[Congressional Record (Bound Edition), Volume 162 (2016), Part 10]
[Issue]
[Pages 13341-13538]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 13341]]
Volume 162--Part 10
HOUSE OF REPRESENTATIVES--Thursday, September 22, 2016
The House met at 10 a.m. and was called to order by the Speaker pro
tempore (Mr. Webster of Florida).
____________________
DESIGNATION OF SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
September 22, 2016.
I hereby appoint the Honorable Daniel Webster to act as
Speaker pro tempore on this day.
Paul D. Ryan,
Speaker of the House of Representatives.
____________________
MORNING-HOUR DEBATE
The SPEAKER pro tempore. Pursuant to the order of the House of
January 5, 2016, 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.
____________________
ACA IS WORKING
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Illinois (Mr. Quigley) for 5 minutes.
Mr. QUIGLEY. Mr. Speaker, I rise today and ask you to consider where
we were before the Affordable Care Act: premiums were rising three
times faster than wages, eating up much more of Americans' hard-earned
paychecks; millions more families were drowning in medical debt;
Americans had to pay for critical preventive services like flu shots,
yearly checkups, and birth control; many young 20-somethings went
without insurance; your suffering child could be denied coverage due to
a preexisting condition; the so-called ``doughnut hole,'' or gap in
Medicare part D coverage, was forcing many seniors to choose between
buying food to put on the table or livesaving prescription pills; women
were charged more than men for coverage simply for being women;
insurance companies could set annual or lifetime dollar caps on
benefits, sticking American families with the remainder of the bill.
Thankfully, in the 6 years since the ACA was enacted, 20 million
Americans have insurance for the first time in their lives, and the
uninsured rate is the lowest it has been in American history, currently
at 8.6 percent. The ACA has helped 105 million Americans, including
39.5 million women and nearly 28 million children, by preventing
healthcare plans from capping benefits.
We have also seen that the marketplace is working better in States
where elected officials collaborated to implement the ACA rather than
trying to undermine it. In States that chose to expand Medicaid,
insurance rates are an estimated 7 percent lower. In contrast,
Governors and legislatures in 19 States have blocked Medicaid
expansion, even as millions of their lowest income residents go without
insurance coverage.
Unfortunately, over the past few years, it has been popular around
here to say that the ACA is a failure, that it has socialized medicine,
it is driving down the quality of American health care, and that we
need to ``repeal and replace'' it because ObamaCare isn't working. This
mindset is all wrong because, I am happy to report, the ACA is working.
However, faster progress has been prevented due to obstruction and
politics.
Since being signed into law in 2010, my colleagues across the aisle
have voted to repeal all or parts of the ACA over 60 times. This has
prevented funding needed for implementation and necessary fixes to the
law. It is time, once and for all, for Congress to accept the ACA as
the law of the land and begin working to improve the law, not repeal
it.
Now, I understand there are challenges as the law continues to take
deeper roots throughout the healthcare industry. As they prepared for
ACA, some insurance companies set prices too low, and they are now
adjusting them in response; but I want to remind everyone that the
insurance marketplace was dynamic before the ACA and will continue to
be dynamic.
The ACA calls for a more innovative approach to health care, and many
insurance companies have adapted so that they can focus on coordinated
care and care management, for example. When insurance companies were
still able to discriminate based on preexisting conditions, they
excluded or undervalued expensive patients--the same people who had the
most healthcare needs. Now that actual data is available, the market is
undergoing a natural correction to bring prices in line with costs.
It is important to note that shopping on the marketplace has proven
to help all consumers find the best price for coverage. According to
the Department of Health and Human Services, almost half of returning
healthcare.gov consumers switched plans and saved an average of $42 per
month.
I understand that challenges with the ACA remain. That is why HHS is
taking steps to address these problems. Congress has a duty to look for
policy solutions that improve everyone's access to the best care
available and to make that care affordable. There are real ways that
Congress can provide stability to the healthcare marketplace, and I
urge my colleagues to bring some of these solutions to the floor.
I was proud to vote for the ACA, and when the majority is ready to
get serious, I will be proud to vote for commonsense improvements and
reforms to the law. The American public have spoken, and they will not
return to the days before healthcare reform. It is time for Congress to
listen to the American people.
[[Page 13342]]
____________________
SUICIDE PREVENTION AWARENESS MONTH
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Michigan (Mr. Upton) for 5 minutes.
Mr. UPTON. Mr. Speaker, I rise today to acknowledge the fact that
September is Suicide Prevention Awareness Month. This gives all of us a
chance to come together to promote awareness about the issue of suicide
prevention and how we can all help others talk about suicide. For many
families in communities across the country, loved ones are gone far too
soon because of suicide.
Suicidal thoughts and action certainly know no bounds. They affect
people of all ages, races, sexes, and religions. The statistics are
startling. Suicide has become the third leading cause of death among
young people and is the 10th leading cause of death here in the U.S.
Each year, more than 40,000 Americans die by suicide--more than 100 per
day, on average.
A week and a half ago, I was in Kalamazoo's Bronson Park for the
Gryphon Place Suicide Prevention Walk. A beautiful young woman by the
name of Kait stood before a crowd of more than 100 and read a stirring
poem about being bullied and, as a result, how she harbored thoughts of
suicide.
Hearing her deeply personal story certainly broke everyone's heart.
It really did. As a father of two young adults, my thoughts quickly
turned to them and their school experiences. Bullying is a very serious
problem in our schools and can lead to depression, psychological
issues, and, of course, suicide.
When she finished, I followed up with her and told her that she is
not alone. Anyone considering suicide or having suicidal thoughts
should know the same. You are not alone, and there are always help and
options available.
In our communities, we have got to do more to stop bullying the
minute it rears its ugly head. We should do more to reach out to those
vulnerable to suicidal thoughts and tendencies, particularly young
people, as they grapple with the pressures of growing up. We should
also do more to treat mental health issues that can lead to suicide.
Here in the House, we recently were able to pass a very strong
bipartisan piece of legislation sponsored by Dr. Tim Murphy, a member
of the Energy and Commerce Committee, to do just that. We voted to give
a much-needed upgrade to our mental health system and deliver real
reforms that are going to make a difference for folks suffering with
mental health illnesses.
In July, it was advanced through our committee 53-0, and then on the
House floor by a 422-2 vote. This landmark vote marks the most
significant reform to our Nation's mental health programs in decades,
and I was proud to shepherd this important piece of legislation and now
work with the Senate to get it done.
Suicide prevention is deeply personal to me. I don't talk about it
often, but my uncle, my daughter's college roommate, and my son's dear
girlfriend's sister all committed suicide. Those losses have left an
indelible impression on my life.
Suicide is not an issue that can linger in the shadows. We have got
to confront it and the underlying issues behind it together.
I include in the Record Kait's message of hope and inspiration. It
can also be found on my Web site, upton.house.gov.
My (Survival) Story
I tried to start writing my story, but all that became of it
was complicated comparisons and meaningless metaphors.
I thought that's just what I had do, to connect with people.
Tell some confusing story about a lion and a lamb, or a
turtle and a hare with some hidden cliche reworded
moral of a story, explaining how the inferior character
always wins in the end, and people would just get what
I was trying to say.
But, you see, in reality, I didn't know which character I was
supposed to play and so I played someone different
every single day.
You see it's hard to stand up for yourself, when you don't
even know who you are, and in school, if you didn't
define yourself, others had no problem doing it for
you.
So my name tag read Kait, but the names people called me
sounded nothing like that.
slut, queer, trash, worthless, nothing.
I call them names, because that's what I became. At least in
my mind, so it kept me in line.
for seven years in the hall I looked at the ground, I thought
people wouldn't kick me if I was already down.
And if I didn't look up, I couldn't see the mirror, that way
you and I could both pretend I wasn't even there.
And they decided that popcorn looked even better in my hair,
but when I hid in the bathroom stall during lunch, they
said I was throwing up my food.
Which, I was.
because I was too big, too small, too short, too tall, too
skinny, and too fat.
I was big foot and man hands, with gorilla arm hair.
I took up other people's air and might as well go die in a
hole because no one even wants me here.
But that was okay, I didn't want to be here either.
My mom still thinks I fractured my hand from catching it in
the door, but I had the locker slammed on it because if
you cry, that means you're asking for more.
And I didn't know how to face her, or the fact that I was a
failure.
And even though I just graduated, I still feel I owe her
apologies.
for the messages everyday the principal left on her phone,
for the days she had to get me, because I couldn't
drive myself home, for the permanent art work on my
arms that wouldn't ever be hung on fridge, for always
playing too close to the ledge.
Because I couldn't pass math, but I could calculate just how
many pills it took me to get sick without passing out
so I didn't have to go to school the next day.
42.
I'm sorry.
Even once they were done with me, I felt like I owed them an
apology.
Like they could hit me in the face, and I would apologize for
standing in the way of their hand.
There were times I didn't believe I would be here today.
But look at me now, look where I stand,
Never did I realize that my own two hands had to the power to
control my life. or end it.
My own principal, looked at me and said there was nothing he
could do, unless I was seriously hurt.
Like to actually be noticed, I'd have to be dead in the dirt.
Because he thought that even if I walked away crying, as long
as I was still alive and walking, it wasn't his
problem.
His position of power told him he could decide when I was in
pain, but he wasn't the one who had to stand in the
rain.
Look in my eyes, look at my arms, read my poetry, can you
still see me?
I lost myself halfway between my current normalcy and my
makeshift reality.
Drowning in a sea of ideas that unless I became just another
number in data about bullying, that I wouldn't actually
make a difference.
because in a world where we focus on problems like gun
control, we over look the fact that people can cause
just as much damage with their words.
An issue is defined as a topic that can be debated or
discussed, Like the ``issue'' I had with bullying was
something that could be compromised.
Like my own life, was a thing that could be compromised.
It's like if you see a lamb being slaughtered, you just let
it continue, because you too are a lamb, and it very
well could be you.
I think in a way that's kind of the worlds view, like if i
don't change a number or a statistic. There's nothing I
actually went through.
Tell me why no stories ever make the news, about being a
survivor of bullying.
but if my story was told, after I was six feet under, it
would actually mean something.
It doesn't take 50 cents a day, it literally costs nothing to
be a decent human being, or to simply treat each person
like they have some meaning.
they say charity begins at home, but I think that's where the
love should start too because those that know hurt are
the ones that hurt you and my brothers and sisters who
have walked in my shoes, i'm sorry if it gave you
blisters for the longest time I tried to wear a pair
that didn't fit, when I tried to be a she, that wasn't
me.
Bullying is not just a consequence, the effects I still live
with are alive and real, sometimes they are more real
than I feel.
You can not push me under the rug because I am still here.
I am not just another bullying story.
And I am not just my bullying story.
Put a name to my face and call me, survivor.
[[Page 13343]]
____________________
END HUNGER NOW
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Massachusetts (Mr. McGovern) for 5 minutes.
Mr. McGOVERN. Mr. Speaker, I recently had the opportunity to visit
and volunteer at the Philadelphia region's largest hunger relief
center, Philabundance.
Philabundance, a member of the Feeding America network of food banks,
aims to drive hunger out of local communities with an eye toward
eradicating hunger altogether. Each week, Philabundance serves 90,000
people in the Philadelphia area through partnerships with 350 agencies
and food distribution programs. Incredibly, last year alone, they
distributed almost 30 million pounds of food to neighbors suffering
from hunger and food insecurity in nine counties.
I was impressed by the innovative strategies Philabundance employs to
feed hungry people in its region. The Philabundance Community Kitchen
equips those looking to reenter the workforce with valuable life and
kitchen skills, while also providing meals to those in need.
Philabundance also opened the Nation's first nonprofit grocery store
called Fare & Square in Chester, a city that faced a serious economic
downturn due to the loss of manufacturing jobs. Fare & Square provides
affordable and healthy food to the community, as well as discounts to
those who qualify.
Food banks across our country like Philabundance and places like the
Worcester County Food Bank and Food Bank of Western Massachusetts,
which are both in my congressional district, do incredible work to
reduce hunger in surrounding communities. They employ innovative
strategies to fight hunger and increase access to nutritious food for
our most vulnerable neighbors.
But the truth of the matter is we know that food banks and our
charitable organizations can't do it alone. Some in Congress have
proposed cuts and other restrictions to our Federal antihunger and
nutrition programs. We often hear from them that charities, not the
government, should be responsible for eradicating hunger.
Mr. Speaker, I agree that food banks and food pantries and other
charitable organizations are incredible on-the-ground partners in our
effort to end hunger. They are often the first line of defense in
emergency situations. But charities cannot do everything. That is just
a fact.
Charities do face limitations. Many are small and only open on
limited schedules. Most are run with the support of dedicated
volunteers, some of whom have other full-time jobs. Often, these
charities operate out of small places like basements or closets at
houses of worship. Importantly, they rely on donations from members of
the community as a primary source of food to distribute.
Our charities are doing an incredible job on the front lines, but
ending hunger will take a strong partnership between these
organizations and Federal, State, and local governments. For our part,
the Federal Government must continue to invest in our preeminent food
and nutrition programs like SNAP, WIC, and The Emergency Food
Assistance Program, known as TEFAP, just to name a few, and fight any
attempts to cut or weaken them. TEFAP is especially important to our
food banks, as they rely on this Federal funding to serve those in
need.
We know that strong Federal investments in these critical safety net
programs reduce hunger, improve the diets of low-income households, and
save billions of dollars in healthcare costs. So the next time any of
my colleagues try to score political points by demonizing Federal
hunger programs, I ask you to think of these programs and the impacts
they are having on constituents in each of our districts. I urge you to
visit local food banks and charities and see all the incredible work
they are doing to reduce hunger in our communities. Ask these
organizations how the Federal antipoverty programs support their
efforts to bring food to those most in need.
I urge all my colleagues to remember this fact:
Today, in the United States of America, the richest country in the
history of the world, over 42 million of our fellow citizens are
hungry. They are kids, senior citizens, people who can't find work, and
many people who are, in fact, working. They defy stereotypes. But all
of them are our brothers and sisters, and we should care. We should
absolutely do more than we are doing right now to end hunger in
America.
The Federal Government, working with charities and local partners,
has, within its grasp, the power to end hunger now; what we lack is the
political will. Let's at long last create the political will and
guarantee that, in our country, no one ever has to struggle with food
insecurity or hunger. We can end hunger now.
____________________
{time} 1015
MOMENT OF SILENCE HONORING FORMER CONGRESSMAN BILL BARRETT
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Nebraska (Mr. Smith) for 5 minutes.
Mr. SMITH of Nebraska. Mr. Speaker, today I rise in memory of former
Congressman Bill Barrett. He passed away earlier this week in his
hometown of Lexington, Nebraska.
Mr. Barrett devoted his life to service. From his speakership in the
State legislature to the years he spent in Congress, he was known for
being true to his word and bringing people together to get things done.
Serving Nebraskans was his top priority, and his dedication to the
Third District and our State set a lasting example for me and all who
have sought to fill his shoes.
Mr. Barrett was an influential conservative leader and a champion of
agriculture. The Third District is now the top-producing agriculture
district in the country, and we owe much of that to Mr. Barrett's
tireless work.
His former staff have recounted how he would always ask: ``Does this
help the Third District?''
He was a true statesman who sought to serve others rather than
himself. He worked so hard representing the 60-plus counties of the
Third District for the 10 years that he served.
I extend my condolences to Mr. Barrett's wife and tremendous
teammate, Elsie, and their family.
Mr. Speaker, I would like to request a moment of silence.
____________________
CONGRESSIONAL INABILITY TO PASS THE NDAA
The SPEAKER pro tempore. The Chair recognizes the gentlewoman from
California (Ms. Speier) for 5 minutes.
Ms. SPEIER. Mr. Speaker, this is a sage-grouse. I found out that the
sage-grouse have poor eyesight, so they often collide with barbed wire
fences and other obstructions that are difficult to see. And these
collisions are often fatal.
But the sage-grouse looks like a keen-eyed hawk compared to Congress.
That is because the sage-grouse recently collided with the National
Defense Authorization Act, and the nearsighted bird won. Hopefully this
time it won't be fatal.
We were supposed to vote to send the NDAA to the President this week,
but a disagreement between the House and the Senate Republicans about
the sage-grouse got egg all over the deal. That is right, a bill that
authorizes over $600 billion in spending on wartime operations, weapons
acquisition, servicemember benefits, and many other provisions critical
to the defense of our country was taken down by a bird. But unlike the
plane that landed in the Hudson River, Congress doesn't seem to have a
Captain Sully to rescue it from bird-induced mayhem.
Don't get me wrong. The NDAA has many problems. It redirects billions
in critical funding towards a program the Defense Department does not
want. It sidesteps the Bipartisan Budget Act compromise by requiring
supplemental funding just to keep the Pentagon running. It contains a
myriad of poison pill riders, from allowing contractors to engage in
discrimination against the LGBTQ employees, to releasing tens of
thousands of handguns into our communities with no background checks.
[[Page 13344]]
All of these reasons are why I voted against the bill in committee
and on the House floor. Nonetheless, the conference report is a
compromise between the Senate and the House on complex issues ranging
from funding operations against ISIS to military healthcare reform, a
compromise on everything but this pesky bird.
House Republicans stubbornly refuse to remove language that would
prohibit the sage-grouse from being placed on the Endangered Species
List, despite the fact that no one is trying to list it. Placing an
animal on the Endangered Species List is a scientific decision not
within the purview of Congress, and the administration has promised not
to list the bird anyway, thanks to a compromise conservation plan. So
the provision that is holding up the entire bill not only blatantly
prioritizes politics over national security policy, it is legally
meaningless.
I think Speaker Ryan put it best earlier this month when he said that
playing politics over the NDAA is ``shameless, and it threatens more
than five decades of bipartisan cooperation to enact a national defense
bill for our troops. The men and women who defend our country deserve
better.''
Well, Mr. Speaker, then your party is chicken for prioritizing
talking points over national security.
The sage-grouse is such an important issue to House Republicans that
it makes you wonder what they will do next to contain the serious
national security threat. Perhaps we will soon hear calls to build a
wall on the Canadian border to prevent sage-grouse from sending their
chicks across the border, even though some, I assume, are good
hatchlings.
We may then hear about a plan to prevent sage-grouse from entering
the country altogether until we find out what is going on. Maybe the
Republicans will ban sage-grouse mating dances as breeding grounds
for--well, if not terrorism, then, at least more sage-grouse.
But, seriously, colleagues, is this really what our constituents are
most concerned about?
It is time to focus on passing a bill that provides accountability on
defense spending to taxpayers and is in line with the Bipartisan Budget
Act. Our inability to overcome this pointless provision is just further
evidence that this Congress is for or, in this case, against the birds.
____________________
UNHCR'S BASH ISRAEL DAY
The SPEAKER pro tempore. The Chair recognizes the gentlewoman from
Florida (Ms. Ros-Lehtinen) for 5 minutes.
Ms. ROS-LEHTINEN. Mr. Speaker, this week, world leaders are gathering
in New York for the United Nations General Assembly, and throughout
this whole process we are reminded yet again of just how broken the
U.N. system really is.
Nowhere is this more evident than at the U.N. Human Rights Council.
What a misnomer. This body that is supposed to promote and defend human
rights worldwide has become a tool used by human rights abusers. And
the office that provides support to the Council, the Office of the High
Commissioner for Human Rights, OHCHR, is no better, as it is overrun
with an anti-Israel bias and an anti-Israel agenda.
We see this play out each time the Council meets for its Bash Israel
Day--yippee--a day dedicated to permanent Agenda Item 7, the only
agenda item of the Council devoted to a single country, Israel.
This year marks the 10th anniversary of the Council. In those 10
years, Mr. Speaker, there have been over 70 resolutions condemning
Israel and about 65 resolutions for all of the other countries
combined. Seventy on Israel, 65 for every other country. Countries like
China, Russia, Vietnam, Saudi Arabia, Venezuela, and Cuba use the
Council as a way to detract attention from their abuses and play upon
the natural anti-Israel bias at the Council and the OHCHR.
So tomorrow, when the Council meets to discuss Agenda Item 7, it will
be another Bash Israel Day that the administration failed to prevent.
It will be another example of how this administration's influence fails
to protect our friend and ally, the democratic Jewish State of Israel.
Instead of continuing to legitimize this sham of a body, Congress
must withhold all contributions and participation at the Council and to
the OHCHR, and call for the dissolution of the Council. The
administration must press the High Commissioner to denounce Agenda Item
7 and work against the inherent anti-Israel bias of the Council and the
Office of the High Commissioner of Human Rights.
Earlier this year, Canadian Professor Michael Lynk was appointed as
the Special Rapporteur for the Palestinian territories, despite his
obvious bias and conflicts of interest, which we now know he lied about
in his paperwork. This selection was so egregious that Canada's Foreign
Minister from Professor Lynk's home country urged the U.N. to
reconsider his appointment. The administration should echo those calls,
but, instead, it has been silent.
The administration should also lead an opposition to the upcoming
reelection next week of Jean Ziegler as an adviser to the Council.
Ziegler is a notorious puppet of the Castro regime and an avowed
defender of dictators and apologists for Islamic extremist groups and
had no business being elected the first time around, let alone being
reelected.
The Obama administration had an opportunity to block his candidacy
while serving as the coordinator for the Western European and Others
Group this year at the Council, but failed to do so; and now it looks
as if Ziegler's reelection is a done deal, thanks to the
administration's failure to act.
The administration, Mr. Speaker, continues to argue that only by
being engaged and only by being full members of the U.N. can it advance
our interests and protect Israel. Yet, next month, UNESCO is set to
adopt a resolution that seeks to whitewash the Jewish and Christian
religious and historical ties to Jerusalem. And while we might not be
voting members of the full UNESCO body, this administration is an
active member of UNESCO's executive committee, where this resolution
was first approved.
Where was our influence then?
We can't even prevent a resolution that wipes away Jewish and
Christian ties to Jerusalem, despite these being historical facts. It
is very apparent that either the administration has no influence at the
U.N. or the administration has no desire to upset the entrenched and
damaged status quo.
That is why it is up to Congress, Mr. Speaker, to force the change at
the U.N. I urge all of my colleagues to take a long, hard look at the
Human Rights Council as a representation of all that is wrong and bad
with the U.N., and to make reforming the U.N. a priority going forward.
It will be up to us.
____________________
COMMEMORATING THE 1956 HUNGARIAN REVOLUTION AGAINST THE SOVIET UNION
The SPEAKER pro tempore. The Chair recognizes the gentlewoman from
Ohio (Ms. Kaptur) for 5 minutes.
Ms. KAPTUR. Mr. Speaker, I rise to engage in a colloquy with my very
able colleague from Florida, Congressman Dennis Ross. And perhaps as we
begin, we can welcome into our midst the very able Ambassador from
Hungary to the United States, Ms. Reka Szemerkenyi.
Mr. Speaker, I yield to the gentleman from Florida (Mr. Ross).
Mr. ROSS. Mr. Speaker, I thank my good friend from Ohio (Ms. Kaptur)
for yielding. And I do wish to say hello to our good friend from
Hungary, Ambassador Szemerkenyi.
I am grateful, quite frankly, to have this opportunity, Mr. Speaker,
as I rise today to recognize the 60th anniversary of the Hungarian
Revolution and Freedom Fight.
Sixty years ago this October, Hungary stood tall in the shadows of
communism and said: Enough is enough--eleg volt. Hungarian
schoolchildren and college students took up arms against the
totalitarian government and its Soviet policies.
On October 23, 1956, approximately 20,000 protesters convened next to
the statue of General Jozef Bem, a national
[[Page 13345]]
hero of Hungary. Despite orders to disband, protestors tore down a 30-
foot bronze statue of Stalin near the city's Heroes' Square.
The following morning, power was consolidated and a new multiparty
government was formed. The Hungarian Revolution spread like wildfire
throughout the countryside.
On November 1, Prime Minister Imre Nagy announced Hungary's
withdrawal from the Warsaw Pact and a declaration of neutrality.
Embarrassed by the uprising, the USSR sent Soviet tanks and troops
across the Hungarian border. Unfortunately, thousands of Hungarian
civilians were killed, and the communist-backed government in Budapest
was reinstalled.
In the months that followed the Hungarian Revolution, more than
20,000 Hungarians were imprisoned, 229 were executed, and more than
200,000 were forced to flee across the world.
Many of the Hungarians, named ``56ers'' because of the year that this
happened, sought new lives in the United States with the help of
Hungarian Americans, many of whom live in my good friend, Ms. Kaptur's
district.
My own parents were married in the Hungarian Catholic Church, St.
Emeric, also located in Ms. Kaptur's district. And as a child and
grandchild of Hungarian Americans who helped 56ers, I am honored to
sponsor this resolution with my good friend from Ohio in commemoration
of the 60th anniversary of the 1956 Hungarian Revolution.
I would like to thank my Hungarian American Caucus co-chairs: Ms.
Kaptur, Andy Harris, and David Joyce.
Ms. KAPTUR. Mr. Speaker, I thank the gentleman for organizing this
event this morning, and I wish to also say that the 1956 Hungarian
Revolution was a breakpoint historical event that marked a turning
point in the cold war.
It took great courage by those who participated during that
unforgettable period as freedom fighters in Budapest and across that
country stood tall in opposition to the communist-installed Hungarian
people's false government and its Soviet-imposed repression.
{time} 1030
You can travel to Budapest, Hungary, today, and you can see the
bullet holes and the tank markings in some of the old, old buildings in
that country. We know over 2,500 Hungarians died, 20,000 were
imprisoned, and over 200,000 more fled as refugees.
Congressman Ross has referenced certain individuals in my own region.
Some of those refugees came to Ohio, including men like Reverend Martin
Hernady, who ministered his entire life in Ohio serving the Hungarian
diaspora, and the Ujvagi family of Toledo, whose compassion,
patriotism, and genius have meant so much to our community and to me,
personally.
In October and November of 1956, the country at the heart of the
European Continent underwent 3 weeks of political turmoil that shook
the region and exposed the ideological fissures behind the Iron
Curtain.
The movie, ``Torn From the Flag,'' I recommend to all of our
colleagues. It gives people living today a sense of what happened
during that fateful period.
During the 60th anniversary of the 1956 Hungarian Revolution and its
freedom fight, we commemorate tens of thousands of Hungarians who took
to the streets to protest the heavyhanded invasion by the Soviet Union.
Their heroism is legendary, and it has made a difference in world
history. They showed a united front and one that called upon their
government to promote democratic ideals and unification.
This moment in time was encapsulated in a statement by the then-
director of the Hungarian News Agency just before his untimely death in
the revolution. He said: ``We are going to die for Hungary and for
Europe.''
In the years since the 1956 Hungarian Revolution, Hungary has made
progress toward democratic reform and has since become a member of the
European Union and NATO. Its award of Nobel Prizes in every single
scientific and cultural field is a testimony to the talent and to the
abilities of the people of that country.
So like Congressman Ross, as co-chair of the Congressional Hungarian
Caucus, I remain dedicated to continuing channels of cooperation to
further these efforts and to ensure that the principles of the 1956
Hungarian Revolution are fully realized.
I think the Partnership for Peace initiative between our respective
militaries is a foundation stone to build our continuing relationship
forward and support the revolution recognizing this important moment in
world history in the 20th century.
May I say, long live liberty and long live Hungary.
I thank the gentleman, all the members of our Congressional Hungarian
Caucus, and, again, I thank the Ambassador from Hungary for being here
with us today and all of our colleagues for listening.
____________________
FATHER PATRICK RYAN
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Tennessee (Mr. Fleischmann) for 5 minutes.
Mr. FLEISCHMANN. Mr. Speaker, I rise today to remember the life and
work of Father Patrick Ryan.
Father Ryan, the pastor of Saints Peter and Paul's parish in
Chattanooga from 1872 to 1878, was a shepherd who gave his life in
ministering to his flock. He died a martyr's death in the yellow fever
epidemic of 1878 when he was only 33 years old.
Perhaps his most notable accomplishment in the Chattanooga community
was the opening of Notre Dame Academy, under the direction of the
Dominican Sisters, which is the oldest private school in the city. The
school had been in operation for little more than 2 years when it had
to be converted into a hospital and orphanage because of the terrible
yellow fever scourge in the city.
Although many people left the city as the disease spread, Father Ryan
and Jonathan W. Bachman, pastor of the First Presbyterian church, were
among the 1,800 people remaining in the city. They were good friends,
and when Father Ryan was stricken, he was visited by Dr. Bachman.
Father Ryan is described by an eyewitness as ``going from house to
house in the worst infected section of the city to find what he could
do for the sick and needy.'' He continued ministering to his flock,
after he himself had contracted the dreaded disease, to within 48 hours
of his death.
In 1901, when the Chattanooga Council of the Knights of Columbus was
organized, it was named the Father Patrick Ryan Council in honor of the
priest who, by his high ideals, his devotion to duty, his spirit of
sacrifice for his congregation and his city, seemed to exemplify the
aims and purposes of the new order.
Several letters have been written in support of the cause of
beatification and canonization of Father Patrick Ryan, including the
Notarial Act of the Bishop of Knoxville, the Most Reverend Richard
Stika; the letter naming Reverend J. David Carter as Episcopal Delegate
and Promoter of Justice for the Cause of Beatification and
Canonization; and a letter naming Deacon Gaspar DeGaetano as Vice
Postulator for the Cause of Beatification and Canonization.
I believe it is most appropriate to honor a man who sacrificed
himself to provide comfort to the people in Chattanooga who were
afflicted with yellow fever so long ago.
____________________
BLACK LIVES MATTER
The SPEAKER pro tempore. The Chair recognizes the gentlewoman from
California (Ms. Lee) for 5 minutes.
Ms. LEE. Mr. Speaker, I rise today to speak about a crisis in our
communities and our country. I have watched in horror, day after day,
as people of color are shot by the police officers sworn to protect
them.
Now, we all know that the vast majority of law enforcement officers
are committed to serving their communities, and many do incredible work
despite dangerous and sometimes life-threatening conditions. I commend
all of those speaking out and working
[[Page 13346]]
against the injustices of some. Tragically, as we have witnessed in
Dallas and Baton Rouge, innocent police officers have been the victims
of violence as well. However, these tragedies do not change the
underlying reality that our criminal justice system is broken.
Since Michael Brown was shot in Ferguson 2 years ago, 2,195 people
have been killed by police in our Nation. As a mother of two Black men
and the grandmother of five Black grandchildren, I worry that someone I
love could become number 2,196.
Each time we lose a precious life to fear, distrust, and prejudice,
the list of things that will get you killed as a Black person in
America gets a little longer. Today I want to spend a little time going
through that list.
Now you can get killed for going to buy a bag of Skittles, like
Trayvon Martin; or even get killed for riding on New Year's Day, for
instance, in the subway in the Bay Area like Oscar Grant. This is a
subway card. Or maybe you can get killed for selling cigarettes, like
Eric Garner. Or you can get killed for selling CDs, like Alton
Sterling. This is a CD. You can also be killed reaching for your
wallet, like Philando Castile.
It doesn't matter if you are a child. If you are a Black boy, you can
be killed playing with a toy gun. That is a toy gun. Now, that was what
happened to Tamir Rice; he was 12. That is what happened to Tyre King
last week; he was 13.
Or you can be killed for a missing front license plate like Samuel
DuBose.
Heaven help you if you are driving a car. You can be killed for not
signaling a lane change, like Sandra Bland, or for having a broken
brake light, like Walter Scott, or for breaking down on a highway, like
Terrence Crutcher.
Now, should any of this warrant a death sentence? Is this the America
you want to live in? In 2016, when you are Black, too often you are
seen as a threat first and a person second.
When my boys were young, I had some tough conversations with them
about how to interact with police. I taught them that Black boys don't
get the benefit of the doubt. I told them, to some, it doesn't matter
who you are--it just matters what you look like.
I shouldn't have had to have these conversations with them. This is
America. Parents shouldn't have to live in fear that one day they will
have the same call that Michael Brown's mother got, that Sandra Bland's
mother got, that Dontre Hamilton's mother got, or that Oscar Grant's
mother got.
We need action here on the floor of Congress and in communities
across the country. Enough is enough. We cannot stay silent while these
murders continue unchecked. We must act now. That is why, today,
members of the Congressional Black Caucus will march to the Department
of Justice to demand action--because Black lives do matter.
____________________
OPIOID ADDICTION WEEK
The SPEAKER pro tempore. The Chair recognizes the gentleman from West
Virginia (Mr. Jenkins) for 5 minutes.
Mr. JENKINS of West Virginia. Mr. Speaker, opioid and drug addiction
are wreaking havoc in communities and States across the Nation.
Hospitals and first responders are stretched to the limit. Families and
friends are trying to get their loved ones the help they so desperately
need.
The disease of addiction has become all too common in our States and
in our neighborhoods, but it is still hidden behind a stigma, a fear of
asking for help. That is why we are marking this week as Prescription
Drug and Opioid Epidemic Awareness Week, to spread the word and to
encourage those struggling with addiction to get the help that they
need. My district in West Virginia has some of the highest drug
overdose rates in the Nation, but I want to highlight how our cities
and counties are fighting back.
On August 15, my hometown of Huntington faced a true crisis as call
after call came in of people who had overdosed on heroin. It has become
far too common in Huntington for first responders to go out on a few
calls a day for people who have overdosed, but this August day was
unlike any other. Within a few hours, 28 people overdosed, likely from
just one batch of heroin--28 people in 5 hours in a city of less than
50,000 people.
Our first responders--EMTs and police--carry an opioid-reversing drug
and rushed to their aid. Time and time again, they brought people back
from the brink of death. Without the tireless work of the first
responders and our healthcare workers, Huntington would have lost many
more lives.
Possibly the most victimized of all the victims of the drug crisis is
a newborn baby having to suffer through withdrawal after birth from
exposure to drugs during pregnancy. Along with a group of passionate
healthcare professionals and community leaders, a facility called
Lily's Place was opened. For more than a year now, over 100 newborn
babies have received the care they need to get through the effects of
withdrawal.
Another story of a community coming together to combat the drug
crisis is from Mercer County. Mercer County Fellowship Home focuses on
treating men suffering from substance abuse, working to make them
productive members of society again. A current resident said that,
thanks to the help he received there, he now has the confidence to stay
employed and to further his education.
The director of Mercer County Fellowship, Jim McClanahan, said it
best when he told me:
Opiates are ruining and taking lives. We are giving them
opportunities so that no one person or family has to continue
living life scared and feeling as if they don't count or
matter.
Centers like the Mercer County Fellowship Home offer those addicted
to drugs and opioids a chance to change their lives and their
communities.
These are just three examples of how our cities and towns are making
a difference. Sometimes it is our first responders saving lives of
those who have overdosed, giving them an opportunity to get the help
they need, or a caring group of healthcare professionals and community
leaders developing a new model of care so drug-exposed babies can have
the best chance at a healthy start in life. Other times the help comes
in the form of a welcoming group of people who are committed to
recovery.
We can stop the opioid epidemic and heal our cities, our towns, and
our States. In these tough times, we must come together and find
solutions. Here in the House, we have shown what we can do working
together. We passed CARA with overwhelming bipartisan support.
There is hope in West Virginia, and there is hope in the United
States. There is help available for those in need. Together, we can
make a difference.
____________________
{time} 1045
CONGRATULATING MAINE-ENDWELL LITTLE LEAGUE TEAM
The SPEAKER pro tempore. The Chair recognizes the gentleman from New
York (Mr. Hanna) for 5 minutes.
Mr. HANNA. Mr. Speaker, I rise today to congratulate the young men of
the Maine-Endwell Little League team on their outstanding victory at
the Little League World Series championship game.
With an ending score of 2-1, the Maine-Endwell Little League team
triumphed over South Korea to become the first American team to win the
overall title since 2011, and the first New York team to win the title
since 1964. The game was played in Williamsport, Pennsylvania, with a
reported 23,211 people in attendance. It was a perfect ending to Maine-
Endwell's undefeated season of 24-0.
Mr. Speaker, it is with great pride that I recognize the Maine-
Endwell team today, the 2016 Little League World Series champions. On
behalf of the United States Congress, and the 22nd Congressional
District of New York, I congratulate each of you for a job well done.
To the team members--Jude Abbadessa, Billy Dundon, Jayden
[[Page 13347]]
Fanara, James Fellows, Ryan Harlost, Jack Hopko, Michael Mancini,
Jordan Owens, Brody Raleigh, Conner Rush, and Justin Ryan--
congratulations to each and every one of you. To the coaches--Scott
Rush, Joe Hopko, and Joe Mancini--congratulations, again, from a
grateful community and a grateful country.
____________________
LET'S SEE TO IT THAT JUSTICE IS COLORBLIND
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Tennessee (Mr. Cohen) for 5 minutes.
Mr. COHEN. Mr. Speaker, this is a historic week in the United States
as we dedicate and open the National Museum of African American History
and Culture.
It starts with a story of African Americans being brought to this
country as slaves from Africa, not citizens but property, and
considered such until they were freed, some through the Emancipation
Proclamation in 1863, and others through an amendment to the
Constitution. Even after that, they weren't really considered full
citizens, as there was Jim Crow segregation, and that continued for
over 100 years.
Today, we see African Americans are still threatened. I woke up
Tuesday morning to the shocking video of Mr. Crutcher being shot while
his hands were up and on a car, following apparent instructions from
police, and was shot to death. It is one of the most shocking videos I
have seen. There is no way to defend what happened. At best, it was
gross negligence; at worst, it was murder.
This has been happening too often in the United States. I support
police. My first job out of law school was an attorney for the police
department. I worked 3\1/2\ years for the police. I understand their
importance, and I support them. But police who are not well trained are
doing a disservice to their profession and to the United States.
This morning on ``Morning Joe,'' former Congressman Joe Scarborough,
a Republican Member of this House, said two things are necessary in
light of the shootings, and particularly the Crutcher shooting in
Tulsa, Oklahoma. One is body cameras and cameras on all police vehicles
so we can see, as we did in Oklahoma, exactly what occurred. And,
secondly, independent prosecutors, prosecutors from outside the
jurisdiction to see to it that justice is served.
There is a bill in this Congress that Lacy Clay, myself, every member
of the Congressional Black Caucus, and nearly 90 Members of this House
are cosponsors of. That is a bill that will require police training
towards racial sensitivity and understanding of different cultures,
independent prosecutors for States to determine how they would set it
up, and a requirement for States to have independent prosecutors in law
enforcement killings of American citizens. This is necessary for people
to believe and to know that justice is, indeed, blind and justice is
being meted out.
There is no way to look at Tulsa, but to see there was either
inadequate training or there was racial profiling and insensitivity
that ended in the death of Mr. Crutcher.
It is so sad as we open the National Museum of African American
History and Culture to see that African Americans still are not being
treated the same as others in our Nation.
It is not a mere coincidence that every shooting by a police person
videoed has an African American victim. Nobody can say that Mr.
Crutcher was resisting arrest or possibly had a gun or brandished a
pistol. None of those things occurred. He was following instructions.
I ask my Republican colleagues, none of whom are sponsors of my bill,
to consider coming on to the bill. The bill is important for justice in
America. It is important for people to know there is justice. And in
this week, as we look to the National Museum of African American
History and Culture opening and the recognition of rights that people
have, and the understanding that they are human beings and part of
America, who built America, literally built America as slaves and built
this building, we need to go forward and see to it that justice is
colorblind and justice is meted out.
____________________
CHANGING OUR BROKEN SYSTEM
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Wisconsin (Mr. Ribble) for 5 minutes.
Mr. RIBBLE. Mr. Speaker, I rise today to talk about embarrassment.
Next week, the Congress of the United States will once again have to
refer on and go back to funding our Federal Government with an ad hoc
continuing resolution. Federal law requires the Congress of the United
States to pass a budget each year. It requires the Congress of the
United States to pass 12 appropriations bills each year by September
30, which is coming up next week.
I came to Congress in 2011, Mr. Speaker. Since then, we have passed
zero regular order appropriations out of the 72 required by law--zero.
And yet, we have been able to find some way to pass 20 short-term
continuing resolution appropriations bills that have no reforms to
spending, they have no reforms to policy, and we have passed five
2,000-page omnibus spending bills. Somehow we were able to do those two
things, but we weren't able to pass 12 simple appropriations bills to
properly manage the taxpayers' money.
I have heard it said that Americans are disappointed with Congress.
In fact, I am a little surprised that we have an 18 percent approval
rating right now. Maybe we have a lot of family members or some folks
back home who aren't paying attention to what is going on here.
We wonder why out of the $3.8 trillion of taxpayer dollars that we
have received here in the Congress of the United States each year are
not being managed correctly by the only body that can actually manage
it. Why in the world aren't they fixing this problem and passing their
spending bills in regular order in front of the American people where
they can see it and do it instead of these ad hoc spending bills?
Mr. Speaker, each year that I have been in Congress, I have authored
a bill that would change our broken system and begin to fix this system
that doesn't work. I would propose to you that 0 out of 72 is not a
very good batting record. It is called the Biennial Budgeting and
Enhanced Oversight Act. In fact, today, it has 237 cosponsors of the
majority in this House. When I introduced the bill last year, I
introduced it with 108 original cosponsors that signed on with me when
we introduced it.
That represents, by the way, Mr. Speaker, 50 percent of the whole
House of Representatives. It represents 63 percent of the elected
Republican leadership in this House. It represents 29 percent of the
minority party. Fifty Democrats have joined with Republicans and said:
we need to fix this broken system.
Seventy-two percent of the majority party support this reform. Sixty-
eight percent of committee chairmen support this reform. Sixty-seven
percent of subcommittee chairmen support this reform. Sixty-five
percent of the Republican Steering Committee, the leadership of this
House of Representatives, support this reform.
It was referred to the Budget Committee where 56 percent support this
reform. It was also referred to the Rules Committee where 54 percent
support this reform. And yet, there has been no vote on this in the
House. 237 cosponsors represent 168 million American people whose
voices have been squashed and been silenced by our lack of inaction.
Mr. Speaker, I started by saying I want to talk about embarrassment.
I am embarrassed for the Congress of the United States. I am proud of
the effort that has been done here, and I am proud of the people and
Members of Congress who have stood up to finally fix this broken system
and said: enough is enough.
I am proud of Senator Enzi and Senator Inhofe over in the U.S. Senate
trying to advance the same types of reforms there. But I am embarrassed
for the Congress of the United States. I am embarrassed for our
leadership. I am embarrassed because we haven't been
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able to do what is right, even though the majority of us agree that
this is better than what we have, that this is a step forward.
But I want to tell you, Mr. Speaker, what I am more than embarrassed
about. I am disappointed. Because the only people in the country that
can fix this is the Congress of the United States.
Since 1974, when the Budget Act was put in place, the Congress of the
United States has failed to pass its budget and its appropriations
bills required by law every single year for 42 years. They have not
been able to do it on time even once. Some people will argue that this
isn't the best fix and may not be the perfect fix, but I will tell you
right now, Mr. Speaker, it is better than 0 out of 72 for sure.
I call on the Speaker of the House to bring this bill to the floor
and let 168 million Americans finally be heard.
____________________
COLOMBIA-FARC PEACE DEAL
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Florida (Mr. Curbelo) for 5 minutes.
Mr. CURBELO of Florida. Mr. Speaker, in the coming weeks, the
sovereign people of Colombia will decide, in a historic referendum,
whether to approve or reject the agreement reached between the
Colombian Government and the terrorist Revolutionary Armed Forces of
Colombia, commonly known as FARC.
I have made it a priority to hear from stakeholders on either side of
this issue, and I remain concerned about the impact the deal could have
on Colombia, as well as its broader effects on the region, especially
given the drastic increase in coca production in recent years. My
concerns are shared by many Americans of Colombian descent who call
south Florida home, and who I am proud to represent in this body.
Throughout the process, the FARC has demanded immunity, impunity, and
political legitimacy, but we cannot ignore the thousands viciously
murdered by this terrorist organization--people who were innocent
victims and who demand justice that goes beyond special tribunals that
offer relatively mild punishments.
Throughout the decades, the FARC recruited children to serve its
corrupt cause. American citizens were kidnapped and victimized by them.
It is hard to believe that the FARC was an honest partner in the peace
process, and allowing them to participate in the political process has
been viewed as a generous and perhaps dangerous concession.
The Colombian people will be voting on the deal next month after more
than half a century of war. This is a decision exclusively for the
Colombian people to make. However, those of us who cherish the U.S.-
Colombia relationship, who care deeply for Colombia and its future, and
who are privileged to represent many in our country's Colombian-
American community must be sincere and, with respect, express our
concerns, while at the same time renewing our commitment to the strong
partnership between our two nations.
Addressing the Federal Deficit
Mr. CURBELO of Florida. Mr. Speaker, I rise today to discuss one of
the most serious issues facing the United States--the staggering
Federal deficit, which is expected to be one-third larger this year.
According to the Congressional Budget Office, our Federal budget
deficit will be $590 billion, compared with a $438 billion deficit last
year.
Future projections don't appear to be optimistic either, with OMB
reports stating that the deficit will rise to 4.6 percent of GDP by
2026. For comparison, the average deficit as a share of GDP from 1966
to 2015 was 2.8 percent. These figures make it abundantly clear that
Congress must work toward solutions that will address our Nation's
deficit and get our fiscal house back in order.
Every day, families in south Florida sit around the dinner table and
make tough decisions on how they will spend their money. They stick to
their budgets, and their government should be no different.
Last October, I was proud to support a 2-year bipartisan budget
agreement that implemented new caps on discretionary spending for both
fiscal years 2016 and 2017.
{time} 1100
Too often, enormous sums are wasted due to unpredictable budget
cycles and government shutdown threats. With the adoption of this 2-
year budget, Congress was able to reduce wasteful government spending
by providing certainty to agencies as they plan for the future. The
budget also contains real reforms to entitlement programs, which is the
largest percentage of national debt. It is important that we protect
programs like Social Security, Medicare, and Medicaid--the invaluable
safety net for those who need the help--while working to implement
reforms to make these programs solvent for future generations.
Mr. Speaker, I will continue to work with my colleagues on both sides
of the aisle to advance solutions that will reduce our Federal deficit.
It is our duty as elected officials to leave our children and
grandchildren with the same economic opportunities as my generation,
and that is my main priority in Congress.
A ``Better Way'' Agenda
Mr. CURBELO of Florida. Mr. Speaker, I rise to recognize the House
Republicans' Better Way agenda to reform the way Congress does business
by promoting solutions that will benefit Americans across the country.
I am proud to have supported numerous bills within the Better Way
agenda, including two education bills that are expected to pass the
House this week.
The Strengthening Career and Technical Education for the 21st Century
Act, of which I am an original cosponsor, provides students with the
tools to succeed in a variety of fields, including the technology and
healthcare sectors, by simplifying the process of applying for Federal
funds. This legislation also increases transparency, ensuring effective
programs that allow students, teachers, and parents to attain their
goals.
This year, I had the opportunity to serve on the Poverty,
Opportunity, and Upward Mobility Task Force and suggested that we focus
on the most vulnerable in our communities--at-risk youth. I am proud
the Better Way agenda included a plan to reduce poverty for children
and was proud to introduce the bipartisan Supporting Youth Opportunity
and Preventing Delinquency Act. This legislation sets kids up for long-
term success by giving State and local leaders the flexibility to
better meet the specific needs of at-risk children in their
communities.
____________________
ADDRESSING THE MENTAL HEALTH CRISIS IN AMERICA
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Pennsylvania (Mr. Murphy) for 5 minutes.
Mr. MURPHY of Pennsylvania. Mr. Speaker, I include in the Record a
letter from which I am going to read some excerpts. This includes a
letter that we are sending to Majority Leader McConnell and Minority
Leader Reid in the Senate. Let me read a few excerpts from this.
We are asking the Senate to pass the Helping Families in Mental
Health Crisis Act before the district work period break. Delays in
enacting this into law will contribute to more crime, violence,
homelessness, and the daily deaths of 959 Americans as a result of
mental illness.
We know that there is a critical shortage of qualified providers.
There are only 9,000 child and adolescent psychiatrists for 17 million
children, and we need 30,000. African Americans are half as likely to
receive psychiatric care, and for Hispanics with a mental disorder,
fewer than 1 in 11 sees a mental health specialist. Fifty-five percent
of counties in America do not have a practicing psychiatrist,
psychologist, or social worker.
The average time between the onset of the first symptoms of psychosis
and the first treatment is 80 weeks. There is a nationwide shortage of
100,000 psychiatric beds, which means people are often diverted to
jails, are boarded in emergency rooms, or are released without
treatment. There is no oversight,
[[Page 13349]]
monitoring, or enforcement of the 10-year-old parity law, and persons
with eating disorders still cannot get coverage for their treatment.
The Federal Government spends about $130 billion annually by 112
agencies across eight separate departments, but the GAO exposed that
these have nearly no coordination and do not require evidence-based
practices.
In terms of violence, those with untreated psychosis are 15 times
more likely to be violent or not in treatment. With regard to jail,
over 50 percent of those in jail have a mental illness. Mentally ill
inmates cost taxpayers three times more than those without a mental
illness, and individuals with a mental illness are four to six times
more likely to be victims of sexual violence.
With regard to homelessness, over one-third of homeless Americans
have a serious mental illness, and people with serious mental illness
are three times more likely to be in poverty.
Having a serious mental illness is worse for someone's health than is
chronic heavy smoking, and those with serious mental illness tend to
die 10 to 25 years prematurely, meaning over 350,000 Americans will die
this year as a direct or indirect result of mental illness. So far this
year, over 255,000 have died.
H.R. 2646, the Helping Families in Mental Health Crisis Act, is the
most transformational crisis mental health reform bill in 50 years. It
passed the House with near unanimous support on July 16, 2016, with a
vote of 422-2.
It reforms the Federal Government approach to mental health by
establishing the critically important leadership position of Assistant
Secretary for Mental Health and Substance Use Disorders, who must be a
doctor and who will bring accountability, effectiveness, and
coordination to the Federal Government's programs and will develop a
national strategy to increase the mental health workforce.
It increases the number of psychiatrists, psychologists, and
psychiatric nurses to treat serious mental illness. It provides funding
for tele-mental health to increase access in underserved areas. It
provides additional psychiatric beds. It requires the oversight and
enforcement of parity laws and extends coverage to people with eating
disorders.
The Helping Families in Mental Health Crisis Act has been endorsed by
more than 40 professional organizations, by 77 newspapers, and has 207
bipartisan cosponsors.
We write with the vital request that the Senate take up and pass the
Helping Families in Mental Health Crisis Act in order to fix our
Nation's mental health system. It must take priority over any partisan
divide. We, respectfully, ask that the Senate advance this bill to
provide treatment before tragedy and to provide desperately needed and
fully deserved help.
Along these lines, Mr. Speaker, I ask my colleagues to also contact
my office to cosign this letter that pleads with the Senate to please
move this bill quickly so that we don't have to see more tragedy, so
that we can provide treatment, so that we can relieve Americans of this
terrible scourge of mental illness without treatment, and so that we
may provide quick and lifesaving action because, where there is no
help, there is no hope.
Congress of the United States,
Washington, DC, September 22, 2016.
Hon. Mitch McConnell,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Harry Reid,
Minority Leader, U.S. Senate,
Washington, DC.
Dear Majority Leader McConnell and Minority Leader Reid: We
are in the midst of a mental health crisis in America. One in
five Americans will experience mental illness this year.
There are 10 million adults with a serious mental illness
(SMI), but nearly 40% do not receive treatment. The reasons
for this are a critical shortage of qualified providers, a
dearth of crisis psychiatric beds, failed mental health
parity implementation, and most importantly the absence of
strong federal leadership. We are asking the Senate to pass
the Helping Families in Mental Health Crisis Act before their
district work period break. Delays in enacting this into law
will contribute to more crime, violence, homelessness, and
the daily deaths of 959 Americans as a result of a mental
illness. The level of this crisis was learned during the 4
year long House investigation, the major findings of which
are listed below.
Critical Shortage of Qualified Providers
There are 9,000 Child and Adolescent Psychiatrists for 17
million children with a mental health condition, but there is
a need for 30,000;
African Americans are half as likely to receive psychiatric
treatment;
For Hispanics with a mental disorder, fewer than 1 in 11
see a mental health specialist;
55% of counties do not have a practicing psychiatrist,
psychologist, or social worker;
72% of states have a shortage of psychiatric nurses;
Over the last decade the total number of physicians has
increased by 45% but the number of psychiatrists has only
increased 12%;
The average time between onset of first symptoms of
psychosis and first treatment is 80 weeks.
Dearth of Psychiatric Crisis Beds
There is a nation-wide shortage of 100,000 crisis
psychiatric beds;
In 1955 there were 550,000 psychiatric beds, but today
there are only 40,000;
Only one state (Mississippi) has enough beds to meet the
minimum standard;
When patients are in crisis they are often diverted to
jails, boarded in Emergency Rooms, or released without
treatment.
Parity
It has been nearly a decade since parity became law, yet
there is no oversight, monitoring or enforcement;
Americans with eating disorders still cannot get coverage
of their treatment.
Failed Federal Leadership
In the area of mental health, the federal government spends
$130 billion annually by 112 agencies across 8 separate
departments;
In a stunning and groundbreaking report the GAO exposed
that federal mental health programs have nearly no
coordination, few evaluations, and four out of five do not
require evidence-based practices;
55% of Medicaid funding goes to 5% of the Medicaid
population and nearly all of those patients have a mental
health condition.
Violence
While individuals with a mental health condition are NOT
more violent than the general public, those with untreated
psychosis are 15 times more likely to be violent when not in
treatment;
80 percent of violent acts committed by those with
untreated psychosis are attributable directly to their
illness.
Criminal Justice
Of those Americans in local jails 64% have mental illness,
56% in state prison, and 45% in federal prison;
Mentally ill inmates cost taxpayers three times more than
those without a mental illness;
Incarcerating someone with a mental illness is 20 times
more expensive than community treatment;
Over 70% of people in jails with serious mental illness
also have a substance use disorder;
Individuals with a mental illness are 4 to 6 times more
likely to be the victim of sexual violence.
Homelessness and Poverty
Over one-third of Americans experiencing homelessness have
a serious mental illness.
People with serious mental illness are three times more
likely to be in poverty.
Preventable Deaths
Having a serious mental illness is worse for someone's
health than chronic heavy smoking;
Those with a serious mental illness die 10-25 years
prematurely;
There are 43,000 suicides, and 90% of those suicides have
mental illness as a contributing factor;
350,000 Americans die each year as a direct or indirect
result of a mental illness.
H.R. 2646
The Helping Families in Mental Health Crisis Act, the most
transformational crisis mental health reform bill in 50
years, passed the House with near unanimous support on July
16, 2016 by a vote of 422-2. Our legislation delivers
treatment before tragedy and fixes the problems above
identified by the House investigations. The legislation:
Reforms the federal government approach to mental health by
establishing the critically important leadership position of
Assistant Secretary for Mental Health and Substance Use
Disorders (who must be a doctor) to replace the Administrator
of the Substance Abuse and Mental Health Services
Administration;
The Assistant Secretary will bring accountability,
effectiveness, and coordination to the federal government's
112 mental health programs, and develop a national strategy
for increasing the mental health workforce;
Increases the number of providers for SMI by supporting
postdoctoral psychologists, authorizing minority fellowships,
allowing doctors to volunteer at federally qualified
community health centers, and provides funding for tele-
mental health to increase access in underserved areas;
[[Page 13350]]
Provides additional psychiatric hospital beds for those
experiencing an acute mental health crisis and in need of
short term immediate inpatient care for stabilization;
Requires oversight and enforcement of parity and extends
parity coverage to eating disorders;
Establishes a National Mental Health Policy Laboratory to
set objective and scientific outcome measures for mental
health spending;
Authorizes the Suicide Prevention Hotline;
Incentivizes states to provide community-based alternatives
to jails, prisons, and institutionalization.
The Helping Families in Mental Health Crisis Act is the
product of years of collaboration between dedicated members
of Congress, as well as numerous organizations, who came
together to offer feedback and suggestions. The bill has also
been endorsed by more than 40 professional organizations, 77
editorial boards and newspapers, 207 bipartisan Members of
Congress, and hundreds of individual physicians, patients,
and families.
Given the urgency of the mental health crisis in America,
we write with the vital request that the Senate take up and
pass the Helping Families in Mental Health Crisis Act before
you break for district work period. We understand the nature
of the short schedule during the month of September, but we
maintain that fixing our nation's mental health system must
take priority over scheduling or any partisan divide. We know
that every day more than 900 lives are lost in our nation
due--directly or indirectly--to mental health. That
translates to over 70,000 preventable deaths since the House
passed H.R. 2646 in July.
At a time when thousands of lives are on the line, delays
and politics cannot overrule compassion and common sense. We
respectfully ask you to advance this bill to provide
treatment before tragedy, and H.R. 2646 will provide
desperately needed, and fully deserved, help. We call on you
to pass H.R. 2646 because where there is help, there is hope.
Sincerely,
Tim Murphy, PhD.
Eddie Bernice Johnson, RN.
____________________
PROTECTING AMERICA'S BORDERS
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Texas (Mr. Conaway) for 5 minutes.
Mr. CONAWAY. Mr. Speaker, I rise in support of a simple yet important
piece of border security legislation that I hope to see signed into law
shortly. This legislation will help to secure our borders, save
taxpayer dollars, and help the men and women who have served our Nation
honorably to continue to serve and protect America in much-needed,
technologically advanced positions.
My legislation makes a simple fix that would allow the Customs and
Border Patrol Commissioner to waive the polygraph requirement for soon-
to-be veterans who seek employment as UAV pilots within the Department
of Homeland Security who come from the Department of Defense with
current security clearances. The DOD typically invests a significant
amount of training and career development resources in these men and
women, and to lose their talent due to a lapse in interdepartmental
communication is a detriment to our country.
Under the current system, when soon-to-be veterans who are unmanned
aerial vehicle, or UAV, pilots wish to apply for a UAV position at the
DHS, they are placed on a wait list until more money and time is used
to determine if these veterans meet DHS security guidelines despite
having already passed similar security background checks performed by
the Department of Defense. This creates a near impossible bottleneck
where veterans can be stuck for months or years in waiting on redundant
procedures, forcing most to drop their applications and go elsewhere to
find employment.
The result of this bureaucratic inefficiency is that veterans who
have valuable skills that can help protect our Nation and in whom we
have invested millions of dollars in training are lost to other jobs.
This leaves DHS Border Protection positions unfilled and our borders
more vulnerable. The country's security, veterans, and taxpayers all
lose in this equation.
This legislation works to solve three key problems by creating job
opportunities for veterans, securing the borders, and saving taxpayer
dollars. It is just plain common sense, and I urge the full
consideration and adoption of this measure.
____________________
A GREAT MINNESOTA LEADER
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Minnesota (Mr. Emmer) for 5 minutes.
Mr. EMMER of Minnesota. Mr. Speaker, I rise to congratulate Hormel
Foods CEO Jeffrey Ettinger on his upcoming retirement.
Hormel is a recognized Minnesota leader in food processing. The
company started in Austin, Minnesota, in 1891 and is best known for
giving us the famous canned ham--Spam.
Jeffrey's career at Hormel Foods has now spanned nearly three
decades. From starting out as a corporate attorney in 1989 to
eventually becoming the CEO in 2005, Jeffrey has played a crucial role
in Hormel's success. Jeffrey encouraged a focus on new product
innovation, and under his leadership, Hormel has continued to grow and
thrive. During his time with Hormel, Jeffrey has even been recognized
as one of the world's best CEOs by Barron's--a true tribute to his work
ethic and excellence. While he is retiring as CEO, Jeffrey's leadership
at Hormel will go on, as he will continue to serve as chairman of the
board.
Congratulations on your retirement, Jeffrey, and thank you for all of
the work you have done for Hormel Foods so that it remains a leading
company in the food industry both in Minnesota and in our great
country.
Top Honors for Anoka-Ramsey Community College
Mr. EMMER of Minnesota. Mr. Speaker, I rise to celebrate Minnesota's
very own Anoka-Ramsey Community College, which has recently been named
one of the top 10 community colleges in the United States. This
placement has made Anoka-Ramsey Community College a contender for the
2017 Aspen Prize for Community College Excellence.
It is no surprise to me that Anoka-Ramsey, the sole Minnesota
contender to be recognized, has been chosen for this prestigious award
given its stellar reputation throughout our community. This fine higher
learning institution is well-known for affordable tuition, a high
success rate of students who graduate, as well as high achievement
rates for students of every ethnicity and background. A good education
can open doors in life.
Thank you, Anoka-Ramsey, for handing our students the key. Good luck
in the competition, and congratulations on your success.
A Parent's Love
Mr. EMMER of Minnesota. Mr. Speaker, I rise to celebrate Joy and
Matthew Molitor, from Minnesota's Sixth District, who received an
Angels in Adoption Award this year.
The Molitors' adoption story began in 2011. While on a trip to Haiti,
they decided to adopt two young children, Wilson and Catherine. For the
next 3\1/2\ years, the Molitors visited Haiti 15 times while patiently
waiting to take their children home.
In 2015, the Molitors received the devastating news that their
paperwork was no longer valid and that the Haitian Government was no
longer allowing simple adoptions. This did not stop them.
For the next 4 months, Joy walked from one government agency to the
next, despite the unstable political environment in the country. She
was determined not to leave Haiti without her children. As a result of
Joy's resolve, she eventually retained the visas for her children, and
they were able to go home to Minnesota together.
Joy and Matthew Molitor are the perfect example of the lengths one
will go because of a parent's love. I am proud to recognize them today.
Thank you, Joy and Matthew, and congratulations on your Angels in
Adoption Award.
Childhood Cancer Awareness Month
Mr. EMMER of Minnesota. Mr. Speaker, September is Childhood Cancer
Awareness Month. It is time to bring awareness to this heartless
disease and to the demands and challenges of the families affected.
Childhood cancer is an especially important topic in our office. My
deputy chief of staff, Robert Boland's daughter, Abigail, was diagnosed
with retinoblastoma, which is a rare cancer
[[Page 13351]]
that affects the eyes, when she was only 2 months old. Thankfully,
Abigail survived her cancer and is a happy, growing little girl.
Abigail and her parents are fortunate, but they, like all families who
deal with childhood cancer, had many a sleepless night.
No parent should ever have to watch a child fight a life-threatening
disease. Unfortunately, that is not the case for many. Every year in
the United States, there are more than 15,000 children who are
diagnosed with cancer. Statistics show that 80 percent of childhood
cancer cases are diagnosed only after the disease has already
metastasized and spread. This makes research absolutely necessary. That
is why we must spread the word and raise awareness.
All children deserve a future, and it is vital that we do everything
in our power to help give them that chance.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair and not to a perceived viewing audience.
