro, Mr. Al Green of Texas, Mr. Price
of North Carolina, and Ms. Brown of Florida.
H. Res. 728: Ms. Clark of Massachusetts and Mr. Pocan.
H. Res. 757: Mr. Griffith of Virginia.
H. Res. 758: Mr. Shimkus and Mr. Chabot.
____________________
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF
BENEFITS
Under clause 9 of rule XXI, lists or statements on congressional
earmarks, limited tax benefits, or limited tariff benefits were
submitted as follows:
Offered by Mr. Goodlatte
The provisions that warranted a referral to the Committee
on Judiciary in H.R. 5759 do not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
Offered by Mr. Hastings of Washington
The provisions of H.R. 5781, the California Emergency
Drought Relief Act of 2014, that fall within the jurisdiction
of the Committee on Natural Resources do not contain any
congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9 of House Rule XXI.
[[Page 16546]]
____________________
PETITIONS, ETC.
Under clause 3 of rule XII,
113. The SPEAKER presented a petition of the City
Commission of Miami, Florida, relative to Resolution R-14-
0387 urging the 113th Congress to enact the ``All-American
Flag Act''; which was referred to the Committee on Oversight
and Government Reform.
[[Page 16547]]
SENATE--Wednesday, December 3, 2014
The Senate met at 9:30 a.m. and was called to order by the President
pro tempore (Mr. Leahy).
____________________
PRAYER
The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Our gracious God and friend, great is Your faithfulness. Guard our
Senators. As they wait expectantly for Your salvation, may they not
stumble in the darkness.
Lord, protect their minds with Your instructions so that they will
not deviate from the path of integrity. May they follow Your directions
and embrace Your counsel so that America can be like a shining city on
a hill.
Give their petitions Your personal care so that no weapon formed
against them will prosper. Let praises cascade from their lips and Your
promises ring from their tongues, O God of our salvation.
We pray in Your merciful Name. Amen.
____________________
PLEDGE OF ALLEGIANCE
The President pro tempore led the Pledge of Allegiance, as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
RECOGNITION OF THE MAJORITY LEADER
The PRESIDENT pro tempore. The majority leader is recognized.
____________________
SCHEDULE
Mr. REID. Mr. President, following my remarks and those of the
Republican leader, the Senate will proceed to executive session, with
the time until 10 a.m. equally divided and controlled between the two
leaders or their designees.
At 10 a.m. the Senate will proceed to five rollcall votes on
confirmation of the Burrows and Lopez nominations and on cloture on the
Hale, Kearney, and Pappert nominations.
There will be another series of up to five rollcall votes at 5:30
p.m. this afternoon.
____________________
MEASURE PLACED ON THE CALENDAR--S. 2970
Mr. REID. Mr. President, I understand that S. 2970 is at the desk and
due for a second reading.
The PRESIDENT pro tempore. The Senator is correct.
The clerk will read the bill by title for the second time.
The assistant legislative clerk read as follows:
A bill (S. 2970) to reform procedures for determinations to
proceed to trial by courtmartial for certain offenses under
the Uniform Code of Military Justice, and for other purposes.
Mr. REID. I object to any further proceedings with respect to the
bill.
The PRESIDENT pro tempore. Objection is heard. The bill will be
placed on the calendar.
____________________
RESERVATION OF LEADER TIME
Mr. REID. Would the Chair announce the business of the day.
The PRESIDENT pro tempore. Under the previous order, the leadership
time is reserved.
____________________
EXECUTIVE SESSION
______
NOMINATION OF CHARLOTTE A. BURROWS TO BE A MEMBER OF THE EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION
The PRESIDENT pro tempore. Under the previous order, the Senate will
proceed to executive session to consider the following nomination,
which the clerk will report.
The assistant legislative clerk read the nomination of Charlotte A.
Burrows, of the District of Columbia, to be a Member of the Equal
Employment Opportunity Commission.
The PRESIDENT pro tempore. Under the previous order, the time until
10 a.m. will be equally divided and controlled between the two leaders
or their designees.
Mr. REID. I suggest the absence of a quorum.
The PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDENT pro tempore. Without objection, it is so ordered.
Recognition of the Minority Leader
The PRESIDENT pro tempore. The Republican leader is recognized.
Honoring Our Armed Forces
Lance Corporal Chadwick A. Gilliam
Mr. McCONNELL. Mr. President, this morning, I rise to share with my
colleagues the story of one brave marine from Kentucky who lost his
life while wearing our country's uniform.
LCpl Chadwick A. Gilliam of Mayking, KY, passed away on January 3,
2009, of an apparent cardiac arrest at Camp Buehring, Kuwait. He was 29
years old.
For his service in uniform, Lance Corporal Gilliam received several
medals, awards, and decorations, including the Global War on Terrorism
Service Medal and the National Defense Service Medal.
Chris Damron, Chad's brother-in-law, recalls how Chad was happy to
enlist. ``He'd said that it was just something he wanted to do,'' Chris
says. ``All his life he wanted to be a Marine.''
Before entering the U.S. Marine Corps, Chad graduated from Whitesburg
High School in the mid-1990s. After earning his bachelor's degree, he
also graduated from Lindsay Wilson College with a master's degree in
counseling and human development.
One of his former high school teachers, Scottie Billiter, said
Gilliam was an inspiration to other students. Billiter remembers that
Chad had a wide array of interests, from the football team to the
Spanish club. ``I have nothing but great, fond memories of him,''
Billiter says. ``He was a big part of who we were.''
As a marine, Chad continued to be a natural inspiration to others.
``All the Marines seemed to really look up to Chad,'' says brother-in-
law Chris Damron. ``He was a leader in the Marine Corps.''
Chad was assigned to the 2nd Battalion, 6th Marines, 2nd Marine
Division, Second Marine Expeditionary Force, based out of Camp Lejeune,
NC. He was an infantryman and joined the unit in June 2007. He was
promoted to lance corporal in 2008 and deployed to Iraq in support of
Operation Iraqi Freedom.
We are thinking of Chad's family as I share his story with my Senate
colleagues, particularly his parents Paul Gilliam and Mary Ellen Cook
Gilliam, his wife Corinne Marie Stewart Gilliam, his sister Paula
Regina Damron, his brother Michael Wayne Gilliam, his brother-in-law
Chris Damron, along with many other beloved family members and friends.
Chad was preceded in death by his paternal grandparents Willard and
Belvia Holbrook Gilliam and his maternal grandparents Arlie and Edna
Sergent Cook.
I know my Senate colleagues join me in expressing gratitude and
sympathy to the family of LCpl Chadwick A.
[[Page 16548]]
Gilliam--gratitude for his life of service and sympathy for his
ultimate sacrifice. Without brave men and women such as Lance Corporal
Gilliam to defend our country, we would not be free. Those of us who
cherish our freedoms must never ever forget that.
I suggest the absence of a quorum
The PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. King). Without objection, it is so
ordered.
Mr. HARKIN. Mr. President, I support the nomination of Charlotte
Burrows to be a commissioner of the Equal Employment Opportunity
Commission, or EEOC, and David Lopez to continue to serve as the
agency's general counsel.
These are two eminently qualified nominees. Mr. Lopez is a dedicated
public servant who has spent over two decades protecting people from
workplace discrimination. He did an admirable job during his first
term, and was responsible for marked improvements in both the agency's
litigation program and in its outreach to stakeholders.
Ms. Burrows has also had a distinguished career in public service.
She is currently Associate Deputy Attorney General at the Department of
Justice, and previously served as general counsel for Civil and
Constitutional Rights for Senator Kennedy and the Committee on Health,
Education, Labor, and Pensions. She is a leading expert in the field of
discrimination law, and she has proven herself committed to public
service.
Both of these nominees deserve to be confirmed by the Senate. And our
Nation needs public servants of their caliber and experience at the
EEOC, which has the critical mission of protecting working Americans
from workplace discrimination.
Throughout my career I have been guided by the vision of an America
that is compassionate, just, and inclusive--a society where the
government provides a ladder, or sometimes a ramp--of opportunity that
gives every American a fair shot at the American dream. However, that
ladder cannot function properly if there are barriers of discrimination
that unfairly limit opportunities for some Americans to fully
participate in the social, political, and economic life of this Nation.
Over the last 50 years, we have made great strides towards
eliminating discrimination in the workplace. The Civil Rights Act of
1964 prohibited discrimination on the basis of race, sex, national
origin and religion. The Age Discrimination in Employment Act, in 1967,
prohibited discrimination on the basis of age. The Americans with
Disabilities Act, in 1990, and the ADA Amendments Act, in 2008,
prohibited discrimination on the basis of disability.
These important guarantees, however, are not self-enforcing. They are
only as strong as the agency charged with enforcing them, the EEOC. The
EEOC's mission is simple and profoundly important--to promote equality
of opportunity in the workplace and enforce Federal laws prohibiting
employment discrimination.
While much progress has been made in recent decades, discrimination
in the workplace continues to be all too common. Too many employment
decisions are based on insidious stereotypes and prejudices rather than
an employee's talent, ability, and qualifications. Too many hardworking
Americans face the harsh reality of getting a pink slip or not being
hired at all because of race, sex, national origin, religion, age,
disability or some other irrelevant factor.
The realities are especially harsh for individuals with disabilities.
Less than 30 percent of working-age Americans with disabilities
participate in the workforce, and households with an adult member with
a disability earn 38.4 percent less than households without an adult
member who has a disability. These facts make it clear that people with
disabilities are still encountering roadblocks, and that the ADA's goal
of economic self-sufficiency is far from achieved.
The EEOC has an important role to play in combating discrimination
and supporting employment opportunities for individuals with
disabilities and for all Americans.
Unfortunately, today's EEOC faces enormous challenges. The agency has
a substantial backlog of almost 71,000 cases. And it takes an average
of 267 days to process a discrimination claim. The truth is that the
EEOC suffers from chronic underfunding, and this underfunding has
resulted in a significant reduction in full-time employees. Under this
administration, the agency has made real progress moving investigations
forward in a timely manner, but all too often justice delayed is
justice denied.
American workers deserve better, especially in these times of
economic turmoil, when discrimination often increases and workers who
are victims of discrimination face even greater challenges. Now more
than ever, we need strong leadership at the EEOC. The nominees are both
extremely well-qualified and have a deep commitment to public service.
They possess the extraordinary skills and experience that will help
them advance the EEOC's mission and ensure proper enforcement of
critically important laws.
Some of my friends on the other side of the aisle have raised
concerns that EEOC is too quick to bring lawsuits. That is just not the
case. Litigation is a last resort for the agency, and represents less
than 0.5 percent of all charges filed and only around 5 percent of
charges where the commission has issued a cause finding.
The EEOC under this administration has made enormous strides in
improving the conciliation process. In the last 3 years, the EEOC
improved its conciliation results significantly with successful
conciliations now at a rate of 41 percent of all cases that are
conciliated, up from 31 percent in fiscal year 2011. It is important to
remember that EEOC v. CRST, the case so often cited as evidence that
the agency isn't doing enough in the conciliation process, was a case
brought by a Bush administration-appointed general counsel.
My Republican colleagues also criticize the Commission for delegating
the prosecution of routine cases to the general counsel. There is
absolutely nothing inappropriate about that practice, and it should not
be a controversial issue. It is a practical measure to make sure the
Commissioners are focusing on the most important issues and have ample
opportunity to deliberate on broader policy issues. That is why the
EEOC's delegation policy has been carried forward across multiple
administrations and has bipartisan support from both Republican and
Democratic Commissioners.
Now, I think we can all agree that there have been some unacceptable
instances where courts have required the EEOC to pay attorney's fees
for a defendant. But those cases are rare and need to be viewed in
perspective. Out of the 1,045 lawsuits filed from fiscal year 2009
through fiscal year 2013, there have only been seven in which fees have
been assessed, and two of those are pending an appeal. Generally, the
EEOC is prudent and successful in litigation, and the agency has won 11
out of 16 trials from fiscal year 2013 to the present.
I want to comment on another issue that came up at the HELP Committee
hearing on these nominees--the EEOC's work with regard to wellness
programs. I am a strong supporter of wellness programs, and I was
intimately involved in drafting the section of the Affordable Care Act
that encourages such programs. Recently, the EEOC has been involved in
litigation involving wellness programs, and I think a lot of people are
trying to cloud the issue here. The EEOC has never--never--taken the
position that wellness programs are illegal. They are, however,
investigating extreme cases where employers have allegedly forced their
employees to participate in programs that require medical testing. That
raises Americans with Disabilities Act issues, and the EEOC is right to
look carefully at the issue. Plus, the agency has indicated that it
intends to issue guidance next year to
[[Page 16549]]
help employers and employees navigate the tricky legal issues.
One final point, none of the manufactured concerns coming from the
other side of the aisle have anything to do with the ability of these
two nominees to do the job for which they were nominated. No one has
questioned their qualifications. Both Ms. Burrows and Mr. Lopez are
eminently qualified. Some of my Republican colleagues just do not like
the fact that the EEOC is doing its job and enforcing our Nation's
civil rights laws. That is a shame because civil rights should not be a
partisan issue. We should all be coming together to support the agency
and the important role it plays in making fairer, more equal
workplaces.
I urge my colleagues to support both of these distinguished nominees
and confirm them quickly so they can get to work ensuring fairness and
equal opportunity for every American worker.
The PRESIDING OFFICER. Under the previous order, all cloture time has
expired.
Under the previous order, there will be 2 minutes of debate prior to
a vote on the Burrows nomination.
Mr. LEAHY. Mr. President, I don't know of anybody seeking
recognition. I ask unanimous consent that all time be yielded back.
The PRESIDING OFFICER. Without objection, it is so ordered.
All time having been yielded back, the question is, Will the Senate
advise and consent to the nomination of Charlotte A. Burrows, of the
District of Columbia, to be a Member of the Equal Employment
Opportunity Commission?
Mr. ENZI. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer),
the Senator from Louisiana (Ms. Landrieu), and the Senator from West
Virginia (Mr. Rockefeller) are necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Oklahoma (Mr. Coburn) and the Senator from Mississippi
(Mr. Cochran).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 93, nays 2, as follows:
[Rollcall Vote No. 301 Ex.]
YEAS--93
Alexander
Ayotte
Baldwin
Barrasso
Begich
Bennet
Blumenthal
Blunt
Booker
Boozman
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Collins
Coons
Corker
Cornyn
Crapo
Cruz
Donnelly
Durbin
Enzi
Feinstein
Fischer
Flake
Franken
Gillibrand
Graham
Grassley
Hagan
Harkin
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kaine
King
Kirk
Klobuchar
Leahy
Lee
Levin
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Portman
Pryor
Reed
Reid
Risch
Rubio
Sanders
Schatz
Schumer
Scott
Sessions
Shaheen
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Vitter
Walsh
Warner
Warren
Whitehouse
Wicker
Wyden
NAYS--2
Roberts
Shelby
NOT VOTING--5
Boxer
Coburn
Cochran
Landrieu
Rockefeller
The nomination was confirmed.
____________________
NOMINATION OF P. DAVID LOPEZ TO BE GENERAL COUNSEL OF THE EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION
The PRESIDING OFFICER. The clerk will report the Lopez nomination.
The legislative clerk read the nomination of P. David Lopez, of
Arizona, to be General Counsel of the Equal Employment Opportunity
Commission.
The PRESIDING OFFICER. Under the previous order, there will be 2
minutes of debate prior to a vote on the nomination.
Mr. ALEXANDER. Mr. President, today we are voting on the nomination
of P. David Lopez to serve as general counsel of the Equal Employment
Opportunity Commission. The EEOC is an important agency with a critical
task.
In August 1963, I stood in the crowd on the National Mall and
listened to Dr. Martin Luther King's ``I Have a Dream'' speech when he
called for our Nation to ``make real the promises of democracy.''
The next year, the historic Civil Rights Act of 1964 was passed,
establishing the EEOC as an important, independent agency to put an end
to workplace discrimination, particularly in hiring, firing, and
promoting.
Today, employees are protected by law if they are discriminated
against because of race, color, religion, sex, pregnancy, national
origin, age, disability, or genetic information.
The EEOC is charged with investigating complaints of discrimination
to determine whether or not they have merit, and then attempting to
resolve them informally, through conciliation and mediation.
The general counsel at the EEOC has a great deal of responsibility--
he or she is in charge of conducting litigation at this important
agency.
Mr. Lopez is being re-nominated for the general counsel position. I
do not believe he has fulfilled his charge over the last four and one-
half years and will not support extending his time at the agency. I
would strongly urge my colleagues to vote against this nomination as
well.
It is critical that the general counsel make wise decisions about
which cases to litigate and how. Unfortunately, Mr. Lopez, often has
failed to meet this standard.
I have three primary concerns about the EEOC.
First, EEOC has placed too much emphasis on litigating high profile
lawsuits, some of which have been rebuked by the courts, rather than
resolving its backlog of discrimination charges filed by individuals.
Second, EEOC has not been fully transparent in how it issues guidance
to the public and in the information it shares with the public about
its activities.
And third, EEOC is suing employers for following the President's very
own health care law.
On the first concern, a judicious general counsel should view costly
and time-consuming litigation as a last resort. However, this EEOC has
placed too great an emphasis on litigating high-profile cases, some of
which have been rebuked by the courts, rather than resolving its
backlog of discrimination charges filed by individuals.
In fiscal year 2014, more than 88,000 charges of discrimination were
filed with the EEOC and at the end of November 2014, EEOC reported it
had 75,935 unresolved discrimination charges pending.
A backlog of charges pending is nothing new for EEOC, but given this
backlog, I am disappointed that this EEOC has placed such a strong
emphasis on actions and lawsuits--predicated upon not a single
complaint--that do not address actual charges of discrimination brought
to the Agency by employees.
Under this administration, the EEOC has focused too heavily on
headline-making lawsuits at the expense of fair and swift resolution of
claims for those alleging workplace discrimination.
The desire to win big lawsuits has backfired. Numerous Federal courts
have criticized EEOC's litigation practices, failure to attempt to
resolve cases and avoid court, misuse of authority, and reliance on
faulty expert analysis, among other complaints.
Example No. 1--EEOC's case against Kaplan Higher Education
Corporation received such a sharp rejection by a unanimous three-judge
panel on the Sixth Circuit Court of Appeals in 2014 that The Wall
Street Journal named it the ``Opinion of the Year.''
EEOC sued Kaplan for alleged race discrimination due to the use of
credit background checks. The court wrote, ``EEOC brought this case on
the basis
[[Page 16550]]
of a homemade methodology, crafted by a witness with no particular
expertise to craft it, administered by persons with no particular
expertise to administer it, tested by no one, and accepted only by the
witness himself.'' The court also criticized EEOC for bringing a case
against Kaplan for ``using the same type of background check that the
EEOC itself uses.''
Example No. 2--Another Federal court reprimanded EEOC for being
``negligent in its discovery obligations, dilatory in cooperating with
defense counsel, and somewhat cavalier in its responsibility to the
United States District Court.''
Example No. 3--EEOC caused a small employer to spend $100,000
attempting to comply with requests for information that, according to a
Federal judge, ``EEOC had no authority to obtain.''
Since 2011, EEOC has been ordered to pay attorney's fees in 10
different cases. In six cases, fees were awarded under a rare step
allowed by Title VII of the Civil Rights Act, which according to the
U.S. Supreme Court is reserved for cases that are ``frivolous,
unreasonable, or without foundation'' or ``continued to [be]
litigate[d]'' after those circumstances became present.
In the four other cases, the court awarded fees for failing to
prevent the destruction of evidence, for discovery abuses and for
pursuing a case that lacked substantial justification.
Not all of these cases where EEOC was ordered to pay attorney's fees
were initiated on this general counsel's watch, but he did initiate
five of them and it appears he continued to pursue four of them. These
court losses cost taxpayers and hurt the victims of workplace
discrimination whose charges are backlogged at EEOC.
EEOC's credibility is at risk. As one commissioner described, EEOC's
``reputation and credibility has . . . suffered from several recent
lawsuits where [EEOC was] not only sanctioned, but openly chastised by
the courts.''
EEOC should immediately reconsider the strong emphasis on lawsuits
that are not based on any complaint and do not even have a victim
plaintiff.
In recent years, EEOC has pursued a number of cases without
complaints, such as age discrimination cases against large accounting
firms--PricewaterhouseCoopers, Deloitte, and KPMG--whose partners have
voluntarily adopted a mandatory retirement age.
Age discrimination is certainly a significant problem that EEOC
should work to address. But they should go about it by assisting the
more than 21,000 people who complained to EEOC of age discrimination in
2013, rather than directing investigations at an industry they find
suspect.
The five-member Commission has exercised too little restraint over
the general counsel. In 1995, the EEOC's then Commissioners gave the
general counsel far more authority to bring whatever cases he wanted,
with no check from the Commission. By 2012, this practice led to only 3
of the 122 lawsuits filed that year coming before the Commission for
approval. Although EEOC has taken some steps to increase the
Commission's role in approving litigation, more should be done. The
Commission has the authority and duty to reverse this imprudent
decision and return to performing its statutorily obligated
responsibilities.
On my second concern, I believe the Commission has not been
transparent in its issuance of guidance and the information it shares
with the public about its activities. The EEOC sets national workplace
discrimination policy by issuing formal regulations as well as
guidance, which are meant to help employers and employees understand
how the law applies to them. EEOC does not allow the public to review
or comment upon its draft guidance, even in cases of novel, significant
or controversial guidance.
This is especially concerning because in two cases last year, the
Supreme Court rejected substantive positions found in EEOC guidance.
EEOC's issuance of guidance is not in compliance with the
administration's own best practices recommendations or the
recommendations of three of the current Commissioners.
I am concerned about this because agencies expect people to follow
guidance. At a hearing in June, I asked the head of the Office for
Civil Rights at the Department of Education whether she expected higher
education institutions to comply with the Office for Civil Rights
guidance and she said yes.
Senator Enzi also urged greater transparency on significant guidance
when he was ranking member of the HELP Committee, and I share his view.
So what harm would come from allowing the public to comment on draft
guidance prior to issuing it?
Finally, my third concern about EEOC and its general counsel, Mr.
Lopez, is this. Employer wellness plans with premium discounts were
specifically authorized in the health care law and I worked on it with
my colleagues on both sides of the aisle--it was one of the few
provisions of Obamacare with Republican and Democrat buy in.
I am concerned that EEOC has pursued litigation against employers who
have followed the health care law and implemented voluntary employer
wellness plans to encourage healthy lifestyle choices.
These wellness plan lawsuits are sending a confusing message to
employers--reliance on the health care law's authorization of wellness
plans does not mean you would not be sued by the EEOC.
This is why I intend to introduce legislation to prevent EEOC from
suing employers who are following the law in offering wellness
programs. Employers who are acting in good faith, relying on a law
should not face uncertainty of litigation due to an agency's misguided
priorities.
EEOC is tasked with an important mission--to ensure workplaces are
free from discrimination. EEOC's misdirected focus and high-profile
litigation failures are coming at significant cost to taxpayers and
victims of workplace discrimination.
Unfortunately, when questioned about these missteps and the Agency's
focus on litigation without a single complaint, Mr. Lopez was not
forthcoming with his answers. Therefore, I cannot support Mr. Lopez's
nomination.
Mr. REID. I yield back the time.
The PRESIDING OFFICER. Without objection, all time is yielded back.
Under the previous order, the question is, Will the Senate advise and
consent to the nomination of P. David Lopez, of Arizona, to be General
Counsel of the Equal Employment Opportunity Commission?
Mr. SESSIONS. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Louisiana (Ms. Landrieu)
and the Senator from West Virginia (Mr. Rockefeller) are necessarily
absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Oklahoma (Mr. Coburn) and the Senator from Mississippi
(Mr. Cochran).
The PRESIDING OFFICER (Ms. Heitkamp). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 53, nays 43, as follows:
[Rollcall Vote No. 302 Ex.]
YEAS--53
Baldwin
Begich
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Coons
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
Heinrich
Heitkamp
Hirono
Johnson (SD)
Kaine
King
Klobuchar
Leahy
Levin
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murphy
Murray
Nelson
Pryor
Reed
Reid
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wyden
NAYS--43
Alexander
Ayotte
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Collins
Corker
Cornyn
Crapo
Cruz
Enzi
Fischer
[[Page 16551]]
Flake
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johanns
Johnson (WI)
Kirk
Lee
McCain
McConnell
Moran
Murkowski
Paul
Portman
Risch
Roberts
Rubio
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
NOT VOTING--4
Coburn
Cochran
Landrieu
Rockefeller
The nomination was confirmed.
The PRESIDING OFFICER. Under the previous order, the motions to
reconsider are considered made and laid upon the table, and the
President will be immediately notified of the Senate's actions.
____________________
CLOTURE MOTION
The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before
the Senate the pending cloture motion, which the clerk will state.
The bill clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
David J. Hale, of Kentucky, to be United States District
Judge for the Western District of Kentucky.
Harry Reid, Patrick J. Leahy, Richard Blumenthal, Sheldon
Whitehouse, Mazie K. Hirono, Amy Klobuchar, Al Franken,
Benjamin L. Cardin, Patty Murray, Robert P. Casey, Jr.,
Jeanne Shaheen, Claire McCaskill, Christopher A. Coons,
Mark Begich, Jeff Merkley, Richard J. Durbin, Charles
E. Schumer.
The PRESIDING OFFICER. Under the previous order, there will be 2
minutes of debate prior to a vote on the motion to invoke cloture on
the Hale nomination.
Ms. CANTWELL. Madam President, I ask unanimous consent all time be
yielded back on both sides.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
By unanimous consent, the mandatory quorum call has been waived.
The question is, Is it the sense of the Senate that debate on the
nomination of David J. Hale, of Kentucky, to be United States District
Judge for the Western District of Kentucky, shall be brought to a
close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Louisiana (Ms. Landrieu)
and the Senator from West Virginia (Mr. Rockefeller) are necessarily
absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Oklahoma (Mr. Coburn) and the Senator from Mississippi
(Mr. Cochran).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 65, nays 31, as follows:
[Rollcall Vote No. 303 Ex.]
YEAS--65
Ayotte
Baldwin
Begich
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Chambliss
Collins
Coons
Donnelly
Durbin
Feinstein
Flake
Franken
Gillibrand
Graham
Hagan
Harkin
Heinrich
Heitkamp
Hirono
Isakson
Johnson (SD)
Kaine
King
Klobuchar
Leahy
Levin
Manchin
Markey
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Paul
Portman
Pryor
Reed
Reid
Rubio
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Vitter
Walsh
Warner
Warren
Whitehouse
Wyden
NAYS--31
Alexander
Barrasso
Blunt
Boozman
Burr
Coats
Corker
Cornyn
Crapo
Cruz
Enzi
Fischer
Grassley
Hatch
Heller
Hoeven
Inhofe
Johanns
Johnson (WI)
Kirk
Lee
McCain
Moran
Risch
Roberts
Scott
Sessions
Shelby
Thune
Toomey
Wicker
NOT VOTING--4
Coburn
Cochran
Landrieu
Rockefeller
The PRESIDING OFFICER. On this vote, the yeas are 65, the nays are
31.
The motion is agreed to.
____________________
NOMINATION OF DAVID J. HALE TO BE UNITED STATES DISTRICT JUDGE FOR THE
WESTERN DISTRICT OF KENTUCKY
The PRESIDING OFFICER. The clerk will report the nomination.
The legislative clerk read the nomination of David J. Hale, of
Kentucky, to be United States District Judge for the Western District
of Kentucky.
____________________
CLOTURE MOTION
The PRESIDING OFFICER. There will now be 2 minutes of debate on the
motion to invoke cloture on the Kearney nomination.
Who yields time?
Mr. UDALL of New Mexico. Madam President, I ask unanimous consent to
yield back all time.
The PRESIDING OFFICER. Without objection, all time is yielded back.
Pursuant to rule XXII, the Chair lays before the Senate the pending
cloture motion, which the clerk will state.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing rules of the Senate,
hereby move to bring to a close debate on the nomination of
Mark A. Kearney, of Pennsylvania, to be United States
District Judge for the Eastern District of Pennsylvania.
Harry Reid, Patrick J. Leahy, Barbara Boxer, Benjamin L.
Cardin, Robert P. Casey, Jr., Bill Nelson, Barbara A.
Mikulski, Amy Klobuchar, Al Franken, Jack Reed, Sheldon
Whitehouse, Robert Menendez, Kirsten E. Gillibrand,
Richard Blumenthal, Sherrod Brown, Dianne Feinstein.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on the
nomination of Mark A. Kearney, of Pennsylvania, to be United States
District Judge for the Eastern District of Pennsylvania, shall be
brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Louisiana (Ms. Landrieu)
and the Senator from West Virginia (Mr. Rockefeller) are necessarily
absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Oklahoma (Mr. Coburn) and the Senator from Mississippi
(Mr. Cochran).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 60, nays 36, as follows:
[Rollcall Vote No. 304 Ex.]
YEAS--60
Ayotte
Baldwin
Begich
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Collins
Coons
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Graham
Hagan
Harkin
Heinrich
Heitkamp
Hirono
Johnson (SD)
Kaine
King
Klobuchar
Leahy
Levin
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Paul
Pryor
Reed
Reid
Rubio
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Toomey
Udall (CO)
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wyden
NAYS--36
Alexander
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Corker
Cornyn
Crapo
Cruz
Enzi
Fischer
Flake
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johanns
Johnson (WI)
Kirk
Lee
McCain
McConnell
Moran
Portman
Risch
Roberts
Scott
Sessions
Shelby
Thune
Vitter
Wicker
NOT VOTING--4
Coburn
Cochran
Landrieu
Rockefeller
The PRESIDING OFFICER. On this vote, the yeas are 60, the nays are
36.
The motion is agreed to.
[[Page 16552]]
____________________
NOMINATION OF MARK A. KEARNEY TO BE UNITED STATES DISTRICT JUDGE FOR
THE EASTERN DISTRICT OF PENNSYLVANIA
The PRESIDING OFFICER. The clerk will report the nomination.
The bill clerk read the nomination of Mark A. Kearney, of
Pennsylvania, to be United States District Judge for the Eastern
District of Pennsylvania.
____________________
CLOTURE MOTION
The PRESIDING OFFICER. Under the previous order, there will be 2
minutes of debate prior to the cloture vote on the Pappert nomination.
Who yields time?
Mr. REID. I yield back the time.
The PRESIDING OFFICER. Without objection, all time is yielded back.
Pursuant to rule XXII, the Chair lays before the Senate the pending
cloture motion, which the clerk will state.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Gerald J. Pappert, of Pennsylvania, to be United States
District Judge for the Eastern District of Pennsylvania.
Harry Reid, Richard J. Durbin, Patty Murray, Barbara
Boxer, Patrick J. Leahy, Sheldon Whitehouse, Debbie
Stabenow, Michael F. Bennet, John D. Rockefeller IV,
Jon Tester, Jack Reed, Mark R. Warner, Tim Kaine,
Benjamin L. Cardin, Charles E. Schumer, Christopher A.
Coons, Christopher Murphy.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on the
nomination of Gerald J. Pappert, of Pennsylvania, to be United States
District Judge for the Eastern District of Pennsylvania, shall be
brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Louisiana (Ms.
Landrieu), the Senator from West Virginia (Mr. Rockefeller), and the
Senator from Michigan (Ms. Stabenow) are necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Oklahoma (Mr. Coburn) and the Senator from Mississippi
(Mr. Cochran).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 67, nays 28, as follows:
[Rollcall Vote No. 305 Ex.]
YEAS--67
Alexander
Ayotte
Baldwin
Begich
Bennet
Blumenthal
Blunt
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Coats
Collins
Coons
Donnelly
Durbin
Feinstein
Flake
Franken
Gillibrand
Graham
Hagan
Harkin
Heinrich
Heitkamp
Hirono
Isakson
Johnson (SD)
Kaine
King
Klobuchar
Leahy
Levin
Manchin
Markey
McCain
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Paul
Portman
Pryor
Reed
Reid
Rubio
Sanders
Schatz
Schumer
Shaheen
Tester
Toomey
Udall (CO)
Udall (NM)
Vitter
Walsh
Warner
Warren
Whitehouse
Wyden
NAYS--28
Barrasso
Boozman
Burr
Chambliss
Corker
Cornyn
Crapo
Cruz
Enzi
Fischer
Grassley
Hatch
Heller
Hoeven
Inhofe
Johanns
Johnson (WI)
Kirk
Lee
McConnell
Moran
Risch
Roberts
Scott
Sessions
Shelby
Thune
Wicker
NOT VOTING--5
Coburn
Cochran
Landrieu
Rockefeller
Stabenow
The PRESIDING OFFICER. On this vote, the yeas are 67, the nays are
28.
The motion is agreed to.
Vote Explanation
Ms. STABENOW. Mr. President, I was unable to attend today's
cloture vote on the nomination of Gerald Pappert to the U.S. District
Court for the Eastern District of Pennsylvania. Had I been present, I
would have supported this cloture motion.
____________________
NOMINATION OF GERALD J. PAPPERT TO BE UNITED STATES DISTRICT JUDGE FOR
THE EASTERN DISTRICT OF PENNSYLVANIA
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant legislative clerk read the nomination of Gerald J.
Pappert, of Pennsylvania, to be United States District Judge for the
Eastern District of Pennsylvania.
The PRESIDING OFFICER. Under the previous order, the time until 5:30
p.m. will be equally divided in the usual form.
The Senator from Virginia.
Authorization for the Use of Military Force
Mr. KAINE. Madam President, next Monday will mark 4 months since the
President commenced military action in Syria and Iraq against ISIL. As
of December 2, Operation Inherent Resolve, which the administration
calls a war on ISIL, has involved more than 1,100 coalition airstrikes
in Iraq and Syria, the vast majority carried out by American air men
and women. The President has authorized currently 1,400 U.S. ground
troops who are deployed in Iraq to train and advise regional forces.
The President has authorized an additional 1,500 U.S. troops to serve
in that train-and-advise capacity. This past Monday, 250 paratroopers
from the 82nd Airborne Division at Fort Bragg, NC, were sent to Iraq.
The total cost of the operation thus far to U.S. taxpayers is in excess
of $1 billion.
There have been three deaths of Americans serving in Operation
Inherent Resolve. On October 1, Marine Cpl Jordan Spears of Memphis,
TN, was lost at sea while conducting flight operations over the Persian
Gulf. On October 23, Marine LCpl Sean Neal of Riverside, CA, died in
Iraq. On December 1, Air Force Capt. William Dubois of Newcastle, CO,
died in support of Operation Inherent Resolve.
Senator King and I visited Al Udeid Air Base in Qatar in October to
see the Combined Air Operations Center in action, and I saw many
Virginians there working with colleagues from all service branches and
many other coalition nations in directing the air strike campaign.
Let's not make any mistake about this--America is at war. The number
of air and ground troops deployed is steadily creeping upwards every
day. Our troops are dying. And the fiscal cost to American taxpayers is
growing every day.
But this is a most unusual war. While all the activities of war are
occurring, there is a strange conspiracy of silence about it in the
White House and in the Halls of Congress.
The President has not offered any proposed authorization for the war,
despite his suggestions that one is needed. Congress has not debated
on, taken committee action on, or voted on the ongoing war. The House
is contemplating adjourning for the holidays on December 11, without
saying anything about an ongoing war. And because neither the President
nor Congress has undertaken the necessary public debate over the war,
the American public has not had the chance to be fully educated about
what is at stake and why it is in our international interest to ask our
troops to risk their lives thousands of miles away.
We owe it to our troops serving abroad--troops who are engaged in war
even as we think about recessing and leaving Washington on December 11
for the holidays--to do our job and to have a debate and vote about the
war that our Constitution demands.
Let me make an earnest request to our President and to my colleagues
in Congress.
To the President: I have previously taken the floor to strongly argue
that the President needs new legal authority to conduct the war on
ISIL.
When the President spoke to the Nation on September 10, he said that
he would ``welcome'' a congressional authorization. And on November 5,
he affirmatively asserted that a new congressional authorization was
needed
[[Page 16553]]
and that he would ``engage'' Congress in passing one. But to this date,
4 months after the initiation of war, the administration has not even
been willing to present a draft authorization of the mission to
Congress.
In testimony yesterday at the Armed Services Committee, no DOD
witness could recall a single other instance in which a President told
Congress of the need for a war but failed to present a proposed
authorization spelling out the dimensions of the military mission.
Instead, the President has persisted in a war that is not within the
scope of his Article II powers, that is not authorized by any treaty
obligation, that is not justified under either of the congressional
authorizations passed in 2001 or 2002. The President's unilateral
action has even extended beyond the 60- and 90-day timing requirements
created by the War Powers Resolution of 1973.
The President's willingness to push a war without engaging Congress
has even violated his own solemn and wise pronouncement of just 1 year
ago:
I believe our democracy is stronger when the President acts
with the support of Congress. This is especially true after a
decade that put more and more war-making powers in the hands
of the President--while sidelining the people's
representatives from the critical decisions about when we use
force.
So I request our President: Make good on your promise to engage
Congress. Do what other Presidents have done--demand that we debate and
vote on an authorization, and that we do it now.
The votes are here in this body to support the President. I am a
supporter of the need for military action against ISIL, and I know that
is a position held by a strong majority of the Senate and a strong
majority of the House. There is no reason for the President to not
demand that we actually have that debate and have that vote.
To my congressional colleagues, I have a similar request. Let's not
leave this Capitol without a debate and a vote on this war on ISIL. We
have gone 4 months without any meaningful action about this war.
First, we were told that Congress would get to it after the midterm
elections, and so we recessed for 7 weeks in the middle of a war
without saying one thing--shirking our constitutional duties. Now many
are saying we need to delay until after New Year's before having any
meaningful discussion of this war. So the unilateral war would extend
to at least 5 months--and, in all likelihood, longer--before Congress
gets around to any meaningful discussion of the ISIL threat and what we
should do to counter it.
Giving this President--giving any President--a green light to wage
unilateral war for 5 or 6 months without any meaningful debate or
authorization would be deeply destructive of the legitimacy of the
legislative branch of our government; it would be deeply disrespectful
of our citizens; and it would be especially disrespectful of the troops
who are risking their lives every day while we do nothing.
Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Maine.
Power to Declare War
Mr. KING. Madam President, Senator Kaine has spoken eloquently about
events of today. I wish to speak for a few moments about events of 200-
plus years ago.
On Tuesday, August 17, 1787, at the Constitutional Convention in
Philadelphia, the delegates debated the question of war. They debated
it passionately and with a sense of history and human nature. They
understood the propensity of the Executive--any Executive throughout
history, a prince, a king, a potentate, a sultan--to lead their country
into war for good reasons or no good reasons. They understood that this
was a basic question before the body--before the Constitutional
Convention, and I would assert that the Framers knew what they were
doing.
Interestingly, in the first draft of the Constitution, the clause in
article I, section 8 that says the Congress shall have the power to
declare war, said: The Congress shall have the power to make war. That
was the first draft.
The debate was about whether Congress could effectively make and
execute war. They wisely, I believe, realized that was impractical,
given the nature of Congress and the large number of representatives,
and the exigencies of war. So they left the power to the Commander in
Chief, to the Chief Executive. They also recognized the Chief
Executive's inherent power to repel an attack on this country. But in
all other cases what the Constitution says is very clear. Article 1,
section 8, says the Congress shall declare war. There was some
discussion about this. Some people said, well, we don't want to tie the
hands of the Executive, but others made it more clear.
Madison's notes are a fascinating source of information about the
history of the Constitution. The notes were taken the day of the debate
on Tuesday, August 17, 1787. Mr. Ellsworth of Connecticut stated that
``it should be more easy to get out of war than into it.'' He
understood this principle.
Pierce Butler of South Carolina said the Executive should have the
power to repel sudden attacks. That is common sense. But then Elbridge
Gerry of Massachusetts, I think, put it most succinctly. He said, ``I
never expected to hear in a Republic a motion to empower the Executive
alone to declare war.'' That is the fundamental issue that is before us
today.
Then George Mason of Virginia later in the debate used a wonderful
phrase that I think aptly captures what the Framers were after. He
said: ``I am for flogging rather than facilitating war.'' That is what
we are supposed to do, is to debate, discuss, and have the people
engaged in the discussion before this country is committed to war.
The Constitution in the Preamble makes it very clear that one of the
fundamental purposes of this government or any government is to provide
for the common defense. Nobody questions that. Neither Senator Kaine
nor myself nor anyone else who is talking about this issue questions,
A, whether we should be debating it and, B, that it is our solemn
responsibility to provide for the common defense. I happen to think, as
Senator Kaine does, that the fight against ISIL is worthy of national
attention, worthy of national effort, and should be debated and
circumscribed through some form of authorization in this body. There
has not been a declaration of war by the Congress since 1942.
I will conclude with the observation that power doesn't spring from
one branch of our government to the other overnight or in some flash of
inspiration or change. I would argue more aptly it oozes from one
branch to the other, not necessarily through Executive usurpation as
through congressional application. For us to go home, to take a recess,
to say: We don't really want to be talking about this, we don't want to
be responsible for this, I think is unfair to the American people. It
is unfair to the people who are being put into harm's way. It is unfair
and not responsive to the basic principles of the Constitution.
We owe it to our country to have this debate, and it is one that I
believe is important and is constitutionally based. We are very good in
Congress about not making decisions and then criticizing the Executive
for what they do. This is an opportunity where we have the power, the
constitutional power and the constitutional responsibility to discuss,
debate, and authorize the Executive's actions against this terrible
foe. I believe it is our responsibility to do so. To not do so is
simply one more sliding away, one more giving away of our
constitutional authority to the Executive that I think is in detriment
not only to the Constitution itself, clearly, but also to the interests
of the American people.
I thank the Presiding Officer.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER (Ms. Baldwin). The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. CORNYN. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Working Together
Mr. CORNYN. Madam President, ever since November 4--this last
election,
[[Page 16554]]
some 3 or so weeks ago--a number of people have speculated as to what a
new Republican majority in the Senate will mean for the country. We
will be working together with our Republican colleagues in the House
and with the President, who has hopefully heard the message the
American people sent him on November 4. He was the one who said it was
his policies that were on the ballot. I believe the vote by the
American people came through pretty loud and clear as to what they
thought of those policies. It was pretty clear that they want a new
direction.
When people ask me what my constituents expect--my 26.5 million
constituents in Texas--I tell them they want us to demonstrate that we
can govern. They want us to demonstrate that we can actually solve some
of the problems confronting our country. Those problems primarily deal
with how we unleash the American economy, get it growing again to
create jobs and opportunity so people can find work, provide for their
families, and pursue their dreams.
I believe that is what Senator Schumer was saying the other day at
the National Press Club. We need to focus on the needs of the middle
class and the wage earners. They are seeing stagnant wages. While
health care, energy, and other costs go up, their paychecks are
shrinking. As a result, they are having to live on less, which is not
the American dream most people have bargained for.
The truth is no political party or branch of government can govern on
its own. The fact is that even though we have a Republican majority in
the House and Senate, we still have a divided government, with
President Obama in the White House--and he is not constitutionally
irrelevant. In fact, he is critical in terms of actually getting things
done.
My hope is that we can find issues we can work on together. I believe
Republicans and Democrats can vote to put legislation on the
President's desk, but then he has a choice to make--either to sign that
legislation into law or veto it. We then have a decision to make as to
whether we want to try--and whether we can--override his veto.
The truth is none of us can govern on our own. What has been
troubling to me--since the election--is that President Obama seems to
think he can govern on his own without regard for the Congress. Now,
part of the consequences are the debates going on in the House and here
in the Senate about the appropriate response to what has been widely
seen as an overreach by the President--particularly when it comes to
his Executive action on immigration, which circumvented the Congress.
He acted as though he could do this alone without any consequence.
We know one thing for sure, and that is the President cannot
appropriate money, which is why we are now having this discussion. But
there will be other ramifications and consequences as well. I hope one
of those consequences is not that we fall back into the dysfunction we
have experienced over the last few years where we find ourselves
incapable of working together and getting things done. All we can do is
all we can do. As a Senate--as a Congress--we can't make the President
do anything he is bound and determined not to do, but we can do our
job.
I and others have said: Well, with a new majority in the Senate, we
have to show we can govern. The truth is we can't govern by ourselves.
The President can't govern by himself, and we can't govern by
ourselves. That is the constitutional separation of powers and the
division of responsibility that we must embrace together.
I don't know where the President has gotten this idea that he thinks
he can govern on his own. For 225 years our constitutional norms have
said otherwise, and experience has shown otherwise. If we want to make
real progress on improving our broken immigration system--we actually
saw a bill passed out of the Senate. The President said he is
frustrated with the timetable in the House. But there continues to be a
bipartisan desire, I believe, to fix our broken immigration system.
If we want to reform our Tax Code, I think that is something we ought
to be getting to work on. The fact of the matter is we have the highest
tax rate in the world. That is making America less competitive in terms
of attracting investment and jobs. It discourages multinational
corporations headquartered in the United States from bringing back the
money they have earned overseas because they don't want to have to pay
taxes twice--for what they have earned on their income overseas and
then pay double again when they bring that money back home. We ought to
look at what kind of Tax Code makes sense for us and incentivizes
investment and job creation in the United States and not be content
with a system that discourages that.
I believe there is bipartisan support for doing what we can to shore
up Medicare and Social Security. We have all seen the numbers--the
aging baby boomers and more and more people retiring. Unfortunately,
these young people are being left holding the bag. We are going to be
OK--people my age and my generation--but future generations will not be
OK unless we do our job now to deal with Medicare and Social Security
and make them sustainable into the future.
What I feel has been most discouraging is health care. Whether you
supported the Affordable Care Act or were a skeptic, such as I was, I
think by and large the evidence is that it didn't work the way the
people who were the biggest cheerleaders thought it would work.
One little factoid that jumped out at me yesterday in the Wall Street
Journal is that between 2007 and 2013 the average cost for middle-class
families for their health care went up 24 percent. That is part of what
has made this wage stagnation even worse because people are actually
paying more for items such as health care. If there is one thing we
ought to all be able to agree on is that what makes health care more
available and accessible to more people is when it is more affordable.
Unfortunately, the Affordable Care Act did not do that.
Well, I mentioned my disappointment with some of the President's
actions--including his Executive action on immigration, which I think
has made our job harder--not easier. More recently there were stories
of a pending negotiation on the tax bill that the President said he
would veto if it got to him. Why didn't the President say: Mr. Majority
Leader, if this isn't in it, I am going to consider vetoing it? In
other words, why didn't he use the bully pulpit and the leverage the
President has to change the package if he didn't like it and make it
more acceptable? That is the kind of compromise and negotiation that
needs to occur.
What happens when you say I want everything my way or I want nothing?
More often than not, you are going to get nothing. Unfortunately, that
is what the taxpayers got--a temporary reprieve from the retroactive
taxes and no real long-term solution which creates an opportunity to
plan and make investments. That is what encourages job creation and job
growth and grows the economy. All of this churning and uncertainty is
the antithesis of what we need when it comes to growing our economy,
creating jobs, and creating more predictability.
I know back in 2008 when President Obama was elected, millions of
Americans thought President Obama would be the kind of President that
would bring the country together on a number of levels--whether it was
a matter of race or just getting the government to be responsive to the
needs of the middle class. Unfortunately, he seems to have developed
this disdain for the very job he was elected to do. This stuff doesn't
happen by accident. It happens as a result of hard work. A lot of that
hard work happens behind closed doors where Members of both parties sit
around the table and say how can we work this out. When we are doing
our best work, it does work out, and although it is not perfect, it is
a vast improvement over the status quo. That is the sort of thing the
President, unfortunately, seems unwilling or unable to do.
The Executive action on immigration is perhaps the freshest
demonstration
[[Page 16555]]
of the President's contempt for the role of Congress and the normal
legislative process. What I find hard to understand and believe is that
for the weeks and months leading up to the announcement, the President
was repeatedly warned that such a decision would provoke a
constitutional crisis. And he was repeatedly warned that what he was
getting ready to do was something he did not have the power under the
Constitution to do. And not coincidentally, the President--I think on
22 different occasions--admitted publicly that he didn't have the
authority to do what he ultimately decided to do with this Executive
order, but he did it anyway.
I can't think of many things he could have done that would be more
damaging to public confidence and Congress and the Presidency and our
ideal of self-government. If the President says ``I don't have the
authority to do this without Congress'' but then he proceeds to do it
anyway, what are we supposed to think?
As a result of the President's ill-advised action, the coming weeks
and months threaten to be dominated by a political fight that was
completely unnecessary. Meanwhile, the bipartisan prospects for
compromise on everything from immigration to tax reform have been
significantly reduced.
The tragedy is that once we get beyond the daily partisan rhetoric,
there are more areas of bipartisan agreement in this Senate than people
might think.
For example, Members of both parties want to vote on the Keystone XL
Pipeline.
Members of both parties want to pass commonsense regulatory reform
that will reduce the burdens on families and businesses.
Members of both parties want to improve our patent system in order to
discourage the abuse of costly litigation.
Members of both parties want to address America's counterproductive
business tax rate to help boost investment and create jobs here at
home.
Members of both parties want to take action to restore the 40-hour
workweek that was penalized by ObamaCare to get people back on full-
time work and off of part-time work. People would like to work full
time. And there are Members from both parties who want to repeal the
law's medical device tax, falling as it does on the gross receipts of
medical device innovators here in America, causing some of my
constituents, for example, from Dallas to move their operations to
Costa Rica and places where this tax won't be collected. Those are the
sorts of incentives and disincentives that tax policy can have--and in
this case, very damaging.
Both parties want an immigration system that puts more emphasis on
skills and on education. We are a very compassionate country when it
comes to immigration. We naturalize almost 1 million people a year in
this country. It is part of what makes our country great. But we ought
to recognize that we need to use both our heads and our hearts on a lot
of these issues. It makes sense to me and I think to a lot of other
people to say: What do these immigrants bring to America that will make
us better, and not just operate strictly on the basis of compassion, as
in, what do they need? This seems to be a system that helps us to
continue to attract the best and the brightest people from around the
world through a legal immigration system.
Finally, Members of both parties believe we need a permanent solution
to our transportation needs in this country. I come from the fast-
growing State of Texas, where we simply don't have enough resources to
build the mass transits and the highways and deal with the
transportation needs we have in order to continue to grow our economy
and create jobs. What we have done, sadly--and both parties are
complicit in this--is one temporary bandaid after another, making it
very hard to plan. We have just put patches on it, and then we come
back and--sort of like the movie ``Groundhog Day'' we do it all over
again 6 months or a year later.
None of this is going to be easy. Nobody told us it would be easy,
but we need to do it anyway. We need to vote, and we need to come up
with solutions.
This is only a partial list of some of the bipartisan, smart ideas
that could become law pretty quickly with the right leadership. I am
hopeful that after the first of the year in the new Congress, we will
look for opportunities--and I am confident we will--to work together to
put legislation on the President's desk to show we can actually
function and hopefully regain some of the public's lost confidence in
their government and in self-government itself.
So the question is, What do we do if the President continues to give
very little indication that he is going to be a partner in this effort?
We need to do our job anyway. His initial reaction in 2014 has been to
flout the will of Congress and the will of the American people. I know
the temptation is to say we are going to retaliate for the President's
action which we consider unlawful. I think we need to make a measured
and prudent and appropriate response. There needs to be consequences
when one branch usurps its power under the Constitution. But we don't
need to fall back into the same sort of dysfunction we were in
previously that got us to where we are today.
So governing is not about having the executive branch or the
legislative branch see how much they can get away with on their own.
That is not our Constitution. That is not our form of government. It is
about having the two branches working together to try to find common
ground and proposing and negotiating policies that serve the national
interests--not the interests of one political party or the other but
the interests of the country as a whole.
In January I hope to demonstrate that the newfound confidence voters
have in Republicans is well-founded, not in the sense that we receive
any mandate--believe me, I don't believe that for a minute, but I do
believe people are looking for responsible alternatives to the status
quo, and I believe sincerely that, working together, Republicans and
Democrats, the Senate and the House and the President can demonstrate
that we can actually do our jobs and govern. None of us can do it
alone. We can and we must demonstrate that we are able to do our job
and function. But, again, in order to move the country forward, in
order to find solutions to the problems we have on so many fronts, we
are going to have to do this together. I only hope the President
reconsiders his record and his attitude about trying to go it alone
because we know that is not going to end very well.
Madam President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. BENNET. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Tax Extenders
Mr. BENNET. Madam President, I come to the floor today to talk about
the tax extenders package the House is likely to vote on today.
Unfortunately and sadly, it looks as though we have reached another
low point in the world of dysfunctional Washington politics. The House
will vote on what is being called a 1-year retroactive extension of
dozens of expired tax laws. This bill contains everything from the
research and development tax credit, to the wind production tax credit,
to the new markets tax credit, and they have let us know that this is
the best bill they could cobble together. But in reality this is not a
1-year extension; it is a 3-week extension of expired tax laws until
the end of this year--3 weeks until the end of this year. On January 1
all of our tax laws will expire again. No one in the real world would
ever run an enterprise in this manner.
It is bad enough that we do extenders for 2 years without making them
permanent, but to say the best we can do is a 1-year extension and to
know that really it is only a 3-week extension makes no sense at all.
If the purpose of this bill is to encourage investments in
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business or our communities, how does a 1-year retroactive bill make
any sense at all? If the purpose of the bill is to provide greater
certainty for families and for businesses, how does a 1-year
retroactive bill accomplish that? Only in the land of flickering
lights--in Washington, DC--where we are barely keeping the government
running, does it make sense.
I thought we had reached a new low 2 years ago when we voted on the
so-called fiscal cliff deal--when the Bush tax cuts were expiring and
there was a bipartisan deal that was meant to, among other things,
avoid the sequester. That bill passed at 2:30 in the morning; then, 90
days later, the sequester went into effect--the very thing we were
supposed to be protecting against. That deal is sometimes touted as a
great act of bipartisanship. The only thing bipartisan about it was the
confession that the two parties couldn't figure out how to actually get
our fiscal house in order. Had we known that night that the sequester
was going to go into effect 90 days later--had we known that that
night--there is no way there would have been 92 ``yes'' votes for that
deal. There is no way it would have passed. And we are still living
with it today.
Coincidentally, the last time we passed tax extenders, it was part of
that deal. The fiscal cliff deal at least provided a 2-year extension
to these temporary tax laws. Here, it turns out we will be lucky if we
provide 3 weeks of certainty.