____________________
RECOGNIZING RICHARD K. ``DICK'' BLAKE
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Florida (Mr. Posey) for 5 minutes.
Mr. POSEY. Mr. Speaker, it is, indeed, an honor and a pleasure to
recognize the lifetime achievements of Richard K. ``Dick'' Blake, who
is retiring after 40 years of service on the Rockledge City Council. He
is the longest serving elected official on Florida's east coast and is
a true servant heart leader.
The grandson of freed slaves, Dick Blake was one of 10 children
growing up in Rockledge, Florida. He attended Cocoa's African American
Monroe High School, where he became an all-star athlete and model
student.
After graduating from Florida A&M University, Dick returned to Monroe
High School to coach basketball and football and also to teach biology
and math. While coaching during the era of segregated education, he
gained statewide notoriety as his basketball teams dominated the
Florida Interscholastic Athletic Association.
{time} 1115
In fact, Dick helped pave the way for integration in Brevard County
by arranging exhibition basketball games, which helped to foster race
relations by bringing children, families, and communities together
under the spirit of sports competition. In so doing, he touched the
lives of so many talented players and students.
In 1966, Dick became the first Black assistant principal at Cocoa
High School, and later became the principal, serving in that position
for 22 years.
A staunch believer in the power of education, Dick earned a bachelor
of science degree from Claflin University, a master of science degree
from Columbia University, and a master of science degree from Florida
A&M University.
In July 2011, the city of Rockledge named a park in honor of Dick's
legendary accomplishments as an athlete and sports official, educator,
school administrator, elected community servant, and leader in civil
rights and racial equality issues.
I have served with Dick in local government and in many volunteer
efforts over the years, and he is someone I and literally thousands and
thousands of others greatly admire.
Over the course of his life, he has witnessed injustice, but Dick has
always remained positive. Dick is the type of person that if he
encountered lemons, he made lemonade.
I ask my colleagues to join me in saluting Dick Blake's achievements
and his service to our community and our country.
May God continue to bless Dick Blake and the United States of
America.
____________________
AMERICAN PHARMACISTS MONTH
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Georgia (Mr. Carter) for 5 minutes.
Mr. CARTER of Georgia. Mr. Speaker, I rise today to recognize October
2016 as American Pharmacists Month. During the month of October, we
recognize the pharmacists across America who work each day to guarantee
that Americans have access to important and often lifesaving
medications.
As the only pharmacist in Congress, I am proud to recognize the work
that pharmacists across America are doing to ensure our Nation's
health. Every day, pharmacists counsel patients on prescriptions and
over-the-counter medications, helping to relieve patients' pain, and
provide vaccines for a number of illnesses. Further, pharmacists are
considered one of the top three most trusted professionals in America.
During this month, as well as throughout the year, I encourage
everyone to visit your pharmacist, ask questions about your
prescriptions, receive advice about preventative care, and simply get
to know the person who provides your medicine and helps to keep you
healthy.
To my fellow pharmacists, thank you for what you do. Please know your
work is appreciated and you are an important part of keeping our Nation
healthy. It is an honor to be your voice in the United States Congress.
Remembering Jack Davis
Mr. CARTER of Georgia. Mr. Speaker, I rise today to recognize the
remarkable life of Jack Davis, a beloved and brilliant cartoonist from
St. Simons Island.
Mr. Davis' passion for cartoons began at the age of 12 when he read
his first cartoon magazine. As his talent in drawing cartoons
flourished, he created astonishing artwork for the University of
Georgia, depicting action-packed football scenes in a very unique
style.
Nationally, he may have been best known for his work with MAD
magazine and his artwork of the magazine's star character, Alfred E.
Neuman. Executives at MAD magazine say there wasn't anything that Jack
couldn't do.
In addition, Mr. Davis designed for other companies, including
DreamWorks, ESPN, Paramount Pictures, Indianapolis Speedway, and The
Varsity drive-in in Atlanta.
It is an honor to recognize Mr. Jack Davis, and I could not speak
more highly of his talents. He will truly be missed by the First
District of Georgia, the Bulldog Nation, and everyone who knew of him
and his artistic gift.
Congratulating the University of Georgia
Mr. CARTER of Georgia. Mr. Speaker, I rise today to congratulate the
University of Georgia as well as its impressive students, faculty, and
staff.
On September 12, the U.S. News and World Report ranked UGA the
eighteenth best university in America. This is clearly not an easy
feat. UGA continues to work tirelessly to provide the best education
for its undergraduate students, and its hard work is being noticed.
One example of UGA's commitment to its students involves its emphasis
on experienced-based learning. UGA is the Nation's largest public
university to include this type of learning in its overall curriculum.
From internships and study-abroad options to research projects, the
opportunities at this great university are endless.
In addition to these possibilities, UGA has also strengthened its
faculty and course options by adding 50 new faculty members and
expanding the course selection by 300 classes in high-demand subjects.
UGA has truly created a small-class experience in a very large
university.
Congratulations to the University of Georgia on these
accomplishments, and Go Dawgs.
Congratulating Matt Kuchar
Mr. CARTER of Georgia. Mr. Speaker, I rise today to congratulate Mr.
Matt Kuchar of St. Simons Island, Georgia.
Mr. Kuchar competed in the 2016 Rio Olympics and won a bronze medal
in the men's individual golf competition. He completed his fantastic
Olympic week at 13 under par with a final round of 63, describing it as
the round of his life.
This great week does not come simply by chance for Mr. Kuchar. He has
worked tirelessly over the past years to improve his game and has
consistently been near the lead in many important tournaments.
In 1997, he began his stellar career as an All-American at Georgia
Tech. Then
[[Page 13352]]
in 2000, he turned to the professional ranks.
In his 16 years as a pro, he has had 12 professional wins, including
important tournaments such as the 2012 Players Championship, the 2013
Memorial Tournament, and the 2014 RBC Heritage.
Mr. Kuchar's smile and personality is an inspiration to all golfers.
He is notoriously one of the nicest players on the professional
circuit. It is an honor to recognize him today.
Mr. Kuchar, you made Georgia's First Congressional District very,
very proud.
____________________
FIDELITY INFORMATION SYSTEMS TO LAUNCH VC FINTECH ACCELERATOR
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Arkansas (Mr. Hill) for 5 minutes.
Mr. HILL. Mr. Speaker, I rise today to recognize the important
collaboration that is taking place in central Arkansas.
The Venture Center in downtown Little Rock has been working with the
publicly traded financial services company, Fidelity Information
Systems, or FIS, to launch the VC FinTech Accelerator, a program that
will bring innovators and entrepreneurs from across the world to Little
Rock, where they will have formation opportunities for their early-
stage organizations. They will work through a curriculum designed to
engender creativity, development, and potential.
Through this program, we are able to invest in the future of our
State and ensure that our economy and our business environment in
central Arkansas will continue to thrive and expand.
I recently had the opportunity to visit The Venture Center with the
gentlewoman from Missouri, Representative Ann Wagner, and was impressed
with the success of the center's accelerator program. It is providing a
12-week rigorous program to assist FinTech startups, providing them
with quality business development services. Ten FinTech companies were
chosen to participate in this first accelerator program, and it will
relaunch in 2017.
This FinTech sandbox is producing transformational opportunities for
both FIS, the innovative entrepreneurs in Little Rock, and for future
consumers of these services. While this exciting program has only been
active for a short time, it is already proving that it has the ability
to assist in our efforts to grow the technology economy across our
region.
Little Rock's storied history and the evolution of FIS makes it a
perfect site for this accelerator. I greatly appreciate the choice of
Little Rock as the location to implement this source of future economic
growth.
I am grateful for the farsighted leadership at FIS, our chamber of
commerce leadership team, and all those involved in making this program
a success for central Arkansas.
____________________
THOUSAND-YEAR FLOOD IN LOUISIANA
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Louisiana (Mr. Graves) for 5 minutes.
Mr. GRAVES of Louisiana. Mr. Speaker, August 20th of this year was a
Saturday, and I was in Denham Springs, Louisiana. I was gutting a home,
ripping out Sheetrock, tearing out floors, throwing out furniture,
throwing out photo albums, appliances, and family heirlooms. Mr.
Speaker, I did it in a home and literally stripped out every foot of
Sheetrock in the house, from the floor to the ceiling and ripped out
all the floors. Everything in the house was gutted down to the studs.
This was a house where a woman, who recently retired in June or July
of this year, was living. She has been living there since the early
1970s. Never has she had even a single foot of water in her house or a
single inch of water in her house. Yet, on the floods that we had in
south Louisiana around August 11th, this home received over 6 feet of
water in the entire home, everything.
Outside the house, we stacked up piles of debris from 6 to 8 feet
high. I call it debris, but in reality it was memories. It was that
woman's life that was piled up in the street. Everything that she owned
was thrown out.
Mr. Speaker, we had a storm that was a 1,000-year event. We
experienced over 31 inches of rain in some of the peak areas in 36
hours. To translate that to snow, you are talking about 25 feet of
snow. To my friends from the North, that is what we experienced the
equivalent of in just 36 hours. This is on track to be the fourth most
costly flood disaster in United States history, and, again, it was a
1,000-year storm.
Now, this happened in south Louisiana last month, but this could
happen anywhere. Whether it is a snowstorm, it is a blizzard, it is a
tsunami, it is an earthquake, it is a tornado or it is a terrorist
attack, it could happen anywhere in this country.
Now, historically when these catastrophic events have happened, the
country has stepped up to provide assistance. Whether it is September
the 11th, Hurricane Sandy, Hurricane Katrina or other disasters, the
Nation has stepped up whenever these disasters have crossed over into
catastrophic territory.
In this instance, we have had over 100,000 homes and businesses
flooded. So that story I told about the home that we went in and
stripped and gutted--one of many homes that we worked in--you can
multiply that same exact scenario tens of thousands of times over.
Now, in this particular case, this house is probably worth $150,000,
maybe. It is probably going to cost them $80,000 to rebuild the house
to get it back. It is going to cost them $30,000 to replace the car
that they lost. It is going to cost them $20,000 to replace their
clothes and contents of the house.
Because this home is in a floodplain--at the time when it was built,
it was not, but now it is--it is going to probably cost them $100,000
to elevate that concrete slab and lift it up to the higher-base foot
elevation. You can do the math. You are talking about over $200,000
just to get themselves back to where they were the day before this
storm.
I am going to say it again, Mr. Speaker, this is happening in south
Louisiana. While the water has receded, their lives remain upside down,
and it is hundreds of thousands of households.
This is a parochial issue to me. It is my hometown. It is my
community. It is my neighbors. It is my relatives. But the next
disaster, whether it is next week, next year, next month, next decade,
it is going to be in your town. It is going at your home. It is going
to be your relatives, your neighbors.
The American people need to know that when we have a catastrophic
disaster like this, that the country is there to offer a hand up. Let
me lay out this financial scenario. I talked about the $200,00 for this
one homeowner, not including the other businessowners and others that
are affected by this disaster. Because of HUD rules and some of the
rules put in place by the mortgage companies, folks are going to have
to make a decision on whether they are going to have their home
foreclosed upon or they are going to try to get out of this financial
predicament that they are in by the beginning of November.
A $2.6 billion budget request has been made to offer a hand up to
these people that rescued themselves, sheltered themselves, cooked for
themselves, and gutted their own homes. Now is the time for America to
offer a hand up, just like we have done in the past and just like we
need to let other Americans know we are going to do for them in the
event of a crisis like this.
Mr. Speaker, lastly I want to say this: This was somewhat unique in
that the Federal interstate held 6 feet of water back, therefore,
further inundating people. The Comite River project and other flood
control projects, which the Federal Government failed to construct
after 30 years, and coastal land loss also contributed to this flood
disaster.
Now is the time for us to act. November, December timeframes are too
late. This needs to be part of our negotiations right now to offer
certainty and to assure Americans in the future that we are going to be
there to offer them a hand up.
[[Page 13353]]
____________________
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 29 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
The Chaplain, the Reverend Patrick J. Conroy, offered the following
prayer:
Merciful God, we give You thanks for giving us another day.
You fulfill Your promises day by day and lead Your people to
greatness. You are the One who asks each of us to live a life worthy of
our calling.
By embracing the responsibilities of our station in life, each of us
is to perform our duties with humility, meekness, and patience with the
help of Your grace. By bearing with one another with understanding, we
are to make every effort to preserve the unity we have been given by
Your Divine Providence and seek peace at every turn of events.
On this day, bless the Members of this people's House with a surfeit
of grace, that good policy might emerge to the benefit of our Nation.
Also, on this day, comfort all who mourn the passing of one of our most
beloved House staffers, Jacqui Ellis. May she rest in peace.
May all that is done today be for Your greater honor and glory.
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.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER. Will the gentleman from Nebraska (Mr. Ashford) come
forward and lead the House in the Pledge of Allegiance.
Mr. ASHFORD 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.
____________________
ANNOUNCEMENT BY THE SPEAKER
The SPEAKER. The Chair will entertain up to 15 requests for 1-minute
speeches on each side of the aisle.
____________________
RECOGNIZING THE VILLAGE OF KEY BISCAYNE ON ITS 25TH ANNIVERSARY
(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, I rise today in celebration of the
25th anniversary of one of Florida's most beautiful communities, the
Village of Key Biscayne.
Incorporated in 1991, this majestic barrier island paradise is
located between the Atlantic Ocean and Biscayne Bay and is centered
between two beautiful parks to the north and the south.
Although small in size, the Village of Key Biscayne is a proud,
tight-knit community of islanders filled with a mix of longtime locals,
business leaders, professionals, as well as international visitors and
residents.
In celebration of its founding, the city and its residents, or key
rats as they like to call themselves, will join together this Saturday,
September 24, for the anniversary gala.
I am truly honored to represent this south Florida treasure, and ask
my congressional colleagues to join me in congratulating the Village of
Key Biscayne residents on this momentous occasion. The Village of Key
Biscayne, island paradise, indeed.
____________________
HONORING THE LIFE OF JOHN SODORO
(Mr. ASHFORD asked and was given permission to address the House for
1 minute.)
Mr. ASHFORD. Mr. Speaker, I rise today to honor the exceptional life
of John Sodoro, a lifelong resident of my hometown, Omaha, Nebraska.
John was a respected lawyer and a loving father, grandfather, and
husband. Many in the community knew him for his congenial personality
and compassion for his clients.
Before following his father's footsteps in the legal profession, John
graduated from Creighton Prep, and later, in true Omaha fashion, he
earned his undergraduate and law degree from Creighton University.
Over the course of his career, John made a difference in the lives of
many, successfully helping his clients through a wide variety of
difficult times. The Omaha community has lost a great man and true
public servant. May his work be remembered and his life always
celebrated.
My thoughts and prayers go out to the Sodoro family.
____________________
OUR NATION FACES AN INCREASING THREAT OF TERRORISM
(Mr. HOLDING asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. HOLDING. Mr. Speaker, the recent attacks in New York, New Jersey,
and Minnesota all underscore the increasing threat our Nation faces
from terrorism.
The House Homeland Security Committee just reported that already this
year, individuals have been arrested in 13 different States for some
connection to terrorism, and there have already been 30 ISIS-linked
plots in the United States.
Mr. Speaker, as events in Paris and Brussels demonstrate, this is not
a challenge we face alone. Across the world, terrorism is on the rise.
Just this past weekend, an Indian Army base near Pakistan was
attacked by heavily armed militants who killed 18 soldiers. Our two
nations, the United States and India, have worked closely to combat
terrorism, and, more than ever, we must increase those counterterrorism
efforts with our partners in India and elsewhere.
Mr. Speaker, we must be honest about the evolving terror threat in
front of us and confront this challenge with strong leadership and
unwavering resolve.
____________________
DEMS ARE THE FACTS
(Mrs. CAROLYN B. MALONEY of New York asked and was given permission
to address the House for 1 minute.)
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, most modern
businesses today use metrics to help them establish best practices.
So I offer this chart based on the published, peer-reviewed research
of two respected Princeton economists, Dr. Blinder and Dr. Watson, that
reveal some very important metrics and measures. It shows the annual
growth of the U.S. economy for each Presidential term going all the way
back to World War II.
Democratic Presidents are in blue, and Republicans are in red. So
whether it is 7\1/2\ years where President Obama outperforms the
economy of his predecessor or 70 years, as you can see, there is a huge
difference between how the economy performs between a Republican v. a
Democratic President.
In fact, going back 16 Presidential terms, the economy does
significantly better by almost every measure under Democratic
administrations.
So, as President John Adams famously said: ``Facts are stubborn
things; and whatever may be our . . . inclinations . . . they cannot
alter the . . . facts. . . .''
And the fact is, the blue, the Democrats, do better than the
Republicans on the economy when a Democrat is President.
[[Page 13354]]
____________________
CHAIRMAN RANDY FORBES HAS MADE A DIFFERENCE
(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, I am grateful that, in my
service, I began as a member of the unique class of 2001. These were
Members elected in special elections that year, including now-U.S.
Senator John Boozman, along with chairman of the House Armed Services
Subcommittee on Seapower and Projection Forces, Randy Forbes, and
chairman of the House Committee on Veterans' Affairs, Jeff Miller, both
of whom are completing their House service this year.
Since being elected to the House, Chairman Randy Forbes has been a
crucial member on the House Judiciary Committee and the House Armed
Services Committee, where he serves as the chairman of the Subcommittee
on Seapower and Projection Forces. He also founded the Congressional
Prayer Caucus, promoting religious freedom worldwide.
I have been privileged to work along with Chairman Randy Forbes
during our service in Congress. He is a true advocate for peace through
strength and has been a leading voice on defense and national security
issues. A Trump administration would have a dynamic Secretary of the
Navy.
I am grateful for the successful service of Chairman Forbes. He and
his wife, Shirley, have served the citizens of Virginia's Fourth
Congressional District with honor, making a difference for American
families.
In conclusion, God bless our troops, and may the President, by his
actions, never forget September the 11 in the global war on terrorism.
Our sympathy to the people of India.
____________________
CONGRATULATING THE BUFFALO NIAGARA RIVERKEEPER
(Mr. HIGGINS asked and was given permission to address the House for
1 minute.)
Mr. HIGGINS. Mr. Speaker, I rise to congratulate the Buffalo Niagara
Riverkeeper, and its executive director, Jill Jedlicka, winner of the
Thiess International Riverprize awarded by the International River
Foundation.
As Buffalo's industrial economy faded, we were left with a river so
polluted that the Environmental Protection Agency declared that the
Buffalo River was biologically dead and ecologically destroyed.
So western New Yorkers decided to do something about it. They formed
the Friends of the Buffalo River, which became the first organization
to receive Federal authority and funding to manage a remediation
project in the Great Lakes.
Now, thanks to the Riverkeeper, the Buffalo River has come back to
life, with over $80 million in private investment as Buffalonians
reclaim their land at the water's edge.
I congratulate the Riverkeeper on this recognition, and I thank it
for the legacy it has left to our community, one of the greatest
environmental success stories in Western New York's history.
____________________
NOT ANOTHER DOLLAR TO IRAN
(Mr. ALLEN asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. ALLEN. Mr. Speaker, I rise today in strong support of the
Prohibiting Future Ransom Payments to Iran Act, the House's legislative
response to the administration's shady cash transfer to the Iranian
regime; a cash transfer resulting in the release of American hostages,
which the administration denies was a ransom but acknowledges the cash
was used as leverage. The American people are much smarter than that.
Either way the administration or media try to spin it, a ransom was
paid. For years and years, the United States Government has held a
longstanding policy of not paying ransom for prisoners, but our legacy
has quickly diminished.
The President continues to invest our trust and money into Iran, a
country that is the world's leading state sponsor of terrorism. Why in
the world is our President rewarding Iran for its bad behavior?
This cash transaction sets a dangerous precedent for Americans abroad
and our national security. I won't stand for this type of deceit by our
Commander-in-Chief. That is why I urge my colleagues to support and
pass the Prohibiting Future Ransom Payments to Iran Act. The name of
the bill says it all.
____________________
COMMEMORATING THE HISTORIC SEASON OF THE BALTIMORE ORACLES
(Mr. SARBANES asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. SARBANES. Mr. Speaker, I rise today to commemorate the historic
season of the Baltimore Oracles, my staff's congressional softball team
and the victors of the 2016 Congressional Softball League championship.
I was going to bring the trophy down, but it is much too big and much
too heavy to carry.
Mr. Speaker, the Oracles vanquished their opponents this season,
achieving an astounding 19-1 record. Led by cocaptains Peter Gelman and
Katie Teleky, and shadow-captain Raymond O'Mara, the team was a perfect
blend of stout defense and potent offense.
Mike Pulver, Anna Killius, Paul Kincaid, and Lucinda Lessley held
down the infield, while Andy Allen, Max Frankel, Brian Kaissi, and Zach
Weber roamed the outfield. Big bats littered the lineup, but the
batters were always ready to oblige the team's heart and soul, Tim
O'Neil, and hit just a single.
Other contributors integral to the team's success include Kate and
Adrienne Star, Evan Horn, Jake Barr, Will Pisano, Julia Kandel-Krieger,
James Howard, Becky O'Mara, Alex Bond, and Winston, the team's ever-
chipper mascot.
Mr. Speaker, the Baltimore Oracles are champions, and that is truly
world class.
____________________
IMPLEMENTING THE VETERANS CHOICE PROGRAM
(Mr. HULTGREN asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. HULTGREN. Mr. Speaker, more than a year ago, Congress passed and
the President signed into law an overhaul of veterans' health care. The
Veterans Choice Program nominally gave our Nation's veterans more
health provider and service options. However, despite having more than
a year to implement it, local VA facilities are refusing to work with
new providers to get veterans the care they need. The VA claims its
hands are tied, but by what?
Through the Veterans Choice Program, the men and women who have
served our country are entitled to vital home care services that are
critical to follow-up care and medication adherence assistance,
especially for disabled veterans and those without access to
transportation.
My conversations with the VA have yielded only excuses. Our vets
deserve results.
I ask again, how many veterans are waiting for physician visits? How
can the VA sit on its hands while our Nation's veterans wait and
suffer?
I ask my colleagues to join me. Let's be a voice for our veterans and
demand the VA give these heroes access to and reimbursement for the
care they need and deserve.
____________________
{time} 1215
PRESERVING CASTNER RANGE
(Mr. O'ROURKE asked and was given permission to address the House for
1 minute.)
Mr. O'ROURKE. Mr. Speaker, I rise today to commemorate the 110th
anniversary of the Antiquities Act, 100 years of our National Park
Service, and to thank our current President and administration for
doing more than any administration before them to
[[Page 13355]]
strengthen these two assets that we have in our country.
But I also ask this administration to set the standard for the next
100 years to ensure that public places like Castner Range in El Paso,
Texas, fully tell the national story of the first Americans who were
here more than 8,000 years ago who left their impressions of this great
land and to ensure that every American has the chance to enter our
public lands like the fourth and fifth graders at Collins Elementary
who, under the direction of Mrs. Guay, left their impressions of
Castner Range. This is a class that is 93 percent Mexican American, 75
percent below the poverty line, and precisely the population that we
want to see in our national lands and public parks going forward.
Preserving Castner Range forever is a means to set the stage for the
next 100 years of success for our national parks and our national
lands.
____________________
CELEBRATING UNC CHARLOTTE'S 70TH ANNIVERSARY
(Mr. HUDSON asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. HUDSON. Mr. Speaker, I rise today in celebration of the
University of North Carolina at Charlotte as we commemorate its 70th
anniversary.
I am proud to be among the 122,000 living alumni of UNC Charlotte and
to be the first elected to Congress, though I am sure I won't be the
last.
My alma mater was founded by the visionary Bonnie Cone in the wake of
the Second World War as a service to returning veterans pursuing higher
education. The lasting legacy that continues to guide the university is
best expressed in one word, ``opportunity.''
Opportunity characterizes the futures being built each day on campus.
Opportunity describes the powerful economic impact this university has
on one of the Nation's fastest growing regions. UNC Charlotte has grown
into its distinctive role as a research university in areas like big
data, energy, and cancer prevention, focused clearly on the
opportunities and needs of the future.
Mr. Speaker, while still a relatively young university, UNC Charlotte
is one of the leading American universities of the 21st century. I am
pleased on behalf of the university family and all of Niner Nation to
say the future is ours. Go Niners.
____________________
REMEMBERING JACQUI ELLIS
(Mr. AL GREEN of Texas asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. AL GREEN of Texas. Mr. Speaker, the members of the Ninth
Congressional District are in mourning this morning. We are saddened by
the passing of our Chief of Staff, Ms. Jacqui Ellis. Mr. Speaker, she
was more than a Chief of Staff. She was one of my dearest and closest
friends. She was a mentor to many of the people on the Hill and
especially those who worked with her in my congressional office.
She made a difference in the lives of people. She was there to be of
assistance to those who needed help. And 1 minute will never give me
enough time to express the love, the affection, and to thank all of the
many people who have given their condolences and their sympathies, so
we will have a Special Order next week at which Members of the House
will be permitted to come to the floor, and we will make our comments
then.
But I do want to say this: she met the measure of life that Ruth
Smeltzer called to our attention:
Some measure their lives by days and years,
Others by heartthrobs, passions, and tears.
But the surest measure under God's sun
Is what in your lifetime for others you've done.
Jacqui, we love you, and we thank you for what you have done for
others in your lifetime. We know that while physically you are not with
us, spiritually you will always be with us. God bless you.
____________________
HELP PREVENT VETERAN SUICIDE
(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, Colorado is home to over 400,000 of our
Nation's veterans--men and women who have fought to protect our freedom
in conflicts around the world. These men and women are often some of
the most respected individuals in our communities, which makes it easy
to overlook that they may be struggling to transition back into
civilian life at the end of their service.
A study from the Department of Veterans Affairs found that 22
veterans tragically end their lives by suicide each day. This is a
shocking and heartbreaking statistic.
September is National Suicide Prevention Awareness Month and a time
when everyone can learn about helping to prevent veteran suicide. In
our communities, we can all work to make sure that no veteran ever
feels like suicide is their only option. I am honored to represent a
district that works so hard to make sure our veterans are taken care of
when they return home, and I am committed to advancing policies to
ensure that we honor and serve the men and women who have so honorably
served our country.
The next time you run into a veteran in the community, take a minute
to let them know that you appreciate their service. None of us may ever
know how far a thank-you may go in a person's life and what a big
difference that could mean.
____________________
NATIONAL SECURITY, HEALTH, AND SAFETY
(Mr. BRENDAN F. BOYLE of Pennsylvania asked and was given permission
to address the House for 1 minute and to revise and extend his
remarks.)
Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Speaker, the last few
months have been a rather frustrating time for many of us in Congress
as well as the American people.
We first broke for some 7 weeks--the longest break from Congress in
the modern era. We left without doing anything on Zika, without
addressing our opioid epidemic in this country, and without doing
anything for the families of Flint who have been suffering with their
water for many years now.
Probably one of the most striking moments I have had as a Member here
for the last year and a half was when the families from Flint came in
front of the Oversight and Government Reform Committee--the committee
on which I serve--and talked about how they have been affected by this
water crisis.
What response have they gotten so far from Congress, from the
people's House?
Nothing. Zero. Instead, we went off for 7 weeks.
Now here we are about to break again without addressing Flint,
without doing anything about the Zika crisis and the other challenges
we are facing, not to mention our gun violence problem that many of us
gathered right here on the House floor to address. It is time that we
act now, and we should not break until we have addressed these
problems.
____________________
TRUST IN MEDIA FALLS TO HISTORIC LOWS
(Mr. SMITH of Texas asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. SMITH of Texas. Mr. Speaker, Americans' trust in the media has
hit a historic low, according to a recent Gallup poll. Gallup found
that only 32 percent of Americans have a great deal or even fair amount
of confidence in the media to present the news fully, accurately, and
fairly. This represents an 8 point drop from just a year ago. It also
is the lowest level of trust in the media that Gallup has ever recorded
since it first asked the question 46 years ago.
Republicans' trust in media has dropped from 32 percent a year ago to
14 percent today. This is ``easily the lowest confidence among
Republicans in 20 years,'' says Gallup. Trust in the media among
Democrats and Independents fell as well.
[[Page 13356]]
The historic distrust of the media will continue until the media
stops telling Americans what to think.
____________________
ERADICATING BREAST CANCER
(Mr. BLUM asked and was given permission to address the House for 1
minute.)
Mr. BLUM. Mr. Speaker, I rise today in support of H.R. 1197, the
Accelerating the End of Breast Cancer Act.
I lost my father to cancer when he was just 52 years old, so finding
cures for all types of cancer is personal for me. In Iowa alone, there
will be approximately 2,200 new cases of breast cancer this year,
resulting in about 400 unnecessary deaths. We must do more to cure this
disease.
By passing this bill and setting a goal of eradicating breast cancer
by 2020, we have a chance to make a real difference for women and their
families.
I would also like to recognize my constituents, Christine Carpenter
and Lori Seawel, for their selfless volunteer efforts to support this
issue.
I encourage my colleagues in the House to support and pass this
bipartisan legislation.
____________________
PEDIATRIC CANCER AWARENESS MONTH
(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
the month of September as Pediatric Cancer Awareness Month.
Pediatric cancer is the leading cause of disease-related deaths for
children in the United States--43 are diagnosed with cancer every day.
While many adult cancers can be diagnosed early, pediatric cancers
are more difficult to detect. In 80 percent of children, the cancer
will have already spread to other parts of the body by the time of
diagnosis.
For the children who do survive, their battle doesn't end. Ninety-
five percent of childhood cancer survivors will develop chronic health
conditions. Despite these facts, only 4 percent of the National Cancer
Institute's funding goes toward pediatric cancer. Since 1990, only 10
drugs have been developed to treat pediatric cancer, compared to over
200 for adults.
My friend, Jonny Wade, is one of the many faces of pediatric cancer.
Last Christmas Eve, his year-long battle with brain cancer tragically
ended, but our fight to eradicate this disease has only begun.
Mr. Speaker, his parents, John and Kimberly Wade, sat in the gallery
right in front of me when the President talked about his moonshot to
eradicate cancer.
Mr. Speaker, 4 percent is not enough. I will continue to fight to get
more than 4 percent, not for Jonny, but for his wish that no other kid
should have cancer.
____________________
MATT AND SHERYL MOHR: ANGELS IN ADOPTION
(Mr. WALBERG asked and was given permission to address the House for
1 minute.)
Mr. WALBERG. Mr. Speaker, today I rise to recognize a remarkable
couple, Matt and Sheryl Mohr from Hudson, as Angels in Adoption from
Michigan's Seventh Congressional District.
I had the privilege of visiting with Matt and Sheryl yesterday, and
their love and compassion for vulnerable children is truly moving. In
the past 6 years, the Mohrs have opened their hearts and home to 26
foster children. Along with their five biological children, they have
also adopted five children and are in the process of adopting two more.
That will make a total of 12 children.
When asked what led them to begin fostering and adopting, Sheryl
said: ``I felt that I had a lot more love to give away.''
Wow. Through their big hearts and unconditional love, Matt and Sheryl
have forever changed the lives of so many children in Lenawee County.
They are angels to the children they parent and incredibly deserving of
this award.
____________________
PROHIBITING RANSOM PAYMENTS TO IRAN
(Mr. LaHOOD asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. LaHOOD. Mr. Speaker, I rise today in support of H.R. 5931,
legislation prohibiting future ransom payments to Iran.
In the midst of a global war on terror, it should be common sense
that the United States of America should not be sending untraceable
pallets of cash on an airplane to the leading state sponsor of
terrorism. Apparently it isn't, though, because that is exactly what
happened and what this administration engaged in.
We know now that $1.7 billion in cash was given to Iran in exchange
for the release of prisoners, violating America's longstanding policy
against ransom payments.
Predictably, this administration has admitted that it cannot
guarantee that this money did not go to fund current or future
terrorism by Iran. In addition, all of this was done in secret, lacking
transparency with the American people.
Today the House is taking action to end this practice. H.R. 5931
prohibits any cash payments to Iran regardless of the rationale or
reasoning behind it. It also ensures the American people will be
notified if a President ever attempts this sort of deal again.
America cannot be a country that sends cash to countries that fund
terrorism. Period.
____________________
RECOGNIZING LOWE'S HEROES IN SYKESVILLE, JEFFERSON COUNTY
(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 in recognition of a
group of men and women from the Fifth Congressional District of
Pennsylvania who recently volunteered their time and talents to help
improve their community.
Lowe's Heroes is a companywide volunteer program for Lowe's that
gives employees a chance to volunteer for local community improvement
projects. In return, Lowe's provides the material and manpower to make
those projects happen.
Just last week, men and women from the DuBois Lowe's store
volunteered to help build a centerpiece for a town square project in
Sykesville, a community only a handful of miles away from the store's
location.
This is a long-awaited project in the community to transform a vacant
lot into a beautiful park for community events and a place for people
from across the community to gather.
In addition to the contributions of the Lowe's Heroes, the store is
also donating the decorative and structural blocks for the town
square's centerpiece, along with lighting for the area.
These men and women represent the best of what small towns across the
United States represent. I commend them for their selfless efforts.
____________________
{time} 1230
PROVIDING FOR CONSIDERATION OF H.R. 5931, PROHIBITING FUTURE RANSOM
PAYMENTS TO IRAN ACT, AND WAIVING A REQUIREMENT OF CLAUSE 6(A) OF RULE
XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM
THE COMMITTEE ON RULES
Mr. BYRNE. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 879 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 879
Resolved, That at any time after adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 5931) to provide for the prohibition on cash
payments to
[[Page 13357]]
the Government of Iran, and for other purposes. The first
reading of the bill shall be dispensed with. All points of
order against consideration of the bill are waived. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chair and ranking
minority member of the Committee on Foreign Affairs. After
general debate the bill shall be considered for amendment
under the five-minute rule. In lieu of the amendment in the
nature of a substitute recommended by the Committee on
Foreign Affairs now printed in the bill, it shall be in order
to consider as an original bill for the purpose of amendment
under the five-minute rule an amendment in the nature of a
substitute consisting of the text of Rules Committee Print
114-64. That amendment in the nature of a substitute shall be
considered as read. All points of order against that
amendment in the nature of a substitute are waived. No
amendment to that amendment in the nature of a substitute
shall be in order except those printed in the report of the
Committee on Rules accompanying this resolution. Each such
amendment may be offered only in the order printed in the
report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for
the time specified in the report equally divided and
controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against such amendments are
waived. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the amendment in the nature of a substitute made in
order as original text. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
Sec. 2. The requirement of clause 6(a) of rule XIII for a
two-thirds vote to consider a report from the Committee on
Rules on the same day it is presented to the House is waived
with respect to any resolution reported through the
legislative day of September 27, 2016, relating to a measure
making or continuing appropriations for the fiscal year
ending September 30, 2017.
The SPEAKER pro tempore (Mr. Hultgren). The gentleman from Alabama is
recognized for 1 hour.
Mr. BYRNE. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Florida (Mr. Hastings),
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. BYRNE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alabama?
There was no objection.
Mr. BYRNE. Mr. Speaker, House Resolution 879 allows for the
consideration of H.R. 5931, the Prohibiting Future Ransom Payments to
Iran Act. The rule makes in order all five amendments submitted to the
Rules Committee. The rule also provides authority for the House to
expeditiously consider a continuing resolution.
On June 24, 2015, President Obama stood in the Roosevelt Room of the
White House and said: ``I am reaffirming that the United States
Government will not make concessions, such as paying ransom, to
terrorist groups holding American hostages.''
This position shouldn't have been surprising. It has long been the
position of the U.S. Government to not pay ransoms to terrorist
organizations, for doing so only encourages further kidnappings and
puts more American lives at risk.
Despite this reassurance from President Obama, on January 17, 2016,
an unmarked cargo plane landed at a European airport. On this plane
were wooden pallets stacked with unmarked foreign currency--$400
million worth, to be exact.
Who was waiting at the airport to accept this money? The Islamic
Republic of Iran.
On that exact same day, several Americans who had been held prisoner
in Iran were released. That, Mr. Speaker, is a ransom payment.
Since then, we have learned that the full U.S. payment to Iran
totaled $1.7 billion. The money was related to a decades-old dispute
about an Iranian arms sale. There are a lot of concerning issues at
play here.
First, by giving money to Iran, the United States is supporting the
world's leading state sponsor of terrorism. Iran uses their money and
resources to support groups like Hezbollah, Hamas, and other radical
terrorist groups in Iraq, Pakistan, and Afghanistan. Iran is no friend
of the United States, and their efforts have resulted in the deaths of
U.S. citizens and servicemembers. So why in the world is the United
States sending them cash payments in the first place?
Second, the United States should never pay a ransom. I know they
claim that the $1.7 billion payment was a ``settlement,'' but let's get
real here for a minute. The payment was made on the exact same day the
Americans were released.
Let's look in the dictionary for just a moment. ``Ransom'' is defined
as ``a sum of money or other payment demanded or paid for the release
of a prisoner.'' That is exactly what happened here.
Iran knows it was a ransom payment. An Iranian general was quoted as
saying that, ``the money was returned for the freedom of the U.S. spy,
and it was not related to the nuclear negotiations.''
So Iran knows it was a ransom. The American people know it was a
ransom. Well, how about the State Department? When pushed on this topic
by the media, a State Department spokesman said that it wasn't ransom
but, rather, ``leverage.'' What is the difference? The American
prisoners in Iran were not released until the cash payments occurred.
You could try to hide the truth by calling it ``leverage'' or a
``coincidence,'' but the fact is this payment was a ransom.
Just ask the Obama Justice Department. Press reports indicate that
Assistant Attorney General John Carlin raised the concern that the cash
payment to Iran would send a signal to Iran and the world that the U.S.
had changed its ransom policy. This isn't some radical conspiracy
theory we are talking about here. This is the exact same concern raised
by the Justice Department under President Obama--the people he
appointed.
Since this ransom payment occurred, Iran has detained several more
foreign citizens, including Americans, French, British, and Canadians.
Sadly, I expect our Iranian friends are already making their ransom
demands.
The third major concern I have is that the payments were clearly done
in a way to hide them from the American public. The payments were made
in cash. According to an international body responsible for combating
money laundering, known as the Financial Action Task Force, the
``physical transportation of currency'' is ``one of the main methods
used to move criminal assets, launder money, and finance terrorism.''
If this whole ordeal was public and on the up-and-up, then why did
the U.S. make this payment in cash?
The Obama administration originally said that the payment had to be
in cash because financial sanctions prevent us from engaging in wire
transfers with Iranian banks. Well, it turns out that isn't true. In
fact, on at least two occasions, the U.S. has made wire transfers to
the Iranian Government.
According to Politico, in July 2015, the U.S. sent Iran approximately
$848,000 to settle a claim over architectural drawings. The wire
transfers didn't stop there though. The U.S. wired Iran almost $10
million in April of this year to pay for 32 metric tons of heavy water.
Here is another issue with the cash payments. Iran has a track record
of money laundering, and making cash payments will result in it being
even harder to track their illicit activity. Cash does not have an
electronic signature, so the money could eventually become untraceable.
This will make it almost impossible for law enforcement and
intelligence agencies to track where the money is going. In other
words, the cash could be transferred to a group like Hamas or Hezbollah
and the United States may never know. This is deeply troubling.
[[Page 13358]]
So, Mr. Speaker, this legislation makes one thing crystal clear. The
United States Government is not in the business of paying ransom.
Specific to Iran, the legislation will prohibit future cash payments to
Iran until the nation stops sponsoring terrorism and is no longer
involved in money laundering.
To boost transparency and accountability, the legislation also
requires 30-day congressional notification and review of any future
settlements related to the U.S.-Iran Claims Tribunal. This way Congress
will have an opportunity to review any future payments instead of them
being secretly executed in the dark of night.
Ultimately, the United States cannot continue to give in to Iran.
Whether it is their nuclear program or their kidnapping of U.S.
citizens, we simply cannot keep making deals with Iran in which the
Ayatollah benefits and the American people suffer.
We need to stop empowering Iran and, instead, start weakening them.
We must stop giving in to Iran and start standing up to Iran. By
putting our foot down, the American people and our allies in the Middle
East will be safer and stronger.
Mr. Speaker, I urge my colleagues to support House Resolution 879, so
we can move forward with consideration of this important bill.
I reserve the balance of my time.
Mr. HASTINGS. Mr. Speaker, I yield myself such time as I may consume.
I thank the gentleman from Alabama (Mr. Byrne) for yielding me the
customary 30 minutes for debate.
I rise today in opposition to the rule.
Let's not parse words. This bill is a Republican attempt to
politicize the recent payment by the United States to the Government of
Iran.
The legislation equates the payment, which was made as part of a
settlement of a 35-year-old dispute before the United States-Iran
Claims Tribunal, as ransom. It prohibits any future payments. And I
might add, Iran has 200 claims before the tribunal at this time, and
all of the American claims have been settled before the same Algiers
Accords tribunal. It prohibits any future payments to the Iranian
Government and requires the President to submit to Congress a report
listing and evaluating outstanding claims before the tribunal.
Mr. Speaker, let's get something straight. The payment to Iran was
not ransom, and anyone who suggests it was is just trying to score some
political points in the limited time we have left in Washington. The
payment was part of a legal settlement to a longstanding 35-year
dispute. It was money owed to the Iranian Government by the American
Government, and the transfer was simply our government meeting its
obligations.
As I indicated earlier, it may surprise those watching at home to
learn that the tribunal has awarded roughly $2.5 billion to American
citizens in the past.
I understand that there are many in Congress concerned by the
loosening of sanctions on Iran. I am one of them. As one of the few
Democrats to publicly oppose the Iran deal, I know that Iran is,
without question, not our friend, a state sponsor of terrorism, and I
don't think you will find anyone in this body who denies this.
But I am concerned by the trend we are seeing with individuals
actively trying to undermine the deal rather than working to ensure it
is made stronger and enact it with intended effect. It is similar to
the actions--I forget the number, up in the sixties--that my Republican
friends have attempted to do something about the Affordable Care Act.
It has problems. The question is what are we going to do about it,
because the American people need to have health care.
{time} 1245
What we would rather do is repeal what exists. Don't replace it with
anything, but make political arguments that it needs to be replaced.
We are doing something very similar here. Rather than making this
Iran deal stronger, we are continuing to do what we can to undermine
it. The bill we are discussing today is a stark example of this and is
an attempt to undermine the deal rather than to strengthen it.
The bill, if enacted, would hamstring us in the future as more than
1,000 Iranian claims before the tribunal have yet to be resolved.
Prohibiting any type of future payment to the Iranian Government--and
sort of as an aside, it is unfortunate, in this world that we live in,
that we have to do business with bad people. I served on the
Intelligence Committee when $2 billion walked off in Iraq, and we still
haven't had accountability about that, but let's don't get too far off
the track. The fact of the matter is, the bill does all of these things
in order to prop up the false premise that the United States paid Iran
ransom. This is just plain wrong, and it is a waste of our time.
Mr. Speaker, I am concerned, as I have often been throughout this
Congress, that partisan measures such as this one are distracting our
attention from measures that we absolutely must pass, including today.
There are just 7 legislative days left until we break for another 44-
day recess, and that is after the Republicans shut down Congress for
the longest summer recess in modern history. It gives the term ``do-
nothing Congress'' a whole new meaning.
Once we recess next week, unless we do something different, we will
leave Washington until after the election. Yet, as of today, despite
considerable bipartisan concern, we haven't gotten a clean Zika
research funding bill, and we haven't gotten a bill on gun violence--
not a word on the subject except to threaten Democrats with punishment
for protesting this body's unconscionable inaction on the subject. We
haven't talked about flood relief for Louisiana. We haven't gotten a
bill on the water crisis in Flint, and the gentleman from Michigan (Mr.
Kildee) will address that in a few minutes. We are still dealing with
an opioid epidemic. Let me underscore that again. We are dealing with
an opioid epidemic in this country that is killing our children all
over this Nation, and we have not done anything about it.
The appropriations process has come to a complete standstill. That is
why we are out of here tonight. We are going to try to figure out what
we are going to do to discharge our responsibilities that are scheduled
for October 1; so we will be here next week. All of those out there in
Congress who don't know it, we will be here. We will be fiddling
around. We will be doing suspensions. We will be doing one-House
measures until the thing comes together, and it will. We will be
threatened with ``we will keep you here until Saturday, or we will keep
you here until Christmas.'' It goes on and on, kicking the can down the
road.
House Republicans continue to ignore their responsibilities to the
American people and waste time on partisan, go-nowhere bills--just like
the one we have here today--while Americans are forced to face critical
public health emergencies alone. In fact, in each public health crisis
before America, House Republicans have chosen to obstruct the
meaningful action and resources that are needed to save lives.
On the subject of Zika, this month, the Centers for Disease Control
and Prevention will run out of resources to fight the virus. More than
21,000 Americans have confirmed cases of Zika; yet Republican inaction
has forced the CDC to divert research funding away from other diseases.
They have had to take money out of the Ebola account, and Ebola has not
gone away. They are taking money out of the flu account and out of the
tuberculosis account, and those are not going away at any point in
time. They are taking cancer research money in order to keep its Zika
research program going, which is an immediate crisis. It is not just a
Florida thing or a Central America or a South America thing. There are
22,000 Americans who have this virus, and the Aedes aegypti mosquito is
not the only one that is carrying this virus. This has been researched
since 2009. It didn't just start yesterday, and it is not going to end
tomorrow, but something needs to be done today about this particular
crisis.
I quote CDC Director Tom Frieden. The Republican co-chair of the
Florida delegation and I had a hearing of our Florida delegation, and
Mr. Frieden
[[Page 13359]]
came to testify before us. He said: ``We are out of money, and we need
Congress to act.''
I am not sure how much more plainly it can be said. We need a clean
bill that provides adequate funding. Let's stop playing games with the
lives of women and infants and of the people in general who have
contracted this virus. It has now shown that it can affect the mental
stability of adults.
Mr. Speaker, we have some serious issues to tackle; so I am dismayed
to be on the floor today focusing on yet another messaging bill. There
will be headlines tomorrow. Members will go back home to their
districts and will talk about ``we stopped Obama and any future
President from paying ransom money.'' It was not ransom in the first
place--it was Iran's money. The prisoners who were released would have
been released. Had we done it a month earlier, I wonder if they would
have called it a ransom. Had we done it a month later, I wonder if they
would have called it a ransom. Yet this messaging bill comes here.
I hope that my colleagues across the aisle, in the final week before
we leave Washington, will let us address just some of the things that I
mentioned.
Mr. Speaker, I reserve the balance of my time.
Mr. BYRNE. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Williams).
Mr. WILLIAMS. Mr. Speaker, 2 weeks ago, the Obama administration
admitted to transferring $1.3 billion in cash to Iran after delivering
a $400 million cash payment on the same day that Iran released American
prisoners. The Obama administration tried to walk back its actions by
calling the first cash payment leverage, but the American people,
frankly, know better. The cash payment to Iran was a ransom payment--I
repeat, a ransom payment to Iran--plain and simple.
Let's get one thing straight here: Iran is our enemy. It is not our
friend. Iran is the enemy of our most important allies in the region
and not their friend. Iran's leadership has publicly promised to wipe
out America and to wipe out Israel--right off the map. Those are not
the words of a friend. Iran imprisons American citizens and taunts our
Navy every single day. That is not a friend. Iran is one of only three
nations our Department of State classifies as a ``state sponsor of
terrorism.''
Whether it is the Obama administration's refusal to utter the phrase
``radical Islam'' or the word ``ransom,'' it has tried time and again
to deceive the American people with its policies that have ultimately
made America less safe. As the increasingly popular saying goes: our
friends no longer trust us, and our enemies no longer fear us.
It is time for Congress to step in and block future cash payments to
Iran. As an original cosponsor of this bill, I urge my colleagues to
support the Prohibiting Future Payments to Iran Act.
In God we trust.
Mr. HASTINGS. Mr. Speaker, I yield myself such time as I may consume.
If this had been ransom, there is a person whom Iran has held
prisoner and about whom Iran has denied a lack of information to the
family--Robert Levinson, who has been in Iran for 9 years. I just can't
imagine that a ransom agreement or the meeting of a demand would not
have included information about Robert Levinson. That would be, in my
considered opinion, the height of ridiculousness; therefore, the
obviousness of leaving Mr. Levinson out of what would be a proposed
ransom strikes me as being strange.
Mr. Speaker, if we defeat the previous question, I am going to offer
an amendment to the rule to bring up comprehensive legislation that
provides the resources that are needed to help the families of Flint,
Michigan, recover from the lead drinking water crisis.
Mr. Speaker, the children and families of Flint are facing lifelong
damage as a result of lead exposure. It is long past time that this
Congress acted. We have an opportunity right now to bring up
legislation that would ensure the people of Flint will receive clean
drinking water and to provide health and educational support for the
children who are affected by the crisis.
Mr. Speaker, I ask unanimous consent to insert the text of the
amendment in the Record, along with extraneous material, immediately
prior to the vote on the previous question.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. HASTINGS. Mr. Speaker, a champion, among the champions of people
who are here in Congress, is Dan Kildee. I had the privilege of serving
with his uncle for a substantial portion of my career. I had the
privilege--and I have spoken with Dan about this--to visit with his
uncle before this particular crisis of Flint's and to discuss the
plight of the people in Flint and Pontiac and that general area.
In this particular instance, I hope we don't hear from people that
this isn't germane. This is the Democrats' motion to recommit, and
Republicans who care about the lead exposure that these children and
families have been exposed to in Flint can simply vote for the motion
to recommit, and we will be able to address this subject.
I yield 5 minutes to the distinguished gentleman from Flint, Michigan
(Mr. Kildee) to discuss our proposal.
Mr. KILDEE. I thank the gentleman from Florida (Mr. Hastings) for
yielding and for all of his advocacy on behalf of the people of my
community and, also, of the many forgotten people across the country.
Mr. Speaker, I rise in opposition to the previous question in order
to bring up a vote to finally help the people of my hometown of Flint,
Michigan.
In 2 days, it will have been 1 year since Dr. Mona Hanna-Attisha
released the results of her research that showed that blood levels of
the children in Flint showed significantly elevated levels of lead--
that the water that they had been drinking had poisoned them.
A year later, here we stand. This Congress has not yet acted to
provide any relief to a community that is facing the greatest crisis--
the greatest disaster--of its history. It has been a year since it was
known that that water was too dangerous to drink. Members in this body
have heard me speak about this before. It has been 2 years since,
actually, the water contained lead. It took that long for the
information, finally, to come to light; yet Congress has continuously
failed to act.
We have a way to get this done. I just ask my Republican colleagues
in the House to step out of the way and allow the bipartisan
legislation that has passed the Senate to have a vote so that it may be
included in the legislation that this body is considering. The House
can do so by following the Senate's lead, which passed legislation to
provide relief to Flint by a vote of 95-3. Let me just make this clear:
the United States Senate voted 95-3 to provide support for the people
of Flint--and yet nothing here in this House.
{time} 1300
We have an opportunity with the continuing resolution to include that
language in the continuing resolution and help the people of my
hometown, again, people who yet today cannot drink their water without
fear that it will poison them.
This is a fully paid-for provision. There was always debate about
whether we should be able to spend in case of emergency without having
an offset. In this case, we have an offset. So the argument has to be
that the people of Flint simply don't deserve to have their Federal
Government act in their moment of greatest need. I know from
conversations that I have had with Members on both sides of the aisle
that that cannot be the case.
I have had all sorts of expressions of sympathy. Many Members of
Congress have traveled to Flint, Democrats and Republicans, and have
expressed to me on an almost daily basis that they wish there was
something they could do to help those poor folks. Well, you know what?
Sympathy expresses sentiment, but it doesn't provide clean drinking
water for the people of my hometown. We have a chance to act.
Now, when this came before this body, this Congress, in the form of
hearings in the Committee on Oversight and Government Reform and the
[[Page 13360]]
Committee on Energy and Commerce, many of my Republican colleagues--
virtually every member of the Oversight and Government Reform
Committee--spoke up and said what a shame it was that the Federal
Government played a role in the crisis that Flint is facing, that the
Federal Government bore some responsibility.
Now, we can argue about how much responsibility lands at the State. I
think the majority of the responsibility is the State's, but I would
agree that this is failure at every level of government. My Republican
colleagues went so far as to call for a Cabinet member of the President
to resign because the Federal responsibility was so great that a member
of the President's Cabinet should step down because it was the Federal
Government who bore responsibility, in part.
Suddenly, when it is time to actually do something to help the people
of Flint, what do we have? All of a sudden, the narrative changes. All
of a sudden, what was a Federal problem with clear Federal
accountability and responsibility, universally demonstrated by my
friends on the other side of the aisle, when it comes time to take up a
paid-for piece of legislation that will not increase the deficit but
will help these poor folks who cannot drink their water, what do we
get? Shuffling of their feet. Stunned silence. Nothing. Nothing. Shame.
Shame.
What would you do if it was your hometown? What would you do if it
was your community?
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS. Mr. Speaker, I yield an additional 1 minute to the
gentleman from Michigan.
Mr. KILDEE. Mr. Speaker, you know what you would do. You would step
to the floor of this House and you would make sure every single day you
fought to get help for your community.
One of the first votes I cast when I came here was to help the
victims of a storm that was nowhere near my home, and I was proud to do
it because they were Americans who happened to be in need.
What is it about Flint? What is it about the people of Flint? Answer
me. What is it that separates them, that has them in a position where
their Federal Government can't come to their aid? When they can't drink
the water, when the water that comes from their tap is poison and we
have a chance to do something about it without increasing the Federal
deficit with an offset that is already identified, I hear nothing. I
hear nothing from the leadership of this House that gives any
indication that the people of Flint matter at all. Shame. Shame.
We ought to act, and we ought to do it now--not maybe 3 months from
now, not, ``Oh, Flint, maybe we will get you in the next bill or maybe
the next piece of legislation.'' Shame. We should bring it up now.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. BYRNE. Mr. Speaker, I yield myself such time as I may consume.
We are here today to talk about a bill that would address yet another
foreign policy and national security failure by the Obama
administration. The other issues that have been brought up are
important issues, but that is not what we are talking about today in
this rule.
The gentleman from Michigan knows probably far better than I do that
there are a number of people around here working on the Flint issue. We
could have a bill on the floor of this House as early as next week.
That is certainly my hope and the hope of a lot of other people. I am
not privy to all of what is going on there, but I understand that may
be coming. That is not what we are here about today.
It is not unusual for me to stand up here when I am managing one of
these rules and hear our friends on the other side want to bring up
everything other than the topic of what is in the rule because they
don't want to talk about the foreign policy and national security
failures of the Obama administration. Well, the American people want us
to do something about that. They are worried when they see somebody put
bombs in trash cans in New York, when somebody stabs people to death in
Minnesota. They want to see us doing something. We are trying to do
something about that with numerous pieces of legislation that we bring
forward in this House; and whenever we bring them up, we hear from the
other side about everything else.
Well, today we are here to talk about stopping this President and
future Presidents from sending pallets of cash to Iran. That is what we
are talking about. So I want us to get back to that debate because that
is an important debate for the American people.
I reserve the balance of my time.
Mr. HASTINGS. Mr. Speaker, I yield myself the balance of my time to
close.
Earlier, I misspoke when I said that we could vote for the motion to
recommit. I should have said--and I correct the Record now--the
previous question was what I was speaking of. The simple fact of the
matter is we can vote in support of the previous question, and then we
would be able to address the Flint crisis.
Mr. Speaker, I want to reiterate that this bill is nothing more than
an attempt by the majority to make political hay of the recent payment
to the Government of Iran, a payment that was a legal settlement. It
seems to get ignored by my friends that the United States and Iran are
participants in a claims tribunal that was established 35 years ago
under the Algiers Accords because Iran had held our hostages, and we
needed a methodology to be able to pay and have those hostages
remunerated appropriately. That said, $2.5 billion has been paid to
American claims rightly. This framework is being followed, and what
this legislation that is going nowhere would do, if it went somewhere,
would be to fly in the face of that framework that was established.
By prohibiting any future payments to Iran, this bill could put us in
the position of violating the Algiers Accords and owing even more
money. It comes at the expense of addressing issues that really matter,
like Flint, like Zika, like the opioid epidemic, like gun violence,
like the Louisiana floods and the crumbling infrastructure of this
Nation. The list goes on and on.
I urge my colleagues to oppose this rule and the underlying measure.
I yield back the balance of my time.
Mr. BYRNE. Mr. Speaker, I yield myself the balance of my time to
close.
The gentleman said earlier in his remarks that there are times when
the United States has to have interactions with bad people. As a member
of the Armed Services Committee, I understand that. We do. But we
should be wise in doing so. He and I completely agreed about the ill
wisdom of the deal that President Obama struck with Iran; nonetheless,
he struck the deal.
He said that there are 200 Iranian claims pending. I have no idea if
any of those claims are meritorious. But if even one of them is
meritorious, I don't think he would agree--and I know I don't agree,
and the vast majority of people in America don't agree--that you pay
such a claim by sending pallets of cash. Why would they do that? Why
would any President of the United States send pallets of cash to the
leading state sponsor of terrorism? It is to hide what they were doing,
and they have been found out. We should never do that with anyone, but
particularly not with an enemy.
The other thing that this bill provides, besides a prohibition on
that--and that is so common sense that I don't know how we could
disagree about it--is it requires congressional notification. Don't we
want the Congress, as a coequal branch of government, to know before we
pay money to the leading state sponsor of terrorism? Don't we want to
let the American people know what is going on?
This is a very commonsense bill. The people of the United States
expect us to do nothing less than this. So while I appreciate some of
the other things we heard about it, some of the other issues they
mentioned, let's focus on this. Let's at least get this done so that
this President and no President can ever, ever again pay ransom to
Iran.
Mr. Speaker, I again urge my colleagues to support House Resolution
879 and the underlying legislation.
The material previously referred to by Mr. Hastings is as follows:
[[Page 13361]]
An Amendment to H. Res. 879 Offered by Mr. Hastings
At the end of the resolution, add the following new
sections:
Sec. 3. Immediately upon adoption of this resolution the
Speaker shall, pursuant to clause 2(b) of rule XVIII, declare
the House resolved into the Committee of the Whole House on
the state of the Union for consideration of the bill (H.R.
4479) to provide emergency assistance related to the Flint
water crisis, and for other purposes. The first reading of
the bill shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chair and ranking minority
member of the Committee on Energy and Commerce. After general
debate the bill shall be considered for amendment under the
five-minute rule. All points of order against provisions in
the bill are waived. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions. If the Committee of the Whole rises and
reports that it has come to no resolution on the bill, then
on the next legislative day the House shall, immediately
after the third daily order of business under clause 1 of
rule XIV, resolve into the Committee of the Whole for further
consideration of the bill.
Sec. 4. Clause 1(c) of rule XIX shall not apply to the
consideration of H.R. 4479.
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Republican majority agenda and a vote to allow
the Democratic minority to offer an alternative plan. It is a
vote about what the House should be debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives (VI, 308-311), describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
The Republican majority may say ``the vote on the previous
question is simply a vote on whether to proceed to an
immediate vote on adopting the resolution . . . [and] has no
substantive legislative or policy implications whatsoever.''
But that is not what they have always said. Listen to the
Republican Leadership Manual on the Legislative Process in
the United States House of Representatives, (6th edition,
page 135). Here's how the Republicans describe the previous
question vote in their own manual: ``Although it is generally
not possible to amend the rule because the majority Member
controlling the time will not yield for the purpose of
offering an amendment, the same result may be achieved by
voting down the previous question on the rule. . . . When the
motion for the previous question is defeated, control of the
time passes to the Member who led the opposition to ordering
the previous question. That Member, because he then controls
the time, may offer an amendment to the rule, or yield for
the purpose of amendment.''
In Deschler's Procedure in the U.S. House of
Representatives, the subchapter titled ``Amending Special
Rules'' states: ``a refusal to order the previous question on
such a rule [a special rule reported from the Committee on
Rules] opens the resolution to amendment and further
debate.'' (Chapter 21, section 21.2) Section 21.3 continues:
``Upon rejection of the motion for the previous question on a
resolution reported from the Committee on Rules, control
shifts to the Member leading the opposition to the previous
question, who may offer a proper amendment or motion and who
controls the time for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Republican
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Mr. BYRNE. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HASTINGS. 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.
____________________
EMPOWERING EMPLOYEES THROUGH STOCK OWNERSHIP ACT
Mr. BRADY of Texas. Mr. Speaker, pursuant to House Resolution 875, I
call up the bill (H.R. 5719) to amend the Internal Revenue Code of 1986
to modify the tax treatment of certain equity grants, and ask for its
immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 875, the
amendment in the nature of a substitute recommended by the Committee on
Ways and Means, printed in the bill, is adopted, and the bill, as
amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 5719
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 ``Empowering Employees through
Stock Ownership Act''.
SEC. 2. TREATMENT OF QUALIFIED EQUITY GRANTS.
(a) In General.--
(1) Election to defer income.--Section 83 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(i) Qualified Equity Grants.--
``(1) In general.--For purposes of this subtitle, if
qualified stock is transferred to a qualified employee who
makes an election with respect to such stock under this
subsection--
``(A) except as provided in subparagraph (B), no amount
shall be included in income under subsection (a) for the
first taxable year in which the rights of the employee in
such stock are transferable or are not subject to a
substantial risk of forfeiture, whichever is applicable, and
``(B) an amount equal to the amount which would be included
in income of the employee under subsection (a) (determined
without regard to this subsection) shall be included in
income for the taxable year of the employee which includes
the earliest of--
``(i) the first date such qualified stock becomes
transferable (including transferable to the employer),
``(ii) the date the employee first becomes an excluded
employee,
``(iii) the first date on which any stock of the
corporation which issued the qualified stock becomes readily
tradable on an established securities market (as determined
by the Secretary, but not including any market unless such
market is recognized as an established securities market by
the Secretary for purposes of a provision of this title other
than this subsection),
``(iv) the date that is 7 years after the first date the
rights of the employee in such stock are transferable or are
not subject to a substantial risk of forfeiture, whichever
occurs earlier, or
``(v) the date on which the employee revokes (at such time
and in such manner as the Secretary may provide) the election
under this subsection with respect to such stock.
``(2) Qualified stock.--
``(A) In general.--For purposes of this subsection, the
term `qualified stock' means, with respect to any qualified
employee, any stock in a corporation which is the employer of
such employee, if--
``(i) such stock is received--
``(I) in connection with the exercise of an option, or
``(II) in settlement of a restricted stock unit, and
``(ii) such option or restricted stock unit was provided by
the corporation--
``(I) in connection with the performance of services as an
employee, and
``(II) during a calendar year in which such corporation was
an eligible corporation.