Many of the people I represent say this bill is only marginally
better than no bill at all, and they reasonably wonder why in the world
we wouldn't just do another 2-year extension. They prefer more
certainty than that to plan for their businesses and for their
communities. Instead of doing the short-term House bill, the Senate
should instead take up the bipartisan bill the Senate Finance Committee
reported over 6 months ago. I always hear people in this body lament
the lack of regular order, and I lament the lack of regular order. This
bill represented a great attempt at regular order and it got the votes
of Republicans and Democrats on the Finance Committee. We had a markup,
and we voted on amendments. Some passed, some didn't. And then we voted
the bill out to the Senate floor 6 months ago.
The Ways and Means Committee in the House didn't hold a markup on the
House bill they are considering today. It is my understanding the House
will be allowing few, if any, amendments. So why is that bill in any
way preferable to the Senate bill, where we did the work of
legislating? Our 2-year bill deserves a vote here on this floor.
Among dozens of provisions that are important to families and
businesses in Colorado and across the country, I wanted to highlight
two today. The first is the credit for wind energy. The wind PTC and
ITC--the production tax credit and the investment tax credit--have
always enjoyed broad support from both sides of the aisle, ranging from
its original cosponsor, Senator Grassley from Iowa, to my friend and
colleague from Colorado, Mark Udall. And I should say that nobody has
been a greater champion for wind or more relentless over the years in
support of the wind industry in Colorado and those high-paying jobs in
our State than Mark Udall.
If enacted into law, the Senate version of the PTC and ITC for wind
will continue to drive job growth in Colorado. We are not talking about
some fly-by-night experiment here. This isn't some Bolshevik takeover
of the United States. These are jobs--manufacturing jobs and other
high-paying jobs--right here in the United States.
In Colorado, we have 5,000 people working in this industry. In
Colorado, Vestas, which manufactures wind turbines, employs over 1,400
workers across 4 factories--from Pueblo all the way up I-25 to Brighton
and Windsor. These are not just manufacturing and design jobs in urban
centers, but construction and operations jobs at the actual wind farms.
I visited one of these turbine farms in Peetz, CO, a couple of years
ago. It was a little scary because we climbed up--I climbed up--to the
very top of the wind turbine. I thought we were done climbing, but then
they opened a hatch in the top of this thing and they said: Senator, it
is time to go out and see what this looks like, which I did, standing
on the top of this wind turbine housing in the shoes I wear on the
floor of the Senate. Even though I was hooked up, it was a little
scary.
The guy who took me there was telling me he had been able to come
back to his home community--a rural community in Colorado--and work in
this high-paying job because the wind industry was there. This was
something he never would have imagined as a kid, but now he has real
opportunity, and there are thousands of people just like him all over
my State who are concerned the political conversation here has
decoupled once again from their concerns and has become about the
internal politics of Washington, DC, and not what is actually going on
in places such as rural Colorado or in rural places all across the
United States.
This industry drives economic growth across our State--from the
conference rooms of tech startups in Boulder and Denver all the way to
the 6,000-acre Kit Carson wind power generating site just west of the
Kansas State line.
The production tax credit has driven $105 billion in private
investment. This is actually amazing when you think about it, given the
fact there has been so much uncertainty associated with it--$105
billion. It has opened up 550 industrial facilities and provided $180
million in lease payments to rural farmers, to ranchers, and to
landowners who host wind farms.
The mention of those rural farmers and ranchers brings me to the
second provision of the EXPIRE Act that I would like to highlight: the
tax incentive for conservation easements.
Private land conservation is critical in States such as Colorado.
Healthy grasslands, open landscapes, and abundant wildlife are a
fundamental part of what is to be in the West and in Colorado. In the
2014 farm bill, we worked really hard to build a strong conservation
title.
The easement incentive in the Senate finance bill is an important
complement to the work in the farm bill. This incentive accounts for
the true value of conserved land, which allows family farmers,
ranchers, and moderate-income landowners to preserve land for our kids
and for our grandkids to enjoy.
In Colorado, we have landowners lined up to take advantage of this
very well-designed program. It opens up conservation opportunities to
people who might be land rich but cash poor--producers who feed this
country. This is land we have to keep in production. But when you are
living in a place where the value isn't calculated properly, and there
is a high value associated with it and you don't have the money to be
able to put it into easement, this program can help you do that.
If we do that, we get to hold on to our farms and ranches in our
States. But here we are again considering a bill that extends these
benefits for only 3 weeks. If it is good policy for 3 weeks, why isn't
it good policy for 2 years? If we pass the House bill, we are telling
the farmers and ranchers across States such as Colorado that we don't
value long-term conservation, that we don't take it seriously.
The loss of this tax incentive would mean less land across the West
would be protected--again, a voluntary program. This isn't telling
anybody they have to do anything with their farms and ranches; it is an
option for them if they want to use it. More wildlife habitat will be
lost, water quality will suffer, and Colorado's scenic beauty, which is
critical to our way of life and our economy, will be threatened.
If we pass the House bill, people's jobs across Colorado will be
placed at risk. And this is all due to Congress's failure to do its
job. We can do better than that. We should, at this late hour,
reconsider this and pass the Senate bill--pass the EXPIRE Act. We
should pass a bipartisan piece of legislation that came out of the
Finance Committee through regular order 6 months ago. We have had
plenty of time to consider that. Then we should come back
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and we should do comprehensive tax reform and give our country a Tax
Code that is actually worthy of the entrepreneurs who are out there
working every day to invent our future. The last time the Tax Code--
this might be of interest to the pages here today--the last time the
Tax Code was updated in this country, I was in college. I was in
college. What are the chances that today's Tax Code reflects the
American economy as it actually is, to say nothing of the global
economy as it actually is? The chances are zero. This is the work we
have been sent here to do. It is hard, but that is what we are supposed
to be doing here.
I hope in the new year there is going to be a big change around this
place, and I hope all of us use that change to the advantage of the
American people by putting ourselves back to work. They are working
hard. The least we can do is work together to actually align our
legislation and our regulation to the world as it actually exists
rather than one that existed 50 or 100 years ago.
Madam President, I appreciate the chance to speak today on these
important issues to Colorado.
With that, I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CARDIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Coons). Without objection, it is so
ordered.
Tribute to Major David Wilson
Mr. CARDIN. Mr. President, this is a bittersweet moment for me,
because Maj. David Wilson, who has served in my office in an exemplary
way in the Air Force Fellowship Program, will be leaving my office this
week. He has been there for the past year. He has been an incredibly
valuable member of my staff.
I would like to encourage my colleagues to join me in thanking my
military fellow for his exemplary service to the Senate and to wish him
well in his next endeavor at the Pentagon. Maj. David Wilson has
dedicated his life to serving our Nation. David was commissioned by the
U.S. Air Force in 2002 as a graduate of the Air Force Reserve Officer
Training Corps at Texas Tech University.
David has served in Texas, Montana, and Germany and has been deployed
to Kuwait, Cuba, and Liberia. He has served the Air Force in a wide
range of missions, from personnel and readiness to executive officer
and deployed squadron commander. While on Active Duty, David has earned
a master's degree in international relations.
Major Wilson joined my office as part of the Air Force Legislative
Fellowship Program. I know my colleagues familiar with that program
know how valuable it is. It is a year-long program that offers those in
the military an opportunity to learn about the legislative process
firsthand. But for me he has been an additional valuable member of my
staff who has advised me on defense issues. He has been very helpful on
so many issues.
My staff and I will truly miss Major Wilson. David hit the ground
running. When he joined the office, he started contributing
immediately. He is personable, hard-working, and enthusiastic. He has
been a key member of the staff, providing me with concise,
straightforward guidance on some of our most sensitive defense-related
legislative issues. He has advised me on issues ranging from how to
best address claims backlogs and other problems at the Veterans'
Administration to military strategies against Islamic State terrorists.
I know the Presiding Officer joins me in knowing the complications
and concerns we get from our veterans community, particularly on delays
in getting claims heard. I thank Major Wilson for helping us to
understand how we could better serve our veterans in this country.
David has drafted innovative legislation to improve the recruitment
of our Guard and Reserve Forces, which I hope to introduce soon. David
has worked extremely hard to ensure that Maryland veterans have
adequate and timely access to the services they need.
I think our Nation's greatest resource is its young people,
especially those who have joined our All-Volunteer Force to defend our
country and our way of life. Many times we take the opportunity to
thank those who wear the uniform of our Nation for defending our
principles. We think about what is happening around the world and
recognize that in the United States we can pray to the God we want
without fear of intimidation. In other parts of the world they would
cut your head off for that.
We can express our opposition to government peacefully. We can have
an election where the outcomes are in the hands of the voters, and we
celebrate that. In other countries they lock up people for dreaming
that. Our military makes sure we preserve those freedoms.
The Air Force should be proud of the extraordinary talent they have
in Maj. David Wilson. My staff and I still refer to David as ``Major,''
but in fact he has been selected to the rank of lieutenant colonel 2
years below the promotion zone, which is quite an accomplishment. Fewer
than 1 percent of the officers up for promotion get promoted 2 years
early. So this is a rare accomplishment. It is not surprising in this
instance, given David's drive, ambition, and talent.
I urge my colleagues to join me in congratulating Major Wilson on his
graduation and thanking him for his service to our country. I also wish
to take this opportunity to thank David's wife Susan and daughter Ella
for sharing him with the Senate. We have been enriched by his presence.
I know of the late hours he has worked and the sacrifices he has made
to his family.
Millennium Development Goals
Mr. President, I was pleased to be appointed by the President to be
one of the two Senate representatives to the United Nations for the
69th United Nations General Assembly Session. Senator Ron Johnson of
Wisconsin is the other member. The two of us have visited New York
together. We have talked about how we can best represent the
legislative branch of government at the U.S. Mission in New York to
further the objectives the United States has within the United Nations.
Just recently I visited New York. I had a chance to meet with Helen
Clark, who is the U.N. Development Program Director, the former Prime
Minister of New Zealand, a person who is instrumentally involved in
dealing with the development programs within the United Nations.
I mention that because we are now at the conclusion of the 2000
Millennium Development Goals. I want to mention that for a moment
because our goals were to reduce poverty, increase the stability of
governments. As the Presiding Officer knows, yes, these are core U.S.
principles. The Presiding Officer has been very active in Africa, has
done an incredible job in Africa in pointing out the need for reducing
poverty and increasing stability.
These are our core principles. That is why we do it, our humanitarian
goals--yes, absolutely, our participation. But it is also important for
our national security goals. Because if we have nations that are
prosperous, that include their people in the prosperity of their
nation, have good governance, it is going to be a more stable
government and it will help us have partners whom we can rely on to
help us deal with world stability, rather than have to call upon our
military to restore order.
This helps us reduce our need for conflicts around the world. So the
U.N. programs dealing with the Millennium Development Goals were well
received when they were conceived a decade ago. There are eight
specific goals. What is interesting about the eight specific goals is
they had specific, achievable objectives to achieve by 2015.
It was basically to reduce poverty and disease by next year, cutting
in half the number of undernourished individuals on this planet to deal
with child mortality and maternal health. It was interesting that we
recognized last decade that we could deal with some simple issues, such
as dealing with infection at birth, dealing with nutrition,
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dealing with how we deal with an infant being able to breathe properly
through simple devices and that we could significantly reduce infant
mortality and we could significantly improve maternal health.
So we set those goals. We set the goals of improving primary
education because we knew education was an opportunity for children to
be able to succeed. Gender equity and equality was a huge issue.
Secretary Clinton, when she was Secretary of State, was our leader on
this issue globally.
Combating HIV/AIDS, malaria, and other diseases. The United States
took a leadership role in the PEPFAR Program that made a consequential
difference in dealing with the spread of HIV/AIDS. Environmental
sustainability was one of our Millennium Development Goals because we
recognized that to be perhaps the greatest challenge on how we are
going to deal with the sustainability of our environment with the
challenges of global climate change.
We also recognized that we needed global partners for development.
These are all part of the Millennium Development Goals. We recognized
these are not just goals of each nation working together within the
United Nations to achieve, but it also involves private foundations. It
involves international organizations, NGOs, all working together in
order to achieve these objectives.
Guess what. Now that we are reaching that plateau in 2015, we can
look back and say we accomplished a great deal for this planet, a 15-
percent reduction in extreme poverty since the Millennium Development
Goals were established. That is an incredible accomplishment. We now
have safe drinking water in so many parts of the world that did not
have safe drinking water when these goals were developed.
Gender disparity in education has been dramatically reduced. It has
been estimated that since the Millennium Development Goals were
established, we have saved--100 million babies have survived who would
otherwise not survive. That is an incredible accomplishment we have
been able to achieve since the development of these goals.
Yes, there is much more that needs to be done. Every year about 6
million babies die needlessly at birth. We can do much better and save
more children. The Ebola crisis in West Africa teaches us that we still
need to deal with basic health services. In so many countries in the
world the spread of Ebola was because they were not prepared to deal
with basic health care needs. They could have dramatically reduced the
spread of the Ebola virus.
We still have, unfortunately, widespread corruption affecting our
Millennium Development Goals in countries around the world. Quite
frankly, we cannot accomplish what we want in a country--that is, get
their agriculture sustainable, develop the health clinics they need,
deal with the gender equity--if they have corrupt government.
So dealing with the issue of good governance is clearly an area we
need to improve. We are now talking about the post-2015 development
goals, Millennium Development Goals. The United Nations is working on
that. Helen Clark, whom I talked to, is working on that. They have some
working documents in which they are prepared to come together, as they
did for the original Millennium Development Goals, which offer again
additional opportunities.
We need to build on what we have done and make sure we have
achievable goals. I want to mention a couple of areas that I hope will
be included in the post-2015 Millennium Development Goals. First, we
need to deal with the realities of the current threats we have. The
Ebola crisis points that out.
It is interesting that Nigeria had a few cases of Ebola, but they
were able to eradicate it. One of the reasons they were able to
eradicate it is because they had a health clinic set up from the PEPFAR
money that was made available through what we did with HIV/AIDS. The
point is this: Let's use this opportunity, this crisis of Ebola, to
make sure we have basic health care services in all our countries so we
do not have another Ebola-type crisis in the future. That should be
clearly one of our development goals.
Let's deal with good governance by having anticorruption guidelines.
In my work as Chair of the U.S. Helsinki Commission, we have workable
ways we can deal with corruption in countries and how we can fight
corruption. Our trade negotiators right now are dealing with countries
that are developing countries in the Trans-Pacific Partnership and are
looking at how we can improve good governance in countries through
trade legislation. We can be the leader in dealing with good governance
and anticorruption issues. It should be a Millennium Development Goal
post-2015.
We need to have specific targets in educating boys and girls on
health access and food security, climate change, good governance. The
United States can be a leader. I do want to point out--and the
Presiding Officer is very much aware of this--we have taken steps, this
administration and this Congress, to pave the way for the post-2015
Millennium Development Goals. For example, we have the Feed the Future
Initiative, where we help small farmers, particularly women, in dealing
with sustainable agricultural products.
We do not just give food to the poor, we are looking at changing the
economics within the country so they can have sustainable agriculture.
The Global Development Lab that Administrator Shaw has proposed, again
the Presiding Officer is one of the leaders on that. But here what we
are doing is we are taking the USAID development assistance dollars and
we are leveraging it with work already being done by our academic
centers in America that are active internationally.
I am proud of the work Johns Hopkins does globally. I am sure many
Members of the Senate know of the great work done by their academic
centers with private companies. Why private companies? Because they get
markets. They are interested in working with us to help sustainable
economic progress in other countries, which helps us and allows our
development assistance to be leveraged and to go further.
We need to be a leader in the post-2015 goals for millennium
development within the United Nations.
I wish to underscore this last point. We need to do this because that
is who we are--our values. Our values are humanitarian. We believe we
have a responsibility to help, and that includes globally. But we do it
because our national security also depends upon it.
We really understand that our national security is more than our
soldiers and our weapons. It is very important to those who serve in
our military. But our diplomacy, development assistance, and having
stable governments globally help us become a more stable society and
help us with our own national security.
I urge my colleagues to be involved with us. I look forward to
working with Senator Johnson at the United Nations as we pursue many
different missions. I hope one that we will pursue is the continuation
of Millennium Development Goals post-2015 to continue to make progress
in reducing world poverty and hunger.
Mr. President, I ask unanimous consent that the time in quorum calls
be equally divided between the Democrats and the Republicans.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CARDIN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CHAMBLISS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. King). Without objection, it is so
ordered.
Mr. CHAMBLISS. I ask unanimous consent to speak as in morning
business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Release of Guantanamo Detainees
Mr. CHAMBLISS. Mr. President, I rise today, along with my colleague
from New Hampshire, to discuss an
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issue that has been spoken about on this floor over the last several
years many times, but it continues to be a problem. The Senator from
New Hampshire has been very focused, as have I, on this issue, which is
the release of detainees from Guantanamo and the fact that we know that
not only are there dangerous individuals there who should not be
released, but we also know these individuals are returning to the
fight, and they are scheming and planning and intending to do harm to
America and Americans. So we wish to visit this issue again.
I wish to start off by saying that it is well-founded in our Nation's
history that the United States has the authority to hold enemy
combatants until the end of hostilities in order to prevent their
return to the battlefield. For the past several years, each National
Defense Authorization Act that has been signed into law by the
President has recognized this principle and made clear that any Al
Qaeda-affiliated terrorists, whether foreign or American, who takes up
arms against the United States can be held under the law of war.
Because Congress authorized the use of military force against these
terrorists shortly after they attacked us on September 11, 2001,
detention within a military framework is often the best means of
collecting valuable intelligence to prevent further terrorist attacks,
while ensuring they remain on the sidelines for the duration of the
conflict.
There are fundamental failures of the administration in the war
against terrorism.
First, when the President announced the closing of the detention
facility at Guantanamo in January of 2009, he left our Nation without a
clear policy for detaining and interrogating suspected terrorists.
Without such a policy, including one that identifies a facility for
holding terrorists who are captured outside of Afghanistan, the
intelligence community's ability to conduct ongoing intelligence
operations has been severely limited.
Second and even more alarming is the ill-advised release of these
Gitmo detainees back to the battlefields from which they came. I would
suggest to the Senator from New Hampshire that we are doing material
harm to our national security efforts by purging the Guantanamo
facility, particularly without a long-term plan for guaranteed
monitoring, and I know she is going to address this issue. In fact,
those who remain at Guantanamo Bay today are not low-level fighters who
were in the wrong place at the wrong time; they are some of the most
hardened, determined extremists we have encountered and remain
singularly focused on bringing violence to the United States and our
allies.
Shockingly, many of the detainees who are being transferred were
determined to be too dangerous to transfer by the administration's own
Guantanamo Review Task Force. Yet many of them are still being
transferred. I have been to Guantanamo on several different occasions,
the most recent time being about 3 months ago. I can attest once again
that these truly are the most hardened and the most dangerous
terrorists who exist today, particularly who are, obviously, in
captivity. As we see these individuals on the screen, in their cells,
we can see in their eyes that criminal activity is occupying 100
percent of their thoughts and that they truly are determined that they
are going to, one of these days, get out of that facility and return to
the battlefield.
There was one particular anecdote where the leadership at the
facility and I were engaging in a conversation, and it was close to the
cell of one of the individuals. All of a sudden we realized that
individual was telling other cell mates that he was trying to hear what
was going on in our conversation. It has gotten that sophisticated on
their part when it comes to trying to figure out ways to communicate
with the outside the ideas they have about killing and harming
Americans and planning and scheming to one day, as I said earlier,
leave that place and reengage in the fight.
Instead of working with Congress to develop commonsense policies to
enable our national security personnel to detain and interrogate
terrorists, this administration is releasing them back with little
thought to their future actions. In this haphazard fashion, there is no
uniform procedure for the continued monitoring of these individuals--
individuals, I might add, who have already demonstrated a propensity
for violence. Each country accepts them on their own terms with varying
commitments and cooperation, making further monitoring by the
intelligence community and our partners nearly impossible.
This is neither a safe nor a sustainable way of ensuring the national
security of the United States, yet it has become an all too common
practice in this administration. We know for a fact that a number of
these former detainees are returning to the battlefield with renewed
zeal to wage war against our American way of life.
According to the Director of National Intelligence, an additional
four former Guantanamo detainees were confirmed to have rejoined the
fight between July of 2013 and January of 2014, raising the combined
suspected and confirmed recidivism rate to 29 percent. In addition,
although the next report has not been released, we know this number
will increase.
We constantly face new plots and operatives looking for ways to
murder Americans, such as the foiled May 2012 AQAP plot that put
another IED on a United States-bound aircraft. Thankfully, this plot
and others did not materialize. But we are not going to always be that
fortunate, especially in the absence of meaningful interrogation of
terrorists and their imminent return to the battlefield.
We know that Al Qaeda in the Arabian Peninsula, or AQAP, today
represents one of the biggest threats to the United States homeland, as
well as personnel serving overseas. They are continually plotting
against our interests and seeking new recruits, especially among our
own citizens as well as former Guantanamo detainees.
Explosives experts, such as Ibrahim al-Asiri, continue to roam free,
posing a tremendous threat to the safety and security of U.S. citizens.
It is Mr. al-Asiri who is the bomb-making expert who has attempted to
devise bombs that cannot be detected by the equipment in airports, so
that they can hopefully place a bomb either inside an individual or on
an individual who can secure a seat on an airplane without that bomb
being detected as they go through the various checkpoints at airports
around the world.
Additionally, as the Senator from New Hampshire again will allude to,
this proposed closure of Guantanamo Bay presents significant risks for
the United States as well as Yemeni efforts to counter AQAP inside of
Yemen.
A substantial portion of the detainees remaining in Guantanamo Bay
are, in fact, Yemeni citizens. Transferring these individuals to a
country plagued by prison breaks, assassinations, and open warfare at
this point could prove catastrophic. These detainees would likely
rejoin several other former Gitmo detainees who have returned to the
fight in Yemen, further destabilizing the country, and worsening an
already tenuous security situation.
The most recent example of a totally failed and dangerous policy on
the part of this administration is the exchange of the Taliban Five
back in May. That decision, to release five individuals who now wake up
every morning thinking of ways to kill and harm Americans, was wrong.
This administration clearly and callously failed in its obligations of
notifying Congress. It appears they did not comply with this
requirement because they knew there would be objections to the release
of those five individuals from both sides of the aisle here in the
Senate, as well as across the Capitol on the House side. This
administration clearly decided they wanted to intentionally release
these individuals in spite of the fact that we had included language in
the previous Defense authorization bills requiring specific
notification to Congress in advance of them doing so.
In addition to simply violating that notification requirement, the
administration violated the Antideficiency Act by obligating funds that
were not legally available. While the President
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has a habit of ignoring laws relating to domestic policies such as
health care and immigration, this overreach will likely directly
threaten the lives of our citizens and servicemembers in Afghanistan.
In the wake of the President's bold defiance of congressional
oversight, I wrote the White House requesting the declassification of
the 2009 Guantanamo Bay review task force assessments for the Taliban
Five. I also requested, on the floor of the Senate, that the
administration release these files so the American people can know what
I know, and what the Presiding Officer knows, and decide for themselves
if that was the right decision.
Today I renew that request and I call on this administration to
fulfill its failed promises of transparency and show to the American
people the very real stakes they are gambling with in their attempts to
empty Guantanamo.
Nevertheless, this dangerous trend continues unabated, even amidst
bipartisan calls for greater oversight after the Taliban Five release.
In November alone, seven detainees were transferred, three to the
country of Georgia, two to Slovakia, one to Saudi Arabia, and another
to Kuwait. Some of these countries have previously had detainees sent
to them. We have mixed reaction as to the reengagement or the oversight
that is provided in those countries. Some of those countries have never
had a detainee they have taken possession of. We have no idea what kind
of supervision they are going to exercise over these individuals.
Whether it is in Iraq, Afghanistan, or in other parts of the Middle
East, Americans have fought and died in the war against Al Qaeda. Our
Nation may be weary of war, but threatening elements still remain.
Those five individuals, the Taliban Five to whom I alluded, are clearly
threats to the United States. I urge President Obama as well as my
congressional colleagues and the American people not to abandon the
gains we have made in this fight against terrorism since 9/11. We must
remain steadfast in our resolve to defeat extremists who oppose
freedom, democracy, and our American way of life.
I look forward in my remaining days here in the Senate to working
with colleagues such as my friend from New Hampshire and other Members
of this body as we continue to face this growing threat.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from New Hampshire.
Ms. AYOTTE. Mr. President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. AYOTTE. I thank my colleague from Georgia, Senator Chambliss, for
his incredible leadership on the Intelligence Committee, on the Armed
Services Committee, and his deep commitment to ensuring that our
country remains safe, that our freedoms are protected. I daresay from
the time I have been in the Senate, Senator Chambliss is one of the
most knowledgeable people in this body about the threats we face, how
we address those threats, and how we ensure that America remains safe.
I thank Senator Chambliss for his incredible leadership in this body,
not only on the issue of how do we address ensuring that the detainees
who are held--who are very dangerous--at Guantanamo Bay do not present
additional threats to our country and to our allies, but on so many
issues, ensuring that our intelligence officials have strong
information and oversight to ensure that America remains protected.
I rise in support of what my colleague from Georgia has just talked
about. If we look at what is happening around the world, the recent
developments with ISIS, combined with the continuing threats we face
here at home from Al Qaeda and its affiliates, it underscores the
continuing need we have for a military detention facility that is
outside the United States of America, that prevents enemy combatants
who are at war with us from returning to the battle, and allows us a
secure location to gather intelligence, to ensure that when we capture
a member of Al Qaeda, or when we capture one of its affiliates that is
in a position where the organization is threatening the United States
of America that we take the opportunity to ensure there is a full and
complete interrogation of those terrorists to make sure we know
everything they know, to ensure we can prevent future attacks, and that
the United States of America is protected.
So I would argue, as we look at what is happening around the world,
the need for this detention facility actually has become more apparent.
Yet what we have seen with the administration, as Senator Chambliss has
so eloquently outlined, is there has been a push--there was a political
promise made in the President's campaign to close Guantanamo Bay.
Despite having a policy as to how we are going to handle the capture of
these enemy combatants, one that he worked with Congress on, and how we
will ensure the full interrogation of those combatants to ensure
information we need to protect our country, we have seen a rush to
release people from Guantanamo Bay that has been accelerated recently,
as my colleague from Georgia talked about, where the Department of
Defense has announced the transfer of seven detainees fairly recently.
Some of those detainees were reportedly assessed to be high risk.
There are also questions about what are the conditions the countries
that are taking these detainees are going to ensure so they do not
return to the fight, where we have direct evidence of a 29-percent
reentry rate with those who have been released from Guantanamo Bay, not
just under this administration but under prior administrations, who are
confirmed or suspected of having reengaged in terrorism.
There is nothing that must appall our troops more than to be on the
battlefield, or our intelligence officials or our allies, to
reencounter a terrorist we had safely detained at a detention facility,
at Guantanamo Bay, and to see that person again and to know they
continue to be a threat to the United States of America and to our
interests.
I would urge, I hope, my colleagues, now more than ever, that it is
important we have that detention facility there that is safe, secure,
and we can ensure that those who are captured, who want to do us harm,
members of Al Qaeda terrorist groups--that we can ensure they cannot
get back in this battle against us.
I specifically want to talk about the country of Yemen, because as a
member of the Armed Services Committee--and Senator Chambliss supported
this effort--we passed an amendment in the Senate Armed Services
Committee that would have prohibited the transfer of Guantanamo Bay
detainees to the country of Yemen until December 31 of 2015. That
provision was removed during the conference committee. I am being told
we will not have a chance to debate that issue on the Senate floor or
to amend the Defense authorization as it comes to the floor because--
this is something that I cannot understand, why this provision was
removed and why the administration would want the ability to transfer
Guantanamo Bay detainees to Yemen.
Let's talk about what is happening in Yemen. Last May, President
Obama, in my view unwisely, lifted the moratorium on detainee transfers
to Yemen. Since that decision was made, between the date of the
President's and the administration's order that we could potentially
release detainees to Yemen--let me outline what has happened in Yemen
since then.
That country has continued to be a place where there is instability,
lack of government control, and, in fact, between November 24 and
December 2 of 2014, Al Qaeda in the Arabian Peninsula reportedly
claimed responsibility for 17 attacks in 8 Yemeni provinces.
I have a laundry list of very dangerous attacks that have occurred in
Yemen. One of the most troubling things that has occurred--as we think
about those who are present at Guantanamo who are very dangerous
individuals, a number of them are Yemeni. If they were to be
transferred back to the country of Yemen--for example, in February of
2014, militants attacked
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Yemen's main prison, killing 7 and enabling 29 inmates to escape,
including 19 members who were convicted members of Al Qaeda.
So I don't know why the administration would seek to transfer
Guantanamo detainees to this country, where there have been prison
breaks and where there have been multiple incidences of violent attacks
by Al Qaeda. Yet this provision got dropped from the Defense
authorization even though it had the support of the Senate committee. I
am very troubled by that.
I am very troubled we will not have an opportunity to debate that on
the floor. I would hope the administration would look very closely at
the record of what has occurred in Yemen since the President has made
the decision to end the moratorium on transfers to Yemen because it is
an incredible list of dangerous activities and prison breaks by members
of Al Qaeda.
So there is no way if we transfer someone from Gitmo to Yemen there,
we can guarantee that those individuals will not get back in the fight,
that they will not escape from any prison we put them in because that
country cannot secure their security.
I want to talk about a very important issue as we look at this issue
of the administration's rush to close Guantanamo; that is, the issue of
ISIS.
There have been reports that a certain number of former Guantanamo
detainees may be fighting with ISIS. We all saw--with horror--the acts
of ISIS, how brutal they are, and the brutality that they have taken
out on Americans, including one of my constituents. We all know ISIS is
a group the President himself has said we need to defeat.
I have written the President and asked him about these reports. In
fact, I wrote a letter to President Obama and requested that all
international transfers be suspended until we could know more about
potential Guantanamo detainees whom we released who may be getting in
the fight in support of ISIS. It was recently reported that one former
Guantanamo detainee has pledged his allegiance to the leader of ISIS
and is recruiting fighters for ISIS in northern Pakistan.
If that is true we need to revisit not only ensuring that we aren't
transferring dangerous detainees from Guantanamo to countries such as
Yemen--and allowing them to be in a position to get back in the fight--
but that we are also ensuring that we have a moratorium on transfers
until we understand how many of these detainees may actually be joining
ISIS and present a threat to us.
This issue--as we look at the national security challenges we face
now--we have to reevaluate. I would hope the President would reevaluate
the campaign promise he made in light of the national security threats
we face. Now is not the time to be closing the facility of Guantanamo
when we are presented with so many threats around the world--not only
from Al Qaeda but from ISIS--and we need a secure facility to ensure
that those who are there now, who are tremendously dangerous
individuals, don't get back in the fight to continue to harm us and our
allies. Also, we need to ensure that if future enemy combatants are
captured who are members of Al Qaeda or its affiliates, that they have
a secure place where they can be held and fully interrogated.
I again thank my colleague from Georgia for his leadership on this
issue and on so many national security issues.
I yield the floor.
The PRESIDING OFFICER. The Senator from Connecticut.
Prevention and Public Health Fund
Mr. BLUMENTHAL. Mr. President, I am honored to be joined with my
distinguished friend and extraordinary colleague Senator Harkin of Iowa
to support continued funding of the Prevention and Public Health Fund.
He has been a leader in this area, so I am particularly privileged to
stand with him on behalf of a fund that is absolutely necessary to
address prevention of serious and chronic diseases. It is fiscally and
morally and absolutely essential that we approach health care in this
way.
I am going to ask for permission to continue to speak. I am not sure
what the allotted time is. If there is no objection, I ask unanimous
consent for the time through 5 o'clock for myself, Senator Harkin, and
others who may join us in this colloquy.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BLUMENTHAL. Our Nation currently spends 75 cents of every $1 on
health care for the treatment of preventable conditions.
These diseases can be stopped and prevented in people through simple,
commonsense measures. Yet a meager 3 cents of every $1 goes toward
those treatments, therapies, and practices that can help prevent the
diseases that are so wasteful to our economy, to individuals, and their
livelihoods.
Our young people are on track to be the first generation of Americans
to live a shorter, unhealthier life than their parents. The
responsibility to change the course of this history is in our hands.
One step this body--led by Senator Harkin--has taken is to establish
the Prevention and Public Health Fund. It is the only dedicated Federal
fund for the prevention and improvement of our Nation's public health.
Prevention is the most effective way to improve the health of Americans
while reducing health care costs in the United States. This funding
supports efforts to reduce our Nation's rate of infant death, cancer,
diabetes, heart disease, and tobacco use. They are the killers and they
kill unnecessarily and avoidably.
Sadly, many Connecticut residents suffer from those very same chronic
diseases I mentioned. Thirty percent of Connecticut residents have high
blood pressure, 9 percent have diabetes, 21,000 residents of
Connecticut are diagnosed with cancer annually, and 16 percent still
use tobacco.
The Prevention and Public Health Fund invests in a broad range of
evidence-based activities--not speculative, not abstract, conceptual,
theoretical--including community and clinical prevention initiatives
that can help stop all Americans from developing debilitating and
chronic disease in the future.
So far grants from this fund were awarded to support four Connecticut
projects, including mental health and addiction, diabetes management in
older and disabled adults, and the establishment of an electronic birth
registration system to improve the ability to track the health and
well-being of infants. It sounds pretty rudimentary--and it is--using
technology to track the health and well-being of infants.
The Centers for Disease Control and Prevention has a hard-hitting
anti-tobacco media campaign--funded from this fund--focused on the
destructive health effects of smoking. It is not only effective, but it
is supported by the efforts that we have advocated on prevention in
health management.
Over the next 3 years this campaign is expected to save the country
$170 million in nonincurred health costs and lowered productivity that
results from smoking. The CDC has estimated that this campaign will
assist 50,000 tobacco users to quit smoking.
I know from my own work in suing the tobacco companies and
establishing the fund to support exactly these kinds of efforts, that
millions of Americans across the United States want to quit. They have
tried repeatedly. Ninety-nine percent of all smokers want to quit and
also try to quit, but quitting is hard because nicotine is one of the
most powerfully addictive drugs known to man and cigarettes are a
powerfully effective nicotine delivery tool.
These 50,000 tobacco users who quit smoking are better off, not only
in their health but their pocketbooks. They save countless dollars that
they would otherwise squander on unhealthy tobacco products. They are
healthier, their families are happier, and they save themselves from a
lifetime of addiction and disease. The preventive efforts of the CDC as
a result of this fund are preventive in stopping young people from
beginning to smoke as well.
It is monumental, it is historic, and it is a fund that should be
fully supported by Congress. The fund accorded
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the CDC the ability to run another tobacco education campaign called
``Tips from Former Smokers.''
According to a recent study, this campaign led 1.64 million Americans
to attempt to quit smoking. Those who have completely quit smoking as a
result of the campaign added half a million quality-adjusted life years
to the population of the United States.
I know these numbers sound abstract and obtuse. They are real lives,
and they have been saved from the evils of tobacco addiction and
smoking, which in turn could cause cancer, heart disease, and all kinds
of preventive diseases.
This funding is essential to running the local departments of health
in many areas of our Nation. Workers at those departments of public
health are in the forefront of preventing infectious diseases, an issue
that most recently came into focus as part of the domestic Ebola
response.
Without adequate funding for these departments, the people most
closely tasked and most immediately responsible for providing services
and information to people in the time of a crisis may be unable to
respond when communities are most in need.
We must change the focus of our health care from sickness and disease
to wellness and prevention.
We grew up, many of us, with our mothers telling us that an ounce of
prevention is worth a pound of cure. That is not only an adage that is
commonly repeated, it is commonly proved in everyday life.
I strongly encourage my fellow Members to support the Prevention and
Public Health Fund to help ensure the future well-being of our fellow
citizens.
I yield to my colleague Senator Harkin, one of the leaders in this
effort.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. HARKIN. I thank the Presiding Officer.
I thank my friend and colleague from Connecticut for his very
excellent, profound statement and for taking a leadership position on
this very crucial issue.
It is obviously well known I am retiring in 3 weeks. The Prevention
and Public Health Fund of which the Senator spoke so eloquently just
now is going to continue, and it is going to need people such as the
Senator from the State of Connecticut to take that kind of leadership
position.
I believe people are catching on to it around the country, but there
are still those who say: People get high blood pressure, they get
borderline diabetes, they have high cholesterol. These things just sort
of happen--sort of like they are preordained.
Chronic diseases are not preordained. As the Senator said, 75 percent
of the money we spent was accountable for preventable chronic diseases
and conditions. As the Senator so rightly said, what we need to focus
on is keeping people healthy, not paying for it later on when they are
in the hospital. That is something that this Prevention and Public
Health Fund is making strides on.
People have perhaps a mistaken idea that health care only occurs in
the doctor's office or in the exchange between doctor and patient or
health care provider and patient. But we know that it takes place in
all aspects of life--in the workplace, in the communities in which we
live, in our schools, in our homes. It has to be something that is sort
of pervasive in our society.
I say to my friend from Connecticut that I have often said in America
it is easy to be unhealthy and hard to be healthy. It seems to me that
ought to be turned around. It ought to be easy to be healthy and harder
to be unhealthy. That means the simple things in life, such as kids
walking to school. If they have a school in their neighborhood, they
should be able to walk to school and back. I often talk about when my
kids went to school here in Virginia when we moved here from Iowa many
years ago. We had a high school 1 mile from our house, but the kids
couldn't walk to school. Why? There was no sidewalk. It was a busy
street, but there was no sidewalk. Simple things like that.
Things such as the Senator mentioned, making sure people get their
checkups every year. The prevention fund does that. It makes sure of
that. The money we put in the Affordable Care Act provides for annual
checkups and vaccinations for people with no copays and no deductibles.
I am told that now over 100 million people have taken advantage of that
in this country--no copays, no deductibles. They can go in for a free
check and get their cholesterol checked, a blood pressure screening,
and all that done on an annual basis.
We also have to be cognizant that our kids need to have better
physical opportunities at school and better food at school. With the
Healthy, Hunger-Free Kids Act of 2010 we started to change the way we
provide foods for our kids--healthy foods, free and fresh fruits and
vegetables in schools all over America. These are the things that make
it easier to be healthy--easier to be healthy.
There are the quitlines the Senator spoke about, which have been
enormously successful, and the ``Tips from Former Smokers.'' We have
the data on that from the Centers for Disease Control and Prevention.
So we know they are working.
So again, I wish to thank the Senator for his focus on this and wish
him well in the future in being sort of the champion on this because
there are a lot of pulls around this place. I think everyone here would
say: Yes, I am for health care; I am for keeping people healthy. We all
get that. But there are so many pulls around here on how to appropriate
money and what we do that sometimes this gets lost in the shuffle. So I
am encouraged and pleased the distinguished Senator from Connecticut
will be focused on this Prevention and Public Health Fund. It is making
changes all over this country in profound ways--in profound ways--and
in our communities.
Our communities are now getting together. I say to the Presiding
Officer, the communities in Maine are now getting together and thinking
about what they can do as a community to provide for more healthy
activities and encouragement for people in their communities, and they
are getting grants from the Prevention and Public Health Fund to do
just that. Communities all over America are beginning to think about
this and taking action.
It is simple things sometimes. A small community in Iowa--a very
small town--had a retirement home for the elderly, but they didn't have
anyplace for the elderly to exercise. So they built a walking path.
They put park benches along the way and a couple of little shelters so
they could come right out the door and walk. I don't know how far it
is--maybe a mile or two. So it is just simple things like that. Before
they had no place to go at all to get that kind of exercise.
So again, this Prevention and Public Health Fund, I hope, will remain
a priority, and I hope the Senator from Connecticut will continue his
great leadership in this area. I thank him for that and for his
excellent statement. If on the outside I can ever be of help in any
way, let me know. But I know it is in good hands with the Senator from
Connecticut.
I yield the floor.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. BLUMENTHAL. I want, again, to thank my great friend, Senator
Harkin, for the legacy of public health advocacy that he will leave for
all of us. I pledge to him that I will carry on, among many others, I
am sure, that legacy and advocacy.
The Senator mentioned that it is easy to be unhealthy and harder to
be healthy. Part of the reason is lack of awareness and education, and
perhaps, in some instances, even a lack of income and wherewithal. Just
let me pose the question to him of whether that impression is true.
Mr. HARKIN. If my friend will yield, I think that is absolutely true.
First of all, it is true that a lot of times low-income people don't
have access to a more healthy environment. The food deserts we call
them in our inner cities, where they do not get the fresh fruits and
vegetables and items like that. That has to be addressed also, making
it easier for them to be healthy. Again, it is an awareness.
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I would say to my friend one other thing, and I hope my friend will
take a look at what is now undergoing a trial period. It is something
that was put in the last farm bill as a trial period for food stamp
recipients--people who are on what they call food stamps, which are not
food stamps anymore, as the Senator knows--to provide incentives for
low-income people, people who use food stamps, to purchase more fruits
and vegetables rather than just starches, fats, and sugars. That
project is ongoing now. So I would say to the Senator that perhaps next
year he might want to take a look at that with the Secretary of
Agriculture and see how that project is doing.
Again, this is just a trial, an experiment, to see what we can do to
incentivize people who are on food stamps to use them more for more
healthy foods. But it is that lack of awareness. The Senator is
absolutely correct.
Mr. BLUMENTHAL. My impression also is--and perhaps the Senator has
some views on this--that, in a way, we have a responsibility in this
body to create that awareness and to spend the money on what should be
regarded as an investment. It is spending, and it involves funding. But
really the way to look at it is as an investment in education, in the
clinics and the doctors and the services that can make Americans
healthier and save us dollars over the long term--not only in the money
spent on truly preventable diseases but also avoiding the suffering and
the pain that is involved in many of those diseases, whether it is
cancer or heart disease or diabetes, which are connected to so many
preventable conditions.
Mr. HARKIN. I thank my friend. I remember Dr. Andrew Weil, who is
very well known in this country and a good friend of mine, once made
the statement sometime ago in a hearing that the default state of the
human body is to be healthy. The body wants to be healthy. After all
these millennia of changes, the body wants to be healthy. The problem
is we put all these obstacles in the way.
I think that is true of people. People want to be healthy. They may
not know that some of their lifestyle choices, some of what they do is
provoking their illnesses. So I think it is our job to make people more
aware of that and to help to provide some assistance, to provide some
incentives for them to have a more healthy lifestyle.
I say to my friend from Connecticut, people will be here, I hope, for
the next highway bill. We haven't been able to get one for a long time.
I was here for the last one. I had an amendment I thought was going to
pass. It was simply this: Any time Federal funds are involved in
communities for streets or roads or highways or bridges or whatever,
there must be incorporated in the plan provisions for walkways or bike
paths along the side. I didn't say they had to build them. I just said
they had to be put in the plans.
They are doing that in Europe, by the way. Every road, every street
built has a walkway or a bike path--both for walking or biking.
Someone here objected to it, and we didn't get it. But I still think
that would be something, again, to make people more aware. If they are
incorporated in the plans, they might see it doesn't cost that much
more to add it on to a road or bridge or whatever--the streets we are
building in this country. Again, it makes it easier for people to be
healthy--just a little thing like that. So I hope the Senator would
take a look at that the next time the highway bill comes up.
Mr. BLUMENTHAL. Mr. President, I certainly will pledge to do so and
will think of the Senator from Iowa when we do, hopefully, consider the
next such highway bill. But let me just say, in conclusion, for myself,
I was not going to mention the ``R'' word--the retirement word--because
it seems almost impossible to imagine this body without the Senator
from Iowa not only because of his advocacy of the Prevention and Public
Health Fund but also his constant reminding us and his unceasing
advocacy for better public health, for championing the interests of
ordinary working men and women. So I thank him for that legacy to me
and for so many others.
Mr. HARKIN. I thank the Senator for his kindness.
The PRESIDING OFFICER. The Senator from Iowa.
International Disability Rights Day
Mr. HARKIN. Mr. President, I see my friend from Tennessee here on the
floor, but I want to take a few minutes on another subject.
Today, December 3, is International Disability Rights Day--
International Disability Rights Day. It is observed around the globe as
a day to think about, consider, and support more fully inclusion of
people with disabilities in all aspects of our societies, to provide
the support and the accommodations for people with disabilities to get
a good education, to get employment, and to be able to enjoy all
aspects of life with their families and their friends in all societies
around the world.
This date commemorates this fight for equality and opportunity and
access for people with disabilities all around the globe. In 150
countries and the European Union, they have ratified the United Nations
Convention on the Rights of Persons with Disabilities, a day to
celebrate a future of increased opportunities and inclusion for people
with disabilities.
I am proud of the fact that we in America have been the leader in the
world on disability rights and inclusion. Beginning with IDEA--the
Individuals with Disabilities Education Act--and followed up by the
Rehabilitation Act, the Americans with Disabilities Act, and the
Americans with Disabilities Act Amendments Act of 2008, we helped set
the framework for equal opportunity and full participation for
individuals with disabilities. Most of the world now shares those
principles, and they have shown their support by signing onto this
treaty--this convention. But there is a difference between signing on
to principles and implementing them.
By ratifying the CRPD, as it is known--the Convention on the Rights
of Persons with Disabilities--we can play an important role in helping
other countries actually implement that treaty, that convention, those
principles.
Under our system of government, the President of the United States
has already signed for the United States on this treaty, but under our
system of government, under our Constitution, that must be ratified by
a vote in the Senate, a vote requiring two-thirds of those present and
voting--not two-thirds of the Senate, two-thirds of those present and
voting. That is what it says in the Constitution.
As we all know, 2 years ago this month we brought this treaty up for
a vote in the Senate, and it failed by six votes. I think at that time
there was a lot of misinformation about it. But under our system, it
had to go back to the White House, it having died that Congress. It
came back this Congress under the great leadership of Senator Menendez.
We had further hearings on it. The bill was reported out of the Foreign
Relations Committee this summer. Yet we cannot bring it to the floor
because of some objections by a few on the Republican side--not every
Republican, just a few.
I always want to point out that we had courageous Republicans
supporting this. Ever since the adoption of the Americans with
Disabilities Act, Senator McCain has been a stalwart supporter of the
rights of people with disabilities. Senator Barrasso from Wyoming,
Senator Kirk from Illinois, Senator Ayotte from New Hampshire, Senator
Murkowski of Alaska, and Senator Collins from Maine have all been
supporters. That is as it should be. Disability policy has never been a
partisan issue. In this body, in the 30 years I have served here, it
has never been a partisan issue.
I am sorry the Convention on the Rights of Persons with Disabilities
seems to be caught up in some kind of partisanship, and that shouldn't
be. I was hoping we might bring it up for another vote before we left.
I asked consent to do so, and it was objected to by the junior Senator
from Utah at that time. So this Congress will adjourn once again
without ratifying this convention.
[[Page 16564]]
Last evening I was privileged to share an honor by the U.S.
International Council on Disabilities with Professor Patrick Quinn, a
citizen of Ireland, who was very instrumental in drafting the
Convention on the Rights of Persons with Disabilities at the United
Nations. He pointed out that much of what they did was based on the
Americans with Disabilities Act and that it would send a bad signal
around the world if we aren't going to join with the community of
nations in helping them implement the principles. As I said, we can
sign on to the principles, but implementing them is quite another
story. That is where we can be very helpful.
Some people say that we can do that on our own, that we don't need to
be a part of this treaty. But we don't have the wherewithal to go to
every country and do that. We don't have that many personnel. We have
budget constraints too. But if we join with other nations--and there
are other nations that are very good at implementing disability policy,
both in the European Union--and I might mention that great nation of
Ireland. They have been very good at implementing disability policies.
We could work with other countries, and when we go to other countries
to help them implement these principles so that people with
disabilities can have a fair place in their societies, an equal place
in their societies, it is better if we speak a common language--not the
United States going in and telling them ``Here is what you should do''
but go into a country with other nations and say ``Here is what we do.
Here is what we do together. Here is what we can do to help you
implement the principles on which you signed the treaty.'' It is a
shame we can't ratify it.
Again I point out, as I have many times, that it has broad support in
our society. Think about this. We have a measure coming before the
Senate--that doesn't go before the House, just the Senate. We have a
measure that is supported by the following: The U.S. Chamber of
Commerce--Tom Donahue has been a stalwart supporter of this from the
very beginning. We have the U.S. Chamber of Commerce. The Business
Roundtable, led by a former Republican Governor of Michigan, John
Engler, came out in strong support of this. The veterans groups all
support this. We have all of the faith-based groups. In fact, on
November 10 of this year, we received a letter from the National
Association of Evangelicals supporting this treaty. The high-tech
industries. All of the disability groups without exception support
this.
I must also mention that one of the strong supporters who has poured
his heart into trying to get this adopted is our former majority leader
of the Senate, Bob Dole. I would also point out that every former
Republican leader of the Senate supports this treaty--Bob Dole, Trent
Lott, and Bill Frist. Every former President of the United States, from
Jimmy Carter, to George H.W. Bush, to President Clinton, President
George W. Bush, and President Obama--all support this. So we would
think this would be a slam dunk, but there are a few who have blocked
this from coming up. Over 800 disability, civil rights, and faith
groups, 20 top veterans organizations, and I mentioned the Chamber of
Commerce and the Business Roundtable--all support this.
It is sad that on this International Disability Rights Day, I am sad
to say, it looks as though the clock is running out and we will not
even vote again on it this year, let alone adopt it.
Next year I will not be here. I am retiring next year. My friends on
the Republican side will take over the Senate. I hope they will pick up
on this and take this treaty--move it through their committee and bring
it out on the floor. It should not be a partisan issue. If there are
some things that need to be done with the reservations, understandings,
and declarations, fine. There were some changes made this last time to
accommodate the concerns of people who were concerned about
homeschooling. There is a whole new thing that was put in there on
homeschooling.
I am hopeful we will continue our efforts to pass this and to become
a part of this international effort.
People wonder: The United States--we are so good on disability
policy, we can help people with disabilities all around the globe. I
can't say how many times I have had people who have talked to me in the
past, young people who are students in universities who got some kind
of a grant to go overseas to study but can't do it because of
accessibility issues in other countries. They just can't get around.
They can't find adequate housing. So it is still part of discrimination
globally, and, again, we should be a part of it.
So I take the floor on this International Disability Rights Day to
ask that this Senate in the future take up the Convention on the Rights
of Persons with Disabilities, ratify it, and let's become a part of the
international effort to work with every other country in the world to
implement the kinds of policies we have in this country that provide
equal opportunity, full participation, independent living, and economic
self-sufficiency to people with disabilities--the four great goals of
the Americans with Disabilities Act. We can do this, we should do it,
and we should do it with our friends around the globe.
Mr. President, I yield the floor.
The PRESIDING OFFICER (Mr. Blumenthal). The Senator from Tennessee.
Mr. ALEXANDER. Mr. President, before I begin my remarks, I wish to
acknowledge once again my gratitude for Senator Harkin and his
leadership for these past 2 years that I have had the privilege of
working with him as ranking member of the Health, Education, Labor, and
Pensions Committee and to acknowledge once again that there has been no
one in this body on either side of the aisle who has been a greater
champion for Americans with disabilities.
Mr. HARKIN. Mr. President, will the Senator from Tennessee yield?
The PRESIDING OFFICER. The Senator from Iowa.
Mr. HARKIN. I thank the Senator for those kind remarks. Let me say
again what a pleasure it has been to work with the Senator from
Tennessee for the last few years. In the last couple of years, we
brought a lot of meaningful legislation through our committee, signed
by the President. In fact, as my friend from Tennessee pointed out, we
had 21 bills through our committee signed by the President--the most
productive committee I think in the entire Congress; I know in the
Senate.
So as I retire, the Senator from Tennessee, I hope, will be taking
over the HELP Committee, and it will be in good hands. The Senator is a
person of good will and good heart and good mind. After all, he has all
the background needed--former president of the University of Tennessee,
former Secretary of Education, former Governor, and, of course, U.S.
Senator. So the HELP Committee will be in good hands with the Senator
from Tennessee.
Mr. ALEXANDER. Mr. President, I thank the Senator from Iowa.
Inland Waterways Trust Fund Fee Increase
Mr. President, the House of Representatives is expected to pass
tonight legislation that should be very good news to Americans who care
about their jobs and Americans who care about the condition of our
inland waterway systems.
Inland waterway systems aren't on the front page of the U.S.
newspapers until a lock closes or something happens and the cargo can't
get down the river, and then it is big trouble. Which is the case in
Tennessee with the Chickamauga Lock, an old lock that the Army Corps of
Engineers says could close. It is in such bad shape, and if it were to
close it would throw 150,000 heavy trucks on I-75 and disrupt the
economy in all of eastern Tennessee. That same picture applies in many
other parts of our country to these important waterways: The
Mississippi, the Missouri, the Tennessee, and the Ohio--rivers that
carry so much of the heavy cargo that provides income and jobs for so
many American families.
Tonight the House of Representatives is expected to enact the third
part of a three-part plan that was envisioned in the American
Waterworks Act of 2012, which would provide a permanent, long-term
solution to having the kind
[[Page 16565]]
of inland waterway system that a great country such as the United
States deserves. I wish to speak for a moment about the effect that has
not just on our country but on my home State of Tennessee.
For our country, it would be hard to imagine how we could carry cars
and coal and agricultural equipment from the great Midwest and the
South to the rivers to be shipped overseas without the barges that
carry that equipment, millions of tons of cargo every year, and it is
usually cheaper and faster than many other forms of transportation.
That means more jobs and more money in the pockets of Americans who are
able to work for industries that are competitive.
The legislation the House is expected to pass will provide $260
million for inland waterway projects across the country over the next
10 years. It is important to note that this fee is paid entirely by the
owners of the big commercial barges that use the locks when they go
down the rivers, and that none of it would be paid by the fishing boats
and recreation boats which also use the locks. In other words, the big
commercial barges are going to pay more to get through the locks
faster, to save money and to save time, and that is good for the
fishermen as well, without any cost. This is the third step in the
American Waterworks Act that was proposed in 2012.