``(B) Limitation.--The term `qualified stock' shall not
include any stock if the employee may sell such stock to, or
otherwise receive cash in lieu of stock from, the corporation
at the time that the rights of the employee in such stock
first become transferable or not subject to a substantial
risk of forfeiture.
``(C) Eligible corporation.--For purposes of subparagraph
(A)(ii)(II)--
``(i) In general.--The term `eligible corporation' means,
with respect to any calendar year, any corporation if--
``(I) no stock of such corporation (or any predecessor of
such corporation) is readily tradable on an established
securities market (as determined under paragraph (1)(B)(iii))
during any preceding calendar year, and
``(II) such corporation has a written plan under which, in
such calendar year, not less
[[Page 13362]]
than 80 percent of all employees who provide services to such
corporation in the United States (or any possession of the
United States) are granted stock options, or restricted stock
units, with the same rights and privileges to receive
qualified stock.
``(ii) Same rights and privileges.--For purposes of clause
(i)(II)--
``(I) except as provided in subclauses (II) and (III), the
determination of rights and privileges with respect to stock
shall be determined in a similar manner as provided under
section 423(b)(5),
``(II) employees shall not fail to be treated as having the
same rights and privileges to receive qualified stock solely
because the number of shares available to all employees is
not equal in amount, so long as the number of shares
available to each employee is more than a de minimis amount,
and
``(III) rights and privileges with respect to the exercise
of an option shall not be treated as the same as rights and
privileges with respect to the settlement of a restricted
stock unit.
``(iii) Employee.--For purposes of clause (i)(II), the term
`employee' shall not include any employee described in
section 4980E(d)(4) or any excluded employee.
``(iv) Special rule for calendar years before 2017.--In the
case of any calendar year beginning before January 1, 2017,
clause (i)(II) shall be applied without regard to whether the
rights and privileges with respect to the qualified stock are
the same.
``(3) Qualified employee; excluded employee.--For purposes
of this subsection--
``(A) In general.--The term `qualified employee' means any
individual who--
``(i) is not an excluded employee, and
``(ii) agrees in the election made under this subsection to
meet such requirements as determined by the Secretary to be
necessary to ensure that the withholding requirements of the
corporation under chapter 24 with respect to the qualified
stock are met.
``(B) Excluded employee.--The term `excluded employee'
means, with respect to any corporation, any individual--
``(i) who was a 1-percent owner (within the meaning of
section 416(i)(1)(B)(ii)) at any time during the 10 preceding
calendar years,
``(ii) who is or has been at any prior time--
``(I) the chief executive officer of such corporation or an
individual acting in such a capacity, or
``(II) the chief financial officer of such corporation or
an individual acting in such a capacity,
``(iii) who bears a relationship described in section
318(a)(1) to any individual described in subclause (I) or
(II) of clause (ii), or
``(iv) who has been for any of the 10 preceding taxable
years one of the 4 highest compensated officers of such
corporation determined with respect to each such taxable year
on the basis of the shareholder disclosure rules for
compensation under the Securities Exchange Act of 1934 (as if
such rules applied to such corporation).
``(4) Election.--
``(A) Time for making election.--An election with respect
to qualified stock shall be made under this subsection no
later than 30 days after the first time the rights of the
employee in such stock are transferable or are not subject to
a substantial risk of forfeiture, whichever occurs earlier,
and shall be made in a manner similar to the manner in which
an election is made under subsection (b).
``(B) Limitations.--No election may be made under this
section with respect to any qualified stock if--
``(i) the qualified employee has made an election under
subsection (b) with respect to such qualified stock,
``(ii) any stock of the corporation which issued the
qualified stock is readily tradable on an established
securities market (as determined under paragraph (1)(B)(iii))
at any time before the election is made, or
``(iii) such corporation purchased any of its outstanding
stock in the calendar year preceding the calendar year which
includes the first time the rights of the employee in such
stock are transferable or are not subject to a substantial
risk of forfeiture, unless--
``(I) not less than 25 percent of the total dollar amount
of the stock so purchased is deferral stock, and
``(II) the determination of which individuals from whom
deferral stock is purchased is made on a reasonable basis.
``(C) Definitions and special rules related to limitation
on stock redemptions.--
``(i) Deferral stock.--For purposes of this paragraph, the
term `deferral stock' means stock with respect to which an
election is in effect under this subsection
``(ii) Deferral stock with respect to any individual not
taken into account if individual holds deferral stock with
longer deferral period.--Stock purchased by a corporation
from any individual shall not be treated as deferral stock
for purposes of clause (iii) if such individual (immediately
after such purchase) holds any deferral stock with respect to
which an election has been in effect under this subsection
for a longer period than the election with respect to the
stock so purchased.
``(iii) Purchase of all outstanding deferral stock.--The
requirements of subclauses (I) and (II) of subparagraph
(B)(iii) shall be treated as met if the stock so purchased
includes all of the corporation's outstanding deferral stock.
``(iv) Reporting.--Any corporation which has outstanding
deferral stock as of the beginning of any calendar year and
which purchases any of its outstanding stock during such
calendar year shall include on its return of tax for the
taxable year in which, or with which, such calendar year ends
the total dollar amount of its outstanding stock so purchased
during such calendar year and such other information as the
Secretary may require for purposes of administering this
paragraph.
``(5) Controlled groups.--For purposes of this subsection,
all corporations which are members of the same controlled
group of corporations (as defined in section 1563(a)) shall
be treated as one corporation.
``(6) Notice requirement.--Any corporation that transfers
qualified stock to a qualified employee shall, at the time
that (or a reasonable period before) an amount attributable
to such stock would (but for this subsection) first be
includible in the gross income of such employee--
``(A) certify to such employee that such stock is qualified
stock, and
``(B) notify such employee--
``(i) that the employee may elect to defer income on such
stock under this subsection, and
``(ii) that, if the employee makes such an election--
``(I) the amount of income recognized at the end of the
deferral period will be based on the value of the stock at
the time at which the rights of the employee in such stock
first become transferable or not subject to substantial risk
of forfeiture, notwithstanding whether the value of the stock
has declined during the deferral period,
``(II) the amount of such income recognized at the end of
the deferral period will be subject to withholding under
section 3401(i) at the rate determined under section 3402(t),
and
``(III) the responsibilities of the employee (as determined
by the Secretary under paragraph (3)(A)(ii)) with respect to
such withholding.''.
(2) Deduction by employer.--Subsection (h) of section 83 of
the Internal Revenue Code of 1986 is amended by striking ``or
(d)(2)'' and inserting ``(d)(2), or (i)''.
(b) Withholding.--
(1) Time of withholding.--Section 3401 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(i) Qualified Stock for Which an Election Is in Effect
Under Section 83(i).--For purposes of subsection (a),
qualified stock (as defined in section 83(i)) with respect to
which an election is made under section 83(i) shall be
treated as wages--
``(1) received on the earliest date described in section
83(i)(1)(B), and
``(2) in an amount equal to the amount included in income
under section 83 for the taxable year which includes such
date.''.
(2) Amount of withholding.--Section 3402 of such Code is
amended by adding at the end the following new subsection:
``(t) Rate of Withholding for Certain Stock.--In the case
of any qualified stock (as defined in section 83(i)) with
respect to which an election is made under section 83(i)--
``(1) the rate of tax under subsection (a) shall not be
less than the maximum rate of tax in effect under section 1,
and
``(2) such stock shall be treated for purposes of section
3501(b) in the same manner as a non-cash fringe benefit.''.
(c) Coordination With Other Deferred Compensation Rules.--
(1) Election to apply deferral to statutory options.--
(A) Incentive stock options.--Section 422(b) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following: ``Such term shall not include any option if an
election is made under section 83(i) with respect to the
stock received in connection with the exercise of such
option.''.
(B) Employee stock purchase plans.--Section 423(a) of such
Code is amended by adding at the end the following flush
sentence:
``The preceding sentence shall not apply to any share of
stock with respect to which an election is made under section
83(i).''.
(2) Exclusion from definition of nonqualified deferred
compensation plan.--Subsection (d) of section 409A of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(7) Treatment of qualified stock.--An arrangement under
which an employee may receive qualified stock (as defined in
section 83(i)(2)) shall not be treated as a nonqualified
deferred compensation plan solely because of an employee's
ability to defer recognition of income pursuant to an
election under section 83(i).''.
(d) Information Reporting.--Section 6051(a) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the
end of paragraph (13), by striking the period at the end of
paragraph (14) and inserting a comma, and by inserting after
paragraph (14) the following new paragraphs:
``(15) the amount excludable from gross income under
subparagraph (A) of section 83(i)(1),
``(16) the amount includible in gross income under
subparagraph (B) of section 83(i)(1) with respect to an event
described in such subparagraph which occurs in such calendar
year, and
``(17) the aggregate amount of income which is being
deferred pursuant to elections under section 83(i),
determined as of the close of the calendar year.''.
(e) Penalty for Failure of Employer To Provide Notice of
Tax Consequences.--Section 6652 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(o) Failure to Provide Notice Under Section 83(i).--In
the case of each failure to provide a notice as required by
section 83(i)(6), at
[[Page 13363]]
the time prescribed therefor, unless it is shown that such
failure is due to reasonable cause and not to willful
neglect, there shall be paid, on notice and demand of the
Secretary and in the same manner as tax, by the person
failing to provide such notice, an amount equal to $100 for
each such failure, but the total amount imposed on such
person for all such failures during any calendar year shall
not exceed $50,000.''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to stock
attributable to options exercised, or restricted stock units
settled, after December 31, 2016.
(2) Requirement to provide notice.--The amendments made by
subsection (e) shall apply to failures after December 31,
2016.
(g) Transition Rule.--Until such time as the Secretary (or
the Secretary's delegate) issue regulations or other guidance
for purposes of implementing the requirements of paragraph
(2)(C)(i)(II) of section 83(i) of the Internal Revenue Code
of 1986 (as added by this section), or the requirements of
paragraph (6) of such section, a corporation shall be treated
as being in compliance with such requirements (respectively)
if such corporation complies with a reasonable good faith
interpretation of such requirements.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour,
equally divided and controlled by the chair and ranking minority member
of the Committee on Ways and Means.
The gentleman from Texas (Mr. Brady) and the gentleman from Michigan
(Mr. Levin) each will control 30 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. BRADY of Texas. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
to include any extraneous material on H.R. 5719, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. BRADY of Texas. Mr. Speaker, I yield myself such time as I may
consume.
America's startup companies are a driving force behind our Nation's
dynamic and prosperous free enterprise system. Over the past century,
bold, innovative Americans have taken risks and started businesses of
all sizes that deliver opportunity for millions of middle class
families and workers.
We should do everything we can to help America's startups attract the
talented, hardworking employees they need to put their breakthrough
ideas into motion. One of the best things we can do is ensure that our
Tax Code supports American innovators. Our Tax Code must support--not
suppress--innovation, entrepreneurship, and economic freedom.
Today, I am honored to speak in support of legislation to do just
that, Congressman Erik Paulsen's Empowering Employees through Stock
Ownership Act.
{time} 1315
This bipartisan, bicameral legislation takes action to keep America
at the forefront of innovation by supporting startups and the workers
who help them thrive.
Right now many startup companies offer their workers stock options as
a portion of their compensation. This helps startups attract top talent
because they may not have the money to pay high salaries offered by
larger businesses.
The problem is, many startup workers can't exercise their stock
options because they don't make enough to afford the associated tax
payment. In addition, many startups are privately held, so there may
not be an available market for these workers to sell some of the stocks
so they can pay the tax.
Ultimately, this means a portion of a startup worker's compensation--
sometimes a significant portion--can be essentially out of reach. So
when a worker is considering whether to take a job at an exciting new
small business, this issue can make the opportunity in that company a
lot less attractive.
Congressman Paulsen's commonsense legislation fixes the problem. It
allows startup workers to defer the tax payment on their stock options
for 7 years or until there is an ability to sell the stock, whichever
comes first. Importantly, the bill includes provisions to ensure this
tax relief can only be utilized by workers who need it. Those who hold
large equity stakes in a startup or highly paid positions at the
company won't be eligible.
The bottom line is that by facilitating employee ownership, this bill
will not only help startups attract talent, it will allow their workers
to own a stake in that next breakthrough product or service.
Congressman Paulsen is a long-time champion of employee ownership,
free enterprise, and economic freedom--pillars of a strong American
economy. I want to thank him for his leadership on this important
bipartisan legislation, and I urge all my colleagues to join me in
supporting its passage.
The Empowering Employees through Stock Ownership Act is a smart,
bipartisan solution to help ensure that American startups will continue
to be a driving force behind American innovation, job growth, and
prosperity.
Mr. Speaker, I reserve the balance of my time, and I ask unanimous
consent that the gentleman from Minnesota (Mr. Paulsen) be permitted to
control the balance of my time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
This bill addresses an issue that is worthy of being addressed. It
surely would be taken up as part of overall tax reform. But this bill
surely is not an emergency; and costing over $1 billion, it is not paid
for.
Today, as this House leaves, there has been no action on Flint. That
is an emergency--poisoned water, children at risk--and it is being
required that emergency funding for Flint be paid for. In contrast,
action on this bill is in no way an emergency, and it is not being
required to be paid for.
And still no attention to Zika. That is an emergency. It is spreading
while some here in D.C. are stalling. I quote Anthony Fauci, the
Director of the National Institute of Allergy and Infectious Diseases.
This is what he told one writer:
``First, we took money from other infections. We borrowed money from
ourselves from malaria and TB.
``When we ran out of that money, we started tapping into the Ebola
funds that we really should not be tapping into because we still need
them to keep the lid on Ebola.''
``When we ran out of that . . . Secretary . . . Burwell had to do
something she really did not want to do. She had to take money using
her transfer authority from cancer, diabetes, heart disease and mental
health and give it to us to be able to continue to prepare the sites
for the Zika vaccine trials that we will be performing.''
So Zika, that is an emergency. It is spreading here while we, as I
said, in D.C. are stalling. Here we go once again on this legislation,
not an emergency, not being paid for. I think the way the House
majority is handling this legislation and other legislation, or the
lack of it, is inexcusable and in some respects is immoral.
Let me read from the Statement of Administration Policy: ``The
Administration is committed to helping startups, boosting innovation,
and growing the economy, and is willing to work with the Congress on
fiscally responsible measures to achieve those goals. However, the
Administration strongly opposes H.R. 5719 because it would increase the
Federal deficit by $1 billion over the next ten years. Failing to pay
for new tax cuts is fiscally irresponsible.''
Mr. Speaker, working on stock options and the tax treatment of it is
one thing. Zika and Flint are orders of a different magnitude. For
these reasons and others, I urge a ``no'' vote.
I reserve the balance of my time.
Mr. PAULSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, when you ask a small-business owner or an entrepreneur
about the challenge of starting a new business, they will often tell
you that the key to their success is keeping talented employees and
recruiting talented employees to keep their company moving forward.
Today we have an opportunity to help startup companies. The
Empowering Employees through Stock Ownership Act is a bipartisan
initiative that
[[Page 13364]]
focuses on two simple but very important concepts: keeping the United
States on the forefront of innovation and promoting employee ownership.
I want to thank the gentleman from New York (Mr. Crowley) for his
bipartisan leadership on this issue as well.
Mr. Speaker, today our Tax Code is forcing many mid- and lower-level
employees at startup companies and businesses around the country to let
a very promising investment opportunity pass them by. Unlike employees
at larger, more established companies, startup employees are often
offered compensation in the form of stock options, a significant part
of their compensation. And it is a common practice for a business that
is developing a new and promising technology but is not yet profitable.
More and more employees of startups these days aren't exercising
their stock options, and that is because if they do, they get hit with
a tax bill from the IRS, a tax bill that can be unaffordable because
they don't have the cash available to make the tax payment which is due
immediately. As a result, employees are letting their stock options
expire, missing out on thousands and thousands of dollars that could
help them send their kids to college or plan for their retirement.
So here is a simple solution today, Mr. Speaker. The Empowering
Employees through Stock Ownership Act will let an employee defer their
tax payment for a reasonable period--7 years--or until there is a
market for their stock, which they could then sell to get the money
needed to pay the tax bill.
Many employees are drawn to startup businesses these days for the
opportunity to work on shaping the future, the next innovative solution
that can improve the lives of millions of people. It might be in health
care, it might be treating cancer, or it could be in developing new
mobile computer technology.
They are also drawn, though, to the chance and the opportunity to
have some ownership over this new idea. However, some are now choosing
to instead stay at or go to a larger, established company because they
know at a startup business they could face a very unfortunate tax
situation.
So to put it simply, Mr. Speaker, the Tax Code should not stand in
the way of developing new, life-changing technologies. We should help
these startups attract new employees and new talent and help those
employees chase their dreams to seek new, creative environments that
could lead to the next breakthrough innovation.
The legislation is also designed to promote employee ownership. Only
those individuals at startup businesses where similar stock options are
offered to 80 percent of their employees or more will be eligible for
the tax deferral provided in the bill. This will encourage businesses
to offer more of their employees an ownership stake, as well as serve
as a very important guardrail to prevent companies that only offer
stock options to a select few high-level employees from taking
advantage of any provisions in the legislation.
Importantly, the Empowering Employees through Stock Ownership Act
also contains several provisions to ensure that only those employees
who truly need tax deferral are actually able to obtain it. Individuals
that own more than 1 percent of a business, the CEO, the CFO, and the
four highest paid employees at a business are not eligible for
deferral.
Mr. Speaker, the Empowering Employees through Stock Ownership Act is
part of Leader McCarthy's Innovation Initiative here in the House. It
is endorsed by the Venture Capital Association, the Small Business and
Entrepreneurship Council, and dozens of businesses around the country.
I include in the Record their three letters of support.
National Venture Capital
Association,
September 7, 2016.
Hon. Erik Paulsen,
House of Representatives,
Washington, DC.
Hon. Joseph Crowley,
House of Representatives,
Washington, DC.
Dear Representatives Paulsen and Crowley: On behalf of our
nation's venture capital investors and the entrepreneurs they
support, I write to express our support for H.R. 5719, the
Empowering Employees through Stock Ownership Act, and to
thank you for your leadership on this important issue. This
legislation would allow startup employees to defer tax
liability on income arising from exercised but illiquid stock
options.
As you know, stock options are a critical tool for
attracting talented individuals to work at our nation's
startups. Employees are often compensated with stock options
as a promise that if the startup succeeds, everybody shares
in the gain. And, stock options are particularly important
for startups who are often cash strapped and using all
resources available to develop and build a novel product. But
as the U.S. capital markets have become more hostile to small
capitalization companies, increasingly startups are opting to
stay private longer rather than pursue an initial public
offering (IPO). This has given rise to challenges for
employees at our nation's startups when their stock options
vest without a liquid market to sell their shares in order to
pay the taxes that are due.
Your legislation to allow an additional period of time for
employees to defer taxes on exercised stock options is a
common sense solution to this challenge that will encourage
more talented Americans to help build today's startups into
tomorrow's Fortune 500 success stories. We must make new
company creation a national priority to compete in the 21st
century economy. Your bill will help us avoid a startup brain
drain by preserving the value of stock options for employees.
NVCA and its member firms look forward to working with you to
pass this legislation into law and protect the value of stock
options for startup employees. Again, thank you for your
leadership on this important issue.
Sincerely,
Bobby Franklin,
President and CEO.
____
Small Business &
Entrepreneurship Council,
September 19, 2016.
Hon. Erik Paulsen,
House of Representatives,
Washington, DC.
Hon. Joe Crowley,
House of Representatives,
Washington, DC.
Dear Representatives Paulsen and Crowley: The Small
Business & Entrepreneurship Council (SBE Council) and its
100,000 members nationwide strongly support H.R. 5719, the
Empowering Employees Through Stock Ownership Act.
Startup companies face many obstacles, including the
recruitment and retention of skilled employees. Employees at
startup companies often do not enjoy the higher salaries
offered at established companies, but are drawn to the idea
of helping to build an enterprise that is at the forefront of
the next innovation. At many startup companies, employees are
offered stock options or equity ownership to compensate for
lower compensation and to share ownership in the company.
Currently, if employees exercise these options, they are
required to pay taxes immediately but sometimes lack the
resources to do so. That means they may miss out on a
potential financial opportunity. This is a barrier for some
individuals to join a start-up, which means both the company
and individual lose, and so does our economy.
H.R. 5719 resolves this barrier by allowing employees seven
years or before the stock becomes tradeable on an established
market to pay the taxes when they exercise options. H.R. 5719
will help startup companies attract and keep talented
employees, and provide skilled individuals another key
incentive to join these promising businesses.
Thank you for your leadership on this important issue. SBE
Council looks forward to working with you to advance H.R.
5719 into law.
Sincerely,
Karen Kerrigan,
President & CEO.
____
September 19, 2016.
Hon. Erik Paulsen,
Cannon House Office Building,
Washington, DC.
Hon. Joseph Crowley,
Longworth House Office Building,
Washington, DC.
Dear Representative Paulsen and Representative Crowley: We
write you to express our support for H.R. 5719, the
Empowering Employees through Stock Ownership Act (EESO). This
bipartisan initiative, led by your efforts, will make it
possible for more employees to obtain an ownership stake in
the companies they help build and make it easier for startups
and private companies to attract the talent necessary to grow
the economy.
Part of the lure of startups and many private companies is
the ability for virtually all employees to own a piece of
their company. Unfortunately, it is difficult for many
private company employees to realize the value of their
equity (either through exercise or vesting) because of the
unique way tax rules apply to employee grants at private
[[Page 13365]]
companies. Under current law, employees are often required to
pay taxes on the value of their shares long before they are
able to sell and realize the economic value of those shares.
This is due to the fact that, unlike public company employees
who are able to sell shares in the public markets to offset
the tax consequences of exercised or vested equity grants,
private company employees do not have the ability to sell
their shares since no public market (or liquid secondary
market) exists. This means that many private company
employees cannot cover the cost of taxes at the time of
exercise/vesting through the sale of shares, but, instead,
must pay those costs out of pocket.
This situation is exacerbated for employees who have seen
their options or shares grow significantly in value since
their date of grant. In this case, taxes due on the
difference between grant price and fair market value on the
exercise or vesting date will be significant, meaning that
many employees will never be able to afford to exercise their
options and hold shares. As a result, many private company
employees allow their equity grants to expire and lose a
significant component of their compensation and potential
future growth through the ownership stake.
Your legislation would help solve this problem for many
employees by providing them with the ability to choose to
defer the payment of the income tax due upon exercise (or
vesting in the case of restricted stock units) until the
underlying stock is sold. This legislation is structured to
minimize the revenue impact to all stakeholders by simply
changing the timing of when income taxes are payable.
Again, we thank you for your leadership on this issue. We
look forward to working with you to help enact this common
sense modification to our country's tax laws so that
employees of innovative American companies are able to
acquire and retain more of their ownership interests in the
businesses they help build.
Sincerely,
Palantir Technologies; Avalara, Inc.; AppNexus Inc; Bloom
Energy; Sonos; Space Exploration Technologies Corp.; Return
Path; Stripe; NASDAQ Private Market; Acquia Inc.; Addepar;
Sailpoint Technologies Inc.; Casper; Meetup; Betterment;
Squarespace; Bromium; Engine; TechNet: The Voice of the
Innovation Economy; Kleiner Perkins Caulfield Byer.
Angel Capital Association; Techstars; Hackers/Founders;
Kansas City Startup Foundation; KC Tech Council; Y
Combinator; GitHub Inc.; 23andMe, Inc.; Gusto; TechNexus;
Accel; The Brandery; duolingo; Kabbage Inc.; Able Lending,
Inc.; Garmentory; hobbyDB; Foot Cardigan; Equityzen Inc.;
Foursquare.
2nd MD; Zaarly; Wealthfront Inc.; Hyperloop One; Medici.md;
Automattic; Decibly; Medium; ClipMine, Inc.; whiteLabelLabs;
Red & Blue Ventures; Global Accelerator Network; AIRMIKA,
INC.; Innovation State; Hacom LLC; Village Capital; Help
Scout; Filament; 60secondz; GeekGirlWeb, LLC.
Virtkick, Inc.; Speed & Function; 804RVA; Wefunder;
Neighborland; Goalbook; Bristlecone Holdings; Blue Startups;
Seed Philly; Lighthouse Labs; Hangar; Carao Ventures; Pick1;
Alpha Prime Ventures; eShares, Inc.; CrowdCheck Inc.; Lean
Team Tuning LLC.
Mr. PAULSEN. I urge all my colleagues in supporting this very
commonsense, bipartisan, and bicameral legislation to increase employee
ownership and accelerate American innovation.
Mr. Speaker, I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield such time as he may consume to the
distinguished gentleman from New York (Mr. Crowley), someone who has
been a sponsor of this bill, and I ask unanimous consent that he be
allowed to control the balance of my time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CROWLEY. Mr. Speaker, I thank the gentleman from Michigan for
yielding me the time.
I first want to recognize Congressman Erik Paulsen, my colead in
drafting the Empowering Employees through Stock Ownership Act that we
are debating today here on the floor. I appreciate his work in helping
to draft this and our offices working together to do that.
We have drafted up a bipartisan bill that, on the merits, should be
able to pass the House with an overwhelming majority--overwhelming
majority. But I must state my disappointment with the majority--and not
necessarily with the sponsor of this bill, but the leadership of the
majority--for refusing to allow a simple up-or-down vote on my
amendment, joined by the gentlewoman from California (Ms. Eshoo), to
offset the $1 billion cost of this bill over 10 years, so that we could
empower workers without saddling our children and our grandchildren and
our great-grandchildren with more debt.
Now that, in and of itself, is problematic in terms of hoisting
additional debt on our children, grandchildren, and great-
grandchildren, if it weren't for the fact that we also have crises
facing America, including the Zika virus.
I wonder how the women who today are pregnant and have the virus in
them feel about the fact that we are doing a tax bill today, unpaid
for, and yet are requiring an offset or a pay-for for money to go
towards Zika virus, or the fact that we have been here for over a year
and have not yet found the wherewithal to help the good people of
Flint, Michigan, unless we find a way to pay for that assistance and
that help; but somehow we are able to do this worthy bill on its face
without a pay-for.
With respect to the underlying bill, I think all of us are growing
increasingly concerned that far too many American workers have not been
sharing in the success of the companies that they helped make
successful. This bill aims to address that issue by promoting employee
ownership, very egalitarian, something I know many on my side of the
aisle are very excited about.
The Empowering Employees through Stock Ownership Act would allow
workers at privately held firms and startups to defer the income taxes
on their stock options up to 7 years or until a triggering event occurs
that allows the stock to be sold, whichever occurs sooner.
The proposed legislation is needed to address real-world situations
where employees of privately held firms, who are provided the
opportunity to become part owners of the company they helped build
through the granting of stock options and shares, cannot exercise that
stock without paying taxes on them as income, even though the options
cannot be readily sold. For example, there is no market for them to be
sold on.
Businesses often offer stock to employees to share the value of their
companies, recruit and maintain talented workers, and offer
compensation in addition to a salary that they receive. Stock options
also provide smaller startup companies the ability to compete with
larger, more established companies in attracting top talent.
{time} 1330
Currently, when an employee exercises their right to obtain stock in
their company, it is a taxable event and taxed in the same way as any
other form of compensation they receive.
In publicly traded companies, when employees exercise their stock
options or shares vest, the employee is able to turn around and sell a
small portion of that stock that is on the public market to pay the tax
they owe, while at the same time continuing to retain shares and
partial ownership of the company they work for.
Unfortunately, for employees of private companies and startups, there
is no market for employees to sell their shares to cover the tax
liability that they are exposed to in the same way that a publicly
traded company employee has those liabilities.
This tax burden prevents employees of privately held companies from
exercising their stock in the first place. That means they lose out on
a share of their income, they lose out on the ability to become an
owner in their company, and they lose out on part of their investment
in their employer's long-term goals.
This bill defers the taxes owed for employees of privately held
companies for 7 years or until there is what is known as a ``triggering
event,'' which occurs when a stock is sold. Examples of triggering
events are stock buybacks, acquisitions, or the company itself going
public.
Besides making it easier for lower-wage workers to become owners in
their company, this bill encourages companies to offer more stock to
more workers. We do this by stating that, to obtain these important
recruitment and retention benefits, a company must offer at least 80
percent of their
[[Page 13366]]
full-time workforce the option to own stock. This 80 percent employee
participation number excludes those who own 1 percent or more of the
company as well as the CEO and CFO and the four highest-paid officers.
In small startups, excluding senior management and mandating an 80
percent employee coverage test ensures that more employees and those
further down the chain of command will be offered to share in the
success of the company. It is a good policy and, as I said before, it
enjoys bipartisan support.
Because the bill is a tax expenditure, the Joint Committee on
Taxation states that it would cost the Treasury and the American
taxpayers $1 billion over 10 years.
Unfortunately, as I stated earlier, an effort that was led by my
colleague from California (Ms. Eshoo) and myself to ensure this good
policy was enacted without further adding to the debt and the deficit
and by adding debt to future generations, unfortunately, was rejected
by the majority. It is unfortunate.
While the Republicans in the Congress refuse to fund a billion
dollars to help pregnant women in Florida, as I said before, fight off
the Zika virus or provide clean drinking water to the people of Flint,
Michigan, they are continuing their dangerous path of passing tax cuts
that will explode the deficit.
Indeed, just in 2016, Ways and Means Committee Republicans have
passed almost $55 billion in tax cuts out of the committee, all of
which, if enacted, would blow up the deficit.
Let's be clear: Who will pay for this tab? Will it be us?
No. We will pass the tab on to our children, our grandchildren, and
our great-grandchildren to pay for our excesses. It all boils down to
values, my friends.
So while I oppose this legislation today--a bill that I am a
cosponsor of--I am heartened by the fact that the Senate Finance
Committee passed a companion bill to this bill just yesterday on a
bipartisan basis. I don't know how they did it, but somehow they found
an offset, Democrats and Republicans working together, which I
attempted to do with my colleagues on the Republican side. They found
an offset. It is remarkable the Republicans in the Senate thought it
was important enough to pay for this and not add further debt to our
future generations.
I look forward to supporting this bill when it comes back to the
House, fully paid for, when we take up the Senate bill. We know that is
what is going to happen. I look forward to working with the Senate to
enact this good policy into law, but without saddling our children, our
grandchildren, and our great-grandchildren with the cost of this
benefit.
Mr. Speaker, I reserve the balance of my time.
Mr. PAULSEN. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. McCarthy), the majority leader, who has moved forward
and focused attention on a number of different innovation initiatives.
These initiatives have come from listening to entrepreneurs.
Mr. McCARTHY. I thank the gentleman for yielding and, most
importantly, for his work. It is not just the work today, but it is the
work every day for almost all Americans.
When we talk about medical devices, they are so important to keep
people alive. Well, there is one person in this House who led the
charge to make sure that tax was repealed so that more medical devices
and more jobs could be created, and that is the author of this bill.
This bill is giving more Americans the opportunity for ownership. Isn't
that the American Dream?
It is interesting, Mr. Speaker. I hear a lot of words on this floor.
I heard just recently words about values. You know what is interesting?
The record doesn't lie. I hear on this floor about values and I hear on
this floor about Zika.
Do you know what?
That is one of the greatest threats to the citizens of America. That
is why this House did not delay in acting. We passed not once, but
twice, funding for $1.7 billion. But, Mr. Speaker, the sad part was
that one side of the aisle got into another fight and tried to punish
Americans, so they all voted ``no.'' And then it goes back, but it
passes--thank God--because the majority took it up and sent it to the
Senate.
Do you know what happened over in the Senate?
The minority party has voted not once, not twice, but three times,
not against the bill, but even allowing the bill to be brought up.
While those Americans sit back and are very fearful about Zika, it
was one party denying the bill to even come up in the Senate to get to
the President.
So, yes, Mr. Speaker, when we talk about values, values matter. That
is what we are talking about today. The House is considering two
important pieces of innovation initiatives. The values. The values of
creating jobs. The first is by Representative Will Hurd to improve
government IT systems. The second is by Representative Erik Paulsen to
help startups attract and retain the best employees they can.
These bills go right to the heart of the innovation initiative's two
goals: to bring innovation into government and enable innovation in the
private sector.
Now, I am not breaking any news here, but too many of our technology
systems in government are increasingly outdated. So here are the facts.
Last year alone, the Federal Government spent 80 percent--get this
right--80 percent of the $80 billion directed to IT just maintaining
old legacy systems. That is 80 percent of $80 billion.
Representative Will Hurd's bipartisan legislation will help bring
government technology systems into the modern age, allowing the
government to do its job more effectively, save taxpayers money, and
keep public information secure. However, even as we use innovation to
improve the way government functions, we can't ignore the importance of
innovation in the private sector. You see, an innovation economy is a
fundamental part of the American success story.
Today we have these businesses we call gazelles. Gazelles are small
startups that grow 20 percent every year or double every 2 years.
Gazelles make up 4 percent of all new startups. But do you know what?
They make up 70 percent of all new jobs.
We have not reached America's full potential. Not even close. We need
to update our laws to enable further innovation so that those with good
ideas can create even more opportunity for Americans.
The idea of innovation producing growth is why we are voting today on
Representative Erik Paulsen's Empowering Employees through Stock
Ownership Act. The truth is, when the startups are funded and founded,
they can't offer potential employees the same salaries and benefits of
those companies that have already become household names, but they can
offer partial ownership. That is the American Dream.
Offering stock options not only allows startups to attract the
workers they need, it also gives employees a greater stake in the
success of the company. But, unfortunately, the current Tax Code
punishes many employees who own stock, taxing them before they even
have the opportunity to sell the stock to pay the bill.
Representative Paulsen's bill allows workers to actually own a piece
of the company that they work for. It defers the tax they owe on the
stocks for a time so that they have the opportunity to work for a young
company that may not have the most resources, but does have a vision of
a future that they can believe in.
By giving companies the chance to hire and retain the best employees,
do you know what happens?
We will have more innovation, more growth, and more success for the
American people.
As you grow in America and get older and have children, you no longer
worry about what you will do. You worry about what opportunities your
children will have.
Don't you dream that one day maybe your children can even own a piece
of their company? But don't you hate to wake up and have the government
punish you so that you can't be that owner? Why wouldn't you want
government to work for you? Why wouldn't you want government to
enhance? Why wouldn't you want innovation?
[[Page 13367]]
You want a government that is more effective, more efficient, and
more accountable. You want a private sector that is able to spur growth
and create more jobs. And you want a country that can protect you from
the Zika virus.
Well, you know what? This Congress has acted on all of those and will
act on the rest of them today. I hope that it is a bipartisan vote to
represent all Americans.
Mr. CROWLEY. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from California (Ms. Eshoo), my good friend and colleague.
Ms. ESHOO. I thank the gentleman from New York, my good friend, for
yielding.
Mr. Speaker, I rise in reluctant opposition not to the legislation--
because I am a cosponsor of it and I think it is a very good bill and I
think it is an important bill--Empowering Employees through Stock
Ownership Act.
The underlying policy of this bill--it is bipartisan, as has been
stated--is to allow employees of privately owned companies to be able
to defer taxes owed on exercised stock options for up to 7 years.
I think that there is unanimity on this. I know something about stock
options. I have represented Silicon Valley for 24 years. I led the
House in a battle many, many years ago on stock options. And I won
that, by the way. So I know how stock options work, and I think that it
is very important for nonpublic entities--the startups, first of all--
to be able to attract people. When they attract these talented
employees, the option of stock options with a deferred tax status would
be very, very important. It is a magnet.
We always want new businesses to be born. We want them to grow. We
want them to go public. We want them to employ more people. That is the
way our economy works. I think that it is a very, very important policy
to support. But I also think that--as we recognize the responsibility
to take a step to help to expand our economy, I also think it is
responsible to think about how we conduct our finances. I wish I had a
dime or a nickel for every time someone has come to the floor,
especially from the other side, pounding their chest about the national
debt.
So here we have a combination of good policy and irresponsible fiscal
policy.
{time} 1345
Now, Mr. Crowley and I went to--I couldn't make it, but it was our
amendment at the Rules Committee to pay for this. The Joint Committee
on Taxation says it is going to cost over $1 billion over 10 years.
Now, when first responders who got sick after the dollars were
expended and we wanted them covered because they were, essentially,
dying, they were over at the Energy and Commerce Committee, the
majority said we are not doing this bill unless it is paid for. That
was a national emergency, but you couldn't find the time or the way to
take care of that.
When are we going to stop charging things to the national debt? Why
do you think it is all right to do it this way? I really wonder if you
want bipartisan support.
The American people want bipartisanship. They want it done
responsibly. But they also want us--don't your constituents ask you how
you are going to bring the debt down? Come on. This is like political
cross-dressing here.
Why wouldn't the Rules Committee say: You know what? These Members
are right, and they are offering a very sensible way to pay for this
bill.
We gave you the pathway for it. We give you the answer for it. We say
we will support the policy. We want it paid for. Why do you turn that
down?
So I think it is sad, I really do. And all of this happy talk that
comes to the floor about innovation, and we know and we are doing and
whatever, I have represented it for 24 years, and I think one of the
values of my constituents is fiscal responsibility as well as good
policy, and that is what we offered.
So I urge my colleagues to examine the two prongs, not just the one.
This could have been bipartisan and you could have passed it on a voice
vote, for heaven's sake, if you had it paid for. And that is why I am
on the floor to object to the way this is done, not to the policy, but
that it isn't paid for.
The SPEAKER pro tempore. Members are reminded to please address their
remarks to the Chair.
Mr. PAULSEN. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Rohrabacher), who has been a passionate advocate for
entrepreneurship.
Mr. ROHRABACHER. Mr. Speaker, entrepreneurship and employee ownership
as well.
I rise in support of H.R. 5719, the Empowering Employees through
Stock Ownership Act, a bill that will allow certain employee recipients
of employer stock to defer paying income tax on the stock until they
are able to liquidate a portion of the stock to pay those taxes or once
7 years have passed, whichever comes first.
This is a modest but meaningful step in the right direction. It is a
modest and meaningful step toward transforming our economy into an
ownership society where employees are empowered with a direct and
enduring stake in the well-being of their company.
I applaud Representative Paulsen for offering this legislation and
Chairman Brady for shepherding it through his committee and onto the
floor.
As you may know, Mr. Speaker, I have a bill that was crafted in the
same spirit as this bill that we are considering today. It is a bill
that, in my view, should be this body's next step, after this step
forward, toward creating an ownership society.
My bill, the Expanding Employee Ownership Act of 2016, which is H.R.
4577, would permanently exempt from income tax liability any stock that
was received by employees as part of a broad-based distribution to all
employees, so long as the employees held on to the stock for 5 years.
If the employee holds the stock for 10 years or more, after that, a
mechanism is triggered that allows the employees to sell their stock
free of capital gains tax. So by giving the employee a pass on income
tax for their stock or capital gains tax for their stock, we will
greatly expand the number of working people in our country who own part
of the company and maybe own a majority of the companies owned by
employees throughout this country.
As we know, employee ownership has many positive attributes, and this
bill takes us a step toward that. Studies show that employees who own a
share in their company are more productive and prudent. Studies further
show that employee-owned companies are generally more profitable and
have a lower turnout rate. You have a solidarity between management and
labor when the people working for a company own part of the company
that they work for. It is more of a partnership.
Free enterprise doesn't just mean profit motive for the capitalists.
It means profit motive--not only just profit motive, but it means
freedom for everyone to participate in a system where ownership is so
important to standard of living.
What has been really very disturbing in our society for these last
30, 40 years is we see the income disparity that exists in our society.
Much of it is because working class people have been kept out of
capital ownership, and that small, small number of Americans who own
the capital have now vast amounts of wealth.
Well, I am not against people being wealthy, but I think that we
should make sure our system is designed as our Founding Fathers meant
it to be, where you have a maximum amount of people enjoying the
freedom and liberty and rights of all the rest of the citizens.
This bill today and my proposal would just take us down a path in
which employees and ordinary working people would not only have a stake
in their own company, but probably would have a stake in owning
capital, which would bring down this disparity between working people
and people of wealth. So today I ask my colleagues to join me in
supporting this legislation.
Mr. CROWLEY. Mr. Speaker, I yield myself such time as I may consume.
[[Page 13368]]
Mr. Speaker, again I want to reiterate, I do appreciate working with
Mr. Paulsen on this issue, and there is really no opposition from me in
terms of the policy that we are attempting to put forward here on the
floor today. We all agree on the merits of the bill. It is a good bill.
I think you have heard that from the ranking member of the Committee on
Ways and Means, and you also heard it from the gentlewoman on the
Energy and Commerce Committee, Ms. Eshoo.
Obviously, Mr. Paulsen and I both agree that this bill has merit. It
is a good bill. But I don't believe this will become law today. This
bill, the one we are actually debating and we will have a vote on
today, in and of itself, will not be enacted in its form today.
We need to enact good policies but not punish our next generation
with new debt. That is something I have been reiterating over and over
again. So I will vote ``no'' today on this bill, even though I am the
cosponsor of the bill.
That is not the only reason why I will not support the underlying
bill today, not just because of placing the debt and the burden of that
debt on my children, our children, your grandchildren and great-
grandchildren, but because of the fact that there are a number of
crises going on in our country today that the Congress, the Republican
Congress, simply can't get their hands around, and some are questioning
whether they want to get their hands around them at all.
Here is a shocking statistic. Back in June of this year, it was
reported by the CDC that 234 women in the 48 States, the continental
United States, 234 women had contracted the Zika virus--pregnant women.
I am sorry, pregnant women, 234 pregnant women.
While we were here in Congress in the month of June and July and then
we broke for 7 weeks in August, and there was no work here done on the
floor to address the issue of the Zika virus, as of the middle of
September, of this month, in the U.S., 48 continental U.S. States, 749
pregnant women now have the Zika virus. That is three times as many
people in a 3-month period.
Now, I don't suggest that possibly it would be, in 3 months from now,
three times higher than it is today. In fact, I would argue it is
probably a lot higher if we continue down this road of not addressing
this issue at all.
But I would have to be one of the 515 women who contracted the Zika
virus at the end of June and--why were we here in Congress and did not
enact Zika legislation all through July, all through the month of
August into September? If I am one of those 515 women who is now
pregnant, I have got to wonder: What is my government doing? They may
have gotten it anyway, but at least the government may have been making
an attempt to prevent them from contracting the virus.
If I am one of those women, I am saying: The government didn't do
anything. The Republican Congress, who controls the House of
Representatives and controls the Senate, didn't do anything and,
instead, forced the President to move money around the NIH, taking from
cancer research, taking from the Ebola issue, taking those resources to
try to stop the water from coming out of the dam, putting a finger in
the hole. And that is a euphemism.
I mean, at the end of the day, if you are one of the 515 women, there
is no answer for it. There is no agreeable answer to them. They are
living a nightmare.
And let's think about the thousands and thousands and thousands and
thousands of children under the age of 9 in Flint, Michigan, who have
been exposed to horrific levels of lead poisoning in their drinking
water, unbeknownst to them and their families.
Imagine you are the mother of that child or the father of that child,
and you were giving them that drinking water, the guilt you must feel
because you didn't know that there was lead in that water. You didn't
know that your local government, your State government had let you
down, and now your Federal Government is letting you down because we
are not doing anything for them.
When the call is to do something and there are negotiations going on,
we are not going to have to pay for the tax cuts; but folks in Michigan
and Flint and folks in Florida--and now Texas has to be concerned, the
southern tier of the United States--we are going to have to find an
offset to address your emergent issues.
A tax cut for a bill that I think is worthy, we don't need a tax cut
for it. We don't need a pay-for for the tax cut. But for an emergent
crisis like Zika, like what happened in Flint, we have to find an
offset.
How would you feel? How would you feel, America, if that happened to
you? How would you feel about the Republican leadership of the House of
Representatives and the Senate if that happened to you?
I know how I would feel. I know how I feel. I feel disappointed. I
feel let down. I feel like the Republican leadership and caucus in the
House and the Senate doesn't have your back, doesn't have my back. That
is how I feel about it. That is how Americans feel.
Mr. Speaker, I yield back the balance of my time.
Mr. PAULSEN. Mr. Speaker, I yield myself such time as I may consume.
As we close, let me just start by thanking my colleagues on both
sides of the aisle that have spoken in favor of the merits of the bill
and in support for the bill. We all know that startups fuel innovation.
{time} 1400
It is the entrepreneurial spirit and American ingenuity and know-how
that has produced new technologies and has produced new breakthroughs
and new inventions to improve health care, to improve society, and to
create more jobs and economic growth. It is part of our DNA.
Startups don't have the ability to offer potential employees and new
talent the same benefits or same salaries that can be more valuable in
the long run than larger institutions can offer to certain employees.
So, instead, these startups have to go forward and offer their
employees something that could be more valuable--a chance to be a part
of the company, a chance to own a piece of the rock.
A lot of startups offer stock options to recruit top talent. It is an
incentive for an employee to work hard for the company they believe in
or in the idea that they believe in. But more and more often, employees
at these startups are missing out. They are missing out on the
opportunity because they are not exercising their stock options to have
the equity in the company that they believe in. They are not exercising
them because if they do, they have to immediately pay the taxes on the
income associated with the stock even though they may not be able to
afford the cash payment to do so.
A big number of these startups, Mr. Speaker, are privately held with
no market for the employees to sell a portion of their stock to pay
their taxes. The IRS demands the tax payment immediately, and so those
employees let their options expire. They never have the chance to get
the investment at a job they believe in and a job they enjoy.
But, today, Mr. Speaker, we are fixing that. We have a solution. We
are giving these startup employees a reasonable time period to pay the
tax, allowing them to wait until their stock becomes tradeable on a
public market so they can sell it to pay the bill.
Helping the innovation economy is a key and important way to promote
new products, to promote new services, and to promote new ideas from
the dreamers, the inventors, and entrepreneurs we have in America.
Letting those innovators attract the brightest and best talent is going
to keep America out front, always innovating, always creating, and
always inspiring American leadership.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Graves of Louisiana). All time for
debate has expired.
Mr. POLIS. Mr. Speaker, I want to thank Rep. Paulsen and Rep. Crowley
for bringing H.R. 5719, the Empowering Employees through Stock
Ownership Act, to the floor. This is important legislation that will
help start-
[[Page 13369]]
ups attract and retain employees by allowing employees to obtain an
ownership stake in those companies without facing cost-prohibitive tax
bills.
Often, privately held start-ups provide employees stock ownership
options as part of their compensation package. Under current law,
employees that receive company shares as part of their compensation
package must pay the taxes on the value of those shares taxes
immediately, long before the employees realize the economic benefit of
those shares.
This bill would allow employees to defer the tax on stock shares that
companies provide employees as part of their compensation package for
seven years or until the company can sell their stock on publically
traded exchanges. Additionally, it would increase access to company
equity for lower-wage earners.
Studies have shown that closely held companies that combine employee
ownership with employee workplace participation programs have a
positive impact on employee productivity and improve overall company
performance.
Employees working for businesses in my district such as Neighborland
and hobbyDB--both located in Boulder--have expressed their support for
this bill and will be able to take advantage of its tax benefits.
Other types of employee-ownership models have helped businesses have
a higher growth rate and stay in business. Employee-ownership models
are good for the company, the employees, and the community.
In Colorado, there are approximately 118 businesses that use
employee-owned businesses that promote employee ownership through stock
option plans or ESOPs.
A good example of a successful ESOP is Fire Safety Services. The
owner, Jeff wanted to be able to offer his employees a stake in the
business and converted his business to an ESOP. This allowed him to
create a succession plan so the business can remain locally owned. Jeff
noted that after the conversion, employee morale was up and sales were
up.
The New Belgium Brewery, located in Ft. Collins is also an ESOP. From
the perspective of the employees, New Belgium has a culture of personal
and collective growth--the employees are concerned about the
professional growth of their colleagues and also have a vested stake in
the management and economic health of the company.
The bill before us will make it easier for employees in other
privately-held companies to participate in the growth of their company.
Pursuant to House Resolution 875, 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. CROWLEY. 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.
____________________
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.
____________________
MODERNIZING GOVERNMENT TECHNOLOGY ACT OF 2016
Mr. HURD of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 6004) to modernize Government information technology,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6004
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 ``Modernizing Government
Technology Act of 2016'' or the ``MGT Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The Federal Government spends nearly 75 percent of its
annual information technology funding on operating and
maintaining existing, legacy information technology systems.
These systems can pose operational risks, including rising
costs and inability to meet mission requirements. These
systems also pose security risks, including the inability to
use current security best practices, such as data encryption
and multi-factor authentication, making these systems
particularly vulnerable to malicious cyber activity.
(2) In 2015, the Government Accountability Office (GAO)
designated Improving the Management of IT Acquisitions and
Operations to its biannual High Risk List and identified as a
particular concern the increasing level of information
technology spending on Operations and Maintenance making less
funding available for development or modernization. The GAO
also found the Government has spent billions on failed and
poorly performing IT investments due to a lack of effective
oversight.
(3) The Federal Government must modernize Federal IT
systems to mitigate existing operational and security risks.
(4) The efficiencies, cost savings, and greater computing
power, offered by modernized solutions, such as cloud
computing, have the potential to--
(A) eliminate inappropriate duplication and reduce costs;
(B) address the critical need for cyber security by design;
and
(C) move the Federal Government into a broad, digital-
services delivery model that will transform the Federal
Government's ability to meet mission requirements and deliver
services to the American people.
(b) Purposes.--The purposes of this Act are the following:
(1) Assist the Federal Government in modernized Federal
information technology to mitigate current operational and
security risks.
(2) Incentivize cost savings in Federal information
technology through modernization.
(3) Accelerate the acquisition and deployment of modernized
information technology solutions, such as cloud computing, by
addressing impediments in the areas of funding, development,
and acquisition practices.
SEC. 3. ESTABLISHMENT OF AGENCY INFORMATION TECHNOLOGY
SYSTEMS MODERNIZATION AND WORKING CAPITAL
FUNDS.
(a) Information Technology System Modernization and Working
Capital Funds.--
(1) Establishment.--There is established in each covered
agency an information technology system modernization and
working capital fund (in this section referred to as the ``IT
working capital fund'') for necessary expenses for the agency
described in paragraph (3).
(2) Source of funds.--Amounts may be deposited into an IT
working capital fund as follows:
(A) Reprogramming of funds, including reprogramming of any
funds available on the date of the enactment of this Act for
the operation and maintenance of legacy information
technology systems, in compliance with any applicable
reprogramming law or guidelines of the Committees on
Appropriations of the House of Representatives and the
Senate.
(B) Transfer of funds, including transfer of any funds
available on the date of the enactment of this Act for the
operation and maintenance of legacy information technology
systems, but only if transfer authority is specifically
provided for by law.
(C) Amounts made available through discretionary
appropriations.
(3) Use of funds.--An IT working capital fund established
under paragraph (1) may be used, subject to the availability
of appropriations, only for the following:
(A) To improve, retire, or replace existing information
technology systems to improve efficiency and effectiveness.
(B) To transition to cloud computing and innovative
platforms and technologies.
(C) To assist and support covered agency efforts to provide
adequate, risk-based, and cost-effective information
technology capabilities that address evolving threats to
information security.
(D) Reimbursement of funds transferred from the Information
Technology Modernization Fund established under section 4,
with the approval of the agency Chief Information Officer.
(4) Existing funds.--An IT working capital fund may not be
used to supplant funds provided for the operation and
maintenance of any system already within an appropriation for
the covered agency at the time of establishment of the IT
working capital fund.
(5) Reprogramming and transfer of funds.--The head of each
covered agency shall prioritize funds within the IT working
capital fund to be used initially for cost savings activities
approved by the covered agency Chief Information Officer, in
consultation with the Administrator of the Office of
Electronic Government. The head of each covered agency may--
(A) reprogram any amounts saved as a direct result of such
activities for deposit into the applicable IT working capital
fund, consistent with paragraph (2)(A); and
[[Page 13370]]
(B) transfer any amounts saved as a direct result of such
activities for deposit into the applicable IT working capital
fund, consistent with paragraph (2)(B).
(6) Return of funds.--Any funds deposited into an IT
working capital fund shall be available for obligation for 3
years after the date of such deposit.
(7) Agency cio responsibilities.--In evaluating projects to
be funded from the IT working capital fund, the covered
agency Chief Information Officer shall consider, to the
extent applicable, guidance established pursuant to section
4(a)(1) to evaluate applications for funding from the
Information Technology Modernization Fund that include
factors such as a strong business case, technical design,
procurement strategy (including adequate use of incremental
software development practices), and program management.
(b) Reporting Requirement.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and every 6 months thereafter, the
head of each covered agency shall submit to the Director the
following, with respect to the IT working capital fund for
that covered agency:
(A) A list of each information technology investment funded
with estimated cost and completion date for each such
investment.
(B) A summary by fiscal year of the obligations,
expenditures, and unused balances.
(2) Public availability.--The Director shall make the
information required pursuant to paragraph (1) publicly
available on a website.
(c) Covered Agency Defined.--In this section, the term
``covered agency'' means each agency listed in section 901(b)
of title 31, United States Code.
SEC. 4. ESTABLISHMENT OF INFORMATION TECHNOLOGY MODERNIZATION
FUND AND BOARD.
(a) Information Technology Modernization Fund.--
(1) Establishment.--There is established in the Treasury an
Information Technology Modernization Fund (in this section
referred to as the ``Fund'') for technology related
activities, to improve information technology, to enhance
cybersecurity across the Federal Government, and to be
administered in accordance with guidance established by the
Director of the Office of Management of Budget.
(2) Administration of fund.--The Administrator of General
Services, in consultation with the Chief Information Officers
Council and with the concurrence of the Director, shall
administer the Fund in accordance with this subsection.
(3) Use of funds.--The Administrator of General Services
shall, in accordance with the recommendations of the
Information Technology Modernization Board established under
subsection (b), use amounts in the Fund for the following
purposes:
(A) To transfer such amounts, to remain available until
expended, to the head of an agency to improve, retire, or
replace existing information technology systems to enhance
cybersecurity and improve efficiency and effectiveness.
(B) For the development, operation, and procurement of
information technology products, services, and acquisition
vehicles for use by agencies to improve Governmentwide
efficiency and cybersecurity in accordance with the
requirements of the agencies.
(C) To provide services or work performed in support of the
activities described under subparagraph (A) or (B).
(4) Credits; availability of funds.--
(A) Credits.--In addition to any funds otherwise
appropriated, the Fund shall be credited with all
reimbursements, advances, or refunds or recoveries relating
to information technology or services provided through the
Fund.
(B) Availability of funds.--Amounts deposited, credited, or
otherwise made available to the Fund shall be available, as
provided in appropriations Acts, until expended for the
purposes described in paragraph (3).
(5) Reimbursement.--
(A) Payment by agency.--For a product or service developed
under paragraph (3), the head of an agency that uses such
product or service shall pay an amount fixed by the
Administrator of General Services in accordance with this
subsection.
(B) Reimbursement by agency.--The head of an agency shall
reimburse the Fund for any transfer made under paragraph
(3)(A) in accordance with the terms established in the
written agreement described in paragraph (6). Notwithstanding
any other provision of law, an agency may make a
reimbursement required by this subparagraph from any
appropriation available for information technology
activities. An obligation to make a payment under an
agreement described in paragraph (6) in a future fiscal year
shall be recorded pursuant to section 1501 of title 31,
United States Code, in the fiscal year in which the payment
is due.
(C) Prices fixed by administrator of general services.--The
Administrator of General Services, in consultation with the
Director, shall establish amounts to be paid by an agency and
terms of repayment for use of a product or service developed
under paragraph (3) at levels sufficient to ensure the
solvency of the Fund, including operating expenses. Before
making any changes to the established amounts and terms of
repayment, the Administrator of General Services shall
conduct a review and obtain approval from the Director.
(D) Failure to make timely reimbursement.--The
Administrator of General Services may obtain reimbursement by
the issuance of transfer and counterwarrants, or other lawful
transfer documents, supported by itemized bills, if payment
is not made by an agency--
(i) within 90 days after the expiration of a repayment
period described in the written agreement described in
paragraph (6)(A); or
(ii) within 45 days after the expiration of the time period
to make a payment under a payment schedule for a product or
service developed under paragraph (3).
(6) Written agreement.--
(A) In general.--Before the transfer of funds to an agency
under paragraph (3)(A), the Administrator of General Services
(in consultation with the Director) and the head of the
requisitioning agency shall enter into a written agreement
documenting the purpose for which the funds will be used and
the terms of repayment. An agreement made pursuant to this
subparagraph shall be recorded as an obligation as provided
in paragraph (5)(B).
(B) Requirement for use of incremental development
practices.--For any funds transferred to an agency under
paragraph (3)(A), in the absence of compelling circumstances
documented by the Administrator of General Services at the
time of transfer, such funds shall be transferred only on an
incremental basis, tied to metric-based development
milestones achieved by the agency, to be described in the
written agreement required pursuant to subparagraph (A).
(7) Reporting requirement.--Not later than 6 months after
the date of the enactment of this Act, the Director shall
publish and maintain a list of each project funded by the
Fund on a public website to be updated not less than
quarterly, that includes a description of the project,
project status (including any schedule delay and cost
overruns), and financial expenditure data related to the
project.
(b) Information Technology Modernization Board.--
(1) Establishment.--There is established an Information
Technology Modernization Board (in this section referred to
as the ``Board'') which shall evaluate proposals submitted by
agencies for funding authorized under the Fund.
(2) Responsibilities.--The responsibilities of the Board
are the following:
(A) Provide input to the Director for the development of
processes for agencies to submit modernization proposals to
the Board and to establish the criteria by which such
proposals are evaluated, which shall include addressing the
greatest security and operational risks, having the greatest
Governmentwide impact, and having a high probability of
success based on factors such as a strong business case,
technical design, procurement strategy (including adequate
use of incremental software development practices), and
program management.
(B) Make recommendations to the Administrator of General
Services to assist agencies in the further development and
refinement of select submitted modernization proposals, based
on an initial evaluation performed with the assistance of the
Administrator of General Services.
(C) review and prioritize, with the assistance of the
Administrator of General Services and the Director,
modernization proposals based on criteria established
pursuant to subparagraph (A).
(D) Identify, with the assistance of the Administrator of
General Services, opportunities to improve or replace
multiple information technology systems with a smaller number
of information technology systems common to multiple
agencies.
(E) Recommend the funding of modernization projects, in
accordance with the uses described in subsection (a)(3), to
the Administrator of General Services.
(F) Monitor, in consultation with the Administrator of
General Services, progress and performance in executing
approved projects and, if necessary, recommend the suspension
or termination of funding for projects based on factors such
as failure to meet the terms of the written agreement
described in subsection (a)(6).
(G) Monitor operating costs of the Fund.
(3) Membership.--The Board shall consist of 8 voting
members.
(4) Chair.--The Chair of the Board shall be the
Administrator of the Office of Electronic Government.
(5) Permanent members.--The permanent members of the Board
shall be the following:
(A) The Administrator of the Office of Electronic
Government.
(B) A senior official from the General Services
Administration, who shall be appointed by the Administrator
of General Services.
(6) Additional members of the board.--
(A) Appointment.--The other members of the Board shall be
appointed as follows:
(i) One employee of the National Institute of Standards and
Technology of the Department of Commerce, appointed by the
Secretary of Commerce.
[[Page 13371]]
(ii) One employee of the National Protection and Programs
Directorate of the Department of Homeland Security, appointed
by the Secretary of Homeland Security.
(iii) One employee of the Department of Defense, appointed
by the Secretary of Defense.
(iv) Three Federal employees primarily having technical
expertise in information technology development, financial
management, cybersecurity and privacy, and acquisition,
appointed by the Director.
(B) Term.--Each member of the Board described in paragraph
(A) shall serve a term of one year, which shall be renewable
up to three times, at the discretion of the appointing
Secretary or Director, as applicable.
(7) Prohibition on compensation.--Members of the Board may
not receive additional pay, allowances, or benefits by reason
of their service on the Board.
(8) Staff.--Upon request of the Chair of the Board, the
Director and the Administrator of General Services may
detail, on a nonreimbursable basis, any of the personnel of
the Office of Management and Budget or the General Services
Administration (as the case may be) to the Board to assist it
in carrying out its functions under this Act.
(c) Responsibilities of the Administrator of General
Services.--
(1) In general.--In addition to the responsibilities
described in subsection (a), the Administrator of General
Services shall support the activities of the Board and
provide technical support to, and, with the concurrence of
the Director, oversight of, agencies that receive transfers
from the Fund.
(2) Responsibilities.--The responsibilities of the
Administrator of General Services are to--
(A) provide direct technical support in the form of
personnel services or otherwise to agencies transferred
amounts under subsection (a)(3)(A) and for products,
services, and acquisition vehicles funded under subsection
(a)(3)(B);
(B) assist the Board with the evaluation, prioritization,
and development of agency modernization proposals;
(C) perform regular project oversight and monitoring of
approved agency modernization projects, in consultation with
the Board and the Director, to increase the likelihood of
successful implementation and reduce waste; and
(D) provide the Director with information necessary to meet
the requirements of subsection (a)(7).
(d) Agency Defined.--In this section, the term ``agency''
has the meaning given that term in section 551 of title 5,
United States Code.
SEC. 5. DEFINITIONS.
In this Act:
(1) Cloud computing.--The term ``cloud computing'' has the
meaning given that term by the National Institute of
Standards and Technology in NIST Special Publication 800-145
and any amendatory or superseding document thereto.
(2) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(3) Information technology.--The term ``information
technology'' has the meaning given that term in section 3502
of title 44, United States Code.
(4) Legacy information technology system.--The term
``legacy information technology system'' means an outdated or
obsolete system of information technology.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Hurd) and the gentleman from Virginia (Mr. Connolly) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. HURD of Texas. 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 the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. HURD of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of my bill, H.R. 6004, the
Modernizing Government Technology Act of 2016. At the beginning of this
month, we released an extensive report detailing how the Office of
Personnel Management allowed the sensitive and personal information of
over 22 million Americans to be stolen, thereby jeopardizing our
national security for more than a generation of people.
The yearlong investigation produced many findings, including the
identification of a pressing need for Federal agencies to modernize
legacy IT in order to mitigate the cybersecurity threat inherent in
unsupported end-of-life IT systems and application. We had too many old
things on our network. In other words, a reliance on legacy IT can
result in security vulnerabilities where old software or operating
systems are no longer supported by vendors, and aging IT infrastructure
becomes difficult and expensive to secure.
We saw this firsthand with the OPM data breach where sensitive
information was stored on technology so old it was difficult, and in
some cases impossible, to implement security best practices like data
encryption.
OPM is not alone. It is common throughout the Federal Government for
agencies to struggle with legacy IT. For example, the Department of
Labor had to buy spare parts on eBay because they were no longer
available from the original vendor. Consider another example that our
committee learned about during a hearing that highlighted a GAO report
on legacy IT.
We learned DOD's Strategic Automated Command and Control System is 50
years ago old and runs on a 1970s IBM Series One computer that uses an
8-inch floppy disk. By comparison, it would take 3.2 million floppy
disks to equal the memory of one flash drive.
Numerous other agencies still use Windows 3.0, which was last
supported by the vendor in 2001; Windows NT, which last supported in
2004; and Windows 95, which was last supported by the vendor in 2001.
The recently issued OPM report demonstrates the security risk of such
legacy IT and recommends Congress consider new tools to incentivize the
transition from legacy to modernized IT solutions across the Federal
Government.
I am happy to say this bipartisan bill follows up on that
recommendation. The MGT Act builds on bills introduced by myself and
Minority Whip Steny Hoyer and ideas from Federal CIO Tony Scott based
on his experience in the private sector.
Mr. Speaker, the MGT Act is a key first step in beginning to
modernize the Federal Government's outdated and insecure IT
infrastructure. I urge my colleagues to support H.R. 6004.
I would like to thank a number of folks that worked hard for the past
few months to bring the best ideas forward in this one bill. I want to
thank Chairman Chaffetz and Ranking Member Cummings for their
leadership on this issue. I want to thank my colleague, Mr. Connolly,
who was the lead Democratic cosponsor.
As I said before, key portions of Mr. Hoyer's bill on the ITMF
legislation were included into the MGT Act. Of course, I would like to
thank my dear friend and ranking member of my subcommittee, Ms. Robin
Kelly of Illinois, along with Mr. Ted Lieu of California, and
especially Majority Leader Kevin McCarthy. His Innovation Initiative is
a key reason that we are able to talk about this significant piece of
legislation today.
Again, I would like to urge my colleagues to support H.R. 6004.
Mr. Speaker, I reserve the balance of my time.
Mr. CONNOLLY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 6004, the Modernizing
Government Technology Act of 2016.
Let me also thank my good friend and coauthor of this bill, Mr. Hurd
of Texas, for his leadership in shepherding this bill through our
committee and now on to the floor. Sometimes, deservedly, Congress gets
dinged on for not being able to get anything done. But the fact of the
matter is that, below the surface, lots of things can and do get done
with leadership, collaboration, and partnership. Mr. Hurd of Texas
epitomizes that, and my hat is off to him for his contribution on this
whole front of IT modernization and helping to bring the Federal
Government into the 21st century when it comes to the use of
technology.
Every day Federal agencies endure cyber attacks that have the
potential to cause incalculable damage to national security and the
privacy of all Americans. While the Federal Government does its best to
protect our critical computer networks, our efforts are often stymied
by the outdated legacy information technologies in Federal agencies.
Agencies spend nearly 75 percent of their IT budgets simply trying
[[Page 13372]]
to maintain these outdated systems. Let me repeat that: in an $82
billion program for IT acquisition procurement and management, 75
percent of that budget is not spent in updating the Federal Government
in cutting-edge technologies. It is spent maintaining what we have got,
and in some cases, those legacy systems go back 40 and 50 years.
I am proud to lead the Modernizing Government Technology Act of 2016
with Mr. Hurd of Texas to help our cyber defenders protect our most
important digital resources. When you are dealing with outmoded
technology, legacy systems oftentimes can't be protected. They can't be
encrypted, and that makes them terribly vulnerable--low hanging fruit
to those who would do harm to our country and would compromise the data
of millions of Americans.
This bill in front of us marries the IT Modernization Act and the
MOVE IT Act by establishing a clear role for both of these pieces of
legislation in this improvement process for Federal IT systems.
The MGT Act lays the foundation for the future of IT modernization
funding in the Federal Government. This bipartisan legislation will
provide a mechanism for agencies to get ahead of the curve and help
reduce the fiscal challenges facing every agency chief information
officer, or CIO. The MGT Act will authorize a significant upfront
investment to retire those vulnerable large-scale legacy systems
affecting multiple agencies.
Under the guidance of an Information Technology Modernization Board,
agencies will be able now to request funds to facilitate those
modernization efforts--something that would absolutely be the practice
in the private sector, as I know my friend, Mr. Hurd of Texas, knows.
If approved, those funds will be repaid through savings realized by the
implementation of the more modern IT systems. The bill places an
emphasis on following the practice of private industry and moving
toward cloud computing solutions.
The MGT Act will allow agencies to invest savings generated through
the Federal Information Technology Acquisition Reform Act, or FITARA
for short, and other reforms to make investments in cloud transition.
I was delighted to be a coauthor of the FITARA Act along with Darrell
Issa of California.
The MGT Act will establish working capital funds that will allow
those agencies to use savings from new, secure systems and to reinvest
in themselves, including in the movement toward the cloud. This creates
incentives for agencies to find those savings and reinvest internally
in themselves, creating a virtuous cycle.
The Modernizing Government Technology Act is supported by industry
experts and incorporates the same sort of mechanisms the private sector
often uses to secure its networks.
It is important for agencies to know that Congress not only expects
agencies to implement robust, modern cyber safeguards, but that it is
here to help them confront these challenges. This reform has the
potential to significantly speed up the Federal Government's move to
the 21st century technologies.
Mr. Speaker, I reserve the balance of my time.
Mr. HURD of Texas. Mr. Speaker, I yield myself such time as I may
consume.
As the distinguished gentleman from Virginia (Mr. Connolly), my
friend, pointed out, the GAO has identified that millions of taxpayer
dollars can be saved through consolidating data centers and modernizing
IT systems.
{time} 1415
To date, agencies have closed over 3,000 data centers out of over
10,000, resulting in a savings of $2.8 billion.
This bill authorizes agency-level working capital funds, as well as a
centralized IT modernization fund within Treasury and overseen by OMB.
These funds will accelerate our transition to modernize IT systems and
will save American taxpayers millions of dollars. In other words,
welcome to the 21st century, Federal Government. It is about time you
got here.
The Modernizing Government Technology Act does not appropriate any
new money, but, instead, builds on the successes of FITARA, which Mr.
Connolly was instrumental in making happen. It also invests savings in
retiring these data systems and accelerating our transition to the
cloud.
Folks recognize that sometimes up here in Washington, D.C., it can be
a circus, but there are times when folks working together can actually
solve major problems. This is one example of being in a partisan part
of our election cycle where people working together can solve a big
problem and do it to make sure that we are using American taxpayer
dollars wisely and eventually, hopefully, making sure they keep some of
that at home.
I reserve the balance of my time.
Mr. CONNOLLY. Mr. Speaker, I yield myself such time as I may consume.
I thank my good friend from Texas. He is always gracious and has
always been a wonderful partner in this enterprise.
In closing, the United States Government must come into the 21st
century. We owe it to the people we serve to protect the systems that
operate within the 24 Federal agencies we are particularly concerned
about.
We need to streamline management of IT assets; we need to make
strategic and wise investments; we need to have a schedule of
replacement for most of those legacy systems; and we need to encrypt
and protect against cyber attacks for the sake of the American people.
I think Mr. Hurd and I share that as a critical mission not only for
this Congress, but for the United States Government as a whole.
I am proud, again, to be an original coauthor and cosponsor of this
legislation, working with Mr. Hurd. I know we have other initiatives we
are going to be working on as well.
Mr. Speaker, I yield back the balance of my time.
Mr. HURD of Texas. Mr. Speaker, I urge adoption of this bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Hurd) that the House suspend the rules and
pass the bill, H.R. 6004, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
PERMISSION TO POSTPONE FURTHER CONSIDERATION OF VETO MESSAGE ON H.R.
1777, PRESIDENTIAL ALLOWANCE MODERNIZATION ACT OF 2016
Mr. HURD of Texas. Mr. Speaker, notwithstanding the order of the
House of July 25, 2016, I ask unanimous consent that further
consideration of the veto message and the bill, H.R. 1777, be postponed
until the legislative day of December 9, 2016.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
____________________
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 2 o'clock and 19 minutes p.m.), the House stood in
recess.
____________________
{time} 1625
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Jenkins of West Virginia) at 4 o'clock and 25
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:
Ordering the previous question on House Resolution 879, by the yeas
and nays;
[[Page 13373]]
Adoption of House Resolution 879, if ordered;
Passage of H.R. 5719, by the yeas and nays; and
Motions to suspend the rules on: H.R. 5320, H.R. 5946, H.R. 2285,
H.R. 5523, H.R. 5625, S. 1550, H.R. 4419, and H.R. 5963, each 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. 5931, PROHIBITING FUTURE RANSOM
PAYMENTS TO IRAN ACT
The SPEAKER pro tempore. The unfinished business is the vote on
ordering the previous question on the resolution (H. Res. 879)
providing for consideration of the bill (H.R. 5931) to provide for the
prohibition on cash payments to the Government of Iran, 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 ordering the previous
question.
The vote was taken by electronic device, and there were--yeas 236,
nays 175, not voting 20, as follows:
[Roll No. 542]
YEAS--236
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davidson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--175
Adams
Aguilar
Ashford
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Boyle, Brendan F.
Brady (PA)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--20
Bass
Bonamici
Brown (FL)
Carter (GA)
Fincher
Gutierrez
Lieu, Ted
Lujan, Ben Ray (NM)
Moore
Mulvaney
Pelosi
Poe (TX)
Rooney (FL)
Rush
Salmon
Sanchez, Loretta
Sherman
Tiberi
Tipton
Walters, Mimi
{time} 1648
Mr. WALZ, Mrs. DINGELL, and Mr. RICHMOND changed their vote from
``yea'' to ``nay.''
Mr. BENISHEK changed his vote from ``nay'' to ``yea.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. HASTINGS. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 236,
noes 178, not voting 17, as follows:
[Roll No. 543]
AYES--236
Abraham
Aderholt
Allen
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davidson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
[[Page 13374]]
Palmer
Paulsen
Pearce
Perry
Peterson
Pittenger
Pitts
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--178
Adams
Aguilar
Amash
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Boyle, Brendan F.
Brady (PA)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Massie
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Perlmutter
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--17
Bonamici
Brown (FL)
Carter (GA)
Dingell
Fincher
Gutierrez
Lieu, Ted
Loudermilk
Moore
Mulvaney
Pelosi
Poe (TX)
Rooney (FL)
Rush
Sanchez, Loretta
Tiberi
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1656
Mr. CARSON of Indiana changed his vote from ``aye'' to ``no.''
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.
Stated against:
Mrs. DINGELL. Mr. Speaker, I was unavoidably detained. Had I been
present, I would have voted ``nay'' on rollcall No. 543.
____________________
EMPOWERING EMPLOYEES THROUGH STOCK OWNERSHIP ACT
The SPEAKER pro tempore. The unfinished business is the vote on
passage of the bill (H.R. 5719) to amend the Internal Revenue Code of
1986 to modify the tax treatment of certain equity grants, 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 will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 287,
nays 124, not voting 20, as follows:
[Roll No. 544]
YEAS--287
Abraham
Aderholt
Aguilar
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Byrne
Calvert
Capps
Carney
Carter (TX)
Chabot
Chaffetz
Cicilline
Clawson (FL)
Cleaver
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Cook
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Curbelo (FL)
Davidson
Davis, Rodney
Delaney
DelBene
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Esty
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Joyce
Katko
Keating
Kelly (MS)
Kelly (PA)
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Kuster
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
Lynch
MacArthur
Maloney, Sean
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meehan
Meeks
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perlmutter
Perry
Peters
Peterson
Pittenger
Pitts
Poliquin
Polis
Pompeo
Posey
Price, Tom
Quigley
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Salmon
Sanford
Scalise
Schrader
Schweikert
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Sewell (AL)
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (TX)
Stefanik
Stewart
Stivers
Thompson (PA)
Thornberry
Tipton
Titus
Torres
Trott
Turner
Upton
Valadao
Vargas
Wagner
Walberg
Walden
Walorski
Walz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--124
Adams
Bass
Beatty
Becerra
Blumenauer
Boyle, Brendan F.
Brady (PA)
Butterfield
Capuano
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Conyers
Cooper
Costa
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
DeLauro
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Edwards
Ellison
Engel
Eshoo
Farr
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Grayson
Green, Al
Green, Gene
Grijalva
Hahn
Hastings
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Kelly (IL)
Kennedy
Kildee
Kirkpatrick
Lawrence
Lee
Levin
Lewis
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Maloney, Carolyn
Matsui
McCollum
McDermott
McGovern
McNerney
Meng
Nadler
Napolitano
O'Rourke
Pallone
Pascrell
Payne
Pingree
Pocan
Price (NC)
Rangel
Richmond
Roybal-Allard
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Scott (VA)
Serrano
Sherman
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tonko
Tsongas
Van Hollen
Veasey
Vela
[[Page 13375]]
Velazquez
Visclosky
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--20
Bonamici
Brown (FL)
Carter (GA)
Fincher
Graves (LA)
Gutierrez
Lieu, Ted
Meadows
Moore
Mulvaney
Pelosi
Poe (TX)
Rooney (FL)
Rush
Sanchez, Loretta
Smith (NJ)
Stutzman
Tiberi
Walker
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1702
Mr. CICILLINE changed his vote from ``nay'' to ``yea.''
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. GRAVES of Louisiana. Mr. Speaker, on rollcall No. 544, I was in
discussions on Louisiana flood relief funding. Had I been present, I
would have voted ``yes.''
Mr. STUTZMAN. Mr. Speaker, on rollcall No. 544, H.R. 5719, Empowering
Employees through Stock Ownership Act, had I been present, I would have
voted ``yea.''
____________________
SOCIAL SECURITY MUST AVERT IDENTITY LOSS (MAIL) ACT OF 2016
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 5320) to restrict
the inclusion of social security account numbers on documents sent by
mail by the Social Security Administration, and for other purposes, as
amended, 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 Texas (Mr. Sam Johnson) that the House suspend the rules
and pass the bill, as amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 414,
nays 0, not voting 17, as follows:
[Roll No. 545]
YEAS--414
Abraham
Adams
Aderholt
Aguilar
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Bass
Beatty
Becerra
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farenthold
Farr
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guinta
Guthrie
Hahn
Hanna
Hardy
Harper
Harris
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
Hinojosa
Holding
Honda
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Latta
Lawrence
Lee
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matsui
McCarthy
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pallone
Palmer
Pascrell
Paulsen
Payne
Pearce
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Pompeo
Posey
Price (NC)
Price, Tom
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Westmoreland
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOT VOTING--17
Bonamici
Brown (FL)
Carter (GA)
Fincher
Gutierrez
Larson (CT)
Lieu, Ted
Moore
Mulvaney
Pelosi
Poe (TX)
Rokita
Rooney (FL)
Rush
Sanchez, Loretta
Tiberi
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1710
Mr. CONNOLLY changed his vote from ``nay'' to ``yea.''
Mr. CARSON of Indiana changed his vote from ``present'' to ``yea.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
UNITED STATES APPRECIATION FOR OLYMPIANS AND PARALYMPIANS ACT OF 2016
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 5946) to amend the
Internal Revenue Code of 1986 to exclude from gross income any prizes
or awards won in competition in the Olympic Games or the Paralympic
Games, as amended, 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 Illinois (Mr. Dold) that the House suspend the rules and
pass the bill, as amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 415,
nays 1, not voting 15, as follows:
[Roll No. 546]
YEAS--415
Abraham
Adams
Aderholt
Aguilar
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Bass
Beatty
Becerra
[[Page 13376]]
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farenthold
Farr
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guinta
Guthrie
Hahn
Hanna
Hardy
Harper
Harris
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Hinojosa
Holding
Honda
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lee
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matsui
McCarthy
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pallone
Palmer
Pascrell
Paulsen
Payne
Pearce
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Pompeo
Posey
Price (NC)
Price, Tom
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Westmoreland
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--1
Himes
NOT VOTING--15
Bonamici
Brown (FL)
Carter (GA)
Fincher
Gutierrez
Lieu, Ted
Moore
Mulvaney
Pelosi
Poe (TX)
Rooney (FL)
Rush
Sanchez, Loretta
Tiberi
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1717
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
PREVENT TRAFFICKING IN CULTURAL PROPERTY ACT
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 2285) to improve
enforcement against trafficking in cultural property and prevent stolen
or illicit cultural property from financing terrorist and criminal
networks, and for other purposes, as amended, 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 Illinois (Mr. Roskam) that the House suspend the rules
and pass the bill, as amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 415,
nays 0, not voting 16, as follows:
[Roll No. 547]
YEAS--415
Abraham
Adams
Aderholt
Aguilar
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Bass
Beatty
Becerra
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farenthold
Farr
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guinta
Guthrie
Hahn
Hanna
Hardy
Harper
Harris
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
Hinojosa
Holding
Honda
Hoyer
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lee
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matsui
McCarthy
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
[[Page 13377]]
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pallone
Palmer
Pascrell
Paulsen
Payne
Pearce
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Pompeo
Posey
Price (NC)
Price, Tom
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Westmoreland
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOT VOTING--16
Bonamici
Brown (FL)
Carter (GA)
Fincher
Gutierrez
Hudson
Lieu, Ted
Moore
Mulvaney
Pelosi
Poe (TX)
Rooney (FL)
Rush
Sanchez, Loretta
Tiberi
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1723
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
RESTRAINING EXCESSIVE SEIZURE OF PROPERTY THROUGH THE EXPLOITATION OF
CIVIL ASSET FORFEITURE TOOLS ACT
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 5523) to amend
title 31, United States Code, to prohibit the Internal Revenue Service
from carrying out seizures relating to a structuring transaction unless
the property to be seized derived from an illegal source or the funds
were structured for the purpose of concealing the violation of another
criminal law or regulation, to require notice and a post-seizure
hearing for such seizures, and for other purposes, as amended, 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 Illinois (Mr. Roskam) that the House suspend the rules
and pass the bill, as amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 415,
nays 0, not voting 16, as follows:
[Roll No. 548]
YEAS--415
Abraham
Adams
Aderholt
Aguilar
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Bass
Beatty
Becerra
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farenthold
Farr
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guinta
Guthrie
Hahn
Hanna
Hardy
Harper
Harris
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
Hinojosa
Holding
Honda
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lee
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matsui
McCarthy
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pallone
Palmer
Pascrell
Paulsen
Payne
Pearce
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Pompeo
Posey
Price, Tom
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Westmoreland
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOT VOTING--16
Bonamici
Brown (FL)
Carter (GA)
Fincher
Gutierrez
Lieu, Ted
Moore
Mulvaney
Pelosi
Poe (TX)
Price (NC)
Rooney (FL)
Rush
Sanchez, Loretta
Tiberi
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1730
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
[[Page 13378]]
____________________
MODERNIZING GOVERNMENT TRAVEL ACT
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 5625) to provide
for reimbursement for the use of modern travel services by Federal
employees traveling on official Government business, and for other
purposes, as amended, 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 Georgia (Mr. Carter) that the House suspend the rules
and pass the bill, as amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 415,
nays 0, not voting 16, as follows:
[Roll No. 549]
YEAS--415
Abraham
Adams
Aderholt
Aguilar
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Bass
Beatty
Becerra
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bonamici
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farenthold
Farr
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guinta
Guthrie
Hahn
Hanna
Hardy
Harper
Harris
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
Hinojosa
Holding
Honda
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lee
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matsui
McCarthy
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pallone
Palmer
Pascrell
Paulsen
Payne
Pearce
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Pompeo
Posey
Price, Tom
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Westmoreland
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOT VOTING--16
Brown (FL)
Carter (GA)
Fincher
Frankel (FL)
Gutierrez
Lieu, Ted
Moore
Mulvaney
Pelosi
Poe (TX)
Price (NC)
Rooney (FL)
Rush
Sanchez, Loretta
Tiberi
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1737
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
PROGRAM MANAGEMENT IMPROVEMENT ACCOUNTABILITY ACT
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (S. 1550) to amend title
31, United States Code, to establish entities tasked with improving
program and project management in certain Federal agencies, and for
other purposes, as amended, 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 Georgia (Mr. Carter) that the House suspend the rules
and pass the bill, as amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 404,
nays 11, not voting 16, as follows:
[Roll No. 550]
YEAS--404
Abraham
Adams
Aderholt
Aguilar
Allen
Amodei
Ashford
Babin
Barletta
Barr
Barton
Bass
Beatty
Becerra
Benishek
Bera
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bonamici
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Bridenstine
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farenthold
Farr
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Grijalva
Guinta
Guthrie
Hahn
Hanna
Hardy
Harper
Harris
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
[[Page 13379]]
Hinojosa
Holding
Honda
Hoyer
Hudson
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lee
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Matsui
McCarthy
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pallone
Palmer
Pascrell
Paulsen
Payne
Pearce
Perlmutter
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Pompeo
Posey
Price, Tom
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Westmoreland
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--11
Amash
Brat
Brooks (AL)
Gosar
Griffith
Grothman
Huelskamp
Jones
Jordan
Massie
Perry
NOT VOTING--16
Beyer
Brown (FL)
Carter (GA)
Fincher
Gutierrez
Lieu, Ted
Moore
Mulvaney
Pelosi
Poe (TX)
Price (NC)
Rooney (FL)
Rush
Sanchez, Loretta
Tiberi
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1743
Mr. GROTHMAN changed his vote from ``yea'' to ``nay.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
DISTRICT OF COLUMBIA JUDICIAL FINANCIAL TRANSPARENCY ACT
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 4419) to update the
financial disclosure requirements for judges of the District of
Columbia courts, as amended, 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 Georgia (Mr. Carter) that the House suspend the rules
and pass the bill, as amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 414,
nays 0, not voting 17, as follows:
[Roll No. 551]
YEAS--414
Abraham
Adams
Aderholt
Aguilar
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Bass
Beatty
Becerra
Benishek
Bera
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bonamici
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farenthold
Farr
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guinta
Guthrie
Hahn
Hanna
Hardy
Harper
Harris
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
Hinojosa
Holding
Honda
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kaptur
Katko
Keating
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lee
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matsui
McCarthy
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pallone
Palmer
Pascrell
Paulsen
Payne
Pearce
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Pompeo
Posey
Price, Tom
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Westmoreland
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
[[Page 13380]]
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOT VOTING--17
Beyer
Brown (FL)
Carter (GA)
Fincher
Gutierrez
Kelly (IL)
Lieu, Ted
Moore
Mulvaney
Pelosi
Poe (TX)
Price (NC)
Rooney (FL)
Rush
Sanchez, Loretta
Tiberi
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1749
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
The title of the bill was amended so as to read: ``A bill to update
the financial disclosure requirements for judges of the District of
Columbia courts and to make other improvements to the District of
Columbia courts.''.
A motion to reconsider was laid on the table.
____________________
SUPPORTING YOUTH OPPORTUNITY AND PREVENTING DELINQUENCY ACT OF 2016
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 5963) to
reauthorize and improve the Juvenile Justice and Delinquency Prevention
Act of 1974, and for other purposes, as amended, 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 Florida (Mr. Curbelo) that the House suspend the rules
and pass the bill, as amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 382,
nays 29, not voting 20, as follows:
[Roll No. 552]
YEAS--382
Abraham
Adams
Aderholt
Aguilar
Allen
Amodei
Ashford
Barletta
Barr
Barton
Bass
Beatty
Becerra
Benishek
Bera
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bonamici
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brooks (IN)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Byrne
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farr
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gibson
Goodlatte
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Grijalva
Grothman
Guinta
Guthrie
Hahn
Hanna
Hardy
Harper
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
Hinojosa
Holding
Honda
Hoyer
Hudson
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Kaptur
Katko
Keating
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lee
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marino
Matsui
McCarthy
McCaul
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pallone
Pascrell
Paulsen
Payne
Pearce
Perlmutter
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Pompeo
Posey
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Webster (FL)
Welch
Wenstrup
Westerman
Williams
Wilson (FL)
Wilson (SC)
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--29
Amash
Babin
Brat
Bridenstine
Brooks (AL)
Buck
Burgess
Chaffetz
Duncan (TN)
Farenthold
Gohmert
Gosar
Griffith
Harris
Huelskamp
Jones
Jordan
Labrador
Marchant
Massie
McClintock
Palmer
Perry
Price, Tom
Sanford
Sensenbrenner
Weber (TX)
Westmoreland
Wittman
NOT VOTING--20
Beyer
Brown (FL)
Carter (GA)
Fincher
Gutierrez
Joyce
Kelly (IL)
Lieu, Ted
Moore
Mulvaney
Pelosi
Poe (TX)
Price (NC)
Rigell
Rooney (FL)
Ruppersberger
Rush
Sanchez, Loretta
Tiberi
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1755
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
PERSONAL EXPLANATOIN
Mr. CARTER of Georgia. Mr. Speaker, on Thursday, September 22, 2016 I
was absent due to personal reasons and missed votes. Had I been
present, I would have voted as follows:
Rollcall No. 542 on ordering the previous question--``Aye.'' Rollcall
No. 543 adoption of H.Res. 879--``Aye.'' Rollcall No. 544 passage of
H.R. 5719--``Aye.'' Rollcall No. 545 passage of H.R. 5320--``Aye.''
Rollcall No. 546 passage of H.R. 5946--``Aye.'' Rollcall No. 547
passage of H.R. 2285--``Aye.'' Rollcall No. 548 passage of H.R. 5523--
``Aye.'' Rollcall No. 549 passage of H.R. 5625--``Aye.'' Rollcall No.
550 passage of House Amendment to S. 1550--``Aye.'' Rollcall No. 551
passage of H.R. 4419--``Aye.'' Rollcall No. 552 passage of H.R. 5963--
``Aye.''
PERSONAL EXPLANATION
Mr. TIBERI. Mr. Speaker, on rollcall Nos. 544 (on passage of H.R.
5719), 545 (motion to suspend the rules and pass, as amended H.R.
5320), 546 (motion to suspend the rules and pass, as amended H.R.
5946), 547 (motion to suspend the rules and pass, as amended H.R.
2285), 548 (motion to suspend the rules and pass, as amended H.R.
5523), 549 (motion to suspend the rules and pass, as amended H.R.
5625), 550 (motion to suspend the rules and pass, as amended House
Amendment to S. 1550), 551 (motion to suspend the rules and pass, as
amended H.R. 4419), and 552 (motion to suspend the rules and pass, as
amended H.R. 5963) I did not cast my vote due to illness. Had I been
present, I would have voted ``yea'' on all of the votes.
[[Page 13381]]
____________________
MESSAGE FROM THE SENATE
A message from the Senate by Ms. Curtis, one of its clerks, announced
that the Senate has passed bills of the following titles in which the
concurrence of the House is requested:
S. 1878. An act to extend the pediatric priority review
voucher program.
S. 2683. An act to include disabled veteran leave in the
personnel management system of the Federal Aviation
Administration.
The message also announced that pursuant to Public Law 110-315, the
Chair, on behalf of the Democratic Leader, appoints the following
individual to be a member of the National Advisory Committee on
Institutional Quality and Integrity:
Steven VanAusdle of Washington vice Cameron Staples of Connecticut.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore (Mr. Russell). Pursuant to clause 8 of rule
XX, the Chair will postpone further proceedings today on additional
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.
Any record vote on postponed questions will be taken later.
____________________
SAN LUIS REY INDIAN WATER RIGHTS SETTLEMENT ACT AMENDMENT
Mr. DENHAM. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1296) to amend the San Luis Rey Indian Water Rights
Settlement Act to clarify certain settlement terms, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1296
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SAN LUIS REY SETTLEMENT AGREEMENT IMPLEMENTATION.
The San Luis Rey Indian Water Rights Settlement Act (Public
Law 100-675) is amended by inserting after section 111 the
following:
``SEC. 112. IMPLEMENTATION OF SETTLEMENT.
``(a) Findings.--Congress finds and recognizes as follows:
``(1) The City of Escondido, California, the Vista
Irrigation District, the San Luis Rey River Indian Water
Authority, and the Bands have approved an agreement, dated
December 5, 2014, resolving their disputes over the use of
certain land and water rights in or near the San Luis Rey
River watershed, the terms of which are consistent with this
Act.
``(2) The Bands, the San Luis Rey River Indian Water
Authority, the City of Escondido, California, the Vista
Irrigation District, and the United States have approved a
Settlement Agreement dated January 30, 2015 (hereafter in
this section referred to as the `Settlement Agreement') that
conforms to the requirements of this Act.
``(b) Approval and Ratification.--All provisions of the
Settlement Agreement, including the waivers and releases of
the liability of the United States, the provisions regarding
allottees, and the provision entitled `Effect of Settlement
Agreement and Act,' are hereby approved and ratified.
``(c) Authorizations.--The Secretary and the Attorney
General are authorized to execute, on behalf of the United
States, the Settlement Agreement and any amendments approved
by the parties as necessary to make the Settlement Agreement
consistent with this Act. Such execution shall not constitute
a major Federal action under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary is
further authorized and directed to take all steps that the
Secretary may deem necessary or appropriate to implement the
Settlement Agreement and this Act.
``(d) Continued Federally Reserved And Other Water
Rights.--
``(1) In general.--Notwithstanding any other provision of
law, including any provisions in this Act, the Bands had,
have, and continue to possess federally reserved rights and
other water rights held in trust by the United States.
``(2) Future proceedings.--In any proceeding involving the
assertion, enforcement, or defense of the rights described in
this subsection, the United States, in its capacity as
trustee for any Band, shall not be a required party and any
decision by the United States regarding participation in any
such proceeding shall not be subject to judicial review or
give rise to any claim for relief against the United States.
``(e) Allottees.--Congress finds and confirms that the
benefits to allottees in the Settlement Agreement, including
the remedies and provisions requiring that any rights of
allottees shall be satisfied from supplemental water and
other water available to the Bands or the Indian Water
Authority, are equitable and fully satisfy the water rights
of the allottees.
``(f) No Precedent.--Nothing in this Act shall be construed
or interpreted as a precedent for the litigation or
settlement of Indian reserved water rights.''.
SEC. 2. DISBURSEMENT OF FUNDS.
The second sentence of section 105(b)(1) of the San Luis
Rey Indian Water Rights Settlement Act (Public Law 100-675)
is amended by striking the period at the end, and inserting
the following: ``, provided that--
``(i) no more than $3,700,000 per year (in principal,
interest or both) may be so allocated; and
``(ii) none of the funds made available by this section
shall be available unless the Director of the Office of
Management and Budget first certifies in writing to the
Committee on Natural Resources of the House of
Representatives and the Committee on Indian Affairs of the
Senate that the federal budget will record budgetary outlays
from the San Luis Rey Tribal Development Fund of only the
monies, not to exceed $3,700,000 annually, that the Secretary
of the Treasury, pursuant to this section, allocates and
makes available to the Indian Water Authority from the trust
fund.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Denham) and the gentleman from California (Mr. Huffman)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Denham).
General Leave
Mr. DENHAM. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. DENHAM. Mr. Speaker, I yield myself such time as I may consume.
The bill before us today helps bring closure to almost 50 years of
litigation and uncertainty that have impacted tribal and nontribal
communities in southern California.
{time} 1800
Negotiations between five tribes, water districts, cities, and
Federal Government have been ongoing for decades, and this bill
represents the results of those successful negotiations. The Federal
money has already been appropriated for this settlement, and this bill,
as amended, includes provisions that are aimed at resolving direct
spending issues that have been identified by the Congressional Budget
Office.
It is not often that both sides of the aisle come to an agreement on
anything involving California water. While I hope that we will have
agreement on larger California water issues in the near future, this
bill shows that we can come together. I urge my colleagues to support
this bipartisan measure.
Mr. Speaker, I reserve the balance of my time.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
This bill approves a water rights settlement agreement that would
resolve nearly five decades of litigation. That is a great thing.
The 2015 settlement between the United States and the parties that
Mr. Denham just mentioned is important, and approving this settlement
will finally put an end to years of bitter fighting over water rights
in the San Luis Rey River Basin. It also leaves intact the full amount
of funds Congress previously appropriated for the tribes. This kind of
negotiation is important, and the painstaking work that has gone into
it is to be commended. Now it is up to Congress to do its part to
implement a well-crafted settlement.
I commend my colleagues across the aisle for introducing this bill
and for moving it through the House, and I thank the committee staffs
on both sides who have been working hard to bring this bill to the
floor.
I have to say, though, Mr. Speaker, that all of this good,
collaborative work represented in Mr. Hunter's bill stands in contrast
to another set of pending water agreements in our State. I hope that
the Obama administration will look at this successful example of
collaboration in San Diego County and reconsider its current approach
to the Westlands-San Joaquin Valley drainage disputes, where Congress
and the public have been extremely ill-served.
[[Page 13382]]
In the two pending drainage agreements, the Interior Department has
agreed to waive hundreds of millions of dollars that are owed to
taxpayers. They have failed to close off potential litigation risks
from other parties and have failed to secure actual commitments to
clean up the contamination. They have also promised to write a new,
permanent water contract for a party that is not a tribal party but is
in an arid state where everyone is hurting for clean water. Meanwhile,
we weren't able to receive administration testimony on one of the
agreements due, in part, to a pending inspector general investigation
of the beneficiaries.
I am hopeful that, in the next administration and in a new Congress,
we can do a better job on this drainage issue and, specifically, that
we will be able to tackle those California drainage disputes with the
same level of collaboration and problem-solving that we have seen in
the San Luis Rey Basin.
Mr. Speaker, I reserve the balance of my time.
Mr. DENHAM. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. Hunter).
Mr. HUNTER. I thank the gentleman and my great friend from
California.
Mr. Speaker, the parties to this settlement have been working towards
a resolution for almost 50 years; so I will keep my remarks brief so
that we don't delay them any further. Before I get into the substance
of this bill, I thank Chairman Bishop, Chairman Fleming, and the
Natural Resources Committee staff for their assistance in getting this
bill to the floor right now. I also thank my friends across the aisle.
Today we are addressing an issue that dates back to the late 19th
century, when the Federal Government established reservations--in what
is now my district in northern San Diego County--for five Mission
Indian bands. The creation of these reservations included sufficient
water to meet the bands' present and future needs. However, in 1969,
litigation arose surrounding whether the Federal Government improperly
signed over the bands' water rights claims to two non-Indian
municipalities--what are today the city of Escondido and the Vista
Irrigation District.
In 1988, after decades of litigation, Congress enacted legislation
that was introduced by former Congressman Ron Packard, the 1988 San
Luis Rey Water Rights Settlement Act. Among its provisions, the
legislation directed the U.S. Secretary of the Interior to provide
water annually to the tribes and established the San Luis Rey Tribal
Development Fund. However, that act only becomes effective when all of
the parties to the litigation enter into a settlement agreement
providing for the complete resolution of all claims. That is what the
legislation we are considering today accomplishes.
This legislation puts into effect a previous Department of Justice
settlement agreed to by all parties--the five Mission Indian bands, the
two local municipalities, and the Federal Government--and requires no
new money or water to be enacted. With the passage of H.R. 1296,
Congress can, at last, end this dispute and finalize the action it
sought in passing the original settlement act in 1988.
I urge all Members to support this bipartisan legislation.
Mr. HUFFMAN. Mr. Speaker, I yield back the balance of my time.
Mr. DENHAM. Mr. Speaker, in closing, this is one small step to
California's water solutions. It is about time that we came together on
this one small issue in California. Now it is time to face the much
bigger issues of a drought-stricken State that continues to see a lack
of water storage. It is time that we find a real solution for all of
California.
I yield back the balance of my time.
Mr. HUNTER. Mr. Speaker, H.R. 1296, a bill to amend the San Luis Rey
Indian Water Rights Settlement Act to clarify certain settlement terms,
approves and ratifies a settlement agreement entered into among the
United States; five Bands of Mission Indians in northern San Diego
County; the City of Escondido, California; and the Vista Irrigation
District. The settlement agreement was contemplated by the 1988 San
Luis Rey Indian Water Rights Settlement Act, in which Congress, seeking
to end decades of litigation, created a $30 million trust fund to be
provided to the Bands with interest upon execution of a settlement.
That amount was appropriated for the trust fund in 1989.
The parties' settlement agreement requires ratification and approval
by Congress in order to be effective, hence the introduction of H.R.
1296. After the House Natural Resources Committee reported H.R. 1296,
the Congressional Budget Office concluded that the bill would increase
net direct federal spending by $18 million over the 2017 through 2026
period. After further discussions, the bill was amended in a way that
CBO concluded would eliminate the $18 million spending effect.
Specifically, the amended H.R. 1296 provides that the money in the
trust fund--rather than becoming fully available to the Bands
immediately upon the settlement taking effect as the 1988 Act
provided--would be made available at the rate of $3.7 million per year,
with the Bands having the option to withdraw less than that amount. The
House passed H.R. 1296 with this amendment on September 22, 2016.
The only change regarding the trust fund that H.R. 1296 as amended
makes to the 1988 Act is to change the rate at which the money in the
trust fund is made available to the Bands. The full amount of the fund
that Congress appropriated in 1989, including the interest that has
been and will continue to be earned on that money, is unchanged. And
crucially, the agreement to limit the annual allocations to no more
than $3.7 million does not affect the Bands' right to eventually
receive all of the money in the trust fund once the settlement takes
effect.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Denham) that the House suspend the rules
and pass the bill, H.R. 1296, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
ROBERT EMMET PARK ACT OF 2016
Mr. DENHAM. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4564) to redesignate the small triangular property located
in Washington, DC, and designated by the National Park Service as
reservation 302 as ``Robert Emmet Park'', and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4564
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 ``Robert Emmet Park Act of
2016''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Robert Emmet was one of Ireland's most prominent
historical figures, having led an effort to secure Irish
independence in 1803.
(2) Although Emmet's efforts initially failed, they
succeeded in inspiring new generations of Irish men and women
to struggle for independence.
(3) For his efforts to gain Irish independence, Emmet was
found guilty of treason and sentenced to death by hanging.
(4) Robert Emmet's ``Speech from the Dock'' motivated many
of the efforts that led to an independent Ireland following
1916's Easter Rising; (Emmet famously said that ``To
[Ireland] I sacrificed every selfish, every lasting sentiment
. . . I wished to place her independence beyond the reach of
any power of earth . . . to procure for my country the
guarantee which Washington procured for America . . . to
exalt her to that proud station in the world.''). Emmet was
strongly influenced by American democracy and the American
Revolution.
(5) Emmet had family members similarly admiring of the
United States and dedicated to the cause of Irish
independence, including his brother Thomas Addis Emmet who
went on to become a prominent Attorney General of New York.
(6) Emmet has been revered by generations of Irish-
Americans for his leadership, courage, and sacrifice.
(7) Fifty years ago on April 22, 1966, the Robert Emmet
Statue was dedicated on a small parcel of National Park
Service land (reservation 302) at the corner of 24th Street
NW and Massachusetts Avenue NW in Washington, DC.
(8) Robert Emmet's statue is the central feature of
reservation 302.
(9) Many leading Members of Congress, including Speaker of
the House John W. McCormack and Senators Everett Dirksen
[[Page 13383]]
and Mike Mansfield served on the Robert Emmet Statue
Dedication Committee.
(10) Other members of that committee and participants in
the dedication ceremony included Secretary of the Interior
Stewart Udall, Representative Michael Kirwan, Ambassador of
Ireland William P. Fay, and Rector of St. Matthews Cathedral
John K. Cartwright.
SEC. 3. REDESIGNATION OF ROBERT EMMET PARK.
(a) Redesignation.--The small triangular property
designated by the National Park Service as reservation 302,
shall be known as ``Robert Emmet Park''.
(b) Reference.--Any reference in any law, regulation,
document, record, map, paper, or other record of the United
States to the property referred to in subsection (a) is
deemed to be a reference to ``Robert Emmet Park''.
(c) Signage.--The Secretary of the Interior may post signs
on or near Robert Emmet Park that include one or more of the
following:
(1) Information on Robert Emmet, his contribution to Irish
Independence, and his respect for the United States and the
American Revolution.
(2) Information on the history of the statue of Robert
Emmet located in Robert Emmet Park.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Denham) and the gentleman from California (Mr. Huffman)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Denham).
General Leave
Mr. DENHAM. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. DENHAM. Mr. Speaker, I yield myself such time as I may consume.
This bill, introduced by Congressman Crowley of New York,
redesignates a small, triangular property in Washington, D.C., that is
currently designated by the National Park Service as reservation 302,
as Robert Emmet Park.
Robert Emmet is a prominent historical figure who is known for his
role in the Irish Rebellion of 1803 and for his classic Speech from the
Dock that inspired future efforts to gain Irish independence. Last
April marked the 100th anniversary of the 1916 uprising, commonly known
as the Easter Rising by Irish Republicans, to end British rule and
establish an independent Irish Republic.
The small property redesignated by the bill is located just a few
blocks from the Irish Embassy, and it currently features a nearly 100-
year-old statue of Robert Emmet--a source of pride for America's Irish
community. The bill also authorizes the Secretary of the Interior to
post informational signage regarding Robert Emmet and his statue in the
park.
I urge my colleagues to support this measure.
Mr. Speaker, I reserve the balance of my time.
Mr. HUFFMAN. Mr. Speaker, Robert Emmet was an Irishman who was
inspired by our hard-fought independence in this country, and he wanted
the same for his native land. I think this bill is a wonderful thing
for Ireland and a wonderful thing for Irish Americans, including for my
colleague, Mr. Crowley, a great, proud Irish American.
Mr. Speaker, H.R. 4564 designates a small triangle of land in
Washington, DC as the Robert Emmet Park. The parcel is home to a statue
of Robert Emmet, a seminary figure in Ireland's quest for independence.
The bill also authorizes the National Park Service, which managed the
area, to add interpretive displays and signage to the area.
Emmet admired the independence we achieved in this country, and only
wanted the same freedom and liberty for his compatriots. These powerful
sentiments are a charge to all of us in this Chamber and throughout the
country: that we put the good of our fellow countrymen before our
individual gains and that we work together to preserve this great
Nation.
By designating this small plot of land and the accompanying statue as
Robert Emmet Park, this stands as a constant reminder of the call to
liberty and freedom that binds our Nation together. I am glad to
support this bill and thank the sponsor, Representative Joe Crowley of
New York, the vice-chair of the Democratic Caucus.
I yield such time as he may consume to the gentleman from New York
(Mr. Crowley).
Mr. CROWLEY. Mr. Speaker, I thank both of my friends from California
for bringing this bill to the floor today. I am not a member of the
requisite committee, but I appreciate the work that was done to bring
it to the floor. I thank them both for speaking in favor of this piece
of legislation.
Mr. Speaker, it is interesting that we are here this week at the cusp
of the grand opening of the National Museum of African American History
and Culture here in Washington, D.C.--a, rightfully, magnificent
building here on The Mall of our Nation's Capital. I think, after
listening to a few of the remarks I will make about this little piece
of property here in Washington, it is a modicum in comparison to that,
but it is, I think, worthy of our support.
This is a bipartisan bill that is before us today. It has earned the
support of both sides of the aisle. Specifically, it would name a small
parcel of land in Washington, D.C., as the Robert Emmet Park. In some
ways, the name can be considered a formality because, as has been
mentioned by Mr. Denham, there is already a statue of Emmet that has
been in the park for decades. It is the only statue in the very small
park, and it is situated so that it is the main visible feature to
visitors. I hope one doesn't mind my sharing just a little of the
history here today.
The Robert Emmet statue first came into the possession of the United
States 100 years ago, when then-President Woodrow Wilson, other Cabinet
members, diplomats, and Members of Congress joined in the acceptance
ceremony.
The statue was a gift from the Irish American community and was
created by renowned artist Jerome Connor. After it was donated, it
graced the rotunda of the National Museum of Natural History for its
first 50 years. In the 1960s, it was moved to its current location in
the park, and it was rededicated. The statue has stood there ever since
and has been admired by millions of tourists, visitors, local
residents, and passersby.
But this is not just a statue. For many Americans, the admiration for
Robert Emmet reflects a deep and abiding pride in Irish American
history as well as the lasting, worldwide influence of our own American
history. That is because, over 200 years ago, inspired by George
Washington and the American Revolution, Emmet led an attempt to free
Ireland from British rule. For this effort, he was captured and was
ultimately executed. In the course of his execution, he gave one of the
most famous speeches in history, known as the Speech from the Dock. His
cause lived on not only because he paid the ultimate price on September
20, 1803, but because of his incredible and indelible words that he
spoke that day.
In his speech, Emmet spoke about how George Washington and the
American independence struggle inspired his actions. He spoke about his
desire for sovereignty and for independence for his own land. He spoke
about his desire for freedom and uttered words that live on in the
hearts of Irish Americans and of all freedom-loving people throughout
the world.
I quote from that speech:
Let no man write my epitaph; for as no man who knows my
motives dare now vindicate them, let not prejudice or
ignorance asperse them. Let them and me rest in obscurity and
peace and my tomb remain uninscribed and my memory in
oblivion until other times and other men can do justice to my
character. When my country takes her place among the nations
of the Earth, then--and not till then--let my epitaph be
written.
It is dangerous to paraphrase a famous speech; but basically Emmet
was saying not to write his epitaph until the struggle was won. He
believed it ultimately would be won someday.
The brilliance of his speech and the courage of his convictions had a
profound impact on people throughout the world, but particularly in
Ireland. Understand that he was subject to execution--he was hung,
drawn, and quartered--and he knew that that is what
[[Page 13384]]
he was facing; yet he had the ability to deliver one of the greatest
speeches in the history of mankind.
Scholars indicate that President Abraham Lincoln knew and recited the
very speech I just alluded to. The American author Washington Irving
wrote of Emmet, and many schoolchildren across our country memorized
parts of the speech I just referred to. I, myself, learned of that
passage during time spent at my high school, my alma mater, Power
Memorial Academy in New York City.
Emmet and his speech also had a real and concrete impact on our own
American history. In fact, organizations called the Emmet Monument
Association sprung up in the United States. Their goal was to build a
burial monument to Emmet on which that promised epitaph, one day, could
be written. Since Emmet had requested that Ireland be free before his
epitaph were written, these were really Fenian freedom organizations.
{time} 1815
Over the years, these and other organizations were supported by
countless Americans not only in New York, Boston, and Washington, D.C.,
but throughout our land, Irish and non-Irish alike. Their work was the
precursor to later American roles in the struggle for Ireland's
independence, and their presence played a major part in American
political life for many, many, many decades.
When the Emmet statue was moved to its current location 50 years ago,
many leading American figures served on the bipartisan dedication
committee, including then-Speaker of the House John W. McCormack and
Senators Everett Dirksen and Mike Mansfield. They were joined by the
Secretary of the Interior Stewart Udall and Rector of St. Matthews
Catholic Cathedral, John Cartwright.
President Lyndon Johnson also conveyed his admiration for Emmet in a
message to the event writing, ``. . . the sheer patriotism and the
gallant courage of Robert Emmet has inspired Americans no less than
Irishmen . . . We Americans are proud to accord a place of honor here
in the Nation's Capital to Robert Emmet, whose struggles and sacrifices
bespeak the yearnings of mankind throughout the ages.''
Mr. Speaker, it is clear that Congress and the U.S. Government have
long recognized the significance of this park and its central statue in
keeping alive not only the memory of Robert Emmet but the ideals that
he fought and what he was executed for.
I hope we can continue that record and the bipartisan cooperation
here today by passing this legislation. This bill doesn't require
spending funds. It doesn't require undue efforts. It doesn't
significantly rearrange any current setup of the park or the park
system. It would simply attach the name ``Robert Emmet Park'' to the
existing small piece of land where that statue rests.
I respectfully urge its passage.
In closing, I thank the members and staff of the Natural Resources
Committee for their work and their support of this measure. I greatly
appreciate their work in ensuring that this is on the floor and that
the bill passes today.
I can't do enough justice to the life of Robert Emmet, nor his
brother, Thomas, for that matter, and all those who followed
afterwards. He was an incredible inspiration, as I said, not only to
Ireland but well beyond the shores of Ireland as well, including the
United States of America.
Mr. HUFFMAN. Mr. Speaker, I have no additional speakers, and I
reserve the balance of my time.
Mr. DENHAM. Mr. Speaker, I yield back the balance of my time.
Mr. HUFFMAN. Mr. Speaker, in closing, I would just like to thank Mr.
Crowley for offering this important issue. It is important to Irish
heritage, and it certainly deserves the recognition as a park right
here in our local area of Washington, D.C.
I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Young of Iowa). The question is on the
motion offered by the gentleman from California (Mr. Denham) that the
House suspend the rules and pass the bill, H.R. 4564.
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.
____________________
PROHIBITING FUTURE RANSOM PAYMENTS TO IRAN ACT
General Leave
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks and to include
any extraneous materials they might want to include on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 879 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 5931.
The Chair appoints the gentleman from Oklahoma (Mr. Russell) to
preside over the Committee of the Whole.
{time} 1820
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 5931) to provide for the prohibition on cash payments to the
Government of Iran, and for other purposes, with Mr. Russell in the
chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from California (Mr. Royce) and the gentleman from New
York (Mr. Engel) each will control 30 minutes.
The Chair recognizes the gentleman from California.
Mr. ROYCE. Mr. Chairman, I yield myself such time as I may consume.
I raise this issue because, on three occasions now, we have had the
transfer of pallets of cash to the Government of Iran, and this
legislation would make certain that that does not happen again.
The reason we do not want to pay cash to the Government of Iran has
to do with all of the efforts that the international community has put
into trying to track the conduct of that regime, which is a primary
money laundering concern for the international financial community, and
for the fact that particular government in Iran, the Iranian
Revolutionary Guard Corps, has been the primary source of cash support
for Hamas in the past and also today for Hezbollah.
We could add to that the work of the IRGC in trying to get parts for
their ballistic missile program as their agents are out and about
Europe trying to buy this equipment.
It is not in the interest of the United States to have the regime
have cold, hard cash. So this legislation would put an end to that.
As the Members of the House will recall, the President announced in
January that the United States would pay Iran $1.7 billion to settle a
dispute involving a 1979 arms deal. This payment came out of the blue.
From the start, by the way, Iranian military commanders were saying
that a hostage exchange, which I think most of us originally assumed,
was going to be nine prisoners who were in the process of being
convicted in the United States, of Iranian nationality, were going to
be exchanged for the four hostages, the four Americans, that Iran was
holding.
Yet, from the beginning, as this was announced, you saw the Iranian
Revolutionary Guard Corps speaking to this issue saying there was going
to be a transfer of cash. Basically, there was going to be a ransom
payment here in exchange for letting the Americans go.
Well, it turns out that, after months of pressing from the Foreign
Affairs Committee and the media, the Obama administration finally
admitted that it had ignored the concerns from the Justice Department.
Now, what was the Justice Department's concerns? It had to do with
the way in which the payment was being
[[Page 13385]]
made. It had to do with the transfer of cash.
As the Justice Department said, there is a longstanding U.S. policy
against this process. Why? Because when you do so, you can expect to
get more of the same kind of action from a state like Iran.
Indeed, once the $1.7 billion in these three tranches of cash were
paid, the result, after the release of Americans held hostage in Iran
and after they announced in Iran that this was linked to these pallets
of cash, then they took three more American hostages. They detained
three more Americans and held them, plus a Canadian, plus a Frenchman,
and a Brit. So, not surprisingly, I guess, Iran is continuing in this
behavior.
I think now the administration claims also that cash was the only way
they could do this particular transaction, but that is simply not true.
It could have permitted a transaction to go through the international
financial system. How do we know this? Because they were making other
payments through the international financial system to Iran as
sanctions were being lifted through the proper procedure there.
Just this week, the Treasury Department confirmed that other recent
transactions with Iran were conducted through traditional banking
channels.
I think the reason this was done in pallets of cash, in my opinion,
was because that is what the Iranians were demanding. The reason I
think that is because that is what they are saying in terms of their
television coverage of this.
So the administration did choose to deliver $1.7 billion in
untraceable assets to Iran's radical regime. And that is problematic
when the international body charged with developing policies to combat
money laundering and combat terrorism financing tells us that, in their
words, physical transportation of currency is one of the main methods
used to move criminal assets, to launder money, and--to me, most
importantly--to ``finance terrorism.''
I believe that, again, that is why the Iranian regime wanted the
cash. It is not a coincidence to me that the desire for cash comes just
as this committee's legislation to crack down on banks that finance
Hezbollah is having an impact. What kind of an impact? We have made it
very, very hard for those in Hezbollah and Hamas to now get their hands
on the support that previously had come through Iran.
Iran and its proxies need cash, and we should not be transferring it
to them. So this legislation, which passed out of the Foreign Affairs
Committee last week, has two core elements: One, it prohibits future
cash payments for any reason to Iran. And, two, it demands transparency
and advanced notification of any future settlements related to the
U.S.-Iran Hague Tribunal so that the Congress is not surprised again.
It poses a fundamental question: Are we comfortable providing Iran,
the world's leading state sponsor of terrorism that is fueling a
bloodbath in Syria, with billions of dollars in cash that they can turn
around and funnel to the Assad regime, to Hezbollah, and to Hamas? I
think, for all Members, the answer to that question is clear.
I would urge an ``aye'' vote on this bill.
I reserve the balance of my time.
Mr. ENGEL. Mr. Chairman, I yield myself such time as I may consume,
and I rise in opposition to this bill.
Let me start by underscoring my respect and admiration for our
chairman of the Foreign Affairs Committee and my friend, Ed Royce. It
is unusual that we debate a Foreign Affairs bill subject to a rule
because the vast majority of our legislation is the product of strong
bipartisan collaboration.
So I regret that the bill we are debating today doesn't have support
across the aisle, and all you need to do is read the bill's title to
know what I mean. There were 50 Republican sponsors and no Democrats.
We really weren't part of putting this bill together. And again and
again in the bill, we see the word ``ransom.''
Now, I know that some of my colleagues and the chairman believe
sincerely that the latest payment to Iran was a ransom. I happen to
disagree. I think holding Iran's money until Iran released American
detainees was a pretty shrewd bargain. Whatever we think, using the
word ``ransom'' turns this bill into a political hot button, a poke in
the eye of the administration.
Now, I don't like or trust the Government of Iran. I voted against
the Iran bill last year, and it is no secret that I have some
differences with the President's Iran policy. But I do know that
pushing legislation just to embarrass the White House won't help to
resolve those differences we might have.
{time} 1830
I also question the bill's focus on cash. Look, I share the view that
any sum dumped into Iran's bank account may be put to bad use. But, Mr.
Chairman, I would have that concern whether the money got to Iran via
cash, check, wire transfer, or stacks of gold bars. Money is money; it
is fungible. We have no way of knowing what happens to it once it is in
Iran's hands. We can guess, but we have no way of knowing.
Does that irk me? Sure, it does. Iran's leaders do all sorts of
things that irk me and, more important, that make the world less safe.
But whether we like it or not, the payment we are talking about was
Iran's money. We paid it as part of a settlement under the Algiers
Accords, which the United States signed in 1981. We have been making
payments like this for decades--under Ronald Reagan, under George H.W.
Bush, and now under Barack Obama--and in that time, regardless of how
we sent the money, we haven't had any control over what Iran does with
it. I agree, it is deeply frustrating because we know what Iran is up
to.
We can't control that, Mr. Chairman. But there are some things we can
control. For instance, I agree with Chairman Royce that the way we
found out about this payment gave Congress short shrift. We did receive
a briefing, but we did not learn how and when the payment was going
forward. Congress can, and should, make sure that happens with respect
to future payments. That is what my amendment does, which I am going to
introduce.
In my view, that is what the Committee on Foreign Affairs would have
done if we had advanced this bill according to our normal bipartisan
process. Again, as I said, there was no input from the minority. It
comes to the floor with 50 Republican cosponsors and not a single
Democrat. I am not able to support the bill because, to me, it puts
political concerns ahead of our legitimate concerns. I share the
chairman's feelings about Iran. I don't think there is a dime's worth
of difference between our feelings with Iran. It is simply a matter of
what is the best way to go about doing it. I don't think this is the
best way.
Mr. Chairman, I reserve the balance of my time.
Mr. ROYCE. Mr. Chairman, I yield myself such time as I may consume.
I would make the point that, as we talk about whether Iran took
possession of this money in cash or by check, that transaction is
immaterial. I understand the argument here, but let me explain why I do
not think that holds true with respect to the process here.
There are other options that could have been followed, that have been
followed by the international community when payment is made. For
example, the administration could have held the funds in an escrow
account overseas, verified that the end recipients of the funds were,
in Iran, not sanctioned entities, like the Islamic Revolutionary Guard
Corps.
By providing cash, the administration is doing the work for the
Iranians that they need done in terms of preparatory work for money
laundering. That is the problem. That is the problem with the way this
was done. Cash transactions, in and of themselves, raise serious
terrorism financing risks, according to the Financial Action Task
Force; and that is the official body, international body, that sets the
global standards for preventing money laundering and is most focused on
stopping terror finance. What they say, again, is that the physical
cross-border transportation of currency is the main
[[Page 13386]]
method used to move illicit funds, to launder money, and to finance
terrorism. That is why we want to cut off cash.
These risks are particularly acute here because the State Department
has identified Iran as the leading state sponsor of terrorism and as
the country that is actively supporting terrorist organizations with
cash, such as Hezbollah, Hamas as well, and then also assisting Syrian
President Assad in his murderous assault on civilians. So that is the
first point I would make.
Mr. Chairman, I yield 2 minutes to the gentleman from Iowa (Mr.
Young), a member of the Committee on Appropriations.
Mr. YOUNG of Iowa. Mr. Chairman, I thank Chairman Royce for his
leadership on this issue. I rise in support of this legislation, the
Prohibiting Future Ransom Payments to Iran Act, of which I am a proud
cosponsor.
Last month, Mr. Chairman, information came to light the
administration secretly paid a cash ransom to Iran, a state sponsor of
terrorism, in exchange for the release of American hostages, a decision
kept secret from Congress, a decision kept from Congress because, as
this administration and its own State Department know well, it is
longstanding U.S. policy to deny hostage-takers the benefits of ransom.
In fact, just last year, President Obama issued a Presidential Policy
Directive stating just that: ``The United States Government will make
no concessions to individuals or groups holding U.S. nationals hostage.
It is United States policy to deny hostage-takers the benefits of
ransom, prisoner releases, policy changes, or other acts of
concession.''
I fear this President has set a dangerous precedent for United States
nationals and personnel abroad. We are already seeing it, Mr. Chairman.
Since the ransom has been paid, Iran has taken seven more United States
citizens hostage.
This decision was not only foolish, but shortsighted. I have yet to
mention where this money is likely to go. Iran has been designated as a
state sponsor of terrorism by the U.S. State Department since 1984. It
has supported groups like Hezbollah and Hamas, which call for the
destruction of our allies, including Israel.
The President would understandably like to deny ransom was paid and
instead claim this was simply leverage and part of a settlement deal
that he struck with the same Iranians who, by his own admission, have
violated the spirit of his generous agreements before. For someone who
holds the spirit of pledges in such high esteem, Mr. Chairman, I don't
think even the President could disagree that, at the very least, he
violated the spirit of his own policy.
This administration's desire to appease a radical Iranian regime
knows no bounds. Though the President stands idly by as the Iranians
violate the terms of their agreement with the United States, Congress
must not stand idly by while he violates his own deal with the American
people.
I thank Chairman Royce for his leadership on this. I urge my
colleagues to support this legislation, H.R. 5931. It is time to cut
off the cash.
Mr. ROYCE. Mr. Chairman, I yield 3 minutes to the gentleman from New
York (Mr. Zeldin), whose helpful amendment to this bill was adopted
during the Committee on Foreign Affairs' markup.
Mr. ZELDIN. Mr. Chairman, I thank Chairman Royce and rise in support
of his legislation, Prohibiting Future Ransom Payments to Iran Act,
which I cosponsored, to prohibit ransom payments to Iran, the largest
state sponsor of terror.
Iran calls America the Great Satan and pledges death to America. Iran
is illegally test-firing ICBMs. They finance Assad in Syria, Hezbollah,
Hamas, and other terror groups. Iran recently detained and embarrassed,
publicly, U.S. Navy sailors. Iran currently is threatening U.S. Navy
warships. Iran leaders do not respect American weakness--they prey upon
it--and the U.S. is feeding into it, like the unsigned political
commitment otherwise known as the Iran nuclear deal. Purchasing Iran's
heavy water didn't help. Speaker Ryan has aptly pointed out, Secretary
Kerry has been a shill for Iran, as if he is the president of the
Tehran Chamber of Commerce.
I am deeply troubled that earlier this year the Obama administration
airlifted a cash ransom payment at the exact same moment as the release
of four unjustly detained American hostages. Some people blindly loyal
to this President will say that this was Iran's money. No, it wasn't.
This was a disputed claim for decades, and for very good reason. In the
late 1970s, Iran fell behind in their payments under the Foreign
Military Sales program. Iran canceled their orders, overtook our
Embassy, and then repudiated all foreign obligations.
Not only have we been disputing Iran's claim for $400 million, we had
counterclaims against Iran, including one for $817 million. In fact, a
Federal law from 2000 details a very specific requirement regarding
payments to Iran from the FMS account, which was directly violated by
the ransom payment to Iran.
Between the 1979 Iranian Revolution and the 2000 law, U.S. victims of
Iranian-sponsored terrorism sued the Iranian Government in U.S. court
with claims caused by Iran's terrorism. The claims were paid by the
U.S. Government. These claims were subrogated to the U.S., meaning that
their claims against Iran became the U.S. claims against Iran.
The 2000 law clearly states that ``no funds shall be paid to Iran, or
released to Iran . . . from the Foreign Military Sales Fund, until such
subrogated claims have been dealt with to the satisfaction of the
United States.''
Yet President Obama paid Iran the full $400 million amount from the
FMS fund, plus more than three times that amount in interest, a total
of $1.7 billion in cash, in violation of the 2000 law. You can call a
ransom payment leverage. But guess what, folks; it is still ransom. And
why don't we pay ransom? Because now, with the price paid on American
hostages, Iran has now captured new, unjustly imprisoned American
hostages.
Passage of this bill is critically important, and I thank Chairman
Royce for his unyielding, inspiring leadership on this issue to hold
Iran accountable.
Mr. ROYCE. Mr. Chairman, I yield myself such time as I may consume.
The argument that the gentleman from New York (Mr. Zeldin) was making
is based on the counter to this argument that the administration has
made. What the administration has said is: Look, Iran says we owe them
$400 million. We will impute the interest on that. The interest on the
$400 million is $1.3 billion. Thus, we get to the $1.7 billion that the
tribunal says we owe, and we will pay that in three tranches.