This step would increase by 9 cents the way the fee is calculated
that the big barge companies pay to go through the locks. The barge
companies have volunteered to do this. They have been pleading with the
U.S. Congress, saying, ``Please raise the fee we pay to go through the
locks so you can use the Corps of Engineers to replace the locks so we
can go through faster and cheaper.'' So the House is taking steps to do
that tonight. The fee will increase from 20 to 29 cents per gallon of
fuel used and, as I said, $260 million of that over the next 10 years
will go to help repair these locks.
The first two steps in the plan of the American Waterworks Act were
enacted by law earlier this year as part of the Water Resources Reform
and Development Act. Step 1 was to take the Olmsted lock in Ohio and
treat it separately, because it was soaking up all the money that might
be available for all the other locks in the country. Step 2 was to
create a prioritization of the locks, so we didn't come here every year
and say my lock is more important than your lock. And, in fact, with
that, the Chickamauga lock in Tennessee became No. 4. And Step 3 is the
user fee I talked about earlier.
What difference does this legislation mean for the State of Tennessee
and the Chickamauga lock? Well, for years the Chickamauga lock has been
subject to year-by-year efforts by those of us in Congress to find a
little money to repair it, to keep it from closing, all knowing full
well that if we didn't replace it, it would one day soon close. Those
days are over. This is a long-term solution that says, No. 1, the
Olmsted lock which has been soaking up the money has been reduced,
Chickamauga lock is a fourth priority in the government, and now we
have money paid by the big barge owners that, when combined with the
annual appropriations, should make it possible to begin to replace
Chickamauga lock beginning in the year in 2016. That would mean it
would still take several years to replace the lock. It would mean it
would still cost about half a billion dollars. But it would mean that
instead of year-by-year appropriations and guessing games that the Army
Corps of Engineers can have a long-term plan and begin to do the job,
and those who are making plans to invest in our part of the region--not
just in Chattanooga but in eastern Tennessee--can know if they do that,
the lock would be there to help provide low-cost transportation for
what they manufacture and what they grow.
I want to thank a variety of people who have taken great leadership
in this. The Senator from Pennsylvania, Senator Casey, and I have been
the joint sponsors of this legislation in the Senate. We are very
hopeful that the House will do its work tonight and the Senate will do
its work next week and that the bill will go to the President before
the end of the year and this will be law by the end of the year. So I
thank him for his leadership.
I also want to congratulate Congressman Fleischmann of Chattanooga
who rounded up a group of Republican Members to support this effort,
and Congressman Duncan from Knoxville. Speaker Boehner has been very
helpful, and Congressman Camp has been very helpful.
In the Senate I would like to thank Senator Vitter, who is the
ranking member of the Environment & Public Works Committee for his
leadership on this effort, and I would like to thank Senator Reid, the
majority leader, and Senator McConnell, the Republican leader, for
their cooperation on this.
Nothing is ever done in the U.S. Congress until it is finally done.
So this is passing the House tonight and it is expected to pass the
Senate next week, which is very good news for Americans who depend on
the inland waterways for their jobs, and in Tennessee where change--
instead of a year-by-year appropriation, it is an effort, it is the
first chance we have had to have a long-term solution to the
replacement over the next several years of Chickamauga lock beginning
as early as the year 2016.
Thank you, Mr. President. I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Kearney and Pappert Nominations
Mr. CASEY. Thank you, Mr. President. I rise and ask unanimous consent
to speak as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CASEY. Thank you, Mr. President.
I rise this evening to talk about two of our judicial nominations who
are before the Senate today. We have gotten through one vote, and we
will be having several more on a number of judges. The two I will speak
about are Mark Kearney and Jerry Pappert, and I know my colleague
Senator Toomey is with us and I will make some remarks and I will
obviously be here for his remarks as well.
First and foremost, I am grateful to be working with Senator Toomey
on these nominations as we have on others. It is a long and difficult
process for everyone, ever more so if you are a candidate, someone who
puts yourself forward to be a U.S. district court judge. We are
grateful that individuals are willing to do that, but it does not work
unless we work together here in the Senate, and Senator Toomey and I
have been working together over several years now. We have got one
additional nomination after this, we hope, by the end of the year.
I would like to give a little bit of biographical background on both
of these nominees. Mark Kearney is currently managing shareholder at
Elliot Greenleaf & Siedzikowski, where he has worked since 1990. He has
spent almost a quarter of a century in a firm that does a wide variety
of legal matters. I know this firm well and I know the work they do on
litigation and all kinds of complex litigation. Mark has broad and
diverse experience in that firm. Previously he worked at the Elliot
Mannino & Flaherty firm, going back and forth in his days at the Elliot
Greenleaf & Siedzikowski firm.
After law school he clerked in the Delaware Court of Chancery
following his legal training. Of course that is a court that has a high
degree of specialization. A lot of business matters and obviously
corporate matters come before that very well-known court in Delaware.
Mark Kearney is also obviously very active in his community and I
have known him for a couple of decades now. He serves on various
charitable and civic organizations including director for Legal Aid of
Southeastern Pennsylvania, the Pennsylvania Bar Institute as well, and
the Montgomery County Bar Foundation.
Finally, in that vein of service to his community, he has worked as a
volunteer child advocate of the Montgomery Child Advocacy Project since
2007 and served as director of that organization from 2009 to 2012.
Montgomery County is one of our largest counties by way of
[[Page 16566]]
population, just bordering Philadelphia. It is a big county that has
challenges as any county of its size, and to have a judge--or nominee
whom we hope will become a judge after our voting--to have spent that
time with children in an advocacy position is a great testament to
Mark's commitment.
So whether you focus on his academic credentials as someone who had a
wide variety of matters come before him as a lawyer in a big firm,
whether it is volunteer work and therefore his commitment to service,
Mark is well prepared and I believe one of the best nominees we have
put forward for the U.S. District Court for the Eastern District of
Pennsylvania.
I have known him a long time. When I make a decision about whether to
support a particular candidate for judge of any court, but especially a
district court judge, I look at their academic training and experience
and whether it is experience as a lawyer and advocate or in some cases
a lawyer as well as a judge. You have to make an assessment of
someone's character, their integrity, their judicial temperament, all
of those qualities and attributes you would want to find in a judge. On
all those, Mark Kearney is someone I know personally who possesses
those attributes and qualifications. But I also know him as someone who
just by virtue of his record that we can recite here is well prepared
to serve as a district court judge.
I would ask my colleagues to give him on this vote all the
consideration that is warranted.
Jerry Pappert, more formally Gerald Pappert--I think I am allowed to
call him Jerry until he becomes a judge--is someone I met in State
government. I was in an elected position--it is now 18 years ago I was
elected, and early in my term I was having a meeting with the attorney
general, Mike Fisher, who is now on the Third Circuit Court of Appeals.
Attorney General Fisher brought his chief of staff, his first deputy,
as they called it in that department, to a meeting with my chief of
staff and we sat down at a restaurant to have pizza one night to talk
about how our offices could work together, even though they don't have
an overlapping jurisdiction. But it was one of those meetings you never
forget. It was the first time I met Jerry Pappert. I knew then of his
commitment to service, because he was serving in the top position in
the State attorney general's office. Years later he became an attorney
general when there was a vacancy. He served as the attorney general of
Pennsylvania.
He currently serves as the chairman of the Pennsylvania Banking and
Securities Commission in Harrisburg. Previously he was a legislative
appointee to the Commonwealth Financing Authority and Department of
Community and Economic Development, a very important authority which
makes determinations about where to invest tax dollars--economic
development dollars--across Pennsylvania and how to make those
difficult decisions about where dollars should go and how to grow the
economy.
From December of 2003 to January of 2005, as I mentioned, he was the
attorney general of the State, and prior to that serving as first
deputy. As attorney general he was in the National Association of
Attorneys General, dealing with issues that relate to Pennsylvania and
law enforcement and prosecution, but also on national issues that are
common to all the States. So I know Jerry well and I know him to be
someone of the highest caliber and integrity and commitment to service
and commitment to justice. His long and significant history of service
to our Commonwealth prepares him well to serve his Commonwealth, but
also a Federal district court position as a U.S. district court judge.
I can say the same of Jerry that I said of Mark Kearney, in terms of
his qualifications, experience, but also his character and his
integrity. I am grateful to have the opportunity to speak about both of
these candidates and certainly am grateful to have a chance to work
with Senator Toomey on moving these nominations forward and we hope
tonight bringing them to a conclusion upon confirmation.
I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. TOOMEY. Thank you, Mr. President.
I rise to offer my support as well to the two nominees to serve as
judges for the U.S. District Court for the Eastern District of
Pennsylvania, Jerry Pappert and Mark Kearney, whom we are scheduled to
confirm in a short time.
Let me start by thanking Chairman Leahy and Ranking Member Grassley
for facilitating this process and handling this at the committee level,
and I want to thank Leader Reid and Leader McConnell for bringing these
nominees to the Senate floor. I also want to take a moment to thank my
colleague from the great Commonwealth of Pennsylvania, Senator Casey,
for all the work he and I have been able to do together. The
collaboration we have had has been very constructive and it has been a
pleasure to work with Senator Casey. In the 4 years I have been in the
Senate, we have confirmed 11 district court judges. We have been able
to place a judge in the Reading courthouse in Berks County which had
been vacant for 3 years. We were able to place a judge in Easton
courthouse in Northampton County which had been vacant for 10 years.
With the confirmations that I am certainly hopeful about tonight, Mr.
Pappert and Mr. Kearney, that number will rise to 13 members of the
Federal bench from Pennsylvania in just the past 4 years.
We have one additional district court nominee, Joseph Leeson,
awaiting a vote from the full Senate, and I am looking at a speedy
confirmation of his candidacy as well.
Before I speak on the two nominees before us this evening, I want to
briefly note how pleased I was that on November 20 the Senate confirmed
Wendy Beetlestone to serve on the District Court for the Eastern
District of Pennsylvania. She was confirmed unanimously by voice vote
and I think that was a testament to her strong qualifications. I am
delighted that Senator Casey and I were able to see that to completion.
Let me say a couple of words about Jerry Pappert.
Senator Casey spoke about Mr. Pappert. Jerry Pappert is eminently
qualified for this post. He is a graduate of Notre Dame Law School and
has an extensive and diverse legal background. He is currently a
partner at Cozen O'Connor, which is a practice that has an emphasis on
commercial litigation.
Prior to that he was the general counsel at Cephalon, where he
oversaw all of the company's litigation, financial transactions, and
intellectual property issues.
Not only has he handled a very wide range of issues in the private
sector, but Mr. Pappert has also demonstrated his dedication to public
service. As Senator Casey pointed out, he was a very successful
attorney general for Pennsylvania for 6 years. He has successfully
argued cases before the U.S. and Pennsylvania Supreme Courts. He won a
landmark case before the U.S. Supreme Court, Booth v. Churner, which
set forth the administrative exhaustion requirement for a prisoner
seeking to sue in Federal court.
Mr. Pappert has also enjoyed bipartisan support in the Senate. The
Senate Judiciary Committee successfully voted him out of committee on a
voice vote back in September.
Mark Kearney is the other gentleman we will be voting on in a short
time. He is a graduate of Villanova University School of Law and a very
successful attorney. As Senator Casey pointed out, he is a managing
shareholder at Elliott Greenleaf & Siedzikowski, where he has been for
24 years and practices commercial litigation.
Mr. Kearney is highly respected by his colleagues. He received the AV
peer review rating in the Martindale-Hubbell system--the highest
rating. He has also taken time to give back to his community. He put a
lot of time and energy into an issue that is very important to me; that
is, protecting children from dangerous predators. Mr. Kearney has
worked with the Montgomery County Child Advocacy Project, representing
abused children, and I commend him for that service.
[[Page 16567]]
Mr. Kearney has also enjoyed bipartisan support in the Senate. He was
voice voted out by the Senate Judiciary Committee, reflecting unanimous
support for his candidacy.
It is clear, and I believe strongly, that both Mr. Pappert and Mr.
Kearney have the experience, acumen, and commitment to public service
that will make them excellent additions to the Federal bench. I am
pleased to speak on their behalf, and I am grateful to Senator Casey
for the cooperative effort that has gotten us to this point.
I urge my colleagues to support the confirmation of these two
outstanding individuals.
I yield the floor.
The PRESIDING OFFICER. Under the previous order, all postcloture time
has expired.
____________________
NOMINATION OF DAVID J. HALE TO BE UNITED STATES DISTRICT JUDGE FOR THE
WESTERN DISTRICT OF KENTUCKY--Continued
The PRESIDING OFFICER. The question is, Will the Senate advise and
consent to the nomination of David J. Hale, of Kentucky, to be United
States District Judge for the Western District of Kentucky?
The nomination was confirmed.
____________________
NOMINATION OF MARK A. KEARNEY TO BE UNITED STATES DISTRICT JUDGE FOR
THE EASTERN DISTRICT OF PENNSYLVANIA--Continued
The PRESIDING OFFICER. Under the previous order, the question is,
Will the Senate advise and consent to the nomination of Mark A.
Kearney, of Pennsylvania, to be United States District Judge for the
Eastern District of Pennsylvania?
The nomination was confirmed.
____________________
NOMINATION OF GERALD J. PAPPERT TO BE UNITED STATES DISTRICT JUDGE FOR
THE EASTERN DISTRICT OF PENNSYLVANIA--Continued
The PRESIDING OFFICER. Under the previous order, the question is,
Will the Senate advise and consent to the nomination of Gerald J.
Pappert, of Pennsylvania, to be United States District Judge for the
Eastern District of Pennsylvania?
The nomination was confirmed.
____________________
CLOTURE MOTION
The PRESIDING OFFICER. Under the previous order, there will be 2
minutes of debate prior to the vote on the motion to invoke cloture on
the Orr nomination.
Who yields time?
Mr. GRASSLEY. I yield back our time.
Mrs. FEINSTEIN. I yield back our time.
The PRESIDING OFFICER. Without objection, all time is yielded back.
Pursuant to rule XXII, the Chair lays before the Senate the pending
cloture motion, which the clerk will state.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Franklin M. Orr, Jr., of California, to be Under Secretary
for Science, Department of Energy.
Harry Reid, Mary Landrieu, Jon Tester, Barbara Boxer,
Charles E. Schumer, Benjamin L. Cardin, Patrick J.
Leahy, Richard J. Durbin, Robert P. Casey, Jr.,
Christopher A. Coons, John D. Rockefeller IV, Carl
Levin, Bill Nelson, Ron Wyden, Sheldon Whitehouse,
Christopher Murphy, Patty Murray, Tom Udall.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on the
nomination of Franklin M. Orr, Jr., of California, to be Under
Secretary for Science, Department of Energy, shall be brought to a
close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Louisiana (Ms. Landrieu)
and the Senator from Colorado (Mr. Udall) are necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Oklahoma (Mr. Coburn) and the Senator from Mississippi
(Mr. Cochran).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 71, nays 25, as follows:
[Rollcall Vote No. 306 Ex.]
YEAS--71
Alexander
Ayotte
Baldwin
Barrasso
Begich
Bennet
Blumenthal
Booker
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Collins
Coons
Cornyn
Donnelly
Durbin
Feinstein
Flake
Franken
Gillibrand
Graham
Hagan
Harkin
Hatch
Heinrich
Heitkamp
Hirono
Isakson
Johnson (SD)
Kaine
King
Kirk
Klobuchar
Leahy
Levin
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Paul
Portman
Pryor
Reed
Reid
Rockefeller
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Toomey
Udall (NM)
Vitter
Walsh
Warner
Warren
Whitehouse
Wyden
NAYS--25
Blunt
Boozman
Corker
Crapo
Cruz
Enzi
Fischer
Grassley
Heller
Hoeven
Inhofe
Johanns
Johnson (WI)
Lee
McCain
McConnell
Moran
Risch
Roberts
Rubio
Scott
Sessions
Shelby
Thune
Wicker
NOT VOTING--4
Coburn
Cochran
Landrieu
Udall (CO)
The PRESIDING OFFICER. On this vote, the yeas are 71, the nays are
25. The motion is agreed to.
____________________
NOMINATION OF FRANKLIN M. ORR, JR., TO BE UNDER SECRETARY FOR SCIENCE,
DEPARTMENT OF ENERGY
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant bill clerk read the nomination of Franklin M. Orr, Jr.,
of California, to be Under Secretary for Science, Department of Energy.
____________________
CLOTURE MOTION
The PRESIDING OFFICER. Under the previous order, there will be 2
minutes of debate prior to a vote on the motion to invoke cloture on
the Hezir nomination.
Who yields time?
Mr. CARDIN. I ask unanimous consent all time be yielded back.
The PRESIDING OFFICER. Without objection, all time is yielded back.
Pursuant to rule XXII, the Chair lays before the Senate the pending
cloture motion, which the clerk will state.
The assistant bill clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Joseph S. Hezir, of Virginia, to be Chief Financial Officer,
Department of Energy.
Harry Reid, Mary Landrieu, Patrick J. Leahy, Elizabeth
Warren, Robert Menendez, Barbara Mikulski, Jack Reed,
Richard Blumenthal, Carl Levin, Christopher Murphy,
Kirsten E. Gillibrand, Sheldon Whitehouse, Patty
Murray, Thomas Carper, John D. Rockefeller IV, Jeff
Merkley, Richard J. Durbin, Benjamin Cardin.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on the
nomination of Joseph S. Hezir, of Virginia, to be Chief Financial
Officer of the Department of Energy, shall be brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The assistant bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Louisiana (Ms.
Landrieu), the Senator from West Virginia
[[Page 16568]]
(Mr. Rockefeller), and the Senator from Colorado (Mr. Udall) are
necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Oklahoma (Mr. Coburn) and the Senator from Mississippi
(Mr. Cochran).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 68, nays 27, as follows:
[Rollcall Vote No. 307 Ex.]
YEAS--68
Ayotte
Baldwin
Begich
Bennet
Blumenthal
Blunt
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Collins
Coons
Cornyn
Donnelly
Durbin
Feinstein
Flake
Franken
Gillibrand
Graham
Hagan
Harkin
Hatch
Heinrich
Heitkamp
Hirono
Inhofe
Isakson
Johnson (SD)
Kaine
King
Klobuchar
Leahy
Levin
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Paul
Pryor
Reed
Reid
Rubio
Sanders
Schatz
Schumer
Sessions
Shaheen
Stabenow
Tester
Toomey
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wyden
NAYS--27
Alexander
Barrasso
Boozman
Burr
Corker
Crapo
Cruz
Enzi
Fischer
Grassley
Heller
Hoeven
Johanns
Johnson (WI)
Kirk
Lee
McCain
McConnell
Moran
Portman
Risch
Roberts
Scott
Shelby
Thune
Vitter
Wicker
NOT VOTING--5
Coburn
Cochran
Landrieu
Rockefeller
Udall (CO)
The PRESIDING OFFICER. On this vote, the yeas are 68, the nays are
27.
The motion is agreed to.
____________________
JOSEPH S. HEZIR TO BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF ENERGY
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant bill clerk read the nomination of Joseph S. Hezir, of
Virginia, to be Chief Financial Officer, Department of Energy.
The PRESIDING OFFICER. Under the previous order, with respect to the
confirmation votes on the Hale, Kearney, and Pappert nominations, the
motions to reconsider are considered made and laid upon the table, and
the President will be immediately notified of the Senate's actions.
Mr. HOEVEN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER (Mr. Heinrich). Without objection, it is so
ordered.
Mr. REID. I ask unanimous consent that all postcloture time on the
Orr and Hezir nominations be considered expired and the votes on
confirmation of these nominations occur at 10 a.m. tomorrow morning.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
MORNING BUSINESS
Mr. REID. Finally, I ask unanimous consent that the Senate proceed to
a period of morning business, with Senators allowed to speak for up to
10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
EXECUTIVE SESSION
______
NOMINATION OF GREGORY N. STIVERS TO BE UNITED STATES DISTRICT JUDGE FOR
THE WESTERN DISTRICT OF KENTUCKY
Mr. REID. I now move to proceed to executive session to consider
Calendar No. 1039.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant legislative clerk read the nomination of Gregory N.
Stivers, of Kentucky, to be United States District Judge for the
Western District of Kentucky.
Cloture Motion
Mr. REID. Mr. President, there is a cloture motion at the desk, and I
ask for it to be reported.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Gregory N. Stivers, of Kentucky, to be United States District
Judge for the Western District of Kentucky.
Harry Reid, Patrick J. Leahy, Christopher Murphy,
Christopher A. Coons, Dianne Feinstein, Richard J.
Durbin, Richard Blumenthal, Brian Schatz, Debbie
Stabenow, Michael F. Bennet, Jeff Merkley, Patty
Murray, Barbara Boxer, Edward J. Markey, Al Franken,
Tom Harkin, Sheldon Whitehouse.
Mr. REID. I ask unanimous consent that the mandatory quorum under
rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LEGISLATIVE SESSION
Mr. REID. I now move to proceed to legislative session.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
____________________
EXECUTIVE SESSION
______
NOMINATION OF JOSEPH F. LEESON, JR., TO BE UNITED STATES DISTRICT JUDGE
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Mr. REID. I now move to proceed to executive session to consider
Calendar No. 1040.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant legislative clerk read the nomination of Joseph F.
Leeson, Jr., of Pennsylvania, to be United States District Judge for
the Eastern District of Pennsylvania.
Cloture Motion
Mr. REID. Mr. President, there is a cloture motion at the desk that I
ask to have reported.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Joseph F. Leeson, Jr., of Pennsylvania, to be United States
District Judge for the Eastern District of Pennsylvania.
Harry Reid, Patrick J. Leahy, Christopher A. Coons,
Dianne Feinstein, Richard J. Durbin, Richard
Blumenthal, Brian Schatz, Debbie Stabenow, Michael F.
Bennet, Robert P. Casey, Jr., Jeff Merkley, Christopher
Murphy, Edward J. Markey, Al Franken, Tom Harkin,
Sheldon Whitehouse, Angus S. King, Jr.
Mr. REID. I ask unanimous consent that the mandatory quorum under
rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LEGISLATIVE SESSION
Mr. REID. I now move to proceed to legislative session.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
[[Page 16569]]
____________________
EXECUTIVE SESSION
______
NOMINATION OF LYDIA KAY GRIGGSBY TO BE A JUDGE OF THE UNITED STATES
COURT OF FEDERAL CLAIMS
Mr. REID. I now move to proceed to executive session to consider
Calendar No. 835.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant legislative clerk read the nomination of Lydia Kay
Griggsby, of Maryland, to be a Judge of the United States Court of
Federal Claims.
Cloture Motion
Mr. REID. Mr. President, there is a cloture motion at the desk that I
ask to be reported.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Lydia Kay Griggsby, of Maryland, to be a Judge of the United
States Court of Federal Claims for a term of fifteen years.
Harry Reid, Patrick J. Leahy, Robert Menendez, Patty
Murray, Debbie Stabenow, Benjamin L. Cardin, Amy
Klobuchar, Kirsten E. Gillibrand, Christopher Murphy,
Brian Schatz, Richard J. Durbin, Richard Blumenthal,
Tom Harkin, Angus S. King, Jr., Tom Udall, Mazie K.
Hirono, Sheldon Whitehouse.
Mr. REID. I ask unanimous consent that the mandatory quorum under
rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LEGISLATIVE SESSION
Mr. REID. I now move to proceed to legislative session.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
____________________
EXECUTIVE SESSION
______
NOMINATION OF JEFFERY MARTIN BARAN TO BE A MEMBER OF THE NUCLEAR
REGULATORY COMMISSION
Mr. REID. I now move to proceed to executive session to consider
Calendar No. 1082.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant legislative clerk read the nomination of Jeffery Martin
Baran, of Virginia, to be a Member of the Nuclear Regulatory
Commission.
Cloture Motion
Mr. REID. There is a cloture motion at the desk, and I ask the Chair
to order it reported.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Jeffery Martin Baran, of Virginia, to be a Member of the
Nuclear Regulatory Commission.
Harry Reid, Patrick J. Leahy, Patty Murray, Tom Udall,
Brian Schatz, Charles E. Schumer, Barbara Boxer,
Benjamin L. Cardin, Richard Blumenthal, Jeff Merkley,
Al Franken, Robert P. Casey, Jr., Martin Heinrich,
Elizabeth Warren, Richard J. Durbin, Christopher
Murphy, Bernard Sanders.
Mr. REID. I ask unanimous consent that the mandatory quorum under
rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LEGISLATIVE SESSION
Mr. REID. I now move to proceed to legislative session.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
____________________
EXECUTIVE SESSION
______
NOMINATION OF LAUREN McGARITY McFERRAN TO BE A MEMBER OF THE NATIONAL
LABOR RELATIONS BOARD
Mr. REID. I now move to proceed to executive session to consider
Calendar No. 1083.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant legislative clerk read the nomination of Lauren
McGarity McFerran, of the District of Columbia, to be a Member of the
National Labor Relations Board.
CLOTURE MOTION
Mr. REID. Mr. President, there is a cloture motion at the desk that I
ask to be reported.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Lauren McGarity McFerran, of the District of Columbia, to be
a Member of the National Labor Relations Board.
Harry Reid, Tom Harkin, Patrick J. Leahy, Patty Murray,
Tom Udall, Brian Schatz, Charles E. Schumer, Barbara
Boxer, Benjamin L. Cardin, Richard Blumenthal, Jeff
Merkley, Al Franken, Robert P. Casey, Jr., Martin
Heinrich, Elizabeth Warren, Richard J. Durbin,
Christopher Murphy.
Mr. REID. I ask unanimous consent that the mandatory quorum under
rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LEGISLATIVE SESSION
Mr. REID. I now move to proceed to legislative session.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
____________________
EXECUTIVE SESSION
______
NOMINATION OF ELLEN DUDLEY WILLIAMS TO BE DIRECTOR OF THE ADVANCED
RESEARCH PROJECTS AGENCY-ENERGY, DEPARTMENT OF ENERGY
Mr. REID. Mr. President, I move to proceed to executive session to
consider Calendar No. 552.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant legislative clerk read the nomination of Ellen Dudley
Williams, of Maryland, to be Director of the Advanced Research Projects
Agency-Energy, Department of Energy.
CLOTURE MOTION
Mr. REID. Mr. President, there is a cloture motion at the desk I ask
to be reported.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Ellen Dudley Williams, of Maryland, to be Director of the
Advanced Research Projects Agency-Energy, Department of
Energy.
Harry Reid, Christopher Murphy, Elizabeth Warren, Kirsten
E. Gillibrand, Ron Wyden, Tom Harkin, Angus S. King,
Jr., Richard Blumenthal, Charles E. Schumer, Mazie K.
Hirono, Amy Klobuchar, Barbara Boxer, Tammy Baldwin,
Bernard Sanders, Sheldon Whitehouse, Jeff Merkley.
[[Page 16570]]
Mr. REID. I ask unanimous consent that the mandatory quorum under
rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LEGISLATIVE SESSION
Mr. REID. I now move to proceed to legislative session.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
____________________
EXECUTIVE SESSION
______
NOMINATION OF VIRGINIA TYLER LODGE TO BE A MEMBER OF THE BOARD OF
DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY
Mr. REID. I move to proceed to executive session to consider Calendar
No. 1080.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant legislative clerk read the nomination of Virginia Tyler
Lodge, of Tennessee, to be a Member of the Board of Directors of the
Tennessee Valley Authority.
CLOTURE MOTION
Mr. REID. I send a cloture motion to the desk.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Virginia Tyler Lodge, of Tennessee, to be a Member of the
Board of Directors of the Tennessee Valley Authority.
Harry Reid, Patrick J. Leahy, Patty Murray, Tom Udall,
Brian Schatz, Charles E. Schumer, Barbara Boxer,
Benjamin L. Cardin, Richard Blumenthal, Jeff Merkley,
Al Franken, Robert P. Casey, Jr., Martin Heinrich,
Elizabeth Warren, Richard J. Durbin, Christopher
Murphy, Bernard Sanders.
Mr. REID. I ask unanimous consent that the mandatory quorum under
rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LEGISLATIVE SESSION
Mr. REID. I now move to proceed to legislative session.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
____________________
EXECUTIVE SESSION
______
NOMINATION OF RONALD ANDERSON WALTER TO BE A MEMBER OF THE BOARD OF
DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY
Mr. REID. I move to proceed to executive session to consider Calendar
No. 1081.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. The clerk will report the nomination.
The assistant legislative clerk read the nomination of Ronald
Anderson Walter, of Tennessee, to be a Member of the Board of Directors
of the Tennessee Valley Authority.
CLOTURE MOTION
Mr. REID. The cloture motion has been filed, and I ask that the Chair
have it reported.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Ronald Anderson Walter, of Tennessee, to be a Member of the
Board of Directors of the Tennessee Valley Authority.
Harry Reid, Patrick J. Leahy, Patty Murray, Tom Udall,
Brian Schatz, Charles E. Schumer, Barbara Boxer,
Benjamin L. Cardin, Richard Blumenthal, Jeff Merkley,
Al Franken, Robert P. Casey, Jr., Martin Heinrich,
Elizabeth Warren, Richard J. Durbin, Christopher
Murphy, Bernard Sanders.
Mr. REID. I ask unanimous consent that the mandatory quorum under
rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LEGISLATIVE SESSION
Mr. REID. I now move to proceed to legislative session.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
____________________
UNANIMOUS CONSENT AGREEMENT--EXECUTIVE CALENDAR
Mr. REID. Mr. President, I ask unanimous consent that notwithstanding
rule XXII, at 10 a.m., on Thursday, December 4, 2014, all postcloture
time be considered expired and the Senate proceed to vote on
confirmation of Calendar Nos. 555 and 660; further, that following
these votes, the Senate proceed to vote on cloture on the following
nominations: Calendar Nos. 1039, 1040, and 835; further, that if
cloture is invoked on any of these nominations, that the time until
1:45 p.m. be in morning business, for debate only, equally divided in
the usual form, and that at 1:45 p.m. all postcloture time be
considered expired and the Senate proceed to vote on confirmation of
the nominations in the order upon which cloture was invoked; further,
that following these votes, the Senate proceed to vote on cloture on
the following nominations: Calender Nos. 1082, 1083, and 552; further,
that if cloture is invoked on any of these nominations, that on Monday,
December 8, 2014, following my remarks and those of Senator McConnell,
the time until 5:30 p.m. be in morning business, for debate only,
equally divided in the usual form; and that at 5:30 p.m. all
postcloture time be considered expired and the Senate proceed to vote
on confirmation of the nominations in the order upon which cloture was
invoked; further, that following those votes, the Senate be in a period
of morning business, for debate only; further, that on Tuesday,
December 9, 2014, the Senate be in a period of morning business, for
debate only, with the time equally divided in the usual form; that at
10:30 a.m. the Senate proceed to vote on cloture on Calendar Nos. 1080
and 1081; further, that if cloture is invoked, the time until 6 p.m. be
in morning business, for debate only, equally divided in the usual
form; that at 6 p.m. all postcloture time be considered expired and the
Senate proceed to vote on the nominations in the order listed; further,
that there be 2 minutes for debate prior to each vote and all rollcall
votes after the first vote in each sequence be 10 minutes in length;
further, with respect to the nominations in this agreement, that if any
nomination is confirmed, the motions to reconsider be considered made
and laid upon the table and the President be immediately notified of
the Senate's action.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
MORNING BUSINESS
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Senate proceed to a period of morning business, with Senators permitted
to speak therein for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page 16571]]
____________________
TRIBUTE TO SAM HEMINGWAY
Mr. LEAHY. Mr. President, one of Vermont's longest-serving
journalists, Sam Hemingway, recently retired after a distinguished 37-
year career with the Burlington Free Press. His career at the paper
spans a period of our State's history filled with interesting stories,
and Sam covered so many of them.
During the course of those many years Sam captured the pulse of
Vermont, whether through his personalized columns or his probing
reports. Sam's institutional memory was a rich and vital resource for
the newspaper and for his readers. His writing talents, his reporting
skills and his ability to make personal connections will be sorely
missed.
Marcelle and I join all Vermonters in extending all best wishes to
Sam and his family as they begin a new chapter in their lives.
I ask that this Burlington Free Press article sketching Sam's tenure
and retirement plans be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Burlington Free Press, Oct. 7, 2014]
Hemingway To Retire After 37 Years
(By Adam Silverman, Free Press Staff Writer)
Sam Hemingway, a reporter, editor and columnist who is
among Vermont's most well-known journalists, will retire from
the Burlington Free Press after a career of more than 37
years.
``You don't know how much this place means to me,'' he told
the staff in announcing his departure Tuesday afternoon,
``and I will miss you, and I will miss this work, so much.''
A self-described ``generalist,'' Hemingway's award-winning
coverage stretched from the rejection of a controversial
shopping mall development in Williston in 1977, through the
illegal shipping of arms from a Vermont business to South
Africa in violation of the apartheid-era embargo, to a weeks-
long trip to embed with the Vermont National Guard in
Afghanistan in 2010, among numerous examples across portions
of five decades.
``There's a great thrill, if you're into journalism, if
it's in your blood, to be present in moments of great
importance and to write stories that actually make a
difference,'' Hemingway said Tuesday in an interview before
addressing his colleagues.
``When you work for a paper like this, in a state like
Vermont, if you do a story and do it well, with the idea that
this is going to turn the rock over and show something that
people need to know about, there will be results,'' he
continued. ``You can help make something happen. That's a
great feeling.''
Free Press Executive Editor Michael Townsend praised
Hemingway as a colleague and a journalist.
``With his breadth of experience, Sam knew where to find
the information,'' Townsend said. ``He had a great eye for a
hard news story. He was dependable, productive and engaged.
We will miss his unique style.''
Hemingway, 66, wanted to be a newspaper reporter since
boyhood in New Haven, Conn. With the help of a ditto machine,
he produced a newspaper for his neighborhood. Coverage
included missing dogs, families' vacations plans and who
might have been suffering from the measles.
He edited his high-school newspaper and then studied
journalism at Syracuse University in New York before moving
to Vermont in 1971. He helped start the Lamoille County
Weekly in Johnson, spent a year teaching journalism at
Johnson State College, and then began freelancing for the
Burlington Free Press.
He joined the staff in 1977, when he was assigned to
provide full-time coverage of the debate over the Pyramid
Mall proposal percolating in Williston. Hemingway attended 54
night meetings regarding the Act 250 development-control law
over two years before the project was rejected.
Then came the story Space Research Corp., a North Troy
weapons manufacturer that was breaking an international
embargo to sell millions of dollars of artillery and shells
to South Africa--possibly with the backing of the CIA.
Hemingway recalled sneaking onto the military base at Camp
Lejune, N.C., with a colleague and knocking on the door of a
suspected CIA agent said to be involved--and then departing
in a hurry when the agent called base security. Eventually,
two company officials were convicted of related crimes.
As with his more recent coverage, including of teen girls
from the Burlington area lured into working as prostitutes in
New York, of the priest sex abuse claims against the Roman
Catholic Church, of the heroin epidemic sweeping Vermont,
Hemingway's reporting exposed a rarely seen underbelly of
Vermont.
``If you didn't shine a light on it, the cases might or
might not have reached a point where people went to jail,''
Hemingway said. ``But there's more assurance that justice is
going to be meted out.''
Hemingway is perhaps best known for his column, which he
wrote from 1989 to 2005 (with a yearlong hiatus to cover the
presidential campaign of former Gov. Howard Dean).
``It was wonderful to have a voice,'' Hemingway said. ``The
great thing about that column was it wasn't just a political
column, it wasn't just a crime column, it wasn't a slice of
life, it wasn't a feature--it was all of those things. And it
would change. Sometimes it was first-person. Sometimes it was
personal. Sometimes it was investigative. I broke stories in
the column. And it was very well-read.''
The column aimed to give a voice to the powerless,
Hemingway said.
``It was average folks,'' he said, ``and that was the whole
point of the column: to be an outlet for people who weren't
newsmakers who maybe had trouble with government or a problem
or a personal issue, somebody who lost a kid in a traffic
accident.''
Hemingway's work earned him 11 Best of Gannett awards from
the Burlington Free Press' parent company, along with
citations for excellence from the New England Newspaper and
Press Association, the Vermont Press Association and others.
The time is right to step away, Hemingway said. He has been
thinking of stepping away for some time, and he's ready for a
change. He plans to write, travel and spend time with family:
his wife, Lee, his four adult children and his two
grandchildren--and a third on the way.
His announcement came as the Burlington Free Press shared
plans for a newsroom reorganization, a process other Gannett
properties also are undergoing. Hemingway said his departure
is unrelated.
``It's very hard to walk away from this,'' Hemingway said.
``I need to go. It's time for me to go.''
He has yet to decide on the timing of his last day.
``I'll miss my colleagues in the newsroom,'' he said.
``I'll miss the camaraderie of the journalism community at
large in Vermont, which, even though we sometimes compete, we
all for the most part respect each other.''
Hemingway ended with advice for his colleagues:
``Don't just do the stories that you have to do. Try to
keep looking for the stories that need to be done. . . . You
have to push the limits, go after stories that are out there
but aren't waiting to be written, that you've got to go and
dig out.''
``That's what I've tried to do.''
____________________
CONGRATULATING CELLARS AT JASPER HILL
Mr. LEAHY. Mr. President, Vermont is a farming State: dairy,
livestock, vegetables or fruit, farms across Vermont are known for
their innovative and sustainable approaches to farming and food
production.
The dairy industry in particular is known throughout Vermont, and far
beyond. Dairy cows are a familiar sight for those who live in or visit
our State, and Vermont farms have been recognized both domestically and
internationally for their dairy-based products. The cheese-making
tradition in Vermont dates back to the early 1900s, when Vermont dairy
farmers sought uses for their surplus milk. Since those early days,
many farms have developed methods for artisanal cheese production.
Recently, Jasper Hill--a celebrated farm in Greensboro Bend, VT--won
international recognition at the World Cheese Awards in London, when
its Bayley Hazen Blue cheese won the award for the ``World's Best
Unpasturized Cheese.'' Besting more than 2,600 submissions, Jasper
Hill's award-winning blue cheese also took home a Super Gold award. Six
other cheeses produced by Jasper Hill also won awards. And two other
Vermont cheese makers--Grafton Village Cheese and the Vermont
Creamery--were also recognized.
Some might skip over a story about the World Cheese Awards. But in
Vermont, we take pride in the products we produce from the livestock
nurtured and raised on Vermont's rich land. Farming remains a fabric of
our American story, and in Vermont, it is a tradition that has spanned
generations.
Congratulations to the Cellars at Jasper Hill, to Grafton Village
Cheese, and to the Vermont Creamery for their recent recognitions. They
represent the quality and high standards that are a hallmark of the
Vermont brand.
I ask unanimous consent that the text of a story recently featured
about
[[Page 16572]]
these dairies on Vermont Public Radio be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From Vermont Public Radio, Nov. 17, 2014]
Cellars at Jasper Hill Wins ``World's Best Unpasteurized Cheese''
(By Angela Evancie)
Before a recent batch of the Cellars at Jasper Hill's
Bayley Hazen Blue cheese was finished aging, before it was
ready to sell, and before it would be crowned--or rinded?--
``World's Best Unpasteurized Cheese'' at the World Cheese
Awards in London, its makers knew they had something special.
``I'm not lying when I say we were excited about it at a
young age,'' Vince Razionale, sales and inventory manager for
Jasper Hill, said by phone Monday. ``We tasted it on day 50,
and this particular batch was one that we thought was really
on point.'' (So on point, they thought, that it merited an
Instagram post.)
The more than 250 international cheese experts who judged
the 26th annual World Cheese Awards this weekend agreed.
Bayley Hazen Blue was selected from more than 2,600 cheeses,
first winning a Super Gold award and then its ``World's
Best'' award.
It isn't the only superlative Vermont can add to its list
of aged-milk achievements; Grafton Village Cheese also earned
two Super Golds, for its Shepsog and Bismark cheeses, while
Vermont Creamery took home one gold for its Bijou goat's milk
cheese, and seven bronzes. Six other cheeses by Jasper Hill
also won awards, including gold medals for its Cabot
Clothbound and Moses Sleeper. ``Ten years ago, American
cheese was something to be laughed at in England. Now,
collectively, we're a force to be reckoned with.''--Vince
Razionale, Jasper Hill Farm
Vermont cheese has certainly made a notable debut on the
domestic stage. Vermont's Secretary of Agriculture Chuck Ross
recently noted that cheeses made here have been named ``Best
In Show'' at the American Cheese Society Conference for the
past two years: Jasper Hill's Winnimere in 2013, and the
Farms for City Kids Foundation's Tarentaise Reserve this
year.
But Razionale says the international acclaim shows how far
cheese making, in the U.S. in general and Vermont in
particular, has come.
``Ten years ago, American cheese was something to be
laughed at in England. Now, collectively, we're a force to be
reckoned with.''
____________________
ALAN GROSS
Ms. MIKULSKI. Mr. President, I wish to recognize the fifth
anniversary of the unfair arrest and imprisonment of an American
citizen in Cuba from Maryland, Mr. Alan Gross. I stand with his wife
Judy, and their two daughters in calling for the immediate release of
Mr. Gross by the Cuban government.
In 2009, Mr. Gross went to Cuba as a contractor for the U.S. Agency
for International Development. On this visit to Cuba, he wanted to
assist Cuba's Jewish community by improving their access to the
internet. With a background in social work, he dedicated his career to
helping others around the world.
The Cuban government arrested Mr. Gross on December 3, 2009. He was
held for 14 months without being charged with a crime. He was
eventually charged as a spy and sentenced to 15 years in prison.
At 65 years old, Mr. Gross' physical and mental health has suffered
severely over the past 5 years. He has lost a significant amount of
weight and developed several painful medical conditions. His contact
with his family is extremely limited, compounding his anxiety. On his
birthday, May 2, 2014, Mr. Gross made several statements that
demonstrated the mental strain and anguish that he feels daily.
Following the death of his mother in June, he was visited by his wife
Judy and said his goodbyes to her. Mr. Gross's current physical and
mental state is at a critical point. The Cuban government must allow
him to come home to the United States.
Judy Gross has never given up. She continues to put pressure on the
Cuban government, speaking out against the poor treatment of her
husband. She is a true inspiration, continuing her fight despite the
health and financial challenges that her family has felt.
Every day I think of and pray for the Gross family. I pray that they
are reunited soon. If Cuba wants to improve relations with the United
States, they need to release Mr. Gross now. I thank my colleagues for
standing with me and calling for the release of Alan Gross. I look
forward to the day that we welcome him home to Maryland, and most
importantly, to his family.
____________________
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Mr. ALEXANDER. Mr. President, last week I released a staff report
that found litigation missteps at the Equal Employment Opportunity
Commission are costing taxpayers millions, while at the same time EEOC
faces a deep backlog of discrimination complaints.
The report finds that the EEOC has had a recent pattern of pursuing
questionable cases through sometimes overly aggressive means and as a
result has suffered significant court losses that are embarrassing to
the agency and costly to taxpayers.
Courts have found EEOC's litigation tactics to be so egregious they
have ordered EEOC to pay defendants' attorney's fees in 10 cases since
2011. The courts have criticized EEOC for misuse of its authority, poor
expert analysis, and pursuit of novel cases unsupported by law.
While the agency has pursued high-profile lawsuits without a
complainant, in March 2014 EEOC reported almost 71,000 unresolved
complaints of discrimination from individuals who filed charges. The
agency's litigation has recovered almost $200 million less for victims
than under the previous administration over the same timeframe.
The report finds that EEOC also has suffered from a troubling lack of
transparency. In the past 2\1/2\ years, EEOC has ignored calls from
current Commissioners and Congress to allow public review of
significant and controversial guidance prior to its adoption. Also, the
Office of General Counsel has, since 2010, failed to issue its standard
annual report, and the agency is being sued for violating the Freedom
of Information Act.
Certainly, the EEOC of today has had successful enforcement efforts
and court victories for victims of discrimination, but this report
finds the agency is increasingly demonstrating poor judgment and using
questionable tactics in pursuit of cases that are not fulfilling the
EEOC's objective of protecting employees from workplace discrimination.
The full report, ``EEOC: An Agency on the Wrong Track? Litigation
Failures, Misfocused Priorities and Lack of Transparency Raise Concerns
about Important Anti-Discrimination Agency,'' may be viewed on the HELP
Committee's website, http://www.help.
senate.gov/.
I ask unanimous consent to have the report's executive summary and
key findings printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the U.S. Senate Committee on Health, Education, Labor and
Pensions--Ranking Member Lamar Alexander (R-TN) Minority Staff Report,
Nov. 24, 2014]
EEOC: An Agency on the Wrong Track? Litigation Failures, Misfocused
Priorities, and Lack of Transparency Raise Concerns About Important
Anti-Discrimination Agency
executive summary
The Equal Employment Opportunity Commission (EEOC) serves
an important role in our nation's workplaces. Under the
leadership of five commissioners and a general counsel, EEOC
is charged with protecting employees from discrimination at
work through enforcement of equal opportunity employment
laws. The commission investigates allegations of
discrimination and seeks to mediate cases, allowing lawsuits
to go forward if settlements are unsuccessful. The general
counsel pursues allegations of discrimination in court and
has been deputized by the commission to initiate litigation
in many instances. The commission also issues guidance to
inform the public about how it believes employers should
interpret and apply the laws.
Today's EEOC, however, is pursuing many questionable cases
through sometimes overly aggressive means--and, as a result,
has suffered significant court losses that are embarrassing
to the agency and costly to taxpayers. Courts have found
EEOC's litigation tactics to be so egregious they have
ordered EEOC to pay defendants' attorney's fees in ten cases
since 2011. The courts have criticized EEOC for misuse of its
authority, poor expert analysis, and pursuit of novel cases
unsupported by law. Several courts have openly criticized
EEOC for its failure to satisfy pre-litigation requirements,
such as attempting to resolve discrimination disputes
[[Page 16573]]
out of court; yet, the general counsel is leading an effort
to prevent court review of such requirements.
These court losses also have come at a significant cost to
victims of workplace discrimination. While EEOC's monetary
recoveries for victims through settlements are up, EEOC's
litigation has recovered almost $200 million less for victims
than under the previous administration over the same time
frame. In March 2014, EEOC reported almost 71,000 unresolved
complaints of discrimination from individuals who filed
charges with EEOC.
EEOC also has suffered from a troubling lack of
transparency. In the past two and a half years, EEOC has
ignored calls from current commissioners and Congress to
allow public review of significant and controversial guidance
prior to its adoption. Also, the Office of General Counsel
has, since 2010, failed to issue its standard annual report,
and the agency is being sued for violating the Freedom of
Information Act.
This staff report will first explain the background and
operation of EEOC. Next, the report will explore costly
rebukes of EEOC's recent litigation practices. The report
will also discuss the ways in which EEOC has shown a lack of
transparency.
Today's EEOC has had successful enforcement efforts and
court victories for victims of discrimination, but this
report finds the agency is increasingly demonstrating poor
judgment and using questionable tactics in pursuit of cases
that are not fulfilling the EEOC's objective of protecting
employees from workplace discrimination.
key findings
EEOC's Office of General Counsel frequently initiates
litigation without the benefit of a commission vote. In FY
2012, only three of 122 lawsuits filed by EEOC were brought
to the commission for a vote. According to a former EEOC
general counsel who served from 2003 to 2005, this represents
a significant departure from the previous commission.
EEOC has been sanctioned by courts and ordered to pay
attorney's fees ten times since 2011 for untenable litigation
and litigation strategies. (See Appendix 1.)
Monetary awards pursued in litigation for victims of
discrimination are down from previous years. In FY 2012 and
2013, EEOC recovered $44.2 million and $38.6 million,
respectively--the lowest recovery amounts in the past 16
years.
As of March 2014, EEOC had 70,781 unresolved discrimination
charges pending.
EEOC's credibility is at risk. As one commissioner
described, EEOC's ``reputation and credibility has . . .
suffered from several recent lawsuits where [EEOC was] not
only sanctioned, but openly chastised by the courts.''
A federal court reprimanded EEOC for being ``negligent in
its discovery obligations, dilatory in cooperating with
defense counsel, and somewhat cavalier in its responsibility
to the United States District Court.''
EEOC caused a small employer to spend $100,000 attempting
to comply with requests for information that, according to a
federal judge, ``EEOC had no authority to obtain.''
A unanimous three judge panel of the U.S. Court of Appeals
for the Tenth Circuit found ``[t]he EEOC continued to
litigate . . . claims after it became clear there were no
grounds upon which to proceed.''
EEOC is not consistently meeting its statutory mandate to
attempt to resolve discrimination disputes out of court. One
court found EEOC ``blatantly contravene[d] Title VII's
emphasis on resolving disputes without resort to
litigation,'' and another found EEOC ignored its obligation
to conciliate. EEOC's general counsel is leading the fight to
prevent court review of such efforts, and the U.S. Supreme
Court is reviewing the issue this term.
Successful conciliations (i.e. resolution of a case outside
of court) have decreased from 8,273 during the first five
years of the previous administration to 6,967 during the same
time period in the current administration.
Despite Office of Management and Budget best practices
found in an agency bulletin and support from a majority of
commissioners, EEOC does not allow the public to review or
comment upon its draft guidance, even in cases of novel,
significant or controversial guidance. This is especially
concerning because in two cases last year, the U.S. Supreme
Court rejected substantive positions found in EEOC guidance.
Unlike prior years, EEOC's Office of General Counsel has
only published one annual report since 2010. These reports
summarize the activities and litigation record of the Office
of General Counsel.
EEOC is being sued for failing to meet statutory deadlines
imposed by the Freedom of Information Act (FOIA) and EEOC's
own FOIA regulations.
____________________
REMEMBERING COLONEL ELIOT NATHANIEL PEARL
Mr. BARRASSO. Mr. President, I wish to express our Nation's deepest
thanks and to honor the life of Col. Eliot N. Pearl, U.S. Air Force
(Ret.). On July 12, 2014, Colonel Pearl died at the age of 95
peacefully at his home in Silver Spring, MD.
Today, Colonel Pearl's family will lay him to rest at Arlington
National Cemetery with full military honors in recognition of his 36
years of service to our Nation. In 1939, Eliot graduated from the
Massachusetts Institute of Technology. Instead of becoming a doctor,
Eliot chose to serve his Nation during World War II, much to the
chagrin of his father. He was commissioned into the Army Air Corps and
served as a cryptographic message center officer. Colonel Pearl served
two active duty tours in World War II and the Korean war including a
deployment to Panama. Colonel Pearl was also one of the founding
instructors of the Department of Defense's cryptology schoolhouse.
After Colonel Pearl separated from active duty service, he continued
to serve our Nation in the Air Force Reserve for another 25 years
concurrently working as a cryptologist at the National Security Agency,
Fort Meade, MD.
On August 16, 1978, Colonel Pearl retired from the Air Force. He was
awarded the American Theater Service Medal, World War II Victory Medal,
and National Defense Service Medal.
We continue to live safe and free because of individuals like Colonel
Pearl. He committed his life to serving our Nation while in uniform and
as a civilian. Eliot defended our Nation and led the way for the next
generation that will secure our future.
Colonel Pearl's beloved son David and his beloved second wife Joyce,
preceded him in death. He is survived by his sons, Mark A. Pearl
(Pamela), Scott M. Pearl (Renee) and Geoffrey B. Anthony Pearl; five
loving grandchildren: David, Vincent, Samuel, Anthony and Daniel; his
devoted sister Eva Erony; his first wife Thelma Pearl; his loving niece
Susan Erony (Jay Jaroslav); and his nephew Alan Erony.
As we say goodbye, we also say thank you for your service that keeps
our Nation strong and free. May God bless Colonel Pearl and his family,
and welcome him with open arms.
____________________
ADDITIONAL STATEMENTS
______
RECOGNIZING EMILY KATH
Mr. BARRASSO. Mr. President, I would like to take the
opportunity to express my appreciation to Emily Kath for her hard work
as an intern in my Washington, DC, office. I recognize her efforts and
contributions to my office as well as to the State of Wyoming.
Emily is a native of Powell, WY, and a graduate of Powell High
School. She currently attends the University of Wyoming, where she is
studying communications and prelaw. She has demonstrated a strong work
ethic, which has made her an invaluable asset to our office. The
quality of her work is reflected in her great efforts over the last
several months.
I want to thank Emily for the dedication she has shown while working
for me and my staff. It was a pleasure to have her as part of our team.
I know she will have continued success with all of her future
endeavors. I wish her all my best on her next journey.
____________________
RECOGNIZING MAEGAN MURPHY
Mr. BARRASSO. Mr. President, I would like to take the
opportunity to express my appreciation to Maegan Murphy for her hard
work as an intern in my Casper, WY, office. I recognize her efforts and
contributions to my office as well as to the State of Wyoming.
Maegan is a native of Casper, WY, and a graduate of Natrona County
High School. She currently attends Casper College, where she is
studying preoccupational therapy and Spanish. She has demonstrated a
strong work ethic, which has made her an invaluable asset to our
office. The quality of her work is reflected in her great efforts over
the last several months.
I want to thank Maegan for the dedication she has shown while working
for me and my staff. It was a pleasure to have her as part of our team.
I know she will have continued success with
[[Page 16574]]
all of her future endeavors. I wish her all my best on her next
journey.
____________________
RECOGNIZING CHELSEA RODEKUHR
Mr. BARRASSO. Mr. President, I would like to take the
opportunity to express my appreciation to Chelsea Rodekuhr for her hard
work as an intern in my Cheyenne, WY, office. I recognize her efforts
and contributions to my office as well as to the State of Wyoming.
Chelsea is a native of Cheyenne, WY, and a graduate of Cheyenne
Central High School. She currently attends the University of Wyoming,
where she is studying physiology and business. She has demonstrated a
strong work ethic, which has made her an invaluable asset to our
office. The quality of her work is reflected in her great efforts over
the last several months.
I want to thank Chelsea for the dedication she has shown while
working for me and my staff. It was a pleasure to have her as part of
our team. I know she will have continued success with all of her future
endeavors. I wish her all my best on her next journey.
____________________
RECOGNIZING GRANT ROGERS
Mr. BARRASSO. Mr. President, I would like to take the
opportunity to express my appreciation to Grant Rogers for his hard
work as an intern in my Washington, DC, office. I recognize his efforts
and contributions to my office as well as to the State of Wyoming.
Grant is a native of Jackson, WY, and a graduate of Jackson Hole High
School. He currently attends the University of Wyoming, where he is
studying political science and economics. He has demonstrated a strong
work ethic, which has made him an invaluable asset to our office. The
quality of his work is reflected in his great efforts over the last
several months.
I want to thank Grant for the dedication he has shown while working
for me and my staff. It was a pleasure to have him as part of our team.
I know he will have continued success with all of his future endeavors.
I wish him all my best on his next journey.
____________________
RECOGNIZING IAN WORTHINGTON
Mr. BARRASSO. Mr. President, I would like to take the
opportunity to express my appreciation to Ian Worthington for his hard
work as an intern in my Republican policy committee office. I recognize
his efforts and contributions to my office.
Ian is from Charleston, SC, and a graduate of Porter-Gaud School. He
currently attends Georgetown University where he is studying towards a
bachelor of science in foreign service, majoring in science, technology
and international affairs. He has demonstrated a strong work ethic,
which has made him an invaluable asset to our office. The quality of
his work is reflected in his great efforts over the last several
months.
I want to thank Ian for the dedication he has shown while working for
me and my staff. It was a pleasure to have him as part of our team. I
know he will have continued success with all of his future endeavors. I
wish him all my best on his next journey.
____________________
RECOGNIZING BUTCH MORRIS
Mr. BOOZMAN. Mr. President, I wish to honor Sheriff Randall
``Butch'' Morris who will retire after over three decades of honorable
service to the people of Howard County, AR.
A lifelong resident of Howard County, Sheriff Morris was born and
raised in Umpire, AR. He began working as a deputy sheriff in Howard
County and was later named the office's chief deputy and investigator,
a position he held for over 16 years before being elected sheriff.
For over 18 years, Butch Morris served as the Howard County sheriff
and collector, winning nine straight elections, including eight of them
in which he ran unopposed. During the course of that time, Sheriff
Morris also worked to advance law enforcement best practices as a
member of Arkansas Sheriffs' Association board of directors and the
Commission on Arkansas Law Enforcement Standards and Training.
On a personal note, I am grateful for the professionalism that
Sheriff Morris's office always exhibited throughout my tenure in the
Senate. My staff and I always had pleasant interactions with the
sheriff's office and that is a testament to the exceptional leadership
of Butch Morris.
I thank Butch Morris for his dedication, commitment, and eagerness to
serve his community. We are all grateful for his years of service and
leadership to Howard County and Arkansas. I wish him continued success
in his future endeavors and many years of good health to enjoy with his
grandchildren, Brooklyn and Brantley.
____________________
30th ANNIVERSARY OF CHELBI
Mr. MENENDEZ. Mr. President, I wish to speak about a New
Jersey company, Louis Berger, and to draw the Senate's attention to the
30th anniversary of CHELBI, Louis Berger's successful engineering,
design and infrastructure partnership in the People's Republic of
China.
Louis Berger was established in 1953 and has in the years since
developed into a multidisciplinary global consulting firm founded on
its dedication to engineering excellence.
Today it has partnerships in major infrastructure projects spanning
the globe, including in North America, Asia, Africa, Europe, Latin
America, and the Middle East.
More than just undertaking projects, though, one of Louis Berger's
founding principles is to transfer knowledge to people in the local
countries and communities in which it operates to ensure the long-term
sustainability of its projects.
For example, in 1984, Louis Berger undertook a groundbreaking
partnership known as CHELBI--a joint venture between Louis Berger
International and China Highway Planning and Design Institute, HPDI,
Consultants.
This partnership created a new pathway for knowledge sharing in
engineering design between the United States and China, and to millions
of dollars for the U.S.--and New Jersey--economy.
Over the past 30 years, CHELBI has provided international and
domestic consulting services for more than 600 highways, bridges, and
other projects in over 30 provinces and cities in China, totaling more
than 10,000 kilometers, including the 36 kilometer long Hangzhou
Bridge, one of the longest ocean-crossing bridges in the world.
CHELBI also fosters international communications and cooperation
between the Chinese consulting engineering field and counterparts in
Western countries and projects beyond China.
In fact, it is my understanding that the partners in CHELBI have
agreed to extend their historic venture for another 10 years beginning
in 2014.
So today I would like to recognize the cooperation in engineering
design between the United States and China since 1984, as encompassed
by CHELBI's work, including its partners at Louis Berger and China
Highway Planning and Design Institute, HPDI, Consultants.
The continued exchange of knowledge and coordination of work in large
scale infrastructure projects in China and around the globe help to
better connect people within and between countries and is of tremendous
benefit, both for the countries where these infrastructure projects
take place but also for U.S. global leadership in engineering
consultation and design.
CHELBI is to be commended for 30 years of productive work--and I
would like to express my continued support for initiatives undertaken
by the venture and the benefits that such cooperation and coordination
provides to both the United States and China.
____________________
MESSAGE FROM THE PRESIDENT
A message from the President of the United States was communicated to
the Senate by Mr. Williams, one of his secretaries.
[[Page 16575]]
____________________
EXECUTIVE MESSAGE REFERRED
As in executive session the Presiding Officer laid before the Senate
a message from the President of the United States submitting a
nomination which was referred to the Committee on Armed Services.
(The message received today is printed at the end of the Senate
proceedings.)
____________________
MESSAGES FROM THE HOUSE
At 2:28 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House has
passed the following bill, without amendment:
S. 2040. An act to exchange trust and fee land to resolve
land disputes created by the realignment of the Blackfoot
River along the boundary of the Fort Hall Indian Reservation,
and for other purposes.
The message further announced that the House has passed the following
bills, in which it requests the concurrence of the Senate:
H.R. 2366. An act to require the Secretary of the Treasury
to mint coins in commemoration of the centennial of World War
I.
H.R. 2790. An act to authorize private nonprofit
organizations to administer permanent housing rental
assistance provided through the Continuum of Care Program
under the McKinney-Vento Homeless Assistance Act, and for
other purposes.
H.R. 3240. An act to instruct the Comptroller General of
the United States to study the impact of Regulation D, and
for other purposes.
H.R. 3572. An act to revise the boundaries of certain John
H. Chafee Coastal Barrier Resources System units.
H.R. 4200. An act to amend the Investment Advisers Act of
1940 to prevent duplicative regulation of advisers of small
business investment companies.
H.R. 4329. An act to reauthorize the Native American
Housing Assistance and Self-Determination Act of 1996, and
for other purposes.
H.R. 4569. An act to require the Securities and Exchange
Commission to make certain improvements to form 10-K and
regulation S-K, and for other purposes.
H.R. 5050. An act to repeal the Act of May 31, 1918, and
for other purposes.
H.R. 5471. An act to amend the Commodity Exchange Act and
the Securities Exchange Act of 1934 to specify how clearing
requirements apply to certain affiliate transactions, and for
other purposes.
H.R. 5629. An act to amend the Homeland Security Act of
2002 to strengthen the Domestic Nuclear Detection Office, and
for other purposes.
H.R. 5714. An act to permit commercial applicators of
pesticides to create, retain, submit, and convey pesticide
application-related records, reports, data, and other
information in electronic form.
H.R. 5739. An act to amend the Social Security Act to
provide for the termination of social security benefits for
individuals who participated in Nazi persecution, and for
other purposes.
Enrolled Bill Signed
At 6:10 p.m., a message from the House of Representatives, delivered
by Mr. Novotny, one of its reading clerks, announced that the Speaker
has signed the following enrolled bill:
H.R. 2203. An act to provide for the award of a gold medal
on behalf of Congress to Jack Nicklaus, in recognition of his
service to the Nation in promoting excellence, good
sportsmanship, and philanthropy.
The enrolled bill was subsequently signed by the President pro
tempore (Mr. Leahy).
____________________
MEASURES REFERRED
The following bills were read the first and the second times by
unanimous consent, and referred as indicated:
H.R. 2790. An act to authorize private nonprofit
organizations to administer permanent housing rental
assistance provided through the Continuum of Care Program
under the McKinney-Vento Homeless Assistance Act, and for
other purposes; to the Committee on Banking, Housing, and
Urban Affairs.
H.R. 3240. An act to instruct the Comptroller General of
the United States to study the impact of Regulation D, and
for other purposes; to the Committee on Banking, Housing, and
Urban Affairs.
H.R. 4200. An act to amend the Investment Advisers Act of
1940 to prevent duplicative regulation of advisers of small
business investment companies; to the Committee on Banking,
Housing, and Urban Affairs.
H.R. 4329. An act to reauthorize the Native American
Housing Assistance and Self-Determination Act of 1996, and
for other purposes; to the Committee on Indian Affairs.
H.R. 4569. An act to require the Securities and Exchange
Commission to make certain improvements to form 10-K and
regulation S-K, and for other purposes; to the Committee on
Banking, Housing, and Urban Affairs.
H.R. 5471. An act to amend the Commodity Exchange Act and
the Securities Exchange Act of 1934 to specify how clearing
requirements apply to certain affiliate transactions, and for
other purposes; to the Committee on Banking, Housing, and
Urban Affairs.
H.R. 5629. An act to amend the Homeland Security Act of
2002 to strengthen the Domestic Nuclear Detection Office, and
for other purposes; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 5714. An act to permit commercial applicators of
pesticides to create, retain, submit, and convey pesticide
application-related records, reports, data, and other
information in electronic form; to the Committee on
Agriculture, Nutrition, and Forestry.
____________________
MEASURES PLACED ON THE CALENDAR
The following bill was read the second time, and placed on the
calendar:
S. 2970. A bill to reform procedures for determinations to
proceed to trial by court-martial for certain offenses under
the Uniform Code of Military Justice, and for other purposes.
____________________
EXECUTIVE AND OTHER COMMUNICATIONS
The following communications were laid before the Senate, together
with accompanying papers, reports, and documents, and were referred as
indicated:
EC-7966. A communication from the Secretary of the
Treasury, transmitting, pursuant to law, a six-month periodic
report on the national emergency with respect to Burma that
was declared in Executive Order 13047 of May 20, 1997; to the
Committee on Banking, Housing, and Urban Affairs.
EC-7967. A communication from the Secretary of the
Treasury, transmitting, pursuant to law, a six-month periodic
report on the national emergency with respect to the
stabilization of Iraq that was declared in Executive Order
13303 of May 22, 2003; to the Committee on Banking, Housing,
and Urban Affairs.
EC-7968. A communication from the Secretary of Commerce,
transmitting, pursuant to law, a report relative to the
continuation of a national emergency declared in Executive
Order 13222 with respect to the lapse of the Export
Administration Act of 1979; to the Committee on Banking,
Housing, and Urban Affairs.
EC-7969. A communication from the Secretary of the
Securities and Exchange Commission, transmitting, pursuant to
law, the report of a rule entitled ``Regulation Systems
Compliance and Integrity'' (RIN3235-AL43) received during
adjournment of the Senate in the Office of the President of
the Senate on November 24, 2014; to the Committee on Banking,
Housing, and Urban Affairs.
EC-7970. A communication from the Chairman of the Council
of the District of Columbia, transmitting, pursuant to law, a
report on D.C. Act 20-426, ``Wage Theft Prevention Act of
2014''; to the Committee on Homeland Security and
Governmental Affairs.
EC-7971. A communication from the General Counsel, Federal
Retirement Thrift Investment Board, transmitting, pursuant to
law, the report of a rule entitled ``Privacy Act and Freedom
of Information Requests'' (5 CFR Part 1630 and 5 CFR Part
1631) received during adjournment of the Senate in the Office
of the President of the Senate on November 24, 2014; to the
Committee on Homeland Security and Governmental Affairs.
EC-7972. A communication from the Director, Office of
Personnel Management, transmitting, pursuant to law, a report
entitled ``Federal Student Loan Repayment Program Calendar
Year 2013''; to the Committee on Homeland Security and
Governmental Affairs.
EC-7973. A communication from the Acting Chairman of the
National Endowment for the Arts, transmitting, pursuant to
law, the Semiannual Report of the Inspector General and the
Chairman's Semiannual Report on Final Action Resulting from
Audit Reports, Inspection Reports, and Evaluation Reports for
the period from April 1, 2014 through September 30, 2014; to
the Committee on Homeland Security and Governmental Affairs.
EC-7974. A communication from the Treasurer, National
Gallery of Art, transmitting, pursuant to law, the Gallery's
Performance and Accountability Report for the year ended
September 30, 2014; to the Committee on Homeland Security and
Governmental Affairs.
EC-7975. A communication from the Senior Procurement
Executive, Office of Acquisition Policy, General Services
Administration, transmitting, pursuant to law, the report of
a rule entitled ``Federal Acquisition Regulation; Federal
Acquisition Circular 2005-78; Small Entity Compliance Guide''
(FAC 2005-78) received during adjournment of the Senate in
the Office of the President of the Senate on November 25,
2014; to the Committee on Homeland Security and Governmental
Affairs.
[[Page 16576]]
EC-7976. A communication from the Senior Procurement
Executive, Office of Acquisition Policy, General Services
Administration, transmitting, pursuant to law, the report of
a rule entitled ``Federal Acquisition Regulation; Technical
Amendments'' (FAC 2005-78) received during adjournment of the
Senate in the Office of the President of the Senate on
November 25, 2014; to the Committee on Homeland Security and
Governmental Affairs.
EC-7977. A communication from the Senior Procurement
Executive, Office of Acquisition Policy, General Services
Administration, transmitting, pursuant to law, the report of
a rule entitled ``Federal Acquisition Regulation; Year
Format'' ((RIN9000-AM53) (FAC 2005-78)) received during
adjournment of the Senate in the Office of the President of
the Senate on November 25, 2014; to the Committee on Homeland
Security and Governmental Affairs.
EC-7978. A communication from the Senior Procurement
Executive, Office of Acquisition Policy, General Services
Administration, transmitting, pursuant to law, the report of
a rule entitled ``Federal Acquisition Regulation:
Streamlining Claims Processing'' ((RIN9000-AM83) (FAC 2005-
78)) received during adjournment of the Senate in the Office
of the President of the Senate on November 25, 2014; to the
Committee on Homeland Security and Governmental Affairs.
EC-7979. A communication from the Senior Procurement
Executive, Office of Acquisition Policy, General Services
Administration, transmitting, pursuant to law, the report of
a rule entitled ``Federal Acquisition Regulation;
Incorporating Section K in Contracts'' ((RIN9000-AM78) (FAC
2005-78)) received during adjournment of the Senate in the
Office of the President of the Senate on November 25, 2014;
to the Committee on Homeland Security and Governmental
Affairs.
EC-7980. A communication from the Senior Procurement
Executive, Office of Acquisition Policy, General Services
Administration, transmitting, pursuant to law, the report of
a rule entitled ``Federal Acquisition Regulation; Federal
Acquisition Circular 2005-78; Introduction'' (FAC 2005-78)
received during adjournment of the Senate in the Office of
the President of the Senate on November 25, 2014; to the
Committee on Homeland Security and Governmental Affairs.
EC-7981. A communication from the Senior Procurement
Executive, Office of Acquisition Policy, General Services
Administration, transmitting, pursuant to law, the report of
a rule entitled ``Federal Acquisition Regulation; Higher-
Level Contract Quality Requirements'' ((RIN9000-AM65) (FAC
2005-78)) received during adjournment of the Senate in the
Office of the President of the Senate on November 25, 2014;
to the Committee on Homeland Security and Governmental
Affairs.
EC-7982. A communication from the Deputy Assistant
Administrator for Regulatory Programs, National Marine
Fisheries Service, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Marine
Mammals; Subsistence Taking of Northern Fur Seals; St. George
Island, Alaska'' (RIN0648-BD12) received during adjournment
of the Senate in the Office of the President of the Senate on
November 24, 2014; to the Committee on Environment and Public
Works.
EC-7983. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Approval and Promulgation of Air Quality
Implementation Plans; West Virginia's Redesignation Request
and Associated Maintenance Plan of the West Virginia Portion
of the Martinsburg-Hagerstown, WV-MD Nonattainment Area for
the 1997 Annual Fine Particulate Matter Standard'' (FRL No.
9919-65-Region 3) received during adjournment of the Senate
in the Office of the President of the Senate on November 25,
2014; to the Committee on Environment and Public Works.
EC-7984. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Rulemaking to Amend Dates in Federal
Implementation Plans Addressing Interstate Transport of Ozone
and Fine Particulate Matter'' ((RIN2060-AS40) (FRL No. 9919-
71-OAR)) received during adjournment of the Senate in the
Office of the President of the Senate on November 25, 2014;
to the Committee on Environment and Public Works.
EC-7985. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Greenhouse Gas Reporting Rule: 2014 Revisions and
Confidentiality Determinations for Petroleum and Natural Gas
Systems; Final Rule'' ((RIN2060-AR96) (FRL No. 9918-95-OAR))
received during adjournment of the Senate in the Office of
the President of the Senate on November 25, 2014; to the
Committee on Environment and Public Works.
EC-7986. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``National Emission Standards for Hazardous Air
Pollutants; Delegation of Authority to Texas'' (FRL No. 9919-
74-Region 6) received during adjournment of the Senate in the
Office of the President of the Senate on November 25, 2014;
to the Committee on Environment and Public Works.
EC-7987. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Approval and Promulgation of Implementation Plans;
State of Iowa; 2014 Iowa State Implementation Plan'' (FRL No.
9919-87-Region 7) received during adjournment of the Senate
in the Office of the President of the Senate on November 25,
2014; to the Committee on Environment and Public Works.
EC-7988. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Availability of Data on Allocations of Cross-State
Air Pollution Rule Allowances to Existing Electricity
Generating Units'' (FRL No. 9919-91-OAR) received during
adjournment of the Senate in the Office of the President of
the Senate on November 25, 2014; to the Committee on
Environment and Public Works.
EC-7989. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Approval and Promulgation of Air Quality
Implementation Plans; Indiana; CFR Update'' (FRL No. 9919-83-
Region 5) received during adjournment of the Senate in the
Office of the President of the Senate on November 25, 2014;
to the Committee on Environment and Public Works.
EC-7990. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Approval and Promulgation of Air Quality
Implementation Plans; Pennsylvania; Allegheny County's
Adoption of Control Techniques Guidelines for Four Industry
Categories for Control of Volatile Organic Compound
Emissions'' (FRL No. 9919-66-Region 3) received during
adjournment of the Senate in the Office of the President of
the Senate on November 25, 2014; to the Committee on
Environment and Public Works.
EC-7991. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Final Exclusion'' (FRL No.
9919-72-Region 7) received during adjournment of the Senate
in the Office of the President of the Senate on November 25,
2014; to the Committee on Environment and Public Works.
EC-7992. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Balanced System for Measuring
Organizational and Employee Performance Within the Internal
Revenue Service'' ((RIN1545-BL89) (TD 9703)) received during
adjournment of the Senate in the Office of the President of
the Senate on November 25, 2014; to the Committee on Finance.
EC-7993. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Applicable Federal Rates--December 2014''
(Rev. Rul. 2014-31) received during adjournment of the Senate
in the Office of the President of the Senate on November 25,
2014; to the Committee on Finance.
EC-7994. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Minimum Essential Coverage and Other Rules
Regarding the Shared Responsibility Payment for Individuals''
((RIN1545-BL91) (TD 9705)) received during adjournment of the
Senate in the Office of the President of the Senate on
November 25, 2014; to the Committee on Finance.
EC-7995. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Revenue Procedure Providing Indexing Under
Section 36B and Section 5000A (2016)'' (Rev. Proc. 2014-62)
received during adjournment of the Senate in the Office of
the President of the Senate on November 25, 2014; to the
Committee on Finance.
EC-7996. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Individual Shared Responsibility Payment
Hardship Exemptions that May Be Claimed on a Federal Income
Tax Return Without Obtaining a Hardship Exemption
Certification from the Marketplace'' (Notice 2014-76)
received during adjournment of the Senate in the Office of
the President of the Senate on November 25, 2014; to the
Committee on Finance.
EC-7997. A communication from the Acting Chief Management
Officer, Pension Benefit Guaranty Corporation, transmitting,
pursuant to law, a report relative to a vacancy in
[[Page 16577]]
the position of Director, Pension Benefit Guaranty
Corporation, received during adjournment of the Senate in the
Office of the President of the Senate on November 24, 2014;
to the Committee on Health, Education, Labor, and Pensions.
EC-7998. A communication from the General Counsel, Pension
Benefit Guaranty Corporation, transmitting, pursuant to law,
the report of a rule entitled ``Benefits Payable in
Terminated Single-Employer Plans; Interest Assumptions for
Paying Benefits'' (29 CFR Part 4022) received during
adjournment of the Senate in the Office of the President of
the Senate on November 24, 2014; to the Committee on Health,
Education, Labor, and Pensions.
EC-7999. A communication from the Deputy Assistant
Administrator, Drug Enforcement Agency, Department of
Justice, transmitting, pursuant to law, the report of a rule
entitled ``Exemption From Registration for Persons Authorized
Under U.S. Nuclear Regulatory Commission or Agreement State
Medical Use Licenses or Permits and Administering the Drug
Product DaTscan'' ((RIN1117-AB38) (Docket No. DEA-394))
received during adjournment of the Senate in the Office of
the President of the Senate on November 25, 2014; to the
Committee on the Judiciary.
EC-8000. A communication from the Secretary of the
Commission, Bureau of Consumer Protection, Federal Trade
Commission, transmitting, pursuant to law, the report of a
rule entitled ``Mail or Telephone Order Merchandise Rule''
(RIN3084-AB07) received during adjournment of the Senate in
the Office of the President of the Senate on November 24,
2014; to the Committee on Commerce, Science, and
Transportation.
EC-8001. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Reallocation of Pacific Cod in the Central Regulatory Area of
the Gulf of Alaska Management Area'' (RIN0648-XD590) received
during adjournment of the Senate in the Office of the
President of the Senate on November 24, 2014; to the
Committee on Commerce, Science, and Transportation.
EC-8002. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Reallocation of Pacific Cod in the Western Regulatory Area of
the Gulf of Alaska Management Area'' (RIN0648-XD589) received
during adjournment of the Senate in the Office of the
President of the Senate on November 24, 2014; to the
Committee on Commerce, Science, and Transportation.
EC-8003. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fraser River Sockeye Salmon Fisheries; Inseason Orders''
(RIN0648-XD548) received during adjournment of the Senate in
the Office of the President of the Senate on November 24,
2014; to the Committee on Commerce, Science, and
Transportation.
____________________
EXECUTIVE REPORTS OF COMMITTEES
The following executive reports of nominations were submitted:
By Mr. SCHUMER for the Committee on Rules and
Administration.
*Matthew Vincent Masterson, of Ohio, to be a Member of the
Election Assistance Commission for a term expiring December
12, 2017.
*Christy A. McCormick, of Virginia, to be a Member of the
Election Assistance Commission for a term expiring December
12, 2015.
By Mr. LEAHY for the Committee on the Judiciary.
*Sarah R. Saldana, of Texas, to be an Assistant Secretary
of Homeland Security.
*Nomination was reported with recommendation that it be confirmed
subject to the nominee's commitment to respond to requests to appear
and testify before any duly constituted committee of the Senate.
____________________
INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:
By Mrs. SHAHEEN (for herself and Mr. Portman):
S. 2971. A bill to promote energy efficiency, and for other
purposes; to the Committee on Energy and Natural Resources.
By Mr. BLUMENTHAL (for himself, Mr. Coons, Mr. Murphy,
and Mr. Carper):
S. 2972. A bill to require all equestrian helmets
manufactured or sold in the United States to meet a minimum
safety standard, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
By Mr. PAUL:
S.J. Res. 46. A joint resolution to declare that a state of
war exists between the organization referring to itself as
the Islamic State and the Government and the people of the
United States, and to make provisions to prosecute the same;
to the Committee on Foreign Relations.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Ms. COLLINS (for herself and Mr. King):
S. Res. 593. A resolution designating December 13, 2014, as
``Wreaths Across America Day''; considered and agreed to.
____________________
ADDITIONAL COSPONSORS
S. 714
At the request of Mr. Grassley, the name of the Senator from Oklahoma
(Mr. Inhofe) was added as a cosponsor of S. 714, a bill to impose
certain limitations on consent decrees and settlement agreements by
agencies that require the agencies to take regulatory action in
accordance with the terms thereof, and for other purposes.
S. 1011
At the request of Mr. Johanns, the name of the Senator from Ohio (Mr.
Brown) was added as a cosponsor of S. 1011, a bill to require the
Secretary of the Treasury to mint coins in commemoration of the
centennial of Boys Town, and for other purposes.
S. 1038
At the request of Mr. Cardin, the name of the Senator from New Mexico
(Mr. Heinrich) was added as a cosponsor of S. 1038, a bill to eliminate
racial profiling by law enforcement, and for other purposes.
S. 1040
At the request of Mr. Portman, the name of the Senator from
Connecticut (Mr. Blumenthal) was added as a cosponsor of S. 1040, a
bill to provide for the award of a gold medal on behalf of Congress to
Jack Nicklaus, in recognition of his service to the Nation in promoting
excellence, good sportsmanship, and philanthropy.
S. 1323
At the request of Mrs. Feinstein, the name of the Senator from
Connecticut (Mr. Blumenthal) was added as a cosponsor of S. 1323, a
bill to address the continued threat posed by dangerous synthetic drugs
by amending the Controlled Substances Act relating to controlled
substance analogues.
S. 1921
At the request of Mr. Blunt, the name of the Senator from Illinois
(Mr. Kirk) was added as a cosponsor of S. 1921, a bill to require a
Federal agency to include language in certain educational and
advertising materials indicating that such materials are produced and
disseminated at taxpayer expense.
S. 2694
At the request of Mr. Brown, the name of the Senator from Wisconsin
(Ms. Baldwin) was added as a cosponsor of S. 2694, a bill to amend
title XIX of the Social Security Act to extend the application of the
Medicare payment rate floor to primary care services furnished under
Medicaid and to apply the rate floor to additional providers of primary
care services.
S. 2714
At the request of Mr. Blunt, the name of the Senator from New Jersey
(Mr. Menendez) was added as a cosponsor of S. 2714, a bill to require
the Secretary of the Treasury to mint coins in commemoration of the
centennial of World War I.
S. 2723
At the request of Mr. Franken, the name of the Senator from Minnesota
(Ms. Klobuchar) was added as a cosponsor of S. 2723, a bill to amend
the Internal Revenue Code of 1986 to qualify homeless youth and
veterans who are full-time students for purposes of the low income
housing tax credit.
S. 2762
At the request of Mr. Franken, the names of the Senator from New
Hampshire (Mrs. Shaheen) and the Senator from New Hampshire (Ms.
Ayotte) were added as cosponsors of S. 2762, a bill to prevent future
propane shortages, and for other purposes.
[[Page 16578]]
S. 2930
At the request of Mr. Johanns, his name was added as a cosponsor of
S. 2930, a bill to direct the Secretary of Defense and the Secretary of
Veterans Affairs to provide for the conduct of an evaluation of mental
health care and suicide prevention programs of the Department of
Defense and the Department of Veterans Affairs, to require a pilot
program on loan repayment for psychiatrists who agree to serve in the
Veterans Health Administration of the Department of Veterans Affairs,
and for other purposes.
S. 2944
At the request of Mr. Hatch, the names of the Senator from New York
(Mr. Schumer), the Senator from Virginia (Mr. Warner) and the Senator
from New York (Mrs. Gillibrand) were added as cosponsors of S. 2944, a
bill to amend the Social Security Act to provide for the termination of
social security benefits for individuals who participated in Nazi
persecution, and for other purposes.
At the request of Mr. Nelson, his name was added as a cosponsor of S.
2944, supra.
S. 2963
At the request of Mrs. Boxer, the name of the Senator from Alaska
(Ms. Murkowski) was added as a cosponsor of S. 2963, a bill to remove a
limitation on a prohibition relating to permits for discharges
incidental to normal operation of vessels.
S. RES. 578
At the request of Mr. Menendez, the names of the Senator from
California (Mrs. Feinstein), the Senator from Connecticut (Mr.
Blumenthal) and the Senator from New Hampshire (Mrs. Shaheen) were
added as cosponsors of S. Res. 578, a resolution supporting the role of
the United States in ensuring children in the world's poorest countries
have access to vaccines and immunization through Gavi, the Vaccine
Alliance.
AMENDMENT NO. 3421
At the request of Mr. Tester, the names of the Senator from West
Virginia (Mr. Manchin) and the Senator from Ohio (Mr. Brown) were added
as cosponsors of amendment No. 3421 intended to be proposed to S. 2410,
an original bill to authorize appropriations for fiscal year 2015 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.
____________________
SUBMITTED RESOLUTIONS
______
SENATE RESOLUTION 593--DESIGNATING DECEMBER 13, 2014, AS ``WREATHS
ACROSS AMERICA DAY''
Ms. COLLINS (for herself and Mr. King) submitted the following
resolution; which was considered and agreed to:
S. Res. 593
Whereas 23 years ago, the Wreaths Across America project
began an annual tradition of donating, transporting, and
placing Maine balsam fir remembrance wreaths on the graves of
our fallen heroes at Arlington National Cemetery during the
month of December;
Whereas more than 1,700,000 wreaths have been sent to
locations, including national cemeteries and veterans
memorials, in every State and overseas;
Whereas the mission of the Wreaths Across America project
to ``Remember, Honor, Teach'' is carried out in part by
coordinating wreath-laying ceremonies at Arlington National
Cemetery as well as veterans cemeteries and other locations
in all 50 States and overseas;
Whereas the Wreaths Across America project carries out a
week-long veterans parade between Maine and Virginia,
stopping along the way to spread a message about the
importance of remembering the fallen heroes of the United
States, honoring those who serve, and teaching the people of
the United States about the sacrifices made by veterans and
their families to preserve freedom in the United States;
Whereas in 2013, remembrance wreaths were sent to more than
900 locations across the United States and overseas, 100 more
locations than the previous year;
Whereas in December 2014, the Patriot Guard Riders, along
with other patriotic groups, will continue the tradition of
escorting tractor-trailers filled with donated wreaths from
Harrington, Maine, to Arlington National Cemetery;
Whereas the Nation's trucking industry continues to support
Wreaths Across America by providing drivers, equipment, and
related services to assist in the transportation of wreaths
to over 1,000 locations across the country;
Whereas thousands of individuals volunteer each December to
lay remembrance wreaths;
Whereas 2014 is the 150th Anniversary of Arlington National
Cemetery, where some 230,000 markers stand in honor of those
who have served this country;
Whereas this year, it is the aspiration of Wreaths Across
America to lay a wreath at the grave of every veteran buried
at Arlington National Cemetery;
Whereas December 14, 2013, was previously designated by the
Senate as ``Wreaths Across America Day''; and
Whereas on December 13, 2014, the Wreaths Across America
project will continue the proud legacy of bringing
remembrance wreaths to Arlington National Cemetery to honor
our veterans: Now, therefore, be it
Resolved, That the Senate--
(1) designates December 13, 2014, as ``Wreaths Across
America Day'';
(2) honors the Wreaths Across America project, the Patriot
Guard Riders, the trucking industry, and all of the
volunteers and donors involved in this worthy tradition; and
(3) recognizes the service and sacrifice that our veterans,
members of the Armed Forces, and their families have made,
and continue to make, for our great Nation.
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 3971. Mr. BLUMENTHAL (for Mrs. Feinstein) proposed an
amendment to the resolution S. Res. 531, honoring the life,
accomplishments, and legacy of Louis Zamperini and expressing
condolences on his passing.
SA 3972. Mr. MENENDEZ submitted an amendment intended to be
proposed by him to the bill S. 2410, to authorize
appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the
table.
____________________
TEXT OF AMENDMENTS
SA 3971. Mr. BLUMENTHAL (for Mrs. Feinstein) proposed an amendment to
the resolution S. Res. 531, honoring the life, accomplishments, and
legacy of Louis Zamperini and expressing condolences on his passing; as
follows:
The resolving clause is amended--
(1) in paragraph (1), by inserting ``and'' at the end;
(2) in paragraph (2), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (3).
______
SA 3972. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. NOTICE OF STATUS AS AN ACTIVE DUTY MILITARY
CONSUMER.
The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is
amended--
(1) in section 605, by adding at the end the following:
``(i) Notice of Status as an Active Duty Military
Consumer.--With respect to an adverse item of information
about a consumer, if the action or inaction that gave rise to
the item occurred while the consumer was an active duty
military consumer, the consumer may provide appropriate
proof, including official orders, to a consumer reporting
agency that the consumer was an active duty military consumer
at the time such action or inaction occurred, and any
consumer report provided by the consumer reporting agency
that includes the item shall clearly and conspicuously
disclose that the consumer was an active duty military
consumer when the action or inaction that gave rise to the
item occurred.''; and
(2) in section 605A(c)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and moving
such redesignated subparagraphs 2 ems to the right;
[[Page 16579]]
(B) in the matter preceding subparagraph (A), as so
redesignated, by striking ``Upon'' and inserting the
following:
``(1) In general.--Upon'';
(C) by adding at the end the following:
``(2) Negative information alert.--If a consumer reporting
agency receives an adverse item of information about a
consumer who has provided appropriate proof that the consumer
is an active duty military consumer, the consumer reporting
agency shall promptly notify the consumer--
``(A) that the consumer reporting agency has received the
adverse item of information, along with a description of the
item; and
``(B) the method by which the consumer may dispute the
validity of the item.
``(3) Contact information for active duty military
consumers.--If a consumer who has provided appropriate proof
to a consumer reporting agency that the consumer is an active
duty military consumer provides the consumer reporting agency
with contact information for the purpose of communicating
with the consumer while the consumer is an active military
consumer, the consumer reporting agency shall use such
contact information for all communications while the consumer
is an active military consumer.
``(4) Sense of congress.--It is the sense of Congress that
any person making use of a consumer report that contains an
adverse item of information should, if the action or inaction
that gave rise to the item occurred while the consumer was an
active duty military consumer, take such fact into account
when evaluating the creditworthiness of the consumer.''; and
(D) in section 611(a)(1), by adding at the end the
following:
``(D) Notice of dispute related to active duty military
consumers.--With respect to an item of information described
under subparagraph (A) that is under dispute, if the consumer
to whom the item relates has notified the consumer reporting
agency, and has provided appropriate proof, that the consumer
was an active duty military consumer at the time the action
or inaction that gave rise to the disputed item occurred, the
consumer reporting agency shall--
``(i) include such fact in the file of the consumer; and
``(ii) indicate such fact in each consumer report that
includes the disputed item.''.
____________________
NOTICE OF INTENT TO OBJECT TO PROCEEDING
I, Senator Orrin G. Hatch, intend to object to proceeding to the
nomination of Carolyn Watts Colvin, to be Commissioner of Social
Security, dated December 3, 2014.
____________________
AUTHORITY FOR COMMITTEES TO MEET
committee on agriculture, nutrition, and forestry
Mr. KAINE. Mr. President, I ask unanimous consent that the Committee
on Agriculture, Nutrition, and Forestry, be authorized to meet during
the session of the Senate on December 3, 2014, at 10 a.m. in room SR-
328A of the Russell Senate Office Building, to conduct a hearing
entitled ``Farmers and Fresh Water: Voluntary Conservation to Protect
our Land and Waters.''
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on commerce, science, and transportation
Mr. KAINE. Mr. President, I ask unanimous consent that the Committee
on Commerce, Science, and Transportation be authorized to meet during
the session of the Senate on December 3, 2014, at 10 a.m. in room SR-
253 of the Russell Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on environment and Public Works
Mr. KAINE. Mr. President, I ask unanimous consent that the Committee
on Environment and Public Works be authorized to meet during the
session of the Senate on December 3, 2014, at 9 a.m. in room SD-406 of
the Dirksen Senate Office Building, to conduct a hearing entitled,
``NRC's Implementation of the Fukushima Near-Term Task Force
Recommendations and other Actions to Enhance and Maintain Nuclear
Safety.''
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on foreign relations
Mr. KAINE. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on December 3, 2014, at 9:30 a.m. to conduct an East Asian and
Pacific Affairs subcommittee hearing entitled, ``Evaluating the Impact
of the `Umbrella Movement'.''
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on foreign relations
Mr. KAINE. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on December 3, 2014, at 2 p.m. to conduct a hearing entitled
``Dismantling Iran's Nuclear Weapons Program: Next Steps to Achieve a
Comprehensive Deal.''
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on the judiciary
Mr. KAINE. Mr. President, I ask unanimous consent that the Committee
on the Judiciary be authorized to meet during the session of the Senate
on December 3, 2014, at 10:30 a.m., in room SD-216 of the Dirksen
Senate Office Building, to conduct an executive business meeting.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on rules and administration
Mr. KAINE. Mr. President, I ask unanimous consent that the Committee
on Rules and Administration be authorized to meet during the session of
the Senate on December 3, 2014, in room S-216 immediately following the
floor vote at 5:30 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on veterans' affairs
Mr. KAINE. Mr. President, I ask unanimous consent that the Committee
on Veterans' Affairs be authorized to meet during the session of the
Senate on December 3, 2014, at 11:30 a.m. in room SR-418 of the Russell
Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on energy, natural resources, and infrastructure
Mr. KAINE. Mr. President, I ask unanimous consent that the
Subcommittee on Energy, Natural Resources, and Infrastructure of the
Committee on Finance be authorized to meet during the session of the
Senate on December 3, 2014, at 2:30 p.m., in room SD-215 of the Dirksen
Senate Office Building, to conduct a hearing entitled ``Natural Gas
Vehicles: Fueling American Jobs, Enhancing Energy Security, and
Achieving Emissions Benefits.''
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PRIVILEGES OF THE FLOOR
Mr. BENNET. Mr. President, I ask unanimous consent that Laura
Sherman, a fellow in my office, be granted floor privileges for the
remainder of this session.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CARDIN. Mr. President, I ask unanimous consent that floor
privileges be granted to Maj. David Wilson, a U.S. Air Force officer
who is currently serving as a defense legislative follow in my office
for the duration of today's session of the Senate.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROVIDING FOR THE APPROVAL OF THE AMENDMENT TO THE AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR
COOPERATION ON THE USES OF ATOMIC ENERGY FOR MUTUAL DEFENSE PURPOSES
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Senate proceed to the consideration of H.R. 5681, which is at the desk.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 5681) to provide for the approval of the
Amendment to the Agreement Between the Government of the
United States of America and the Government of the United
Kingdom of Great Britain and Northern Ireland for Cooperation
on the Uses of Atomic Energy for Mutual Defense Purposes.
There being no objection, the Senate proceeded to consider the bill.
[[Page 16580]]
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the bill
be read three times and passed, and the motion to reconsider be
considered made and laid upon the table with no intervening action or
debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 5681) was ordered to a third reading, was read the
third time, and passed.
____________________
RELEASING THE CITY OF ST. CLAIR, MISSOURI, FROM ALL RESTRICTIONS,
CONDITIONS, AND LIMITATIONS ON THE USE, ENCUMBRANCE, CONVEYANCE, AND
CLOSURE OF THE ST. CLAIR REGIONAL AIRPORT
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Senate proceed to the immediate consideration of Calendar No. 609, S.
2759.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 2759) to release the City of St. Clair,
Missouri, from all restrictions, conditions, and limitations
on the use, encumbrance, conveyance, and closure of the St.
Clair Regional Airport.
There being no objection, the Senate proceeded to consider the bill.
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the bill
be read a third time and passed, and the motion to reconsider be
considered made and laid upon the table with no intervening action or
debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 2759) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 2759
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. RELEASE OF RESTRICTIONS, CONDITIONS, AND
LIMITATIONS ON THE USE, ENCUMBRANCE,
CONVEYANCE, AND CLOSURE OF THE ST. CLAIR
REGIONAL AIRPORT.
(a) In General.--The United States, acting through the
Administrator of the Federal Aviation Administration, shall
release the City of St. Clair, Missouri, from all
restrictions, conditions, and limitations on the use,
encumbrance, conveyance, and closure of the St. Clair
Regional Airport, as described in the most recent airport
layout plan approved by the Federal Aviation Administration,
to the extent such restrictions, conditions, and limitations
are enforceable by the Administrator.
(b) Limitation.--The release under subsection (a) shall not
be executed before the City of St. Clair, or its designee,
transfers to the Department of Transportation of the State of
Missouri--
(1) the amounts described in subsection (c), to be used for
capital improvements within the meaning of airport
development (as defined in section 47102(3) of title 49,
United States Code) and consistent with the obligations of
the Department of Transportation of the State of Missouri
under the State block grant program of the Federal Aviation
Administration; and
(2) for no consideration, all airport and aviation-related
equipment of the St. Clair Regional Airport owned by the City
of St. Clair and determined by the Department of
Transportation of the State of Missouri to be salvageable for
use.
(c) Amounts Described.--The amounts described in this
subsection are the following:
(1) An amount equal to the fair market value for the
highest and best use of the St. Clair Regional Airport
property determined in good faith by an independent and
qualified real estate appraiser on or after the date of the
enactment of this Act.
(2) An amount equal to the unamortized portion of any
Federal development grants other than land paid to the City
of St. Clair for use at the St. Clair Regional Airport, which
may be paid with, and shall be an allowable use of, airport
revenue notwithstanding section 47107 or 47133 of title 49,
United States Code.
(3) An amount equal to the airport revenues remaining in
the airport account for the St. Clair Regional Airport as of
the date of the enactment of this Act and otherwise due to or
received by the City of St. Clair after such date of
enactment pursuant to sections 47107(b) and 47133 of title
49, United States Code.
(d) Requirement To Remove Runway Lighting System.--The
Federal Aviation Administration shall remove the runway end
indicator lighting system at St. Clair Regional Airport.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit the applicability of--
(1) the requirements and processes under section 46319 of
title 49, United States Code;
(2) the requirements under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(3) the requirements and processes under part 157 of title
14, Code of Federal Regulations; or
(4) the public notice requirements under section
47107(h)(2) of title 49, United States Code.
____________________
MEASURES DISCHARGED
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Veterans Affairs' Committee be discharged from the consideration of and
the Senate proceed to the consideration of the following measures,
which are VA facility-naming bills, en bloc: H.R. 3682, H.R. 3375, S.
2921, and S. 229.
The PRESIDING OFFICER. Without objection, it is so ordered.
There being no objection, the Senate proceeded to consider the bills,
en bloc.
Mr. BLUMENTHAL. I ask unanimous consent that the bills be read a
third time and passed, en bloc, and the motions to reconsider be laid
upon the table, en bloc, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LYLE C. PEARSON COMMUNITY BASED OUTPATIENT CLINIC
The bill (H.R. 3682) to designate the community based outpatient
clinic of the Department of Veterans Affairs located at 1961 Premier
Drive in Mankato, Minnesota, as the ``Lyle C. Pearson Community Based
Outpatient Clinic,'' was ordered to a third reading, was read the third
time, and passed.
____________________
PFC FLOYD K. LINDSTROM DEPARTMENT OF VETERANS AFFAIRS CLINIC
The bill (H.R. 3375) to designate the community-based outpatient
clinic of the Department of Veterans Affairs to be constructed at 3141
Centennial Boulevard, Colorado Springs, Colorado, as the ``PFC Floyd K.
Lindstrom Department of Veterans Affairs Clinic,'' was ordered to a
third reading, was read the third time, and passed.
____________________
LANE A. EVANS VA COMMUNITY BASED OUTPATIENT CLINIC
The bill (S. 2921) to designate the community based outpatient clinic
of the Department of Veterans Affairs located at 310 Home Boulevard in
Galesburg, Illinois, as the ``Lane A. Evans VA Community Based
Outpatient Clinic,'' was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 2921
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. LANE A. EVANS VA COMMUNITY BASED OUTPATIENT
CLINIC.
(a) Designation.--The community based outpatient clinic of
the Department of Veterans Affairs located at 310 Home
Boulevard in Galesburg, Illinois, shall be known and
designated as the ``Lane A. Evans VA Community Based
Outpatient Clinic''.
(b) References.--Any reference in any law, map, regulation,
document, paper, or other record of the United States to the
community based outpatient clinic referred to in subsection
(a) shall be deemed to be a reference to the ``Lane A. Evans
VA Community Based Outpatient Clinic''.
____________________
CORPORAL MICHAEL J. CRESCENZ DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTER
The bill (S. 229) to designate the medical center of the Department
of Veterans Affairs located at 3900 Woodland Avenue in Philadelphia,
Pennsylvania, as the ``Corporal Michael J. Crescenz Department of
Veterans Affairs Medical Center,'' was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 229
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporal Michael J. Crescenz
Act of 2013''.
SEC. 2. CORPORAL MICHAEL J. CRESCENZ DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER.
(a) Designation.--The medical center of the Department of
Veterans Affairs located
[[Page 16581]]
at 3900 Woodland Avenue in Philadelphia, Pennsylvania, shall
after the date of the enactment of this Act be known and
designated as the ``Corporal Michael J. Crescenz Department
of Veterans Affairs Medical Center''.
(b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
medical center referred to in subsection (a) shall be
considered to be a reference to the Corporal Michael J.
Crescenz Department of Veterans Affairs Medical Center.
____________________
THE CALENDAR
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Senate proceed to the consideration of the following measures, which
are post office-naming bills, en bloc: Calendar No. 585, H.R. 43;
Calendar No. 586, H.R. 451; Calendar No. 587, H.R. 1391; Calendar No.
589, H.R. 3085; Calendar No. 590, H.R. 3957; Calendar No. 591, H.R.
4189; Calendar No. 592, H.R. 4443; Calendar No. 593, H.R. 4919;
Calendar No. 595, H.R. 5106; and Calendar No. 584, S. 2523.
There being no objection, the Senate proceeded to consider the bills,
en bloc.
Mr. BLUMENTHAL. I ask unanimous consent that the bills be read a
third time and passed, en bloc, and the motions to reconsider be laid
upon the table, en bloc, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
OFFICER TOMMY DECKER MEMORIAL POST OFFICE
The bill (H.R. 43) to designate the facility of the United States
Postal Service located at 14 Red River Avenue North in Cold Spring,
Minnesota, as the ``Officer Tommy Decker Memorial Post Office,'' was
ordered to a third reading, was read the third time, and passed.
____________________
RICHARD K. SALICK POST OFFICE
The bill (H.R. 451) to designate the facility of the United States
Postal Service located at 500 North Brevard Avenue in Cocoa Beach,
Florida, as the ``Richard K. Salick Post Office,'' was ordered to a
third reading, was read the third time, and passed.
____________________
LONDON FALLEN VETERANS MEMORIAL POST OFFICE
The bill (H.R. 1391) to designate the facility of the United States
Postal Service located at 25 South Oak Street in London, Ohio, as the
``London Fallen Veterans Memorial Post Office,'' was ordered to a third
reading, was read the third time, and passed.
____________________
CAPTAIN HERBERT JOHNSON MEMORIAL POST OFFICE BUILDING
The bill (H.R. 3085) to designate the facility of the United States
Postal Service located at 3349 West 111th Street in Chicago, Illinois,
as the ``Captain Herbert Johnson Memorial Post Office Building,'' was
ordered to a third reading, was read the third time, and passed.
____________________
CYNTHIA JENKINS POST OFFICE BUILDING
The bill (H.R. 3957) to designate the facility of the United States
Postal Service located at 218-10 Merrick Boulevard in Springfield
Gardens, New York, as the ``Cynthia Jenkins Post Office Building,'' was
ordered to a third reading, was read the third time, and passed.
____________________
MASTER SERGEANT SHAWN T. HANNON, MASTER SERGEANT JEFFREY J. RIECK AND
VETERANS MEMORIAL POST OFFICE BUILDING
The bill (H.R. 4189) to designate the facility of the United States
Postal Service located at 4000 Leap Road in Hilliard, Ohio, as the
``Master Sergeant Shawn T. Hannon, Master Sergeant Jeffrey J. Rieck and
Veterans Memorial Post Office Building,'' was ordered to a third
reading, was read the third time, and passed.
____________________
CORPORAL JUAN MARIEL ALCANTARA POST OFFICE BUILDING
The bill (H.R. 4443) to designate the facility of the United States
Postal Service located at 90 Vermilyea Avenue in New York, New York, as
the ``Corporal Juan Mariel Alcantara Post Office Building,'' was
ordered to a third reading, was read the third time, and passed.
____________________
LANCE CORPORAL WESLEY G. DAVIDS AND CAPTAIN NICHOLAS J. ROZANSKI
MEMORIAL POST OFFICE
The bill (H.R. 4919) to designate the facility of the United States
Postal Service located at 715 Shawan Falls Drive in Dublin, Ohio, as
the ``Lance Corporal Wesley G. Davids and Captain Nicholas J. Rozanski
Memorial Post Office,'' was ordered to a third reading, was read the
third time, and passed.
____________________
PHILMORE GRAHAM POST OFFICE BUILDING
The bill (H.R. 5106) to designate the facility of the United States
Postal Service located at 100 Admiral Callaghan Lane in Vallejo,
California, as the ``Philmore Graham Post Office Building,'' was
ordered to a third reading, was read the third time, and passed.
____________________
JAMES L. OBERSTAR MEMORIAL POST OFFICE BUILDING
The bill (S. 2523) to designate the facility of the United States
Postal Service located at 14 3rd Avenue, NW., in Chisholm, Minnesota,
as the ``James L. Oberstar Memorial Post Office Building,'' was ordered
to be engrossed for a third reading, was read the third time, and
passed, as follows:
S. 2523
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. JAMES L. OBERSTAR MEMORIAL POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 14 3rd Avenue, NW., in Chisholm,
Minnesota, shall be known and designated as the ``James L.
Oberstar Memorial Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``James L. Oberstar Memorial Post Office
Building''.
____________________
INTERNATIONAL DAY OF DEMOCRACY
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Senate proceed to the consideration of Calendar No. 576, S. Res. 540.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 540) recognizing September 15, 2014,
as the International Day of Democracy, affirming the role of
civil society as a cornerstone of democracy, and encouraging
all governments to stand with civil society in the face of
mounting restrictions on civil society organizations.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
resolution be agreed to, the preamble be agreed to, and the motions to
reconsider be laid upon the table with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 540) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, is as follows:
S. Res. 540
Whereas in 2007, September 15 of each year was established
by the United Nations as the International Day of Democracy,
a day set aside to review the state of democracy in the
world;
Whereas democracy is a means of government that makes
manifest the free exercise of certain inalienable rights,
among them being the freedom of assembly, the freedom of
association, the freedom of the press, and the freedom of
speech;
Whereas democracy allows for participatory governance,
mobilizing citizens to strive for their version of the good
and instilling hope that the aspirations of the people may
one day be realized;
[[Page 16582]]
Whereas an analysis of 84 independent studies shows that
democracy has a favorable impact on the formation of human
capital, the rate of inflation, the level of economic
freedom, and the stability of political institutions;
Whereas democracy promotes tolerance and respect by
recognizing the human dignity of all people and is necessary
to the full realization of the values enshrined in the
Universal Declaration of Human Rights;
Whereas the Organisation for Economic Co-operation and
Development (OECD) defines ``civil society'' as associations
around which society voluntarily organizes itself and which
represent a wide range of interests and ties, including
community-based organizations, indigenous peoples'
organizations, and non-government organizations (NGOs);
Whereas a vibrant civil society is an essential element of
democratic societies and plays a key role in providing
transparency, ensuring the legitimacy of elections,
advocating for marginalized groups, and making clear the will
of the people;
Whereas, since 2012, the International Center for Not-for-
Profit Law has identified 69 new restrictive measures in over
50 countries hindering the ability of civil society
organizations (CSOs) to freely operate;
Whereas of the 98 countries for which data is available,
research presented in a 2013 article for the Journal of
Democracy explains that 12 prohibit and 39 restrict foreign
funding of domestic NGOs;
Whereas in 2000, the Community of Democracies was founded
``to bring together governments, civil society, and the
private sector in the pursuit of a common goal: supporting
democratic rules and strengthening democratic norms and
institutions around the world'';
Whereas in 2011, the United States joined other like-minded
governments to establish the ``Lifeline: Embattled Civil
Society Organizations Fund'' to provide small grants to CSOs
for immediate needs and to support short-term advocacy
projects;
Whereas, through the Open Government Partnership, 63
countries have committed to protecting the ability of CSOs to
operate in a manner that is consistent with the rights to
freedom of expression, association, and opinion;
Whereas in September 2013, on the sidelines of the United
Nations General Assembly, the United States launched a
coordinated multilateral effort encouraging countries to
stand with civil society and push back against growing
restrictions on CSOs;
Whereas the United Nations Special Rapporteur on the Rights
to Freedom of Peaceful Assembly and of Association stands on
the front lines of civil society protection, documenting
extensive global threats to civil society and strengthening
international norms; and
Whereas the United States remains committed to its stand
with civil society by developing new mechanisms to combat
restrictions on civil society and bolster civil society's
efforts to support democracy around the world: Now,
therefore, be it
Resolved, That the Senate--
(1) supports the goals and ideals of the International Day
of Democracy;
(2) recognizes the importance of civil society to the
healthy development of nations;
(3) celebrates the invaluable contributions civil society
has made to the creation, strength, and preservation of
vibrant democracies and democratic institutions;
(4) reaffirms the commitment of the United States to the
protection, advancement, health, and sustainability of
democracy throughout the world;
(5) condemns the use of restrictions, coercion, threats, or
force to impede the activities of civil society
organizations;
(6) recognizes the important multilateral work of the
Community of Democracies, the ``Lifeline: Embattled Civil
Society Organizations Fund'', the Open Government
Partnership, and the United Nations Special Rapporteur on the
Rights to Freedom of Peaceful Assembly and of Association to
protect global civil society;
(7) recognizes the important role diplomacy plays in
defending global civil society and creating new openings for
civic space;
(8) emphasizes the value of programs of the United States
Government in protecting civil society and defending civic
space, including the work by the Senior Advisor for Civil
Society and Emerging Democracies and the Bureau of Democracy,
Human Rights, and Labor of the United States Department of
State, and the United States Agency for International
Development (USAID);
(9) calls on private sector partners and other governments
to develop new tools and leverage existing technologies to
support the efforts of civil society; and
(10) encourages the people of the United States and the
world to observe the International Day of Democracy,
September 15, 2014, with appropriate programs and activities.
____________________
HONORING THE LIFE, ACCOMPLISHMENTS, AND LEGACY OF LOUIS ZAMPERINI
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Judiciary Committee be discharged from further consideration of S. Res.