The only way you get to that number, as Mr. Zeldin has pointed out,
is if you ignore the fact that in 2000, pursuant to a law signed by
President Clinton, American taxpayers provided $400 million, the same
amount as in the FMS trust fund, to U.S. citizens who had won judgments
against Iran for its support of terror. So the United States Government
then took on their $400 million in claims against Iran. So, in fact,
those two sums should have been netted out.
In fact, according to this law, the Victims of Trafficking and
Violence Protection Act, the President was required to attempt to
recover that money, that $400 million from Iran, to the satisfaction of
the United States. As part of this settlement, we are just finding
out--get this--we are just finding out that the administration is
letting Iran off the hook for the $400 million plus interest. These
sums would have netted out to zero.
According to the State Department, the administration has agreed to
no longer pursue that $400 million claim against Iran plus interest.
Why? Why? And that is why this bill is so important, because it brings
much-needed transparency to the U.S.-Iran Claims Tribunal by allowing
Congress to see what claims each side has filed when they are likely to
come in front of the tribunal and the likelihood that either Iran or
the United States will prevail.
So again, what I am concerned happened here is because of the push
from
[[Page 13387]]
Iran--and we need pushback against this. So Iran comes in at the
eleventh hour of this deal and says: Wait a minute. We want this $400
million in cash plus we want the interest. We are going to the
tribunal. That is the decision from the tribunal. And then we give up
on the counterclaim for the same amount. That is the concern here.
Mr. Chairman, I reserve the balance of my time.
Mr. ENGEL. I yield myself such time as I may consume.
Mr. Chairman, in closing, let me say this: None of us likes the
Government of Iran. None of us likes the idea of making payments to
Iran, but this bill imposes a blanket ban on most forms of payment of
our international obligations.
Let me just say that the Algiers Accords, which were signed 35 or 40
years ago, President Ronald Reagan, and President George H.W. Bush did
the same thing that President Obama is doing now by making payments to
Iran. There are things that gall us, but there are international
obligations that we really have to follow through with.
{time} 1845
It wasn't a matter and isn't a matter of giving money for hostages.
We know this was part of a larger transaction. In fact, it was Iran's
money that we held back; and we didn't release their money until we
knew that those hostages were free. So I think it was pretty shrewd on
our part to wait and use their money to hold back until the hostages
were released.
Again, I think the Government of Iran is a terrible government. I
think there are lots of things we could and should be doing together to
put the skids on them. And we will be developing legislation together.
But this legislation, to me, is more about poking a finger in the eye
of the President and the eye of the administration by using words like
``ransom'' and saying all kind of things.
That is not really what we should be doing. We should be working
together to find bipartisan solutions to check Iran, which nobody here
will say is a good actor--certainly not me--one of the worst actors in
the world, a leading sponsor of terrorism. But the United States has to
fulfill international obligations, and we will do that, and we will do
it at the same time we are countering Iran and making sure that it
doesn't get away with its aggression and all the other horrific things
the Government of Iran does. So I have to oppose this bill.
Mr. Chair, I yield back the balance of my time.
Mr. ROYCE. Mr. Chair, it looks as though I have one more Member who
has arrived and wishes to speak on this measure. I yield 3 minutes to
the gentleman from New Jersey (Mr. Lance), a member of the Committee on
Energy and Commerce.
Mr. LANCE. I thank Chairman Royce for his leadership on this
extremely important issue.
Mr. Chair, I rise in strong support of H.R. 5931, the Prohibiting
Future Ransom Payments to Iran Act.
It is a sad day when the American people see their tax funds being
given to the world's most notorious financier of international
terrorism. This legislation puts an end to it. And it is taxpayer
funds. That was the original purpose in the 1970s. Since then, the
Iranian regime has sponsored state terrorism across the globe.
The total now stands at $1.7 billion that this administration has
handed over to Iran. And despite weeks of denial after denial, the
administration has finally acknowledged that these cash shipments to
Iran were leveraged for the release of four innocent Americans
unlawfully held by Tehran. I translate the term ``leverage'' to mean
ransom.
We already know that the world is less safe based upon the nuclear
agreement with Iran and that we are catering to Iran's demands. I
believe that the $1.7 billion to Iran sets a dangerous precedent that a
terrorist network convicted in our courts can escape compensating U.S.
victims.
There have been quite a few victims who were compensated in our
courts, and those amounts of money have never been paid to the victims'
families. The cash payments shipped in the middle of the night to Iran
should instead have gone to the loved ones of those murdered by the
Iranian regime.
The bill would stop the flow of funds to the terrorist networks long
supported by Iran. I fear it may be inevitable that these funds would
make their way to some of the world's worst actors. It is a risk we
shouldn't have taken, and this legislation would ensure that it cannot
happen again not only regarding this administration--this
administration is going out of office and there will be a new President
and a new administration come January--but this legislation goes well
beyond the remaining months in office of this administration.
This is excellent legislation, regardless of which political party
controls the White House, the executive branch, the State Department.
All of us should honor the judgments that have been rendered in
courts of law for those who have lost their lives in acts of terrorism
where the responsibility has been adjudicated in our courts of law. And
it is to that end that Chairman Royce and the Foreign Affairs Committee
and many others of us in the Congress have been involved in this issue.
The Prohibiting Future Ransom Payments to Iran Act is needed, and I
urge its passage.
Mr. ROYCE. Mr. Chair, I yield 3 minutes to the gentleman from
Louisiana (Mr. Scalise), the esteemed majority whip.
Mr. SCALISE. Mr. Chairman, I want to thank the gentleman for yielding
and for his leadership in bringing this bill to the floor.
Mr. Chairman, back in June of 2015, President Obama said: ``It is
United States policy to deny hostage-takers the benefits of ransom,
prisoner releases, policy changes, or other acts of concession.''
That was back in 2015. Of course, just 6 months later, President
Obama released seven Iranians and sent $400 million in cash to Iran in
exchange for Americans held hostage.
When the initial word came out that $400 million was sent in unmarked
bills on an unmarked plane to, in essence, exchange that money for
American hostages, it sent a chilling signal all across the world. Not
only was the administration completing a prisoner swap, but the
administration was actually cowering to the Iranians' request for a
cash payment.
$400 million was converted into European currency, flown through
Geneva, and then transferred to Iran just as the American hostages were
released. But what we heard from the White House were denials, actually
calling us out, saying it wasn't a ransom payment, despite the clearly
coordinated series of events.
Mr. Chairman, nonetheless, we learn that the President's own Justice
Department warned that this cash payment would signal a change in U.S.
ransom policy and, of course, the Iranians themselves consider it a
ransom payment. In fact, the Iranians bragged that they received cash
ransom from the United States.
Nonetheless, the administration continues to refuse to confront this
problem and how it actually makes America less safe. And we have seen
that play out. Since this hostage ransom payment, more Americans and
other Westerners have been taken hostage because the President put a
bounty on the heads of Americans and other Westerners.
We have also learned there is another $1.3 billion sent to Iran in
cash. The administration said that there was no other way to send the
payment; that they couldn't wire it. But, of course, since then, we
have learned that there have been wire transfers made to Iran. So the
President continued to mislead the American people about this serious
breach of American protocol as it deals with Iran.
Now, a serious question to ask is: Where is that $1.7 billion going?
And not if, but how much of that $1.7 billion is going to end up in the
hands of Hezbollah, Hamas, and other terrorist organizations?
After all, Iran is the largest state sponsor of terror.
[[Page 13388]]
I think these are all important questions that need to be answered,
Mr. Chairman. So all of these serious questions need to be answered by
the administration, which has continued throughout this entire process
of misleading the American people about what really happened. And the
American people are demanding answers.
This bill by Chairman Royce is a serious response to stop these kinds
of cash ransom payments from ever happening again to make America less
safe. I appreciate all of my colleagues voting for this.
Mr. ROYCE. Mr. Chair, I yield myself such time as I may consume.
In summation, Mr. Chairman, throughout negotiations on the
President's nuclear deal, the Foreign Affairs Committee held scores of
briefings and hearings and meetings with the Obama administration on
Iran.
So if the goal of this settlement was only to put to rest a decade-
old excuse over an abandoned arms sale, why the secrecy? And why the
secrecy, especially, about transferring this in pallets of cash?
I believe what happened here was that Iran, at the eleventh hour,
demanded this cash payment and we ended up acquiescing.
And why ignore your own lawyers?
That is the other real question, to me. The head of the Justice
Department's National Security Division warned that Iran would see it
as a ransom and respond by taking more American hostages. And that is
exactly what happened. They held the cash until the hostages left Iran
that day. Even the State Department calls it leverage. It was textbook
ransom. The Iranians viewed it as a ransom. They bragged about it. And
now 3 more Americans have been taken hostage.
In an interview just yesterday, President Rouhani said Iran is
actively engaged in negotiations with the Obama administration to get
more money. And that is why the bill in front of us today does two
things: it provides more transparency regarding the Iran-U.S. Claims
Tribunal and it prohibits cash payments to the Government of Iran, the
world's leading state sponsor of terrorism, for any reason.
Remember, as international authorities have made clear, the physical
transportation of currency--that means cash--is one of the main methods
used for the purpose of money laundering and to finance terrorism.
So, once again, all Members must ask themselves today one important
question: Are you comfortable providing Iran, the world's leading state
sponsor of terrorism, with billions of dollars in cash that they can
turn around and funnel to the Assad regime, to Hezbollah, and to Hamas?
Mr. Chairman, the answer is clear. And I ask all Members to support
this legislation.
Mr. Chair, I yield back the balance of my time.
Mr. WILSON of South Carolina. Mr. Chair, I am grateful to be a co-
sponsor of H.R. 5931, to prohibit future cash payments to Iran.
In January, the President made a $1.7 billion cash payment along with
the dangerous Iranian Nuclear Deal. After months of questions from the
Foreign Affairs Committee about the deal and other leaders, we are just
now getting the truth--
The payment was a ransom for four Americans who sat on a runway until
the currency was en route.
The payment was made in cash--provided in pallets of untraceable
foreign currency easily provided to murderous terrorists.
The Administration claimed cash was the only way to pay the ransom,
yet the Treasury Department stated that the U.S. has made payments to
the Iranian government via wire transfer in the past year.
As a leading state sponsor of terrorism, a cash payment to Iran will
almost certainly go to finance terrorist activities, putting American
families at risk.
Needless to say, the cash payment to the Iranian regime is a
dangerous precedent that puts American families at risk. Last week, I
sent a letter to the Treasury Department's Acting Under Secretary for
Terrorism and Financial Intelligence asking what steps his office took
to ensure the cash ransom did not go to finance terrorism. I am still
awaiting response.
I appreciate the leadership of Chairman Ed Royce for sponsoring this
legislation and for his work to stop the dangerous practice of
providing cash to state sponsors of terrorism threatening American
families.
I urge my colleagues to vote in support of this crucial legislation.
Mr. CONNOLLY. Mr. Chair, I rise in opposition to this legislation,
which is not a product of bipartisan collaboration as is the tradition
of the House Foreign Affairs Committee.
The facts of this case are simple. Unfortunately, they have been
muddied by election year politics and a lack of careful deliberation on
this matter.
In 1979, U.S. weapons sales to Iran were interrupted by the Iranian
revolution, and $400 million worth of American weapons that were paid
for by Iran were never delivered.
In December 2015, the U.S. and Iran settled the claim over the
weapons sale for $1.7 billion, including $1.3 billion in interest.
Payment of the claim on January 16, 2016 coincided with
Implementation Day of the Joint Comprehensive Plan of Action (JCPOA)
and the release of four Americans detained in Iran.
The settlement was announced the next day, and Congress was briefed
on the payment.
For eight months this settlement was not the emergency it has somehow
become.
And now with less than 50 days until the election we have rushed this
legislation to the Floor without any input from the Minority.
We did not even bother to have a hearing on this subject, which the
Majority obviously views as important.
In fact, the hearing on the settlement payment was scheduled for this
week, after we marked up this bill in Committee last week.
The hearing was subsequently cancelled, which was probably for the
best.
The Committee might have looked a little foolish sending a bill to
the Floor to be voted on and then seeking out the facts of the case in
a hearing.
Point, shoot, aim, should not be the manner in which Congress
conducts U.S. foreign policy.
Perhaps we should go back to the drawing board and try to move
forward in a bipartisan fashion.
That is how the House Foreign Affairs Committee functions best.
It is how we passed Iranian sanctions to bring Iran to the
negotiating table.
It is how we have gone after Iran's financing of Hezbollah.
And it is how we should continue to confront the legitimate
challenges Iranian behavior poses to security and stability in the
world.
This legislation is not in keeping with that successful tradition,
and I must oppose it.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
In lieu of the amendment in the nature of a substitute recommended by
the Committee on Foreign Affairs, printed in the bill, it shall be in
order to consider as an original bill for the purpose of amendment
under the 5-minute rule an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 114-64. That amendment
in the nature of a substitute shall be considered as read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 5931
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 ``Prohibiting Future Ransom
Payments to Iran Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 1979, when it held more than 50 United States
citizens for 444 days, Iran has repeatedly held United States
citizens hostage.
(2) Presidential Policy Directive 30 issued by President
Barack Obama on June 24, 2015, states that ``It is United
States policy to deny hostage-takers the benefits of ransom,
prisoner releases, policy changes, or other acts of
concession.''.
(3) On January 17, 2016, the President announced that Iran
would release several United States citizens while the United
States would grant clemency to and release seven Iranian
nationals serving sentences or awaiting trial in the United
States for serious crimes.
(4) Senior officials of the Department of State have
acknowledged that these United States citizens were released
as part of a ``prisoner swap'' and Iranian negotiators
reportedly asked for a cash payment.
(5) On January 17, 2016, the President also announced that
``The United States and Iran are now settling a longstanding
Iranian government claim against the United States
Government.''.
(6) The overall amount of the settlement is approximately
$1,700,000,000.
(7) Subsequent reports revealed that $400,000,000 of this
$1,700,000,000 settlement was secretly flown to Iran, in
cash, simultaneously with the release of these United States
citizens.
(8) One of the United States citizens released that night,
Pastor Saeed Abedini, has stated
[[Page 13389]]
that Iranian officials explained a delay in their departure
was due to the status of another plane.
(9) Senior officials at the National Security Division of
the Department of Justice reportedly objected to the
$400,000,000 cash payment, warning that Iran would see it as
a ransom.
(10) On August 18, 2016, a Department of State spokesman
admitted that the $400,000,000 cash payment was ``leverage''
to gain the release of Americans held hostage by Iran.
(11) Iranian State Television quoted General Mohammad Reza
Naghdi, commander of the Basij militia, as claiming ``Taking
this much money back was in return for the release of the
American spies.''.
(12) According to Presidential Policy Directive 30, the
United States policy against paying ransom and releasing
prisoners ``protects United States nationals and strengthens
national security by removing a key incentive for hostage-
takers to target United States nationals, thereby
interrupting the vicious cycle of hostage-takings, and by
helping to deny terrorists and other malicious actors the
money, personnel, and other resources they need to conduct
attacks against the United States, its nationals, and its
interests.''.
(13) Since the United States released Iranians serving
sentences or awaiting trial in the United States for serious
crimes and provided Iran with $400,000,000 in cash, Iran has
taken several more United States citizens hostage.
(14) On August 22, 2016, the Department of State issued an
``Iran Travel Warning'' noting that ``Iranian authorities
continue to unjustly detain and imprison U.S. citizens,
particularly Iranian-Americans, including students,
journalists, business travelers, and academics, on charges
including espionage and posing a threat to national
security.''.
(15) The Government of the United States has designated
Iran as a state sponsor of terrorism since 1984 and a
jurisdiction of primary money laundering concern since 2011.
(16) The Department of State's most recent Country Reports
on Terrorism makes clear that ``Iran continued its terrorist-
related activity in 2015, including support for Hizballah,
Palestinian terrorist groups in Gaza, and various groups in
Iraq and throughout the Middle East.''.
(17) In announcing Iran's designation as a jurisdiction of
primary money laundering concern, the Department of the
Treasury made clear that ``any and every financial
transaction with Iran poses grave risk of supporting'' Iran's
ongoing illicit activities, including terrorism.
(18) On March 17, 2016, the Department of State
acknowledged in a letter to Congress that there remain some
``large claims'' pending before the Iran-United States Claims
Tribunal, ``many of which are against the United States''.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States Government not
to pay ransom or release prisoners for the purpose of
securing the release of United States citizens taken hostage
abroad.
SEC. 4. PROHIBITION ON CASH PAYMENTS TO THE GOVERNMENT OF
IRAN.
(a) Prohibition.--Notwithstanding any other provision of
law, beginning on the date of the enactment of this Act, the
United States Government may not provide, directly or
indirectly, promissory notes (including currency) issued by
the United States Government or promissory notes (including
currency) issued by a foreign government, to the Government
of Iran.
(b) Licensing Requirement.--
(1) In general.--Beginning on the date of the enactment of
this Act, the conduct of a transaction or payment in
connection with an agreement to settle a claim or claims
brought before the Iran-United States Claims Tribunal may be
made only--
(A) on a case-by-case basis and pursuant to a specific
license by the Office of Foreign Assets Control of the
Department of the Treasury; and
(B) in a manner that is not in contravention of the
prohibition in subsection (a).
(2) Publication in federal register.--The President shall
publish in the Federal Register a list of transactions and
payments, including the amount and method of each such
transaction and payment, by the United States Government to
the Government of Iran in connection with the agreement
described in paragraph (1).
(c) Termination.--The prohibition in subsection (a) and the
licensing requirement in subsection (b) shall remain in
effect until the date on which the President certifies to the
appropriate congressional committees that--
(1) the President has rescinded a preliminary draft rule or
final rule (as in effect on the day before the date of the
enactment of this Act) that provides for the designation of
Iran as a jurisdiction of primary money laundering concern
pursuant to section 5318A of title 31, United States Code;
and
(2) the Secretary of State has removed Iran from the list
of countries determined to have repeatedly provided support
for acts of international terrorism under section 6(j) of the
Export Administration Act of 1979 (as continued in effect
pursuant to the International Emergency Economic Powers Act),
section 40 of the Arms Export Control Act, section 620A of
the Foreign Assistance Act of 1961, or any other provision of
law.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 5. REPORT ON OUTSTANDING CLAIMS BEFORE THE IRAN-UNITED
STATES CLAIMS TRIBUNAL.
(a) Report.--The President shall submit to the appropriate
congressional committees a report that lists and evaluates
each outstanding claim before the Iran-United States Claims
Tribunal.
(b) Matters To Be Included.--The report required under
subsection (a) shall include the following:
(1) The total value of each outstanding claim.
(2) The current status of each outstanding claim.
(3) The likelihood that each claim will be resolved in the
next 6 months.
(c) Submission to Congress.--The report required under
subsection (a) shall be submitted to the appropriate
congressional committees not later than 30 days after the
date of the enactment of this Act and every 180 days
thereafter for a period not to exceed 3 years.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
SEC. 6. NOTIFICATION AND CERTIFICATION RELATING TO
SETTLEMENTS OF OUTSTANDING CLAIMS BEFORE THE
IRAN-UNITED STATES CLAIMS TRIBUNAL.
(a) Notification.--The President shall notify the
appropriate congressional committees not later than 30 days
prior to conducting a transaction or payment from the
Government of the United States to the Government of Iran in
connection with an agreement to settle a claim or claims
brought before the Iran-United States Claims Tribunal.
(b) Matters To Be Included.--The notification required
under subsection (a) shall include the following:
(1) The total amount of the settlement, including the total
principal and interest, and an explanation of the calculation
of the interest.
(2) A legal analysis of why the settlement was made,
including a detailed description of all claims and counter-
claims covered by the settlement.
(3) A certification by the President that the settlement is
not a ransom for the release of individuals held hostage by
Iran.
(4) An identification of each entity of the Government of
Iran that will receive amounts from the settlement.
(5) A certification that the funds provided to Iran under
the settlement will not be used to provide support to foreign
terrorist organizations, the regime of Bashar al-Assad, or
other destabilizing activities.
(6) Whether an equal amount of Iranian funds are available
and accessible in the United States to satisfy judgments
against Iran by victims of Iranian-sponsored terrorism.
(7) A copy of the settlement agreement.
(8) A description of the disposition of any related claims
that have been subrogated to the United States Government.
(9) A certification that the settlement is in the best
interest of the United States.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
SEC. 7. EXCLUSION OF CERTAIN ACTIVITIES.
Nothing in this Act shall apply to any activities subject
to the reporting requirements of title V of the National
Security Act of 1947.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize any
payment by the Government of the United States to the
Government of Iran.
SEC. 9. DEFINITIONS.
In this Act:
(1) Government of iran.--The term ``Government of Iran''
means--
(A) the state and the Government of Iran, as well as any
political subdivision, agency, or instrumentality thereof;
(B) any entity owned or controlled directly or indirectly
by the foregoing;
(C) any person to the extent that such person is, or has
been, or to the extent that there is reasonable cause to
believe that such person is, or has been, acting or
purporting to act directly or indirectly on behalf of any of
the foregoing; and
(D) any person or entity identified by the Secretary of the
Treasury to be the Government of Iran under part 560 of title
31, Code of Federal Regulations.
(2) Iran-united states claims tribunal.--The term ``Iran-
United States Claims Tribunal'' means the tribunal
established pursuant to the Algiers Accords on January 19,
1981, to resolve certain claims by nationals of one party
against the other party and certain claims between the
parties.
The CHAIR. No amendment to that amendment in the nature of a
substitute shall be in order except those printed in House Report 114-
781. Each such amendment may be offered only in the order printed in
the report, by a Member designated in the report, shall be considered
as read, shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an opponent, shall
not
[[Page 13390]]
be subject to amendment, and shall not be subject to a demand for
division of the question.
Amendment No. 1 Offered by Mr. Royce
The CHAIR. It is now in order to consider amendment No. 1 printed in
House Report 114-781.
Mr. ROYCE. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 5, strike line 11 and all that follows through line 17
and insert the following:
(a) Prohibition.--
(1) In general.--Notwithstanding any other provision of
law, beginning on the date of the enactment of this Act, the
United States Government may not provide, directly or
indirectly, to the Government of Iran--
(A) monetary instruments; or
(B) precious metals.
(2) Definitions.--In this subsection--
(A) the term ``monetary instruments'' has the meaning given
the term in paragraph (dd) of section 1010.100 of title 31,
Code of Federal Regulations; and
(B) the term ``precious metal'' has the meaning given the
term in section 1027.100(d) of title 31, Code of Federal
Regulations.
Page 6, after line 11, insert the following:
(c) Rule of Construction.--The term ``agreement to settle a
claim or claims brought before the Iran-United States Claims
Tribunal'', as used in subsection (b), shall not be construed
to mean a ``promissory note'', as used in the definition of
``monetary instrument'' for purposes of subsection (a).
Page 6, line 12, strike ``(c)'' and insert ``(d)''.
Page 7, line 6, strike ``(d)'' and insert ``(e)''.
The CHAIR. Pursuant to House Resolution 879, the gentleman from
California (Mr. Royce) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. ROYCE. Mr. Chairman, last week, when the Foreign Affairs
Committee met to consider this legislation, the ranking member
expressed concerns that the bill, as introduced, was too broad in our
attempt to end payments to Iran in cash and cash-like equivalent. So I
committed to sharpening this language as the process moves forward.
The amendment before us makes good on that commitment, using the more
precise term ``monetary instrument,'' which has a much more specific
definition in U.S. law, while also adding precious metals, a real
concern among those who closely follow Iran.
So that is the nature of the amendment before us.
Mr. Chair, I reserve the balance of my time.
{time} 1900
Mr. ENGEL. Mr. Chairman, I claim the time in opposition to the
amendment.
The CHAIR. The gentleman from New York is recognized for 5 minutes.
Mr. ENGEL. Mr. Chairman, let me, first of all, say I appreciate
Chairman Royce's consideration of my feedback during the markup, and I
know he is well-intentioned with this measure.
As he mentioned, I believe that the underlying legislation was too
broad. It could have been interpreted as a ban on any payment,
including wire transfers, checks, or cash. This does improve the bill.
I don't like sending money to Iran, but if we ban any payments to
Iran, we would be violating our obligations under the Algiers Accords.
So, the specific changes in this bill narrow the banned payments to
cash and precious metals.
To me, cash is a red herring. No matter how we pay money to Iran,
whether cash or wire transfer, once the money gets to an Iranian bank
account, it is impossible for us to track it. We can imagine how
Iranians use it, but we can't know for certain.
Whether cash or wire transfer, we can't prevent them from doing the
terrible things they do. So let's not talk about the form of the
payment when I think our real concern is that we don't like what Iran
does with money that it legally obtains.
Additionally, my understanding is that the settlement in question
required an immediate payment. So as much as it might be
counterintuitive, electronic wire payments to Iran have taken months to
complete, while the cash option met the terms of the settlement.
It is galling. It is nothing we like to do, but, again, we signed an
agreement called the Algiers Accords, and every President, in terms of
giving money back to Iran, which was legally their money, has used the
rules of the Accords. President Obama is not the first President to do
that. As I pointed out before, both President Reagan and President
George H.W. Bush did it as well.
It takes a long time to make a wire transfer to Iran because U.S.
sanctions against Iran are so powerful and so comprehensive that there
are virtually no banking relationships between the United States and
Iran. Therefore, a wire transfer was not an option; it would have taken
too long. So in order to abide by the settlement, the U.S. Government
had to make an immediate payment.
So, Mr. Chairman, that is the reason I will have to oppose this
amendment, even though I appreciate that the chairman is seeking to
clarify the bill and make it better.
I reserve the balance of my time.
Mr. ROYCE. Mr. Chairman, I would just make the following points. We
did have another way to transfer any agreed-upon settlement without
transferring pallets of cash, and we know that because the
administration had made other transfers to Iran.
So this bill does not withdraw the U.S. from the Claims Tribunal or
Algiers Accords. It doesn't impact that. Nor does it effectively
prevent the United States from paying out awards rendered by the
tribunal.
As I have indicated, we simply, with this bill, prohibit cash from
being used as a payment method. If the United States has to pay Iran a
tribunal award in the future, the payment should be processed through
the formal financial system as the other payments to Iran have been,
and that is how the Hague Tribunal payments have been handled for 35
years, and that is how it should work in the future.
But our sanctions system was designed with tribunal payments in mind.
The Iran transaction sanctions regime contains a number of exemptions
from the rules so that certain transactions can go forward, and, in
this case, transactions for tribunal settlements are explicitly
authorized and would shield any entity involved in such a transaction
from liability under U.S. law.
So going back to the original argument, we are trying to perfect the
bill. But at the end of the day, we can't collapse the effort because
we have now had three planeloads full of cash, with pallets of cash
transferred to the regime, and we can bet Iran will angle for more.
Just last night, the Iranian President asserted that considerable
sums of money are under discussion to be returned in Iran. This can't
happen again. This cannot happen by another pallets-of-cash shipment to
the Iranian regime or the IRGC, so this amendment is important.
Mr. Chairman, I yield back the balance of my time.
Mr. ENGEL. Mr. Chairman, I yield myself such time as I may consume.
Let me respond just to some of the things that we have heard from
some of our colleagues.
This was not a ransom payment. This was payment for a 30-year-old
claim over a weapons shipment that was never delivered, and the United
States actually got a pretty good deal in the settlement. We might have
had to pay more interest if we hadn't settled and the claim had gone to
judgment at the Iran-U.S. Claims Tribunal.
When the prisoners' plane was sitting on the tarmac, the
administration, as I mentioned before, held up the settlement money.
They couldn't find the mother and wife of one of the prisoners, Jason
Rezaian from The Washington Post. Administration officials feared that,
as Mr. Rezaian was being released, the Iranians were detaining his
family, and this was unacceptable. The administration leveraged the
settlement money, holding it up until Mr. Rezaian's family could be
found and the prisoners could leave the country.
Leveraging the money, money that belonged to Iran in the first place
and
[[Page 13391]]
was going to be paid to Iran under the Algiers Accords, was smart. Can
you imagine if the administration had paid the settlement anyway, even
if the prisoner release was stalled? That didn't happen.
Some people are saying that the administration made payments to Iran
via wire transfer before and after the ransom, so why did the ransom
have to be cash? Well, the payments that were made via wire transfer
before and after the settlement payments were months in the making. It
takes a long time to make a wire transfer to Iran because U.S.
sanctions against Iran are so powerful and so comprehensive, as I
mentioned before, that there are virtually no banking relationships
between the U.S. and Iran. It takes a long time to wire money to Iran.
But the requirement of the settlement was that the payment had to be
immediate; therefore, a wire transfer, instead of cash, was not an
option. It would have taken too long.
Let me say this. I said it before and I will say it again. Money is
fungible. Whether cash, wire transfers, checks, gold, or any other form
of payment, once it gets to Iran, we have no way of tracking it. So I
believe this debate about cash is beside the point. Money can be moved,
be used for nefarious purposes once it gets to Iran, no matter what the
method.
But when we are going to make a payment to Iran pursuant to a
settlement or a judgment, Congress should know about it, and I am
offended that we didn't know about it. And that is why, when I
introduce my amendment a little bit later on, we are going to require
that Congress be informed of any kinds of transfer, not only to Iran,
but to any other rogue nation, at least 5 days before.
So we should have greater oversight of these payments. I agree with
that. But I don't think that we should worry about whether it was cash
or some other method.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from California (Mr. Royce).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Pompeo
The CHAIR. It is now in order to consider amendment No. 2 printed in
House Report 114-781.
Mr. POMPEO. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 11, after line 21, add the following:
SEC. 10. PROHIBITION ON UNITED STATES GOVERNMENT PAYMENT OF
RANSOM.
(a) In General.--Except as provided by subsection (b), the
President and all officers of the United States Government
shall not make a payment to a government or person for the
purpose of securing the release of unjustly detained
individuals who are nationals of the United States or aliens
who are lawfully admitted for permanent residence in the
United States.
(b) Exception.--The prohibition under subsection (a) does
not prohibit the United States Government from providing
assistance to individuals who are nationals of the United
States or aliens who are lawfully admitted for permanent
residence in the United States that have been arrested.
(c) Enforcement.--The Secretary of the Treasury, in
consultation with the Secretary of State and the Attorney
General, may take such actions, including the promulgation of
such rules and regulations, as may be necessary to carry out
the purposes of this section.
(d) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a corporation,
business association, partnership, trust, society, or any
other entity.
(2) Person.--The term ``person'' means an individual or
entity.
The CHAIR. Pursuant to House Resolution 879, the gentleman from
Kansas (Mr. Pompeo) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Kansas.
Mr. POMPEO. Mr. Chairman, my amendment, in short, prohibits ransom
payments to any country. Although the American people consider this to
be U.S. policy, given the administration's recent actions, we have to
make this prohibition explicit. This amendment will support and
strengthen the good work of Chairman Royce on H.R. 5931.
Think about this timeline. The U.S. wires $400 million in cash from
the Swiss National Bank and then physically transports it to another
city to hand off to Iranian officials, all in 3 days, 3 days before
Iran releases four American hostages. But it gets worse. Less than a
week after this, the U.S. again sends hoards of cash to Iran.
We only know this timeline thanks to multiple and persistent
inquiries from myself and other Members of Congress. And yet there are
so many details that we still don't know.
For instance, on April 5, 2016, White House Spokesman Josh Earnest,
in response to a reporter's question on whether the Obama
administration misled Congress about the Iran deal, stated: ``I don't
think there is any evidence to substantiate this claim . . . I think
you should take a rather dim view of that suggestion because
Congressman Pompeo . . . didn't approve this deal and he certainly
didn't favor it.''
But of course my personal view of the JCPOA is irrelevant if the
administration stonewalls Congress. The State Department has admitted
that its payment of millions of dollars in pallets of cash to the
Iranians would not have been made without the release of American
hostages. The administration's selective noun use does not excuse
criminality, nor does it explain away months of lying to the American
people.
Mr. Chairman, ransom payments put a price on the head of every
American. This bill prohibits the United States Government from making
a payment to secure the release of unjustly detained U.S. nationals or
lawful residents.
I reserve the balance of my time.
Mr. ENGEL. Mr. Chairman, I rise in opposition to the amendment.
The CHAIR. The gentleman from New York is recognized for 5 minutes.
Mr. ENGEL. Let me say, first of all, on the face of it, the amendment
makes sense. It is already U.S. policy not to pay ransom.
On June 24, 2015, President Obama issued a directive:
It is the United States' policy to deny hostage-takers the
benefits of ransom, prisoner releases, policy changes, or
other acts of concession.
Codifying this policy though, without giving the President any
flexibility, is not what we should be doing. There is no waiver in this
bill. Things like this usually have waivers so the President--any
President, this President and future Presidents--would have
flexibility.
But again, this whole issue, I believe, is a red herring. The United
States did not pay ransom for the four Americans detained in Iran. We
were paying Iran back its own money, money it had given us to buy
weapons before the Iranian Revolution.
I have never heard of paying a ransom using the captor's own money.
It is galling, but it is not a ransom. Every mention of ransom is an
attempt to politicize this issue and criticize the President, and that
is not what we should be doing here. We should be putting our heads
together and finding a solution.
These issues are too important to get caught in partisan fights. It
is not how we do things on the Foreign Affairs Committee.
I reserve the balance of my time.
Mr. POMPEO. Mr. Chairman, I yield 2 minutes to the gentleman from New
York (Mr. Zeldin).
Mr. ZELDIN. Mr. Chairman, I thank the distinguished gentleman from
Kansas for offering this amendment to a very important underlying bill
from the chairman of the House Foreign Affairs Committee, Ed Royce.
It is really important to point out, as a matter of policy and what,
unfortunately, is very necessary for this Congress to take action on,
to make it very clear that we don't pay ransom.
Now, with regard to the $1.7 billion that has been paid to Iran to
secure the release of the four Iranian hostages, other terms have been
used. The one most often used lately is called ``leverage.''
The fact is, if the money did not arrive immediately, the hostages
wouldn't have been released. No money, no hostage release.
Why are we debating as if this wasn't a ransom? If the money didn't
show up,
[[Page 13392]]
$400 million in cash, the hostages wouldn't have been released.
Why do we not put a price on securing the release, a financial price?
It is because now more Americans are being unjustly imprisoned by Iran.
Mr. Shahini, from California, in Iran visiting his mother, is being
held, accused of ``cooperating with hostile governments, actions
against national security, and communication with antirevolutionary
agents and media.'' This is an American visiting his mom in Iran.
And why do we not pay ransom? Why we do not give money to secure the
release of American hostages is that now more Americans have been taken
hostage.
{time} 1915
Mr. POMPEO. Mr. Chairman, I am prepared to close.
Mr. Chairman, this is an important amendment. We need to codify what
we have known for years has been American policy under Democrat
Presidents and Republican Presidents that we simply won't pay ransom to
get Americans back. It is enormously important to our country.
I urge my colleagues to support this amendment and the underlying
bill.
Mr. Chairman, I yield back the balance of my time.
Mr. ENGEL. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me say, first of all, that the Iranian regime is a
bad regime. They hold American prisoners before we paid them the money,
and they will hold prisoners after. It has no basis whatsoever. It is
easy to put out the word ``ransom,'' but this was not a ransom.
It is a reprehensible regime. They do reprehensible things. The
United States fulfills its obligations. Again, the Algiers Accords, by
the logic that this should not have been done, then when George H.W.
Bush did it, it shouldn't have been done; when Ronald Reagan did it, it
shouldn't have been done. They did it because we maintain our
obligations in the United States.
So any of us can get up and give a litany of things we don't like
about the Iranian Government. Believe me, I take second to none when it
comes to that. But the United States needs to fulfill its obligations,
and the Iranian regime needs to be checked. But it is not a ransom, and
that is just the problem.
By calling it a ransom, by calling names, by trying to poke a finger
in front of the eyes of the administration, we don't get to the real
issue. The real issue, which I hope we will get to later, is, again, to
give Congress notice before this happens. That is the issue. To just
say ransom and throw that word out, anybody can do that; but this
wasn't a ransom.
We are fulfilling our obligations under the accords that we signed
that each American President facing the same type of thing has sent
money to Iran because we fulfill our obligations. It doesn't matter
from which party the President comes. President Obama did nothing more
than other Presidents have done before him.
I oppose the amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Kansas (Mr. Pompeo).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Pompeo
The CHAIR. It is now in order to consider amendment No. 3 printed in
House Report 114-781.
Mr. POMPEO. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 11, after line 21, add the following:
SEC. 10. SANCTIONS WITH RESPECT TO IRANIAN PERSONS THAT HOLD
OR DETAIN UNITED STATES NATIONALS OR ALIENS
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE.
(a) Imposition of Sanctions.--Not later than 60 days after
the date of the enactment of this Act, the President shall
impose the sanctions described in subsection (b) with respect
to--
(1) any Iranian person involved in the kidnapping or unjust
detention on or after March 9, 2007, of any individual who is
a national of the United States or an alien who is lawfully
admitted for permanent residence in the United States;
(2) any Iranian person that engages, or attempts to engage,
in an activity or transaction that materially contributes to,
or poses a risk of materially contributing to, kidnapping or
unjust detention described in paragraph (1); and
(3) any Iranian person that--
(A) is owned or controlled by a person described in
paragraph (1) or (2);
(B) is acting for or on behalf of such a person; or
(C) provides, or attempts to provide--
(i) financial, material, technological, or other support to
a person described in paragraph (1) or (2); or
(ii) goods or services in support of an activity or
transaction described in paragraph (1) or (2).
(b) Sanctions Described.--The President shall block, in
accordance with the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), all transactions in all
property and interests in property of any person subject to
subsection (a) if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(c) Exception; Penalties.--
(1) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of subsection (b).
(2) Exception relating to importation of goods.--The
requirement to block and prohibit all transactions in all
property and interests in property under subsection (b) shall
not include the authority to impose sanctions on the
importation of goods.
(3) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under subsection
(b) to the same extent that such penalties apply to a person
that commits an unlawful act described in subsection (a) of
such section 206.
(d) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a corporation,
business association, partnership, trust, society, or any
other entity.
(2) Iranian person.--The term ``Iranian person'' means--
(A) an individual who is a citizen or national of the
Islamic Republic of Iran; or
(B) an entity organized under the laws of the Islamic
Republic of Iran or otherwise subject to the jurisdiction of
the Government of the Islamic Republic of Iran.
(3) Person.--The term ``person'' means an individual or
entity.
(4) United states person.--The term ``United States
person'' means--
(A) an individual who is a national of the United States or
an alien who is lawfully admitted for permanent residence in
the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
The CHAIR. Pursuant to House Resolution 879, the gentleman from
Kansas (Mr. Pompeo) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Kansas.
Modification to Amendment No. 3 Offered by Mr. Pompeo
Mr. POMPEO. Mr. Chairman, I ask unanimous consent that amendment No.
3 printed in House Report 114-781 be modified in the form I have placed
at the desk.
The CHAIR. The Clerk will report the modification.
The Clerk read as follows:
Page 11, after line 21, add the following:
SEC. 10. SANCTIONS WITH RESPECT TO IRANIAN PERSONS THAT HOLD
OR DETAIN UNITED STATES NATIONALS OR ALIENS
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE.
(a) Imposition of Sanctions.--Not later than 60 days after
the date of the enactment of this Act, the President shall
impose the sanctions described in subsection (b) with respect
to--
(1) any Iranian person involved in the kidnapping or unjust
detention of any individual who is a national of the United
States or an alien who is lawfully admitted for permanent
residence in the United States;
(2) any Iranian person that engages, or attempts to engage,
in an activity or transaction that materially contributes to,
or poses a risk of materially contributing to, kidnapping or
unjust detention described in paragraph (1); and
(3) any Iranian person that--
(A) is owned or controlled by a person described in
paragraph (1) or (2);
(B) is acting for or on behalf of such a person; or
(C) provides, or attempts to provide--
(i) financial, material, technological, or other support to
a person described in paragraph (1) or (2); or
[[Page 13393]]
(ii) goods or services in support of an activity or
transaction described in paragraph (1) or (2).
(b) Sanctions Described.--The President shall block, in
accordance with the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), all transactions in all
property and interests in property of any person subject to
subsection (a) if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(c) Exception; Penalties.--
(1) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of subsection (b).
(2) Exception relating to importation of goods.--The
requirement to block and prohibit all transactions in all
property and interests in property under subsection (b) shall
not include the authority to impose sanctions on the
importation of goods.
(3) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under subsection
(b) to the same extent that such penalties apply to a person
that commits an unlawful act described in subsection (a) of
such section 206.
(d) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a corporation,
business association, partnership, trust, society, or any
other entity.
(2) Iranian person.--The term ``Iranian person'' means--
(A) an individual who is a citizen or national of the
Islamic Republic of Iran; or
(B) an entity organized under the laws of the Islamic
Republic of Iran or otherwise subject to the jurisdiction of
the Government of the Islamic Republic of Iran.
(3) Person.--The term ``person'' means an individual or
entity.
(4) United states person.--The term ``United States
person'' means--
(A) an individual who is a national of the United States or
an alien who is lawfully admitted for permanent residence in
the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
Mr. POMPEO (during the reading). Mr. Chairman, I ask unanimous
consent to dispense with the reading.
The CHAIR. Is there objection to the request of the gentleman from
Kansas?
There was no objection.
The CHAIR. Is there objection to the original request of the
gentleman from Kansas?
There was no objection.
The CHAIR. The amendment is modified.
Mr. POMPEO. Mr. Chairman, the amendment that I have offered today
places comprehensive sanctions on individuals who hold Americans
hostage. This amendment will support and strengthen the good work of
Chairman Royce on H.R. 5931.
This week marks 1 year the Iranian Government has been holding
hostage Nizar Zakka, a U.S. legal permanent resident and international
Internet development expert. Mr. Zakka, this week, was sentenced to 10
years in prison and millions of dollars in fines. His only crime was to
bring greater Internet access to the women of Iran. He joins two other
Americans held hostage and one who is missing.
Mr. Chairman, I yield back the balance of my time.
Mr. ENGEL. Mr. Chairman, I rise in opposition to the amendment.
The CHAIR. The gentleman from New York is recognized for 5 minutes.
Mr. ENGEL. Mr. Chairman, I do appreciate the sentiment behind what
the gentleman is seeking to do. Of course we want to punish anyone who
is unjustly holding American citizens behind bars, but there are so
many potential unintended consequences in this amendment, I simply
don't know where to start.
First, the amendment requires sanctions against any Iranian who
unjustly detains a U.S. citizen. But the term ``unjustly detained'' is
not defined.
So who defines it? Does the White House? The Congress? Iran? It is
very difficult.
Secondly, as anyone who has worked on sanctions policy knows--and we
work on sanctions a lot on the Foreign Affairs Committee--it is
typically not the use of sanctions that encourages the change in
behavior; it is the threat of sanctions that encourages the change in
behavior. That means that the Iranians have to believe that we will
implement sanctions against them, but the President has to be given
flexibility to use it or suspend it if they do change their behavior.
This is impossible under this amendment. The President has no
flexibility, no waiver, no termination authority, none of the typical
details that compels regimes to change their behavior.
So let me say, because of that, I encourage all Members to oppose
this amendment.
Mr. Chairman, I yield the balance of my time to the gentleman from
Florida (Mr. Deutch), our colleague and the ranking member of the
Middle East and North Africa Subcommittee.
Mr. DEUTCH. Mr. Chairman, I thank the chairman, and I thank my
friend, the ranking member.
I have to oppose the amendment of my friend from Kansas. I oppose the
amendment not because of what my friend is trying to accomplish, but
because of the way that we are trying to do it.
I proudly represent Bob Levinson, who went missing on March 9, 2007.
He is the longest held American in history. We have worked tirelessly
in this House--working with my friend, the sponsor of this amendment;
Mr. Royce, the chairman of the committee; and Mr. Engel, the ranking
member, we have worked in a strong, bipartisan way, all of us together,
to bring Bob home.
By amending this legislation--which I explained last week in our
committee hearing why I opposed, just as the ranking member did today,
because of the risks that the underlying bill causes in violating our
legal obligations under the Algiers Accords that has yielded over $2.5
billion for American claimants and prohibiting settlement of claims
until certification, that requirement that could prevent the U.S. from
reaching settlement. This is a piece of legislation that we oppose. The
goal is to continue to ensure that everything we do in focusing on
bringing Bob home is done in a way that can pass with overwhelming
support.
So, unfortunately, I have to oppose my good friend's amendment. But I
want to thank him for the effort of focusing attention, again, on
American citizens who continue to be held in Iran.
Eight months ago we were told when Amir Hekmati, Saeed Abedini, and
Jason Rezaian finally were able to return home to their families and
that the Iranians agreed to continue cooperating with the United States
to determine the whereabouts of Robert Levinson. It is 8 months later,
and Bob Levinson is not home with his family in Coral Springs, Florida.
I look forward to working with my friend from Kansas and I look
forward to working with every Member of this House and all of us in
this country who understand that as long as there are Americans being
held and as long as Bob Levinson, the longest held American in history,
continues to be missing in Iran that this House of Representatives will
not rest, and that we will continue to pay attention and work together
to find ways to maximize our efforts to bring him home through whatever
pressure is necessary. It is intolerable that we have to come to the
floor over and over and over again as this poor family continues to
wait for the return of their father and grandfather.
I thank my friend for helping to raise this issue. I, unfortunately,
have to oppose the amendment for the reasons that I have stated. But I
look forward to working together with my friend from Kansas, Democrats,
Republicans, and all of the people of goodwill in this House and in
this country until we bring him home.
Mr. ENGEL. Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment, as modified, offered by
the gentleman from Kansas (Mr. Pompeo).
The amendment, as modified, was agreed to.
Amendment No. 4 Offered by Mr. Duffy
The CHAIR. It is now in order to consider amendment No. 4 printed in
House Report 114-781.
Mr. DUFFY. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
[[Page 13394]]
The text of the amendment is as follows:
Page 11, after line 21, add the following:
SEC. 10. PROHIBITION ON CASH PAYMENTS TO STATE SPONSORS OF
TERRORISM.
(a) Prohibition.--
(1) In general.--Notwithstanding any other provision of
law, beginning on the date of the enactment of this Act, the
United States Government may not provide, directly or
indirectly, to a government of a state sponsor of terrorism,
or an agent acting on behalf of such a government--
(A) monetary instruments; or
(B) precious metals.
(2) Definitions.--In this subsection--
(A) the term ``monetary instruments'' has the meaning given
the term in paragraph (dd) of section 1010.100 of title 31,
Code of Federal Regulations; and
(B) the term ``precious metal'' has the meaning given the
term in section 1027.100(d) of title 31, Code of Federal
Regulations.
(b) Application to North Korea.--
(1) In general.--Subsection (a) shall apply with respect to
a payment, or an agreement to make a payment, to an agency or
instrumentality of the Government of the Democratic Peoples'
Republic of Korea, or an agent acting on behalf of such
Government, in the same manner and to the same extent as such
subsection applies with respect to a payment, or an agreement
to make a payment, to an agency or instrumentality of a state
sponsor of terrorism, subject to the termination provisions
described in paragraph (2).
(2) Termination.--Subsection (a) shall cease to apply with
respect to a payment, or an agreement to make a payment, to
an agency or instrumentality of the Government of the
Democratic Peoples' Republic of Korea, or an agent acting on
behalf of such Government, beginning on the date on which the
President makes the certification to Congress under section
402 of the North Korea Sanctions and Policy Enhancement Act
of 2016 (Public Law 114-122; 22 U.S.C. 92512).
(c) State Sponsor of Terrorism Defined.--In this section,
the term ``state sponsor of terrorism'' means a country the
government of which the Secretary of State has determined,
for purposes of section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (as
continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)), section
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2371(a)), section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)), or any other provision of law, to be a
government that has repeatedly provided support for acts of
international terrorism.
The CHAIR. Pursuant to House Resolution 879, the gentleman from
Wisconsin (Mr. Duffy) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. DUFFY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I want to take a moment and thank Chairman Royce for
all of his work on this commonsense bill.
But I have to say I am a little bit shocked that Chairman Royce has
to put so much work into this kind of a bill to prohibit cash payments
to Iran, the lead sponsor of terrorism in the world. Shame on us for
being in a situation where we need legislation to stop cash payments to
a state sponsor of terror.
Have we so soon forgotten what happened on 9/11? Have we so soon
forgotten Iran's role in 9/11 15 years ago?
Just recently, former U.S. Senator and Democratic Party vice
presidential nominee Joe Lieberman quoted the 9/11 Commission saying
that there is strong evidence that Iran facilitated the transit of al
Qaeda members into and out of Afghanistan before 9/11 and that some of
these were future 9/11 hijackers.
Iran supports international terror. They have been designated a state
sponsor of terror since 1984.
We know that the currency of terror is what?
It is cash. They use cash to fund terrorism.
So instead of saying, Do you know what, we are going to make
payments--if payments have to be made--by wire transfer to some Iranian
bank in Europe where those payments can be traced, we say, No, no, no;
we have been so successful in cutting them off from the financial
world, we want to make these payments in cash to them.
It is illegal right now for us to actually load up a plane full of
cash and send it from the U.S. to Iran. So the recent transaction that
happened to get around that rule, the administration--President Obama
and Jack Lew--said: We are going to wire the money. We are going to
actually wire the money. We are going to wire it to a European bank and
instruct them to convert it to cash and send it to Iran.
Shame on the American administration and shame on this House for not
stopping it.
I have an amendment that says not just Iran, but all state sponsors
of terror; and we should also include North Korea to be included on the
list of folks that we are unwilling to send cash payments to.
This is just commonsense American policy that we have had in place
for a long time that now is being rolled back by this administration.
We have had so many people on both sides of the aisle who understand
the threat of terror and the threat of cash in terrorists' hands that
we have all stood together. We now see a division in this House to not
support that very commonsense effort, which is an effort to support the
American citizens and their safety. I think this is a sad day for this
institution.
Mr. Chairman, I reserve the balance of my time.
{time} 1930
Mr. ENGEL. Mr. Chairman, I claim the time in opposition to the
amendment.
The CHAIR. The gentleman from New York is recognized for 5 minutes.
Mr. ENGEL. Mr. Chairman, first of all, I think everybody knows I am
from New York, and, frankly, I don't need anyone lecturing me about 9/
11. That is a pain in my heart that I will live with for the rest of my
life. So I think that any reference to 9/11 from this bill is just
totally off base.
Again, Mr. Chairman, I don't like the idea of shipping payments to
Iran or any government hostile to the United States, but we have to
abide by our obligations whether we like it or not. We also don't want
to tie our hands, which is what this amendment would do.
This measure would impose a permanent and blanket prohibition on most
forms of money transfers, not just cash, whether made directly or
indirectly through third parties. It would preempt all existing
provisions of law.
We have no idea what sort of consequences could come with something
like this. We may face diplomatic or strategic opportunities that would
require quick action. But this provision is all-encompassing,
regardless of circumstance. And, again, there is no waiver for
unforeseen situations. There are always waivers for the President in
bills like this because the President can best decide what unforeseen
situations there are. And, again, it is any President from any party.
So I think this amendment would take us down a wrong path. I am going
to oppose it, and I urge all Members to do the same.
I yield back the balance of my time.
Mr. DUFFY. Mr. Chairman, I would just note that the chairman's bill
and my amendment don't prohibit cash payments to a lot of countries
around the world. It restricts cash payments to only a few countries
around the world and those countries that are American designated
states that sponsor terrorism.
I don't mean to lecture anybody about 9/11. I didn't live in New
York, I am not from New York, but I watched what happened in New York.
And I think it is important that we not forget what happened, who was
responsible, and that we don't lose our focus today for partisan
reasons on who those bad actors are, and that we remain vigilant in our
effort to push back and fight back against state sponsors of terror.
And part of that fight is the fight against allowing them cash.
On the Financial Services Committee--I know Mr. Royce works on this
aggressively--we can use the global financial system to shut them out,
and we have been successful at that. But if you open up the global
financial system and you pour cash and gold into Iran that can be used
to sponsor terror, to buy technology in regard to missiles, or to
advance your nuclear program, that has a direct impact on all
Americans, our security, and our safety.
I think it is incumbent upon this House to look out first for our
constituents and our countrymen, which
[[Page 13395]]
means let's prohibit cash payments, not any payment. You can make a
wire transfer that you can actually trace. But let's not send cash
payments that are untraceable to State sponsors of terror.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Wisconsin (Mr. Duffy).
The amendment was agreed to.
Amendment No. 5 Offered by Mr. Engel
The CHAIR. It is now in order to consider amendment No. 5 printed in
House Report 114-781.
Mr. ENGEL. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike the text of the committee print and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restrictions on Payments to
State Sponsors of Terrorism Act''.
SEC. 2. RESTRICTIONS ON PAYMENTS TO STATE SPONSORS OF
TERRORISM.
(a) In General.--No agency or instrumentality of the United
States Government may make a payment, or enter into an
agreement to make a payment, to an agency or instrumentality
of a government of a state sponsor of terrorism, or an agent
acting on behalf of such a government, in settlement of a
claim or judgment against the United States, unless, not less
than 5 days prior to making such payment or entering into
such agreement, the President submits to the appropriate
committees of Congress in writing--
(1) a notification of the proposed payment or agreement;
and
(2) the text of the claim or judgment with respect to which
such payment or agreement relates.
(b) Application to North Korea.--
(1) In general.--Subsections (a) and (c) shall apply with
respect to a payment, or an agreement to make a payment, to
an agency or instrumentality of the Government of the
Democratic Peoples' Republic of Korea, or an agent acting on
behalf of such Government, in the same manner and to the same
extent as such subsections apply with respect to a payment,
or an agreement to make a payment, to an agency or
instrumentality of a state sponsor of terrorism, subject to
the termination provisions described in paragraph (2).
(2) Termination.--Subsections (a) and (c) shall cease to
apply with respect to a payment, or an agreement to make a
payment, to an agency or instrumentality of the Government of
the Democratic Peoples' Republic of Korea, or an agent acting
on behalf of such Government, beginning on the date on which
the President makes the certification to Congress under
section 402 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C.
92512).
(c) Publication in the Federal Register.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall publish in the Federal Register a list of
payments, and agreements to make payments, to agencies and
instrumentalities of governments of a state sponsors of
terrorism as described in subsection (a) that were made or
entered into during the prior 180-day period.
(2) Contents.--The list of payments, and agreements to make
payments, required to be published in the Federal Register
under paragraph (1) shall, with respect to each such payment
or agreement, include the following:
(A) The amount of the payment or agreement.
(B) The agency or instrumentality of the United States
Government that made the payment or entered into the
agreement.
(C) The reason or reasons for the payment or agreement.
SEC. 3. REPORT ON OUTSTANDING CLAIMS BEFORE THE IRAN-UNITED
STATES CLAIMS TRIBUNAL.
(a) Report.--The President shall submit to the appropriate
committees of Congress a report that describes each claim
pending before the Iran-United States Claims Tribunal as of
the date of enactment of this Act.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the amount (if an amount is
specified) and the status before the Iran-United States
Claims Tribunal of each claim described in subsection (a).
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex if necessary.
(d) Deadline.--The report required under subsection (a)
shall be submitted to the appropriate committees of Congress
not later than 90 days after the date of the enactment of
this Act and annually thereafter until the disposition of all
claims pending before the Iran-United States Claims Tribunal.
SEC. 4. EXCLUSION OF CERTAIN ACTIVITIES.
Nothing in this Act shall apply to any activities subject
to the reporting requirements of title V of the National
Security Act of 1947.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize any
payment by the Government of the United States to a state
sponsor of terrorism or North Korea.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Committee on Financial Services of the
House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
the Judiciary, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(2) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined, for purposes of section
6(j)(1)(A) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)(A)) (as continued in effect pursuant
to the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)), section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a)), section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)), or any other provision of
law, to be a government that has repeatedly provided support
for acts of international terrorism.
The CHAIR. Pursuant to House Resolution 879, the gentleman from New
York (Mr. Engel) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. ENGEL. Mr. Chairman, I am offering this amendment because I do
think there is a lot of common ground when it comes to this issue.
My concern is that the administration really did not give Congress
its due with respect to this payment. We were told about the payment
but not notified about how this transition would take place, and that
is just not right, especially when it is somewhat unusual.
My amendment would require the administration, and future
administrations, to notify Congress at least 5 days in advance of any
settlement agreement or payment to Iran, to other countries on the
state sponsors of terrorism list, and to North Korea, and it provides
appropriate oversight on the claims that are remaining at the tribunal.
It is straightforward, and it ensures that Congress' role in foreign
policymaking is not overlooked. I don't think anyone here disagrees
with that idea.
My amendment gets to the heart of it. I think it would allow this
bill to sail through the House with strong support on both sides. It
leaves aside the areas that are sure to eventually derail the
underlying measure--talk of ransom again and again, or to focus
exclusively on cash payments. We are not going to agree on these areas.
Putting them front and center guarantees that this bill has no path
forward.
So let's put those issues aside and advance legislation that
addresses all our concerns. That is what we do every day on the Foreign
Affairs Committee. I hope my amendment will help get our committee's
work back on track.
Again, I ask all Members to support the amendment. I don't think
anyone can disagree with the fact that the administration, or future
administrations, give Congress enough time so that we will hear about
payments, we will hear about transactions before they are done, not
while they are done or after they are done.
I ask all Members to support this amendment.
I reserve the balance of my time.
Mr. ROYCE. Mr. Chairman, I rise in opposition to the amendment and
will regretfully oppose the ranking member's substitute.
The CHAIR. The gentleman from California is recognized for 5 minutes.
Mr. ROYCE. Mr. Chairman, I agree with part of the argument that is
being made here by the gentleman from New York (Mr. Engel).
You just heard a common theme between the underlying bill and the
ranking member's substitute, and that is the need for greater
transparency, especially transparency around the Claims Tribunal. That
is a must.
I will go back to the underlying problem. If diplomats were working
overtime on a settlement, why not tell the
[[Page 13396]]
committee of jurisdiction of the possibility? If the goal of this
settlement was merely to put to rest a decade-old dispute over an
abandoned arms sale, as we were told after the fact, then why the
secrecy? The administration has intentionally left us, the committee,
and this Congress in the dark.
Both the underlying bill and the ranking member's substitute requires
the administration to be more transparent with Congress and the
American people about how it engages with the tribunal. If future
settlements are truly a good deal for the American taxpayers, these
requirements should be welcomed, not a burden.
The goal of the underlying legislation is to ensure that a tribunal
that has been in place since 1981, and has operated more or less
successfully, cannot be manipulated, cannot be manipulated by either
the next administration or this administration. So here the two of us
agree.
But I am afraid that this substitute does not address a larger
problem, and that is because this proposal, unlike the underlying bill,
contains no restriction on the way in which Iran could be paid. I was
raising questions about the $1.7 billion payment when it was first
made. Quite frankly, not too many were focused on it until it was
revealed that it was paid in cash.
Let me explain why many of us believe that this is a crucial problem.
It is because checks and wire transfers do leave a paper trail. Cash
does not leave a paper trail. If Iran wires money to its terrorist
proxies, we can see the banks it used, and we can work to cut them out
of the financial system. That is what we are trying to do in isolating
their ability to transfer funds to Hezbollah or Hamas.
Now, when we give Iran cash then Iran can put that cash on a plane or
on the back of a truck, and they can send that cash to Syria, or send
it to Gaza, or to Hamas, or send it to Lebanon, or to Hezbollah. And
that is why cash, the physical bills, are so valuable to Iran. Cash,
not wire transfers, is the currency of terror.
So the bottom line is that because everyone knows that cash is a
conduit for all sorts of illegal behavior, my hope is to carry the day
here with this argument that the underlying bill has got to maintain
this ability to cut off payments in cash to the terrorists in Tehran.
I call them terrorists because that is what the Iranian Revolutionary
Guard Corps is funding, as well as ballistic missile production, and
that is what the Quds Force--and the head of the Quds Force is in
charge of assassinations outside of the country--that is what he is
doing.
They have just toppled a government in Yemen that was an ally to the
United States, they just committed further atrocities in Syria, and
they are bulking up Hezbollah as we speak.
That is why I feel that portion has to remain in the bill, and that
is why I reluctantly oppose this amendment which would remove the
effectiveness of the cutting off of cash.
I reserve the balance of my time.
Mr. ENGEL. Mr. Chairman, let me say that I appreciate my friend,
Chairman Royce's words. We don't agree totally on this, but we do agree
that the Iranian regime is a bad regime and they need to be checked.
And I would hope that after this whole process is done, because this
bill is not going to become law, that we can put our heads together and
come up with something that can become law. The Iranians need to be
checked, and the Congress needs to be informed and needs to be a part
of the process. We are, obviously, an independent branch of government.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Florida (Mr. Deutch).
Mr. DEUTCH. Mr. Chairman, I thank my friend, Mr. Engel.
Mr. Chairman, the goal here tonight, I think, is to both
simultaneously ensure that we don't take any action that would make it
difficult for Americans to bring claims to the Iran-U.S. Claims
Tribunal that would enhance our ability to continue with our legal
obligations under the Algiers Accords but that will also focus on the
very specific problem that we have at hand.
Mr. Engel's substitute amendment, I think, will permit us to do all
of that. It carries over the provision from the underlying bill that
requires reporting to Congress on claims settlements and payments to
Iran, it enhances our ability to be aware of and to have greater
disability of transfer of funds to Iran going forward, and it ensures
that Congress will be able to keep in sharp focus before any of those
transfers happen so that we can then act accordingly.
And I would just remind everyone that we have really done meaningful
work in the House under the leadership of the chairman of the Foreign
Affairs Committee, Mr. Royce, and the ranking member, Mr. Engel. We
have done meaningful work because we have been able to work together to
take on the threats posed by Iran.
It is because of the work, the bipartisan effort, the work that has
been done together that Iran faced unprecedented economic sanctions.
And it is because of the work, again, that has been done in a
bipartisan way that members of Iran's Revolutionary Guard Corps, who
direct the funding of terror and commit egregious human rights
violations, continue to remain sanctioned. And it is because of the
efforts of Chairman Royce and Ranking Member Engel that banks continue
to be weary of dealing with Iran, and Iran is still fully unable to
access the international financial market in U.S. dollars.
So there are plenty of examples of the good work that we have done
together. When we work together on these issues of critical importance,
the country is stronger and safer. I think Mr. Engel's amendment will
provide us the opportunity to go forward in a bipartisan way in a
manner that, again, will help the United States be stronger and safer.
I know that is everyone's goal, both on the Foreign Affairs Committee
and in the House. That is why I support the amendment, and that is why
I urge my colleagues to also support it.