531 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 531) honoring the life,
accomplishments, and legacy of Louis Zamperini and expressing
condolences on his passing.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Feinstein amendment which is at the desk be agreed to; the resolution,
as amended, be agreed to; the preamble be agreed to; and the motions to
reconsider be considered made and laid upon the table with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3971) was agreed to, as follows:
(Purpose: To amend the resolving clause)
The resolving clause is amended--
(1) in paragraph (1), by inserting ``and'' at the end;
(2) in paragraph (2), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (3).
The resolution (S. Res. 531), as amended, was agreed to.
The preamble was agreed to.
The resolution, as amended, with its preamble, reads as follows:
S. Res. 531
Whereas Louis Silvie ``Lou'' Zamperini was born on January
26, 1917, to Anthony and Louise Zamperini, in Olean, New
York;
Whereas Louis Zamperini represented the United States in
the 1936 Olympics in Berlin as a distance runner;
Whereas Louis Zamperini graduated from the University of
Southern California in 1940 and enlisted in the United States
Army Air Corps in 1941, earning the rank of lieutenant;
Whereas in May 1943, Louis Zamperini's B-24 bomber
malfunctioned and crashed during a search-and-rescue mission
over the Pacific Ocean, leaving him and 2 other individuals
stranded;
Whereas Louis Zamperini survived for 47 days adrift in a
life raft with Second Lieutenant Russell Phillips before
being captured by Japanese forces and placed in a prisoner of
war camp;
Whereas for more than 2 years, during his imprisonment,
Louis Zamperini endured brutal treatment and forced labor
with courage and resilience;
Whereas upon the conclusion of World War II, Louis
Zamperini was released from the prisoner of war camp in
September 1945;
Whereas Louis Zamperini was promoted to captain and awarded
multiple distinguishing military honors, including the Purple
Heart, the Distinguished Flying Cross, and the Prisoner of
War Medal;
Whereas Louis Zamperini was given the honor of carrying the
Olympic flame in 1984, 1996, and 1998;
Whereas in the years after World War II, Louis Zamperini
traveled as an inspirational public speaker, using his
experiences to inspire a message of forgiveness;
Whereas the airport in Torrance, California, was named
``Zamperini Field'' in honor of Louis Zamperini; and
Whereas Louis Zamperini leaves a legacy as a national hero
and an inspiration to future generations: Now, therefore, be
it
Resolved, That the Senate--
(1) honors the life, accomplishments, and legacy of Louis
Zamperini and;
(2) extends heartfelt sympathies and condolences to the
family of Louis Zamperini.
____________________
NATIONAL PHENYLKETONURIA AWARENESS DAY
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Judiciary Committee be discharged from further consideration of and the
Senate now proceed to the consideration of S. Res. 585.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 585) designating December 3, 2014, as
``National Phenylketonuria Awareness Day.''
There being no objection, the Senate proceeded to consider the
resolution.
Mr. BLUMENTHAL. I ask unanimous consent that the resolution be agreed
to, the preamble be agreed to, and the motions to reconsider be laid
upon the table with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page 16583]]
The resolution (S. Res. 585) was agreed to.
The preamble was agreed to.
(The resolution, with its preamble, is printed in the Record of
November 20, 2014, under ``Submitted Resolutions.'')
____________________
WREATHS ACROSS AMERICA DAY
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Senate proceed to the consideration of S. Res. 593, submitted earlier
today.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 593) designating December 13, 2014,
as ``Wreaths Across America Day.''
There being no objection, the Senate proceeded to consider the
resolution.
Ms. COLLINS. Mr. President, I am pleased to join with my colleague
Senator King in submitting S. Res. 593 to designate December 13, 2014,
as Wreaths Across America Day. Since its inception 23 years ago, the
Wreaths Across America project has become an annual tradition of
donating, transporting, and placing Maine balsam fir remembrance
wreaths on the graves of our fallen heroes buried at Arlington National
Cemetery, as well as at veterans' cemeteries and memorials in every
State and overseas. In the program's first 23 years, more than 1.7
million wreaths have been placed in honor of those who have served our
country.
On this December 13, thousands of volunteers across the river in
Arlington, throughout our nation, at such overseas locations as
Normandy, and on our Navy ships at sea, will carry out the mission of
Wreaths Across America to ``Remember, Honor, Teach.'' This will be the
culmination of a week-long procession between Maine and Virginia, with
stops along the way to spread a message about the importance of
remembering and honoring those who serve, and teaching the people of
the United States about the sacrifices made by Veterans and their
families.
This year, as in years past, the Patriot Guard Riders, along with
other patriotic groups and Maine's First Lady Ann LePage, will escort
the tractor-trailers filled with donated wreaths from Maine to
Arlington National Cemetery. America's trucking industry will continue
to support Wreaths Across America by providing drivers, equipment,
fuel, and related services to assist in the transportation of wreaths
across the country to more than 1,000 locations.
In recent years, Wreaths Across America has provided some 130,000
wreaths to Arlington National Cemetery. To mark Arlington's 150th
anniversary, the goal this year is to decorate each of the 230,000
Veterans' graves and memorials on that hallowed ground. Thanks to the
generosity and gratitude of the American people, this goal will surely
be achieved.
The origin of Wreaths Across America is an inspiring example of that
generosity and gratitude. During the Christmas season in 1991, Morrill
and Karen Worcester took time during their busiest season to donate and
deliver 5,000 wreaths from their company in Harrington, ME, to
Arlington National Cemetery to honor the heroes who lie at rest there.
At first, a small band of volunteers laid the wreaths quietly and with
little notice. In recent years, however, the Arlington Wreath Project
has grown to become a national phenomenon. The people of Maine are
proud that this heartfelt gesture of America's gratitude began in our
state.
Wreaths Across America honors our departed heroes, but it does even
more. It tells the Veterans still with us that we honor their service.
It tells our men and women in uniform today that we are grateful for
their courage and devotion to duty. It tells the families of those
serving our country that they are in our thoughts and prayers. And it
tells the families of the fallen that we share their grief.
Throughout human history, the evergreen wreath has been offered as a
tribute to heroes. On December 13, we will again offer this enduring
symbol of valor and sacrifice. In this season of giving, we will pay
tribute to those who have given us the most precious gift of all, our
freedom.
Mr. BLUMENTHAL. I ask unanimous consent that the resolution be agreed
to, the preamble be agreed to, and the motions to reconsider be laid
upon the table with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 593) was agreed to.
The preamble was agreed to.
(The resolution, with its preamble, is printed in today's Record
under ``Submitted Resolutions.'')
____________________
ORDERS FOR THURSDAY, DECEMBER 4, 2014
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that when the
Senate completes its businesses today, it adjourn until 9:30 a.m. on
Thursday, December 4, 2014; that following the prayer and pledge, the
morning hour be deemed expired, the Journal of proceedings be approved
to date, and the time for the two leaders be reserved for their use
later in the day; and that following any leader remarks, the Senate
resume executive session and consideration of the Orr nomination, with
the time until 10 a.m. equally divided and controlled between the two
leaders or their designees.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROGRAM
Mr. BLUMENTHAL. Mr. President, for the information of all Senators,
there will be up to five rollcall votes at 10 a.m. on confirmation of
the Orr and Hezir nominations and cloture on the Stivers, Leeson, and
Griggsby nominations. Another series of up to six rollcall votes will
occur at 1:45 p.m.
____________________
ADJOURNMENT UNTIL 9:30 A.M. TOMORROW
Mr. BLUMENTHAL. If there is no further business to come before the
Senate, I ask unanimous consent that it adjourn under the previous
order.
There being no objection, the Senate, at 7:44 p.m., adjourned until
Thursday, December 4, 2014, at 9:30 a.m.
____________________
NOMINATIONS
Executive nominations received by the Senate:
IN THE AIR FORCE
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be lieutenant colonel
ROBERT B. O. ALLEN
CATHERINE A. BONHOFF
BRAD C. BORDES
JEREMY L. BRASWELL
JEFFREY S. CHAPERON
ANTHONY W. CRANE
BRENT J. CUNNINGHAM
STELLA E. V. GARCIA
MIGUEL A. GUEVARA
ANDREW A. HERMAN
CHARLES S. HUGHES
DAVID HUINKER
NATHAN T. KELLETT
JENNIFER M. LAVERGNE
DONALD E. LOFTON, JR.
SEAN E. MARSHALL
LUZ A. MAYA
ALEXANDER L. MILLMAN
AIMEE L. MORALES
LAURA A. PATZ
JUSTICE M. SAKYI
TRACIE R. TIPPINS
ERNESTINA E. VAN LEER
KEITH M. VOLLENWEIDER
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be lieutenant colonel
RICHARD Y. BAIRD
MICHAEL S. BOGAARD
TIMOTHY J. BONJOUR
BRYAN DAVID BONZO
GOLDIE R. E. BOONE
COLIN M. BURCHFIELD
JACQUELINE E. BVLGARI
ANTHONY J. CAGLE
CATHERINE M. CALLENDER
JENNIFER R. CAREY
JOHN F. CARGIOLI
RICHARD C. T. CASABAR
TROY D. CHINEVERE
JOANNE S. CLARK
JEFFREY S. COLLINS
PAUL M. CONROY
HJALMAR CONTRERAS
KELLY L. CZEISZPERGER
JON K. EHRENFRIED
CARL S. ERICKSON
BRIAN C. EVERITT
RICHARD C. EVORS
STEPHANIE A. FORSYTHE
NICOLE D. GARRIS
DAVID R. GILLIAM, JR.
STEVEN B. GRAVES
ALAN C. HALE
MIRANDA L. HANCOCK
BENJAMIN R. HANDO
JESSICA D. HUGHES
TARA M. JAYNE
CHELSEA D. JOHNSON
JULIE M. JOHNSON
JONELLE J. KNAPP
JAY S. KOST
JEANE M. LAMBRECHT
[[Page 16584]]
BRIAN J. LANGFORD
COURTNEY M. LEE
ROGER A. LEE
DENISE M. LENNON
FE LOBOMENENDEZ
HANS J. MEISSNEST
ARTHUR L. MILLER
ERIC J. OGLESBEE
CRYSTAL E. PRICE
BRANDI A. RITTER
KATHRYN B. SHAW
STEPHEN C. SIMPSON
JEREMY SKABELUND
MICHAEL A. SKINNER
SCOTT W. STEIGERWALD
RANDALL L. STEVENS
TIMOTHY W. STOUT
DANIEL D. SWEENEY
JENNIFER A. TAY
JUSTIN L. THEISS
JEROME L. VINLUAN
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
RICHARD M. BURGON
JOSHUA N. SCOTT
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
ALLYSON M. YAMAKI
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
AARON J. AGIRRE
ERIK B. ANDERSON
TANYA P. BERG
BRIAN F. BRAGASSA
JONATHAN R. CARDON
TIMOTHY A. CARLSON
ANTHONY J. CARTER
ALLEN CHAN
WILLIAM R. CONE, JR.
JOSEPH G. CURTIS
AMBER D. DAILEY
J. SEPH ANTHONY DEMEO
FRANCINE A. DRUMMOND
HENRY A. FOERSTER
CHRISTOPHER J. FRIES
FRANCISCO F. GALLARDO, JR.
BRETT M. GERMAIN
NATALIE FAITH GERMAIN
CHELSIE L. GRITZMACHER
JEFFERY Y. HENDERSON
ALEXANDRA E. HERNANDEZ
ELISE L. HICKERSON
RYAN S. HOLBROOK
MELISSA C. HOLT
SHANE A. JENKS
JASON F. KOESTERS
JONATHAN P. KRUZE
KEVIN R. KUNZ
KAREN R. LAPHAM
LISA K. U. LE
DEBBIE R. LEE
JIEUN LEE
KATHERINE MALDONADO ALFANDARI
MARICRUZ S. MARTINEZ
JARED D. MASON
EGYPT RAH Y. MCADOO
ERIN M. MCNAMARA
MANDY M. MILLER
HOON MIN
HELENA M. MINYE
NIKKI L. MOCHKO
JUNHYUNG PARK
CHRISTINA A. PFLIPSEN
KIMBERLY C. QUILAO
KEVIN D. RASMUSSEN
ASHLEY J. REYES
MARY UM ROBINSON
AMBER J. RUSSELL
JONATHAN J. SCHUBERT
SCOTT J. SHUMWAY
WESLEY S. SHUTE
WILLIAM E. SLACK
DANIEL J. SMITH
ROBERT M. SPRIGGEL
BRANDON C. STANLEY
PAULA A. STEPP
MARK R. STEVENSON
TATIANA P. TOQUICA
STEPHANIE L. TRAHAN
DANIEL P. TRUE
SARAH K. TURBUSH
ROBERT E. WAKE III
DANIELLE E. WEHRI
JESSICA R. WHITE
TUNGSHU M. YANG
GREGORY S. ZILINSKI
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
ERIKA S. ABRAHAM
WINFRED B. ABRAMS, JR.
MICHELLE R. ALDERS
DANIEL G. ALLEN
JACOB A. ANDERSON
MELANIE N. ASBURY
MARIE C. AUDETT
HEATHER E. AULTMAN
EDWIN R. AUSTIN
MELINDA M. AUXIER
JASON A. BABCOCK
LANCE T. BACON
ALAN S. BAGGETT
MATTHEW J. BAKER
GARY A. BARBER, JR.
ADRIAN R. BARRON
JONATHAN S. BASSETT
THOMAS J. BAYUK
KEITH T. BEAM
PATRICK C. BEEMAN
JEREMY M. BERNOT
DENAE MARGUERITE BEVILLE
ROBERT D. BOLTON
HOWARD E. BOWERS
AARON B. BRADY
JOSHUA P. BRAUTIGAM
DANIEL R. BREWER
JOHN R. BREWER
LAURA M. BRIDGE
STUART K. BRIGHAM
GABRIEL W. BRISCOE
ADAM S. BROWN
KAESSEE L. BROWN
SHANNON P. BUCK
WILLIAM E. BYNUM IV
NICHOLAS R. CARR
BRADLEY J. CARRA
JAMES T. CASSLEMAN
DARWIN CASTILLO
RYAN S. CHO
JONATHAN K. CHONG
KERRY L. CHRISTENSEN
JUN MO N. CHUNG
ROSELYN J. CLEMENTE FUENTES
JASON B. COOMBS
EMMANUEL CRUZ CABAN
JANET CRUZ
MICHAEL F. DAMORE
CORY J. DARROW
JULIE A. DAVENPORT
TIMOTHY M. DAVIS
NICOLE F. DE SIMONE
CAITLIN A. DUFAULT
ELIZABETH ANNE DUFFY MILMO
EVAN J. DUNN
STEVEN J. DURNING
JOSHUA L. EATON
JASON M. EDWARDS
MARY ANNE Q. EISMA
KATHERINE H. ELLIS
CHARISMA BAUTISTA EVANGELISTA
TIMOTHY J. EWALD
MATTHEW D. FAIN
SABRINA M. FELTON
ROSALINDA F. FITTS
KRISTEN E. FLEMING
ANDREW D. GALUSHA
ERICH M. GAUGER
KARIN SOBY GILKISON
PATRICK T. GLYNN
RYAN C. GOTTFREDSON
MICHAEL J. GRAVETT
ROBERT H. GRAY
GRANT W. GRIFFITH
RICHARD D. GRINSTEAD
JONATHAN T. HANCOCK
ANNA HANG
NICOLE M. HANS
NEEMA R. HARDEMAN
MISHA O. HARRELL
DANIEL E. HATZ
KATHERINE G. HAYES
ADAM D. HEBDON
HUYNH ANH HINSHAW
DEANN M. HOELSCHER
MASON C. HUNT
ALECIA R. HUTSLER
KOJI S. IIZUKA
FRANCIS E. JANES
BRETT C. JOHNSON
BRIAN W. JOHNSON
ELLYN M. JOHNSON
JENNIFER L. JOHNSON
WILLIE K. JONES
NATHAN R. KELSEY
MICHAEL A. KOROSCIL
MATTHEW W. KRAMER
JOSHUA G. KUBIT
STEPHANIE M. LAMPKE
JENNIFER L. LANDUCCI
JAMES H. LANTRY III
ADRIENNE M. LAURY
PETER A. LENNOX
ANDREW W. LEWIS
BRIAN J. LEWIS
YANG LIU
SUSAN B. LOBRANO
HAROLD J. LOCHNER III
JENNIFER D. LORENZ
MICHAEL T. LOUGHLIN
REGAN F. LYON
JOHN P. MAGULICK, JR.
ERIN M. MAI
KURIAN T. MALIEL
KEREEM M. D. MARLOW
ANNA M. MARUSKA
JONATHAN A. MAXHAM
DIXIE ANN MCCLENDON COKER
SETH B. MCCORD
GREGORY K. MCCOY
EMILY M. MCELVEEN
SEAN P. MEAGHER
JASON L. MELLO
ERIC G. MEYER
CHRISTOPHER J. MICALLEF
SHANA M. MILES
NATHAN R. MOODY
CAROLYN S. MOORE
JEFFREY D. MORGAN
TRENT L. MORGAN
BETHANY M. MULLA
HEATHER D. MUNDY
MICHAEL R. NAY
BRITTANIE INGRAM NEAVES
MEAGHAN P. NELLES
JOANNA M. NELMS
ALEXIS E. NELSON
STEVE M. NELSON
MICHELLE R. NEWKIRK
MONIQUE R. NOBLE
DAVID M. NORTHERN
NATHANIEL S. NYE
TAMANNA ODEA
KENNETH L. OFFUTT
NATHAN W. OLSON
MARY K. OSBORNE
NATHAN T. PALMER
JOSHUA E. PASCOE
NEHA K. PATEL
JUSTIN G. PEACOCK
TROY J. PEARCE
VANESSA MICHELLE PEARSON
BRIAN M. PENNINGTON
ASEEM V. PETERSON
MARK R. PETERSON
MAI T. PHAM
REBEKAH E. PIEGOLS
ADAM J. POLOZOLA
LISA MARIE POOLE
ALICIA C. PRESCOTT
ANGELA T. PRESCOTT
LESLIE L. K. PRISTAS
NAVINDRA RAMDATH
RACHEL TENNESSEE RAMSOWER
FREDERIC A. RAWLINS III
EMERSON M. RAZA
BRADLEY A. REEL
MATTHEW T. REYNOLDS
SARAH M. REYNOLDS
TALAYEH REZAYAT
JOHN M. RICHARDSON
RAMON A. RIOJAS
JAIME LYNN ROBEY
SHAINA J. ROGERS
JENNIFER ELIZABETH ROPER
LINDY M. ROSAL
MATTHEW J. ROYALL
FRANK D. RUSSO
HENRY S. SCHEULLER
AMY L. SCHIMKE
ERIKA J. SCHNEBLE
CHRISTOPHER P. SCHWAN
DANNIELLE M. SCHWARTZ
WANDER S. SEGURA
CHARLES S. SHAFFER
ERWIN T. SHAW
TIFFANY M. SHELTON
MICHELLE M. SHIPP
THOMAS M. SKINNER
NICOLAS J. SKORDAS
REBECCA S. SLOGIC
BENJAMIN P. SMITH
DEREK M. SMITH
JOHN R. SMITH
NATHANIEL E. SMITH
NATOSHA D. SMITH
STACY A. SOLHEIM
JOSEPH S. SONTGERATH
CHRISTOPHER M. STANLEY
KOURTNI L. STARKEY
MEGHAN A. STEINOUR
KELLY N. STINSON
JOSHUA C. STOREY
JOHN M. STOWERS
TIFFANY R. STRATTON
PHILLIP A. STRAWBRIDGE
MATTHEW T. STRINGER
NOAH T. SUTTON
CHRISTOPHER N. SWEIGART
SOFIA M. SZARI
CHAUNCEY D. TARRANT
STEVEN A. TAYLOR
NATHAN J. TESCHAN
KELTON M. THOMAS
SARAH E. Y. THOMAS
JAMES A. THOMPSON
MARC D. TOLLEY
ALFRED F. TRAPPEY III
WESLEY E. TRUEBLOOD
MARK R. TRUXILLO
RENE D. TURNER
JOHN R. UNTISZ
MATTHEW D. VANDERHOEK
ANNE M. VENABLE
JAMESON D. VOSS
[[Page 16585]]
PAUL D. VU
JUSTYNA T. WADOLOWSKI
ALLISON J. WALKER
HANS R. WATSON
JOHN D. WATSON
MATTHEW F. WATTO
KHANDIE Y. WAUGH
BRYANT J. WEBBER
AMANDA M. WEINDL
JASON P. WELTER
LAURA B. WHITE
ELAINA C. WILD
JON P. WILLIAMS
JORDAN M. WILLIAMS
ADAM M. WILLIS
THOMAS J. WILLSON
CORTNEY C. WILSON
EMILY J. WINTERTON
LAURA B. WOLFE
HALEI K. WONG
JENNIFER L. WOODWARD
APRIL LASHEL WOODY
CHRISTOPHER D. YOUNG
FEI ZHANG
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be lieutenant colonel
RHETT B. CASPER
JAMES K. T. CULLEN
MICHAEL W. DUERS
NICHOLAS B. DUVALL
PAULA K. HOANG
MATTHEW M. HUFFAKER
THEODORE M. JACKSON
JOANNA B. JAMINSKA
JINYOUNG KIM
MISUKE KIM
MARCUS P. KROPF
BRENDAN M. LANE
WENDY D. LOBRE
JAMES M. PIPER II
CHRISTOPHER L. PODLIN
ALLEN M. PRATT
NATHAN T. SCHWAMBURGER
ERIN M. SPEIER
BRADSHAW M. STOUT
BETH L. TOMIC
MARK A. VANZANT
BRENT J. WALDMAN
STERLING J. WHIPPLE
JAESUK YOO
JAMES M. YOUNG
STACEY ELIZABETH ZAIKOSKI
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be lieutenant colonel
JOSE C. AGUIRRE
ANGELA M. ALBRECHT
MICHAEL R. ALCORN
DOUGLAS R. ALFAR
JENNIFER A. ALFAR
DAVID A. APPEL
ALVI A. AZAD
CHRISTOPHER E. BACKUS
BRUCE R. BALL
HEATHER M. BARBIER
TRAVIS CARLOS BATTS
CLAYNE BENSON
KORY R. BODILY
CALE WALTER BONDS
JASON D. BOYD
ERNEST E. BRAXTON
RUTH BRENNER
TYSON C. BROWN
CHRISTOPHER W. BUNT
JEFFREY S. BURBIDGE
DANIELLE J. CERMAK
WENDY CHAO
SPENCER C. CHECKETTS
DAVID S. CHOI
JARED GLEN CLAY
ANGELIQUE N. COLLAMER
MARIA A. CONLEY
CHANTAL COUSINEAU KRIEGER
CARLTON J. COVEY
JOHN R. CUNNINGHAM
BRANDON J. CUTLER
DILLARD L. DEHART III
STEFANI L. DIEDRICH
MELISSA J. DOOLEY
JOSHUA S. DUBOIS
BRANDEN G. DUFFEY
JENNIFER E. DUNLAVY
TODD ALIN EADS
LANCE D. EDMONDS
NATHAN R. EVANS
CRISTINA L. FRANCHETTI
BRUCE JAY GARDNER II
RYAN F. GIBBONS
THOMAS O. GIFFORD
KRISTEN R. GLASS
BRIAN B. GLODT
ARTHUR J. GREENWOOD
IAN D. GREGORY
JOHN THOMAS HARDY
BRANDE M. HARRIS
JAMES C. HARTLEY
JOSHUA A. HARTMAN
KERMIT G. HELO III
ANTONIO J. HERNANDEZ
BERNARD A. HILDEBRAND, JR.
ROBIN A. HOLZER
BORISLAV HRISTOV
MARK W. HUBBELL
BRENT J. HUDDLESTON
JOSEPH A. HUSEMAN II
NICHOLE K. INGALLS
BRENT IZU
CHRISTOPHER E. JONAS
EVAN M. JONES
KEVIN P. JUOZAPAVICIUS
MARTIN P. KASZUBOWSKI
JEFFREY D. KISER
ADAM C. KOERTNER
CHRISTOPHER K. LAWLER
PAMELA R. LECLAIRE
CHRISTOPHER C. LEDFORD
BRETT E. LINCK
JEFFREY M. LODERMEIER
MICHELLE MARINO
SEAN P. MARTIN
LESLIE D. MATESICK
MICHAEL J. MATSUURA
JOHN J. MAXEY
BRADLEY A. MCGREGOR
DAVID C. MILLER
CHRISTINE A. MIRABAL
BENJAMIN J. MITCHELL
BENJAMIN MONSON
STEFANIE M. NANCE
CATHERINE E. NOBLE
CADE M. NYLUND
KATHLEEN M. OLEARY
MICHAEL P. OREJUDOS
REID N. ORTH
CASEY L. PARINI
JASON M. PFLUKE
NECIA M. POPE
DAMIEN C. POWELL
FRANCISCO J. RAMIREZ
JAMIE M. RAND
JOEL ADLAI REYES
RICHARD J. ROBINS
VANCE M. ROTHMEYER
AARON M. RUBIN
MEREDITH A. SARDA
MATTHEW R. SCHMITZ
ROSS A. SCHUMER
FAYE B. SERKIN
JENNIFER A. SEXTON
CYNTHIA S. SHEN
CHRISTINE A. SMETANA
JESSICA K. SMYTH
MARCUS S. SNYDER
RICHARD O. SPEAKMAN
SAMUEL A. SPEAR
DANIEL A. STEIGELMAN
ALLEN I. STERING
TIMOTHY J. STRIGENZ
ANDRE J. SULLIVAN
ROBERT C. SWIFT
BRYAN D. SZALWINSKI
KENJI L. TAKANO
TRAVIS C. TAYLOR
ANDREW A. THORESON
WILLIAM TOTH
VINH Q. TRAN
MARC S. TUBAY
LUCRETIA LYNNE VAUGHAN
KENNETH W. VAWTER
RODNEY C. WADLEY, SR.
JASON M. WEBB
LISA M. WEEKS
JACOB M. WESSLER
NED L. WILLIAMS
PETER M. WILLIAMS
TIMOTHY K. WILLIAMS
SCOTT A. WILTZ
EMILY B. WONG
VANESSA W. WONG
CURTIS J. WOZNIAK
FI A. YI
SANDY K. YIP
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be colonel
JASON D. EITUTIS
MICHAEL D. FOUTCH
PATRICIA D. FOWLER
SALLY ANN KELLYRANK
RANDALL C. LAMBERT
GREGORY W. PAPKE
ROBERT M. PAZ
SCOT S. SPANN
BRYAN E. WOOLLEY
BRIAN K. WYRICK
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be colonel
SARAHANN BEAL
RICHARD J. BERT, JR.
JOSEPH COSTANTINO
CRAIG H. FORCUM
PAUL J. HOERNER
SCOTT M. MCKIM
JAMES R. POEL
MARK A. STAAL
KEVIN W. TILLER
RYAN L. TRAVER
JAY A. VIETAS
CAROL C. WALTERS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be colonel
KEITH L. CLARK
MICHAEL E. CRABTREE
WILLIAM K. LIN
PAUL A. LONGO
VICTOR B. MAGGIO
JAMES R. MOORE
KYLE E. PELKEY
ENRIQUE E. ROSADO
JENNIE LEIGH L. STODDART
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be colonel
TALIB Y. ALI
JAY R. ALLEN
JASON G. ARNOLD
ANTHONY S. BANKES
VIKHYAT S. BEBARTA
JAMES E. BERMUDEZ
JOHN N. BERRY
ANTHONY I. BEUTLER
CHRISTOPHER T. BIRD
JEREMY W. CANNON
JERRY M. CLINE
ROBERT W. CRAIGGRAY
PAUL F. CRAWFORD, JR.
SCOTT M. CUMMIS
RONALD S. DAY
ANTONIO J. DELGADO
BRIAN L. DELMONACO
KELLY L. DORENKOTT
DAVID J. DUVAL
KENNETH S. EGERSTROM
MARY T. GUEST
GREGORY J. HAACK
CHAD A. HAMILTON
JASON T. HAYES
RACHEL A. HIGHT
MICHAEL GLENN HODGES
ERIC F. HOLT
BRANDON R. HORNE
CHRISTOPHER M. HUDSON
SEAN L. JERSEY
KEVIN J. KAPS
TONY S. KIM
PAULETTE D. LASSITER
MAXIMILIAN S. LEE
MARK D. LYMAN
ROBERT M. MONBERG
THOMAS O. MOORE
BRENDAN M. NOONE
SAMIA A. OCHIA
SAMUEL T. OLATUNBOSUN
STEVEN D. PEINE
MICHAEL C. PETRO
JENNIFER L. RAVENSCROFT
JOSEPH R. RICHARDS
JAMES B. SAMPSON
ZAIGA KAREN SEARS
PATRICK A. SHEA
DAVID L. STEINHISER II
GALE T. TUPER, JR.
CEASAR A. VALLE
JAMES F. WALROTH
STEVEN R. WARD
DERRICK B. WILLSEY
GABRIEL ZIMMERER
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
BAMIDELE A. ADETUNJI
TERESE L. ALLISON
LIAM M. APONTE
JULEE L. AVRAM
BRETT J. BALLARD
SHARON A. BALLINGER
NICHOLAS S. BANCROFT
PAMELA D. BANKS
KATHLEEN V. BELL
NATASHA I. BEST
JUDY L. BLANCHARD
BRIAN T. BOOTH
CASSIDY JO BOYER
TINA S. BRADFORD
MICHAEL J. BRAKEL
LAURIE A. BREZINA
REBECCA A. BRIONES
KELLY ANN CARTER
MARIA C. CASTRO
JENNIE L. CAVAL
MARGARET G. CENTENO
LEWIS G. CHRISTENSEN
DAWN M. CLAUSON
MARION A. COLLINS
JENNIFER L. CONAWAY
[[Page 16586]]
JONATHAN C. CRISS
KAREN J. DARGAN
CARMANITA L. DAVIS
MONICA I. DENNING
GUILENE C. DERISMA
RACHELLE R. DIXON
TIFFANI M. DORCH
DEAN P. DORE
DEBBIE J. DORSEY
KATHLEEN M. DRUM
APRIL J. DUNLEVY
CHRISTOPHER D. DUVALL
ABIGAIL J. EASTMAN
LORI E. FLORI
JOAQUINA FONTES LOPES
MOAYAD FOWLER, SR.
JENNIFER L. FRANKS
DENISE M. FREDERIKSEN
ERIC M. FROST
MCKISA P. FRYER
MARY E. GAMBLE
STEPHANIE P. GARCIA
ANGELA C. GOOKIN
KATHERINE R. GRIFFITHS
TWANA A. HADDEN
WENDY H. HEIBEL
KATHERINE M. HITZ
ANGELICA M. HOLLIDAY
JK SHANE HOUSE
HEATHER S. HUBBARD
LAURA A. HUMES
CHENNEL CHRISTIAN JOHNSON
BENJAMIN D. JORGENSEN
SUSAN E. JOSEPH
DIANE J. JUROSKA
KATHERINE S. KASCH
TUESDAY M. KAYONGO
SHARA R. KOCH
VALERIE P. KOSOBUCKI
TAMMY R. KRITZER
MICHELLE A. LEMPKE
JOSEPH C. LEONDIKE
MARCIE A. LEWIS
BETHANY L. LIEBERMAN
BESSA JANE E. LIVICA
LOU A. LYSENGEN
ERIC W. MAGNUSON
ANASTASIA T. MCKOY
SHERRY L. MITCHELL
CYNTHIA G. MONTESI
ROMEATRIUS NICOLE MOSS
RICHARD J. ODOSSO
JAMES C. ONEILL
LIBERTY C. ORADA
HEATHER L. ORTIZ
TINA MARIE OUELLETTE
ANNETTE R. PATTON
DOUGLAS S. POGUE
STEPHANIE M. POWERS
JESSICA L. PRICE
STEPHEN G. RAY
RICHARD P. ROGERS
ESMERALDA SALAZAR
DARRELL C. SANDERS
JEANETTE K. SANDERS
SUZANNE E. W. SEE
SHAWNICE LEE SHANKLE
ANTHONY P. SIBILIA
JOHANA SIERRANUNEZ
MICHELLE B. SMITH CLEGGETT
STEFFANIE L. SOLBERG
BRIAN L. SPURLOCK
ANTHONY R. STEPHENS
THEODORE J. SZERSZENSKI III
GRETCHEN E. SZYMANSKI
SCOTT G. THALLEMER
STACY L. TUTTLE
VERONICA B. VALERIO
ELIZABETH L. VATH
JOEL M. VILLAVERT
TOBIE J. WATKINS
BRENDA D. WHITE
ROSEMARIE WIBISONO
BRIAN K. WIENHOFF
TIFFANY D. WILLIAMS
MICHELLE T. WISE
RHYS I. WOODALL
ZOE T. WOOLSTON
JONATHAN R. WURZELBACHER
KERI L. YOUNG
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
TRAVIS M. ALLEN
THOMAS R. BAIZE
KARL N. BLANCAFLOR
ROBERT DALE BOHNSACK
DANIEL S. CALL
STEVEN R. CUNEIO
GARY J. DAVIDSON
CRAIG MILTON FORSYTHE
DAVID M. HORTON
KEVIN M. HUDSON
PAUL B. JOYNER, JR.
JASON P. KIM
JASON T. KLODNICKI
DAVID R. LEONARD
CHRISTOPHER L. REEDER
DAVID D. REEDY
JONATHAN T. RUNNELS
DAVID Y. SUH
CHRISTOPHER D. UNDERWOOD II
JEROMY JAMES WELLS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
DAVID P. ABBOTT
COURTNEY A. ADDY
REGINA R. BEINHAUR
JOHN D. BIGBIE
CHARLES MATTHEW BOYD
KRISTEN E. CARTER
RAMONA S. DAUGHERTY
JOSHUA D. DEAN
LOUIS C. EDWARDS, JR.
STUART D. FILLMORE
MICHELLE A. FRONZAGLIA
RAYMOND W. FUNKE
ERIC C. GARDNER
JOHN D. GILLARD
DANIEL A. GRIFFITH
MARK W. HASSETT
HEATHER C. HAYDEN
CORBY J. HEYNE
AMMON B. HICKMAN
CHRIS A. IANNI
JEREMIAH R. JACOBS
GREGORY A. KIRKWOOD
SARAH V. LINDSAY
VIKKI LORRAINE LOPEZ
MEGAN G. MALCOM
STACEY R. MCCRAW
RYAN J. MCGUIRE
JOSHUA LEE MILLER
DENISE K. MIRANDA
TROY R. A. NOVAK
ELIZABETH K. OSANTOWSKI
PRICE T. PARAMORE
DAMIAN K. PARDUE
ARCHIE R. PHLEGAR
ERIN LEIGH ROBERTS
JASON A. SALASKI
JONATHAN S. SEMPLE
ANDREW F. SEVERT
BRANDON LEONARD SHEALEY
DONNA L. SICKLER
JOY SPILLERS
JENNIFER JEAN TOMLINSON
KEVIN D. UNDERWOOD
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be major
MOHAMMED H. ALJALLAD
AMBER M. ALLARDICE
JESSICA M. ALLINGER
DANIEL M. ANDERSON
FUNMILAYO A. ARANMOLATE
MICHAEL A. ARMSTRONG
LATOYA S. ARTIS
ULISES JOE ATILANO
CHRISTOPHER S. BATES
MEGAN M. BATTEN
COREY M. BAYLISS
DOUGLAS J. BIRD
KODI M. BONE
FRANCISCO A. BORAL
DENNIS R. BOURDO II
LAURA M. BOYLAN
TODD D. BRACKETT
DAPHNE E. BREWTON
SHAMIKA PRYOR BROOKS
CRYSTAL C. BROWN
MICHAEL JOHN BRYANT
JENNIFER M. BUCKINGHAM
NATASHA W. BULLOCK
ROBERT L. CARLSEN
COREY CARNES
KAO YENG CHANG
ERIC CHASE
SPENCER P. CLAYTON
BRANDY K. CONWAY
TATANYA L. COOPER
MARGARET M. COPPINI
MAYARA MERCADO COULTER
BENJAMIN P. CRANDALL
MATTHEW S. DAVIS
EMILY G. DIETRICH
PATRICK DITULLIO
JONATHAN F. DOTI
CHRISTOPHER J. DYKES
RONALD I. ELAZEGUI
DANNY R. ELICH
NEYSA M. ETIENNE
ANNA V. FEDOTOVA
ALFRED J. FELIPE
ARNALDO J. FIGUEROA
KELLY L. FRANKLIN
BERNARDO L. GARCIA
THOMAS S. GARRIDO
JEFFREY D. GEDDES
MELISSA R. GILLINGHAM
MICHAEL S. GITCHEL
SHERRY D. GLENN
EMILY A. GRAZE
EDWARD P. GRIFFIN
ZACKERY A. GROOVER
ALEX H. GUBLER
BRYAN T. HAIL
JOHN M. HAMMILL
AMANDA O. HARDY
BRANDON P. HARRIS
KRISTENE A. HARRIS
JOEL M. HARTONG
RELINDA D. HATCHER
CHRISTINA H. HAYS
QUINTIN A. HECHT
ASPEN C. HEGER
TIFFANY R. HELINE
HEIDI A. HERNANDEZ
KYLE C. HIATT
JOANNA S. HO
KEVIN R. HOOKER
ANDREW C. HOUCHINS
MELINDA HUNT
FELICIA A. JACKSON
KYLE M. JOHNSTON
CHRISTOPHER D. JUDY
RYAN MYUNGHEE JUNG
MICHAEL K. KAN
RYAN L. KASTERN
ROHIN N. KASUDIA
VERONIKA N. KHRAKOVSKAYA
JORDAN W. KIELISZEWSKI
JIN H. KIM
TERRY L. KLEIN
BREANNE M. KORMENDY
MARILYN T. T. LAI
JIMMY F. LAM
JOHN C. LAVIN
LESLIE N. LOVETT
ANNE LY
RAYMOND W. MAK
JEFFERY S. MARTIN
PAUL E. MASON
KRISTEN M. MAYER
ANDREW J. MCUMBER
GARRETT A. MILLER
RONALD P. MILLER
VIVIEN J. MILLER
SHAOPING MO
KASEY MOORERITCHIE
MELANIE K. MULDROW
RICHARD J. NAVAREZ, JR.
JEFFREY G. NELSON
SANG Q. NGO
LYNH H. NGUYEN
KEMEJUMAKA N. OPARA
DAVID PANBOON
MELISSA A. PETERS
BRIAN D. PETROVICH
SONRIE G. PICKENS
JAIME J. PONS VALERIO
LEWIS M. PULLEY
LATEASA REED
CHRISTOPHER P. REICHLEN
JAMES A. RESCH
PETER GEORGE REY
LISA M. ROACH
AMANDA M. RUST
JOSHUA A. RYAN
MICHAEL D. SALYER, JR.
ELIZABETH A. SCHNABEL
DARNELL R. SCHUETTLER
MICHAEL A. SCIORTINO
RYAN M. SEYMOUR
NATHAN P. SHEPARD
ARIELLE R. SHIELY
BRIAN D. SHULER
AMANDA R. SIMSHIGH
EMILY E. SKINNER
RICHARD T. SMITH, JR.
CLIFFORD C. SOUDER
THADDEUS A. SPEED
FELISHA STANCIL
KARA B. TAYLOR
DANA R. THOMAS
EARL E. J. THOMAS
STEPHANIE M. TRACY
QUAN N. TRAM
ALEXANDRA L. TRAN
DEKONTEE M. TRAUB
DAVID S. TUBMAN
SYLVIA K. VALVERDE
JOHN A. VANN
COLLEEN M. VARGA
STEPHEN E. VELA
LETICIA VENEGAS
MICHAEL JOHN VIETTI
JOHN M. WADE
ANDREW B. WALLACE
FELECIA R. WASHINGTON
CHARLA R. WATSON
BENJAMIN C. WEAVER
TIMOTHY C. WEIGLE
MATTHEW S. WILLERICK
ADAM C. WILLETT
ANDREW P. WILLIAMS
SEAN M. WILSON
SETH P. WILSON
JOHN S. WU
ANITA M. YATES
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:
To be lieutenant colonel
RICHARD S. BEYEA III
CHRISTIAN L. BISCOTTI
MATTHEW A. BOARTS
[[Page 16587]]
KRISTOFFER K. COX
LARRY J. FOWLER
JULIAN C. GAITHER
KENNETH E. JOHNSON, JR.
EUGENE F. LAHUE
CHRISTOPHER M. LAPACK
CHARLES R. MONTOYA, JR.
SCOTT P. NUPSON
RANDY L. SELLERS
MICHAEL D. SHANNON
MARK F. THOMAS
SAMMY C. TUCKER, JR.
TRAVIS C. YELTON
IN THE ARMY
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY VETERINARY CORPS UNDER
TITLE 10, U.S.C., SECTIONS 624 AND 3064:
To be major
MARION A. ALSTON
SCOTT J. ANDERSON
SHANE J. ANDREWS
KRISTOPHER T. APPLER
CHRISTOPHER D. BASS
FRANCOIS A. BATES
LARA A. BRENNECKE
JESSICA N. BUCHTA
ALICIA D. CAWLFIELD
CURTIS R. CLINE
JESSICA M. CONNOLLY
DANIELLE M. DIAMOND
BETHANY A. EVERETT
CYNTHIA A. FALLNESS
SARA R. HEGGE
MELISSA D. HEHR
DEANNA K. HOWELL
JESSICA J. HUWA
ELIZABETH A. JAMES
ANDREW J. A. KAY
NOEL L. KUBAT
RACHEL E. LEE
TIFFANY D. MCQUEEN
ANNA B. MULLINS
MATTHEW C. REED
JILL A. REIDELBERGER
CARA P. REITER
LAURA E. RIDDLE
MARTY G. ROACHE
DUSTIN J. STAAB
JASON J. THORNTON
NATHAN A. E. WIENANDT
STEFANIA V. WILCOX
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY MEDICAL SPECIALIST CORPS
UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064:
To be major
RACHEL R. ANTHONY
SARAH E. BAKER
PATRICK L. BARKER
STEPHANIE M. BOCANEGRA
BENJAMIN K. BOWER
STEVEN A. BREWER
BARBARA K. BUJAK
BRENDA D. BUSTILLOS
ALVARO CALVILLO
CHRISTINA M. CARRIGAN
CARLA R. CARRILLOKING
ANTONIO F. CHANG
JOHN J. CICCARELLO
ERICKA M. CISCO
SCOTT C. DEMBOWSKI
KIMBERLI A. DEMENT
JEFFERY A. DOLBEER
DAVID L. DRISKELL
WILLIAM H. EDMONDS
CHRIS M. GONZALEZ
VIVIEN S. GUEVARA
ROBERT J. HALLE
REBECCA A. HAWKINS
NATHAN E. HENRY
MATTHEW S. HOLT
MICHAEL R. HUNT
JAMES E. JACKSON
JASON L. JUDKINS
KARYN E. KAGEL
BRYAN C. KOZAK
JOHN M. KURTZ
ANDREA C. LOHMANN
JAMES S. LORENZ
JOHN MASON
RONALD K. MCANDREW
STEVE E. MCKELLAR, JR.
CHRISTOPHER B. MERCER
LETRENDA R. MILES
AMY M. MOORE
RACHEL E. MORGANS
REBECCA L. MORRELL
SHAUN J. OLAUGHLIN
ROBERT M. PADEN
JOSHUA M. PAGE
WILLIAM J. PITT
KAYLA O. RAMOTAR
TRAVIS ROBBINS
RYAN M. RODRIGUEZ
CHERI M. RUIZ
JAMES A. RULEY
MATTHEW Z. SAMONTE
MARION J. SMITH III
RACHEL M. SNELL
SARAH K. SOJA
SEAN T. SUTTLES
LEIGH A. SWAFFORD
ELIZA B. SZYMANEK
ANDREA R. TARRANCE
KERRI A. VANARNEM
LUIS E. VIDAL
HUGH D. WALLER II
NATHAN D. WILLIAMS
TODD WILLIAMS
JAMES P. WINSTEAD
LARRY E. WITHAM
D011532
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY MEDICAL SERVICE CORPS
UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064:
To be major
NADINE M. ALONZO
ALFONSO J. ALVAREZ III
NICHOLAS J. BARANELLO
CARLOS A. BARRERA
KRISTINA L. BARTEE
VALERIE S. BARTONICO
JON M. BASHAM
TORRANCE C. BECK
SEAN P. BEEMAN
JAMES F. BEHELER
MIGUEL BENZOR
JARED L. BLACK
AUDREY A. BOENKER
MORRIS J. BOOTH
LONNIE S. BRADFORD
PAOLO C. BRIONES
JEFFREY L. BROWN
KENDRA L. BROWN
DANIEL L. BUNN
DAVID W. BYRD
GABRIELLE N. CALDARA
CHRISTOPHER C. CARPENTER
JESSICA T. CARTHON
PABLO A. CERCENIA
ERICA L. CHABALKO
EUN S. CHOI
BRANDEN K. CHUN
BRIAN E. COAKER
MEGAN A. CONNELL
JOSHUA L. CONNOR
MICHAEL R. COOPER
JARED M. COX
KIMI R. DAMASSIA
DAVID DELGADO
RICHARD A. DEMARAIS
ELIZABETH A. DESITTER
SAMUEL J. DIEHL
DAN T. DITZLER, JR.
BRIAN M. DOWNS
RAN DU
STUART R. DUBRIER
MARC N. DUFFING
TODD R. EAVES
BRITTANY L. ELLIS
NOLAN G. ELLIS
DAMON W. ELLISON
GARY S. FALZONE
ALEC L. FINLAY
JOSEPH E. FISHER
JESSICA L. FORMAN
MICHAEL S. FRANKEL
ASHLEY L. FRANKLIN
JEFFREY W. FROUDE II
PATRICK J. FRY
ANGELA N. FULBRIGHT
MELISSA K. GALAZIN
MICHELLE M. GARCIA
WILLIAM P. GEHLEN
PATRICK R. GLASS
JUSTIN R. GOLDMAN
ELVIS A. GONZALEZ
NATHANIEL B. HAGEN
WILLIAM C. HAMRICK
JODY J. HARBETTTRASK
JEAN P. HARE
ROBERT E. HAUPT
DANIEL D. HEFFNER
RICHARD A. HEIPERTZ
SEAN J. HENDERSON
RONALD R. HENRIQUEZ
QUANESHA K. HENRY
MEEGAN M. HENSON
WILLIAM D. HICKEY
RONNIE HILL
CHRISTOPHER M. HINNERICHS
GARRETT W. HOLT
ADAM T. HUGHES
PATRICK KAYLOR
BEATRICE I. KEARNEY
PATRICK R. KELLEY
KEVIN A. KIRCHGRABER
MELISSA K. KODANI
KATHERINE L. KOLACKI
MATTHEW KRULL
MICHAEL J. KWON
SPENCER D. LEE
BRET M. LEHMAN
THOMAS M. LEHMANN
MARVIN A. LEONARD
REBECCA K. LESEMANN
WILLIAM B. LEWIS
FRANK L. J. LILES
JISUN S. LIM
LUKE A. LINDAMAN
LIONEL Q. LOWERY II
KYLE R. LUND
GREGORY C. MABRY
MARY E. MARKIVICH
MARCOS MARTINEZ
DEEPAK J. MATHEW
JANEEN L. MATHIES
JIMMY L. MCCLAIN, JR.
MAHEALANI N. MCFARLAND
DAMIEN MCGUIGAN
ERIC J. MIES
ERIN E. MILNER
DEREK R. MONTHEI
MATTHEW J. MOOSEY
SCOTT T. MUELLER
NOE R. MUNIZ
STEVEN C. MURTY
BRYAN P. NOWAK
NICHOLAS J. NUSSDORFER
SEAN K. OBRIEN
MICHAEL M. OGANOVICH
EDDIE B. OLIVER
RUFINO D. ONG, JR.
ELIZABETH ORTIZ
VERONICA D. J. ORTIZ
RILIWAN O. OTTUN
STEPHEN W. OWEN
TRAVIS H. OWEN
CARPACCIO E. OWENS
JOHN W. PAAP
SEAN M. PALMER
XAVIER R. PENA
RANDY D. PERRY
BRANDON S. PYBUS
SUSAN H. RAGLIN
JOSHUA D. REECE
LYMAN S. REYNOLDSON
CAMERON L. RICHARDSON
ANTHONY H. B. ROBINSON
RONNIE P. ROBINSON
FAUSTINO RODRIGUEZ, JR.
KENNETH J. RODRIGUEZ
RICARDO J. RODRIGUEZCRUZ
NOLAN D. ROGGENKAMP
RALPH T. SALAZAR
TEFFANY N. SAMPLE
MARK G. SANDER
JOSE A. SANFELIZ
EDILBERTO SANTOS
BETTINA SCHMID
ISAAC S. SCHUNK
TODD C. SCHWARZ
JON M. SHARP
JULIE A. SHIN
RYAN C. SHUBAT
WALTER J. SKEISTAITIS, JR.
BRIAN G. SMITH
MAXWELL H. SMITH
LUIS F. SOTOORTIZ
MICHAEL P. STEVENS
DEREK T. STRANTON
JOHN T. STRINGER
JESSE J. TAFOYA
RONALD M. TALIS
DANIEL H. TENHAGEN
AARON THOMPSON
CRAIG E. THOMPSON
WILLIAM G. THOMPSON
TAMIKA N. THORNTON
JEREMY J. TRESCOTT
NORMAN V. TUALA
JAMES R. TULLIS
ALISA M. VANLANDINGHAM
KAYLA L. VICKERS
ABIGAIL S. VINCENT
KEVIN J. VOGT
LORI B. VOORHEES
MARK D. WALKER
ROBERT M. WEBER
BRAD A. WESLEY
MARK R. WESSELER
MICHELLE WHITLOCK
MARK T. WILLIAMS
ANDREW W. WILSON
JAMES E. WILSON
JOHN R. WOLF
DAVID P. WRIGHTEN
ANGELA M. YARNELL
MATTHEW B. YOUNG
JOSEPH G. ZIEBELL
D012227
D012299
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY NURSE CORPS UNDER TITLE
10, U.S.C., SECTIONS 624 AND 3064:
To be major
MARK ACOPAN
THOMAS C. AGNEW
MAYAMONA D. AIKEN
CHRIS N. ANGELES
MANUSHKA ANGOY
HOLLY R. ARCHER
APRIL L. BACCINELLI
PHILLIP L. BALDWIN
JADELYN T. BANIQUED
REBECCA G. BARRERA
MELVENA R. BARTON
[[Page 16588]]
GABRIEL M. BELTRAN
AMBER M. BIRKLE
BRIAN D. BLUMHAGEN
MELANIE R. BOWMAN
CHRISTINE BRANDT
RUTH J. BROWNE
REVENIA J. BUCK
LISA K. BUCKLES
MELANIE C. BUDNIK
ADAM R. CAMPBELL
MICHAEL A. CAMPBELL
KATHLEEN E. CASPER
JESSICA CHAVEZ
JESUS CHAVEZ
KATRINA L. CHEEK
SOCHARA CHUMNOEUR
SCOTT A. COLEMAN
JASON M. CRISP
JUDY L. CRUZ
RUBEN D. CRUZ
TANISHA L. CURRIE
EMILIE M. DANKO
ERNESTINA DELAPENAGUBA
TERRI L. DORN
KEDRICK A. DRAKES
DORIS F. DUALAN
JOCELYN A. EVBUOMWAN
GORDON L. FALVEY
JENNIFER C. FIANDT
CATRENA D. FINDLEY
DAVID R. FISHER
ANNEMARIE FLANIGAN
COURTNEY A. FOLDERAUER
KATINA M. FOXWORTH
ERICK D. GABRIEL
LAURA GALINDOYOUNG
JENNIFER L. GLEN
HIRAM GONZALEZ
ERICA K. GRANT
MONIQUE E. GRINNELL
TREVOR D. HALL
TRANESSIA M. HANSON
SEAN L. HARRIS
IAN K. HENNEBERGER
TINA L. HILL
RICHARD L. HOWARD
ANGELA S. HOWELL
ERIN M. JACKSON
NORISHA L. JACKSON
LESLEY M. JACOBS
KENNEATTA M. JASPER
MARGO S. JENKINS
MONIQUE S. JESIONOWSKI
CHRISTOPHER C. JOHNSON
LAKEISHA D. JONES
BROOKE L. KAHL
ARIELLE J. KALIN
PAUL H. L. KILEY
MARILYNN M. KNORR
KATIE H. KUZMA
SHARIKA D. LABRIE
JAMES LACOMBE
JAMES LAWHORN, JR.
HEATHER S. LEAL
TRACEY L. LEE
JESSICA E. LIETZ
STACY J. LOSEY
PHILIPP T. LUCKOWSKI
CHANTY M. MACKINS
ALEXIS MARTINEZSUAREZ
JOHN R. MCINERNEY
JOSE MEJIA
JERRY L. MOON
TANYA B. MOORE
JULES R. MYERS
ABISAI NEGRON
JAMIE L. NEUMANN
DANA NICHOLSON
THERESA J. NOWAK
MARIA E. ORTEGAARTACHE
ANDRE J. PACHO
VALARIE R. PALACIOS
SHANDEL L. PANNETON
CHARLES A. PAUL
TABATHA E. PEPIN
THORBJORN K. PERSSON
DEREK L. PIERCE
LYNAE D. PLACE
YURENA PRIETOCORUJO
JEFFREY L. QUAN
KRYSTAL J. RALL
NATHAN R. RAVE
CONSUELO N. REED
AUDREY N. RICHERT
ALICIA D. ROBINSON
JOSE A. RODRIGUEZ
YAMILLE P. ROPER
JOYCE A. ROSADOHUGHES
JOHN W. ROY
JACQUELINE M. RUSHTON
JAMES M. SCHALK
PATRICIA M. SCHMIDT
STEVE C. SCUBA
YVONNE R. SENDEJO
KELLY M. SHAMLIAN
PATRICK B. SIMON
ADINA M. SIPPEL
ALISHA L. SOMERO
ESTHER H. SOUTHERLAND
GENNA S. SPEED
KYLE A. STEVENS
LAURA A. STOGNER
JESSICA E. STONE
KIMBERLY L. SUGG
DEBRA L. THORN
ELIZABETH J. TRICOZZI
JORGE A. TRONCOSO
MARY A. G. UGADDAN
ELIZABETH B. VANDERHOOF
MARIELOS VEGA
YASSIR B. VIZCAYA
MARSHA G. WALKER
SHEMICA M. WARD
THOMAS M. WATERS
STEPHEN M. WATT
TIMOTHY C. WICAL, JR.