{time} 1945
Mr. ROYCE. Mr. Chairman, regretfully, I will be opposing the
substitute. As Members of the House know, it is unusual for the two of
us to be at odds. In working together, we have a long track record of
success: 14 bills this session, 18 in the last session. Just yesterday,
the House sent to the President's desk bipartisan legislation, which
was authored by me and Ranking Member Engel, to crack down on the
illegal trafficking of wildlife; but here we have a disagreement.
Sending pallets of cash is bad policy. This bill fixes the problem. I
oppose the substitute and urge the passage of the underlying measure.
Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from New York (Mr. Engel).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. ENGEL. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from New York will be postponed.
Mr. ROYCE. Mr. Chair, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Duffy) having assumed the chair, Mr. Russell, Chair of the Committee of
the Whole House on the state of the Union, reported that that
Committee, having had under consideration the bill (H.R. 5931) to
provide for the prohibition on cash payments to the Government of Iran,
and for other purposes, had come to no resolution thereon.
____________________
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 7 o'clock and 47 minutes p.m.), the House stood in
recess.
____________________
{time} 2046
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro
[[Page 13397]]
tempore (Mr. Newhouse) at 8 o'clock and 46 minutes p.m.
____________________
PROHIBITING FUTURE RANSOM PAYMENTS TO IRAN ACT
The SPEAKER pro tempore. Pursuant to House Resolution 879 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 5931.
Will the gentleman from Louisiana (Mr. Abraham) kindly take the
chair.
{time} 2047
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 5931) to provide for the prohibition on cash payments to
the Government of Iran, and for other purposes, with Mr. Abraham
(Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose earlier today,
a request for a recorded vote on amendment No. 5 printed in House
Report 114-781, offered by the gentleman from New York (Mr. Engel) had
been postponed.
Amendment No. 5 Offered by Mr. Engel
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, the unfinished
business is the demand for a recorded vote on the amendment offered by
the gentleman from New York (Mr. Engel) on which further proceedings
were postponed and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 176,
noes 238, not voting 17, as follows:
[Roll No. 553]
AYES--176
Adams
Aguilar
Amash
Ashford
Barton
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doyle, Michael F.
Duckworth
Duncan (TN)
Edwards
Ellison
Engel
Eshoo
Esty
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
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)
Lawrence
Lee
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Massie
Matsui
McCollum
McNerney
Meeks
Meng
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Wilson (FL)
Yarmuth
NOES--238
Abraham
Aderholt
Allen
Amodei
Babin
Barr
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Capps
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davidson
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Doggett
Dold
Donovan
Duffy
Duncan (SC)
Ellmers (NC)
Emmer (MN)
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
McCarthy
McCaul
McClintock
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poliquin
Pompeo
Posey
Price (NC)
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Westmoreland
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOT VOTING--17
Barletta
Carter (GA)
Davis, Rodney
Farr
Fincher
Gutierrez
Lieu, Ted
Moore
Mulvaney
Payne
Pelosi
Poe (TX)
Rush
Sanchez, Loretta
Shuster
Vela
Walters, Mimi
{time} 2111
Messrs. PERRY, SMITH of Missouri, DUNCAN of South Carolina, GUINTA,
CRAMER, Mrs. HARTZLER, Mr. COSTELLO of Pennsylvania, Mrs. McMORRIS
RODGERS, Messrs. YOHO, HUELSKAMP, McDERMOTT, DOGGETT, and PALMER
changed their vote from ``aye'' to ``no.''
Messrs. DANNY K. DAVIS of Illinois, CROWLEY, BARTON, and MASSIE
changed their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, on rollcall No. 553, I was
unavoidably detained. Had I been present, I would have voted ``no.''
The Acting CHAIR. The question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The Acting CHAIR. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Mooney of West Virginia) having assumed the chair, Mr. Abraham, Acting
Chair of the Committee of the Whole House on the state of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 5931) to provide for the prohibition on cash payments to the
Government of Iran, and for other purposes, and, pursuant to House
Resolution 879, he reported the bill back to the House with an
amendment adopted in the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole?
[[Page 13398]]
If not, the question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The SPEAKER pro tempore. 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.
Recorded Vote
Mr. ENGEL. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 5-
minute vote on passage of the bill will be followed by 5-minute votes
on the motion to suspend the rules and pass the bill, H.R. 5037; and
the motion to suspend the rules and pass the bill, H.R. 5798.
The vote was taken by electronic device, and there were--ayes 254,
noes 163, not voting 14, as follows:
[Roll No. 554]
AYES--254
Abraham
Aderholt
Aguilar
Allen
Amash
Amodei
Ashford
Babin
Barr
Barton
Benishek
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Cardenas
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Curbelo (FL)
Davidson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Lipinski
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Maloney, Sean
Marchant
Marino
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peters
Peterson
Pittenger
Pitts
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Ruiz
Russell
Salmon
Sanford
Scalise
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Vargas
Vela
Wagner
Walberg
Walden
Walker
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--163
Adams
Bass
Beatty
Becerra
Bera
Beyer
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Grayson
Green, Al
Green, Gene
Grijalva
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Massie
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Perlmutter
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruppersberger
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Veasey
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--14
Barletta
Carter (GA)
Farr
Fincher
Gutierrez
Lieu, Ted
Moore
Mulvaney
Payne
Pelosi
Poe (TX)
Rush
Sanchez, Loretta
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 2119
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
DISTRICT OF COLUMBIA COURTS AND PUBLIC DEFENDER SERVICE VOLUNTARY
SEPARATION INCENTIVE PAYMENTS ACT
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 5037) to authorize
the establishment of a program of voluntary separation incentive
payments for nonjudicial employees of the District of Columbia courts
and employees of the District of Columbia Public Defender Service, as
amended, 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 Georgia (Mr. Carter) that the House suspend the rules
and pass the bill, as amended.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 413,
nays 1, not voting 17, as follows:
[Roll No. 555]
YEAS--413
Abraham
Adams
Aderholt
Aguilar
Allen
Amash
Amodei
Ashford
Babin
Barr
Barton
Bass
Beatty
Becerra
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bonamici
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
[[Page 13399]]
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guinta
Guthrie
Hahn
Hardy
Harper
Harris
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
Hinojosa
Holding
Honda
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lee
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matsui
McCarthy
McCaul
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pallone
Palmer
Pascrell
Paulsen
Pearce
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Pompeo
Posey
Price (NC)
Price, Tom
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Westmoreland
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--1
McClintock
NOT VOTING--17
Barletta
Carter (GA)
Farr
Fincher
Gutierrez
Hanna
Kildee
Lieu, Ted
Moore
Mulvaney
Payne
Pelosi
Poe (TX)
Rokita
Rush
Sanchez, Loretta
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 2126
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
ABNER J. MIKVA POST OFFICE BUILDING
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 5798) to designate
the facility of the United States Postal Service located at 1101 Davis
Street in Evanston, Illinois, as the ``Abner J. Mikva Post Office
Building``, 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 Georgia (Mr. Jody B. Hice) 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 392,
nays 22, answered ``present'' 1, not voting 16, as follows:
[Roll No. 556]
YEAS--392
Abraham
Adams
Aderholt
Aguilar
Amash
Amodei
Ashford
Babin
Barr
Barton
Bass
Beatty
Becerra
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bonamici
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Grijalva
Grothman
Guinta
Guthrie
Hahn
Hardy
Harper
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
Hinojosa
Holding
Honda
Hoyer
Hudson
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lee
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Matsui
McCarthy
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Pallone
Palmer
Pascrell
Paulsen
Pearce
Perlmutter
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Pompeo
Posey
Price (NC)
Price, Tom
Quigley
Rangel
Ratcliffe
Reed
Reichert
Renacci
Rice (NY)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
[[Page 13400]]
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Westmoreland
Williams
Wilson (FL)
Wilson (SC)
Womack
Woodall
Yarmuth
Yoder
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--22
Allen
Brat
Davidson
Gosar
Griffith
Harris
Hartzler
Huelskamp
Kelly (MS)
Labrador
Lummis
Massie
Moolenaar
Mulvaney
Palazzo
Perry
Ribble
Salmon
Sanford
Stutzman
Wittman
Yoho
ANSWERED ``PRESENT''--1
Rice (SC)
NOT VOTING--16
Barletta
Carter (GA)
Costa
Farr
Fincher
Gutierrez
Hanna
Kildee
Lieu, Ted
Moore
Payne
Pelosi
Poe (TX)
Rush
Sanchez, Loretta
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 2132
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.
____________________
AUTHORIZING THE CLERK TO MAKE CORRECTIONS IN ENGROSSMENT OF H.R. 5931,
PROHIBITING FUTURE RANSOM PAYMENTS TO IRAN ACT
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that the Clerk be
authorized to make technical corrections in the engrossment of H.R.
5931.
The SPEAKER pro tempore (Mr. Mooney of West Virginia). Is there
objection to the request of the gentleman from California?
There was no objection.
____________________
ADJOURNMENT FROM THURSDAY, SEPTEMBER 22, 2016, TO MONDAY, SEPTEMBER 26,
2016
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that when the House
adjourns today, it adjourn to meet on Monday, September 26, 2016, when
it shall convene at noon for morning-hour debate and 2 p.m. for
legislative business.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
____________________
HONORING ST. CLOUD ATTACK VICTIMS AND HEROISM OF POLICE OFFICER
(Mr. PAULSEN asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. PAULSEN. Mr. Speaker, last weekend, an act of terror took place
at a St. Cloud, Minnesota, mall.
On Saturday night, 10 people were stabbed at the Crossroads Mall
before the attacker was fatally shot by an armed off-duty police
officer on the scene. Thankfully, none of the victims were killed, and
all are expected to make full recoveries. The attack is yet another
troubling reminder of the growing threat that Americans do face here at
home.
The quick reaction of the armed off-duty police officer, Jason
Falconer of Avon, likely stopped this from being an even greater
tragedy. He is a hero for his bravery, his courage, and his
selflessness to protect those who were in danger that night. Our law
enforcement officers put themselves in harm's way, and they deserve our
utmost respect for the risks and the difficult decisions that they make
each and every day.
Mr. Speaker, the safety of our citizens must remain a top priority,
and I will continue to work to ensure that our law enforcement agencies
have the resources that are necessary to protect American lives.
____________________
TRIBUTE TO MR. JOHN YEE OF AURORA, COLORADO
(Mr. COFFMAN asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. COFFMAN. Mr. Speaker, today, I rise to recognize the service of
an extraordinary retired high school world history teacher, Mr. John
Yee, whom I had 44 years ago when I was a student at Central High
School in Aurora, Colorado.
Mr. John Yee was a teacher who inspired his students by making
history come alive in the classroom and by leaving us with an
intellectual curiosity about the world around us that would forever be
a part of our lives.
Mr. John Yee's personal story of having grown up in Kunming, China,
during the Imperial Japanese Army's invasion of his homeland, as well
as his subsequent service as a translator with the Flying Tigers, gave
him an unparalleled depth of understanding when it came to describing
the cultural dynamics of global events.
Mr. Speaker, a great nation cannot exist without great teachers, and
I believe that Mr. John Yee is among the very best, and I will forever
be grateful for his unyielding dedication to public education.
____________________
WYOMING LOSES TWO OF ITS FAVORITE SONS
(Mrs. LUMMIS asked and was given permission to address the House for
1 minute and to revise and extend her remarks.)
Mrs. LUMMIS. Mr. Speaker, it is a tough week for Wyoming. Wyoming is
the land of high altitudes, low multitudes, and great attitudes. We
have the smallest population in the Nation, and yet, geographically, we
are one of the largest States in the Nation; so everyone matters. This
week, we lost two of our favorite sons--two of our most impressive
people.
Brian Scott Gamroth was killed in a motorcycle accident when coming
back to Wyoming from a Shriners Convention on Sunday. Brian was the
voice of Wyoming. He gave his time, talents, and energy to raise
hundreds of thousands--if not millions--of dollars for Wyoming's
charities. His heart was as big as his gigantic frame and as his deep,
baritone voice on the radio in Casper, Wyoming. He was a dear friend
and a beloved Wyoming person, and I will miss him with my whole heart.
On the same day, we lost our beloved Flip McConnaughey, who died
after serving our senior U.S. Senator, Mike Enzi, as his chief of staff
here in Washington for over 20 years. Flip McConnaughey came out of
municipal government in Wyoming, as did our senior Senator, Mike Enzi.
They love the communities of Wyoming. They have worked so hard all of
these years in the U.S. Senate for Wyoming.
I thank them, and we will miss them with all of our hearts.
____________________
NATIONAL READ WITH A CHILD WEEK
(Mr. NEWHOUSE asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. NEWHOUSE. Mr. Speaker, I stand in support of National Read with a
Child Week, which is organized by the Children's Reading Foundation to
promote early literacy development.
The first few years of a child's life are critical to the acquisition
of language and literacy skills, which are cornerstones of social and
academic development. I firmly believe that all children deserve an
excellent education and that preparation for academic success can never
begin too early. Unfortunately, many children face significant barriers
to achievement as recent research shows that over three-quarters of
fourth graders from low-income families are not proficient in reading.
The Children's Reading Foundation, which is headquartered in
Kennewick, Washington, is leading the way in supporting early childhood
literacy and in preparing all children for success in school and
throughout their lives. Read with a Child Week, which takes place this
week, September 18 through 24, is highlighting the tremendous
importance of early literacy, and I call on all of my colleagues to
join me in supporting this initiative.
[[Page 13401]]
____________________
GUIDANCE ON THE SOCIAL COST OF CARBON
(Mr. LaMALFA asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. LaMALFA. Mr. Speaker, the Obama administration is advancing
something under the Council on Environmental Quality known as a
``guidance on the social cost of carbon.'' This would be undertaken
while doing environmental impact studies.
At the same time the administration claims that it is trying to
advance more oil and gas by using those reserves to further help the
energy economy in this country, it is also advancing this, but it
claims it has not yet been adopted. Yet, some Federal agencies are
already using it in order to block the development of this and of other
important infrastructure. This will be yet another tool to stop either
needed energy policy or other infrastructure projects that need to be
done around this country.
We cannot afford to have these regulators coming out using a policy
that has not been passed by the Congress but, indeed, is something that
has been adopted by the administration on its own in order to block
projects that are especially needed in rural areas for our energy
economy in this country, for nonreliance on foreign energy, and for the
jobs that are so desperately needed. This is a wrong-headed approach to
adopt policy without the word of Congress--the people's
Representatives--on this issue.
____________________
LEAVE OF ABSENCE
By unanimous consent, leave of absence was granted to:
Mr. Carter of Georgia (at the request of Mr. McCarthy) for today
after 3 p.m. on account of personal reasons.
____________________
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. 1878. An act to extend the pediatric priority review
voucher program; to the Committee on Energy and Commerce.
____________________
ENROLLED BILLS SIGNED
Karen L. Haas, Clerk of the House, reported and found truly enrolled
bills of the House of the following titles, which were thereupon signed
by the Speaker:
H.R. 2615. An act to establish the Virgin Islands of the
United States Centennial Commission.
H.R. 5252. An act to designate the United States Customs
and Border Protection Port of Entry located at 1400 Lower
Island Road in Tornillo, Texas, as the ``Marcelino Serna Port
of Entry''.
H.R. 5937. An act to amend title 36, United States Code, to
authorize the American Battle Monuments Commission to
acquire, operate, and maintain the Lafayette Escadrille
Memorial in Marnes-la-Coquette, France, and for other
purposes.
____________________
ADJOURNMENT
Mr. LaMALFA. Mr. Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 9 o'clock and 44 minutes
p.m.), under its previous order, the House adjourned.
____________________
EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL
Reports concerning the foreign curencies and U.S. dollars utilized
for Official Foreign Travel during the third quarter of 2016, pursuant
to Public Law 95-384, are as follows:
REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HON. MARKWAYNE MULLIN, EXPENDED BETWEEN AUG. 16 AND AUG. 19, 2016
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem\1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency\2\ currency\2\ currency\2\ currency\2\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hon. Markwayne Mullin.................. 8/16 8/19 Jordan................... ........... 649 ........... 14,588 ........... ........... ........... 15,237
-------------------------------------------------------------------------------------------------------
Committee total.................. ........ .......... ......................... ........... 649 ........... 14,588 ........... ........... ........... 15,237
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Per diem constitutes lodging and meals.
\2\If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
HON. MARKWAYNE MULLIN, Sept. 16, 2016.
REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ITALY AND AFGHANISTAN, EXPENDED BETWEEN JULY 30 AND AUG. 6, 2016
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem\1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency\2\ currency\2\ currency\2\ currency\2\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hon. Nancy Pelosi...................... 7/31 8/5 Italy.................... ........... 1,804 ........... (\3\) ........... ........... ........... 1,804
Hon. Eliot Engel....................... 7/31 8/5 Italy.................... ........... 1,804 ........... (\3\) ........... ........... ........... 1,804
Hon. Rosa DeLauro...................... 7/31 8/5 Italy.................... ........... 1,804 ........... (\3\) ........... ........... ........... 1,804
Hon. Anna Eshoo........................ 7/31 8/5 Italy.................... ........... 2,255 ........... (\3\) ........... ........... ........... 2,255
Hon. Steve Israel...................... 7/31 8/5 Italy.................... ........... 1,804 ........... (\3\) ........... ........... ........... 1,804
Hon. Dutch Ruppersberger............... 7/31 8/5 Italy.................... ........... 1,804 ........... (\3\) ........... ........... ........... 1,804
Hon. Andre Carson...................... 7/31 8/5 Italy.................... ........... 1,804 ........... (\3\) ........... ........... ........... 1,804
Hon. Terri Sewell...................... 7/31 8/5 Italy.................... ........... 1,804 ........... (\3\) ........... ........... ........... 1,804
Wyndee Parker.......................... 7/31 8/5 Italy.................... ........... 1,804 ........... (\3\) ........... ........... ........... 1,804
Caroline Behringer..................... 7/31 8/5 Italy.................... ........... 2,255 ........... (\3\) ........... ........... ........... 2,255
Bina Surgeon........................... 7/31 8/5 Italy.................... ........... 2,255 ........... (\3\) ........... ........... ........... 2,255
Emily Berret........................... 7/31 8/5 Italy.................... ........... 2,255 ........... (\3\) ........... ........... ........... 2,255
Hon. Nancy Pelosi...................... 8/3 8/4 Afghanistan.............. ........... 7 ........... (\3\) ........... ........... ........... 7
Hon. Eliot Engel....................... 8/3 8/4 Afghanistan.............. ........... 7 ........... (\3\) ........... ........... ........... 7
Hon. Rosa DeLauro...................... 8/3 8/4 Afghanistan.............. ........... 7 ........... (\3\) ........... ........... ........... 7
Hon. Anna Eshoo........................ 8/3 8/4 Afghanistan.............. ........... 7 ........... (\3\) ........... ........... ........... 7
Hon. Steve Israel...................... 8/3 8/4 Afghanistan.............. ........... 7 ........... (\3\) ........... ........... ........... 7
Hon. Dutch Ruppersberger............... 8/3 8/4 Afghanistan.............. ........... 7 ........... (\3\) ........... ........... ........... 7
Hon. Andre Carson...................... 8/3 8/4 Afghanistan.............. ........... 7 ........... (\3\) ........... ........... ........... 7
Hon. Terri Sewell...................... 8/3 8/4 Afghanistan.............. ........... 7 ........... (\3\) ........... ........... ........... 7
Wyndee Parker.......................... 8/3 8/4 Afghanistan.............. ........... 7 ........... (\3\) ........... ........... ........... 7
-------------------------------------------------------------------------------------------------------
Committee total.................. ........ .......... ......................... ........... 23,515 ........... ........... ........... ........... ........... 23,515
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Per diem constitutes lodging and meals.
\2\If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
\3\Military air transportation.
HON. NANCY PELOSI, Sept. 2, 2016.
[[Page 13402]]
____________________
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 2 of rule XIV, executive communications were taken from
the Speaker's table and referred as follows:
6942. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Air Plan Approval; Alabama and North
Carolina; Interstate Transport -- 2010 NO2 Standards [EPA-
R04-OAR-2016-0209; FRL-9952-74-Region 4] received September
20, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-
121, Sec. 251; (110 Stat. 868); to the Committee on Energy
and Commerce.
6943. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Air Plan Approval; Georgia; Prong 4-
2008 Ozone, 2010 NO2, SO2, and 2012 PM2.5 [EPA-R04-OAR-2016-
0315; FRL-9952-72-Region 4] received September 20, 2016,
pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec.
251; (110 Stat. 868); to the Committee on Energy and
Commerce.
6944. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Partial Approval and Partial
Disapproval of Implementation Plans; State of Iowa;
Infrastructure SIP Requirements for the 2008 Ozone National
Ambient Air Quality Standard (NAAQS) [EPA-R07-OAR-2016-0407;
FRL-9952-55-Region 7] received September 20, 2016, pursuant
to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110
Stat. 868); to the Committee on Energy and Commerce.
6945. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Promulgation of Air Quality
Implementation Plans; State of Arkansas; Regional Haze and
Interstate Visibility Transport Federal Implementation Plan
[EPA-R06-OAR-2015-0189; FRL-9952-03-Region 6] received
September 20, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public
Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on
Energy and Commerce.
6946. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Pyridaben; Pesticide Tolerances [EPA-
HQ-OPP-2015-0390; FRL-9951-92] received September 20, 2016,
pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec.
251; (110 Stat. 868); to the Committee on Energy and
Commerce.
6947. A letter from the Chief of Staff, Media Bureau,
Federal Communications Commission, transmitting the
Commission's final rule -- Amendment of Section 73.3555(e) of
the Commission's Rules, National Television Multiple
Ownership Rule [MB Docket No.: 13-236] received September 21,
2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121,
Sec. 251; (110 Stat. 868); to the Committee on Energy and
Commerce.
6948. A letter from the Secretary, Department of the
Treasury, transmitting a six-month periodic report on the
national emergency with respect to Iran that was declared in
Executive Order 12957 of March 15, 1995, pursuant to 50
U.S.C. 1641(c); Public Law 94-412, Sec. 401(c); (90 Stat.
1257) and 50 U.S.C. 1703(c); Public Law 95-223, Sec 204(c);
(91 Stat. 1627); to the Committee on Foreign Affairs.
6949. A letter from the Assistant Legal Adviser, Office of
Treaty Affairs, Department of State, transmitting a report
concerning international agreements other than treaties
entered into by the United States to be transmitted to the
Congress within the sixty-day period specified in the Case-
Zablocki Act, pursuant to 1 U.S.C. 112b(d)(1); Public Law 92-
403, Sec. 1; (86 Stat. 619); to the Committee on Foreign
Affairs.
6950. A letter from the Director, Defense Security
Cooperation Agency, Department of Defense, transmitting a
proposed Letter of Offer and Acceptance to the Government of
Japan, Transmittal No. 16-46, pursuant to Sec. 36(b)(1) of
the Arms Export Control Act; to the Committee on Foreign
Affairs.
6951. A letter from the Deputy Assistant Administrator for
Regulatory Programs, Office of Protected Resources, NMFS,
National Oceanic and Atmospheric Administration, transmitting
the Administration's final rule -- Endangered and Threatened
Species; Identification of 14 Distinct Population Segments of
the Humpback Whale (Megaptera novaeangliae) and Revision of
Species-Wide Listing [Docket No.: 130708594-6598-03] (RIN:
0648-XC751) received September 21, 2016, pursuant to 5 U.S.C.
801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868);
to the Committee on Natural Resources.
6952. A letter from the Director, Administrative Office of
the United States Courts, transmitting the report of the
Administrative Office of the United States Courts on
applications for delayed-notice search warrants and
extensions during fiscal year 2015, pursuant to 18 U.S.C.
3103a(d)(2); Added by Public Law 90-351, Sec. 1401(a)
(further added by Public Law 109-177, Sec. 114(c)); (120
Stat. 211); to the Committee on the Judiciary.
6953. A letter from the Assistant Secretary of the Army,
Civil Works, Department of Defense, transmitting the South
San Francisco Bay Shoreline, Santa Clara County, California
final integrated report and environmental impact report for
September 2015 (revised December 2015) (H. Doc. No. 114--
166); to the Committee on Transportation and Infrastructure
and ordered to be printed.
6954. A letter from the Assistant Secretary of the Army,
Civil Works, Department of Defense, transmitting the West
Sacramento General Reevaluation Final Report and Appendices
for December 2015 (revised May 2016) (H. Doc. No. 114--167);
to the Committee on Transportation and Infrastructure and
ordered to be printed.
6955. A letter from the Assistant Secretary of the Army,
Civil Works, Department of Defense, transmitting the
Navigation Improvements Craig, Alaska Final Interim
Feasibility Report and Environmental Assessment for March 16,
2016 (H. Doc. No. 114--168); to the Committee on
Transportation and Infrastructure and ordered to be printed.
6956. A letter from the Assistant Secretary of the Army,
Civil Works, Department of Defense, transmitting the American
River Watershed Common Features General Reevaluation Final
Reports and Appendices for December 2015 (Revised May 2016)
(H. Doc. No. 114--169); to the Committee on Transportation
and Infrastructure and ordered to be printed.
6957. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Treatment of Indian Tribes in a
Similar Manner as States for Purposes of Section 303(d) of
the Clean Water Act [EPA-HQ-OW-2014-0622; FRL-9952-61-OW]
(RIN: 2040-AF52) received September 20, 2016, pursuant to 5
U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat.
868); to the Committee on Transportation and Infrastructure.
6958. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
IRB only rule -- Announcement of the Results of the Phase III
Allocation Round of the Qualifying Gasification Project
Program [Announcement 2016-34] received September 20, 2016,
pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec.
251; (110 Stat. 868); to the Committee on Ways and Means.
6959. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
IRB only rule -- Credit for Carbon Dioxide Sequestration;
2016 Section 45Q Inflation Adjustment Factor [Notice 2016-53]
received September 20, 2016, pursuant to 5 U.S.C.
801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868);
to the Committee on Ways and Means.
6960. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
IRB only rule -- Updating of Address for Qualified Vehicle
Submissions [Notice 2016-51] received September 20, 2016,
pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec.
251; (110 Stat. 868); to the Committee on Ways and Means.
6961. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
IRB only rule -- Foreign Tax Credit Guidance under Section
909 Related to Foreign-Initiated Adjustments [Notice 2016-52]
received September 20, 2016, pursuant to 5 U.S.C.
801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868);
to the Committee on Ways and Means.
6962. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
IRB only rule -- Applicable Federal Rates -- October 2016
(Rev. Rul. 2016-25) received September 20, 2016, pursuant to
5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110
Stat. 868); to the Committee on Ways and Means.
6963. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
IRB only rule -- Facilitating Compliance with Qualified Plan
Document Requirements [Announcement 2016-32] received
September 20, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public
Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on
Ways and Means.
6964. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
IRB only rule -- Announcement of Certification Resulting from
the 2012-2013 Phase III Allocation Round of the Qualifying
Advanced Coal Project Program (Announcement 2016-33) received
September 20, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public
Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on
Ways and Means.
6965. A letter from the Director, Office of Regulations and
Reports Clearance, Social Security Administration,
transmitting the Administration's final rules -- Evidence
from Excluded Medical Sources of Evidence [Docket No.: SSA-
2016-0015] (RIN: 0960-AH92) received September 20, 2016,
pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec.
251; (110 Stat. 868); to the Committee on Ways and Means.
6966. A letter from the Secretary, Department of Energy,
transmitting the Department's report entitled ``Department of
Energy Activities Relating to the Defense Nuclear Facilities
Safety Board, Fiscal Year 2015'', pursuant to the Atomic
Energy Act of 1954, Sec. 316(b), as amended; jointly to the
Committees on Energy and Commerce and Armed Services.
6967. A letter from the Labor Member, Management Member,
Railroad Retirement
[[Page 13403]]
Board, transmitting the Board's budget request for FY 2018,
pursuant to 45 U.S.C. 231f(f); Aug. 29, 1935, ch. 812, Sec.
7(f) (as amended by Public Law 93-445, Sec. 416); (97 Stat.
436); jointly to the Committees on Appropriations,
Transportation and Infrastructure, and Ways and Means.
____________________
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. CHAFFETZ: Committee on Oversight and Government Reform.
H.R. 6004. A bill to modernize Government information
technology, and for other purposes; with an amendment (Rept.
114-783, Pt. 1). Referred to the Committee of the Whole House
on the state of the Union.
Mr. BRADY of Texas: Committee on Ways and Means. H.R. 954.
A bill to amend the Internal Revenue Code of 1986 to exempt
from the individual mandate certain individuals who had
coverage under a terminated qualified health plan funded
through the Consumer Operated and Oriented Plan (CO-OP)
program; with an amendment (Rept. 114-784). Referred to the
Committee of the Whole House on the state of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 5303. A bill to provide for improvements
to the rivers and harbors of the United States, to provide
for the conservation and development of water and related
resources, and for other purposes; with an amendment (Rept.
114-785, Pt. 1). Referred to the Committee of the Whole House
on the state of the Union.
DISCHARGE OF COMMITTEE
Pursuant to clause 2 of rule XIII, the Committee on Natural Resources
discharged from further consideration. H.R. 5303 referred to the
Committee of the Whole House on the state of the Union.
____________________
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. PALLONE (for himself, Mr. Tonko, Mr. McNerney,
Mrs. Capps, Mr. Cardenas, Mr. Gene Green of Texas,
and Ms. DeGette):
H.R. 6116. A bill to enable needed drinking water
standards, reduce lead in drinking water, plan for and
address threats from climate change, terrorism, and source
water contamination, invest in drinking water infrastructure,
increase compliance with drinking water standards, foster
greater community right to know about drinking water quality,
and promote technological solutions for drinking water
challenges; to the Committee on Energy and Commerce.
By Mr. SCOTT of Virginia:
H.R. 6117. A bill to provide at-risk and disconnected youth
with subsidized summer and year-round employment and to
assist local community partnerships in improving high school
graduation and youth employment rates, and for other
purposes; to the Committee on Education and the Workforce.
By Mr. McHENRY:
H.R. 6118. A bill to promote innovation in financial
services, and for other purposes; to the Committee on
Financial Services, and in addition to the Committee on
Agriculture, 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. KING of Iowa:
H.R. 6119. A bill to distribute Federal funds for
elementary and secondary education in the form of vouchers
for eligible students and to repeal a certain rule relating
to nutrition standards in schools; to the Committee on
Education and the Workforce.
By Mr. MURPHY of Pennsylvania (for himself and Mr.
Kind):
H.R. 6120. A bill to amend title XVIII of the Social
Security Act to provide for clarification and rationalization
of Medicare prescription drug plan recovery rules for certain
claims; 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 Mrs. CAPPS (for herself, Mr. Pallone, and Mr.
Tonko):
H.R. 6121. A bill to amend the Safe Drinking Water Act with
respect to climate resiliency, security, and source water
protection planning, and for other purposes; to the Committee
on Energy and Commerce.
By Mr. ROE of Tennessee (for himself and Mr. Courtney):
H.R. 6122. A bill to authorize the creation of a commission
to develop voluntary accessibility guidelines for electronic
instructional materials and related technologies used in
postsecondary education, and for other purposes; to the
Committee on Education and the Workforce.
By Mr. WILSON of South Carolina (for himself, Mr.
Scalise, Mr. Duncan of South Carolina, Mr. Mulvaney,
Mr. Gowdy, Mr. Sanford, Mr. Coffman, and Mr. Cook):
H.R. 6123. A bill to congressionally designate the museum
to preserve the stories, knowledge, and history of the Medal
of Honor to be constructed in Mount Pleasant, South Carolina,
as the National Medal of Honor Museum; to the Committee on
Armed Services.
By Mr. STIVERS (for himself and Mrs. Beatty):
H.R. 6124. A bill to amend section 428 of the McKinney-
Vento Homeless Assistance Act to provide incentives to
grantees under the Continuum of Care program to re-house all
former members of the Armed Forces, and for other purposes;
to the Committee on Financial Services.
By Mr. BRENDAN F. BOYLE of Pennsylvania (for himself,
Mr. Meehan, and Mr. Fitzpatrick):
H.R. 6125. A bill to amend the Safe Drinking Water Act to
require the Administrator of the Environmental Protection
Agency to publish a maximum contaminant level goal and
promulgate a national primary drinking water regulation for
perfluorinated compounds, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. POCAN (for himself, Ms. Moore, Ms. Schakowsky,
Mr. Doggett, and Mr. Ellison):
H.R. 6126. A bill to amend the Securities Exchange Act of
1934 to require the disclosure of total corporate tax paid by
a corporation in each annual report required to be filed
under such Act, and for other purposes; to the Committee on
Financial Services.
By Mrs. LAWRENCE (for herself, Mr. Conyers, Ms. Norton,
and Mrs. Watson Coleman):
H.R. 6127. A bill to amend the Safe Drinking Water Act to
require the improvement of consumer confidence reports, and
for other purposes; to the Committee on Energy and Commerce.
By Ms. SCHAKOWSKY:
H.R. 6128. A bill to require the Administrator of the
Environmental Protection Agency to conduct a study on the
presence of pharmaceuticals and personal care products in
sources of drinking water; to the Committee on Energy and
Commerce.
By Mr. DeFAZIO:
H.R. 6129. A bill to designate the Frank Moore Wild
Steelhead Sanctuary in the State of Oregon; to the Committee
on Natural Resources.
By Mr. GOODLATTE (for himself, Mr. Nadler, Mr.
DeSantis, Mrs. Carolyn B. Maloney of New York, Mr.
Lamborn, Mr. Brendan F. Boyle of Pennsylvania, Mr.
Lance, and Mr. Griffith):
H.R. 6130. A bill to provide the victims of Holocaust-era
persecution and their heirs a fair opportunity to recover
works of art confiscated or misappropriated by the Nazis; to
the Committee on the Judiciary.
By Mr. SMITH of New Jersey (for himself, Mr. Babin, Mr.
Bilirakis, Mrs. Black, Mr. Boustany, Mr. Fleming, Mr.
Fortenberry, Mr. Harris, Mrs. Hartzler, Mr.
Hensarling, Mr. Huelskamp, Mr. Huizenga of Michigan,
Mr. Luetkemeyer, Mr. Pearce, Mr. Pitts, Mr. Russell,
Mrs. Wagner, Mr. Loudermilk, and Mr. Mullin):
H.R. 6131. A bill to amend title 18, United States Code, to
prohibit human-animal chimeras; to the Committee on the
Judiciary.
By Ms. DUCKWORTH:
H.R. 6132. A bill to establish a task force to develop a
national trauma care system, to improve the trauma care
system of the Department of Defense, and for other purposes;
to the Committee on Energy and Commerce, and in addition to
the Committee on Armed Services, 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. SENSENBRENNER (for himself, Mr. Bishop of
Michigan, Mr. Poe of Texas, Mr. Franks of Arizona,
Mrs. Lawrence, Mr. Grayson, Mr. Bost, and Mr.
Goodlatte):
H.R. 6133. A bill to reauthorize certain programs
established by the Adam Walsh Child Protection and Safety Act
of 2006, and for other purposes; to the Committee on the
Judiciary.
By Mr. BERA:
H.R. 6134. A bill to establish a National TechCorps
program, and for other purposes; to the Committee on
Education and the Workforce, and in addition to the
Committees on Oversight and Government Reform, and 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 Mrs. BLACKBURN (for herself, Mr. Cohen, Mr.
Fleischmann, Mrs. Black, Mr. Roe of Tennessee, Mr.
Duncan of Tennessee, Mr. DesJarlais, and Mr.
Fincher):
H.R. 6135. A bill to designate the Federal building and
United States courthouse located at 719 Church Street in
Nashville, Tennessee, as the ``Fred D. Thompson Federal
Building and United States Courthouse''; to
[[Page 13404]]
the Committee on Transportation and Infrastructure.
By Mr. CARTWRIGHT (for himself, Mr. Lynch, Mr.
Langevin, Mr. Michael F. Doyle of Pennsylvania, Mr.
Brady of Pennsylvania, and Mr. Capuano):
H.R. 6136. A bill to provide for USA Retirement Funds, and
for other purposes; to the Committee on Education and the
Workforce, 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. BOUSTANY:
H.R. 6137. A bill to provide emergency tax relief for
persons affected by severe storms and flooding occurring in
Louisiana; to the Committee on Ways and Means.
By Ms. BROWNLEY of California (for herself, Mr.
LaMalfa, Mr. Huffman, Mr. Garamendi, Mr. McClintock,
Mr. Thompson of California, Ms. Matsui, Mr. Bera, Mr.
Cook, Mr. McNerney, Mr. Denham, Mr. DeSaulnier, Ms.
Pelosi, Ms. Lee, Ms. Speier, Mr. Swalwell of
California, Mr. Costa, Mr. Honda, Ms. Eshoo, Ms.
Lofgren, Mr. Farr, Mr. Valadao, Mr. Nunes, Mr.
McCarthy, Mrs. Capps, Mr. Knight, Ms. Judy Chu of
California, Mr. Schiff, Mr. Cardenas, Mr. Sherman,
Mr. Aguilar, Mrs. Napolitano, Mr. Ted Lieu of
California, Mr. Becerra, Mrs. Torres, Mr. Ruiz, Ms.
Bass, Ms. Linda T. Sanchez of California, Mr. Royce,
Ms. Roybal-Allard, Mr. Takano, Mr. Calvert, Ms.
Maxine Waters of California, Ms. Hahn, Mrs. Mimi
Walters of California, Ms. Loretta Sanchez of
California, Mr. Lowenthal, Mr. Rohrabacher, Mr. Issa,
Mr. Hunter, Mr. Vargas, Mr. Peters, and Mrs. Davis of
California):
H.R. 6138. A bill to designate the facility of the United
States Postal Service located at 560 East Pleasant Valley
Road, Port Hueneme, California, as the U.S. Naval
Construction Battalion ``Seabees'' Fallen Heroes Post Office
Building; to the Committee on Oversight and Government
Reform.
By Mr. BURGESS (for himself, Mr. Kind, Mr. Harper, Mr.
Meehan, Ms. Herrera Beutler, Mr. Cooper, Mr.
Griffith, and Mr. McDermott):
H.R. 6139. A bill to amend title XVIII of the Social
Security Act to provide Medicare entitlement to
immunosuppressive drugs for kidney transplant recipients; 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. CARDENAS:
H.R. 6140. A bill to amend the Safe Drinking Water Act to
require the Administrator of the Environmental Protection
Agency to publish a maximum contaminant level goal and
promulgate a national primary drinking water regulation for
perchlorate, and for other purposes; to the Committee on
Energy and Commerce.
By Mrs. DINGELL (for herself, Mr. Ryan of Ohio, Ms.
Schakowsky, Mr. Pocan, and Mr. Nolan):
H.R. 6141. A bill to amend the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 to require
the publication of the negotiating position of the United
States for each proposed trade agreement after each meeting
of the parties to the trade agreement, and for other
purposes; to the Committee on Ways and Means, and in addition
to the Committee on Rules, 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. DUFFY (for himself, Mr. MacArthur, Ms. Herrera
Beutler, Mr. LoBiondo, Mr. Keating, Mr. Kind, Mr.
Ribble, Mr. Kennedy, Mr. Lynch, Mr. McGovern, Mr.
Neal, Mr. Heck of Nevada, Mr. Kilmer, and Mr.
Ratcliffe):
H.R. 6142. A bill to amend section 403(q) of the Federal
Food, Drug, and Cosmetic Act to prohibit the Food and Drug
Administration from requiring the percent of daily value of
added sugars to be included in the labeling of certain
nutrient-dense foods, and for other purposes; to the
Committee on Energy and Commerce.
By Ms. FUDGE:
H.R. 6143. A bill to amend the Safe Drinking Water Act to
require the Administrator of the Environmental Protection
Agency to publish revised guidance for school officials
seeking to reduce exposure to lead from drinking water in
schools, and for other purposes; to the Committee on Energy
and Commerce.
By Mr. GRAVES of Georgia:
H.R. 6144. A bill to amend the Congressional Budget Act of
1974 to include the outlays and revenue totals relating to
social security benefits in a concurrent resolution on the
budget, and for other purposes; to the Committee on the
Budget, and in addition to the Committees on Rules, and 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. HIMES (for himself, Mr. Larson of Connecticut,
Ms. Esty, and Mr. Carney):
H.R. 6145. A bill to require certain equestrian helmets to
include a warning label, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. ISRAEL:
H.R. 6146. A bill to amend the Internal Revenue Code of
1986 to improve the dependent care credit by repealing the
phasedown of the credit percentage; to the Committee on Ways
and Means.
By Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr.
Miller of Florida, Ms. Brown of Florida, Mr. Takano,
Ms. Edwards, and Mr. Bilirakis):
H.R. 6147. A bill to establish the 50th Anniversary Apollo
I Memorial; to the Committee on Armed Services, and in
addition to the Committees on Veterans' Affairs, and Science,
Space, and Technology, 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 Ms. KAPTUR (for herself, Mr. Ryan of Ohio, Ms.
Fudge, Mr. Quigley, Ms. Slaughter, Mrs. Miller of
Michigan, Mr. Murphy of Florida, Mr. Kildee, and Mrs.
Beatty):
H.R. 6148. A bill to amend the Safe Drinking Water Act to
require the Administrator of the Environmental Protection
Agency to publish a maximum contaminant level goal and
promulgate a national primary drinking water regulation for
microcystin toxin, and for other purposes; to the Committee
on Energy and Commerce.
By Mr. KENNEDY (for himself, Mr. Young of Alaska, Ms.
Gabbard, and Mrs. Brooks of Indiana):
H.R. 6149. A bill to promote pro bono legal services as a
critical way in which to empower survivors of domestic
violence; to the Committee on the Judiciary.
By Mr. KILDEE:
H.R. 6150. A bill to amend the Truth in Lending Act to
prohibit private educational lenders from requiring
accelerated repayment of private education loans upon the
death or disability of a cosigner of the loan; to the
Committee on Financial Services.
By Mr. KILDEE:
H.R. 6151. A bill to amend title 38, United States Code, to
allow veterans affected by school closures to continue
receiving monthly stipends under the Post-9/11 Educational
Assistance Program for a certain period, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. KILDEE:
H.R. 6152. A bill to provide funding for Violent Crime
Reduction Partnerships in the most violent communities in the
United States, and for other purposes; to the Committee on
the Judiciary, and in addition to the Committee on
Appropriations, 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. LOEBSACK (for himself, Mrs. Bustos, Mr. Tonko,
and Mr. Gibson):
H.R. 6153. A bill to provide installation reutilization
authority for arsenals, depots, and plants; to the Committee
on Armed Services.
By Mr. McNERNEY:
H.R. 6154. A bill to amend the Safe Drinking Water Act to
reduce lead in drinking water, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. MEADOWS:
H.R. 6155. A bill to amend the Wilderness Act to ensure
access to wilderness areas by Federal, State, and local
emergency response personnel during an emergency, and for
other purposes; to the Committee on Natural Resources, and in
addition to the Committee on Agriculture, 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. MEADOWS:
H.R. 6156. A bill to amend the Wilderness Act and the
Federal Land Policy and Management Act of 1976 to require the
management of a wilderness study area, not designated by
statute, under the jurisdiction of the Forest Service or the
Bureau of Land Management for multiple use pending
congressional consideration of the recommendation for
designation of the area as wilderness, and for other
purposes; to the Committee on Natural Resources, and in
addition to the Committee on Agriculture, 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. OLSON (for himself and Ms. Castor of Florida):
H.R. 6157. A bill to modernize the prescription
verification process for contact lenses, to clarify consumer
protections regarding false advertising of contact lenses,
and for other purposes; to the Committee on Energy and
Commerce.
By Mr. REED (for himself, Mr. Yoho, Mr. LaMalfa, Mr.
Flores, and Mr. Chabot):
[[Page 13405]]
H.R. 6158. A bill to provide for enhanced penalties for
certain offenses relating to controlled substances containing
fentanyl, and for other purposes; to the Committee on the
Judiciary, and in addition to the Committee on Energy and
Commerce, 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. ROYCE (for himself and Mr. Larson of
Connecticut):
H.R. 6159. A bill to amend the Internal Revenue Code of
1986 to exempt premiums paid on non-cash-value property and
casualty insurance from the taxes to enforce reporting on
certain foreign accounts; to the Committee on Ways and Means.
By Mr. RYAN of Ohio (for himself, Mr. Reed, Mr.
Cicilline, Mr. Honda, and Ms. Kaptur):
H.R. 6160. A bill to establish the United States Chief
Manufacturing Officer in the Executive Office of the
President with the responsibility of developing a national
manufacturing strategy to revitalize the manufacturing
sector, spur economic growth, and expand United States
competitiveness, and for other purposes; to the Committee on
Energy and Commerce.
By Ms. SPEIER (for herself, Ms. Judy Chu of California,
Mr. Gallego, Ms. Kaptur, Ms. Lee, Mr. McNerney, and
Mr. Ryan of Ohio):
H.R. 6161. A bill to amend the Higher Education Act of 1965
to require institutions of higher education to notify certain
Federal agencies when principal investigators at such
institutions engage in discrimination on the basis of sex,
and for other purposes; to the Committee on Education and the
Workforce, and in addition to the Committees on Science,
Space, and Technology, and the Budget, 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. TIPTON:
H.R. 6162. A bill to amend the Federal Deposit Insurance
Act to ensure that prepaid funds deposited in an insured
depository institution satisfy the requirements of the
primary purpose exclusion to the definition of deposit
broker, and for other purposes; to the Committee on Financial
Services.
By Mrs. WATSON COLEMAN:
H.R. 6163. A bill to amend the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 to repeal the
denial of assistance and benefits for individuals with
certain drug-related convictions, and for other purposes; to
the Committee on Ways and Means, and in addition to the
Committee on Agriculture, 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. LEWIS (for himself, Ms. Adams, Ms. Bass, Mrs.
Beatty, Mr. Becerra, Mr. Bishop of Georgia, Mr.
Blumenauer, Mr. Brendan F. Boyle of Pennsylvania, Ms.
Bonamici, Mr. Brady of Pennsylvania, Ms. Brown of
Florida, Mr. Butterfield, Mr. Capuano, Mr. Cardenas,
Mr. Carson of Indiana, Mr. Carter of Georgia, Mr.
Cartwright, Ms. Castor of Florida, Ms. Judy Chu of
California, Ms. Clark of Massachusetts, Ms. Clarke of
New York, Mr. Clay, Mr. Cleaver, Mr. Clyburn, Mr.
Cohen, Mr. Collins of Georgia, Mr. Conyers, Mr.
Courtney, Mr. Crowley, Mr. Cummings, Mr. Danny K.
Davis of Illinois, Mrs. Davis of California, Mr.
Delaney, Mr. Deutch, Mrs. Dingell, Ms. Duckworth, Ms.
Edwards, Mr. Engel, Mr. Foster, Ms. Fudge, Ms.
Gabbard, Mr. Garamendi, Mr. Al Green of Texas, Mr.
Grijalva, Mr. Gutierrez, Ms. Hahn, Mr. Hastings, Mr.
Heck of Washington, Mr. Himes, Mr. Honda, Mr. Hoyer,
Mr. Israel, Ms. Jackson Lee, Mr. Jeffries, Ms. Eddie
Bernice Johnson of Texas, Mr. Johnson of Georgia, Ms.
Kaptur, Mr. Keating, Ms. Kelly of Illinois, Mr.
Kildee, Mrs. Kirkpatrick, Mr. Langevin, Mrs.
Lawrence, Mr. Larsen of Washington, Mr. Larson of
Connecticut, Ms. Lee, Mr. Loebsack, Mr. Lowenthal,
Mr. Ben Ray Lujan of New Mexico, Mrs. Carolyn B.
Maloney of New York, Mr. Sean Patrick Maloney of New
York, Ms. Matsui, Ms. McCollum, Mr. McGovern, Mr.
McNerney, Mr. Moulton, Mr. Neal, Mr. Meeks, Ms.
Moore, Mr. Murphy of Florida, Mr. Nadler, Mr.
Norcross, Ms. Norton, Mr. Pascrell, Mr. Payne, Ms.
Pelosi, Mr. Peters, Ms. Plaskett, Mr. Pocan, Mr.
Quigley, Mr. Rangel, Mr. Richmond, Mr. Ryan of Ohio,
Ms. Linda T. Sanchez of California, Ms. Schakowsky,
Mr. Schrader, Mr. David Scott of Georgia, Mr. Scott
of Virginia, Mr. Serrano, Ms. Sewell of Alabama, Ms.
Sinema, Ms. Slaughter, Mr. Smith of Washington, Mr.
Swalwell of California, Mr. Thompson of California,
Ms. Titus, Mr. Tonko, Mrs. Torres, Mr. Van Hollen,
Mr. Vargas, Mr. Veasey, Ms. Wasserman Schultz, Mrs.
Watson Coleman, Ms. Wilson of Florida, and Mr.
Yarmuth):
H. Con. Res. 160. Concurrent resolution recognizing the
opening of the Smithsonian's National Museum of African
American History and Culture, the only national museum
dedicated to documenting African American life, history, and
culture; to the Committee on House Administration.
By Ms. STEFANIK (for herself, Mr. Gibson, Mr. Walz, Mr.
Valadao, Mr. Takano, and Miss Rice of New York):
H. Con. Res. 161. Concurrent resolution expressing the
sense of Congress that those who served in the bays, harbors,
and territorial seas of the Republic of Vietnam during the
period beginning on January 9, 1962, and ending on May 7,
1975, should be presumed to have been exposed to the toxin
Agent Orange and should be eligible for all related Federal
benefits that come with such presumption under the Agent
Orange Act of 1991; to the Committee on Veterans' Affairs.
By Mr. THOMPSON of California (for himself, Mr. Kind,
Mr. LoBiondo, Mr. Blumenauer, Ms. Castor of Florida,
Mr. Connolly, Mr. Costello of Pennsylvania, Mrs.
Dingell, Ms. Eshoo, Mr. Grijalva, Mr. Hastings, Mr.
Israel, Mr. Kildee, Mr. Larsen of Washington, Ms.
Lee, Ms. Lofgren, Ms. McCollum, Mr. Pallone, Mr.
Perlmutter, Mr. Sablan, Mr. Walz, Mr. Welch, Mr. Heck
of Washington, Ms. Michelle Lujan Grisham of New
Mexico, Mr. Pocan, Ms. Norton, Ms. Titus, Mr. Kilmer,
and Ms. Kaptur):
H. Res. 882. A resolution encouraging the observance of the
week beginning on October 9, 2016, as ``National Wildlife
Refuge Week''; to the Committee on Natural Resources.
By Ms. SCHAKOWSKY (for herself, Mr. Ellison, Mr. Pocan,
and Ms. Brownley of California):
H. Res. 883. A resolution supporting the designation of a
week as National Federal Nurse Recognition Week; to the
Committee on Energy and Commerce.
By Mr. ISSA (for himself, Mr. Smith of Texas, Mr.
Gosar, Mr. Cramer, Mr. Franks of Arizona, Mr. Brooks
of Alabama, Mr. Bucshon, Mr. Fleischmann, Mr. Weber
of Texas, Mr. Barton, Mr. Rohrabacher, Mr. Duncan of
Tennessee, Mr. Kelly of Mississippi, Mr. Farenthold,
Mrs. Mimi Walters of California, Mr. Byrne, Mr.
Calvert, Mr. Mulvaney, Mr. Meadows, Mr. Collins of
Georgia, Ms. Jenkins of Kansas, Mrs. Blackburn, Mr.
Stutzman, and Mrs. Lummis):
H. Res. 884. A resolution recognizing that Hillary Rodham
Clinton violated, ignored, and otherwise chose not to follow
legal and ethical obligations and responsibilities expected
of the head of any Federal agency of the United States
Government during her tenure as United States Secretary of
State from 2009 through 2013; to the Committee on Foreign
Affairs.
By Mr. CARDENAS (for himself, Mr. Becerra, Mr. Beyer,
Ms. Brownley of California, Mr. Costa, Mr. Cohen, Mr.
Conyers, Mr. Doggett, Ms. Eshoo, Mr. DeSaulnier, Mr.
Denham, Ms. Duckworth, Mr. Farr, Mr. Foster, Mr.
Gallego, Mr. Garamendi, Mr. Gutierrez, Mr. Grijalva,
Ms. Hahn, Mr. Hardy, Mr. Hinojosa, Mr. Larsen of
Washington, Mr. Larson of Connecticut, Mr. Lowenthal,
Ms. Lofgren, Ms. Michelle Lujan Grisham of New
Mexico, Mr. Ben Ray Lujan of New Mexico, Mr. Lynch,
Ms. Matsui, Ms. McCollum, Mr. Meeks, Mr. Moulton, Mr.
Murphy of Florida, Mrs. Napolitano, Ms. Norton, Mr.
Quigley, Ms. Roybal-Allard, Mr. Sablan, Ms. Linda T.
Sanchez of California, Ms. Loretta Sanchez of
California, Mr. Serrano, Mr. Sires, Ms. Sinema, Mr.
Smith of Washington, Ms. Speier, Mr. Swalwell of
California, Mr. Takano, Ms. Titus, Mr. Pascrell, Mr.
Vela, Ms. Velazquez, Mr. Veasey, Ms. Wasserman
Schultz, Mr. Curbelo of Florida, Ms. Ros-Lehtinen,
Mr. Franks of Arizona, Ms. Clarke of New York, Mr.
Pallone, Mr. Rangel, Mr. Himes, Mr. Payne, Mr.
Huffman, and Mr. Crowley):
H. Res. 885. A resolution recognizing Hispanic Heritage
Month and celebrating the heritage and culture of Latinos in
the United States and the immense contributions of Latinos
and Latinas to the United States; to the Committee on
Oversight and Government Reform.
By Mr. CHABOT (for himself, Ms. Velazquez, Mr. King of
Iowa, Ms. Judy Chu of California, Mr. Luetkemeyer,
Ms. Hahn, Mr. Hanna, Mr. Payne, Mr. Huelskamp, Ms.
Meng, Mr. Gibson, Mrs. Lawrence, Mr. Brat, Ms. Clarke
of New York, Mrs. Radewagen, Ms. Adams, Mr. Knight,
Mr. Moulton, Mr. Curbelo of Florida, Mr. Hardy, Mr.
Kelly of Mississippi, and Mr. Davidson):
H. Res. 886. A resolution recognizing November 26, 2016, as
``Small Business Saturday'' and supporting efforts to
increase awareness of the value of locally owned
[[Page 13406]]
small businesses; to the Committee on Small Business.
By Mr. DeFAZIO (for himself, Mr. Courtney, Mr.
Perlmutter, and Mr. Ellison):
H. Res. 887. A resolution supporting efforts to increase
competition and accountability in the health insurance
marketplace, and to extend accessible, quality, affordable
health care coverage to every American through the choice of
a public insurance plan; to the Committee on Energy and
Commerce.
By Ms. FUDGE (for herself, Mr. Kind, Mr. Reichert, and
Mr. Tiberi):
H. Res. 888. A resolution expressing support for
designation of September as ``National Childhood Obesity
Awareness Month''; to the Committee on Energy and Commerce.
By Mr. AL GREEN of Texas (for himself, Mr. Poe of
Texas, Ms. Edwards, Ms. McCollum, Ms. Clarke of New
York, Ms. Kelly of Illinois, Mr. Conyers, Mr.
Cleaver, Mr. Johnson of Georgia, Ms. Moore, Ms.
Roybal-Allard, Mrs. Bustos, Mr. Meeks, Ms. Norton,
Ms. Titus, Ms. Fudge, Ms. Brown of Florida, Mr. Scott
of Virginia, Ms. Slaughter, Ms. DeLauro, Mr.
Hastings, Ms. Speier, and Mr. Carson of Indiana):
H. Res. 889. A resolution supporting the goals and ideals
of October as National Domestic Violence Awareness Month and
expressing the sense of the House of Representatives that
Congress should continue to raise awareness of domestic
violence and its devastating effects on individuals,
families, and communities, and support programs designed to
end domestic violence in the United States; to the Committee
on Education and the Workforce.
By Mr. LARSEN of Washington (for himself, Mr. Young of
Alaska, Ms. Pingree, Mrs. Radewagen, Ms. DelBene, Mr.
Courtney, Mr. Connolly, Mr. Sensenbrenner, Ms.
McCollum, Mr. Schiff, Mr. Meeks, and Ms. Brownley of
California):
H. Res. 890. A resolution expressing support for the Arctic
Council and commemorating the Arctic Council 20th
anniversary; to the Committee on Foreign Affairs.
____________________
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. PALLONE:
H.R. 6116.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clause 18
By Mr. SCOTT of Virginia:
H.R. 6117.
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. McHENRY:
H.R. 6118.
Congress has the power to enact this legislation pursuant
to the following:
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for
the common Defence . . . of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the
United States.
By Mr. KING of Iowa:
H.R. 6119.
Congress has the power to enact this legislation pursuant
to the following:
The ``Power of the Purse'' as defined in Article I, Section
9, Clause 7
By Mr. MURPHY of Pennsylvania:
H.R. 6120.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8 of the Constitution.
By Mrs. CAPPS:
H.R. 6121.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8.
By Mr. ROE of Tennessee:
H.R. 6122.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 1
By Mr. WILSON of South Carolina:
H.R. 6123.
Congress has the power to enact this legislation pursuant
to the following:
Article I, section 8 of the United States Constitution.
By Mr. STIVERS:
H.R. 6124.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clause 1 and Article 1, Sec 8, Clause
3
By Mr. BRENDAN F. BOYLE of Pennsylvania:
H.R. 6125.
Congress has the power to enact this legislation pursuant
to the following:
General Welfare Clause, Article I, Section 8
By Mr. POCAN:
H.R. 6126.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 3
The Congress shall have Power . . . To regulate Commerce
with foreign Nations, and among the several States, and with
the Indian Tribes.
By Mrs. LAWRENCE:
H.R. 6127.
Congress has the power to enact this legislation pursuant
to the following:
The Congress shall have Power *** To make all Laws which
shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by the
Constitution in the Government of the United States, or in
any Department or Officer thereof.
By Ms. SCHAKOWSKY:
H.R. 6128.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 7
By Mr. DeFAZIO:
H.R. 6129.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8 of the U.S. Constitution.
By Mr. GOODLATTE:
H.R. 6130.
Congress has the power to enact this legislation pursuant
to the following:
Article I, section 8, clause 9; article III, section 1,
clause 1; and article III, section 2, clause 2 of the
Constitution, which grant Congress authority over federal
courts and article I, section 8, clause 3, which gives
Congress the authority to regulate commerce with foreign
nations and among the States.
By Mr. SMITH of New Jersey:
H.R. 6131.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8
By Ms. DUCKWORTH:
H.R. 6132.
Congress has the power to enact this legislation pursuant
to the following:
``The constitutional authority of Congress to enact this
legislation is provided by Article I, section 8, clause 18 of
the United States Constitution which gives Congress the
authority to ``make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and
all other Powers vested by this Constitution in the
Government of the United States, or in any Department or
Officer thereof''
By Mr. SENSENBRENNER:
H.R. 6133.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clause 1
By Mr. BERA:
H.R. 6134.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 1 of the Constitution
By Mrs. BLACKBURN:
H.R. 6135.
Congress has the power to enact this legislation pursuant
to the following:
Article I Section 8
By Mr. CARTWRIGHT:
H.R. 6136.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clause 1 of the U.S. Constitution
relating to the power of Congress to provide for the common
defense and general welfare of the United States.
Article 3, Section 8, Clause 3 of the U.S. Constitution
relating to the power of Congress to regulate commerce.
By Mr. BOUSTANY:
H.R. 6137.
Congress has the power to enact this legislation pursuant
to the following:
Clause 1 of Section 8 of Article I and Amendment XVI of the
United States Constitution.
By Ms. BROWNLEY of California:
H.R. 6138.
Congress has the power to enact this legislation pursuant
to the following:
Article 1 Section 8 Clause 7
By Mr. BURGESS:
H.R. 6139.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 3, of the United States
Constitution, which grants Congress the power to regulate
commerce with foreign nations, and among the several states,
and with the Indian tribes.
Article I, Section 8, Clause 18, of the United States
Constitution, which grants Congress the power to make all
laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested
by the Constitution in the Government of the United States,
or any Department or Officer thereof
By Mr. CARDENAS:
H.R. 6140.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clauses 1 and 18
By Mrs. DINGELL:
H.R. 6141.
Congress has the power to enact this legislation pursuant
to the following:
Article 1 Section VIII
By Mr. DUFFY:
H.R. 6142.
[[Page 13407]]
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8
By Ms. FUDGE:
H.R. 6143.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8.
By Mr. GRAVES of Georgia:
H.R. 6144.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 9, Clause 7
By Mr. HIMES:
H.R. 6145.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 1 of the United States
Constitution, as this legislation provides for the general
welfare of the United States.
By Mr. ISRAEL:
H.R. 6146.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 1 of the United States
Constitution
By Ms. EDDIE BERNICE JOHNSON of Texas:
H.R. 6147.
Congress has the power to enact this legislation pursuant
to the following:
Article I, section 8 of the Constitution of the United
States.
By Ms. KAPTUR:
H.R. 6148.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 18:
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.
By Mr. KENNEDY:
H.R. 6149.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8: ``[T]o provide for [the] general
Welfare . . . [and] To make all laws which shall be necessary
and proper for carrying into Execution the foregoing Powers,
and all other Powers vested by this Constitution in the
Government of the United States or in any Department or
Officer thereof.''
By Mr. KILDEE:
H.R. 6150.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section VIII
By Mr. KILDEE:
H.R. 6151.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section VIII
By Mr. KILDEE:
H.R. 6152.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section VIII
By Mr. LOEBSACK:
H.R. 6153.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8 of the US Constitution.
By Mr. McNERNEY:
H.R. 6154.
Congress has the power to enact this legislation pursuant
to the following:
Article I, section 8 of the United States Constitution.
By Mr. MEADOWS:
H.R. 6155.
Congress has the power to enact this legislation pursuant
to the following:
Article IV, Section 3, Clause 2 purports that, ``The
Congress shall have the Power to dispose of and make all
needful Rules and Regulations respecting the Territory or
other Property belonging to the United States . . .''
By Mr. MEADOWS:
H.R. 6156.
Congress has the power to enact this legislation pursuant
to the following:
Article IV, Section 3, Clause 2 purports that, ``The
Congress shall have the Power to dispose of and make all
needful Rules and Regulations respecting the Territory or
other Property belonging to the United States . . .''
By Mr. OLSON:
H.R. 6157.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clause 3
By Mr. REED:
H.R. 6158.
Congress has the power to enact this legislation pursuant
to the following:
Article One, Section 8, Clause 18
By Mr. ROYCE:
H.R. 6159.
Congress has the power to enact this legislation pursuant
to the following:
Congress has the power to enact this legislation pursuant
Under Article I, Section 8, Clause 1 of the U.S.
Constitution:
The Congress shall have the 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.
By Mr. RYAN of Ohio:
H.R. 6160.
Congress has the power to enact this legislation pursuant
to the following:
To make all laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof
By Ms. SPEIER:
H.R. 6161.
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 of the United States
Constitution.
By Mr. TIPTON:
H.R. 6162.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 3: ``The Congress shall have
power . . . To regulate commerce with foreign nations, and
among the several states, and with the Indian tribes.''
By Mrs. WATSON COLEMAN:
H.R. 6163.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clause 1 of the Constitution
Article 1, Section 8, Clause 18 of the Constitution
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions, as follows:
H.R. 188: Mr. Lynch.
H.R. 213: Mr. Long, Mrs. Wagner, and Mr. Neugebauer.
H.R. 225: Ms. Brownley of California, Mr. Gutierrez, Ms.
Matsui, Mr. Yarmuth, Mr. Takano, Ms. Judy Chu of California,
and Ms. Wasserman Schultz.
H.R. 226: Ms. Brownley of California, Ms. Clark of
Massachusetts, Mr. Yarmuth, Mr. Takano, and Mr. Schiff.
H.R. 347: Mr. Crawford.
H.R. 532: Mr. Danny K. Davis of Illinois and Ms. Meng.
H.R. 583: Mr. Jones.
H.R. 729: Mr. Aguilar.
H.R. 742: Ms. Meng.
H.R. 923: Mr. Sam Johnson of Texas, Mr. Harper, and Mr.
Carter of Georgia.
H.R. 1218: Mrs. Davis of California.
H.R. 1221: Mr. Ben Ray Lujan of New Mexico.
H.R. 1284: Ms. Meng, Ms. Clarke of New York, Ms. Velazquez,
Mr. Doggett, Mr. Norcross, Mr. Tonko, Mr. DeSaulnier, Mr.
Ruppersberger, Ms. Roybal-Allard, and Mr. Larson of
Connecticut.
H.R. 1310: Mr. Schiff and Ms. Castor of Florida.
H.R. 1375: Ms. Meng.
H.R. 1399: Ms. Slaughter and Mr. Heck of Washington.
H.R. 1427: Mr. Kildee.
H.R. 1530: Mr. Boustany.
H.R. 1572: Mr. Gohmert.
H.R. 1608: Mr. Griffith and Ms. Kuster.
H.R. 1728: Mr. Keating and Mr. Larson of Connecticut.
H.R. 2132: Mr. Sarbanes.
H.R. 2224: Mr. Pocan.
H.R. 2268: Mr. Danny K. Davis of Illinois.
H.R. 2293: Mr. Kind.
H.R. 2302: Mr. Lowenthal.
H.R. 2431: Mr. Takano.
H.R. 2660: Mr. Doggett.
H.R. 2737: Mr. Stutzman, Ms. Graham, Mr. Bridenstine, Mr.
Gowdy, Mr. Rogers of Alabama, Mr. Pompeo, Ms. Ros-Lehtinen,
Ms. Sewell of Alabama, Mr. Wilson of South Carolina, Mr.
Westerman, Mr. Wenstrup, Mr. Gibbs, Mr. Cook, Mr. Knight, Mr.
Sanford, Ms. DeGette, Mr. Meehan, Ms. Clark of Massachusetts,
Mr. Tom Price of Georgia, Mr. Stivers, Mrs. Capps, Mr. Pocan,
Mr. Luetkemeyer, Mr. Neugebauer, Mr. Hultgren, Mr. Clyburn,
Mr. Himes, Mr. Smith of Nebraska, Ms. Wasserman Schultz, and
Mr. Cleaver.
H.R. 2739: Ms. Frankel of Florida and Mr. Yoder.
H.R. 2799: Mr. Barr and Mr. Nolan.
H.R. 2889: Ms. McCollum, Mr. Grijalva, and Mr. Gallego.
H.R. 3048: Mr. Brady of Texas.
H.R. 3119: Mr. LaMalfa, Mr. Gallego, Mr. Newhouse, and Mrs.
Carolyn B. Maloney of New York.
H.R. 3226: Mr. Kildee and Mr. Himes.
H.R. 3316: Mr. Castro of Texas, Ms. Kuster, Ms. Michelle
Lujan Grisham of New Mexico, Mr. Swalwell of California, Ms.
Fudge, Mr. Honda, Mr. McNerney, Mr. Costello of Pennsylvania,
Mr. Cohen, Mr. Keating, Mr. Larson of Connecticut, and Ms.
Schakowsky.
H.R. 3355: Mr. Trott.
H.R. 3378: Ms. Meng.
H.R. 3381: Mr. Norcross, Ms. Eddie Bernice Johnson of
Texas, and Mr. Gibbs.
H.R. 3397: Mr. Duncan of Tennessee and Mr. Sires.
H.R. 3512: Ms. Meng.
H.R. 3514: Mr. Johnson of Georgia.
H.R. 3522: Ms. Clark of Massachusetts and Mr. Takano.
H.R. 3656: Mr. Blumenauer.
H.R. 3660: Mr. Tipton.
H.R. 3666: Mr. Schiff, Mrs. Lawrence, Mr. Kildee, and Mr.
Dold.
[[Page 13408]]
H.R. 3683: Mr. Peters.
H.R. 3687: Mr. Neugebauer.
H.R. 3706: Mr. Murphy of Florida, Ms. Meng, Mr. Clay, and
Mr. Keating.
H.R. 3720: Mr. Serrano.
H.R. 3742: Mr. King of Iowa, Mr. Huizenga of Michigan, Mr.
Cook, and Mr. Sessions.
H.R. 3790: Mr. Swalwell of California.
H.R. 3849: Mr. Grayson.
H.R. 3886: Mr. Cohen, Ms. Pingree, Mr. Keating, Mr.
McNerney, and Mr. Tonko.
H.R. 3892: Mr. Fleming.
H.R. 3919: Mr. Sessions.
H.R. 4027: Mr. Smith of Washington.
H.R. 4177: Mr. Aguilar.
H.R. 4184: Mr. Norcross, Mr. Swalwell of California, Mrs.
Watson Coleman, Mr. Serrano, Ms. Fudge, Mr. Honda, Ms. Clarke
of New York, Mr. Tonko, and Mr. Keating.
H.R. 4212: Mr. Rodney Davis of Illinois and Mr. Kilmer.
H.R. 4216: Mr. Ross.
H.R. 4298: Mrs. Noem, Mr. Gosar, Mr. Cramer, Mr. Miller of
Florida, and Mr. Conaway.
H.R. 4365: Mr. Schweikert.
H.R. 4450: Mr. Meeks.
H.R. 4559: Mr. Miller of Florida.
H.R. 4567: Mr. Ben Ray Lujan of New Mexico.
H.R. 4626: Ms. Matsui, Mrs. Brooks of Indiana, Mr.
Neugebauer, Ms. Titus, Mr. Trott, and Mr. Westerman.
H.R. 4718: Ms. Moore.
H.R. 4764: Ms. Adams.
H.R. 4773: Mr. Curbelo of Florida and Mr. Ribble.
H.R. 4798: Mr. Schiff and Mr. Aguilar.
H.R. 4907: Mr. Price of North Carolina.
H.R. 4919: Mr. Bilirakis and Mr. Fitzpatrick.
H.R. 4927: Mr. DeFazio.
H.R. 4938: Mr. Meehan, Mr. Valadao, Mr. Young of Iowa, and
Mrs. McMorris Rodgers.
H.R. 4989: Miss Rice of New York.
H.R. 5002: Mr. McKinley.
H.R. 5045: Mr. Guthrie.
H.R. 5083: Mr. Courtney.
H.R. 5113: Mr. Serrano.
H.R. 5177: Mr. Pascrell and Mr. Quigley.
H.R. 5182: Mr. Peters.
H.R. 5224: Mr. Marchant.
H.R. 5301: Mr. Joyce.
H.R. 5313: Ms. Michelle Lujan Grisham of New Mexico.
H.R. 5321: Mr. Massie.
H.R. 5344: Ms. Jenkins of Kansas.
H.R. 5475: Ms. Roybal-Allard.
H.R. 5499: Mrs. Blackburn, Mrs. Hartzler, and Mr. Conaway.
H.R. 5557: Mr. Tonko, Ms. Slaughter, and Mr. Carson of
Indiana.
H.R. 5560: Mrs. Davis of California.
H.R. 5619: Mr. Trott.
H.R. 5622: Mr. Cardenas.
H.R. 5628: Mr. Mooney of West Virginia.
H.R. 5671: Mr. Serrano and Mr. Takano.
H.R. 5721: Mr. Tom Price of Georgia.
H.R. 5727: Mr. Tom Price of Georgia, Mr. Wenstrup, and Mr.
Stewart.
H.R. 5732: Mrs. Love, Mr. Roskam, Mr. Hill, and Ms.
Duckworth.
H.R. 5733: Mr. Rodney Davis of Illinois.
H.R. 5745: Mr. Grijalva and Ms. Norton.
H.R. 5807: Mr. Ellison, Mr. Barr, Mrs. Love, and Mr.
Sessions.
H.R. 5813: Ms. Sinema and Mr. Reed.
H.R. 5814: Mr. Barletta and Mr. Takano.
H.R. 5829: Mr. LaMalfa, Mr. Abraham, and Mr. Rouzer.
H.R. 5898: Mr. Keating.
H.R. 5902: Mr. Duncan of Tennessee.
H.R. 5935: Mr. Sanford.
H.R. 5942: Mrs. Miller of Michigan, Ms. Sewell of Alabama,
Mrs. Lawrence, Ms. Brownley of California, and Mr. Jolly.
H.R. 5951: Mr. Roe of Tennessee, Mr. Allen, Mr. LoBiondo,
and Mr. Sarbanes.
H.R. 5961: Mr. Hultgren and Mr. Sessions.
H.R. 5962: Mr. Scott of Virginia.
H.R. 5972: Miss Rice of New York and Mr. Ted Lieu of
California.
H.R. 5980: Mr. Kildee, Mr. Van Hollen, Mr. Stewart, Mr.
Valadao, and Mr. Heck of Nevada.
H.R. 6001: Ms. Judy Chu of California, Mr. Denham, Mr.
Cicilline, and Mr. Curbelo of Florida.
H.R. 6013: Mr. Ellison.
H.R. 6017: Mr. Serrano.
H.R. 6030: Mr. Conyers, Ms. Lee, and Ms. Wilson of Florida.
H.R. 6042: Mr. Franks of Arizona.
H.R. 6045: Mr. Stivers.
H.R. 6070: Mr. Hunter.
H.R. 6074: Mr. Westerman.
H.R. 6076: Mr. Knight.
H.R. 6086: Mr. Rouzer and Mr. Duncan of South Carolina.
H.R. 6087: Mr. Ashford, Mr. Latta, Mr. Buchanan, and Mr.
Lance.
H.R. 6088: Mr. Barletta and Mrs. Walorski.
H.R. 6094: Mr. Curbelo of Florida, Mr. Farenthold, Mr.
Meadows, Mr. Duffy, Ms. Foxx, Mr. Franks of Arizona, Mrs.
Black, Mr. Moolenaar, Mr. Jody B. Hice of Georgia, Mr.
Bucshon, Mr. Rouzer, Mr. Rohrabacher, Mr. Olson, Mr.
Goodlatte, Mr. Duncan of South Carolina, Mr. Trott, Mr.
Marino, and Mr. Rodney Davis of Illinois.
H.R. 6097: Mr. Cicilline, Mr. Takano, Mr. Yarmuth, and Mr.
Nadler.
H.R. 6098: Mr. Meadows.
H.R. 6100: Mr. Williams, Mr. Cramer, and Mr. Wenstrup.
H.R. 6108: Mr. Young of Iowa, Mrs. Kirkpatrick, Ms. Loretta
Sanchez of California, Mr. Murphy of Pennsylvania, Mr.
Barletta, Mr. Gibson, Mr. Gene Green of Texas, Mr. Garamendi,
and Mr. McNerney.
H.R. 6110: Mr. Barletta.
H.J. Res. 22: Ms. Graham.
H.J. Res. 94: Mr. Honda.
H.J. Res. 98: Mr. Doggett.
H. Con. Res. 26: Mr. Kelly of Mississippi.
H. Con. Res. 114: Mrs. Black.
H. Con. Res. 140: Mr. Larson of Connecticut, Ms. Kuster,
Mrs. Blackburn, Mr. Pearce, Mr. Duffy, Mr. Mooney of West
Virginia, Mr. Palmer, Mr. Capuano, Mr. Lynch, Mr. Costello of
Pennsylvania, Ms. Clark of Massachusetts, Mr. Kennedy, Mr.
Keating, Mr. McGovern, Ms. Tsongas, Mr. Fortenberry, Mr.
McKinley, Mr. Culberson, Mr. Bost, Mr. Harper, and Mrs.
McMorris Rodgers.
H. Con. Res. 141: Ms. Eddie Bernice Johnson of Texas, Mr.
Harper, and Mr. Williams.
H. Con. Res. 153: Mr. Rush, Mr. Loebsack, Mr. Gutierrez,
Ms. Lee, Mr. Cicilline, and Mr. Grijalva.
H. Con. Res. 155: Mr. Roe of Tennessee, Mr. Nunes, Mr.
Veasey, and Mr. Ross.
H. Res. 28: Mr. Zeldin, Mrs. Noem, and Mr. Rodney Davis of
Illinois.
H. Res. 591: Mr. Hunter, Mr. Walker, Mr. Curbelo of
Florida, Mr. Pittenger, Mr. Meadows, Mr. Hudson, and Mr.
Fleischmann.
H. Res. 750: Ms. Wasserman Schultz.
H. Res. 838: Mr. Grijalva, Mr. Johnson of Georgia, Mr.
Quigley, Ms. Eddie Bernice Johnson of Texas, Mr. Nadler, Mr.
Farenthold, and Mr. Rouzer.
H. Res. 846: Mrs. Beatty, Mr. Clay, Mrs. Lawrence, Mr.
Jeffries, Ms. Clarke of New York, Ms. Bass, Ms. Fudge, Mr. Al
Green of Texas, Mr. Payne, Mr. Clyburn, Mr. Richmond, Mr.
Johnson of Georgia, Ms. Maxine Waters of California, Mr.
Cleaver, Mr. Hastings, Mr. Scott of Virginia, Ms. Lee, Ms.
Kelly of Illinois, Mr. Lewis, Mr. Carson of Indiana, Ms.
Sewell of Alabama, and Mr. Rangel.
H. Res. 854: Mr. Al Green of Texas.
H. Res. 866: Ms. Fudge, Ms. Adams, Mr. Blumenauer, and Mr.
Perlmutter.
H. Res. 881: Mr. McNerney.
CONGRESSIONAL RECORD
United States
of America
This ``bullet'' symbol identifies statements or insertions
which are not spoken by a member of the Senate on the floor.
September 22, 2016
September 22, 2016
[[Page 13409]]
SENATE--Thursday, September 22, 2016
The Senate met at 9:30 a.m. and was called to order by the President
pro tempore (Mr. Hatch).
____________________
PRAYER
The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Eternal God, protector of nations in a turbulent world when we know
not what a day will bring forward, we look to You, our help in ages
past and our hope for the years to come.
Today, we ask that You would use our lawmakers as agents of
reconciliation and justice. May their labors hasten the day when
justice will roll down like waters and righteousness like a mighty
stream.
We thank You, O God, that even during seasons of challenge and
unrest, we have the calm assurance of Your presence. Even in the valley
of the shadows, we find comfort because You are with us.
Lord, forgive us for the many times we have failed to humble
ourselves and pray and seek Your face and turn from evil so that You
will hear our prayers, forgive our sins, and heal our land. We praise
You that the best is yet to come for this great land, and we anticipate
Your providence enabling us to be blessed beyond anything we can ask or
imagine.
We pray in Your wonderful 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.
The PRESIDING OFFICER (Mr. Heller). The Senator from Pennsylvania.
____________________
UNANIMOUS CONSENT REQUEST--S. 1831
Mr. TOOMEY. Mr. President, I rise this morning to speak on S. 1831,
the Preventing Animal Cruelty and Torture Act, also known as the PACT
Act. This is a bipartisan bill.
I thank my colleague Senator Blumenthal for coauthoring this and the
33 cosponsors I have.
This is a commonsense bill. This is the first Federal law that would
protect all animals from torture, maiming, and abuse. The PACT Act
allows Federal law enforcement to intervene when this kind of abuse
occurs where the Federal Government has jurisdiction, on Federal
property, in U.S. territories, and in relation to interstate commerce.
The act specifically bans the most appalling forms of animal abuse.
It is often known as crushing. This is when a deranged individual
actually tortures and sometimes sexually assaults household pets for
some perverse enjoyment that they get. There are people who are in the
business of soliciting animals over the Internet so they can conduct
this appalling activity and then sell the images. It is unbelievable,
but it happens.
This legislation is not controversial. Stopping this kind of obscene
animal abuse is not controversial at all. There are no Republicans
objecting to this legislation. The next Democratic leader on the other
side is a cosponsor. Senator Schumer is a cosponsor of this
legislation. There are 27 Democratic cosponsors. Over half of the
Democratic caucus are cosponsors of this legislation, and a majority of
House Members have cosponsored companion legislation. We worked with
all of the relevant committees to make sure all concerns were
addressed. It has been endorsed by every major animal welfare
organization, including the Humane Society, the American Society for
the Prevention of Cruelty to Animals, and the Animal Welfare Institute.
We worked with agricultural and sporting groups. There is no organized
opposition to this at all.
This legislation is necessary because there are many hundreds, and
perhaps thousands, of cases of this kind of horrific abuse of animals
occurring every year. We have seen appalling cases. I will submit for
the record examples that are too appalling to discuss. Frankly, it is
just that bad, and we need to bring this to an end.
It is also important for me to briefly point out that academic
research has found a very strong correlation between people who abuse
animals and then subsequently commit violent crimes against human
beings. This has been documented by the National Institute of Mental
Health. They say that a history of sexually assaulting animals is the
single largest risk factor and strongest predictor of increased risk of
committing child sexual abuse.
A 2013 Northeastern University study found that half of all school
shooters had harmed animals before harming humans. It is very clear
that if we can stop people from this appalling abuse of animals, we
will also be protecting human beings, and that is why law enforcement
agencies endorse my legislation as well. The PACT Act is endorsed by
the National Sheriffs' Association, Fraternal Order of Police,
Association of Prosecuting Attorneys, and nearly 200 local law
enforcement agencies.
As I have said, this is a very simple issue. It is not confusing or
complicated, and it is not controversial. Animals are not adequately
protected across America. Many of our constituents feel very strongly
and passionately about this issue, as well they should. Passage of this
legislation will help protect people as well as animals, and Congress
should act on this legislation.
Mr. President, I ask unanimous consent that the Committee on the
Judiciary be discharged from further consideration of S. 1831 and the
Senate proceed to its immediate consideration; further, that the Toomey
substitute amendment be agreed to, the bill, as amended, be considered
read a third time and passed, and the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Is there objection?
Recognition Of The Minority Leader
The PRESIDING OFFICER. The Democratic leader is recognized.
Mr. REID. Mr. President, I reserve my right to object.
It is stunning that my friend from Pennsylvania would come to the
floor and abandon all the principles we have heard the new Republican
majority wants in the Senate. First of all, how about having a hearing?
There has not been a hearing on this bill. I would put my support of
animals and fighting animal abuse with anyone's. The Humane Society has
supported me every time I have run for office. PETA has supported me,
as have all of the animal rights groups.
Wouldn't it be a good idea to follow what the Republican leader said
about how we are going to proceed in this new Senate? He said that we
were going to have hearings, and they would not bring a bill to the
floor unless there has been a hearing. Well, that hasn't worked out so
well.
We have recently been out of session for 7 weeks. We had a lot of
time to do all kinds of things, but we have done nothing. This has been
the longest recess since 1956, and with the break that is anticipated
by my Republican colleagues, we will break all records going back to--
we don't even know when. We haven't been able to determine that. It
could go as far back as the Depression or World War I.
All of this sadness about not getting something done on this
legislation
[[Page 13410]]
cries for relief--relief for the American people that we start working
again. We have not only had months to deal with legislation like this,
but we have had more than 6 months to deal with something that is
vitally important to America. It is important everywhere in America. It
is important in Nevada, Pennsylvania, Kentucky--everyplace. What is
that? How about having a full Supreme Court?
The man who opened the Senate today, Orrin Hatch, the President pro
tempore of the U.S. Senate, said publicly so everyone could hear that
Merrick Garland would be a consensus nomination for the President. We
satisfied his consensus appetite, and we brought forward, through the
President of the United States, Merrick Garland on March 16. We waited
and waited. Initially no one would even meet with him--no Republican
would meet with him. Finally, a few Republicans trickled into a few
meetings, but there was no hearing, and, of course, no vote.
We are happy to consider all kinds of legislation, but to pick and
choose what they are going to do, leaving volumes of work undone here
in the Senate, is something that leaves me incredulous.
Before we rush ahead on legislation that has had no hearing, I think
it would be a good idea that we have a hearing and a vote on Merrick
Garland. If Republican Senators want to vote against Merrick Garland,
let them do it, but let's go through the process.
I ask through the Chair whether the Senator from Pennsylvania would
be willing to modify his unanimous consent request so that following a
vote on confirmation of the nomination of a consensus nominee, Merrick
Garland, to be a Justice of the U.S. Supreme Court so we would have
nine members on the Court--nothing too unusual--the Senate proceed to
the immediate consideration of this legislation, S. 1831.
The PRESIDING OFFICER. Will the Senator modify his request?
Recognition Of The Majority Leader
The majority leader is recognized.
Mr. McCONNELL. Mr. President, that was a consent request, was it not?
Mr. REID. Yes, it was.
Mr. McCONNELL. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. I object to the initial request.
The PRESIDING OFFICER. Objection is heard to the original request.
The Senator from Pennsylvania.
Mr. TOOMEY. Mr. President, let me briefly observe what is going on
here. I don't think it is any mystery to anyone who has been following
what is happening here.
Mr. REID. Mr. President, if I could direct a question to my friend
through the Chair.
The PRESIDING OFFICER. Does the Senator from Pennsylvania yield?
Mr. REID. Mr. President, I came to the floor at his convenience. I am
busy, and I am sure he is busy. I came to the floor to be a gentleman,
and I allowed him to go first. I have a speech to give. I came here,
and I agreed to the Republican leader's request. I didn't need to
agree. I said I would be willing to do this right now so the Republican
leader could give his speech later. I think it is rude, to say the
least, for him to give a speech here and prevent me from giving a
speech to the Senate. I think that is not being very collegial, and I
am disappointed that he would do this. He can go ahead and talk as long
as he wants. I will wait.
Mr. TOOMEY. Mr. President, I believe I have the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. TOOMEY. Mr. President, I would observe for the record that we
have been waiting for about 2 weeks, looking for the opportunity to do
this and work with every Member on the other side, and we accommodated
the leader's schedule when he said this was the only time he could do
this--this and one other time.
I will close by saying this: Look, we all know what is going on here.
The Democratic leader stands up and complains that we have not been
productive and not gotten things done, and then when I propose a
unanimous consent request on a bipartisan bill that has a majority of
Democratic Senators as cosponsors, has been thoroughly vetted, and is
supported by every outside group, he raises a completely unrelated
issue and uses that as the basis to block this noncontroversial
legislation.
This is exactly what the American people are so frustrated about with
this body and some of the leadership in this body when this kind of
completely partisan-driven agenda blocks progress even on modest and
noncontroversial legislation.
I yield the floor.
The PRESIDING OFFICER. The Democratic leader.
Mr. REID. Mr. President, just so the record is very clear, I have
been asked to come to the floor on two or three different occasions to
meet his schedule, and I was here; he wasn't. Make sure the record
reflects that.
Mr. President, for almost 2 years the Senate has been run by the
Republicans. The schedule is set by the Republicans. I don't set the
schedule anymore.
To have my friend, the Senator from Pennsylvania, come here and say:
Well, this is really important--I have indicated how I feel about
animal cruelty. I have spoken out about all kinds of animal cruelty for
more than three decades. But I also have some concern, as do the
American people, that Senators like my friend from Pennsylvania have
helped block a simple hearing and a vote on a man who is a consensus
nominee to be a Supreme Court Justice. That is wrong.
I am not a big fan of polling, but you could take a poll in your
front room, in a mall, or have one of these professionals come in and
claim they know what they are doing. Overwhelmingly, it would show that
the American people want a vote on this.
The Supreme Court being short one member has stopped work from being
done for the good of this country. Important cases that should have
been determined haven't been determined. Now they have to go along with
whatever the lower courts say. That is not our system of justice.
So I hope everyone understands that it would be extremely fair and
important to have a hearing and a vote on Merrick Garland.
I can't understand the lack of courage of my Republican friends such
as the Senator from Pennsylvania. If they don't like Merrick Garland,
vote against him, but don't block him. For the longest time in the
history of America, a Supreme Court Justice has been stopped--stopped--
from even having a hearing. It has never happened before--never in the
history of this country.
I will speak on my subject a little later.
I yield the floor.
I ask that the Chair announce the business of the day.
____________________
RESERVATION OF LEADER TIME
The PRESIDING OFFICER. Under the previous order, the leadership time
is reserved.
____________________
MORNING BUSINESS
The PRESIDING OFFICER. Under the previous order, the Senate will be
in a period of morning business until 11 a.m., with Senators permitted
to speak therein for up to 10 minutes each.
Mr. REID. Mr. President, 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. ISAKSON. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
TRIBUTE TO LYNN WESTMORELAND
Mr. ISAKSON. Mr. President, we are reaching that time of year when
some of our colleagues will retire, some may be retired without wanting
to be retired, and we will have new colleagues coming to the Senate and
the House next year. I wish to pause for a moment and pay tribute to a
great Georgian who will be retiring at the end of
[[Page 13411]]
December and who has served our State for six terms in the U.S. House
of Representatives--Mr. Lynn Westmoreland.
Lynn Westmoreland is a true entrepreneur, a native Georgian, a
dedicated father, an outstanding businessman, and an unquestioned
leader in the House of Representatives. As the ranking member of the
Intelligence Committee in the House, he has been instrumental since 9/
11, seeing to it that we remain safe in this country and that we have
the information we need to make decisions we need to make to keep
America safe.
I go back with Lynn Westmoreland a long time. I was a realtor in
Georgia. I was in the brokerage business for 33 years. I dealt with
homebuilders all the time, and one of them was Lynn Westmoreland.
Early in his career, he founded his own construction company, called
L.A.W. Construction. He was an outstanding homebuilder in Fayette
County, GA, and in our State. He built that business to be one of the
best building and construction businesses in our State, and I am proud
of what he accomplished.
He is also a guy who gives back. So Lynn decided to run for public
office. He ran for the Georgia House of Representatives in Fayette
County and won. He served 12 years in the Georgia House, rising to
Republican leader in the Georgia House of Representatives. He was the
leader at the time when, for the first time in history, the Georgia
Republican Party went from the minority party to the majority party.
Wherever Lynn has been, he has been a leader and a fighter for what
is right for our country and a dynamic leader for our State.
Lynn is married to a beautiful lady named Joan. They have three
children and six grandchildren. She has been a great supporter of Lynn.
They have been side by side since they first met at the age of 15 and
began their 47-year marriage a few years later.
Lynn will be retiring, and we will miss him. We want to say thank you
to Lynn for all he has done for Georgia when he was in our legislature
and for what he has done for America now in the Congress of the United
States. He will be sorely missed, but he will be appreciated always as
a man of courage, a man of conviction, a man of commitment, and a true
son of Georgia who excelled in the United States of America.
I yield the floor.
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. MARKEY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Rounds). Without objection, it is so
ordered.
____________________
PRESCRIPTION OPIOID AND HEROIN EPIDEMIC AWARENESS WEEK
Mr. MARKEY. Mr. President, President Obama has issued a proclamation
that this week is Prescription Opioid and Heroin Epidemic Awareness
Week.
As the President explained, we pause to remember all those we have
lost to opioid use disorder. We stand with the courageous individuals
in recovery, and we recognize the importance of raising awareness of
this epidemic. In recognition of Prescription Opioid and Heroin
Epidemic Awareness Week, I am here with my colleagues to convey the
urgency of responding to this crisis.
I want to start my remarks with a story I heard yesterday from a
wonderful man named Patrick Byrne. I met yesterday with Patrick, as he
was awarded the 2016 Education Award and Hero of the Year Award by the
National Association of Letter Carriers. Patrick is from Lynn, MA. He
lost his son James Byrne to heroin addiction. Here is their story.
James Byrne lived a fairly normal life in many ways. The son of Lynn,
MA, Branch 7 president and Army vet Patrick Byrne, James had a good
upbringing and strong family ties. He had a master's degree in computer
science and made a good living in IT, but throughout his adult life,
James had been hooked on heroin, a drug easily found on Lynn's post-
industrial streets. James had periods of sobriety, but circumstances
always seemed to steal them from him eventually.
James had enjoyed 7 months clean of drugs when an old friend and
fellow addict called him one day in January of 2014 to beg James to
find heroin for him. After first refusing, James gave in and bought
some for his friend and apparently couldn't resist using it himself
instead. The friend called James on the cell phone over and over as
James lay dying of an overdose on the floor of his sister's house just
down the street from his father's home. That is where Patrick found
him.
After making his story public, Patrick heard from many other letter
carriers about their own struggles with addiction, depression, or
mental illness in their families. Patrick said: ``I was shocked at how
many people are dealing with similar problems.'' Inspired by Patrick's
experiences and his efforts to educate fellow letter carriers and the
broader public about the need to remove the stigma of addiction, the
Postal Service Employee Assistance Program launched the Silent No More
Initiative. The program is designed to help postal employees or their
families break through the stigma and shame to share personal stories.
I thank Patrick for his leadership and service, and I pray for his
family and for all the parents who are relying on hope and strength as
they look for the support to achieve long-term recovery. None of us can
be silent anymore in the face of this epidemic.
In order to get Patrick and all the families who are suffering the
help they need when they need it, the Federal Government needs to
invest in funding treatment and recovery programs. So far Congress has
failed in this task.
In Massachusetts, I am hearing enormous frustration from people who
don't feel adequate resources are being brought to bear on this
epidemic of prescription drugs and heroin addiction. Countless
individuals and families suffering with addiction cannot find a bed for
detox. Then, when they are at their most vulnerable moment in recovery,
they cannot find a place or provider for long-term treatment.
In May, Senator Shaheen from New Hampshire introduced legislation for
$600 million in emergency funding to combat this crisis. Then again in
July, I and others argued on the floor for the need to invest $1.1
billion into opioid treatment and recovery programs, but both times
when Senator Shaheen made the case and others joined on the floor
asking for additional funding, all of that was blocked so we could not
in fact provide real funding that cities and States need to fight this
epidemic.
We will not save lives and stop the scourge of addiction with just
words and promises. We will not save lives with legislation that pays
only lip service to providing treatment. So I stand here during
Prescription Opioid and Heroin Epidemic Awareness Week to pledge that I
will not stop fighting for funding.
In Boston, there is an area of our city called the Methadone Mile. It
is approximately 1 square mile. It is the location of methadone
clinics, safety net hospitals, and homeless shelters. It is also the
home to those struggling with addiction, those receiving treatment for
addiction, and the litany of saints and angels who are providing the
desperately needed services for those suffering from mental health and
substance abuse disorders. It is a 1-mile, one-stop shop for hope and
ground zero in the battle against addiction in Boston.
Here, in Washington, we are at the epicenter of the Money Mile. It is
an area where Big Pharma's lobbyists toil with the task of ensuring
that even during the storm of prescription drugs, heroin and fentanyl
overdose deaths, the deluge for opioid-based painkillers goes unabated.
When pitted against the Money Mile, the Methadone Mile doesn't stand a
chance. The Money Mile and its army of Big Pharma lobbyists are the
reason mandatory prescriber education is not a law. It is the reason
partial-fill prescriptions is not a law. It is the reason the Food and
Drug Administration and other Federal agencies and State agencies
across our country have not done the job over the
[[Page 13412]]
years and have in fact been complicit in the worsening of this
epidemic.
Without real funding for opioid addiction treatment, the Methadone
Mile and all the other areas in cities across this country will
continue to drown in overdoses and death.
Our cities are fighting a war, and we need to help them. With that, I
will yield the floor to the Senator from Minnesota, Amy Klobuchar, who
has worked tirelessly to stem the oversupply of prescription opioid
drugs in this country.
The PRESIDING OFFICER. The Senator from Minnesota.
Ms. KLOBUCHAR. Thank you very much, and I thank Senator Markey for
the work he has done and his passionate words as well as his
understanding of the crisis this truly is.
I think one of the ways I can explain it in my State is, every day
you turn on the news and you hear about car crashes and you hear about
when there is a murder. Well, in the heart of my State, deaths from
prescription drug abuse now claim the lives of more Minnesotans than
homicides or car crashes. It is a crisis on the rise. According to the
department of health in our State, drug overdose deaths among
Minnesotans increased 11 percent from 2014 to 2015. Last year alone,
336 people in our State died from overdoses. The Twin Cities has been
hit hard by this deadly trend. In Hennepin County, data shows that
opioid-related deaths have increased 40 percent since 2006. But we know
this is not a crisis confined to our urban areas.
I see Senator Shaheen from New Hampshire is here. This is something
that has hit hard in her State in rural areas, just like in mine.
In one 7,000-person town in Minnesota, 3 young people died in just 6
months. Another three were hospitalized for heroin overdoses. We know,
by the way, that heroin overdose is no longer separate from
prescription drugs. In fact, four out of five heroin users got their
start on prescription drugs. They got addicted because someone gave
them to them, or they got them out of a medicine cabinet or they went
to the emergency room and were given 30 pills and got addicted, or
maybe they just went to the dentist to get a wisdom tooth fixed.
These are real stories that are happening all over the country. I was
in Montevideo, MN--a smaller town--with some doctors. One of them
started to cry at this event, telling the story about how a guy had
seen him for back pain over and over and over. The next thing he knew,
the Secret Service was in his office telling him that this person had
gotten completely addicted and was making threats over the Internet on
the lives of elected officials and ended up in prison. He had no idea.
At that same forum, I heard the story of a 12-year-old who was
courted by a pusher--a 12-year-old. They came up to him and said: Hey,
could you go check your parent's medicine cabinet? They gave him a list
of drugs and sent him off. They said: If you come back with those
bottles of pills, we will give you a can of beer. That is what is
happening in smalltown America.
We passed a bill, the Comprehensive Addiction and Recovery Act. I was
proud of the bipartisan work. I was one of the four lead sponsors on
that bill. It builds on some of the work we have done to set up a
framework. Senator Cornyn and I passed one of the first bills in this
area, the drug take-back bill, which allows for drug take-backs in a
way that we are now starting to see across the Nation. We were already
seeing them, of course, in police departments and public facilities,
but this makes it easier for drugstores and pharmacies to take back
drugs. Walgreens has announced they are going to be doing this on a
national basis. It also makes it easier for long-term care facilities.
Those things are beginning, but we can't end there, not when on one
recent National Prescription Drug Take Back Day back in April, over 445
tons of unused drugs were collected. That is 1 day in this country, to
give a sense of how many are out there. In the CARA bill, we made it
easier to do drug take-backs.
We also increased the availability of naloxone, although I will say
on a sideline, Senator Markey, one problem with this is the price of
naloxone has gone up 1,000 percent by the pharmaceutical company that
provides it. So that is another issue we are going to have to deal
with. That is, of course, for another day. But I will say that naloxone
is something we know can save lives.
For me, the heart of this is trying to go after these prescription
drugs at the start, to try to stop people from becoming addicted. I
will get to the treatment part in a moment, but we need to stop the
addiction in the first place.
Just this month, one Minnesota newspaper told the story of a man in
Duluth who got prescriptions for opioid painkillers from 23 dentists
and 15 emergency room physicians in just over 2 years.
Back in May, in Moorhead, I heard the story of another man--this was
from a rehab counselor. This guy had filled 108 prescriptions for
painkillers from more than 85 different prescribers in Minnesota and in
neighboring States.
The Presiding Officer is my neighbor in South Dakota. We see people
who go to South Dakota, North Dakota, Minnesota, Iowa, and Wisconsin in
search of different doctors whom they can basically dupe into giving
them prescriptions because they are addicts. That should not be
happening. Doctors should not be giving out these prescriptions. That
is why I have introduced a new bill that would require doctors and
pharmacies to immediately report when they give out these prescriptions
and require physicians to check this list. Many States have these
programs in place--prescription drug monitoring programs--but they are
voluntary. Not everyone does them. Some States, such as Florida, don't
even share their data with the rest of the country. I truly believe the
doctors and pharmacists on the frontlines--if they check these, we are
going to stop people from getting addicted and get them into treatment
the way we should.
That leads me to the next piece, which is treatment itself. I have
had many people tell me that they are better off committing a felony to
get treatment. Why is that? Well, a lot of States, like mine, have good
drug courts, and if you can get into the right program in the drug
court, you are going to get treatment and followup and you are going to
get the help you need. But a lot of insurance policies are not covering
it. There is not treatment available. That is why I support Senator
Manchin, and I am an original cosponsor of the LifeBOAT Act, which
basically places a 1-cent fee on each milligram of active opioid
ingredient in a prescription pain pill. That is one good way to pay for
treatment, as well as, of course, Senator Shaheen's strong bill that
appropriates emergency funding to address the drug abuse epidemic with
treatment.
We have to remember that only 1 in 10 people who suffer from opioid
addiction actually receives the treatment they need.
My State is a big believer in treatment. We use treatment a lot for
low-level offenses. We use drug courts a lot. It is one of the reasons
we have been able to keep our crime rate at a decent level compared to
a lot of other States. That does not mean there is not horrific crime,
but we have really focused on treatment.
In my own life, my dad is an alcoholic. He is sober now and happily
married at age 88. He stopped drinking a while back, but he would not
have done it without treatment. And that was after three DWIs and a lot
of difficulty, but he got through it. From seeing that, seeing my dad
climb the highest mountain but fall to the lowest valleys, I believe
there is redemption and there is hope. But I don't think that treatment
should be limited to just the people who have good insurance or can
afford it.
We in this country have created this crisis. Let's be clear.
Decisions were made at pharmaceutical companies and everywhere across
the country to expand the use of opioids, to tell people they can take
30 pills when maybe they need 1 or none or maybe 2 or 3. These are bad
decisions. They were made, and
[[Page 13413]]
people were duped and they got addicted. The least we can do is give
them the treatment so they can get off of it, and then make sure their
kids don't get addicted as well.
This is a serious epidemic, and it calls for serious action as well
as funding.
I say thank you, to Senator Markey.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. MARKEY. Mr. President, I thank the Senator from Minnesota.
Many have already heard these statistics: Our Nation is experiencing
more deaths from drug overdoses than from gun violence or auto
accidents. Nearly 30,000 people in the United States died from an
opioid overdose in 2015. Approximately 1,300 of those were in
Massachusetts.
Fentanyl, the drug that killed the musician Prince from the State of
the Senator from Minnesota, is flowing in from China and Mexico and is
laying waste to our communities. It is 50 times more powerful than
heroin and 100 times more potent than morphine. Approximately 2.5
million Americans abused or were dependent on opioids in 2012, but
fewer than 1 million received treatment for their condition.
If we do not provide the resources and enact the policies required to
change the momentum of this epidemic, we are poised to lose future
generations to addiction and death. We need the money for treatment.
With that, I would like to yield the floor to my good friend and
great Senator from New Hampshire, who has led the fight here on the
Senate floor for funding for opioid use disorder treatment and
recovery, Mrs. Jeanne Shaheen.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mrs. SHAHEEN. Mr. President, I thank my colleague from Massachusetts,
who has seen the same tragedy we are seeing in New Hampshire. I am sad
to have to come to the floor again today to join my colleagues, Senator
Markey and Senator Klobuchar, who have spoken so passionately about our
need to address the ongoing heroin and opioid crisis.
Like them and many others, I have been coming to the floor for many
months to describe the terrible toll this crisis is taking on
communities across the country. I know the Presiding Officer must see
it in his home State because it is happening all across America.
It is ironic that we are here during Prescription Opioid and Heroin
Epidemic Awareness Week to once again call on this Congress and the
Senate to pass emergency funding to address what is the most pervasive,
most destructive, and, I believe, most urgent public health crisis that
faces this Nation.
I certainly don't want to minimize the gravity of the other health
challenges we are facing in America, especially the Zika outbreak,
which I believe is absolutely critical, but by any objective measure,
these challenges are dwarfed by the destruction and loss of life that
is being inflicted every day by the uncontrolled epidemic of heroin and
opioid abuse. This epidemic is raging in all 50 States. It is an
uncontrolled public health epidemic of staggering dimensions. In 2014,
some 47,000 people died from drug overdoses--far more than the number
of Americans who died in motor vehicle accidents the same year.
I am sad to say that New Hampshire is at the epicenter of this
epidemic because we have the highest percentage of overdose deaths in
the Nation. This year, at the rate we are seeing overdose fatalities,
we will lose over 500 people in New Hampshire, a State of about 1.3
million. Estimates are that over 100,000 people in New Hampshire have
some sort of substance abuse/misuse issue. The statistics don't even
begin to describe the heartbreak and the trauma that is experienced by
those who have drug misuse issues and their families. Yet, despite this
appalling death toll, despite what the statistics tell us, the Senate
has failed to provide emergency funding to first responders and to
treatment providers on the frontlines of this crisis.
In July, Congress passed the Comprehensive Addiction and Recovery
Act, CARA. I applaud Senator Klobuchar and the other sponsors of that
legislation. It is a good, bipartisan bill that passed this Chamber
with overwhelming support. I was a cosponsor, and I voted for it. But,
as we all know very well, CARA is an authorizing bill, it is not an
appropriations bill. The public may not know that because I think there
is a lot of confusion about the difference between authorizing and
appropriating, but the fact is, we know here in this Chamber that CARA
is an authorizing bill and it does not provide one penny to fight the
opioid epidemic.
We need to fund CARA. That is probably not going to happen this year
and may not happen for several years. We need to put actual resources
behind all of our talk about stemming this crisis. Earlier this year, I
introduced emergency funding that would provide an additional $600
million for policing, prevention, treatment, and recovery. I offered
this legislation as an amendment to the CARA bill but sadly it was
defeated.
The legislation looks at all of those aspects: prevention, treatment,
recovery, and policing because I believe there isn't one magic bullet
solution for this issue.
We definitely need more treatment. We need to acknowledge that
addiction is a disease. That is a critical part of it, but we also need
to do the policing--the long-term recovery. I was at a recovery center
in New Hampshire several weeks ago, and one of the women I met there
who was in recovery said: You know, getting clean was easy. It is
staying clean that is the hard part.
Our Nation has addressed our public health crises with emergency
funding bills far larger than the one I proposed. In 2014, Congress
passed nearly $5.4 billion--billion with a ``b''--in emergency funding
to combat the Ebola outbreak in West Africa. The Ebola outbreak killed
one person in America. The heroin and opioid epidemic is killing more
than 128 Americans every single day.
We know treatment is the only effective answer to addiction, but
people are being turned away from treatment due to lack of resources.
Nationwide, in 2013, nearly 9 out of 10 people needing drug treatment
did not receive it. It is the same story on the law enforcement side of
the equation, a chronic lack of resources.
As Senator Klobuchar pointed out, and as my colleagues from Vermont--
who just came to the floor--and Massachusetts understand very clearly,
heroin traffickers expressly target rural States and counties where law
enforcement is spread too thin and lacks the resources to respond
effectively.
Meanwhile, as Congress fails to act, the opioid epidemic is on the
verge of expanding dramatically. Carfentanil is a synthetic opioid that
is used to tranquilize elephants. It is now available on the streets,
blamed for a record surge of drug overdoses in the Midwest.
Carfentanil is 100 times more potent than fentanyl, which, in turn,
can be up to 50 times more deadly than heroin. It is one of the
synthetic additives to heroin that is causing so many overdose deaths
in New Hampshire. Until recently, Hamilton County, OH, had four to five
overdoses a day. Now, because of carfentanil, the county is reporting
20 overdoses, 30 overdoses, and sometimes even 50 overdoses a day,
completely overwhelming first responders.
Some public health officials say the United States has reached a
disastrous inflection point in the opioid epidemic. Going forward, we
may be seeing more and more synthetic opioids on the market--cheaper,
more potent, more addictive, and even more deadly.
This is just one more wake-up call.
As I travel across New Hampshire and talk to Senate colleagues from
across the country, again and again I hear about the lack of resources
to marshal an effective, well-coordinated response. As new and more
dangerous opioids hit the streets, this crisis could become
exponentially worse. Our failure to act is having tragic consequences.
At long last, let's give law enforcement, let's give treatment
providers, and let's give recovery centers the resources they so
desperately need. At long last, let's come together. Let's pass an
emergency funding bill to combat the opioid epidemic. If we can
[[Page 13414]]
spend billions to fight Ebola on a distant continent, surely we can
allocate $600 million to combat a raging epidemic right here at home.
When the Senate comes back into session after the election, we will
have another opportunity to consider emergency funding to combat this
crisis. For tens of thousands of Americans, this is very literally a
matter of life and death.
Let's put politics aside. Let's do the job the American people sent
us to do. At long last, let's give law enforcement and treatment
providers on the frontlines the resources they need to effectively
address the opioid crisis.
Thank you to my colleagues from Massachusetts and Minnesota for
coming to the floor to once again point out the need we so desperately
have.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I believe we had arranged for Senator
Grassley and me to speak at this point.
I see my distinguished colleague on the floor.
Mr. BARRASSO. Mr. President, I have about 8 minutes or 9 minutes of
remarks, but I don't see the Senator from Iowa yet. If the Senator from
Vermont wishes to speak----
Mr. LEAHY. Mr. President, he wanted me to speak, and then he was
going to speak. If I might continue, this will be fairly brief.
____________________
EB-5 REGIONAL CENTER PROGRAM
Mr. LEAHY. Mr. President, the reason I have come to the floor today--
and I will be joined by Senator Grassley--is to share my concern and
his concern about the EB-5 Regional Center Program. The authorization
of this program is set to expire at the end of the month, but Senate
leadership wants to extend the EB-5 Program as part of the continuing
resolution. I want the Senators to know that if this flawed program is
not reformed, I believe it should end. I can no longer support a
straight extension of the program.
For years, I strongly supported the EB-5 Program. I even championed
its reauthorization. I did so because EB-5 was designed to bring in
investment and jobs to underserved rural and urban communities. For
some time, that is what it did. In my home State of Vermont,
communities such as Warren and Vergennes used EB-5 to create and save
jobs during difficult economic times. They are EB-5 success stories,
but that was the EB-5 yesterday. The EB-5 Program today is mired in
fraud and abuse. It has strayed from its important policy goals. The
incentives Congress created to direct investment to underserved areas--
the very reason I supported this program--have been rendered
meaningless.
The program has become an unintended boon for the wealthiest business
districts in the country. Affluent areas now dominate the program. They
exploit incentives that were intended for underserved areas, a practice
Department of Homeland Security Secretary Johnson has rightly described
as gerrymandering. It has reached the point where a luxury hotel in
Beverly Hills, CA, qualifies as a distressed urban area. Only in the
world of EB-5 is Beverly Hills considered economically distressed.
This type of abuse today is not the exception, it is the rule.
Currently, 90 percent of EB-5 capital goes to areas that rely on
gerrymandering to qualify as distressed--90 percent. That is why the
civil rights community, led by the Leadership Conference on Civil and
Human Rights, has so strongly criticized this program.
Far from being a tool for economic development and job creation, EB-5
is now serving as a corporate subsidy for wealthy developers, allowing
them to save tens of millions of dollars in financing. It is no wonder
these developers fight so hard against reforms that would restore
incentives for EB-5 to do what it was supposed to do when it began--
promote investment in rural and poor urban areas.
I am not suggesting that affluent areas should never qualify, I am
merely suggesting they should not qualify for the unique incentives
that Congress intended for underserved communities because these
underserved communities have far more trouble attracting capital to
create jobs.
Unfortunately, gerrymandering and abused incentives are only part of
the problem. In recent years, EB-5 has become riddled with fraud.
Review after review--conducted by the GAO, the Inspector General, and
by Senator Grassley and me on the Judiciary Committee--have revealed
serious vulnerabilities in the program. Investors have been defrauded.
They have lost money and their immigration benefits have been put in
jeopardy.
Communities that once hoped to benefit from this program have been
left to pick up the pieces. From California to Florida, and from Texas
to even my home State of Vermont, allegations of fraud have stained
this program. Since 2013, the Securities and Exchange Commission has
filed dozens of EB-5-related enforcement actions. As of last year, over
50 more Federal investigations were ongoing. Fraud will continue
unabated until we give the Department of Homeland Security the tools it
needs to guard against abuse.
We have an obligation in Congress to ensure that Federal agencies can
do their job. The Department of Homeland Security has made some
administrative improvements to EB-5, but Secretary Johnson has made it
clear to both me and Senator Grassley that congressional action is
necessary.
For 5 years, I worked with both Democrats and Republicans to reform
EB-5. In 2013, I included EB-5 reforms in the Senate-passed
comprehensive immigration reform. That received a bipartisan vote of 68
votes in the Senate, but the House of Representatives failed to allow a
vote on those reforms. Since then, I have continued to work with
Senator Grassley to review and reform the EB-5 Program.
Last year, he and I negotiated far-reaching reforms with our
counterparts in the House Judiciary Committee. Senator Grassley and I
pushed to have that four corners agreement included in the omnibus
appropriations bill at the end of last year. But big city developers
still viewed our reforms as a threat to their bottom line, and they
have worked aggressively to block our efforts.
Unfortunately, leaders in Congress sided with the developers and
extended the EB-5 Program without reform. Senator Grassley and I are
not going to relent in our efforts to reform this program.
I see the distinguished Senator from Iowa on the floor. He will be
speaking on this, but I would note that at the very beginning of the
new year, we worked together to continue a series of public hearings to
keep pushing for reform. We are united in our belief that it is
unacceptable that Congress has failed to respond to an overwhelming
consensus for reform. A full revamping of the program is required. A
Band-Aid is not good enough. Powerful corporate interests must not be
allowed to derail improvements that can guard against fraud, protect
investors, and also help our most distressed communities.
The powerful developers want only ``window dressing'' reform
proposals that do little to change the status quo. We cannot accept so-
called reforms that the SEC believes would, in fact, leave holes in
enforcement efforts.
Senator Grassley and I, along with our counterparts in both parties
in the House Judiciary Committee, have put forward meaningful reforms.
These reforms were developed in consultation with the Department of
Homeland Security and the SEC. They are tailored to prevent the rampant
fraud we are seeing today. They are necessary to save EB-5 from itself.
As the American people learn more about how the EB-5 Program is being
abused, the louder the calls will be for its reform or even its
termination. I believe we could still fix EB-5, but I cannot support
simply extending it yet again. I do not come to this decision lightly,
but I cannot support a continuing resolution that leaves these flaws in
place. The time has come, either reform EB-5 or get rid of it.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. GRASSLEY. Mr. President, I rise to fully support everything
Senator Leahy has said. I have my own remarks on the same subject.
[[Page 13415]]
When Senator Leahy and I are done--and I may be the end of that--if
Senator Leahy wants to speak, I ask unanimous consent to speak for 60
seconds on another item.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Mr. President, in 1990, Congress created the EB-5 visa,
which was intended to create new employment for U.S. workers and to
infuse new capital into the country. Two years later, Congress revised
the EB-5 category by establishing a pilot program allowing investors to
use regional centers to pool their investments. This pilot program
still exists, nearly 25 years later, but it is deeply flawed, lacks
adequate oversight, and has veered far away from congressional intent.
The Regional Center Program expires on September 30 of this year. In
my view, it is in need of a major overhaul if it is going to be
reauthorized. I have said that repeatedly on the Senate floor, in
hearings, and in letters to Senate leadership.
Despite the need for reform, the fiscal year 2016 Omnibus
appropriations bill included a straight and clean extension of the
program. This was a disappointment given the alarm bells and the
whistleblower allegations. It was a missed opportunity. It is my hope
that both House and Senate leaders will find a way to include reforms
in a continuing resolution or simply leave it off the table for a later
date.
The Senate Judiciary Committee held two hearings this year on the
program. We discussed the flaws and corruption. We noted the many
vulnerabilities. We had stakeholders weigh in. We heard from local
leaders, associations representing workers and regional centers. We
listened to academics and government officials. We received feedback
from all types of industries, as well as immigration and securities
attorneys. We talked to other Senate offices and committees.
We have outlined the problems. Allow me to mention a few of them.
Under the EB-5 Regional Center Program: Investments can be spent before
business plans are approved. Regional center operators can charge
excessive fees of foreign nationals in addition to their required
investments. Jobs created are not ``direct'' or verifiable jobs but
rather are ``indirect'' and based on estimates and economic modeling.
All jobs created by a project are counted by the foreign national when
obtaining a green card, even if EB-5 money is only a fraction of the
total invested. Investment funds are not adequately vetted. Gifts and
loans are acceptable sources of funds from foreign nationals. The
investment level has been stagnant for nearly 25 years. There is no
prohibition against foreign governments owning or operating regional
centers or projects.
Regional centers can be rented or sold without government oversight
or approval. Regional centers don't have to certify they comply with
securities laws. There is no oversight of promoters who work overseas
for the regional centers. There is no set of sanctions for violations,
no recourse for bad actors. There are no required background checks on
anyone associated with a regional center. Regional centers draw
targeted employment area boundaries around poor areas in order to come
in at a lower investment level, yet the jobs created are not actually
created in those areas, and the projects aren't actually in those
areas. Every targeted employment area designation is rubberstamped by
the agency. Adjudicators are pressured to get to a yes, especially for
those politically connected. Visas are not properly scrutinized. They
have been approved despite national security warnings. Files and
applications lack basic and necessary information to monitor
compliance. The agency does not do site visits for each and every
project. There is no transparency on how funds are spent, who is paid,
and what investors are told about the projects they invest in.
Then there are the national security problems. Our committee has
received numerous briefings and classified documents to show this side
of the story.
The enforcement arm of the Department of Homeland Security wrote an
internal memo that raises significant concerns about the program. There
was an interagency working group that reviewed fraud and other national
security vulnerabilities in 2010. Members of the working group made
recommendations to reform the program, including the recommendation to
sunset the regional center model due to crippling fraud and national
security vulnerabilities.
Not all of these recommendations were communicated to Congress. This
week, Chairman Chaffetz, Mr. Cummings, and I sent a letter to the
Director of the agency in charge and asked for documents relating to
this working group. I also sent a letter to Secretary Johnson, calling
on him to investigate the policies and guidance that permit foreign
ownership of an EB-5 regional center. It is obvious that foreign
corporations and foreign governments are increasingly taking advantage
of the Regional Center Program to establish ownership in U.S.-based
real estate projects. I am concerned that this may allow foreign
corporations and foreign governments to profit from marketing U.S.
green cards to their citizens in return for investment and ownership in
EB-5 real estate projects. I asked for a top-to-bottom review to ensure
that U.S. interests are protected in the EB-5 program.
The Securities and Exchange Commission has brought over a dozen suits
against regional centers and operators. U.S. investors and foreign
nationals are being duped and left high and dry. Just this week another
individual was indicted for devising a scheme to defraud and obtain
money and property from investors. This person was able to take in
millions of dollars from foreign investors and use the money for his
personal gain. I have seen it time and again. But, under current law,
such individuals are not banned from the program in the future.
Aside from the vulnerabilities, the benefits of the program are
questionable. Even the Government Accountability Office says it is hard
to ascertain the economic benefits.
Most of the visas are going to urban and affluent areas at a
discounted rate when Congress specifically intended to steer some visas
to rural and high unemployment areas. Census tracts are stitched
together to incorporate remote public housing developments so that
highrises, hotels, casinos and resorts can attract investors for less
than the statutory $1 million requirement.
The Judiciary Committee held a hearing on this specific issue. Though
Congress intended for most EB-5 investments to be made at the $1
million level, nearly all are made at the $500,000 level because of
gerrymandering. That is just not right. Gerrymandering allows very
affluent areas to benefit from the lower investment threshold,
resulting in little incentive to invest EB-5 funds in distressed or
rural areas, as was envisioned by Senators when it was created.
The senior Senator from New York says we don't know how cities work.
He doesn't think projects should or could be built in the Bronx. He
says they will commute and work on 5th Avenue where luxury condos are
being built. Those in New York jump over rivers and go through Central
Park just to connect to low-income neighborhoods.
As a result, smaller and economically depressed cities are forced to
compete with Beverly Hills, Miami, and Manhattan. Foreign investors--
who ultimately want a green card--want to put their money in glitzy
hotels and luxurious condo projects where there is a higher return.
Targeted employment areas are at the heart of the controversy about
EB-5 and are the principal reason we were unable to pass commonsense
reforms last year. Yet we proposed a lot of good reforms. For example,
the Grassley-Leahy-Conyers-Goodlatte proposal, for the first time,
incentivized EB-5 investment in manufacturing and infrastructure
projects.
Manufacturing employers create direct, long-term, quality jobs in
their communities. As for infrastructure, we have lots of needs in the
Midwest, including rail and river transportation, wastewater treatment
plants, and bridges. More EB-5 capital in infrastructure projects would
reduce the
[[Page 13416]]
burden on taxpayers, especially when local governments are up against
Federal mandates.
We also proposed reallocating the visas--carving out enough for rural
and high unemployment areas but leaving more than half of the visas for
projects that come in at the higher investment level. We even offered
to give affluent areas their own carve-out. Yet one proposal suggested
to us was to make the visas cheaper. They want to reduce the amount an
investor has to pay for a green card. They also want more visas. The
demand for visas is through the roof, yet they want to reduce the
price.
My colleagues and I have been willing to engage with other Members on
this issue. We have made so many concessions. I am not sure how much
more we can give, especially when there are increasing calls to end the
program. The status quo is not acceptable. It is time for things to
change.
I encourage my colleagues to join the ranking member and me in our
request for reforms. I hope this body will think twice before allowing
the program to continue as is.
____________________
TRANSPARENCY AND GOVERNMENT OVERSIGHT
Mr. GRASSLEY. Now, Mr. President, I would like to use that additional
60 seconds.
Another issue I want to raise with Senate leadership is transparency
and our responsibility of government oversight.
Last week, I spoke about the danger of allowing agencies to
improperly use the Office of Senate Security to keep information secret
even when it is unclassified.
I said that if we let the FBI get away with hiding the Clinton
investigation documents from the public, then other agencies would
abuse the system to undermine transparency and oversight. That is
exactly what is happening.
The State, Treasury, and Justice Departments are trying the same
trick to hide documents about the Obama administration's transfer of
billions of dollars to Iran for hostages.
These unclassified documents requested by the Judiciary Committee are
being locked away in the basement of the Capitol. They are being
treated as if they are classified, but they are not.
The Committee was not consulted and did not agree to these burdensome
and unnecessary document controls.
With the Clinton investigation documents, the FBI improperly mixed
classified and unclassified documents together in order to keep the
unclassified documents secret. But, this time every paragraph and every
page of the Iran hostage payment documents is 100 percent unclassified.
So why send it to Senate Security? Why keep it locked away from the
public and congressional oversight? Why would the Senate participate in
this scheme to undermine transparency?
If the Senate, as an institution, wants to take its oversight
responsibility seriously, we should not be helping the executive branch
hide embarrassing information from the American people.
The PRESIDING OFFICER (Mr. Rubio). The Senator's time has expired.
Mr. GRASSLEY. I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. McCONNELL. Madam President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER (Mrs. Fischer). Without objection, it is so
ordered.
____________________
CONCLUSION OF MORNING BUSINESS
The PRESIDING OFFICER (Mr. Sasse). Morning business is closed.
____________________
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017--MOTION TO PROCEED
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of the motion to proceed to H.R. 5325, which the
clerk will report.
The senior assistant legislative clerk read as follows:
Motion to proceed to Calendar No. 516, H.R. 5325, a bill
making appropriations for the Legislative Branch for the
fiscal year ending September 30, 2017, and for other
purposes.
The PRESIDING OFFICER. All postcloture time has expired.
The question is on agreeing to the motion.
The motion was agreed to.
____________________
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017
The PRESIDING OFFICER. The clerk will report the bill.
The senior assistant legislative clerk read as follows:
A bill (H.R. 5325) making appropriations for the
Legislative Branch for the fiscal year ending September 30,
2017, and for other purposes.
Amendment No. 5082
(Purpose: In the nature of a substitute)
Mr. McCONNELL. Mr. President, I have a substitute amendment at the
desk that I ask the clerk to report.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell], for Mr. Cochran,
proposes an amendment numbered 5082.
Mr. McCONNELL. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. McCONNELL. I ask for the yeas and nays on my amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 5083 to Amendment No. 5082
Mr. McCONNELL. Mr. President, I have an amendment that is at the desk
that I ask the clerk to report.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 5083 to amendment No. 5082.
Mr. McCONNELL. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end add the following:
This Act shall take effect 1 day after the date of
enactment.
Mr. McCONNELL. I ask for the yeas and nays on my amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 5084 to amendment No. 5083
Mr. McCONNELL. Mr. President, I have a second-degree amendment at the
desk.
The PRESIDING OFFICER. The clerk will report the amendment.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 5084 to amendment No. 5083.
The amendment is as follows:
Strike ``1 day'' and insert ``2 days''.
Amendment No. 5085
Mr. McCONNELL. Mr. President, I have an amendment to the text
proposed to be stricken.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 5085 to the language proposed to be
stricken by amendment No. 5082.
The amendment is as follows:
At the end add the following:
This Act shall take effect 3 days after the date of
enactment.
Mr. McCONNELL. I ask for the yeas and nays on my amendment.
The PRESIDING OFFICER. Is there a sufficient second?
[[Page 13417]]
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 5086 to Amendment No. 5085
Mr. McCONNELL. Mr. President, I have a second-degree amendment at the
desk.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 5086 to amendment No. 5085.
The amendment is as follows:
Strike ``3 days'' and insert ``4 days''.
Motion to Commit with Amendment No. 5087
Mr. McCONNELL. Mr. President, I have a motion to commit H.R. 5325
with instructions, which is at the desk.
The PRESIDING OFFICER. The clerk will report the motion.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] moves to commit
the bill to the Appropriations Committee with instructions to
report back forthwith with an amendment numbered 5087.
The amendment is as follows:
At the end add the following:
This Act shall take effect 5 days after the date of
enactment.