KELLI C. WILSON
JOHN R. WISDOM
JENNIFER J. WITT
JESSICA M. WOJCICKI
KEVIN T. WORTH
LESEAN A. WRIGHT
JONATHAN G. YOST
TIMOTHY R. YOURK
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY JUDGE ADVOCATE GENERAL'S
CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064:
To be major
KATHARINE M. E. ADAMS
KEVIN M. ADAMS
DAVID L. ADAMSON
CHRISTOPHER K. ANDERSON
BRIAN D. ANDES
DEIRDRE K. BAKER
KATHERINE R. BANNING
BRANDON R. BERGMANN
STEPHEN J. BISHOP
MICHELLE E. BORGNINO
MICHAEL G. BOTELHO
STEPHEN R. CINCOTTA
LANCE E. CLARK
GREGORY J. COSTELLO
FAITH R. COUTIER
CHRISTOPHER M. COY
PATRICK A. CROCKER
DONEL J. DAVIS
SHEROD L. DAVIS, SR.
KATHERINE T. DENEHY
JACK D. EINHORN
SEAN P. FITZGIBBON
DAVID L. FORD
MATTHEW L. FORST
KRISTEN M. FRICCHIONE
SAMUEL GABREMARIAM
MATTHEW C. GALLAGHER
MARK E. GARDNER
EMILY E. GEISINGER
DANIEL M. GOLDBERG
HOUSTON J. GOODELL
TRACY L. GREINERLEE
KURT S. P. GURKA
STACEY A. GUTHARTZ COHEN
JOHN B. HABERLAND
JACK R. HATFIELD II
TYLER J. HEIMANN
BENJAMIN W. HILLNER
LATISHA IRWIN
HANNAH E. KAUFMAN
ELINOR J. KIM
JAMES W. KITCHEN
MELVIN A. LEE
JANAE M. LEPIR
KURTIS S. MACIOROWSKI
JOHN H. MARK
JASON R. MARQUEZ
CYNTHIA MARSHALL
EVAN R. MATTHEWS
PHILIP C. MAXWELL
BRUCE L. MAYEAUX
JULIE A. MCCONNELL
MATTHEW T. MILLER
DANIEL B. MITCHELL
JASON W. MOY
WILLIAM J. OSTAN
ANGEL M. OVERGAARD
MAJELLA C. POPE
AUTUMN R. PORTER
SETH B. RITZMAN
SEAN D. ROGERS
KURT M. ROWLAND
JOHN K. SCHELLACK III
JOHN L. SCHRIVER
DANIEL W. SCIALPI
CRAIG M. SCROGHAM
CHRISTOPHER S. SEXTON
RICHARD J. SLEESMAN
ANDREW D. SMITH
STEPHEN P. SMITH
KATHERINE M. SPENCER
HEIDI M. STEELE
BRIAN J. SULLIVAN
BRENT W. THOMPSON
MICHAEL M. TOWNSEND
CARRIE L. WARD
BRITTANY R. WARREN
JULIE K. WATERS
DEVON A. R. WELLS
LAURA B. WEST
EDWARD J. WHITFORD
MATTHEW B. WILLIAMS
JAMES K. WOLKENSPERG
HANS P. ZELLER
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY JUDGE ADVOCATE GENERAL'S
CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064:
To be lieutenant colonel
ROBERT J. ABBOTT
BRIAN P. ADAMS
ELIZABETH F. ALLEN
ALAN APPLE
EDWARD G. BAHDI
MICHAEL P. BAILEYS
GREGORY B. BATDORFF
CHRISTIAN E. BEESE
EDWARD W. BERG
JOSHUA F. BERRY
CATHERINE M. A. BOWERY
CAROL A. BREWER
SUSAN A. CASTORINA
ELISABETH A. CLAUS
ALBERT G. COURIE III
JEFFREY S. DIETZ
CHRISTINE C. FONTENELLE
DERRICK W. GRACE
NJERI S. HANES
TODD J. HANKS
ERIC A. HETTINGA
JAMES T. HILL
ADAM S. KAZIN
TONY Y. KIM
KEVIN W. LANDTROOP
ROBERT M. LEONE
EDWARD C. LINNEWEBER
JOHN R. MALONEY
YOLANDA D. MCCRAYJONES
EVAH K. P. MCGINLEY
JOHN J. MERRIAM
DOUGLAS W. MOORE
JAMES W. NELSON
ROBERT B. NELSON
JENNIFER A. NEUHAUSER
ERIC D. NOBLE
JOHN M. RATLIFF
PIA W. ROGERS
FRANKLIN D. ROSENBLATT
ROBERT E. SAMUELSEN II
PHILIP M. STATEN
ALISON M. TULUD
ELIZABETH A. WALKER
MARC B. WASHBURN
HEIDI E. WEAVER
ERIC W. WIDMAR
WINSTON S. WILLIAMS, JR.
D011857
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be major
FRANCIS J. RACIOPPI, JR.
IN THE NAVY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
JUSTIN C. LEGG
____________________
CONFIRMATIONS
Executive nominations confirmed by the Senate December 3, 2014:
THE JUDICIARY
DAVID J. HALE, OF KENTUCKY, TO BE UNITED STATES DISTRICT
JUDGE FOR THE WESTERN DISTRICT OF KENTUCKY.
MARK A. KEARNEY, OF PENNSYLVANIA, TO BE UNITED STATES
DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA.
GERALD J. PAPPERT, OF PENNSYLVANIA, TO BE UNITED STATES
DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
P. DAVID LOPEZ, OF ARIZONA, TO BE GENERAL COUNSEL OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR A TERM OF FOUR
YEARS.
CHARLOTTE A. BURROWS, OF THE DISTRICT OF COLUMBIA, TO BE A
MEMBER OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR A
TERM EXPIRING JULY 1, 2019.
[[Page 16589]]
EXTENSIONS OF REMARKS
____________________
CONGRESSMAN RALPH REGULA'S 90TH BIRTHDAY TRIBUTE
______
HON. BOB GIBBS
of ohio
in the house of representatives
Wednesday, December 3, 2014
Mr. GIBBS. Mr. Speaker, I rise today to celebrate the 90th birthday
of former Representative, Ralph Regula.
Ralph Strauss Regula was born in Beach City, Ohio, on December 3,
1924. Prior to his election to Congress, Mr. Regula served in the
United States Navy, worked as a school teacher and principal in Stark
County schools, served on the Ohio State Board of Education and was a
member in both the Ohio State House and State Senate. In 1973, Mr.
Regula was elected to Congress and served 18 consecutive terms, until
his retirement in 2009.
During his tenure in Congress, Mr. Regula served as the Chairman of
the House Appropriations Subcommittee for Labor, Health and Human
Services, and Education, where he worked across party lines to improve
educational opportunities, workforce training programs and healthcare.
He was a passionate advocate for research and the advancement of
science.
Congressman Regula billed himself a ``regular'' guy. He was the son
of a dairy farmer and part of a high school graduating class of only
25, where he developed a strong work ethic and love of community. Ralph
loved serving here because he cared about people and helping improve
their quality of life. In this House he was a pragmatic leader willing
to find solutions to tough problems.
I have personally known Ralph for over three decades and have many
fond memories meeting with him both here and in Ohio as my Congressman.
Like many others I have learned so much from Congressman Regula over
the years. To that I say, Thank you!
Today, I ask my colleagues to join me in recognizing the great life
and career of Mr. Ralph Regula, wishing him a very happy 90th birthday.
____________________
ISRAEL AT THE UNITED NATIONS
______
HON. STEVE ISRAEL
of new york
in the house of representatives
Wednesday, December 3, 2014
Mr. ISRAEL. Mr. Speaker, I rise today to draw your attention to a
speech given last week by Israel's Ambassador to the United Nations,
Ron Prosor. Ambassador Prosor spoke passionately before the U.N.
General Assembly about the U.N.'s persistent anti-Israel agenda, which
continues to manifest itself in many forms such as special sessions,
formal inquiries, and one-sided resolutions that single out Israel. I
am proud of my steadfast support for the State of Israel and will
continue my work to combat the U.N.'s bias against our greatest ally. I
found Ambassador Prosor's words enlightening, and applaud him for
speaking the truth. I would now like to submit Ambassador Prosor's
speech.
Ambassador Ron Prosor at the United Nations General Assembly on
November 24, 2014
Ambassador Ron Prosor
``Mr. President,
I stand before the world as a proud representative of the
State of Israel and the Jewish people. I stand tall before
you knowing that truth and morality are on my side. And yet,
I stand here knowing that today in this Assembly, truth will
be turned on its head and morality cast aside.
The fact of the matter is that when members of the
international community speak about the Israeli-Palestinian
conflict, a fog descends to cloud all logic and moral
clarity. The result isn't realpolitik, it's surrealpolitik.
The world's unrelenting focus on the Israeli-Palestinian
conflict is an injustice to tens of millions of victims of
tyranny and terrorism in the Middle East. As we speak,
Yazidis, Bahai, Kurds, Christians and Muslims are being
executed and expelled by radical extremists at a rate of
1,000 people per month.
How many resolutions did you pass last week to address this
crisis? And how many special sessions did you call for? The
answer is zero. What does this say about international
concern for human life? Not much, but it speaks volumes about
the hypocrisy of the international community.
I stand before you to speak the truth. Of the 300 million
Arabs in the Middle East and North Africa, less than half a
percent are truly free--and they are all citizens of Israel.
Israeli Arabs are some of the most educated Arabs in the
world. They are our leading physicians and surgeons, they are
elected to our parliament, and they serve as judges on our
Supreme Court. Millions of men and women in the Middle East
would welcome these opportunities and freedoms.
Nonetheless, nation after nation, will stand at this podium
today and criticize Israel--the small island of democracy in
a region plagued by tyranny and oppression.
Mr. President,
Our conflict has never been about the establishment of a
Palestinian state. It has always been about the existence of
the Jewish state.
Sixty seven years ago this week, on November 29, 1947, the
United Nations voted to partition the land into a Jewish
state and an Arab state. Simple. The Jews said yes. The Arabs
said no. But they didn't just say no. Egypt, Jordan, Syria,
Iraq, Saudi Arabia and Lebanon launched a war of annihilation
against our newborn state.
This is the historical truth that the Arabs are trying to
distort. The Arabs' historic mistake continues to be felt--in
lives lost in war, lives lost to terrorism, and lives scarred
by the Arabs' narrow political interests.
According to the United Nations, about 700,000 Palestinians
were displaced in the war initiated by the Arabs themselves.
At the same time, some 850,000 Jews were forced to flee from
Arab countries.
Why is it, that 67 years later, the displacement of the
Jews has been completely forgotten by this institution while
the displacement of the Palestinians is the subject of an
annual debate?
The difference is that Israel did its utmost to integrate
the Jewish refugees into society. The Arabs did just the
opposite.
The worst oppression of the Palestinian people takes place
in Arab nations. In most of the Arab world, Palestinians are
denied citizenship and are aggressively discriminated
against. They are barred from owning land and prevented from
entering certain professions.
And yet none--not one--of these crimes are mentioned in the
resolutions before you.
If you were truly concerned about the plight of the
Palestinian people there would be one, just one, resolution
to address the thousands of Palestinians killed in Syria. And
if you were so truly concerned about the Palestinians there
would be at least one resolution to denounce the treatment of
Palestinians in Lebanese refugee camps.
But there isn't. The reason is that today's debate is not
about speaking for peace or speaking for the Palestinian
people--it is about speaking against Israel. It is nothing
but a hate and bashing festival against Israel.
Mr. President,
The European nations claim to stand for Liberte, Egalite,
Fraternite--freedom, equality, and brotherhood--but nothing
could be farther from the truth.
I often hear European leaders proclaim that Israel has the
right to exist in secure borders. That's very nice. But I
have to say--it makes about as much sense as me standing here
and proclaiming Sweden's right to exist in secure borders.
When it comes to matters of security, Israel learned the
hard way that we cannot rely on others--certainly not Europe.
In 1973, on Yom Kippur--the holiest day on the Jewish
calendar--the surrounding Arab nations launched an attack
against Israel. In the hours before the war began, Golda
Meir, our Prime Minister then, made the difficult decision
not to launch a preemptive strike. The Israeli Government
understood that if we launched a preemptive strike, we would
lose the support of the international community.
As the Arab armies advanced on every front, the situation
in Israel grew dire. Our casualty count was growing and we
were running dangerously low on weapons and ammunition. In
this, our hour of need, President Nixon and Secretary of
State Henry Kissinger, agreed to send Galaxy planes loaded
with tanks and ammunition to resupply our troops. The only
problem was that the Galaxy planes needed to refuel on route
to Israel.
The Arab States were closing in and our very existence was
threatened--and yet, Europe was not even willing to let the
planes refuel. The U.S. stepped in once again and negotiated
that the planes be allowed to refuel in the Azores. The
government and people of Israel will never forget that when
our
[[Page 16590]]
very existence was at stake, only one country came to our
aid--the United States of America.
Israel is tired of hollow promises from European leaders.
The Jewish people have a long memory. We will never ever
forget that you failed us in the 1940s. You failed us in
1973. And you are failing us again today.
Every European parliament that voted to prematurely and
unilaterally recognize a Palestinian state is giving the
Palestinians exactly what they want--statehood without peace.
By handing them a state on a silver platter, you are
rewarding unilateral actions and taking away any incentive
for the Palestinians to negotiate or compromise or renounce
violence. You are sending the message that the Palestinian
Authority can sit in a government with terrorists and incite
violence against Israel without paying any price.
The first E.U. member to officially recognize a Palestinian
state was Sweden. One has to wonder why the Swedish
Government was so anxious to take this step. When it comes to
other conflicts in our region, the Swedish Government calls
for direct negotiations between the parties--but for the
Palestinians, surprise, surprise, they roll out the red
carpet.
State Secretary Soder may think she is here to celebrate
her government's so-called historic recognition, when in
reality it's nothing more than a historic mistake.
The Swedish Government may host the Nobel Prize ceremony,
but there is nothing noble about their cynical political
campaign to appease the Arabs in order to get a seat on the
Security Council. Nations on the Security Council should have
sense, sensitivity, and sensibility. Well, the Swedish
Government has shown no sense, no sensitivity and no
sensibility. Just nonsense.
Israel learned the hard way that listening to the
international community can bring about devastating
consequences. In 2005, we unilaterally dismantled every
settlement and removed every citizen from the Gaza Strip. Did
this bring us any closer to peace? Not at all. It paved the
way for Iran to send its terrorist proxies to establish a
terror stronghold on our doorstep.
I can assure you that we won't make the same mistake again.
When it comes to our security, we cannot and will not rely on
others--Israel must be able to defend itself by itself.
Mr. President,
The State of Israel is the land of our forefathers--
Abraham, Isaac, and Jacob. It is the land where Moses led the
Jewish people, where David built his palace, where Solomon
built the Jewish Temple, and where Isaiah saw a vision of
eternal peace.
For thousands of years, Jews have lived continuously in the
land of Israel. We endured through the rise and fall of the
Assyrian, Babylonian, Greek and Roman Empires. And we endured
through thousands of years of persecution, expulsions and
crusades. The bond between the Jewish people and the Jewish
land is unbreakable.
Nothing can change one simple truth--Israel is our home and
Jerusalem is our eternal capital.
At the same time, we recognize that Jerusalem has special
meaning for other faiths. Under Israeli sovereignty, all
people--and I will repeat that, all people--regardless of
religion and nationality can visit the city's holy sites. And
we intend to keep it this way. The only ones trying to change
the status quo on the Temple Mount are Palestinian leaders.
President Abbas is telling his people that Jews are
contaminating the Temple Mount. He has called for days of
rage and urged Palestinians to prevent Jews from visiting the
Temple Mount using (quote) ``all means'' necessary. These
words are as irresponsible as they are unacceptable.
You don't have to be Catholic to visit the Vatican, you
don't have to be Jewish to visit the Western Wall, but some
Palestinians would like to see the day when only Muslims can
visit the Temple Mount.
You, the international community, are lending a hand to
extremists and fanatics. You, who preach tolerance and
religious freedom, should be ashamed. Israel will never let
this happen. We will make sure that the holy places remain
open to all people of all faiths for all time.
Mr. President,
No one wants peace more than Israel. No one needs to
explain the importance of peace to parents who have sent
their child to defend our homeland. No one knows the stakes
of success or failure better than we Israelis do. The people
of Israel have shed too many tears and buried too many sons
and daughters.
We are ready for peace, but we are not naive. Israel's
security is paramount. Only a strong and secure Israel can
achieve a comprehensive peace.
The past month should make it clear to anyone that Israel
has immediate and pressing security needs. In recent weeks,
Palestinian terrorists have shot and stabbed our citizens and
twice driven their cars into crowds of pedestrians. Just a
few days ago, terrorists armed with axes and a gun savagely
attacked Jewish worshipers during morning prayers. We have
reached the point when Israelis can't even find sanctuary
from terrorism in the sanctuary of a synagogue.
These attacks didn't emerge out of a vacuum. They are the
results of years of indoctrination and incitement. A Jewish
proverb teaches: ``The instruments of both death and life are
in the power of the tongue.''
As a Jew and as an Israeli, I know with utter certainty
that when our enemies say they want to attack us, they mean
it.
Hamas's genocidal charter calls for the destruction of
Israel and the murder of Jews worldwide. For years, Hamas and
other terrorist groups have sent suicide bombers into our
cities, launched rockets into our towns, and sent terrorists
to kidnap and murder our citizens.
And what about the Palestinian Authority? It is leading a
systemic campaign of incitement. In schools, children are
being taught that `Palestine' will stretch from the Jordan
River to the Mediterranean Sea. In mosques, religious leaders
are spreading vicious libels accusing Jews of destroying
Muslim holy sites. In sports stadiums, teams are named after
terrorists. And in newspapers, cartoons urge Palestinians to
commit terror attacks against Israelis.
Children in most of the world grow up watching cartoons of
Mickey Mouse singing and dancing. Palestinian children also
grow up watching Mickey Mouse, but on Palestinians national
television, a twisted figure dressed as Mickey Mouse dances
in an explosive belt and chants ``Death to America and death
to the Jews.''
I challenge you to stand up here today and do something
constructive for a change. Publically denounce the violence,
denounce the incitement, and denounce the culture of hate.
Most people believe that at its core, the conflict is a
battle between Jews and Arabs or Israelis and Palestinians.
They are wrong. The battle that we are witnessing is a battle
between those who sanctify life and those who celebrate
death.
Following the savage attack in a Jerusalem synagogue,
celebrations erupted in Palestinian towns and villages.
People were dancing in the street and distributing candy.
Young men posed with axes, loudspeakers at mosques called out
congratulations, and the terrorists were hailed as
``martyrs'' and ``heroes.''
This isn't the first time that we saw the Palestinians
celebrate the murder of innocent civilians. We saw them
rejoice after every terrorist attack on Israeli civilians and
they even took to the streets to celebrate the September 11
attack on the World Trade Center right here in New York City.
Imagine the type of state this society would produce. Does
the Middle East really need another terror-ocracy? Some
members of the international community are aiding and
abetting its creation.
Mr. President,
As we came into the United Nations, we passed the flags of
all 193 member States. If you take the time to count, you
will discover that there are 15 flags with a crescent and 25
flags with a cross. And then there is one flag with a Jewish
Star of David. Amidst all the nations of the world there is
one state--just one small nation state for the Jewish people.
And for some people, that is one too many.
As I stand before you today I am reminded of all the years
when Jewish people paid for the world's ignorance and
indifference in blood. Those days are no more.
We will never apologize for being a free and independent
people in our sovereign state. And we will never apologize
for defending ourselves.
To the nations that continue to allow prejudice to prevail
over truth, I say ``J'accuse.''
I accuse you of hypocrisy. I accuse you of duplicity.
I accuse you of lending legitimacy to those who seek to
destroy our State.
I accuse you of speaking about Israel's right of self-
defense in theory, but denying it in practice.
And I accuse you of demanding concessions from Israel, but
asking nothing of the Palestinians.
In the face of these offenses, the verdict is clear. You
are not for peace and you are not for the Palestinian people.
You are simply against Israel.
Members of the international community have a choice to
make.
You can recognize Israel as the nation-state of the Jewish
people, or permit the Palestinian leadership to deny our
history without consequence.
You can publically proclaim that the so-called ``claim of
return'' is a non-starter, or you can allow this claim to
remain the major obstacle to any peace agreement.
You can work to end Palestinian incitement, or stand by as
hatred and extremism take root for generations to come.
You can prematurely recognize a Palestinian state, or you
can encourage the Palestinian Authority to break its pact
with Hamas and return to direct negotiations.
The choice is yours. You can continue to steer the
Palestinians off course or pave the way to real and lasting
peace.
Thank you, Mr. President.''
[[Page 16591]]
____________________
TRIBUTE TO THE KENTUCKY COMMUNITIES ECONOMIC OPPORTUNITY COUNCIL
(KCEOC) COMMUNITY ACTION PARTNERSHIP
______
HON. HAROLD ROGERS
of kentucky
in the house of representatives
Wednesday, December 3, 2014
Mr. ROGERS of Kentucky. Mr. Speaker, I rise today to pay tribute to
the Kentucky Communities Economic Opportunity Council (KCEOC)--
Community Action Partnership in celebration of the agency's 50th
anniversary of service to the people of southeastern Kentucky.
As one of the first 23 agencies established in 1964 to address
poverty, KCEOC has raised the bar high, going above and beyond the call
of duty to provide greater opportunities for those in need. Thanks to a
group of local citizens who applied for a competitive grant opportunity
five decades ago, this organization has flourished into the multi-
million dollar service agency that it is today.
KCEOC has inspired people across our region to put compassion for our
neighbors into action. Through its programs and innovative responses to
dire needs in our impoverished communities, more families today have
access to child development programs, food resources, affordable
housing, and assistance with financial needs than ever before. This
agency has also been a critical partner for economic development, from
recruiting jobs to providing the infrastructure for new businesses. The
employees of KCEOC serve as great ambassadors for eastern Kentucky,
proving that we have a strong, dedicated workforce and an intricate
support community that believes in helping one another succeed.
Through the vision of leaders like Paul Dole, this agency has turned
community losses into gains. One of the greatest examples of those
efforts was the transformation of the old asbestos-plagued Corbin
Hospital into clean, state-of-the-art housing for senior citizens.
Winston Churchill once said that a pessimist sees difficulty in every
opportunity; an optimist sees the opportunity in every difficulty.
That's what KCEOC works to convey every single day by providing a hand-
up, rather than a hand out. They provide hope in an otherwise dark hour
for many families and I can't thank this agency enough for its efforts
day-in and day-out, letting our neighbors know that someone cares.
KCEOC has forged important partnerships with local schools, employers
and other community organizations to capitalize on the resources that
are abundant in our communities. Together, we have made great strides
in southeastern Kentucky, but we certainly wouldn't be where we are
today without the foundation that KCEOC has carefully crafted for
thousands of families in our region.
In celebration of this 50th anniversary, I ask my colleagues to join
me in applauding the work of the KCEOC Community Action Partnership in
southeastern Kentucky.
____________________
7TH ANNUAL LAKESHORE CLASSIC BASKETBALL TOURNAMENT
______
HON. PETER J. VISCLOSKY
of indiana
in the house of representatives
Wednesday, December 3, 2014
Mr. VISCLOSKY. Mr. Speaker, it is with great pleasure that I
recognize the Gary Chamber of Commerce as the organization celebrates
the 7th annual Lakeshore Classic basketball tournament. In honor of
this occasion, the Gary Chamber of Commerce hosted a celebratory event
in Gary, Indiana, which included a corporate luncheon held at the
Majestic Star Casino on Tuesday, November 25, and a basketball
tournament at West Side High School on Friday and Saturday, November 28
and 29.
Northwest Indiana has a rich history of sports and impressive team
players. The theme for this year's Lakeshore Classic is the ``Cavalcade
of Champions,'' saluting all of the region's state basketball champions
from 1940 to 2014. These exceptional players and coaches have made a
mark in the region's notable sporting history and are to be highly
commended. Along with these outstanding basketball teams, the Gary
Chamber chose a prominent featured speaker for their corporate
luncheon, Mr. Ulysses ``Junior'' Bridgeman, a former National
Basketball Association star and one of the most successful businessmen
in the United States. Alongside his extraordinary success, Mr.
Bridgeman has also proven to be a great model in transitioning from
professional sports to the business industry.
I would like to take this time to honor the region's state basketball
champions from 1940 to 2014. These teams have set the standard for
sports excellence in our region while creating an inspiring example for
the community of Northwest Indiana. The girls basketball teams include
East Chicago Roosevelt (1977), East Chicago Roosevelt (1979), Crown
Point High School (1984), Crown Point High School (1985), and Lake
Central High School (1994). The boys basketball teams include Hammond
Technical High School (1940), East Chicago Washington High School
(1960), Michigan City Elston High School (1966), Gary Roosevelt High
School (1968), East Chicago Roosevelt High School (1970), East Chicago
Washington High School (1971), Gary Roosevelt High School (1991), Gary
West Side High School (2002), East Chicago Central High School (2007),
Thea Bowman Academy (2010), Wheeler High School (2010), and Thea Bowman
Academy (2013).
Mr. Speaker, at this time, I ask you and my other distinguished
colleagues to join me in recognizing the Gary Chamber of Commerce, the
organizers and sponsors of the 7th annual Lakeshore Classic, and the
prestigious state champion teams that have been honored. Their
noteworthy commitment, leadership, and contributions have inspired
generations to come.
____________________
HONORING CHRISTOPHER CARSWELL
______
HON. JOHN B. LARSON
of connecticut
in the house of representatives
Wednesday, December 3, 2014
Mr. LARSON of Connecticut. Mr. Speaker, I wish today to honor
Christopher Carswell, an inspirational young man who has faced numerous
medical struggles with grace and poise and has used his experiences as
motivation to start his own non-profit organization, 1Boy4Change, when
he was only 13 years old. Today, he is 16 and has a story that we all
could learn a lesson from.
Throughout his decade and a half of life, Chris has suffered a tonsil
adenoid surgery that resulted in the need for a feeding tube, multiple
hand reconstructive surgeries, as well as a connective tissue disorder
that put him in a wheelchair for a time. Then, he started having
seizures that put him into respiratory/cardiac arrest as well as a
stroke which robbed him of the right half of his field of vision. But
through this long list of challenges, Chris has remained an upbeat
person and has dedicated himself to the service of others.
In 2010, Chris was matched up with Bronx, a service dog who became
his constant companion, ensuring he would never face what life threw at
him alone. Shortly after that, he started 1Boy4Change, with the mission
of raising awareness and providing support for individuals and families
with disabilities. In the early days of the organization, Chris helped
match up 70 service dogs to veterans and children.
Since then, he has expanded his mission to support others who have
also chosen to live a life of service: our soldiers and police
officers. In that capacity, Chris has started programs meant to help
out K9 units by providing them comprehensive first aid kits as well as
car heat alarms that can save the lives of dogs that are left in patrol
cars.
Chris is to undergo brain surgery in January, and his doctors are
hopeful that the procedure will stop his seizures. I hope all of my
colleagues in the House will join with me as we wish Chris a successful
operation and a speedy recovery so he can come back and continue the
good work he's doing.
____________________
TRIBUTE TO HONOR THE LIFE OF MARTIN LITTON
______
HON. ANNA G. ESHOO
of california
in the house of representatives
Wednesday, December 3, 2014
Ms. ESHOO. Mr. Speaker, I rise to honor the extraordinary life and
work of Martin Litton, a legendary and passionate environmentalist and
wilderness preservationist who died on November 30, 2014, at his home
in Portola Valley, California. Mr. Litton was born in Los Angeles on
February 13, 1917, and was 97 years of age when he died of age-related
causes.
Martin Litton was introduced early to the joys of the wilderness. He
attributed a 12-day trip on Mt. Whitney that he and a friend took
[[Page 16592]]
as teens as the inspiration for his lifelong crusade to protect our
environment. At age 18 he wrote a letter to the Los Angeles Times
urging Californians to save Mono Lake. Martin Litton was best known for
his fierce opposition to the destruction of the Colorado River by the
construction of dams, often in association with the Sierra Club. He was
one of the first several hundred people to float the river in 1955, and
after fourteen years as the travel editor at Sunset Magazine he began
running the river often, founding Grand Canyon Dories in 1970 and
running commercial trips through the 1970s and 1980s, until he sold the
business in 1988. He ran his last trip in 2004 at age 87, rowing his
own wooden dory.
Martin Litton was an author, activist, pilot, and a catalyst for
change. He was close to major figures in the environmental movement,
such as David Brower, Edward Abbey and others. Martin Litton gave
generously of his time and considerable talents to the conservation
movement as a Director of the Sierra Club from 1964 to 1973, as a
member of the Executive Committee of the American Land Conservancy, as
an Advisor to the Southern Utah Wilderness Alliance and on the Honorary
Board of Directors of the Glen Canyon Institute.
Martin Litton leaves his wife, Esther, his children John, Kathleen
and Helen, as well as five grandchildren and three great-grandchildren.
Mr. Speaker, I ask the entire House of Representatives to join me in
extending our most sincere condolences to Martin Litton's family, and
in honoring his extraordinarily productive life. Martin Litton was a
soaring figure, larger than life, with a magnificent voice, a powerful
presence, an all-consuming passion for the wilderness, and a passion to
preserve and protect the natural beauty of our nation.
____________________
HAMAS KILLS AGAIN
______
HON. TED POE
of texas
in the house of representatives
Wednesday, December 3, 2014
Mr. POE of Texas. Mr. Speaker, ``We love death more than the Jews
love life.'' This Hamas propaganda phrase says it all. International
outsiders cry ``peace, peace,'' but there can be no peace as long as
Hamas refuses to recognize Israel's right to exist. No matter how many
times leaders shake hands or how many agreements are signed, peace
cannot be achieved if peace is not desired. The only reason Israel
exists is because the Jews persist in surviving.
In the morning hours of November 18, a group of Orthodox Jews
gathered at a synagogue in Jerusalem to pray. In the middle of their
prayers, at 7 a.m., two terrorists wielding guns, axes, and butcher
knives attacked them. Odai Abu Jamal and his cousin, Ghassan Abu Jamal,
killed 4 rabbis and one police officer and injured 8 others before they
were shot by local police. Three of the four rabbis were American
citizens.
The men were members of the terrorist group known as the Popular
Front for Liberation of Palestine (PFLP). While the group itself did
not claim responsibility, it was quick to support the attack. Hamas,
another terrorist group bent on the destruction of Israel, not only
commended the attacks but called for more. Terrorist groups supporting
terrorist attacks does not surprise me. But Hamas is not your typical
terrorist group. It governs the entire Gaza Strip as a result of the
1.8 million Palestinians there voting them into power. And the reaction
from some of the people of Gaza to the attack shows that they share its
terrorist government's feelings. In the town of Rafah, the people
celebrated by handing out sweets, carrying axes, and holding up posters
of the terrorists. The religious elites joined in the celebration as
well: loudspeakers at mosques in Gaza called out congratulations.
Palestinian radio reports described the attackers as ``martyrs''.
Undoubtedly, the terrorists' family will receive compensation from the
government's ``terrorist fund'', which pays stipends to the families of
terrorists who are imprisoned or who died during their attacks.
When an elected government and the people it governs celebrate a
brutal terrorist attack, it is a reminder of the challenges Israel
faces as it works for peace in the region. For the last six years, this
White House has pressured the Israeli government to make concession
after concession for peace. The reaction of the people in Gaza to this
latest attack should wake the White House up to the unfortunate reality
that, no matter how many concessions Israel makes, many Palestinians do
not want peace if it means Israel continues to exist. Palestinian acts
of terrorism are not just a problem of a couple of lone rats or
individual terrorist groups, but they are supported by an entire
infrastructure throughout the Palestinian territories that has close
ties to the senior Palestinian leadership. Instead of repeatedly
twisting Israel's arm to make peace when peace can't be made, the
United States should stand strong with our democratic ally against
terrorists. The same attackers that want to destroy Israel also call
the United States the Great Satan. They want to kill Americans too, as
this latest attack that killed three Americans showed. Our first step
should be to cut the funding we give to the Palestinian Authority (PA)
until they take specific, verifiable, and significant acts to go after
those who commit acts of terrorism. At the very least, the PA needs to
stop paying reward money to the families of terrorists. Second, we
should make sure that our funding to Israel is strong and robust,
focused on ensuring Israel can beat back these terrorists. Finally, we
need to stop publicly and privately insulting Israel. Israel is the
only liberal democracy in the Middle East and one of our strongest
allies in the world.
The right response to a terrorist act is not words of condemnation
followed by continued pressure on the victims of terrorism. The right
response is recognizing the evil for what it is and countering it with
swift justice against the perpetrators and strong support for the
victims.
And that's just the way it is.
____________________
10TH ANNUAL NORTHWEST INDIANA INNOVATION INDUCTION CEREMONY
______
HON. PETER J. VISCLOSKY
of indiana
in the house of representatives
Wednesday, December 3, 2014
Mr. VISCLOSKY. Mr. Speaker, it is with great respect and enthusiasm
that I congratulate Ivy Tech Community College Northwest and its
regional partners, who recently celebrated their 10th Annual Northwest
Indiana Innovation Induction Ceremony. At the ceremony, which reflects
the ``Spirit of Innovation'' in Indiana, fifteen individuals and
fourteen teams were inducted as members of the 2014-2015 class of The
Society of Innovators of Northwest Indiana. Of these individuals,
several members were inducted as Society Fellows for their significant
efforts in innovation. These individuals are Scott Albanese, Robert
Coangelo, Robert Palumbo, Ph.D., Neeti Parashar, Ph.D., and Roger
Pradhan, Ph.D. William E. Nangle was honored as the Gerald I. Lamkin
Fellow for Innovation and Service, a special recognition named for the
President Emeritus of Ivy Tech College of Indiana. Also honored were
two Chanute Prize recipients, the BP ``One Global Team'' for the
Whiting Refinery Modernization Project and PCL Alverno. In addition, a
new team award designated ``Accelerating Greatness'' was presented for
the first time this year, and the recipients were James S. Markiewicz
Solar Energy Research Facility, Valparaiso University, and the
Northwest Indiana Regional Development Authority. For their truly
remarkable contributions to the community of Northwest Indiana and
their continuous efforts to cultivate a culture of innovation, these
honorees were inducted at the Horseshoe Casino in Hammond, Indiana, on
Thursday, October 16, 2014.
The Society of Innovators of Northwest Indiana was created by Ivy
Tech Northwest with the goal of highlighting and encouraging innovative
individuals and groups within the not-for-profit, public, and private
sectors, as well as building a ``culture of innovation'' in Northwest
Indiana. The importance of innovation in Northwest Indiana, as well as
globally, is crucial in today's ever-changing economy. Leading the
Northwest Region is Dr. Thomas G. Coley, Chancellor, Ivy Tech Community
College North West and North Central Regions.
The fellows selected by the Society of Innovators were chosen for
their significant innovative leadership and the impact of their
accomplishments throughout Northwest Indiana and beyond. Scott
Albanese, founder and chief executive officer of Albanese Confectionery
Group, Incorporated, in Merrillville, launched his business thirty
years ago. Today, the company generates over $100 million in sales and
its products can be found nationwide, as well as in nine other
countries. In addition, Scott invented the first gummy candy in the
world with a distinguishable flavor, which was previously deemed
impossible. Robert Coangelo is the founding farmer of Green Sense
Farms, which is the nation's largest indoor, commercial, vertical farm
and the largest user of Phillips LED grow lights. The organization
grows produce in a controlled environment that is free of pesticides,
herbicides, and
[[Page 16593]]
GMO seeds while distributing its products throughout the Midwest.
Robert Palumbo, Ph.D., professor and Alfred W. Sieving chair of
engineering, inspired the effort to build the nation's fifth solar
furnace at the College of Engineering at Valparaiso University, which
is utilized by undergrad students to explore new ideas in solar
research. Dr. Palumbo is now part of a ``pioneering'' team at the James
S. Markiewicz Solar Energy Research Facility. Neeti Parashar, Ph.D.,
spearheaded a High Energy Physics Team at Purdue University Calumet as
part of a large global collaboration to discover the Higgs-Boson
subatomic particle, which gave the Nobel Prize to Peter Higgs of the
United Kingdom and Francois Englert of Belgium. Roger Pradham, Ph.D.
played a key role in the development of new carbon steel products for
the automotive industry, and he is the leading developer of bake-
hardenable steels. Dr. Pradham received an AISI Gold Medal for his
research outlining the implementation of bake-hardenable steels at
Burns Harbor, and he currently holds four patents.
I am also honored to acknowledge William E. Nangle, executive editor
(ret.), The Times of Northwest Indiana, who was recognized as the
Gerald I. Lamkin Fellow for Outstanding Innovation & Service. In his
role, Mr. Nangle introduced the ``Munster Model,'' which provided the
community with in-depth local and neighborhood news while also covering
regional news. This model became a huge success in the journalism
industry and is utilized nationwide. In addition, Mr. Nangle brought
Indiana's seven largest newspapers together, producing statewide access
to public records. Under Mr. Nangle's direction, The Times of Northwest
Indiana became a national leader in its industry.
The recipients of the Chanute Prize for Team Innovation should be
commended for their contributions. The BP ``One Global Team'' for the
Whiting Refinery Modernization Project utilized a single team concept
on a world scale to conduct the largest and most complex refinery
construction project in BP history. PCL Alverno introduced total
microbiology automation, which revolutionized the delivery of results
to patients and physicians. PCL is the first to be designated as a
Seimen's Microbiology Innovation Center in the United States.
The Accelerating Greatness Award for Team Innovation included two
recipients. The James S. Markiewicz Solar Energy Research Facility,
located at Valparaiso University, houses the fifth solar furnace in the
United States and the world's only solar furnace primarily designed,
built, and used by undergrad students at an institution of higher
learning. The Northwest Indiana Regional Development Authority is a
regional organization that provides nearly $30 million annually in a
proven collaborative model to leverage failing assets into more than $1
billion in infrastructure and economic development.
Mr. Speaker, I ask you and my distinguished colleagues to join me in
commending these outstanding innovators. The contributions they have
made to society here in Northwest Indiana and worldwide are
immeasurable and lifelong. For their truly brilliant innovative ideas,
projects, and leadership, each recipient is worthy of the highest
commendation.
____________________
HONORING WILLIAM H. ``BILL'' DETRICK
______
HON. JOHN B. LARSON
of connecticut
in the house of representatives
Wednesday, December 3, 2014
Mr. LARSON of Connecticut. Mr. Speaker, I submit these remarks today
to honor William H. ``Bill'' Detrick, who passed away at the age of 87
on September 19, 2014. Bill Detrick was the long-time coach of the
Central Connecticut State University Basketball team, and after that
was the coach of Trinity College Golf team. He was everything that
embodies a passionate, tough, and tenacious coach and person. He taught
college sports until the age of 86, which is something that very few
can claim.
Throughout his 29 year tenure as the Central Connecticut basketball
coach, he won 468 games with two undefeated seasons out of 24 winning
seasons. He brought the program to six Division II NCAA tournaments and
ushered them into Division I basketball, where they remain today. The
standard and foundation set by his legacy at Central Connecticut will
continue on for the future of their athletic programs.
As a coach, one must assume the responsibility of developing younger
generations of people as students, athletes, and most of all as people.
Bill Detrick knew this as well as anyone and was able to impact the
lives of each of those he coached even to this day. He instilled the
same values in his three children and six grandchildren as he did his
players: Hard work and dedication to what you love will always prevail
in the end. Always go the extra mile in your endeavors. He preached
these kinds of lessons to his children and players in order to prepare
them not just for the game, but for their entire lives ahead.
A great example of his attitude in life came from a friend and golf
partner of many years, who said that Bill would never ride in a cart,
and always insisted on walking. Just a week before he passed away, he
walked nine holes at the age of 87. Always push yourself, even if it is
during a game of such relaxation such as golf.
Mr. Detrick is survived by his wife Barbara, three children, and six
grandchildren. I would like to extend my condolences to the family of
Mr. Detrick during this difficult time. I hope the Holiday season
reminds everyone in his life of the joyful memories that he brought,
and the importance of enjoying every moment they had together. Let us
all remember the values that William Detrick brought to everyone around
him, and try to implement them in our everyday lives in order to strive
to be the best people we can be.
____________________
DR. GUY ``MOJO'' LEWIS, DDS--MAKING TEXANS SMILE
______
HON. TED POE
of texas
in the house of representatives
Wednesday, December 3, 2014
Mr. POE of Texas. Mr. Speaker, when Dr. Guy ``Mojo'' Lewis walks into
a room, everyone knows it. With his larger-than-life stature and the
mystic of Texas legend Sam Houston, his commanding presence captures
attention. People can't help but smile when they see him, his presence
is contagious.
As a personal friend and fellow Abilene Christian University Alum, I
would like to congratulate this outstanding Texan for celebrating his
30th anniversary of practicing dentistry.
Dr. Lewis knew from early on that he wanted to be a dentist, never
wavering in his decision to make people smile. After graduating from
Abilene Christian University ('80), Dr. Lewis earned his Doctorate of
Dentistry from Baylor College of Dentistry.
In 1984, he became a founding member of the American Academy of
Cosmetic Dentistry (AACD), at a time when cosmetic dentistry was
beginning to emerge. He became the youngest cosmetic dentist to be
accredited by the AACD. Additionally, he is also a member of the Texas
Dental Association and the American Dental Association. He received a
fellowship in the International Academy for Dental Facial Esthetics.
Dr. Lewis continues to give back to the community and takes time to
guide aspiring dentists as well. Recognizing the important of
education, Dr. Lewis is an adjunct professor of dentistry at Baylor
College.
The legend that is Dr. Lewis is known far and wide. His extensive
knowledge of cosmetic dentistry and his incredible work ethic quickly
gained him respect from his colleagues in the dental profession. Over
his career, Dr. Lewis was routinely recognized for his expertise and
contributions to the dental community.
His list of credentials could fill a sports arena, literally. He is
the dentist of Olympic gold medal athletes, the Houston Astros, the
Houston Rockets and many more.
He was named a ``Top Doc'' for 7 consecutive years by H Texas
Magazine and was listed as a ``Super Dentist'' by Texas Monthly
Magazine for multiple years. In addition, Dr. Lewis was elected by a
group of his peers to be in the book Best Dentists in America.
In addition to his notable recognition for his work within the dental
community, Dr. Lewis has continued to serve on advisory boards of many
non-profit organizations and on the boards of several schools. I served
alongside him on the Abilene Christian University Board.
Our community has benefited greatly from the decades of service that
Dr. Lewis has devoted. Dr. Lewis and his staff continue to be involved
with Cypress-Woodlands Junior Forum, Be an Angel Fund, and Give Back a
Smile.
The list of this model citizen's accomplishments is impressive and
well-deserved, and it's no surprise that he's a Texan.
Dr. Lewis's service to his city, state and nation as well as his
faith will have an enduring positive impact.
A dedicated family man, Dr. Lewis has been married to his wife, Holly
for 33 years. Together, they are the proud parents of five children.
Firm believers in Christian education, Dr. Lewis sent his children to
Northland Christian School, the same school that my children attended,
and where we both served on the Board of Trustees.
His success can be attributed to his faith, happy attitude about life
and his career, and
[[Page 16594]]
his genuine compassion and care for his patients. Dr. Lewis, thank you
for your 30 years of service to our community and the State of Texas.
Another great, Texas legend we are proud to have among our neighbors.
To 30 more years of making people smile, thank you Dr. Guy ``Mojo''
Lewis.
And that's just the way it is.
____________________
CELEBRATING THE SAN FRANCISCO GIANTS' WORLD SERIES WIN
______
HON. NANCY PELOSI
of california
in the house of representatives
Wednesday, December 3, 2014
Ms. PELOSI. Mr. Speaker, as a longtime season ticket holder and proud
fan, I rise today to pay tribute to the 2014 World Series Champions,
the San Francisco Giants.
On October 29, 2014, our beloved Giants won San Francisco's third
championship in five years, defeating the Kansas City Royals in the
seventh game of a down-to-the-wire World Series.
The Giants' post-season performance was masterful, a shared victory
built on the shoulders of our entire team. The people of San Francisco
salute our champions--players, coaches and staff who carried forward
the banner of our city to seize the pennant and final victory. With
timely hitting and phenomenal pitching, the Giants rose from the Wild
Card to reclaim their position as baseball's champions.
In their hard-fought victory, the Giants have once again made us the
proudest city in baseball, and given fresh energy to the talk of a
rising dynasty on the Bay. Congratulations to all our `Stronger
Together' players, especially the members of the World Series roster:
Tim Hudson, Jake Peavy, Ryan Vogelsong, Jeremy Affeldt, Santiago
Casilla, Tim Lincecum, Javier Lopez, Yusmeiro Petit, Sergio Romo,
Hunter Strickland, Buster Posey, Jean Machi, Andrew Susac, Joaquin
Arias, Brandon Belt, Brandon Crawford, Matt Duffy, Joe Panik, Pablo
Sandoval, Gregor Blanco, Travis Ishikawa, Michael Morse, Hunter Pence,
Juan Perez and of course, our latest legend on the pitcher's mound,
NLCS and World Series MVP Madison Bumgarner.
Bumgarner's composure and phenomenal pitching silenced the bats of
the Kansas City Royals, and vaulted himself into the ranks of the
greatest playoff pitchers in history--pitching more innings in a single
post-season than anyone in history and securing the lowest World Series
ERA of any pitcher with at least 25 World Series innings pitched: only
one run allowed in three World Series.
In our march back to the championship, we were also grateful for our
gifted announcer, Renel Brooks-Moon, and talented English and Spanish-
language broadcasters: Duane Kuiper, Mike Krukow, Jon Miller, Dave
Flemming, Tito Fuentes and Erwin Higueros.
The Giants represented excellence from the field to the front office.
As San Francisco cherishes our latest victory, our gratitude extends as
well to the team's Chief Executive Officer Larry Baer, General Manager
Brian Sabean, Manager Bruce Bochy, and to the men and women of the
Giants' excellent staff. Their leadership and vision continue to
support and strengthen our team.
The heart and hard work of the Giants extend well beyond the baseball
diamond through the Giants Community Fund, which has donated more than
$18 million to vital community efforts. Under their auspices,
communities and non-profit organizations throughout Northern California
team with our champions to promote health and violence prevention,
youth fitness and recreation, education and literacy. And, as the
Junior Giants celebrate their 20th anniversary with more than 24,000
participants, we know there is perhaps no better gift we could have
received than the Commissioner's Trophy.
As we celebrate our latest championship and turn our eyes to future
World Series, we know that our team is blessed by the millions of
passionate and devoted San Francisco Giants fans in Northern
California, across the country, and around the world. We are proud fans
of a proud community. In pride, let us say once more say: Go Giants!
____________________
HISTORICAL RECORD OF FEDERAL MINIMUM WAGE AFFECTING AMERICAN SAMOA
______
HON. ENI F. H. FALEOMAVAEGA
of american samoa
in the house of representatives
Wednesday, December 3, 2014
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to include, for
historical purposes, information on the timeline regarding the federal
minimum wage issue affecting American Samoa as debated and discussed in
the U.S. Congress.
When the Democratic Party took control of both houses of
Congress following the 2006 elections, it promised to
increase the federal minimum wage to $7.25 per hour in its
``first 100 hours'' on the floor. On January 10, 2007, the
House passes H.R. 2, the Fair Minimum Wage Act of 2007, by a
vote of 315-116. CNMI was included in the bill and subject to
annual increases until the Territory reached a rate of $7.25
per hour. American Samoa was excluded from the bill, meaning
Special Industry Committees would continue to determine
increases in American Samoa. False media reports begin to
circulate suggesting Speaker Pelosi excluded American Samoa
from H.R. 2 because Congressman Eni Faleomavaega (EF) is a
Democrat, and because Del Monte is contributing to the
Speaker's campaign. The media also implies that the Fair
Labor Standards Act (FLSA) does not apply to American Samoa.
A campaign begins to make American Samoa subject to the $7.25
federal minimum wage standard.
On January 16, EF responds by informing the press and
Members of Congress that the FLSA has applied to American
Samoa since 1938 and that since 1956, under Section 5 and 8
of the FLSA, Special Industry Committees administered by the
Wage and Hour Division of the Department of Labor have
determined wage rates in American Samoa. EF asks for Special
Industry Committees to continue and for CNMI to be brought
under the Special Industry umbrella. EF also writes to
Senator Daniel Inouye, Senator Daniel Akaka and the following
Senators from the Senate Committee on Health, Education,
Labor and Pensions (HELP): Senator Lamar Alexander, Senator
Wayne Allard, Senator Jeff Bingaman, Senator Sherrod Brown,
Senator Richard Burr, Senator Hillary Clinton, Senator Tom
Coburn, Senator Chris Dodd, Senator Michael B. Enzi (Ranking
Member), Senator Judd Gregg, Senator Tom Harkin, Senator
Orrin Hatch, Senator Johnny Isakson, Senator Edward M.
Kennedy (Chairman), Senator Barbara Mikulski, Senator Lisa
Murkowski, Senator Patty Murray, Senator Barack Obama,
Senator Jack Reed, Senator Pat Roberts, and Senator Bernie
Sanders. EF also writes to Senate Majority Leader Harry Reid,
Rep. George Miller, Chairman, House Committee of Education
and the Workforce, Rep. Howard Buck McKeon, Ranking Member,
House Committee on Education and the Workforce, and Speaker
Pelosi. On January 18 and January 19, EF speaks out on the
House floor. On January 22, EF and Senator Inouye write
Senator Kennedy, Chairman of the Senate Committee on HELP, in
support of using Special Industry Committees to determine
wage rates for American Samoa and CNMI. On January 24, in an
attempt to make a stink about Democrats' minimum-wage and
territorial voting proposals, House Republicans take to the
Floor wearing white stickers of Charlie the Tuna with a
caption stating ``Something's Fishy!'' EF writes to Secretary
of the Interior Dirk Kempthorne. StarKist and Chicken of the
Sea write to EF. On January 30, the Senate passes wage bill.
On February 5, EF writes to conferees in support of
strengthening Special Industry Committees, including Chairman
Kennedy and Ranking Member Enzi of the Senate HELP Committee,
and Ranking Member Howard ``Buck'' McKeon and Chairman Miller
of the House Committee on Education and the Workforce. On
March 12, EF writes to Chairman Miller. On March 15, minimum
wage bill is attached to Emergency Iraq War Supplemental
bill. Republican Mark Kirk also offers an amendment to extend
federal minimum wage rates to American Samoa by $0.50 cents
per hour every year until the Territory reaches the mainland
rate of $7.25 per hour. Amendment is accepted by House
Appropriations Committee. On March 15, EF writes to Rep.
David Obey, Chairman of the House Committee on Appropriations
in opposition to the Kirk amendment. Obey promises that the
issue will be resolved during conference.
On May 11, EF writes to Chairman Miller offering compromise
amendment to the Kirk proposal in which workers would be
provided a one-time increase of $0.50 cents per hour and the
U.S. Department of Labor would be empowered to determine
future increases, though Special Industry Committees would be
abolished. EF writes to Speaker Pelosi, Senate Majority
Leader Harry Reid, Senator Inouye, Senator Akaka, and Senator
Bingaman, Chairman of the Senate Committee on Energy and
Natural Resources. EF also writes to Del Monte CEO Richard
Wolford, forwarding copy of letter and amendment to House and
Senate. EF writes to Chicken of the Sea CEO John Signorino
and Del Monte CEO Richard Wolford to set the record straight
about comments made by Del Monte's Executive Vice President
regarding EF's position on minimum wage. On May 18, EF,
Senator Inouye, Senator Bingaman, Senator Akaka and Rep.
Donna Christensen write to Chairman David Obey and Ranking
Member Jerry Lewis of the House Committee
[[Page 16595]]
on Appropriations and Chairman Robert Byrd and Ranking Member
Thad Cochran of the Senate Committee on Appropriations urging
support of EF's amendment but with an initial increase of
$0.35 cents per hour. On May 21, Del Monte CEO Richard
Wolford writes to EF in support of his EF's efforts in
Congress to resolve the challenges regarding the impact of
increased wages on tuna cannery operations in American Samoa.
On May 25, conferees do not accept the proposal but do agree
to include EF language calling upon the U.S. Department of
Labor to conduct a study to determine impact of future
increases. Wage hike with automatic escalator clauses is
included in the Iraq War supplemental spending bill and
President George W. Bush signs it into law on May 25. The
first wage increase occurs on June 24.
On June 6, EF writes to Rep. Christensen, Chair of the
House Natural Resources Subcommittee on Insular Affairs
requesting an oversight hearing on the impact of the federal
minimum wage legislation. EF copies his letter to Governor
and Legislature. On June 11, Chicken of the Sea President
John Signorino writes to EF, enclosing copy of letter COS
Senior Vice President Jim Davet wrote to Del Monte and copied
to Governor Togiola. On June 21, EF writes to Thai Union
President Thiraphong Chansiri and copies his letter to
Senator Inouye, Governor Togiola, Lieutenant Governor Sunia,
ASG Legislature, COS President John Signorino, and COS Vice
President of Operations Jim Davet. EF responds to Davet's
comments and requests meeting with Thai Union President
Chansiri. Mr. Chansiri agrees to meet. The same day, EF
writes to COS President John Signorino and sets the record
straight about Mr. Davet's comments. EF encloses a copy of
his letter to Chairwoman Christensen as well as his letter to
Thai Union President Thiraphong Chansiri. EF also writes to
Del Monte CEO Richard Wolford and encloses a copy of his
letter to Rep. Christensen requesting a hearing as soon as
possible. EF writes to Governor Togiola informing him that he
will meet be meeting with StarKist, Chicken of the Sea, Del
Monte, Thai Union and boat owners in San Diego, California
regarding the impact of federal minimum wage law. EF also
informs Governor that he will be meeting with Thai Union
President Thiraphong Chansiri on July 1. EF copies his letter
to Senator Inouye, Lieutenant Governor, and the American
Samoa Legislature.
On July 1, EF meets with Thai Union President Thiraphong
Chansiri in Bangkok, Thailand. On July 24, EF meets with U.S.
Department of Labor officials, including Dr. Ronald Baird,
Chief Economist from the Office of the Assistant Secretary
for Policy, who is tasked to undertake the study mandated by
Congress to determine impact of minimum wage increases. On
July 25, EF writes to Secretary of the Interior Dirk
Kempthorne regarding his meeting with the U.S. Department of
Labor and requesting support in assisting ASG and CNMI
officials in how to collect the necessary data needed to make
determinations about both economies.
On January 25, 2008, U.S. Department of Labor (DOL)
releases it report. On January 29, EF introduces H.R. 5154 to
condition further increases in minimum wage on a
determination by the Secretary of Labor. EF writes to
Governor Togiola and provides him with a copy of the DOL
report and informs him that he has introduced H.R. 5154. EF
copies Senator Inouye, U.S. Secretary of the Interior,
Lieutenant Governor, ASG Legislature. On February 12, EF
writes to Paramount Chief Mauga regarding field hearing to be
held in American Samoa regarding impact of minimum wage
increases. On February 14, EF writes to Chairman Miller
regarding H.R. 5154 and thanking him for sending 2
professional staff members to field hearing scheduled to be
held in American Samoa on February 22. On February 22, Rep.
Christensen, Chair of the House Natural Resources
Subcommittee on Insular Affairs, holds field hearing in
American Samoa at EF's request regarding impact of federal
minimum wage increases on American Samoa's economy. EF
testifies before the House Resources Subcommittee on Insular
Affairs. On February 28, EF testifies before the Senate
Committee on Energy and Natural Resources regarding the
Impact of the Recently Increased Minimum Wage in American
Samoa.
On March 14, Chairman Miller writes to EF and raises
concerns about DOL. The same day, EF, Senator Inouye, Senator
Akaka, Senator Bingaman write to Chairman Robert C. Byrd and
Ranking Member Thad Cochran of the Senate Committee on
Appropriations requesting delays in minimum wage. On March
31, Secretary of the Interior to Dirk Kempthorne writes to EF
offering support. On April 3, EF writes to Senator Inouye
thanking him for agreeing to offer an amendment based on H.R.
5154 to delay minimum wage increases and to review further
increases. EF also writes to Senator Bingaman and Senator
Akaka. On April 18, EF writes to Senate Majority Leader Harry
Reid. On April 20, EF writes to Senator Orrin Hatch. On April
22, EF and Governor Fitial write to Senator Kennedy, Senator
Inouye, Senator Bingaman, and Senator Akaka. EF and Governor
Fitial also write to Chairman Miller. On April 24, EF and
Governor Fitial write to House Majority Leader Steny Hoyer.
On May 13, EF and CAPAC members Rep. Mike Honda, Rep. Joseph
Crowley, Rep. Christensen, Rep. Albio Sires, Rep. Solomon
Ortiz, Rep. Nydia Velazquez, Rep. Bennie Thompson, Rep. Neil
Abercrombie, Rep. Al Green, Rep. Luis Gutierrez, Rep. Joe
Baca, Rep. Mazie Hirono, and Rep. Hank Johnson write to
Senate Majority Leader Harry Reid, Speaker Nancy Pelosi,
House Majority Leader Steny Hoyer, Chairman David Obey of the
House Appropriations Committee, Chairman Norm Dicks of the
Interior Appropriations Committee, Chairman Miller of the
Education and Workforce Committee, Chairman Kennedy of the
Senate HELP Committee, Senator Inouye, Senator Akaka, and
Chairman Bingaman of the Senate Committee on Energy and
Natural Resources requesting support for delays. On May 21,
Senate passes language in the Emergency Supplemental to
conduct new GAO study. On May 30, the 2nd minimum wage
increase goes into effect. On July 31, EF, Chairman Rahall of
the House Committee on Natural Resources and Rep. Christensen
write to U.S. Secretary of the Interior Dirk Kempthorne
requesting technical assistance funds to conduct
comprehensive economic study of American Samoa. On November
25, EF writes to StarKist regarding announcement to lay off
workers and copies Senator Inouye, Governor Togiola and
Chairman Kim Jae-Chul of the Dongwon Group.
On January 28, 2009, EF writes to Chairman Miller
requesting delays in further increases. On January 30, EF
meets with Senator Inouye and thanks him for agreeing to
include language in H.R. 1, the American Reinvestment and
Recovery Act (ARRA) that would require the GAO to conduct a
new study by April 15, 2010. On February 17, H.R. 1 is signed
into law with 3rd wage increase to go forward and a mandate
for a new GAO report to be released by April 2010. On
February 19, EF writes to Governor Togiola, President of the
Senate Gaoteote, Speaker Savali and asks them to join him in
sending a letter to Chairman Miller requesting a deferment of
the 3rd increase until GAO has time to complete its study. On
February 23, EF holds meeting in his DC office with Governor
Togiola and Governor Fitial for purposes of drafting a letter
and sending a unified message to Congress and the
Administration regarding the need to delay minimum wage. On
February 24, EF, Governor Togiola and Governor Fitial deliver
their letter to U.S. Secretary of the Interior Ken Salazar
during meeting of Interagency Group on Insular Affairs
(IGIA). On May 7, EF writes to Governor Togiola regarding COS
closure and copies letter to American Samoa Legislature. On
May 30, the 3rd minimum wage increase goes into effect. On
July 24, EF responds to ASG petition to President Obama. On
December 14, House and Senate agree to EF's request to
postpone 4th increase from May 2010 to September 2010 to give
Congress time to act on the GAO study.
On April 8, 2010, GAO releases new study on the impact of
minimum wage hikes in American Samoa and CNMI. On April 30,
EF thanks Chairman Miller for agreeing to his request to
modify minimum wage law based on findings of GAO and copies
Senator Inouye, Chairman Nick Rahall of the House Committee
on Natural Resources, U.S. Secretary of the Interior Ken
Salazar, Governor Togiola, and the American Samoa
Legislature. On May 5, EF forwards Senator Inouye copy of
letter to Chairman Miller. On May 12, Senator Inouye thanks
EF for copy and assures him of support in Senate. On June 12,
EF and Rep. Sablan of CNMI write to Senator Inouye, Chairman
of the Senate Appropriations Committee, and include language
approved by Chairman Miller that would halt minimum wage
increases in American Samoa for 2010 and 2011 and for CNMI
for 2011 based on GAO report, and asking for inclusion in any
legislative vehicle that might be moving. EF and Rep. Sablan
also write to Senator Tom Harkin, Chairman of the Senate HELP
Committee, Senator Bingaman, Chairman of Senate Committee on
Energy and Natural Resources, and Chairman David Obey of the
House Committee on Appropriations. On July 27, Senator
Bingaman and Senator Murkowski agree to include EF and Sablan
language in H.R. 934, a CNMI bill already passed by the
House, which is hotlined for Unanimous Consent (UC) in the
Senate. Bill clears Democratic hotline. Republican hold
placed on CNMI provision relating to submerged lands. Rep.
Sablan would not agree to take out his submerged lands
provision. In response, Senator Bingaman and Senator
Murkowski agree to include EF and Sablan minimum wage
language in H.R. 3940, a Guam bill already passed by the
House, which is hotlined for Unanimous Consent in the Senate.
On August 3, EF writes to Senator Bingaman thanking him for
agreeing to include minimum wage language in H.R. 3940. EF
writes to Senator Murkowski thanking her for support. On
August 6, EF provides updates informing public that H.R. 3940
has cleared Democratic holds but Republicans did not have
time enough to review before August recess.
On September 14, House returns from District work period.
UC process begins again. Senator Bingaman and Senator
Murkowski's committee staff inform EF and Sablan that
[[Page 16596]]
Democrats have cleared H.R. 3940 for UC. On September 16, at
4 pm, Republican cloakroom informs Democrats that 2 holds
have been placed including one by Senator DeMint (R-SC).
Senate ends business for the day and does not go in Session
on Friday. On September 18, Saturday night, Senator Bingaman
and Senator Murkowski's staff inform EF and Sablan that there
is nothing they can do to overcome Senator DeMint's hold. On
September 20, EF's office contacts Senator DeMint's Chief of
Staff at 10:29 am. At 11:52 am, Senator DeMint's Chief of
Staff responds stating he has forwarded EF information and
comments to policy staff for review. On September 21, at
11:28 am, Senator DeMint's staff informs EF office that
Senator DeMint will agree to let minimum wage section pass,
but expresses concerns about Guam provision. EF office
informs Rep. Bordallo's office of concerns raised about Guam.
Rep. Bordallo's office begins process of working out
compromise regarding Guam provisions. On September 27, at
4:36 pm, Rep. Bordallo's office and Sen DeMint's office reach
agreement on new language regarding Guam provision. On
September 28, at 9:45 am, Senator DeMint's office informs
Republican cloakroom that he has released his hold on H.R.
3940 pending the change in language regarding the Guam
provision. Change is made and H.R. 3940 is hot-lined again.
At 1:36 pm, Democrats begin hotline process. At 3:48 pm,
Democratic staff informs EF and Sablan that Senator Coburn is
raising questions but Senator Murkowski's staff is trying to
resolve his concerns. At 4:13 pm, EF speaks with Senator
Majority Leader Harry Reid asking that bill be placed on
floor for DC once it clears the Democratic and Republican
cloakrooms. However, Senator Murkowski's staff is unable to
clear Senator Coburn's hold. At 4:42 pm, EF office contacts
Senator McCain's office asking for help to release Senator
Coburn's hold. Senator McCain's office agrees. At 5:17 pm, EF
office phones Senator Coburn's office. At 6:03 pm, Senator
Coburn's office informs EF's office that Senator Coburn has
agreed to release his hold. At 6:09 pm, Senator McCain's
office also informs EF office that Senator Coburn has agreed
to release his hold. Senate passes H.R. 3940 by DC. At 10:28
pm, EF sends letter to Speaker of the House Nancy Pelosi,
House Majority leader Steny Hoyer, Chairman Miller of the
House and Committee on Education and Labor, Leader and
Chairman Nick Rahall of the House Committee on Natural
Resources requesting that H.R. 3940 be brought to the House
floor for immediate passage.
On September 29, at 8:05 am, EF office phones House
Majority Leader Steny Hoyer's Chief of Staff again requesting
that H.R. 3940 be brought to Floor for passage. ML Hoyer's
office states that Republican Leadership must be on board. At
10:33 am, EF office contacts Republican Leader John Boehner's
Chief of Staff, Republican Whip Eric Cantor's Chief of Staff,
Republican Staff Director for Ranking Member John Kline of
the House Committee on Education and Labor, and Republican
Staff Director for Ranking Member Doc Hastings of the House
Committee on Natural Resources, providing copy of EF letter
to Republican leadership. At 10:38 am, EF office contacts
Rep. Flake (R-AZ), member of the Resources Committee and LDS
Member of Church, requesting help in getting support from
Republicans, including Ranking Member Doc Hastings of the
Natural Resources Committee. At 10:39 am, Rep. Flake's office
informs EF office that message will be forwarded to Rep.
Flake. At 12:08 pm, Rep. Flake sends message saying he will
speak to Ranking Member Doc Hastings of Natural Resources
Committee. At 12:31 pm, Republican Leader John Boehner's
Chief of Staff responds thanking EF office for bringing this
to his attention and stating that they will respond
appropriately base on conversations with their two Ranking
Members. At 12:30 pm, EF speaks to Ranking Member Doc
Hastings on House floor, and also Rep. Flake who has also
spoken to Ranking Member Hastings. Ranking Member Hastings
and Ranking Member John Kline of the Education and Labor
Committee agree to let bill go to the Floor by suspension. At
12:38 pm, EF office informs Majority Leader Hoyer's office
that Republicans will agree to let the bill be brought to the
House floor by suspension instead of UC, meaning a voice vote
will be requested and that the measure must win by a vote of
290. At 5:18 pm, ML Hoyer's office agrees to put bill on
House floor. ML Hoyer calls EF. At 8:52 pm, EF office begins
providing Samoa News with regular updates.
On September 30, at 12:19 am, EF office informs Samoa News
that vote is taking place. At 12:27 am, EF issues press
release stating bill passes House by a vote of 386 to 5. At
12:31 am, EF office emails White House requesting assistance
to get bill on President's desk for signature. At 8:00 am,
White House emails EF office thanking EF for flagging the
bill for signature. At 8:36 am, EF office contacts Majority
Leader Hoyer's Chief of Staff requesting assistance to get
the bill from the House to the White House. At 8:40 am, ML
Hoyer's COS states he is working it. At 10:58 am, Majority
Leader Hoyer's Chief of Staff informs EF office that he has
taken the bill to the Clerk's office and that it is at the
Parliamentarian's office awaiting clearance, then it goes to
Speaker Pelosi, then to the Senate, then to the President of
the United States for signature. At 5:06 pm, White House
informs EF that President has signed H.R. 3940. At 5:09 pm,
EF office informs Samoa News bill has been signed. Samoa News
issues breaking news flash. At 5:38 pm, EF issues press
release announcing that bill has been signed into law.
____________________
FRAN BAKER
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Wednesday, December 3, 2014
Mr. PERLMUTTER. Mr. Speaker, I rise today to recognize and applaud
Fran Baker for her tireless dedication and love for the community in
Jefferson County.
As the founder and Executive Director of the Gold Crown Enrichment
Program, a free program that serves 400 kids per year which focuses on
art and technology, Fran has raised over $350,000 each year to keep the
program running for free. Under Fran's direction, Gold Crown Enrichment
was awarded licensing for an international after school program, The
Computer Clubhouse, part of a global network of tech based after school
programs. While dedicating herself full time to this program, she does
not take home a paycheck. In addition to being a full-time volunteer
for Gold Crown, she also works in Jefferson County for other causes
that support children.
For nine years, Fran worked as a Title One Reading Teacher and
Literacy Coach in Jefferson County. Fran has received the Jefferson
Foundation Community Service Award and was named Channel 7's Everyday
Hero.
I extend my deepest appreciation and congratulations to Fran for her
positive impact in Jefferson County and for the numerous kids she has
and continues to support.
____________________
ON THE OCCASION OF THE FIFTIETH ANNIVERSARY OF GOLDEN OPPORTUNITY CLUB
OF PONTIAC, MICHIGAN
______
HON. GARY C. PETERS
of michigan
in the house of representatives
Wednesday, December 3, 2014
Mr. PETERS of Michigan. Mr. Speaker, I rise today to celebrate the
50th Anniversary of the Golden Opportunity Club, which was established
as a venue for senior citizens in the Greater Pontiac community to
connect and learn. Founded with the philosophy that increasing age does
not need to impact an individual's quality of life, the Golden
Opportunity Club is a community organization that directly engages
senior citizens in the City of Pontiac to support a wide variety of
activities that keeps them both mentally and physically active.
Founded in October 1964, the Golden Opportunity Club first met at the
Lakeside Homes Center in Pontiac with ten original members in
attendance. Its supervisor, Mrs. Johnson, immediately recognized the
club's unique potential and engaged in efforts to expand its reach
within the community. After much debate, she came up with the club's
signature name under the presidency of Mrs. Annie Thompson. Two
locations and thirteen presidents later, the thriving Golden
Opportunity Club is now comprised of 400 members.
To carry out its mission, the club arranges activities and events for
all people aged fifty-six and up. Club members participate in
recreational gatherings including: trips, picnics and parties. In
addition, the club offers its members a forum to use their compassion
and desire to others by participating in charitable events to support
their community. The Golden Opportunity Club also reaches out to ill,
hospitalized and homebound members by providing financial and emotional
support to them and their families.
Under the leadership of its current president, Carolyn Price, the
Golden Opportunity Club has continued to stay focused on its mission of
engaging seniors in activities that encourage civic activism and
promote an active lifestyle. Recently, the Golden Opportunity Club has
allied with Community Network Services and other organizations to
ensure that their charitable contributions are benefiting the
community. The funds that the Golden Opportunity Club raises through
its events are used to make a significant impact on the residents of
Pontiac. Specifically, the Golden Opportunity Club uses some of these
funds to award annual scholarships to graduating high school seniors,
as well as an annual contribution to the God U-C Youth Group, which is
committed to inspiring and enriching the lives of youth in Pontiac. In
conjunction with annual
[[Page 16597]]
donations, the Golden Opportunity Club is committed to improving
Pontiac as it continues to grow and develop. This past year it made
significant contributions to Coats for Kids, and the WHRC Elementary
School when its roof caved in.
Mr. Speaker, I ask my colleagues to join me in recognizing the
remarkable impact the Golden Opportunity Club has made over the last 50
years on the lives of senior citizens in the City of Pontiac. As more
and more members of the Baby Boomer generation become seniors, the
health and happiness of senior citizens will become increasingly
important to sustain robust communities. The Golden Opportunity Club is
vital to this work in the Pontiac community. I congratulate the Golden
Opportunity Club on its many achievements and wish its members
continued success in fulfilling their mission and encouraging the
spirit and vitality of Pontiac's seniors.
____________________
CELEBRATING THE 25TH ANNIVERSARY OF THE HISPANIC-AMERICAN CHAMBER OF
COMMERCE
______
HON. RODNEY P. FRELINGHUYSEN
of new jersey
in the house of representatives
Wednesday, December 3, 2014
Mr. FRELINGHUYSEN. Mr. Speaker, I rise today to honor the Morris
County Hispanic-American Chamber of Commerce, located in Morristown,
New Jersey as it celebrates its 25th Anniversary.
The Morris County Hispanic-American Chamber of Commerce is a not-for-
profit organization, whose purpose is to serve the growing market needs
of the U.S. Hispanic-American businesses and residential communities,
specific to Morris County and adjacent areas.
In the summer of 1989, Esperanza Porras-Field, John Sanchez, and
Neyla Porras Moreno founded the Morris County Hispanic-American Chamber
of Commerce. The three founding members began an organization with the
mission to ``advocate, promote, and advance the interests of business
owners, professionals, organizations and corporations within Morris
County and the adjacent areas that target and serve the U.S. Hispanic-
American market.'' Since then, the Hispanic-American Chamber of
Commerce has helped to foster the prosperity not only of the Hispanic
community, but of Morris County as a whole. Both Esperanza Porras-Field
and John Sanchez remain active members of the chamber, while Neyla
Porras de Moreno remains an active member of another Hispanic Chamber.
Esperanza Porras-Field, a founding member, current president and CEO
of the Chamber, is stepping down after years of distinguished service.
She has shown her dedication to promoting the welfare of the community
in founding several more Chambers of Commerce and facilitating their
development. Her involvement extends beyond Morris County to an
international scale, where she is on the Advisory Board for the
Hispanic Chamber of Commerce in Toronto. Over the years her experience
and guidance have been a major factor in the success of the Chamber,
and her leadership will be missed.
Throughout the past 25 years, the chamber has continuously been
recognized as one of the Best Chambers in the Northeast, within Region
V, by the United States Hispanic Chamber of Commerce. In 2007, the
chamber was declared the Best National Medium Hispanic Chamber, and
received the award again in 2014. At the 2014 United States Hispanic
Chamber of Commerce Convention, the Morris County Hispanic-American
Chamber of Commerce signed a Memorandum of Agreement with the Toronto
Hispanic Chamber of Commerce to provide mutual membership in each
other's respective chamber and host cross-border events with their
Canadian friends in order to promote international trade.
With over 350 members, the chamber offers over 20 annual events
purposed to further growth and success. These events include networking
and social events, fundraising, business incubation, business card
exchanges, procurement opportunities, training, and seminars.
Mr. Speaker, I ask you and my colleagues to join me in celebrating
the 25th Anniversary of the Morris County Hispanic-American Chamber of
Commerce.
____________________
OUR UNCONSCIONABLE NATIONAL DEBT
______
HON. MIKE COFFMAN
of colorado
in the house of representatives
Wednesday, December 3, 2014
Mr. COFFMAN. Mr. Speaker, on January 20, 2009, the day President
Obama took office, the national debt was $10,626,877,048,913.08.
Today, it is $17,988,139,701,976.27. We've added
$7,361,262,653,063.19 to our debt in 5 years. This is over $7.3
trillion in debt our nation, our economy, and our children could have
avoided with a balanced budget amendment.
____________________
CELEBRATING THE 90TH BIRTHDAY OF HARLEM RENAISSANCE POET LAUREATE JAMES
BALDWIN
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Wednesday, December 3, 2014
Mr. RANGEL. Mr. Speaker, it is with great admiration that I rise
today to join all of the people in the village of Harlem and my
Congressional District to pay tribute to Mr. James Baldwin, a legendary
writer who broke new literary ground by exploring racial and social
issues embedded in American history.
On Saturday, August 2, 2014, the Greater Harlem Chamber of Commerce,
the Harlem Arts Alliance, the New Heritage Theatre Group, Columbia
University School of the Arts, The National Black Theater, Street
Corner Resources, Harlem Renaissance High School, and HARLEM WEEK, Inc.
joined elected officials, community board members, residents, and poet
laureates to recognize August 2nd as James Baldwin Day in celebration
of his 90th birthday. Among the many tributes, the marquee of the
famous Apollo Theater read ``Happy 90th Birthday James Baldwin.'' Above
all, a portion of East 128th Street, between Fifth Avenue and Madison
Avenue, where he once lived was renamed ``James Baldwin Way''.
Mr. Baldwin was born to Emma Jones, a single mother, on August 2,
1924 in Harlem, New York. While he never met his biological father, Mr.
Baldwin did have a father figure growing up, Baptist Minister David
Baldwin. The preacher's religious influence had a lasting impression on
James and his writings. The language of the church shaped the cadences
and tones of his work, becoming unmistakable hallmarks of his literary
style. He would go on to spend three years as a youth minister.
After striking out on his own and moving away from home, Mr. Baldwin
published short stories in national periodicals under the tutelage of
his mentor, Beauford Delaney, a renowned Harlem Renaissance painter.
Disillusioned by the growing bigotry towards African-Americans and the
gay community, Baldwin left our country and settled in France at the
age of 24. He found that the distance gave him enough space to reflect
on his experience as a black man in white America. Please allow me to
quote Mr. Baldwin's later thoughts on this dramatic change in his life:
``Once I found myself on the other side of the ocean, I saw where I
came from very clearly . . . I am the grandson of a slave, and I am a
writer. I must deal with both.'' Through his writing, Baldwin was
forced to confront this enlightening reality.
While he spent much of his life abroad, Baldwin was recognized as a
quintessential American writer. In 1953, Baldwin published his first
novel, a semi autobiography called Go Tell It on the Mountain, which
explores the repression, moral hypocrisy, religious inspiration, and
community ties that characterized the Black American experience. His
two collections of essays, Notes of a Native Son (1955) and Nobody
Knows My Name (1961), as well as his two novels, Giovanni's Room (1956)
and Another Country (1962), were immediate bestsellers. The works
Baldwin published during this unsettling time in American history,
explored the deep-rooted racial tension with eloquence and unparalleled
honesty. As his collection of notable literary works continue to exude
words of strength, power, and wisdom, his writing will forever remain
an essential part of the American literary canon.
Mr. Speaker, I ask that you and my distinguished colleagues join me
as we celebrate this year, the 90th Birthday of Harlem Renaissance Poet
Laureate James Baldwin.
____________________
HISTORICAL RECORD OF FEDERAL EXPENDITURES TO AMERICAN SAMOA 1995-2012
______
HON. ENI F. H. FALEOMAVAEGA
of american samoa
in the house of representatives
Wednesday, December 3, 2014
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to include, for
historical purposes, the following information on federal expenditures
to American Samoa.
[[Page 16598]]
From 1995 to 2001, the amount of federal expenditures from federal
agencies to American Samoa totaled over $1 billion. The following is
the amount of federal expenditures per year:
1995: $116,008,922
1996: $115,099,073
1997: $174,193,691
1998: $150,888,302
1999: $171,449,811
2000: $175,979,717
2001: $181,203,793
TOTAL: $1,084,823,309
From 2002 to 2007, the federal expenditures from federal agencies to
American Samoa totaled nearly $1.4 billion. The following is the amount
of federal expenditures per year:
2002: $212,103,366
2003: $231,696,258
2004: $249,179,251
2005: $238,160,608
2006: $226,979,671
2007: $233,242,815
TOTAL: $1,391,361,969
From 2008 to 2012, the federal expenditures from federal agencies to
American Samoa totaled over $1.6 billion. The following is the amount
of federal expenditures per year:
2008: $234,839,570
2009: $333,785,001
2010: $510,005,555
2011: $293,663,747
2012: $262,246,963
TOTAL: $1,634,540,836
____________________
HONORING THE LIFE OF CECIL MOZEL BAILEY
______
HON. RALPH M. HALL
of texas
in the house of representatives
Wednesday, December 3, 2014
Mr. HALL. Mr. Speaker, I rise today in honor of the life of Cecil
Mozel Bailey who recently passed away on February 23 at the age of 91.
Cecil was a man of God dedicated to his faith, family, and community. I
consider myself fortunate to count Cecil and his family as personal
friends and I know he will be greatly missed.
Cecil was born on November 11, 1922 in Grand Saline, Texas. The
values of family and hard work were ingrained in Cecil from an early
age as he grew up helping his parents, Harvey and Tennie Fisher Bailey,
on the family farm. After graduating from Grand Saline High School, he
received an offer to play football for Arlington State College. Cecil
then decided to serve his country in the United States Army where he
was stationed in Germany.
After returning home from war, Cecil and his first wife Margarite
raised their family together while Cecil worked as a warehouse
superintendent with A&P Grocery in Dallas and served as a Sunday School
Teacher and deacon at Urban Park Baptist Church.
Following the passing of his wife Margarite, Cecil returned to Grand
Saline. He then married his second wife, Irene, and the two moved to
Canton where they retired. His faith was important to him, and
together, Cecil and Irene Bailey helped start Lakeside Baptist Church.
Cecil continued to actively serve the Lord and His church body as the
First Chairman of the deacons.
Family was also very important to Cecil. The Baileys enjoyed many
trips together, traveling to Israel, Hawaii, Alaska, New England, and
Branson. He also spent time growing large vegetable gardens, canning
its produce, and sharing what he grew with his family and friends.
Mr. Speaker, I ask my colleagues to join me in celebrating the life
of Cecil Bailey. He was a man who fully believed in the values of
faith, family, and community, and I believe everyone can benefit from
his example.
____________________
HEATHER KAPANDE
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Wednesday, December 3, 2014
Mr. PERLMUTTER. Mr. Speaker, I rise today to recognize and applaud
Heather Kapande for her outstanding service to our community.
While building her own successful small business in Jefferson County,
Heather has positively influenced the small business community as a
whole across the County. She began her professional career as a teacher
and has continued with her legacy of serving others. Heather is an
influential mentor in the community and goes the extra mile to deliver
the absolute best she can to her family, friends, clients and
community.
Since 1999, Heather manages Nick's Pro Fitness and has helped make it
into the prosperous organization it is today. In 2003, Heather took on
the additional role as an international event planner. She continues to
run Nick's Pro Fitness, but also has a key role at The Bastian Group
planning events for businesses in the corporate and entertainment
arenas. Heather has a passion and drive that her family, friends,
clients and the community all benefit from.
I extend my deepest congratulations to Heather Kapande for her well-
deserved honor by the West Chamber serving Jefferson County. I have no
doubt she will exhibit the same dedication and character in all her
future accomplishments.
____________________
IN HONOR OF JOHN H. RIVES
______
HON. JAMES P. McGOVERN
of massachusetts
in the house of representatives
Wednesday, December 3, 2014
Mr. McGOVERN. Mr. Speaker, I rise today to honor the life of John H.
Rives, who passed away on November 22, 2014 at his home, surrounded by
loved ones.
John was a dedicated and loving husband and father. John devoted his
life to his passions: clock repair and restoration. For 15 years, John
was responsible for the weekly winding of the Worcester City Hall clock
tower. John was an avid runner, having completed 14 marathons; he was
also the running coach at the Notre Dame Academy in Worcester.
On behalf of the people of Worcester, I ask that all of my colleagues
join me in keeping the Rives family in our thoughts and prayers.
____________________
IN CELEBRATION OF DR. TIMOTHY S. MESCON, PRESIDENT OF COLUMBUS STATE
UNIVERSITY
______
HON. SANFORD D. BISHOP, JR.
of georgia
in the house of representatives
Wednesday, December 3, 2014
Mr. BISHOP of Georgia. Mr. Speaker, it is my honor to extend my
personal congratulations to Dr. Timothy S. Mescon, the fourth president
of Columbus State University, who will be leaving Columbus State to
work at the Association to Advance Collegiate Schools of Business
International as the senior vice president and chief officer for
Europe, the Middle East, and Africa. On Wednesday, December 3, 2014, he
will be honored by the community for his career and many achievements
at Columbus State University.
Dr. Mescon, along with his wife Lauren and four children William,
Preston, Abbie, and David, have lived a fulfilling life supporting the
mission of excellence at Columbus State.
Before arriving at Columbus State in August 2008, Dr. Mescon was Dean
of the Michael J. Coles College of Business at Kennesaw State
University in Atlanta for 18 years, holding the Tony and Jack Dinos
Eminent Scholar Chair of Entrepreneurship. He is a Ph.D. recipient from
the University of Georgia's Terry College of Business, and also has
received an MBA from Southern Methodist University's Cox School of
Business and a B.A. from Tulane University. Dr. Mescon also served on
the faculties of the University of Miami and Arizona State University.
He was founding Dean of the Frank Perdue School of Business at
Salisbury University in Maryland and serves on the Advisory Board of
the Kingston University (U.K.) School of Business and Law.
Additionally, Dr. Mescon has served as a visiting fellow at The Hebrew
University of Jerusalem.
Under his six years of leadership, Columbus State University has
grown in prestige and stature. It launched its first doctoral program
and an array of graduate programs, including the nation's first program
in Servant Leadership. The university restructuring under his tenure
created Columbus State's Honors College and Graduate School, College of
Letters and Sciences, College of the Arts Turner College of Business,
and College of Education and Health Professions. Additionally, the
School of Nursing added graduate programs and changed its accreditation
to the Commission on Collegiate Nursing Education, the chemistry
program received national accreditation from the American Chemical
Society, and in 2014 CSU was named winner of the Senator Paul Simon
Prize for outstanding international education programs.
Columbus State has established extensive partnerships with Ft.
Benning, the Maneuver Center of Excellence, and has been recognized as
both a Yellow Ribbon and a Military Friendly School. It added 20 club
sports, five NCAA Intercollegiate sports, and built the nation's top
Student Recreation Center. Lastly,
[[Page 16599]]
under his leadership, the 2011 NCAA National Rifle Championship was
hosted by Columbus State University and the Army Marksmanship Unit
based at Ft. Benning.
For the first time ever, Columbus State was named by U.S. News and
World Report as one of the top 50 Comprehensive Public Universities in
the South for 2013 and 2014. Additionally, Columbus State's online
graduate programs in business and education were named among the top 35
in the nation by U.S. News and World Report for 2013.
Dr. Mescon is the author of more than 200 articles and case studies,
and has co-authored four books and an audio book series covering topics
ranging from entrepreneurship to management, development to business
success.
Locally, Dr. Mescon has given much to our community. As a trustee of
the RiverCenter for the Performing Arts in Columbus, the Southern
Association of Colleges and Schools Commission on Colleges (SACSCOC),
and the Chattahoochee Council with the Boy Scouts of America, Dr.
Mescon's philanthropic presence will be sorely missed in the greater
Columbus area. He also serves as an ally in the Circles in Columbus
anti-poverty program, Chair for the annual campaign for the United Way
of the Chattahoochee Valley, and a member of the Fort Benning Futures
Partnership Board.
Of course, Dr. Mescon's service has not gone unnoticed. Georgia Trend
Magazine named Dr. Mescon one of the 100 Most Influential Georgians in
2012, 2013, and 2014. Nationally, the White House has named him a
winner of the President's Volunteer Service Award from the President's
Council on Service and Civic Participation and he has received the
national Award of Excellence from the U.S. Small Business
Administration.
Mr. Speaker, I ask that my colleagues join me today in congratulating
Dr. Timothy S. Mescon for six outstanding years as President at
Columbus State University. He has truly implemented an outstanding
vision for Columbus State University and brought leadership to our
community. I am profoundly grateful for his outstanding stewardship and
dedication and wish him well in all his future endeavors.
____________________
IN RECOGNITION OF THE UAB DENTISTRY CARES COMMUNITY DAY
______
HON. SPENCER BACHUS
of alabama
in the house of representatives
Wednesday, December 3, 2014
Mr. BACHUS. Mr. Speaker, it is the privilege of the State of Alabama
and the City of Birmingham to be the site of the University of Alabama
at Birmingham (UAB) School of Dentistry, host to the second annual UAB
Dentistry Cares Community Day held on Wednesday, November 5, 2014. UAB
Dentistry Cares is an event that brings together UAB and community
volunteers, sponsors and partners to provide one day of free dental
treatment and oral health education to the homeless and underserved,
giving priority to patients suffering from dental infections or pain.
It was my pleasure to be able to see this event first-hand and the
dedicated work provided by everyone involved, including the dental
students, was truly impressive.
Recognizing that lack of Medicaid dental coverage for adults has
created a pressing need for primary care dental treatment among the
low-income, UAB School of Dentistry and Alabama Dental Association
leadership have collaborated on initiatives such as an incentive
program to encourage dentists to establish practices in rural and
underserved areas of the state. In 2012, the groups also joined to
establish the first UAB Dentistry Cares Community Day which was held in
October 2013. The day-long event provided emergency dental treatment to
over 300 needy adults. Services included examinations, blood pressure
checks, x-rays, almost 100 dental cleanings and 130 dental fillings,
and over 300 dental extractions, all at an estimated cost of $130,000.
The event has grown to include many sponsors and partners. This year,
over 400 needy adults were provided with free dental treatment at one
of four clinic sites around the Birmingham area. UAB School of
Dentistry served as the primary site, while Christ Health Center, The
Foundry and Jefferson County Health Department dental clinics offered
their facilities as an extension of the event.
UAB School of Dentistry is among very few dental schools in the
country to host this type of benevolent event through its partnerships
with The Caring Foundation--BlueCross BlueShield of Alabama, Henry
Schein, UAB School of Public Health, Alabama Dental Association,
Brasseler USA, Courtyard Marriott & SpringHill Suites, OKU Honor
Society, Oral Arts Dental Laboratories, UAB Health System, and numerous
private supporters. In addition to the Alabama Dental Association and
three companion sites, other event partners include the Birmingham
District Dental Society, Cahaba Valley Health Care, Fortis Institute
School of Dental Hygiene, Samford School of Pharmacy and UAB School of
Nursing.
Since its founding in 1948, the UAB School of Dentistry has developed
a rich history of healthcare innovation and gained an international
reputation for excellence. With an accredited predoctoral and eight
accredited postdoctoral areas of study, the School is a world class
institution ranking number one in funding from the National Institutes
of Dental and Craniofacial Research, with a 100% pass rate for students
on National Board exams and a positive track record for community
outreach and collaboration. The UAB School of Dentistry continues to
supply the City of Birmingham and the State of Alabama with nothing but
the world's most equipped and knowledgeable scholars and dentists, a
tradition of research and rich community outreach experiences like UAB
Dentistry Cares day of service.
Mr. Speaker, I ask my colleagues to join me in recognizing the
combined efforts of the UAB School of Dentistry and its partners who
have given of their time and talents to provide critical dental care to
Alabama's underserved. Let us congratulate UAB School of Dentistry and
its partners on this successful approach to the pressing access to care
problem in their state.
____________________
KAY MILLER
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Wednesday, December 3, 2014
Mr. PERLMUTTER. Mr. Speaker, I rise today to recognize and applaud
Kay Miller for her outstanding service to the field of health and our
community.
As the Vice President of Patient Care Services and Chief Nursing
Officer at St. Anthony Hospital, Kay is known for her dedication to her
patients, staff and hospital associates. Prior to working at St.
Anthony Hospital, she served as Vice President and Chief Nursing
Officer at Medical Center of the Rockies in Loveland. Kay brings more
than 30 years of experience in nursing, health care administration, and
patient safety. Throughout her work at St. Anthony, Kay has been
committed to enhancing the culture of the hospital through employee
engagement and a continual focus on patient satisfaction.
Kay uses her passion to help inspire others, and uses her knowledge
to mentor nursing directors and those aspiring to be at the nurse
executive level. Her teams' accomplishments include the Malcolm
Baldrige National Quality Award for health systems, the youngest
hospital to receive a Magnet Designation, the Beacon Award for Critical
Care Excellence, two Lantern Awards for Emergency Nursing Excellence
and Patient Satisfaction Overall Top Performer for five years. Kay is
also a member of the Front Range Community College Area Advisory
Council.
I extend my deepest congratulations to Kay Miller for her well-
deserved honor by the West Chamber serving Jefferson County. I have no
doubt she will exhibit the same dedication and character in all her
future accomplishments.
____________________
HONORING DR. HOWARD SILVER EXECUTIVE DIRECTOR, CONSORTIUM OF SOCIAL
SCIENCE ASSOCIATIONS
______
HON. RUSH HOLT
of new jersey
in the house of representatives
Wednesday, December 3, 2014
Mr. HOLT. Mr. Speaker, I rise to recognize the accomplishments of my
colleague, Dr. Howard Silver, on the occasion of his recent retirement
as the Executive Director of the Consortium of Social Science
Associations (COSSA).
COSSA is the largest consortium dedicated to promoting the social and
behavioral sciences and the federal agencies that directly and
indirectly supports them. COSSA is comprised of over 100 professional
associations, scientific societies, research institutes, and
universities, including two in my district--Princeton University and
Rutgers, the State University of New Jersey.
Since its inception in the early 1980s, Howard has been with COSSA. A
former political science professor, campaign manager, and legislative
analyst at the Department of Education, Howard came to COSSA during its
[[Page 16600]]
darkest, earliest chapter when the Reagan Administration was attempting
to undermine federal support for the social and behavioral sciences.
From 1983-88, Howard served COSSA as its Associate Director for
Government Relations, establishing effective and innovative strategies
that successfully defended the social and behavioral sciences (SBS)
against these efforts and promoted understanding of SBS's important
contributions to the nation's scientific enterprise. Howard also worked
to expand federal support of SBS, advocating for the creation of the
Directorate for Social, Behavioral, and Economic Sciences at the
National Science Foundation. During challenging and prosperous times,
Howard has never lost sight of his primary objectives--to protect and
promote the social and behavioral sciences in the context of all
scientific disciplines.
In recognition of his leadership, Howard has served on numerous
advisory boards and committees and received many honors. For example,
from 1994-2000, Howard served as the elected Chair of the Coalition for
National Science Funding (CNSF), an elite scientific advocacy group
with membership from scientific and engineering societies, higher
education associations, and industrial groups. In 1998, he was elected
a Fellow of the American Association for the Advancement of Science. In
2006 he became the President of the National Capital Area Political
Science Association, after serving on its council. From 1998-2000 he
served on the Council of the American Political Science Association
(APSA). His prior service includes serving as President, Treasurer and
Program Chair of the Section on Applied Political Science of the
American Political Science Association, the Executive Committee of the
Council of Professional Associations on Federal Statistics, and on the
steering committees of the National Commission on Social Studies in the
Schools and the Coalition for the Advancement of Foreign Languages and
International Studies. He also was a member of the 2010 Decennial
Census Advisory Committee.
In a town known for its transience, for over 30 years, Howard has
been an enduring leader in Washington, DC, providing members of
Congress, congressional staff, federal employees, and advocates alike
with accurate, incisive, timely, and useful information and guidance.
His annual budget issue of the COSSA Washington Update is mandatory
reading for anyone who needs to understand federal funding of social
and behavioral scientific research. It is hard to imagine COSSA without
Howard at the helm, leading the charge--especially when, once again,
critics of the social and behavioral sciences have resurfaced to wage
battles Howard has fought successfully over the years. Nonetheless,
Howard has earned the right to retire and to reflect upon a long
distinguished career characterized by many triumphs. I join his friends
and colleagues in wishing Howard and his wife, Marilyn, well and
thanking him for his years of dedicated, impressive service.
____________________
EXPRESSING THANKS TO DR. MARK S. MYERSON, MEDICAL DIRECTOR OF THE
INSTITUTE FOR FOOT AND ANKLE RECONSTRUCTION AT MERCY
______
HON. ENI F. H. FALEOMAVAEGA
of american samoa
in the house of representatives
Wednesday, December 3, 2014
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to express my heartfelt
gratitude to Dr. Mark S. Myerson for his extraordinary care and skill.
Dr. Myerson is one of the world's foremost experts for foot and ankle
surgery. Orthopedic surgeons from around the world turn to him for
direction.
Dr. Myerson studied at the University of Cape Town in South Africa.
He did his residency in orthopedics at Sinai Hospital, Johns Hopkins
University, University of Maryland. He completed a Fellowship for foot
and ankle surgery at the Hospital for Joint Diseases in New York. He
founded The Institute for Foot and Ankle Reconstruction at the Mercy
Medical Center in Baltimore, Maryland, and now serves as its Medical
Director. He is rated among the best doctors in the world.
Dr. Mark Myerson's research and dedication to finding the best
solutions for foot and ankle injuries has led to his authoring two foot
and ankle textbooks. He also has authored various chapters in
scientific textbooks and is published in numerous professional and
medical journals.
Dr. Myerson has pioneered surgical techniques that have
revolutionized the diagnosis, treatment and recovery of disorders of
the foot and ankle. He provides one-of-a-kind treatment options for
foot and ankle injuries ranging from the routine to the complex. From
football players to ice skaters, professional athletes have trusted Dr.
Myerson to help them return to their elite level of play. Parents have
trusted Dr. Myerson's skills in relieving their children's foot and
ankle pain associated with rare birth defects. Others, injured in
traumatic accidents that crush the foot or ankle, have trusted Dr.
Myerson to help them recover from their debilitating injuries. Dr.
Myerson has performed many surgeries that have saved and prolonged
careers, and led to patients being able to once again enjoy their daily
activities.
Many patients believe Dr. Myerson is the best of the best, and so do
I. I can never thank Dr. Myerson enough for what he has done for me.
Because of his skills, I am able to walk again, and I will always be
grateful to God for bringing Dr. Myerson into my life.
On a personal level, I am honored to know Dr. Myerson and his son,
Lucas, who interned for me years ago. Both father and son are
exceptional men. They share their talents with underprivileged
communities and impact lives at home and abroad. I wish Dr. Myerson and
his family the very best, and I thank him and his staff for all they do
to make a difference in the lives of those they serve.
____________________
HONORING THE SERVICE OF THE REVEREND MONSIGNOR MICHAEL F. KOSAK, P.A.
______
HON. DONNA M. CHRISTENSEN
of the virgin islands
in the house of representatives
Wednesday, December 3, 2014
Mrs. CHRISTENSEN. Mr. Speaker, I rise to pay tribute to an
outstanding leader from my congressional district in the U.S. Virgin
Islands, the Reverend Monsignor Michael F. Kosak, a Roman Catholic
Priest, for his many contributions to St. Croix and the Virgin Islands
community over 44 years.
Born in Brooklyn, New York on December 7, 1938, the first-born child
of Michael and Rose Marnick Kosak, Monsignor Kosak graduated from high
school in 1956 and enlisted in the U.S. Marine Corps in 1957, serving
for several years before beginning his religious studies. In 1966,
Monsignor Kosak earned a Bachelor of Arts degree in philosophy from St
Mary's College in St. Mary, Kentucky and his Masters in Divinity from
St Mary's Seminary and the University of Baltimore, Maryland in 1970.
On June 6, 1970, Monsignor Kosak was ordained as a Roman Catholic
Priest for the Prelature of the Virgin Islands by the Most Reverend
Edward J. Harper, Bishop of the Virgin Islands at the Basilica of Our
Lady of Perpetual Help, Brooklyn, New York. That same year on July 26,
Monsignor Kosak became pastor of St. Ann's Church, Barrenspot Hill, St.
Croix, Virgin Islands and was appointed Director of Vocations in 1970;
Director of Charismatic Renewal in 1977; Director of the Office of the
Permanent Diaconate in 1981; Director of Communications in 1982; Dean
in 1985; and Episcopal Vicar, St. Croix, a position he held until 1987.
Monsignor Kosak was appointed to the position of Vicar General of the
Diocese on July 30, 1987, and the title of Monsignor was conferred upon
him by the Most Reverend Sean O'Malley on March 13, 1989.
Mr. Speaker, through Monsignor Kosak's ministry at St Ann's Church,
it grew in stature from a simply country chapel to a significant parish
in the community, which offers Christian education classes to children
who attend public and private schools in order that they may receive
the sacraments. He has always encouraged the training and involvement
of youth in the music ministry of the church. As spiritual director at
the St. Joseph High School, Monsignor Kosak, was instrumental in
obtaining summer youth programs at St. Joseph's in the early 1970s for
the youth of the St. Croix community. He presented evangelical seminars
to the churches, first in St. Croix and then in St. Thomas and St.
John, the impact of which spread to every island in the Caribbean and,
since 1982, to Ghana, Uganda, Botswana, Kenya and Zimbabwe.
After Monsignor Kosak was appointed Pastor of Sts. Peter & Paul
Cathedral, St. Thomas, Virgin Islands on May 16, 1989, he performed
spiritual director service in Trinidad and in Malta from 1990 to 1991;
He was again appointed Pastor of Sts. Peter & Paul Cathedral on August
1, 1992. During the 1990s, Monsignor Kosak oversaw the renovations of
[[Page 16601]]
the Cathedral which included preserving precious works of art that
dated back to the 19th century.
On October 1, 1995, Monsignor Kosak was appointed Pastor of St Ann's
Church, where he began major construction of the Sts. Joachim & Ann
Church and the renovation of the sugar mill into the Shrine of Our Lady
of Barrenspot. Other major construction of the Marian Hall, the paving
of new roads and the parking lot, as well as the beautification of the
9.5 acres of parish property at St. Ann's commenced from 1999 to 2007.
Always one to continue the path of education and spirituality,
Monsignor Kosak took a sabbatical at North American College in Rome
2000 and took a spirituality course at Angelicum, Rome in 2004. The
Most Reverend Bishop George Murry appointed him as Vicar General on
August 15, 2005 and following Bishop Murry's transfer, Monsignor Kosak
was elected Diocesan Administrator.
Mr. Speaker, in January 2008, Monsignor Kosak published his memoir
titled, ``Journey of a Homeboy,'' which chronicles his life's journey
from his time at a home for boys in Brooklyn to the tropical breezes of
the Virgin Islands. He writes of serving as pastor during life-altering
events to include the destruction of Hurricane Hugo in 1989 and
Hurricane Marilyn in 1995 and spiritual experiences along the way,
including a mountaintop experience at Mt. St. Benedict in Trinidad on
January 6, 1977 that lit the shepherd on fire and there was no turning
back in his ministry.
Mr. Speaker, Monsignor Kosak celebrated his 40th anniversary as an
ordained priest on June 6, 2010 and later that year, the Holy Father
conferred upon him the papal honor of Prothonotary Apostolic, which is
dated July 12, 2010 at the Vatican. From June 2012 to December 2013,
Monsignor Kosak served as Editor of the Catholic Islander, the Diocesan
Monthly Magazine.
Monsignor Kosak retired as pastor of St. Ann's Catholic Church on
August 31, 2014 and is now Pastor Emeritus of St. Ann Barrenspot.
Monsignor Kosak will remain active as a Diocesan Consulter to The Most
Reverend Herbert Brevard, Bishop of the Catholic Diocese of St. Thomas
to assist him in matters concerning health care, property insurance and
pension issues in the diocese. At the conclusion of his memoir,
Monsignor Kosak wrote, ``God isn't finished with me yet and I ask your
prayerful support so that this `homeboy' will always be a faithful
disciple of the Holy Spirit.''
Mr. Speaker, Monsignor Kosak has served his country and my
constituency well and on behalf of the people of the U.S. Virgin
Islands and a grateful flock, I wish ``Father Mike'' continued success
and on behalf of the Congress of the United States, thank him for his
long, dedicated and bountiful service to the parish of Sts. Ann and
Joachim, the community of St. Croix and the Diocese of St. Thomas. May
God continue to richly bless him with good health and many more years
in service to the Almighty God.
____________________
PERSONAL EXPLANATION
______
HON. RALPH M. HALL
of texas
in the house of representatives
Wednesday, December 3, 2014
Mr. HALL. Mr. Speaker, due to injuries sustained in an automobile
accident, I was unable to travel to Washington to cast votes from
November 12, 2014 until November 20, 2014.
Had I been present, I would have voted ``yea'' on roll calls numbered
516, 517, 519, 520, 522, 523, 525, 528, and 531.
Also, had I been present, I would have voted ``nay'' on roll calls
numbered 526 and 529.
____________________
KIT NEWLAND
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Wednesday, December 3, 2014
Mr. PERLMUTTER. Mr. Speaker, I rise today to recognize and applaud
Kit Newland, Director of the Community Resources Department at the City
of Lakewood, for her outstanding service to our community.
Kit has perfected the career of helping individuals stay active and
fit and helped to improve the physical and emotional health of her
community. She is the current Director of the Community Resources
Department for the City of Lakewood. As recreation manager, she
oversees Lakewood's parks, trails, open space, recreation and many
aspects of human service provision, including early childhood and older
adult services. Kit works tirelessly to advocate for the creation of
programs and methods for those with chronic conditions to transition
seamlessly from medical facilities to community settings in order to
remain physically active and engaged with others.
One of Kit's biggest successes is the creation of the CancerFit
Program, an exercise program designed specifically for cancer
survivors. CancerFit is now a program that is available across the
State of Colorado.
I extend my deepest congratulations to Kit Newland for her well-
deserved honor by the West Chamber serving Jefferson County. The
dedication Kit has for her community and her family exemplifies her
strong work ethic and character, and I have no doubt she will exhibit
the same dedication and character in all her future accomplishments.
____________________
MAYOR TRISH KELLEY
______
HON. JOHN CAMPBELL
of california
in the house of representatives
Wednesday, December 3, 2014
Mr. CAMPBELL. Mr. Speaker, I rise today in honor of Trish Kelley,
Mayor of the City of Mission Viejo, on her outstanding service to our
community and to congratulate Mayor Kelley on her retirement.
Since taking office in 2002, Mayor Kelley has been a leading advocate
in preserving and enhancing public safety, transportation, and quality
of life of the Mission Viejo's residents.
Because of Mayor Kelley's leadership, Mission Viejo has received
recognition as the safest city in California each year since she was
first elected.
She has implemented and advanced transportation and infrastructure
programs that have lowered traffic collisions and enabled safer travel
for residents.
Furthermore, Mayor Kelley led efforts to establish the City as a
Community of Character, developing a youth education program that won
national recognition for promising practices by the Character Education
Partnership.
Mayor Kelley's volunteerism, vision, and commitment to excellence has
created a sense of pride for the City of Mission Viejo as a premier
city of Orange County.
I wish Mayor Kelley the very best in her retirement and I thank her
for the extraordinary legacy she is leaving behind; a true inspiration
for future generations.
____________________
REMEMBERING PALMER J. ``BARNEY'' MACALI
______
HON. TIM RYAN
of ohio
in the house of representatives
Wednesday, December 3, 2014
Mr. RYAN of Ohio. Mr. Speaker, I rise today to remember the life of
Palmer J. ``Barney'' Macali, 93, who passed away Thursday, Nov. 20,
2014, surrounded by his loving family.
Barney devoted his life to his family and was an active member of his
community. Barney served his country in the U.S. Air Force as part of
the 5th Air Depot Group. He was a member of numerous organizations, and
received multiple awards. Barney received the Community Star from the
Tribune Chronicle for outstanding service in the community, due to his
integral part in coordinating numerous fundraisers and other charitable
events. From the young age of 10, Barney began delivering groceries
after school, and for 80 years, he committed himself to the business,
his customers, and employees. Barney was a dedicated family man and a
valued citizen of Northeast Ohio.
Preceded in death by his parents and two brothers, Armand and Gilbert
Macali. Barney is survived by his wife, Anne Macali, whom he married
Feb. 14, 1955; four children, Ralph, Paula, Palmer, Mary Beth; their
AFS student, of Frankfurt, Germany, Hannelore; eight grandchildren,
Christopher, Quinn, Tyler, Marco, Nina and Nicholas, Spencer and
Anneliese; two sisters, Eleanor and Norma, and sister-in-law, Delores.
There is no doubt, Barney left his community a much better place to
live in and he will be missed.
[[Page 16602]]
____________________
LEGISLATIVE HISTORY ON HOUSE PASSAGE OF FALEOMAVAEGA'S BILL TO COMBAT
TOBACCO SMUGGLING IN AMERICAN SAMOA AND OTHER U.S. TERRITORIES
______
HON. ENI F. H. FALEOMAVAEGA
of american samoa
in the house of representatives
Wednesday, December 3, 2014
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to include, for
historical purposes, information about a bill I introduced to combat
tobacco smuggling in American Samoa and other U.S. Territories.
[Press Release, June 14, 2012]
Faleomavaega Introduces Legislation to Combat Tobacco Smuggling in
American Samoa and Other U.S. Territories
Congressman Faleomavaega today announced that he has
introduced the Stop Tobacco Smuggling in the Territories Act
of 2012 (H.R. 5934) to add American Samoa, the Commonwealth
of the Northern Marianas and Guam to the current Contraband
Cigarette Trafficking Act which makes it illegal to knowingly
ship, transport, receive, possess, sell, distribute, or
purchase 10,000 or more contraband cigarettes that do not
have a state or territorial tax stamp. Violators of the act
will face fines and criminal penalties.
``This legislation will provide law enforcement an
additional tool to combat tobacco smuggling in American
Samoa. According to a 2011 Feasibility Study commissioned by
American Samoa Community Cancer Network on a Cigarette Tax
Stamp Program in American Samoa, an estimated 5.8 million
cigarettes were smuggled into American Samoa in 2010; this
represents an estimated revenue loss of over $724,000 to the
American Samoa government.'' Faleomavaega said.
``Furthermore, the study reported that cigarettes are
smuggled into American Samoa by individual travelers, who do
not declare cigarettes that are in excess of the amount of
tax-free cigarettes allowed for personal use (up to 200 per
trip) and also by boats that evade Customs inspections.
Contraband cigarettes are also obtained when a purchaser buys
them at the Post Exchange (PX) in Tafuna and sold to local
merchants who in turn resell them to members of the public.
The purchase of cigarettes at a PX is only legal when they
are purchased for personal consumption and not for resale.''
``Besides depriving American Samoa of much needed tax
revenues, cigarette smuggling contributes to a growing health
crisis on our island. There are many health risks associated
with cigarette smoking. Smoking causes many different types
of cancer such lung, pancreatic, bladder, kidney and throat
cancer. Smoking also causes coronary heart disease and is a
factor in sudden infant death syndrome (SIDS).''
According to the Centers for Disease Control and Prevention
(CDC), ``The adverse health effects from cigarette smoking
cause an estimated 443,000 deaths or nearly one of every five
deaths, each year in the United States. Additionally, tobacco
related illnesses cost nearly $100 billion in health care
costs each year in the United States.''
``Currently, on the federal level there are only civil
penalties that can be enforced on smugglers in American Samoa
pursuant to the Prevent All Cigarette Trafficking Act (the
PACT Act). The PACT Act only applies to internet and mail
order cigarette smuggling and it only imposes civil penalties
while the Contraband Cigarette Trafficking Act imposes
criminal penalties.''
``As cigarette smuggling continues in American Samoa, the
Stop Tobacco Smuggling in the Territories Act of 2012 will
help local authorities combat the growing cigarette smuggling
in our territory,'' Faleomavaega concluded.
____________________
LAUREN EVANS
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Wednesday, December 3, 2014
Mr. PERLMUTTER. Mr. Speaker, I rise today to recognize and applaud
Lauren Evans for her outstanding service to business development and
our community.
Lauren is the President of Pinyon Environmental, Inc., a company
dedicated to fair and ethical business practices since it was founded
21 years ago. Lauren is committed to the advancement of the entire team
and the business of engineering through mentoring of staff and interns.
Since 2009, Pinyon has been honored as a Top 100 Woman-Owned business
in Colorado by ColoradoBiz Magazine.
Lauren has an equally generous spirit outside of her business
endeavors, and commits herself to many community non-profit
organizations. She serves on the Board of Directors for Socially
Conscious Coffee and participates with Denver Animal Shelter, Sweat
Equity, Water for People and Greenhouse Scholars. Lauren's work ethic
and character shows her commitment to promoting the best interests of
all.
I extend my deepest congratulations to Lauren Evans for her well-
deserved honor by the West Chamber serving Jefferson County. I have no
doubt she will exhibit the same dedication and character in all her
future accomplishments.
____________________
AIR FORCE CAPTAIN WILLIAM H. DuBOIS
______
HON. SCOTT R. TIPTON
of colorado
in the house of representatives
Wednesday, December 3, 2014
Mr. TIPTON. Mr. Speaker, I rise today in honor of Air Force Captain
William H. DuBois, whose life was tragically lost in support of
Operation Inherent Resolve on December 1, 2014.
Captain DuBois grew up in New Castle, Colorado, where he attended
Rifle High School. After high school, he studied Aeronautical
Engineering at the University of Colorado in Boulder, later joining the
United States Air Force.
As a member of the 77th Fighter Squadron out of Shaw Air Force Base
in South Carolina, Captain DuBois was a specialist aviator in air-to-
ground attacks against enemy forces. On Monday, December 1, 2014,
Captain DuBois took off from a U.S. Coalition air base for a combat
mission in Operation Inherent Resolve, when his F-16 aircraft began to
experience mechanical problems. Captain Dubois attempted to return to
the air base and was unable to eject before his airplane crashed.
Captain DuBois was only 30 years old and recently married to his wife
Ashley (Jones) DuBois. According to those who knew him, there was
rarely a moment when he didn't have a smile on his face, and his
selfless and encouraging personality was contagious to anyone who had
the pleasure of meeting him. The numbers of lives touched by this
courageous young man are innumerable and the love and memories he
shared with his friends and family will live on through them.
The death of Captain DuBois is an unfortunate reminder of the dangers
our service men and women face every day as they defend our country, as
well as of the many sacrifices they make to protect our freedoms and
way of life. Captain DuBois served his country with great pride and
honor, doing what he had dreamed of since he was a boy. He will be
greatly missed by his family, friends and squadron.
Mr. Speaker, it is an honor to recognize Captain William H. DuBois.
His dedication to our country, and the way he selflessly lived his
life, serve as an inspiration to a grateful nation, as well as to the
State of Colorado.
____________________
RECOGNIZING ROMANIA'S GREAT UNION DAY AND ITS 25TH ANNIVERSARY OF
INDEPENDENCE
______
HON. MICHAEL R. TURNER
of ohio
in the house of representatives
Wednesday, December 3, 2014
Mr. TURNER. Mr. Speaker, as President of the North Atlantic Treaty
Organization Parliamentary Assembly and co-Chairman Congressional
Romania Caucus, I congratulate Romania on its Great Union Day,
celebrating the anniversary of its unification on December 1, 1918, and
its 25th anniversary of independence following the fall of communism.
Romania is a stalwart U.S. and NATO ally. Romania and the United
States work closely together to confront a host of global challenges,
including through our joint efforts to bolster regional defense, halt
nuclear proliferation, and increase energy security. For example, the
Permanent Forward Operating Site at Mihail Kogalniceanu Air Base not
only enables a vital U.S. forward presence in the region, but also
provides essential opportunities for joint training with NATO allies.
With the signing of the U.S.-Romania Ballistic Missile Defense
Agreement in September 2011, Romania established itself as a key
strategic partner in NATO's emerging missile defense capabilities
effort. The Missile Defense Interceptor site at Deveselu Air Base near
the Bulgarian border will provide missile defense protection to our
allies in Europe and the Middle East.
Tragically, ongoing events in Ukraine are unsettling the region and
testing the transatlantic alliance. As you know, Russia seeks to once
again destabilize much of Eastern Europe and restore influence over
territories lost following the collapse of the Soviet Union. That is
why it is critically important for the United States, Romania, and
other European
[[Page 16603]]
allies to continue to work together to strengthen the transatlantic
alliance and bolster regional security.
The strategic partnership between the United States and Romania has
greatly advanced our common interests in promoting transatlantic and
regional security and free market opportunities, and should continue to
foster greater economic and cultural exchanges, trade and investment,
and social contacts.
Mr. Speaker, I urge all of my colleagues to join me in celebrating
Romania's Great Union Day and its 25th anniversary of independence
since the fall of communism.
____________________
HONORING ROBERTS TREE FARM
______
HON. TODD C. YOUNG
of indiana
in the house of representatives
Wednesday, December 3, 2014
Mr. YOUNG of Indiana. Mr. Speaker, Indiana's economic engine is
driven by Hoosier innovation and entrepreneurship. Our state's small
businesses are a source of pride for towns and cities across the state
for the high quality goods and services they provide and the jobs they
support. One such small business is the Roberts Tree Farm.
Each year, Americans look forward to Christmastime as a season that
brings back memories of family and long-held traditions, as well as
offering the promise of creating new memories with our loved ones. The
look and smell of a freshly-cut pine tree is something I and others
will always associate with the holiday season. Every year, hundreds of
families around the state rely on Roberts Tree Farm of Seymour, Indiana
to help keep these traditions alive.
Located on 25 acres owned by the same family since 1852, Roberts Tree
Farm has been in operation for four decades. Working out of an
authentic log cabin that originally housed Roberts Grocery Store, Jerry
and Libby Roberts offer services that keep customers coming back year
after year.
Jerry oversees the planting and maintenance of thousands of trees
throughout the year, taking special care to ensure that they grow to
become full and healthy. During the farm's business hours on Fridays,
Saturdays and Sundays starting in late November, the Roberts provide
much more than just rows of mature trees to choose from. Customers are
driven around the grounds on a wagon, provided help in cutting and
loading their favorite tree, and even get to enjoy Libby's home-made
cookies along with a cup of hot chocolate or apple cider.
Family-owned small businesses are the backbone of Indiana's economy.
However, Roberts Tree Farm is about more than just dollars-and-cents:
They have helped make the holidays special for one generation after
another. I wish the Roberts family--along with all the other holiday
themed Hoosier small businesses--all the best, and most importantly, a
Merry Christmas!
____________________
LESLEY DAHLKEMPER
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Wednesday, December 3, 2014
Mr. PERLMUTTER. Mr. Speaker, I rise today to recognize and applaud
Lesley Dahlkemper for her outstanding service to education and our
community.
As the current Vice President of Strategic Engagement and
Communications for the Colorado Education Initiative, Lesley has an
exemplary passion for public education and has made a huge impact in
her field. Her experience spans from the Jefferson County Board of
Education to award-winning national reporting for National Public
Radio. Lesley brings her experience in public policy, politics and
journalism to support the Jefferson County community.
Outside of her professional experience, she provides her time to many
non-profits including the Action Center, CASA of Jefferson and Gilpin
Counties and Colorado I Have A Dream Foundation. Lesley's leadership
has impacted Jefferson County for the better.
I extend my deepest congratulations to Lesley Dahlkemper for her
well-deserved honor by the West Chamber serving Jefferson County. I
have no doubt she will exhibit the same dedication and character in all
her future accomplishments.
____________________
RECOGNIZING JIM ADAMS
______
HON. LINDA T. SANCHEZ
of california
in the house of representatives
Wednesday, December 3, 2014
Ms. LINDA T. SANCHEZ of California. Mr. Speaker, I rise today to
recognize the life and career of Jim Adams. Mr. Adams serves as the
Orange County Council Representative for the Los Angeles/Orange
Counties Building and Construction Trades Council. A longtime resident
of Anaheim, Mr. Adams has worked tirelessly to increase work
opportunities for local union members. He has represented the Council
in negotiations with corporate entities, local governments, schools and
college boards, and politicians to ensure workers and their families
have a shot at achieving the American dream.
Originally from Cameron, Oklahoma, Mr. Adams came to Los Angeles on a
Greyhound bus in 1959 and entered the floor covering trade. He joined
Local 1247 in 1962 and was initiated in 1963. Since then, Mr. Adams has
worked hard to help the Trades turn jobs and keep a prevailing wage.
After 50 years as a loyal union member, Mr. Adams is set to retire at
the end of this year. His retirement is a great loss to the community
and the California Trades. I thank him for his service to my
constituents and my union colleagues and wish him and his family the
best as he enters this new chapter in his life.
____________________
HISTORICAL RECORD OF FALEOMAVAEGA'S RESPONSE TO CLOSURE OF SAMOA
PACKING IN AMERICAN SAMOA
______
HON. ENI F. H. FALEOMAVAEGA
of american samoa
in the house of representatives
Wednesday, December 3, 2014
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to include, for
historical purposes, information on the closure of Samoa Packing in
American Samoa.
[Press Release, May 7, 2009]
Faleomavaega Informs Governor That Minimum Wage Is Not the Reason for
Samoa Packing Relocating to Georgia
Congressman Faleomavaega announced today that, in a letter
dated May 7, 2009 and in response to Governor Togiola's
letter of May 1, he has informed the Governor that minimum
wage is not the reason for Samoa Packing relocating to
Georgia. The full text of the Congressman's letter, which was
copied to the President and Senators, and the Speaker and
Representatives, is included below.
``Dear Governor Togiola:
I am writing in response to the recent announcement by
Chicken of the Sea/Samoa Packing that it will close
operations in American Samoa effective September of this
year. I am also writing in response to your letter of May 1,
2009. Enclosed for your information is a copy of my letter of
May 7 to Senator Daniel K. Inouye, Chairman of the Senate
Appropriations Committee, which explains my position
regarding the plant's closure, and my request for his
assistance.
While you have suggested that the cannery is leaving due to
minimum wage increases, the company has made it clear that
minimum wage is only one of many reasons that influenced its
decision and, frankly speaking, I believe minimum wage was
the least of its reasons, especially considering that the
company is relocating to Lyons, Georgia where effective July
24, 2009, minimum wage rates are $7.25 per hour, compared to
American Samoa's current rate of $4.26 and American Samoa's
projected rate of $4.76 per hour effective July 2009.
That Chicken of the Sea would relocate and immediately pay
workers in Georgia double the moneys is not fair to our
Samoan workers who spent the last 50 years making Chicken of
the Sea one of the most profitable brands of canned tuna in
America. It is also not fair that our cannery workers have
been paid way below the national average when the vast
majority of ASG workers have salaries comparable to national
minimum wage standards.
If it is possible to increase salaries of departments by as
much as $10,000, why would ASG leaders not support an
increase of 50-cents per hour for private sector tuna cannery
workers? Regardless of what your position is about the
poorest among us, now is not the time to be pointing fingers.
We need to work together to find a solution, and my office
has already had discussions with the U.S. Department of Labor
(DOL).
Enclosed for your information is a point of contact to
assist you with ASG's application for national emergency
funds to provide job training for our workers. According to
the DOL, the request for this assistance must be made by you,
and must originate from the Governor's office. Your staff may
contact Adri Jayaratne at [email protected]
[[Page 16604]]
for further information on how to apply for a national
emergency grant. This information may also be accessed at
http://www.doleta.gov/neg/eligibility.cfm. I will send a
letter of support to the U.S. Secretary of Labor prior to the
submission of ASG's application.
However, before any action can be taken by Congress or the
DOL, I have been informed that ASG will need to provide the
DOL and Congress with documentation showing the legal status
of our cannery workers. Samoa Packing's current workforce
consists of 2,172 active employees of which 274, or 13%, are
American Samoans, 87%, or 1,821 workers are Western Samoans,
and 3.5%, or 77 employees, are other foreign nationals. The
total payroll for all workers for the cannery including
benefits annually is approximately $22-$23 million.
I have been informed that ASG will have to certify the
legal status of our workers at Chicken of the Sea/Samoa
Packing before we can expect federal assistance. Even though
most of our tuna cannery workers are from Western Samoa, many
of them are married to U.S. nationals and U.S. citizens and,
for purposes of helping these families, I am hopeful that you
will send me the necessary immigration documentation showing
that these workers do have legal status so that we may move
forward with assisting them.
I am also hopeful that ASG will inform my office of what
kind of trust fund is in place for our local workers in the
case of unemployment. As you know, after all these years, ASG
has chosen not to participate in the federal Unemployment
Insurance (UI) program. Under terms of the UI program, when
eligible workers lose their jobs, the UI program may provide
them with income support for 6 months based on certain
calculations. These unemployment benefits are paid out of a
federal trust fund. However, the money for the trust fund
comes from taxes States impose on employers.
The State of Hawaii, for example, has protected its workers
by taxing employers like Hawaiian Air. The State of Hawaii
then sends a portion of those taxes to the federal government
to hold in trust for workers who may become unemployed should
Hawaiian Air lay off some of its workers. Once a worker is
laid off, that worker can apply for unemployment benefits and
the federal government will send that worker a check from the
trust fund.
When workers in American Samoa get laid off, they are not
eligible for UI benefits because ASG has not sent any money
to the federal government to hold in trust for our local
workers. Since ASG chose not to have the federal government
hold money in trust, I am hopeful that ASG has held those
funds in trust at the local level from the taxes it has
collected from StarKist and Chicken of the Sea so that our
workers can seek immediate relief and unemployment checks
come September. In the case of layoffs or closures,
unemployment compensation should have been at the heart of
ASG's lease agreements with the canneries.
If ASG has no local trust fund in place, I would hope that
ASG would support my efforts to bring ASG under the federal
umbrella. My office has contacted the House Ways and Means
Committee and I have every intention of working closely with
Chairman Charles Rangel to devise a program that will require
ASG to set aside a portion of the taxes it collects either in
a local or federal trust fund so that future workers will be
protected in the case of layoffs or plant closures. Like
every American, our workers deserve protection, and they are
entitled to peace of mind in knowing that their local
government reserved a portion of taxes for them, in case of
their unemployment. Every State plus Puerto Rico, DC, and the
Virgin Islands provide their workers with this kind of safety
net, and Guam established a modified program It is time for
ASG to follow suit, if it has not done so already.
While I am seeking a $20 million emergency set aside in the
supplemental appropriations bill, and while I will also ask
to increase operations and CIP funding for ASG, I am not sure
how successful federal efforts might be, especially given our
tuna canneries were recently provided with a $33 million
federal income tax break at a time when the United States is
faced with an unprecedented financial crisis. Prior to this
extension, each cannery received over $5 million per year in
federal tax breaks for almost 20 years, which equates to well
over $200 million, not to mention the tax breaks they got for
the 20 or so years preceding this.
Also, in 1999, at cost of $600,000 from the U.S. Congress,
a U.S. Department of the Interior Secretarial Commission was
established to examine American Samoa's economic condition
and make recommendations to ASG and the Department of the
Interior on how to diversify and expand American Samoa's
economy. This was the first time in American Samoa's 100-year
relationship with the United States that a Secretarial
Commission was established.
This Secretarial Commission was supported by Presidents
Bill Clinton and George W. Bush, chaired by the former
Governor of Hawaii John Waihee, and administered by the U.S.
Department of the Interior. You served as a commission
member. I served as an ex officio member.
In conjunction with the people of American Samoa, the
Commission, over about a two-year time period, developed an
economic plan which offered specific recommendations on how
to diversify the Territory's local economy based on the will
of the people. In fact, over 8,000 people were surveyed at
the request of the Commission by the American Samoa Community
College. In April 2002, the Secretarial Commission issued its
final report. To date, the U.S. Department of the Interior
has failed to move forward on this plan and I must say our
local government officials also have not acted.
I will continue to update you regarding my efforts at the
federal level, and I look forward to working with you and the
Fono to discuss possible options and new steps forward.
The Congressman concluded his letter by stating, ``Next
week, I will be meeting with Bumble Bee's top executive, Mr.
Chris Lischewski, and I will keep you apprised of his
insights and interests in American Samoa. Until then, I
continue to wish you the very best.''
____
[Press Release, June 19, 2009]
Faleomavaega Calls for Cooperation Not Confrontation
Congressman Faleomavaega announced today that he is calling
for cooperation not confrontation in response to Samoa
Packing's closing.
``At a time when our Territory is faced with the challenges
caused by the collapse of the global economy which has also
impacted our local businesses, including Samoa Packing, I
believe it is very important for our leaders to pull together
and do what is right for our people, rather than waste time
engaged in personal attacks. For this reason, I will not
respond to the negative comments being made on radio and in
the press, but I will continue to provide information which
is important for the public to know.''
``First and foremost, since the day Chicken of the Sea
announced it would be closing its operations, my office has
been aggressively working to find solutions at the federal
level that would complement local efforts. In fact, it was my
office, not ASG, that first contacted the U.S. Department of
Labor on behalf of our cannery workers to make sure they
could be provided with a stipend and an opportunity to be re-
trained or to attend ASCC.''
``In a letter dated May 7, 2009, I informed the Governor of
this opportunity and stated that national emergency grant
(NEG) funds would be made available if he would submit the
necessary application. I also provided the Governor with
names and email addresses of contacts at the U.S. Department
of Labor who could assist him in this effort.''
``On May 7, I wrote to Secretary of the Interior Ken
Salazar to make him aware of our situation and request his
support. On May 8, I wrote to Senator Daniel Inouye, Chairman
of the Senate Appropriations Committee, and Chairman David
Obey of the House Committee on Appropriations, requesting $20
million in emergency aid which they were unable to provide in
the supplemental, although I am hopeful that they will be
able to set aside some funds at a later date.''
``On May 14, I held a meeting in my office with officials
from the Employment Training Agency at the U.S. Department of
Labor, and followed up with a letter on the same day
personally thanking Secretary of Labor Hilda Solis for
working closely with my office since May 7, 2009 to find real
solutions for American Samoa's cannery workers. In a letter
dated June 10, 2009 and received in my office on June 17, the
DOL thanked me for my letter and stated the following: `The
DOL's San Francisco Regional Office has been providing
technical assistance to American Samoa on how to submit a NEG
application; however, American Samoa has not submitted a NEG
application as of yet.'''
The DOL also stated: `I can assure you than once the
application is submitted, it will be afforded every
consideration, and your office and the Governor will be
notified as soon as a decision has been made.'
``Regarding the minimum wage issue, it was my office that
contacted Chairman Miller and asked for a delay in minimum
wage increases, and it was my office that informed Senator
Inouye that Chairman Miller and Chairman Kennedy had agreed
to my request for the delay of the fourth increase until
their Committees have a chance to review the GAO report due
in April 2010.''
``Unfortunately, the Governor issued a press release last
week stating that Congress was not supportive of the delay,
and both Chairman Miller and Senator Kennedy's staff went on
record to state that this was not true. Both Chairman Miller
and Chairman Kennedy are supportive of a delay and Senator
Inouye's office informed my office that he will be working to
include our language in the FY2010 Appropriations bill.''
``Also, as a matter of fact, I opposed automatic increases
in minimum wage and from the outset have been united with ASG
officials in calling for an end to automatic increases.''
``Finally, while I do not know what ASG is doing to keep
StarKist in American Samoa or to buy back the cannery from
Samoa Packing at a nominal fee in order to attract other
investors to set up tuna canning operations, my office has
been in discussions
[[Page 16605]]
with StarKist, Bumble Bee, Taiwan, China, and the
Philippines, and I have every intention of continuing
discussions until we find a solution to provide employment
for our workers.''
``While it would have been best if ASG had prepared for
this day and diversified its economy and acted on the
recommendations of the American Samoa Economic Advisory
Commission some seven years ago, what matters most is how ASG
now responds to Samoa Packing's departure.''
``This is why my door will continue to remain open to the
Governor and our Fono leaders, no matter what, and this is
why I will also clarify the record every step of the way. In
response to the Governor's most recent statements to the
press, he stated that I said I was not aware that he was in
Washington. To be clear, what I said was that I was unaware
of who the Governor was meeting with while he was in
Washington.''
``As a matter of record, it was Senator Inouye, not the
Governor, who informed me that the two had met. The only
information I received from the Governor was through his
consultant who left a voicemail with my staff stating that if
I wanted to meet with the Governor, to call and let her know.
My office returned the call and set up a time to meet with
the Governor at which time I invited Chairman Miller's senior
staff and Nik Pula of the OIA to meet with us, and I thought
we had an excellent meeting in my office.''
``Hopefully, we will continue to move forward in a positive
manner and, with the support and prayers of our people, I
remain optimistic that American Samoa will come through this
stronger and better than before.''
``As a final point, I also want to correct the record
regarding Bumble Bee. Up until November of last year, Bumble
Bee was Canadian owned until the U.S. management team
partnered with U.S. Centre Partners to buy the company and
take it private,'' Faleomavaega concluded.
____________________
ALZHEIMER'S
______
HON. MAXINE WATERS
of california
in the house of representatives
Wednesday, December 3, 2014
Ms. WATERS. Mr. Speaker, I thank my colleague from California,
Congressman John Garamendi, for the time, and I congratulate him for
organizing this evening's Special Order Hour on Alzheimer's Disease.
As the Co-Chair of the Congressional Task Force on Alzheimer's
Disease, I know how devastating this disease can be on patients,
families, and caregivers. The Task Force works on a bipartisan basis to
increase awareness of Alzheimer's, strengthen the federal commitment to
improving the lives of those affected by the disease, and assist the
caregivers who provide their needed support.
Alzheimer's disease in the U.S. is at crisis proportions. As our
population ages, the number of persons affected by this brain disorder
are expected to triple by 2050. The costs associated with Alzheimer's
disease and other forms of dementia are also growing at an
unsustainable rate. A recent RAND study of adults ages 70 and older
found that the total economic cost of dementia in 2010 was estimated to
be $109 billion for direct care alone. That is higher than the cost of
both heart disease and cancer. Furthermore, the economic cost of
dementia rises to $159 billion to $215 billion when the cost of
informal care is included.
In the U.S., someone develops Alzheimer's every 67 seconds. According
to recent data, women have a 1 in 6 estimated lifetime risk of
developing the disease at age 65, while the risk for men is nearly 1 in
11. The Alzheimer's Association estimates as many as 16 million
Americans over age 65 could suffer from Alzheimer's by 2050. It is now
the fifth leading cause of death in my home state of California.
Alzheimer's has a devastating impact upon families. Right now nearly
15 million people, mostly family members, provide unpaid care for
individuals with Alzheimer's or dementia, a market value of more than
$220.2 billion. In California alone, about 1.5 million unpaid
caregivers grapple with the tremendous challenges of Alzheimer's
disease or dementia every day. Caregivers include spouses, children,
and even grandchildren. As compared to caregivers for other diseases,
Alzheimer's caregivers disproportionately report being forced to miss
work, reduce work hours, quit their jobs, or change jobs due to
caregiving demands. They are more likely to experience financial
hardship, report health difficulties, experience emotional stress and
suffer from sleep disturbance.
The bipartisan supported National Plan to Address Alzheimer's Disease
calls for a cure or an effective treatment for Alzheimer's by 2025. In
an effort to meet this goal, the Senate Appropriations Subcommittee on
Labor, Health and Human Services, and Education approved a budget for
fiscal year 2015 that calls for an additional $100 million in funding
for the National Institute on Aging (NIA) to expand Alzheimer's disease
research. NIA, along with other institutes at the National Institutes
of Health (NIH), are supporting a number of promising Alzheimer's
disease research projects, including cutting-edge ``prevention'' trials
that are studying whether or not the disease can be prevented or slowed
substantially by administering treatments earlier in the disease
process.
I am urging the leaders of the House Appropriations Committee to
include at least the additional $100 million for the NIA in the final
budget package for FY 2015. This modest increase in Alzheimer's
research funding will provide vital resources to support meritorious
Alzheimer's disease research projects. This action will also
demonstrate further resolve in support of our national priority of
eradicating this insidious brain disorder.
The Senate Appropriations Subcommittee on Labor, Health and Human
Services, and Education also included language directing NIH to submit
a professional judgment budget for Alzheimer's disease research. As a
cosponsor of the Alzheimer's Accountability Act (H.R. 4351), I believe
that unfiltered information specifying the resources necessary to meet
the goals and objectives laid out in the National Plan would provide
Congress with a valuable tool for setting research and service
priorities.
I also plan to urge the President to include robust funding for
Alzheimer's research and caregiver support services in his fiscal year
2016 budget, which the President will be submitting to Congress early
next year. Increased funding for Alzheimer's programs will allow us to
meet these challenges head on and enhance our chances of meeting the
goals articulated in the National Plan.
As we continue to search for a cure, our nation is at a critical
crossroads that requires decisive action to assure the safety and
welfare of the millions of Americans with Alzheimer's disease and
dementia. Together, let us commit to take every possible action to
improve treatments for Alzheimer's patients, support caregivers, and
invest in research to find a cure for this disease.
Once again, I thank my colleague from California for organizing
tonight's Special Order.
____________________
ELEVATIONS CREDIT UNION
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Wednesday, December 3, 2014
Mr. PERLMUTTER. Mr. Speaker, I rise today to recognize Elevations
Credit Union as a recipient of the 2014 Malcolm Baldrige National
Quality Award. This award is the nation's highest Presidential honor
recognizing excellence in innovation, improvement, and visionary
leadership.
Elevations, based in Boulder, Colorado, is one of only four
organizations in the U.S. to receive the honor this year. Even more
impressive, Elevations is the first credit union ever to win this
prestigious award.
Established in 1952, Elevations is one of the largest and most
successful credit unions providing a wide range of exceptional
financial products and services. Along with banking services,
Elevations connects with its community by providing grants and giving
programs, supporting educational opportunities, delivering affordable
housing in the Colorado area, and protecting the environment. Since
1999, they have been recognized as one of Boulder County's top
financial institution, underscoring their commitment to the community.
Mr. Speaker, it is my privilege to congratulate Elevations Credit
Union for their accomplishment as a 2014 Malcolm Baldrige National
Quality Award recipient and commend them for their dedication to
providing extraordinary services to Colorado.
____________________
RECOGNIZING OSAN CITY'S EFFORTS TO HONOR THE U.S. SOLDIERS OF TASK
FORCE SMITH
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Wednesday, December 3, 2014
Mr. RANGEL. Mr. Speaker, I am proud to recognize the continuous
efforts of The City of Osan in South Korea, to honor the men of Task
Force Smith, the first American unit to engage North Korean troops in
July of 1950, following the immediate outbreak of the Korean War on
June 25, 1950. As an artillery operations specialist in the all-black
503rd Field
[[Page 16606]]
Artillery Battalion in the 2nd Infantry Division, I arrived in Pusan,
South Korea, in August of 1950, shortly after Task Force Smith
valiantly held back the North Korean assault and made it possible for
my unit to eventually begin moving north as the U.N. Forces advanced
deep into North Korea.
The City of Osan, Kyung-gi Province and the Korean Government, with
the help of former U.S. Congressman Jay Kim, are planning to construct
a memorial park at the site of the Battle of Osan to honor the troops
of Task Force Smith and all the other forces from the participating
U.N. nations that fought to protect South Korea from the communist
invasion.
The Task Force Smith Memorial Park will encompass some twelve acres
along the road where a hastily organized force of 540 Americans dug in
on July 5, 1950 to slow the advance by a larger, better equipped force
of North Korean tanks and infantry. Some 181 Task Force members were
killed, wounded, taken prisoner or counted missing in action, but they
were able to delay the North Korean advance while other U.S. and Korean
units prepared defensive positions. The Memorial Park will include
walking paths, historical markers, statues, pavilions and 540 pine
trees, one planted for each of the soldiers of Task Force Smith.
This past July 3, former Congressman Jay Kim, his wife, Jennifer Ahn,
along with four Task Force Smith veterans and their family members
traveled to Korea to participate in the 59th annual ceremony to
commemorate the U.N. Forces First Battle Memorial. Those in attendance
were: John H Sanchez (52nd) from Waukesha, WI, William C Coe (B co)
from Cohoes, NY and daughter Suann M. Ingle, Norman Matthews (C co)
from Dexter, MN and his wife Lindy Matthews, Charles Fronapfel (MED co,
POW) from Lakewood, CO and son Lee Charles Fronapfel, and Lisa Gay
Sholl in honor of her father, Norman Fosness (B co) of Fargo, ND.
According to Osan City, the museum was built in 2013 to remember and
honor the brave soldiers of Task Force Smith. Now they want to expand
and include a memorial park to provide a place for Korean children to
learn and carry forward this special memory and a special appreciation
of the friendship between the United States and the Republic of Korea.
Osan is an especially important place to remember the sacrifice and
dedication of our American troops. At this site some 540 young
Americans, ill-prepared and ill-equipped, were thrown into battle
against tremendous odds on behalf of a people and a nation they barely
knew.
The relationship between our two countries is a precious one that
will continue to grow. It is amazing that after all these decades,
Korea and the Korean people have never stopped thanking us. Korea will
always have a place in my heart as it does in the hearts of all U.S.
veterans who have served then and those who serve now.
____________________
HONORING NATIONAL ACADEMY OF ENGINEERING ON ITS 50TH ANNIVERSARY
______
HON. RUSH HOLT
of new jersey
in the house of representatives
Wednesday, December 3, 2014
Mr. HOLT. Mr. Speaker, I rise today to celebrate the 50th Anniversary
of the founding of the National Academy of Engineering.
The NAE was founded in 1964 and immediately made its mark. It was
soon advising NASA how to organize the design and operation of the
Space Shuttle, where the NAE provided guidelines for technology and
operations that help launch the craft into space.
The NAE's record of accomplishments continued in the 1970s. In a
study commissioned by the Port Authority of New York, the NAE came up
with some of the first solutions for airport noise, which continue to
benefit all of us even to this day.
In 1973, the NAE helped warn us of the effects of ultraviolet
radiation from the sun.
In 1974, the Academy provided us with some of the first important
scholarship on the adverse health effects of air pollution, and the
costs and benefits of controlling auto emissions.
In the years and decades that followed, the National Academy of
Engineering continued to pioneer new solutions to some of our nation's
most pressing problems. Nothing highlights this better than the
instrumental role NAE played in drafting the landmark report, Rising
Above the Gathering Storm. This 2007 report described a nation at risk
of falling behind our competitors: not educating our children in
science, technology, engineering, and mathematics; not inventing at the
same pace as other nations; and not producing new jobs in high-
technology fields. The report was a call to action, and while its
vision still needs to be fulfilled, it captured the attention of
scientists, economists, think tank experts, government officials, and
lawmakers. Led by Norm Augustine, the Chair of the NAE Council, the
message of that report remains a compelling call for Congress to
recognize how science and engineering can move us toward economic
security.
And so, Mr. Speaker, I urge Members to join me in celebrating the
National Academy of Engineering, its accomplishments, and to
congratulate them on 50 years of service to the nation.
____________________
PASSING OF MAYOR MARION BARRY
______
HON. BARBARA LEE
of california
in the house of representatives
Wednesday, December 3, 2014
Ms. LEE of California. Mr. Speaker, I rise in remembrance of Mayor
Marion Barry, and my heart and prayers go out to his family, friends,
and to the entire city of Washington, D.C.
Mayor Barry was truly Washington's ``Mayor for Life.'' He devoted his
life to social justice and equality and bettering the lives of
Washington D.C.'s residents.
I had the honor of knowing and working with Mayor Barry for many
years, as a Member of Congress and as a congressional staffer for
Congressman Ron Dellums.
Mayor Barry was born in Itta Bena, Mississippi and would go on to be
the first chairman of the Student Nonviolent Coordinating Committee.
As SNCC Chairman, he played a critical role in organizing the
grassroots efforts that would make the Civil Rights Movement a success.
Later, as a Councilman and Mayor of Washington, D.C., he continued to
be a tireless champion for equality and justice.
Mayor Barry will be greatly missed by all and his absence will be
felt by many here in Washington, D.C.
____________________
LEGISLATIVE HISTORY ON PASSAGE OF MINIMUM WAGE DELAY AFFECTING AMERICAN
SAMOA
______
HON. ENI F. H. FALEOMAVAEGA
of american samoa
in the house of representatives
Wednesday, December 3, 2014
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to include, for
historical purposes, information about the passage of a minimum wage
delay in 2010 affecting American Samoa.
[Press Release, Sep. 27, 2010]
Faleomavaega Thanks Senator DeMint for Allowing Minimum Wage Delay to
Move Forward by Unanimous Consent
Congressman Faleomavaega announced today that he is
thanking U.S. Senator Jim DeMint for agreeing to allow H.R.
3940, which includes minimum wage delays for American Samoa
and CNMI, to move forward by Unanimous Consent (UC).
H.R. 3940 was originally introduced in the House by
Congresswoman Madeleine Bordallo and cosponsored by the
Delegates to clarify the authority of the Secretary of the
Interior to extend grants and other assistance to facilitate
political status public education programs for the peoples of
the non-self-governing territories of the United States. It
was modified in the Senate to include language to delay
minimum wage increases in American Samoa and the Commonwealth
of the Northern Mariana Islands.
``As I explained in my press release of August 6, 2010,
H.R. 3940 was modified and hot-lined in the Senate. The hot-
lining process is an informal term to describe the procedure
whereby the Leaders inform Senators of their respective party
caucus about changes to the floor schedule and/or proposed
business. Part of the hotline is also to inform Senators of
any unanimous consent (UC) requests the Leaders intend to
eventually make on the floor. It is a way of clearing
legislation by all Senators so that it can actually move to
the floor and be called up, read for a third time, and passed
by UC.''
``H.R. 3940 cleared the hot-line process for the Democrats.
But, the Republicans did not have time to review the bill
before Congress went out of session for the August recess.
When Congress returned in September, a hold was placed on
H.R. 3940 by two Republican Senators. One Republican lifted
his hold and the other, U.S. Senator Jim DeMint of S.C., kept
his hold in place.''
``Since September 20, 2010, my office has been in direct
contact with Senator DeMint's
[[Page 16607]]
office and by the early morning of Tuesday, September 21,
2010, Senator DeMint's office informed my office that they'd
be happy to let our minimum wage provision pass separately,''
Faleomavaega said. ``I did not announce this publicly because
Senator DeMint's office informed my office that the Guam
provisions were a non-starter for them and, in fairness to
Ms. Bordallo, I wanted to give her every opportunity to work
out her provisions without bringing media attention to the
issue.''
``Given the sensitivities surrounding the minimum wage
issue for both Republicans and Democrats, I also did not want
to jeopardize the outcome for American Samoa. In fairness to
Senator DeMint, he also has every reason to seek federal
minimum wage delays in South Carolina because he represents
rural communities that are also struggling to survive. But I
am deeply appreciative that he stood by American Samoa in our
time of need and he has my personal assurances that I will
stand with the people of South Carolina should he ever need
my help and if I'm ever in a position to help him.''
``I also want to personally thank Senator Jeff Bingaman,
Chairman of the Senate Committee on Energy and Natural
Resources, and Senator Lisa Murkowski, Ranking Member. As a
result of their leadership and commitment to this process,
they have hopefully given the American Samoa Government the
time it needs to put together a plan of action to diversify
its economy.''
``Finally, I thank Governor Togiola for his attempts to
help. Although Senator DeMint had already informed my office
that he would let the minimum wage provisions pass
separately, I know Governor Togiola had his heart in the
right place by also reaching out to Senator DeMint.''
``Tomorrow, H.R. 3940 will be hot-lined again and,
hopefully, this time we will clear all holds and delay the
next scheduled increases by September 30, 2010. While I have
mixed emotions about this because I want our workers to
continue to be paid fair wages, I am thankful that our
workers have received a $1.50 per hour increase since minimum
wage increases were mandated in 2007. As our economy
stabilizes and ASG diversifies, I am hopeful that we will
revisit this issue in 2012.''
``Again, I thank all those who have been involved and I am
also pleased that Congresswoman Bordallo was able to work the
compromises she needed for Guam. She and Senator DeMint's
office reached their agreement this evening and Senator
DeMint informed our offices accordingly. This is why we are
able to now speak publicly and inform our constituencies that
Senator DeMint has now released his hold and is allowing H.R.
3940, as revised, to move forward by U/C.''
However, we still must clear the hot-line process again but
I remain hopeful that this will happen before September 30,
2010,'' Faleomavaega concluded.
____
[Press Release, Sep. 28, 2010]
Senate Passes Minimum Wage Delay by Unanimous Consent
Congressman Faleomavaega announced today that he is
thanking U.S. Senate Majority Leader Harry Reid, Senator Jim
DeMint (R-SC), Senator Tom Coburn (R-SC), Senator John McCain
(R-AZ), Senator Jeff Bingaman (D-NM) and Senator Lisa
Murkowski (R-AK) for the support and assistance they provided
his office in passing H.R. 3940 which includes a Sense of
Congress regarding political status education in Guam and
language to delay minimum wage increases in American Samoa
and the Commonwealth of the Northern Mariana Islands (CNMI)
until such time as these economies can be stabilized.
The language delays minimum wage in American Samoa in 2010
and 2011, and in CNMI in 2011. ``Because H.R. 3940 was
modified by the Senate, it must now come back to the House
for consideration and final passage, hopefully by voice
vote,'' Faleomavaega said.
``By way of separate letters, both Congressman Sablan and I
have made our House leadership aware of this legislation and
have asked for Speaker Pelosi, Leader Hoyer, Chairman Miller
of the Education and Labor Committee, and Chairman Rahall of
the Natural Resources Committee to schedule action on H.R.
3940 before Congress adjourns and before the next scheduled
minimum wage increase is due to go into effect in American
Samoa on September 30, 2010.''
``Successfully passing this legislation in the Senate has
been a long and difficult journey with many twists and turns
along the way and it took the cooperation of both parties to
get this done. Senator DeMint and Senator Coburn both
expressed concerns and placed holds because they, too, have
legitimate concerns about the economies of their districts
and, in fairness, also want to seek minimum wage delays in
the rural communities that they represent.''
``I fully understand their concerns and my heart is also
with their people. Both Senators have my assurance that I
will help them in any way I can, now or later, if I am ever
in a position to do so. Since September 20, 2010, my office
has been in direct contact with Senator DeMint's office
explaining American Samoa's unique situation. By Tuesday
morning, September 21, 2010, Senator DeMint's office informed
my office that they'd be happy to let our minimum wage
provision pass separately. However, because Senator DeMint's
office informed my office that the Guam provision was a non-
starter for them, I did not announce Senator DeMint's
decision at that time. In fairness to Ms. Bordallo, I wanted
to give her every opportunity to work out her provisions
without bringing media attention to the issue.''
``Yesterday, Senator DeMint and Guam worked out their
differences and last night I issued a release publicly
thanking Senator DeMint for releasing his hold. Today,
Senator Coburn placed a hold. After discussions with my
office, he agreed to release his hold and I want to thank him
and also Senator McCain's office for weighing in on our
behalf.''
____
[Press Release, Sep. 29, 2010]
House Passes Minimum Wage Delay for American Samoa on Anniversary of
Tsunami; H.R. 3940 Now Awaiting President's Signature
Congressman Faleomavaega announced today that the House
overwhelmingly passed by a vote of 386 to 5 the Senate's
revised version of H.R. 3940 which includes language to delay
minimum wage increases in American Samoa for 2010 and 2011,
and in the Commonwealth of the Northern Mariana Islands
(CNMI) for 2011. The bill passed the Senate last night by
Unanimous Consent (UC) and is now awaiting the President's
signature.
``First and foremost, I want to thank the people of
American Samoa, especially on this day when we pause to
remember those we lost as a result of the massive tsunami
that struck our islands last year on this very day,''
Faleomavaega said. ``While I wish I did not have to speak of
other matters on this somber occasion, the reality is one day
after American Samoa was struck by a tsunami, Chicken of the
Sea closed its operations in the Territory, displacing over
2,000 workers whose jobs were outsourced to Thailand where
workers are paid $0.75 cents and less per hour to clean
fish.''
``Given that more than 74% of American Samoa's private-
sector workforce has been almost entirely dependent on the
tuna fishing and processing industries for more than 50-years
and considering that more than 80% of our private-sector
economy has hinged, directly or indirectly, on the operations
of only two tuna processors, Chicken of the Sea and StarKist,
Chicken of the Sea's closure was devastating, especially in
the aftermath of a tsunami from which we have not fully
recovered.''
``With Chicken of the Sea's closure and increased
competition from Thailand, American Samoa's economy has not
been able to absorb the rapid minimum wage increases mandated
by federal law. While I supported a one-time increase of
$0.50 cents per hour, I urged my colleagues to consider
American Samoa's remote location and the single-industry
status of our economy before mandating further increases.''
``At my request, Congress directed the U.S. Department of
Labor to conduct a study regarding the impact of past,
present and future minimum wage increases on the economies of
American Samoa and CNMI. When the DOL released its report,
Congress mandated that a new study be conducted by the GAO.
The GAO released its report in April 2010 at which time
Congress agreed to take action.''
``However, legislation to delay minimum wage has been
stalled and I am fully aware that Republicans who represent
rural communities face similar challenges as us. But I am
deeply appreciative that many Republicans chose to stand with
American Samoa in our time of need.''
``Because American Samoa does not have a vote on the House
floor and has no representation in the Senate, it has always
been my policy to work with both parties in good-faith, and I
am grateful that both parties have stood with the people of
American Samoa when we needed them most.''
``Once more, I thank Senator DeMint of S.C., Senator Tom
Coburn of Oklahoma, and Senator John McCain of Arizona who
lifted their holds in the Senate and lent their support.
Without their support, this legislation would not have moved
forward.''
``I also thank Senate Majority Leader Harry Reid who made
this legislation one of his highest priorities yesterday. As
a result of his leadership and once the Republicans cleared
their holds, Senator Reid made certain that H.R. 3940 was
brought to the Senate floor for UC.''
``Today, the House also acted quickly and I thank Majority
Leader Steny Hoyer for making this happen. He and his staff
got H.R. 3940 placed on the suspensions calendar and
supported us every step of the way, and somewhere in the
middle of it all, Majority Leader found the time to
personally call and let me know he was able to get this
done.''
``I also want to thank Republican Leader John Boehner who
also agreed to place H.R. 3940 on the suspension calendar. In
this political climate, Republican Leader Boehner could have
opposed and objected, but he did not. Instead, he supported
the people of American Samoa, and I am grateful for his
support.''
``I also want to personally thank Republican Congressman
Doc Hastings who serves as the Ranking Member of the House
Committee on Natural Resources and Ranking
[[Page 16608]]
Member John Kline of the House Committee on Education and
Labor. Both agreed to let H.R. 3940 move to the House Floor,
although they had every right to hold it since the bill only
arrived late last night from the Senate.''
``I also thank Congressman Jeff Flake (R-AZ). Congressman
Flake and I serve together on the Natural Resources Committee
and the Committee on Foreign Affairs. Congressman Flake is
personally acquainted with the needs of the Territories, and
he worked side-by-side with me to see this through, and I
appreciate his support and friendship.''
``I also thank Speaker Pelosi and Chairman George Miller of
the House Committee on Education. Their support was critical.
Without them, this legislation would have failed. On behalf
of the people of American Samoa, I thank them for their
help.''
``Finally, I thank Congresswoman Madeleine Bordallo and
Congresswoman Donna Christensen. They have been with me from
the very beginning of this long and difficult journey and
their support has been unwavering. They are true friends.''
``I appreciate both the House and Senate which have come
together to get this done. I have every confidence that
President Obama will sign this into law and I hope that the
American Samoa Government will now use these delays to begin
the serious process of diversifying our economy. I also hope
that by 2012 our economy will be able to sustain another
increase so that our workers can continue to be paid wages
comparable with the increases in the cost of living.''
``Again, I thank everyone who has been involved in this
process including staff from the Senate and House. Once more,
my heart goes out to the victims of last year's tsunami and
my prayers are joined with yours,'' Faleomavaega concluded.
____
[Press Release, Sep. 30, 2010]
President Obama Signs Minimum Wage Delay Into Law
Congressman Faleomavaega announced today that President
Obama signed H.R. 3940 into law. As a result, minimum wage
increases in American Samoa will be delayed for 2010 and
2011. The issue of future increases will be revisited in 2012
based on the findings of a GAO study to be completed by 2011.
``In previous press releases and on behalf of the people of
American Samoa, I have publicly thanked Senator Jeff Bingaman
(D-NM), Senator Lisa Murkowski (R-AK), Senator Daniel K.
Inouye (D-HI), Senator Jim DeMint (R-SC), Senator Tom Coburn
(R-OK), Senator John McCain (R-AZ), Senate Majority Leader
Harry Reid (D-NV), Speaker Nancy Pelosi (D-CA), House
Majority Leader Steny Hoyer (D-MD), House Republican Leader
John Boehner (R-OH), Chairman George Miller (D-CA) and
Ranking Member John Kline (R-MN) of the House Committee on
Education, Chairman Nick Rahall (D-WV) and Ranking Member Doc
Hastings (R-WA) of the House Committee on Natural Resources,
Congressman Jeff Flake (R-AZ), Congresswoman Madeleine
Bordallo (D-GU), and Congresswoman Donna Christensen (D-VI)
for their leadership and support on the successful passage of
H.R. 3940,'' Faleomavaega said. ``Without the support of
these key leaders, we would not have been able to pass this
legislation which is necessary for stabilizing our economy.''
``Without the prayers of our people, I also do not believe
this legislation would have passed the House or Senate. The
Senate passed the bill by Unanimous Consent (UC). The House
passed H.R. 3940 by a vote of 386 to 5. The overwhelming
support we received from both Republicans and Democrats in
the House and Senate is a testament to the prayers of our
people, and I could not help but note that the final vote
took place on the one-year anniversary of the tsunami that
claimed the lives of those we loved.''
``The final vote was the final vote before Congress went
out of session. There is no doubt in my mind that God has
heard and answered our prayers.''
``At this time, I want to thank House and Senate staff who
worked behind the scenes to make this happen including Terry
Lierman, Barry Jackson, Steve Stombres, Jody Calemine,
Barrett Karr, Todd Young, Anne Thorsen, Al Stayman, Isaac
Edwards, Bob Greenawalt, Bret Bernhardt, Marie Blanco, Jim
Zoia, Nick Matiella, Clay Lightfoot, Kimberly Wallner, Ed
Corrigan, Jed Bullock, Matthew Hermann, John Whitt, Alexis
Covey-Brandt, Austin Burnes, Bob Schwalbach, Brian Modeste,
Nikki Bullock, Colleen Gilbert, Bonnie Bruce, as well as my
personal office staff and many others.
``Finally, I thank President Obama for signing this bill
today, and I appreciate the support that Nik Pula, Director
of the Office of Insular Affairs at the U.S. Department of
the Interior, provided in making White House staff aware that
the bill was coming over from the U.S. House of
Representatives for signature. I also thank Alejandro Perez
at the White House for working closely with my office to
bring this to the attention of the President so that our
deadline for signature would be met.''
``Also, I would be remiss if I did not thank StarKist. I
especially want to thank Chairman Kim Jae-chul of the Dongwon
Group for his patience and support throughout this long and
difficult process. As owner of StarKist, he could've moved
his operations elsewhere, but he has not, and I thank him for
his commitment to the people of American Samoa.''
``I also thank and appreciate Mr. Don Binotto, President
and CEO of StarKist. I know that Don's heart is with our
people and he is proven over and over again that he is doing
everything he can to keep StarKist in American Samoa. Mr.
Binotto and Chairman Kim have my personal assurances that I
will continue to stand with StarKist and do all I can to
level the playing field so that we can maximize and protect
the jobs of our local cannery workers who cannot fairly
compete against workers that are paid $0.75 cents and less
per hour in Thailand.''
``Once more, I thank our people, the Governor and also the
American Samoa Legislature, and everyone who has been a part
of this important effort,'' Faleomavaega concluded.
____________________
IRS PROTECTS FAMOUS DEBTORS
______
HON. JOHN J. DUNCAN, JR.
of tennessee
in the house of representatives
Wednesday, December 3, 2014
Mr. DUNCAN of Tennessee. Mr. Speaker, my chief of staff, Bob
Griffitts, received an email from a constituent, Mr. Joe Steuer,
regarding Rev. Al Sharpton and his tax debt. I would like for my
colleagues and other readers of the Record to read this email and one
of the news stories about Mr. Sharpton, published in the November 19,
2014, edition of the Long Island, New York, newspaper Newsday, that
explains his tax situation in more detail.
Mr. Sharpton has a national television program, which gives him more
respect than many people feel he deserves. Most people with tax debt
would not be given as much leniency as the IRS is giving Sharpton.
From: Joe Steuer
Sent: Friday, November 21, 2014 11:47 AM
To: Griffitts, Bob
Subject: Al the Elite Sharpton & Taxes
Bob, the tax issue regarding Rev. Al Sharpton strikes a
nerve with me personally as a few years ago I was contacted
by the IRS. I had not filed or paid taxes for 1 year, an
oversight on my part none-the-less I was wrong, admitted my
mistake and paid the back taxes, interest and penalties. I
did ask the IRS employee at the start of the investigation
for consideration as I have never had any issue with the IRS
ever. The request for consideration fell on deaf ears.
Thusly, my reaction to high profile individuals like Rev.
Sharpton is one of disdain which appears to me to be class
warfare, the elites vs. the people.
What efforts are being made to represent the people as well
as holding the ``elites'' to the same standards that the rest
of live by?
For your information, I am going to write to MSNBC and ask
how they condone this blatant disregard of the law? If I do
happen to receive a response I will pass it along to your
office.
I do look forward to receiving a response from Congressman
Duncan.
Joe Steuer.
____
[From Newsday, Nov. 19, 2014]
Sharpton Says He's Working Out Tax-Debt Issues
(By Anthony M. DeStefano)
The Rev. Al Sharpton, responding to new stories about his
tangled finances, acknowledged Wednesday that he and his
civil rights organization still owe back taxes and
significant penalties but asserted that both were up-to-date
in paying their ``current'' taxes. Seeking to put a positive
spin on the issues, Sharpton said he and his National Action
Network have worked out installment payment plans to wipe out
the tax debt.
Sharpton said that the National Action Network owes about
$400,000 in what were unpaid payroll taxes and an additional
$400,000 in penalties--down from about $1.9 million assessed
in 2008. But when asked at a news conference what he
currently owes in personal back taxes, interest and
penalties, Sharpton answered ``I don't know'' and indicated
he might not say even if he had the numbers on hand.
``We are paying current taxes and my current one [taxes],
while keeping up with installments,'' Sharpton told reporters
at Network headquarters in Harlem.
He said he hoped to reduce the balances further through
negotiations. In a story Tuesday, The New York Times reported
that Sharpton at one point had more than $4.5 million in
current state and federal tax liens against him and his for-
profit business.
Sharpton has two businesses, which the Times said face
$717,329 in tax liens. The story said Sharpton personally
faced more than $3 million in federal tax liens and $777,657
in state liens.
An IRS spokesman said he could not legally discuss
individual taxpayer matters. A spokesman for the New York
State Department of Taxation and Finance said Wednesday that
Sharpton had two current personal
[[Page 16609]]
state liens totaling $779,577 and two totaling $457,968 for
one of his private communications firm.
Those balances, including penalties, have actually risen
over the years, the spokesman said. For privacy reasons, the
spokesman couldn't discuss any payment plans. Sharpton
speculated new stories about his taxes were politically
motivated because of his high profile and ties with Mayor
Bill de Blasio and President Barack Obama.
``After negotiations in 2009, there was a signed document
which worked out a payment plan to pay off those [debts],''
said Sharpton, referring to the back federal taxes.
The Network's 2013 federal charitable organization filing
showed the group had income of $4.9 million in contributions
and grants against $5.1 million in expenses. Sharpton was
paid a salary of $241,545.
____________________
ERIK WEIHENMAYER
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Wednesday, December 3, 2014
Mr. PERLMUTTER. Mr. Speaker, I rise today to recognize and applaud
Erik Weihenmayer for receiving the 2014 City of Golden Mayor's Award of
Excellence.
The City of Golden honors Erik for his inspirational pursuit of
climbing, running, skiing, cycling, and kayaking challenges all over
the world. Known for being the only blind man to climb Mount Everest,
Erik co-founded an organization called No Barriers USA, whose mission
is to encourage people to conquer barriers in their own lives. While in
Golden, he dedicates his time to encouraging the community to live a No
Barriers Life, giving speeches at Golden High School, the
Mountaineering Center, Bent Gate Mountaineering, and the Buffalo Rose.
He also donates his time to lead physically-challenged and
underprivileged groups on outings.
I extend my deepest congratulations to Erik Weihenmayer for this
well-deserved recognition by the City of Golden.
____________________