Mr. McCONNELL. I ask for the yeas and nays on that motion.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 5088
Mr. McCONNELL. Mr. President, I have an amendment to the instructions
at the desk.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 5088 to the instructions of the motion to
commit H.R. 5325.
The amendment is as follows:
Strike ``5'' and insert ``6''.
Mr. McCONNELL. I ask for the yeas and nays on that amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 5089 to Amendment No. 5088
Mr. McCONNELL. Mr. President, I have a second-degree amendment at the
desk.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 5089 to amendment No. 5088.
The amendment is as follows:
Strike ``6'' and insert ``7''.
Cloture Motion
Mr. McCONNELL. Mr. President, I have a cloture motion at the desk for
the substitute amendment.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The senior 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,
do hereby move to bring to a close debate on Senate amendment
No. 5082 to H.R. 5325, an act making appropriations for the
Legislative Branch for the fiscal year ending September 30,
2017, and for other purposes.
Mitch McConnell, Mike Rounds, Thad Cochran, John Cornyn,
Daniel Coats, Roger F. Wicker, Thom Tillis, John
Barrasso, Lamar Alexander, John Hoeven, Pat Roberts,
Orrin G. Hatch, Susan M. Collins, Lisa Murkowski, Steve
Daines, Tom Cotton.
Cloture Motion
Mr. McCONNELL. Mr. President, I have a cloture motion at the desk for
the underlying bill.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The senior 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,
do hereby move to bring to a close debate on H.R. 5325, an
act making appropriations for the Legislative Branch for the
fiscal year ending September 30, 2017, and for other
purposes.
Mitch McConnell, Mike Rounds, Thad Cochran, John Cornyn,
Daniel Coats, Thom Tillis, Roger F. Wicker, John
Barrasso, Lamar Alexander, John Hoeven, Pat Roberts,
Orrin G. Hatch, Susan M. Collins, Lisa Murkowski, Steve
Daines, Tom Cotton.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
mandatory quorum calls under rule XXII be waived for these cloture
motions.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. McCONNELL. Mr. President, there have been broad requests for a
clean continuing resolution. So that is what I have just offered. It is
a result of many hours of bipartisan work on both sides of the aisle.
It is a fair proposal. It funds all current government operations
through December 9, while also providing funding for the new
legislation we have just passed overwhelmingly and that the President
has signed. That is legislation to address the heroin and prescription
opioid epidemic as well as the TSCA bill.
It contains a sufficient downpayment on flood relief for many States,
including Maryland, West Virginia, and Louisiana, and, of course, it
includes important resources to support our veterans and combat Zika.
These are resources needed to help develop a vaccine and promote
mosquito control.
Members will have the next 4 days to review before any votes are
taken in relation to the issue. Further, we expect the President to
either sign or send up the veto message on JASTA by tomorrow. Beginning
the process on the clean CR today will ensure that there is adequate
time to finish before the override vote and before the current
government funding runs out next week. Then we can turn to the veto
override.
I look forward to continuing with bipartisan cooperation so we can
complete our important work on Zika, veterans funding, and the clean CR
that will fund the government through December 9.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, I rise as the ranking member on the
Appropriations Committee. I want to say to my colleagues on both sides
of the aisle that over the past few weeks, we Democrats have negotiated
with the Republicans to come up with a responsible continuing funding
resolution that keeps the government open through December 9, giving
Congress time to complete an appropriations process.
Our goal was to respond to compelling urgent needs: Zika, Flint,
floods in Louisiana, and also our national security as well as those
things that are important to the economy of the United States of
America. We wanted to be sure it did not include any poison pill riders
but did contain the continuing funding for veterans and military
construction. Our negotiations have been cordial and productive. I
compliment the other side of the aisle on their professionalism and on
their civility.
We are now down to a handful of issues, but they are down to the real
issues. The majority leader has filed a Republican-only bill with a
substitute that has now been placed before the Senate today. We
Democrats cannot vote for that substitute and urge others to vote
against it.
We want to be sure we avoid a government shutdown and a government
showdown and continue the constructive talks that we have had, but the
substitute offered by the Republican majority leader falls short. What
is wrong with the bill before us?
One, it fails to help the people of Flint, MI; 100,000 people in
Flint, MI, are still waiting for their water to be clean and safe;
9,000 children have already had lead exposure that can cause permanent
and irreversible damage. It tells Michigan to keep waiting in line.
We know the people of Louisiana have been hit by terrible floods. We
don't want to just give lip service in response to their needs but
Louisiana is
[[Page 13418]]
not the only ``need'' in America. We believe the people of Flint, MI--
the people of Flint who have been waiting for more than 1 year--should
be included in this continuing resolution.
I want to be clear. We do want to help the people of Louisiana, but
we also want to help the people of Flint. The other side of the aisle
says Flint can be handled 2 months from now with a bill called WRDA--
the water resources development bill. The House has made no commitment
to help Flint in that bill. They haven't even brought WRDA to the floor
for action.
The people of Flint need help now. They actually needed help 9 months
ago. Remember, they are in a jackpot because of flawed budget cuts and
our failure to enact a comprehensive infrastructure bill where cities
like Flint, Baltimore, and so on could do something about their aging
water infrastructure and at the same time create American jobs in our
own urban communities.
The Senate passed Flint funding on the WRDA bill 95 to 3 last week.
So why wait? It is paid for. We have a framework for proceeding. Let's
just do it. Also, while Democrats continue to fight for Flint, we will
not stand by on partisan policy riders such as the SEC political
disclosure to a 10-week continuing funding resolution.
I know the 135,000 Marylanders who work for the Federal Government
want to stay on the job. I want them to know we are working very hard
to keep the government open and to avoid a shutdown or a slamdown. We
need to make sure we help our veterans. We need to make sure we have
the funds to fight Zika and the terrible challenge of children being
born with the most horrific and lifelong--as short as their little
lives might be--permanent handicaps, and we want to help Flint. Most of
all, we know that in a trillion-dollar budget that funds both domestic
and military, we have a framework to move ahead.
Very serious work has been done on national security: the funding of
the Department of Defense, the funding of other agencies that
contribute to our national security, whether it is the State Department
and diplomatic efforts, whether it is Homeland Security. Didn't they do
a good job responding last weekend to the challenges in New York? In
every community we face these.
At the same time, when you look at the Labor-HHS, an agency such as
the National Institutes of Health, we want them to keep the lights on
so they can keep the light of hope going on to make sure we find cures
for disease. We will say more about this.
We appreciate the majority leader for continuing conversation with
us. We are a work in progress. Let's get back to work. Let's continue
to make progress. We have taken steps forward. Let's not take steps
sideways or take steps backward. Let's continue making progress. Let's
get rid of the poison pill riders. Let's come to an agreement on how we
can help Louisiana and help Flint and resolve some of these other
issues.
Mr. President, we look forward to more conversation, more
constructive conversation, and our side of the aisle stands ready to
engage in those conversations and negotiations. I urge my colleagues to
be on standby and to wish us well so we keep doing the job we were
elected to do.
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. COTTON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Supporting Our Nation's Law Enforcement Officers
Mr. COTTON. Mr. President, today I want to talk about the brave men
and women who put their lives on the line each day to keep us safe--law
enforcement officers. Last month I spent much of my time meeting with
various law enforcement agencies across Arkansas. In the wake of the
shooting in Dallas and other violence against police officers, I wanted
Arkansas' law enforcement officers to know that I support them and that
Arkansans support them. I wanted to learn a little more about what life
looks like from their perspective.
From the North Little Rock Police Department, to the Prosecuting
Attorneys Association, to the Federal prison in Forrest City, to the
Arkansas Sheriffs' Association in Northwest Arkansas--each of these
meetings left me confident in our State's law enforcement officers and
provided me with valuable insight into the law enforcement community.
Police officers in Arkansas and across the country have a difficult
job, one that is unlike any other career. In the Army, my soldiers and
I fought overseas to keep our country safe, but at the end of our
tours, we went home, and many of us transitioned to other safer jobs.
But for law enforcement officers, there is no end to the tour. They put
their lives on the line every single day to keep us safe. We owe them a
debt of gratitude, and we ought to find ways to support our officers
more and ensure that their communities and the country as a whole have
a better understanding of their hard work and sacrifice.
Each of the law enforcement groups I met had a similar message: Law
enforcement officers need support, cooperation, and assistance. They
need support from their communities and their leadership at every
level--local, State, and Federal. They need to know that we are on
their side, and in the face of controversy, they need to know they have
leaders who will be a steady hand.
Given the controversy surrounding law enforcement recently, it is
easy to take a different view, but most officers, like most soldiers
with whom I served in the Army, are committed to upholding the
discipline and integrity of their force. They want those who violate
policy and especially the law to be held accountable, but they also
want those decisions made in a factual, unbiased way.
To keep us safe, law enforcement officers also need the cooperation
and assistance of those they are sworn to protect. They know this will
help them not only to investigate and punish crime but also, and more
importantly, to stop crime before it happens. They have a constant and
regular presence which serves not only to deter the criminal element
but also to reassure and gain the support of the vast majority of law-
abiding Arkansans who are going to provide the tips or help smooth the
waters in moments of tension.
So how do we achieve these things? I believe there are a few simple
steps. First, take a moment to recognize our law enforcement officers
and the vital work they do. So many officers commented to me how
thankful they were to see yard signs announcing support for the police
or when someone picked up their lunch or just said a simple thank you.
Law enforcement is a tough job and it can be a little strange.
Officers dedicate their lives to protecting law-abiding citizens, who
are the vast majority of all Americans. Yet they have to spend much of
their time around the tiny minority and the criminal element to protect
those law-abiding citizens. Therefore, it means a lot when they hear
from you.
Second, law enforcement agencies ought to continue their outreach
efforts to the communities they serve. On a visit to the Jonesboro
Police Department, Chief Rick Elliot told me: ``It all gets back to
community relations and outreach.'' I was struck by how many of our
police officers in Arkansas work to become integral parts of their
communities.
In El Dorado, the police department recently shared a video of an
officer singing and dancing with local kids at the area Boys & Girls
Club. The Little Rock Police Department announced an upcoming ``Coffee
with a Cop'' event, which will allow Arkansans to come and meet their
police officers in a casual setting. A school resource officer in
Morrilton made State and national news last month for starting ``Cop
Car Karaoke'' to get to know his students better. I could go on.
But let's be honest. These aren't the stories dominating the
headlines.
[[Page 13419]]
These days, it seems like the police make the news most often when
there is an officer involved in use of force, like in Ferguson or now
in Charlotte, or when cops are gunned down in the line of duty, like in
Dallas and Baton Rouge. Sadly, these stories often have a racial
element, too, which, of course, drives more media coverage. We haven't
seen a story like this in Arkansas lately, but the law enforcement
officers with whom I spoke all knew it could happen at any time. That
is one reason why they stressed community engagement so much,
especially in Black neighborhoods where tensions can run the highest.
So the final step, after citizens and law enforcement officers do
their part, is for elected leaders and community leaders to do ours.
Too often, leaders jump to conclusions after an officer-involved use of
force, not least so they can jump in front of a television camera. But,
as we have seen in Ferguson and Baltimore, for example, first
impressions can often be wrong. One thing I learned in the Army is that
first reports often, even usually, are wrong or at least incomplete.
Our leaders shouldn't fan the flames of racial tension and divide our
communities before all the facts are known. After all, there is always
a neutral, impartial inquiry following an officer-involved use of
force, especially a shooting. Our leaders ought to let those inquiries
occur in a calm, dispassionate setting and call upon all other citizens
to do the same. They certainly should never condone rioting.
When the use of force is justified, we ought to support the officer,
and when it is not, the public demands accountability.
During my visits around the State, I met with several veteran
officers, but I also spoke with many new recruits and newly hired
officers. You might expect these rookies to be discouraged by anti-
police protests and the recent assassinations of law enforcement
officers. On the contrary, they said they were more motivated than ever
to prove themselves to the people they serve and to honor the
sacrifices of those officers killed in the line of duty. We are lucky
to have men and women like them.
As I left my meeting with the officers at the Arkansas State Police
Headquarters in Little Rock, I stopped to pay my respects at the Hall
of Honor, a memorial dedicated to the troopers who lost their lives in
the line of duty. Toward the back of the room, above a small star for
each lost trooper, inscribed in the wall are the words ``In Valor There
is Hope.'' These words are particularly poignant right now.
I am grateful for every officer at every department and agency who
displays professionalism and courage in the face of danger every day.
In their valor, the American people do, indeed, find hope.
Thank you.
God bless our men and women in blue.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Ms. WARREN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Tribute to Emily Winterson
Ms. WARREN. Mr. President, today I rise to celebrate the retirement
of Emily Winterson, an immigration specialist in my Boston office, who
has served the people of Massachusetts and the United States for over
32 years.
Emily began working in the Senate on March 7, 1984, and has worked
for four consecutive Massachusetts Senators since then. First, Emily
worked in the office of Senator Ted Kennedy for over 20 years. When
Senator Kennedy passed, she stayed on to work for Senator Paul Kirk,
then Senator Scott Brown, and now she has been on my team in the Boston
office since I was sworn in.
As my colleagues know well, there are two parts to a Senate office.
The side the Nation hears about most often and is in the news is the
legislative work we do right here in Washington. But there is an
equally important side to our work, and that is the help we provide
back home. We would not be able to offer this critical help without
devoted people like Emily Winterson. Emily has committed entirely to
this work, and she has touched the lives of countless families across
the State of Massachusetts. With her years of expertise and her
relentless determination, she has helped people navigate our complex
immigration system, and she does it all with exceptional humility and
grace.
When someone has a last-minute passport problem and may not be able
to make the trip with the group from the temple or the church, Emily
has been the one to cut through the redtape. When a student needs a
visa to be able to attend one of our great universities, Emily is
there. When extraordinary musicians or performers from around the world
needed help getting into the country, Emily was there. When families
needed her most, when foreign adoptions were tangled up and families
were divided or stranded, Emily was there. When sick children needed to
get medical care at world-class hospitals in Boston and around our
State, Emily was there. No matter the issue, Emily always knew the
right people to call to get results in government offices both here and
abroad--and they all knew Emily.
There are too many stories to count, but I want to tell just one. A
young woman came from China to the United States to study medicine at
Boston University. While she was here, she was diagnosed with leukemia.
She had no family in America and she desperately needed help getting a
visa for her sister to come to the United States to help take care of
her. As have so many others, she reached out to Emily for help.
Now, Emily was able to get the visa for her sister to come and to
support her through a long and very difficult treatment, but the story
doesn't stop there. Without any form of financial support and unable to
work, the young woman faced eviction. Together with the help of
Catholic Charities, Emily helped secure the funds needed to help her
get caught up on her rent.
During all of this, the young woman's student visa expired, which
left her ineligible for health care. Once again, Emily got to work and
was able to obtain deferred action on her visa. Emily even helped her
find an apartment near the hospital when she was being treated, and in
her usual ``do more than anyone would expect,'' Emily even helped her
furnish the place.
Still, the young woman's health worsened. As she was nearing her
final days, her last wish was to see her mother, whom she had not seen
for 12 years during her studies. Again, Emily concentrated all of her
efforts on securing an expedited visa for her mother so she could be
with her before she passed. Because of Emily's tireless work, this
young woman, far from home, spent her final days with the support and
care of her mother and her sister.
Emily was there for her through thick and thin. When this young woman
needed help and had no one to turn to, Emily was there. With steadfast
commitment, Emily fought for her.
Now, this is just one of many stories that together form the fabric
of Emily's life work. At a time when many Americans feel that
government is not working for them, a system that too often overlooks
those in need, Emily is a shining example of the powers of public
service. She embodies the link between government and the people. She
has dedicated her working life to making government fulfill its most
fundamental mission--improving the lives of the people it serves.
Emily Winterson has shown us all that when we take time to listen to
someone's story, when we have the compassion to care about their
troubles and the determination to fight on their behalf, we have the
power to improve each other's lives. This is government by the people
and for the people. Emily is American politics at its best. This is the
legacy that Emily leaves behind.
We will all miss her greatly. Although we are sad to see Emily leave,
we could not be happier for her as she begins her much earned
retirement in
[[Page 13420]]
October. I know she is looking forward to gardening, to working on her
memoirs, and to spending more time with her children and her
grandchildren.
So, Emily, on behalf of the people fortunate enough to work alongside
you, for the State of Massachusetts and for the thousands of people you
have served, thank you. We wish you the best as you move into the next
chapter of your life.
Thank you, Mr. President.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. PORTMAN. 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. PORTMAN. Mr. President, I ask unanimous consent that the Senate
be in 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.
____________________
PRESCRIPTION DRUG AND HEROIN EPIDEMIC
Mr. PORTMAN. Mr. President, I want to start by thanking my colleague
from Indiana for his indulgence, and I look forward to hearing his
remarks. We were both on the floor today waiting to speak while we
tried to work out differences with the continuing resolution. I am
hopeful those issues can be resolved so we can have a process to move
forward with our spending bills.
In the meantime, I need to talk on the floor today about an ongoing
issue in all of our communities around the country, sadly, which is
this issue of prescription drug abuse, heroin, and now fentanyl. It is
really an epidemic. It is now the No. 1 cause of accidental death in my
home State of Ohio, and more recently it is the No. 1 cause of
accidental death in our country, surpassing car accidents. It is
something that is taking thousands of lives every year, and it is
something that is tearing families apart, causing crime, creating real
hardship for so many families, and hurting the economy.
President Obama and his administration declared this week
Prescription Opioid and Heroin Epidemic Awareness Week, and I commend
him for that. I think raising the awareness of this issue is really
important right now. Having a national conversation on this issue is
really important right now.
This is the opportunity I take every week to come to the floor. I
have been doing it since before we passed the Comprehensive Addiction
and Recovery Act back in March. I come every week to talk on the floor
about the importance of addressing the issue. Initially, it was to get
the legislation passed, and we did that. Now we are implementing the
legislation and even adding additional legislation because of this new
wave of addiction that we are seeing and overdoses and deaths based on
synthetic heroin, also called fentanyl or carfentanil or U-4, which is
coming into our communities.
About once a month, I have a tele-townhall, and I ask people on the
call a number of questions that they answer about their top priorities.
I started out by asking this question: How many of you have been
directly affected by the heroin and prescription drug epidemic in Ohio?
I will tell you, sadly, that in the last few calls we have had
surprising results, which is that roughly half of the people on the
call say they have been affected, whether I am calling people in
Cleveland, Columbus, or in rural areas--no matter where it is. I
recently called people in Canton, OH, and Wood County, outside of
Toledo, and 49 percent of the people on the call said yes, they have
been affected directly.
Earlier this month I talked to people in my town of Cincinnati, and
it was 51 percent. Here is something even more alarming. A couple of
months ago, I called people in southeast Ohio. Some of you know that
Portsmouth, OH, is an area that, unfortunately, has been hit
particularly hard. In fact, there is a book that some may have read,
and if you have not and you are interested in this issue, I would
recommend it. It is called ``Dreamland,'' by a man named Sam Quinones.
What the author talks about is the history behind this prescription
drug, heroin, and opioid epidemic and some suggestions for us on how to
address it.
In any case, I called southeast Ohio. ``Dreamland'' is based on a
community center swimming pool. It is the name of a swimming pool in
Portsmouth, OH, and 68 percent of the people on the call said they were
directly affected. Typically, we have about 20 to 25,000 people on the
call, and 68 percent said they were directly affected. That is
alarming, but it doesn't surprise me because I see it when I am home.
So many other people are seeing it now, too. As some know, recently
there was something that went viral on Facebook. It was a photograph of
two people passed out in the front of a car and a child in the
backseat. It happened in northeast Ohio, in East Liverpool, OH. This
has been shared thousands and thousands of times, and commented on
thousands and thousands of times. The two people in the front seat were
the grandmother and her boyfriend and a grandson was in the backseat,
age 4. They were passed out, overdosed in the front seat, and he was
looking confused and alarmed in the backseat.
This, unfortunately, is something that is happening around our
country. The East Liverpool police said at the time:
It is time that the non-drug-using public sees what we are
dealing with on a daily basis. . . . The poison known as
heroin has taken a strong grip on many communities--not just
ours.
I agree with them. They see these images every day, not just in East
Liverpool but in your hometown and in your county. This is not the only
child who has watched his parents overdose. In Cleveland, 2 weeks ago,
a 6-year-old boy was found in Barkwell Park shaking and crying next to
his parents, who were both unconscious from heroin overdoses.
Another incident that has received national attention is the spike of
24 heroin overdoses in Akron, OH, 1 week ago today. So far 112 people
in Akron, OH, have died from overdoses this year. That is already a
record. Already this year more people have died in Akron than all of
last year. This follows an even larger spike of overdoses in my
hometown of Cincinnati, OH, where since August 19, there have been 300
heroin overdoses. During a 6-day period there were 174 overdoses. I
went to the firehouse that responded to the largest number of those
overdoses and talked to the firefighters about it. They talked about
administering Narcan. This miracle drug actually can reverse the
overdose. Typically, it is administered once. With regard to these
overdoses, they saved so many lives--34 lives. They had to use Narcan
not once, not twice, not three times but four or five times. We found
out later--and I was able to get samples to Cincinnati to find this
out--that there was carfentanil mixed with the heroin. This is a
synthetic drug that traffickers are now using that is far more powerful
even than heroin. Carfentanil is actually something that is a sedative
for large animals such as elephants, and yet traffickers are using this
along with heroin.
The Hamilton County coroner confirmed that eight of the overdoses in
this 6-day period were a direct result of carfentanil. Some of these
victims were not brought back to life. Some of them did pass away. But
these brave first responders responded quickly, professionally, and
were able to save all but 4 or 5 lives out of 174 in a 6-day period--
incredible. This new drug called fentanyl is incredibly powerful. It is
a substance so strong that only a few flakes of it ingested by a human
being can kill them.
If you want an idea of how addictive this stuff is, consider the
story of a woman in Massillon, OH, who last Saturday used heroin with
her boyfriend. He died of an overdose right next to her, and, according
to police, after he died, she left his corpse lying there for 11 hours
while she went out to get more heroin.
[[Page 13421]]
I have met with addicts who are still using, and I have met with
those in recovery all over Ohio. I have met with several hundred people
who have a story to tell. I am told again and again by those in
recovery the same thing: The drug becomes everything. The drug becomes
more important than family, more important than work, more important
than anything, leading them to do what many of these people have never
done before, which is commit crimes to pay for their habit.
As addictive as heroin is, fentanyl can be 50 to 100 times more
powerful. According to the DEA, the Drug Enforcement Agency,
carfentanil can be many times more powerful, 10 times as powerful as
morphine. It is used primarily to take down elephants and used as a
sedative. The police officer in Newtown, OH, who heads up our Hamilton
County drug task force said: ``The side effect of carfentanil is
death.''
These synthetic drugs are contributing in Ohio to our rapid increase
in overdoses. Since 2000, the number of annual opioid overdoses in Ohio
has increased dramatically. We are losing one life to overdose every 3
hours. We happen to have information now coming in on fentanyl. Just in
the last 2 years, according to records, from 2013 to 2015, we saw a 13-
fold increase in fentanyl-related deaths. Just 3 years ago, about 1 in
20 deaths in Ohio was a result of fentanyl. Now it is more than one in
three. Sadly, I expect that number to rise substantially this year,
based on the information we have.
The message today for those who might be listening or a family member
who might be listening is, if you are suffering from this addiction,
get treatment. Find some place that provides treatment, longer term
recovery. This legislation, the Comprehensive Addiction and Recovery
Act, which passed this House with a vote of 92 to 2, will help provide
for treatment and recovery. It is the first time we have ever dealt
with recovery in the Congress. It is very important.
If you don't know whether the heroin that is on the street contains
these deadly synthetic drugs, you need to be extremely, extremely
careful. As Coroner Sammarco in Hamilton County puts it, every time you
buy heroin or every time you inject it, ``you may be literally gambling
with your life.''
These drugs that are devastating Ohio don't come from Ohio. They
don't come from any of our States. We are told they come from overseas,
primarily from China. There are laboratories in China that are
developing this poison--this fentanyl and carfentanil. Some of the
labs, we are told, also are in India.
The drugs that are coming from China and India then come through the
U.S. mail. It comes from their postal system and our postal system into
the United States. It is unbelievable, but the poison is coming in the
mail to our communities. It is easy to do. Because unlike private
carriers, such as UPS or FedEx, in the mail system a package can be
sent without having any information attached to it. It shouldn't be
that easy, and it doesn't have to be. We want to close this loophole.
It is a commonsense idea that will help to keep our streets safer and
help prevent some of these deadly overdoses from synthetic heroin.
Customs and Border Protection has told us that if we had advance
electronic data on these packages from overseas, like we must have from
private carriers, such as UPS or FedEx, it would help to ensure that
these dangerous drugs wouldn't end up in the hands of the drug
traffickers or, worse yet, in the hands of our family members and
friends.
That is why we introduced the Synthetics Trafficking and Overdose
Prevention Act, or STOP Act. It is very simple. It is to help keep this
poison off the streets by closing a loophole and requiring that same
advance electronic data to come with all these packages coming from
overseas showing where it is coming from, what is in it, and where it
is going. They are using the mail system because they don't have to
provide that now.
This legislation goes hand in hand with the Comprehensive Addiction
and Recovery Act that we talked about earlier, which both Houses passed
by nearly unanimous votes and the President signed in July. This
legislation is a tremendous step forward and is very comprehensive,
dealing with the prevention, intervention, treatment, and recovery and
helping to provide law enforcement officers with the Narcan they need.
It helps in getting the drugs off the shelves with the take-back
program. It is a good bill, but I think this is complementary to it--to
deal with it now and to stop this new surge of fentanyl and
carfentanil.
I urge the administration, especially in light of these tragic events
recently and during this Prescription Opioid and Heroin Epidemic
Awareness Week to implement the CARA legislation as soon as possible.
There are a number of new programs that must be implemented for our
veterans and for pregnant women and the babies born with dependency to
ensure they are getting the funding that they need. The President and
the administration, if they get these programs up and running, will be
able to make a bigger difference sooner.
Let's also increase the funding for opioid programs. We have a 47-
percent increase in the funding for this year, the fiscal year we are
in right now. But we are coming to the end of the fiscal year. CARA has
another $181 million per year in authorized funding per year going
forward for this opioid issue--heroin, prescription drugs, fentanyl. We
should make a down payment for that in this continuing resolution. I
know it is only a short-term continuing resolution that we are talking
about on the floor here today in order to keep the funding going. We
need to make a down payment to ensure CARA is funded.
If you are one of the 92 Senators who supported the CARA Act, I hope
you will look at the STOP Act. It is complementary to CARA. It will
help deal with the very real problems we face by limiting the supply of
these dangerous drugs. It is a bipartisan bill. Last week, Patrick
Tiberi and Richard Neal introduced the STOP Act in the House. So we
have a companion bill in the House that is bipartisan. They both have a
real passion for this issue, and I appreciate them.
Everything that we are doing in this area is important right now.
Every Senator should be involved. If you are tough on crime, you should
care about the increase in crime that is being created by this. If you
are concerned about the innocent victims of an addiction epidemic, you
should support this legislation to help protect those children who are
being born with addictions. If you want to be tougher on China or if
you want better border security, you should support this legislation to
try to shut off this poison coming into our States from other
countries. If you care about----
The PRESIDING OFFICER. The Senator has used 10 minutes.
Mr. PORTMAN. Mr. President, I ask unanimous consent for 1 additional
minute.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. PORTMAN. Mr. President, again, this is an issue that has brought
us all together in the past. Let's continue to work together on this on
a bipartisan basis to begin to turn the tide on this epidemic before it
is too late, before we lose more of our young people, before we have
more communities devastated by this crisis.
I yield the floor.
The PRESIDING OFFICER (Mr. Hoeven). The Senator from Michigan.
____________________
AUTOMATED VEHICLES
Mr. PETERS. Mr. President, I rise today to speak about the incredible
future of mobility in this country. Earlier this week, the Department
of Transportation, or DOT, made history by releasing its official
Federal policy for automated vehicles. This marks a major milestone in
the effort to bring driverless cars to American roads and to ensure
that our country remains the world leader in the next generation of
transportation.
DOT's Federal policy contains four key components. The first outlines
a 15-point safety assessment for the safe design, development, testing,
and deployment of automated vehicles. This
[[Page 13422]]
is a meaningful first step, the first Federal guidance for automotive
manufacturers seeking to develop and deploy these new technologies.
The second component outlines the distinct Federal and State roles
for regulation of automated vehicles, moving us toward a uniform
national framework for the regulation in this space.
Third, the policy makes a Federal commitment to expedite the safe
introduction of automated vehicles into the marketplace. The Department
of Transportation will streamline its procedures to be more responsive
to consumers and innovative manufacturers alike.
Finally, the policy presents a number of novel considerations that
Congress should closely examine. This includes new tools and
authorities that the DOT might need in the future as automated vehicle
technology advances and we begin to see deployment on a much wider
scale.
Last year, over 35,000 lives were lost in motor vehicle crashes. We
saw the largest annual percentage rise in deaths on our roads for the
past 50 years--50. This is simply unacceptable. Connected and automated
vehicle technologies have the potential to drastically reduce this
troubling statistic and help ensure that at the end of the day, our
children, our parents, and all of our family and friends are able to
travel on our roads and make it home safe and sound.
We need to roll up our sleeves and do our part to ensure successful
implementation of this policy. Many of our existing laws and
regulations were enacted long before modern vehicles. Now is the time
to consider updating policies from a time when the most advanced
onboard electronics in our cars and trucks were AM radios. We need to
do this the right way and ensure that these cars and trucks are
introduced safely as we work through the challenges facing wide-scale
deployment and the adoption of these absolutely revolutionary
technologies. This means we need to take a hard look at issues such as
automotive liability, consumer education, data and cyber security, and
the future of the American workforce.
As a member of Senate Commerce Committee and as the cofounder of the
Smart Transportation Caucus, I am committed to leading these important
discussions on Capitol Hill. As a start, I would like to take a moment
to highlight some of what I believe are the key aspects of DOT's four-
part Federal policy. Safety, of course, is paramount, and the new
safety assessment emphasizes consumer education and awareness. Just as
prior generations had to adapt to the innovation of stoplights and the
construction of interstate highways, Americans in the coming months and
years will learn how to operate and share the road with automated
vehicles.
To save lives, consumers must trust that the technology underpinning
this revolution in transportation is completely safe. It will require
public-private cooperation to improve consumer understanding and
adoption of these technologies. We also cannot ignore the new threats
facing modern vehicles, as they are increasingly connected to each
other and to the infrastructure.
It is critical that the 15-point assessment promotes built-in cyber
security from the very start of vehicle development lifestyle. I am
encouraged that DOT is addressing data recording, data sharing, and
data privacy. We need to know how these automated systems work and what
happens when they don't. We also need to ensure that this data is
shared and protected.
Finally, I support DOT's emphasis on continuing collaborative work
among industry, government, academic, and R&D communities to advance
automated vehicles. In Michigan, we have already seen the benefits of
such collaborative work at the Mcity testing facility in Ann Arbor.
Soon, joint advanced research will take place on a much larger scale at
the American Center for Mobility in Ypsilanti, where we will be
testing, validating, and certifying the vehicles that will be driving
America in the coming years.
I look forward to the continued partnership with DOT to help advance
the innovation that is driving the future of mobility, and I want to
thank Secretary Foxx and Administrator Rosekind for their focus and
hard work that made this week's historic announcement possible.
This guidance demonstrates that America will be the global leader in
the development and deployment of advanced vehicle technologies. You
know, just 8 years ago, people were predicting the financial ruin of
the auto industry here in America. Today, not only have we had the auto
industry come roaring back with record sales, but we are now working to
produce some of the greatest and most important innovations in American
manufacturing history.
(The remarks of Mr. Peters pertaining to the introduction of S. 3381
are printed in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Mr. PETERS. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. COATS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
WASTEFUL SPENDING
Mr. COATS. Mr. President, I have put this poster up for Waste of the
Week to address waste, fraud or abuse of taxpayers' hard-earned
dollars, and this is week 51.
Today I am here to draw attention to the $2.3 billion owed to the
United States from uncollected anti-dumping and countervailing duties.
These are nations that have violated our trade laws, that signed up
through trade laws or trade agreements, and then violated those--or
companies from those countries that have violated those. There are laws
that prohibit that and enforce that, and this is what it ought to be.
Let me say at the outset here that I do support international trade.
It bolsters our economy; the statistics show that. It creates new
opportunities for American businesses overseas, and it enhances
America's security and global roles.
Trade raises economic prosperity; it has been a proven fact. Just
take my State of Indiana. In recent years, Indiana has exported over
$34 billion in goods and services. Hoosier manufacturers export
automobiles, auto parts, industrial machinery, medical devices, and
much more. Indiana is a national leader in pharmaceutical and
agricultural exports. In 2014, our State had the highest share of
manufacturing employment per capita and the highest manufacturing
income share relevant to the total income of any State in our country.
According to statistics, more than one in four--actually one in
five--jobs in Indiana are due to our ability to export overseas. That
has a significant impact on our economy here in Indiana. It is vital
for our State to have strong trade laws that prevent other countries
from engaging in unfair trade so that Hoosier companies can compete
with them on a level playing field.
Having said that, I support international trade for all of the
benefits to my State and to our country. I also strongly support the
use of our trade laws to protect American companies against dumped or
subsidized imports from foreign countries, China in particular.
Under Federal law, anti-dumping duties are special fees that are
placed on products shipped to the United States at unfairly low prices.
Sometimes this occurs when a foreign manufacturer sells a product in
the United States for less than it cost to even make that profit. They
are not even trying to regain their costs. They want our market share,
so they dump products into the United States that undercut our
American-made goods. I will not stand for that. I will not support
that.
Some who support trade laws say that we shouldn't be enforcing these,
that it will ultimately work itself out. I don't believe that. The law
is the law. The agreements are the agreements. They need to be
enforced. Countervailing duties are fees placed on products imported
into the United States
[[Page 13423]]
that are made in countries where the foreign government unfairly
subsidizes the product to lower their sale price.
We are a free enterprise system here in America. Yes, there have been
some subsidies, and we should not be a violator of that in terms of
unfairly breaking the laws, and we generally are not in that situation.
But many countries, we have found and proven through a process, a
judicial process, have unfairly subsidized their products, and we need
to impose the fees and penalties against these countries and these
companies.
Both anti-dumping and countervailing duties are how we fight the
predatory practices of foreign nations that unfairly hurt American
manufacturers by making American-made products more expensive than a
foreign competitor's product. In order to level the playing field for
American companies and their workers, the U.S. Department of Commerce
calculates the duties that should be placed on the imported product to
make up for these predatory trade practices. Once Congress calculates
the money owed to the United States, the U.S. Customs and Border
Protection agency--CBP, which oversees all imports into the United
States--is responsible for collecting these fees that are imposed.
Even though CBP is legally directed to collect all of these fees,
recently the Government Accountability Office discovered that from the
years 2001 to 2014, the CBP failed to collect about $2.3 billion in
anti-dumping and countervailing duties. There are a number of reasons
CBP has trouble collecting these fees, but one key reason the
Government Accountability Office highlighted is that CBP simply does
not assess the fees once the item is initially imported or once
Commerce determines how much is owed. Basically, they are just behind
the curve. So the agency that is responsible for collecting these fees
simply is not doing its job successfully enough. CBP is supposed to
collect the fees within the first 6 months of entry of the product or
assessment, but in its accountability process, the GAO found that of
the 41,000 uncollected bills--41,000 uncollected bills--the median age
of the bills was 4.5 years, and they were supposed to do it in the
first 6 months. Clearly, we have some dysfunction here. Clearly, we
have some waste that needs to be corrected so that we can enforce these
trade laws. Otherwise, we are sending a signal: Go ahead and do it.
Chances are we will get away with it. Their assessment system is not
functional. We have a good chance of avoiding the fee altogether.
That is the signal which is being sent out to countries and
manufacturers all around the world that are dumping or unfairly
subsidizing their products and making our products--our competition
less competitive.
As I said, GAO has found that out of the 41,000 uncollected bills,
the median age is 4.5 years. We need to get them back to the 6-month
standard.
Additionally, we have learned that nearly 1,000 of those uncollected
bills were between 10 years and 13 years old. That is simply not
acceptable. It is a dysfunction of government. It is a dysfunction of
the bureaucratic processes we have to deal with in Washington. If it
were somebody else's money, maybe we could make an excuse for this
dysfunction, but this is taxpayer money. This money is from the hard-
earned money each family takes home at the end of the week to pay the
bills, to pay the mortgage, to save money for college. It is
unacceptable to have this happening in Washington, DC, where this
waste, fraud, and abuse continue to ramp up on our calculator.
American manufacturers work tirelessly to compete on a global market
and sometimes against those who don't even play by the rules. Those who
don't play by the rules have to have the rules enforced. So enforcement
of our trade laws through the assessment of anti-dumping and
countervailing duties is essential to ensure a level playing field for
American workers and to show that predatory practices will not be
tolerated. That is one reason I supported bipartisan legislation that
was enacted earlier this year that would give the Customs and Border
Patrol people the tools necessary to better enforce our trade laws,
such as requiring CBP to better track which foreign companies may be
less likely to pay fees owed to the United States.
Fortunately, CBP has agreed with the GAO's recommendations. Now that
Congress has also provided the Customs and Border Patrol people with
the tools to implement and enforce these recommendations, I am
hopeful--but also watchful--that CBP will improve its track record in
the near future.
We have a responsibility not only to sort out waste of taxpayers'
dollars or misuse of taxpayers' dollars, we have a responsibility to
try to correct the errors, to give the tools to the agencies to do
their job as we have ordered them to do and then to oversee and make
sure. It is one thing that the job is done. It is one thing to come to
the floor and identify a problem. It is another thing to come down here
with my colleagues and offer a solution. It is another thing to follow
up and oversee that solution and see what we can do to make sure this
doesn't happen again. We are far too short on oversight and far too
long on rhetoric.
With that, I am adding $2.3 billion for uncollected anti-dumping and
countervailing duties, bringing our taxpayer price tag to over $328-
plus billion of waste, fraud, and abuse. Think what we could do with
that $328 billion--help our defense, help the National Institutes of
Health produce lifesaving new medical techniques or therapies, pave
some roads, pay for essential functions of the Federal Government, or
even better, not have to take this money from the taxpayers and simply
throw it away.
Mr. President, with that, I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania.
____________________
WILLSEYE HOSPITAL
Mr. CASEY. Mr. President, I rise this afternoon to talk for a few
minutes about a hospital in Pennsylvania, WillsEye Hospital. This is a
hospital which is not only critically important to our State but to the
Nation as well. It serves people from across our State and across the
country.
WillsEye Hospital is a public trust that was gifted to the city of
Philadelphia and founded in 1832. It was the first dedicated eye
hospital in the country, providing care to the blind and the indigent--
something they still do today. They still have that same mission.
Unfortunately, if the Centers for Medicare & Medicaid Services--what
we know as CMS--has its way, WillsEye Hospital will no longer be able
to provide this kind of care. This is world-class care that so many
Pennsylvanians and so many Americans can speak to personally. I had a
personal experience when my daughter Julia had an eye problem years
ago, and WillsEye did great work for her.
In this case, CMS is using an arbitrary ratio of the number of
inpatients and outpatients to say that WillsEye Hospital is not a
hospital and should be what is known as an ambulatory surgery center,
which could have drastic implications and ultimately force WillsEye to
close. Again, this was an institution founded almost 200 years ago.
Last week I went to WillsEye in Philadelphia to talk about this
problem and had the opportunity to meet Joey Povio, whose picture is in
this enlarged photograph. Joey is 6 years old, and he has
retinoblastoma, a type of ocular cancer which, if left untreated, will
lead to his death.
According to the American Cancer Society, there are 200 cases to 300
cases of retinoblastoma diagnosed each year. In the last fiscal year,
WillsEye treated 110 unique individuals with a diagnosis of
retinoblastoma, or almost 37 percent to 55 percent of the diagnosed
cases in the country. So you can see the impact of just one hospital on
a substantial problem that Joey and children across the country have.
Fortunately for Joey, he is receiving first-rate treatment, but we have
to have ask ourselves: What about the others who have retinoblastoma?
What about the children who will have retinoblastoma in the future?
What will happen to them without WillsEye Hospital?
[[Page 13424]]
You can tell from this picture not just how dynamic Joey is--and I
can attest to that personally, after having met him--but how focused he
is on getting better and how confident he and his family are that he
can, in fact, get better because of the great work done at WillsEye
Hospital.
There are many who might think this is just a unique situation or
simply an unfortunate situation, and certainly it is for Joey and his
family and for others who have retinoblastoma or a number of other
ailments or problems that center on their eyes. Thank God we have
WillsEye to treat those problems. But there are other hospitals in the
Nation that are dealing with some of these same issues and especially
dealing with issues that relate to their interaction with CMS, and
these are obviously some great hospitals that I will mention in a
moment.
In this case, for whatever reason, I think CMS is treating WillsEye
Hospital unfairly. I think that is an understatement. In this case, we
have a number of institutions that have a bed ratio--that is the
interplay between inpatient and outpatient that CMS is focused on in
this circumstance--there are some hospitals that have a bed ratio that
is lower than the one at WillsEye. Because those numbers are lower,
that would mean those hospitals should be the subject of the same kind
of action CMS is taking when it comes to WillsEye.
When WillsEye was first denied hospital status, their bed ratio was
17 percent. But according to the data provided by the American Hospital
Association, the Cleveland Clinic, one of our great institutions, has a
ratio of 6.14 percent, which is obviously lower than 17 percent, and
Stanford Health Care, another great institution, has a ratio of 10.5
percent, which is again lower than the 17 percent at WillsEye Hospital.
As I mentioned, these are the bed ratios. So it doesn't make much sense
that CMS is focused on WillsEye and is not taking the same action or
similar action as it relates to those other two institutions.
Now, no one would doubt that these two premier institutions--
Cleveland Clinic and Stanford--are hospitals. There is no question they
are hospitals. Yet CMS is focused on WillsEye in a determination they
have made that it is not a hospital. It doesn't make any sense.
CMS does not even have a definite ratio that a facility needs to meet
in order to have inpatient beds. They simply need to be ``primarily
engaged'' in providing inpatient services. So there is no definite
ratio, and yet they are taking action that is to the detriment of
WillsEye Hospital, and I believe--and I think the evidence in the
record is clear--to the detriment of a lot of people in Southeastern
Pennsylvania, a lot of people throughout our Commonwealth, and indeed
throughout our Nation. In this case, I believe, obviously, CMS has made
the wrong decision.
One would think, in order to help determine what a hospital is doing,
a representative from CMS would visit and would do a thorough review of
the hospital that can only be done in person. You can't do that just
based upon charts or phone calls. One would think someone from CMS
would come and see WillsEye Hospital firsthand. They really haven't
done that yet in a manner that is connected to the actions they have
been taking. So I have encouraged them to do that. It is not a very
burdensome task to get on the train, go to Philadelphia, spend some
time in WillsEye Hospital, and use that as part of the basis upon which
to make a determination as an agency of government.
In this case, unfortunately, CMS has made an arbitrary decision,
which is wrong. This decision threatens this world-class hospital, and
that is an understatement. In essence, this decision makes no sense.
WillsEye is a hospital. It provides great care for people who can't get
this care almost anywhere else in the country, especially when it comes
to children and especially when it comes to that diagnosis that
families get of retinoblastoma. Without the intervention and the great
work at WillsEye, those children will die.
I will continue to urge CMS to work with me and to work with WillsEye
on a solution that resolves this bureaucratic problem. That is
basically what this is, a bureaucratic approach that doesn't make sense
in the real world--the real world of quality medical care, the real
world of the services that WillsEye provides, and the real world of
Joey's circumstance and children like him across our region in
Pennsylvania but also across the country.
Mr. President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Ms. STABENOW. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. STABENOW. Mr. President, I ask unanimous consent to speak for 10
minutes, and if the Chair would, let me know when I have spoken for 8
minutes, please.
The PRESIDING OFFICER. The Chair will do so.
Ms. STABENOW. I thank the Chair.
____________________
FUNDING FOR FLINT, MICHIGAN
Ms. STABENOW. Mr. President, this has been a roller coaster time for
those of us who care deeply about what happened over 2\1/2\ years ago
in the city of Flint with a system that was not treated properly and
exposed 100,000 people in Flint to lead poisoning.
We had a great vote last week, and I am very grateful to Senator
Inhofe and Senator Boxer, who came together, working with Senator
Peters and me, to put together a larger water bill that included an
effort to help Flint families as well as other communities that have
exposure to lead in their water. That effort had a final vote of 95 to
3. This was a very positive moment.
Today, just a little while ago, it was just the opposite. We have an
opportunity to complete the job we started last week and include this
fully offset package in this budget bill in front of us, the continuing
resolution. Yet the Republican leader did not do that. What adds insult
to injury is, there is help for Louisiana but not for the families of
Flint, and I might add, ours is fully offset. There is no offset in
spending, there are no other programs cut to pay for the help for
Louisiana, but I offered to phase out a program I sponsored in 2007--
that doesn't happen a lot around here--in order to pay for this
emergency in Flint and help other communities with lead in their water
across the country. So we have something fully paid for and for which
there should be absolutely no objection.
I would love to know the objection to helping a group of people--
100,000 people in Flint and other families across the country in
Jackson, MS, New York, Indiana, Pennsylvania, Texas, and across the
country--with something fully paid for. What is the objection to
putting that into this continuing resolution if the other side of the
aisle is willing to put in something that doesn't have an offset in it
to help the people in Louisiana?
I support helping the people in Louisiana. I believe we are in this
together as a country. As Americans, I think, no matter the emergency,
we should be willing to help each other. We have had a variety of
emergencies over the years, such as the fertilizer company in West, TX,
where there was an explosion a few years ago. It was not a flood, not a
hurricane, not a drought but a fertilizer explosion, and people were
exposed. The Federal Government stepped in to help, and that wasn't
fully paid for either.
Here we have a situation with 100,000 people--9,000 children under
the age of 6--who are seriously exposed to lead and that exposure will
affect their development, physically and mentally, for the rest of
their lives. They have now waited--they have waited--over 1 year since
they knew what was happening. We have finally gotten to a point where
we have strong bipartisan support in the Senate, and this is easy to
put this in this bill--easy. But we are in a situation where we are
saying to the people of Flint: Well, wait just 3 more months. Wait
until the end of the
[[Page 13425]]
year. I guess the other question is, Why don't people in Louisiana wait
until the end of the year? I think we should help both of them now.
In Flint, we literally have people getting up in the morning and
saying: OK. I have to take the kids to the school. Should I pick up the
bottle of water before I take them to school or after? Gosh. Now, I
don't have a car, but can I get somebody to help me go over before I go
to work--pick up the bottle of water now or later? We are going to have
to spend some time because it is not easy to use bottled water and do a
shower for yourself and the kids, let alone for cooking and all of the
other things we take for granted every day. People in Flint, for almost
2 years, have been having to deal with this every single day.
If this were happening to us, we would view it as an emergency. A
decade ago--I don't know, 10 or 12 years ago--when Washington, DC, had
lead in the water, somehow everybody came together to get that fixed.
There was a concern about the water in the Cannon House Office
Building, and that got fixed. I have a funny feeling if something
happened in Wisconsin, the Speaker would decide that was serious enough
to fix that, but we have a group of people in Flint, MI, who trusted
their elected officials and who have been waiting--actually, incredibly
patiently--for action so they can turn on the faucet and have clean
water.
They had such hopes last week. This was a great moment of people
coming together, 95 to 3, on a bill that would not only help families
in Flint but across the country. That is how we are supposed to govern.
We did that concerning the lead in the water in Flint. We went the
extra mile to make sure that was fully offset by phasing out another
program to pay for it.
Literally, this package could go anywhere. It could go by itself by
voice vote today. It could go any number of places, but it needs to
happen now. To see the continuing resolution come to the floor with
help for Louisiana and not for the families of Flint is outrageous. It
is just outrageous. I will do everything in my power to make sure this
does not happen. We are not--we are not, I am not--going to support an
effort that says to the people of Flint: You don't count. Your child
doesn't count. We care about people in Louisiana. Oh, they count, but
people in Flint, MI, don't count. We don't see them. We don't care.
Well, we do see them. We do care about them. We spent 8 months
putting together a bipartisan coalition in the Senate, and I am
grateful for that. As I said before, Senator Inhofe has been terrific
to work with. We were so pleased last week that we were on track to get
this done and then to find out that when we now have this opportunity
and we had this huge vote--a bipartisan, fully offset, paid-for package
to move it forward--suddenly Flint doesn't count. Flint families don't
count. Flint children don't count. But for Louisiana, which wasn't in
the WRDA bill--or so far we haven't voted on it separately--we need to
help Louisiana. By the way, let me say again, I am happy to support
Louisiana, but the help for Louisiana and the help for Flint need to be
done the same.
Let me finally say----
The PRESIDING OFFICER. The Senator has used 8 minutes.
Ms. STABENOW. I thank the Chair.
I want to actually turn and give 2 minutes to my colleague who has
been my great partner in this, but I want to close by saying this.
There is one other provision in this bill that is outrageous and that
continues dark money in campaigns from having to be reported. So this
continuing resolution is saying yes to dark money and no to children
with lead poisoning in Flint, and that is not acceptable.
Now to my partner Senator Peters.
Mr. PETERS. Mr. President, I thank Senator Stabenow for yielding me
her remaining time. I couldn't concur more with what she had to say.
This is another day. It seems like we are down here on the floor all
of the time talking about the crisis in Flint, asking for help, and
demanding that folks step up to help the people of Flint. We are so
close to doing it.
As the Senator mentioned, we came with incredible bipartisan support,
95 votes--a program fully paid for that the Senator authored, a program
that I fought for as a Member of the U.S. House. Now we are saying this
is so important that we are willing to take this program, use these
funds to help the people of Flint. But the people can't wait any
longer. In this body, the Senate should not be about picking and
choosing specific States to help, specific cities to help, specific
neighborhoods. It should be about all of America: No matter who you
are, no matter where you live, when you are hurting, we will step up as
the American people and help those folks in need. That is all we are
asking.
A program that is fully paid for and has strong bipartisan support--
this seems to be a very easy thing to do, which is why I am at a loss
to understand why it can't be put in a CR when it had such broad
support and when it is clear people have been waiting for months. We
had families in Washington last week, a woman, a mom, talking about her
daughter whose teeth are crumbling when she bites into sandwiches
because of the damage related to lead poisoning. She has blood levels
going up and down with lead; it is still not under control. She was in
tears. She was at a loss. She felt some hope when the WRDA bill passed.
But if we don't take action and we leave to go back to our States for
the month of October, who knows when we were going to bring this up.
This is wrong.
The people of Flint have waited long enough. The people of Flint have
suffered enough. This is our opportunity as the Senate to rise up and
to say: Every American's life is important. Every American's life is
one that we celebrate. Every child should have opportunities.
We can put this in the CR. We can pass it and send a strong signal to
the people of Flint that their lives matter.
I yield the floor.
The PRESIDING OFFICER. The Senator from Michigan.
Ms. STABENOW. Mr. President, if there is a moment left, I wish to
underscore that we are not asking to pit communities against each
other. We are not asking colleagues to say no to Louisiana. We are
asking colleagues to say yes to Flint and Louisiana and understand that
your ZIP Code doesn't matter. We have the obligation to step up when
there is an emergency and help American families. That is all we are
asking for the people of Flint.
The PRESIDING OFFICER. The Senator from Utah.
____________________
JUSTICE CLARENCE THOMAS
Mr. HATCH. Mr. President, I rise today to celebrate an event that
both represents and helps preserve what is best about this great
country. I ask unanimous consent that I be permitted to finish these
remarks.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HATCH. Mr. President, 25 years ago next month, the Senate
confirmed, and President George H.W. Bush appointed, Clarence Thomas to
be an Associate Justice of the U.S. Supreme Court. To paraphrase John
F. Kennedy, I would like to note both what this country has done for
Justice Thomas and what Justice Thomas is doing for this country.
President Bush made the announcement of then-Judge Thomas's Supreme
Court nomination on July 1, 1991, at the Bush home in Maine. In his
brief remarks, Judge Thomas said: ``Only in America could this have
been possible.'' He was right. It would be difficult to find a more
powerful story about how far someone can go in this country.
Clarence Thomas was born on June 23, 1948, in a small wood-frame
house in the rural town of Pin Point, GA. Six people lived in that
house, which had no indoor plumbing.
Life in the world of Clarence's youth was fully segregated. In 1955,
the year after the Supreme Court ruled segregated education
unconstitutional, he and his brother moved in with his maternal
grandparents, Myers and Christine Anderson. Myers Anderson lacked the
outward material signs of success that many prize so highly today. He
[[Page 13426]]
grew up poor, without a father, and had only a third grade education.
Yet it was what he had, rather than what he lacked, that would make him
the most profound influence on his grandson, Clarence Thomas. Mr.
Anderson's strength of character, his principles and values, and his
example shaped the man whose memoir would later be titled, ``My
Grandfather's Son.''
Clarence's grandparents were honest, hardworking, and deeply
religious people. They taught decency and respect for others, insisting
that Clarence never refuse to do an errand for a neighbor. Mr. Anderson
wanted his grandson to be self-sufficient, able to stand on his own two
feet even in a hostile world where the odds seemed heavily stacked
against him.
The other powerful influences for young Clarence were the nuns who
taught him at St. Benedict's Grammar School. There, and at St.
Benedict's Catholic Church, Clarence learned that all people are
inherently equal, no matter what the law or society might say at a
particular time.
Clarence graduated from high school in 1967, the only Black student
in his class, and was the first person in his family to attend college.
After graduating from Yale Law School, Clarence went to work for
Missouri attorney general John Danforth--known as Jack Danforth by us--
arguing his first case before the Missouri Supreme Court just 3 days
after having been sworn in as a member of the Missouri Bar. He came to
Washington in 1979 to join then-Senator Danforth as a legislative
assistant.
Clarence Thomas was confirmed by the Senate for the first of five
times in 1981 as Assistant Secretary of Education for Civil Rights. I
think I was the chairman at that time. He would become the longest
serving chairman of the Equal Employment Opportunity Commission in
1982, a judge on the U.S. Court of Appeals for the D.C. Circuit in
1990, and a Supreme Court Justice in 1991 at the age of 43. America
gave him opportunities that do not exist anywhere else in the world.
Since this anniversary is about Justice Thomas's service on the
Supreme Court, let me turn from what America has done for him to what
he is doing for America. I have known Clarence for 35 years and chaired
or served on the committees that oversaw each of his appointments. His
impact on our Nation comes from his own strength of character fueling
his deep conviction about the principles of liberty and other great
principles as well.
I have already touched on some of the building blocks of Clarence's
character, including his grandfather's example of standing firm in his
beliefs. In one interview, Clarence said that his professional career
is a vindication of the way he was raised. He described that upbringing
in this way in a 1986 article:
But my training by the nuns and my grandparents paid off. I
decided then . . . that it was better to be respected than
liked.
At the time of Clarence's Supreme Court nomination, reporters noted
that he defied categorization and refused to uncritically accept
orthodoxy of any stripe. Even liberal columnists acknowledged the
nominee's intellectual independence was great. This strength of
character has not changed and makes it possible for Justice Thomas to
advance his deep conviction about the principles of liberty.
The first principle is the inherent equality of every human being. As
the Declaration of Independence states, government exists to secure the
inalienable rights of individuals. Justice Thomas has called the
Constitution ``a logical extension of [the Declaration's] principles.''
The second principle of liberty that defines Justice Thomas's service
is the necessity of limits on government, including judges. In 1988,
while Chairman of the EEOC, he made an important presentation at the
Federalist Society's annual symposium. The related principles of
equality and God-given inalienable rights, he said, are ``the best
defense of limited government, of the separation of powers, and of the
judicial restraint that flows from the commitment to limited
government.''
Justice Thomas has said many times that he resists a single label or
category for his judicial philosophy or his understanding of the power
and role of judges in our system of government. In that 1988 speech,
however, he said that liberty and limited government are the foundation
for what he called ``a judiciary active in defending the Constitution,
but judicious in its restraint and moderation.'' This judiciary, he
explained, ``is the only alternative to the willfulness of both run-
amok majorities and run-amok judges.''
To put it simply, Justice Thomas draws a direct connection between
equality and God-given inalienable rights, limited government, and
liberty itself. This means that each branch of government, including
the judiciary, should be active but only within its proper bounds. A
judiciary consistent with liberty will be active in properly
interpreting and applying the Constitution and will be restrained in
declining to exercise power to manipulate or change the law.
In 1990, after being appointed to the U.S. court of appeals, Clarence
had lunch with a friend and reflected on his new judicial role. He
said: Every time I put on the robe, I have to remember that I am only a
judge. The only reason that sounds unusual today is that we live in an
era of run-amok judges engaging in what the late Justice Antonin Scalia
called power-judging.
Justice Thomas's statement would not, however, have sounded strange
to America's Founders. Alexander Hamilton, after all, wrote that
because the judiciary may exercise judgment but may not exercise will,
it is the weakest and least dangerous branch.
In 2008, two legal scholars wrote about Justice Thomas in the Wall
Street Journal. They quoted him describing his basic yet profound
judicial philosophy this way: ``It's not my Constitution to play around
with,'' he said. ``I just think that we should interpret the
Constitution as it's drafted, not as we would have drafted it.''
A properly active judiciary will interpret the Constitution as it is
already drafted, and a properly restrained judiciary will refuse to
interpret the Constitution the way judges would have drafted it. That
is what judges are supposed to do in our system of government. They are
supposed to interpret the Constitution as it was drafted. Judges must
take the law as they find it and apply it impartially to decide cases.
That is their job, their part of the system of government that supports
liberty and freedom.
This is the kind of Justice that we knew Clarence Thomas would be: A
Justice who knows both the purpose and the limits of the power the
Constitution gives him. This is also the reason that many fought so
hard against his appointment and continue to criticize his service. The
debate over Justice Thomas's Supreme Court nomination was a debate over
what kind of Justice should be appointed in America. His opponents and
critics want Justices who will interpret the Constitution as those
particular Justices would have drafted it. In other words, they want a
judiciary that is inconsistent with liberty, a judiciary that will
control the law rather than be controlled by the law. They are
concerned more about power than about liberty.
Thankfully, Justice Thomas is the kind of Justice that our liberty
requires, and defending liberty is what he is doing for America and for
each one of us. We have all passed by the National Archives building,
which sits on Constitution Avenue just a few blocks from here. One of
the statues in front bears the inscription, ``Eternal vigilance is the
price of liberty.'' Justice Thomas is paying that price of vigilance.
A Justice's clerks, in a unique and special way, become a family.
Justice Thomas's clerks have become partners in America's best law
firms and professors at her finest law schools, carrying with them the
principles and lessons he taught about how to protect liberty. As I did
5 years ago when celebrating Justice Thomas's 20th anniversary, I asked
some of his former clerks to send letters about the Justice.
Mr. President, I ask unanimous consent that these letters be printed
in the Record following my remarks.
The principles of liberty established by America's Founders are the
same
[[Page 13427]]
principles to which Clarence Thomas is deeply committed. But it is when
those principles are fueled by personal character, integrity, and
brilliance that they become a powerful force that defines a nation and
helps chart its future.
On July 1, 1991, when President Bush announced that he was nominating
Clarence Thomas to the Supreme Court, Clarence said that his
grandparents, his mother, and the nuns who taught him ``were adamant
that I grow up and make something of myself.'' To my friend Clarence, I
have to say that not only did you exceed all of those expectations, but
your service, character, and example are helping to make something good
out of the rest of us.
Also, on a more personal note, the unexpected death of Justice Scalia
has been a profound loss in many ways, including for his friend and
colleague Clarence Thomas. On several different levels--personally,
philosophically, even spiritually--they were close--fellow travelers,
if you will. Justice Scalia's death is a great personal loss, but it
also created a void that I am confident Justice Thomas is already
filling in continuing to stand for the principles they mutually shared.
A few months ago, Justice Thomas was the commencement speaker at
Hillsdale College in Michigan. He cautioned that today there is more
emphasis on our rights and what we are owed than on our obligations and
what we can give. He asked this question: ``If we are not making
deposits to replenish our liberties, then who is?''
By his character and convictions, Clarence Thomas continues to make
those deposits and maintain the vigilance necessary to replenish and
protect our liberty. America gave him much, and he is returning even
more.
As a personal friend of most of the Justices, but especially Clarence
Thomas, he has far exceeded what many of us thought he would be able to
do on the Court. I thought that he would be great and that he would do
a great job as a Justice on the Supreme Court, but he has gone even
beyond my expectations. He is a great Justice. He is a person of great
quality, of great character, and great spirit. You cannot be around him
very long without laughing and enjoying life. You can't be around him
very long without knowing that this is one heck of a unique
individual--somebody who really deserves to be on the Supreme Court,
who has made a process of being a great Justice.
I am proud of him. I am proud of what he has been able to do. I am
proud of what he has become. I am proud of the growth that he
continually makes in life. I have always been proud of Clarence Thomas,
Justice of the U.S. Supreme Court.
I yield the floor.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Judicial Crisis Network,
Washington, DC, September 16, 2016.
Senator Orrin Hatch,
U.S. Senate,
Washington, DC.
Dear Senator Hatch: This year we celebrate the twenty-fifth
anniversary of Supreme Court Justice Clarence Thomas's
confirmation. His significance on the Court has often been
underappreciated by commentators and politicians alike.
Justice Scalia's outspokenness and Thomas's silence at oral
arguments may have captured the fancy of reporters who favor
rhetorical flash over a quarter-century of studious opinions.
But as Thomas moves into the most senior position among the
Court's conservatives, his influence will soon become clearly
recognizable.
Thomas joined the Court after the 1991 October Term had
already begun. He had just spent the summer battling those
who would do anything to ensure that Justice Thurgood
Marshall could not be replaced by a conservative African-
American Justice.
He won those battles, but he had a new challenge waiting
for him at the Supreme Court. Whereas his new colleagues had
had months to prepare for the Term's cases, Thomas was
thrown, metaphorically speaking, into the deep end. Or, as
Thomas himself would describe it later, he was building his
wagon as he was riding in it.
But despite that initial disadvantage, Thomas made clear to
his colleagues from his first week on the Court that he would
mount a serious challenge to the liberal status quo. In the
third case he heard, he shocked his colleagues by emerging as
the lone dissenter. After his powerful dissent was circulated
to the other justices, his position gained three additional
votes. It wasn't enough to change the outcome of that
particular case, but it made clear to the other justices that
a new wind was blowing from an unexpected direction.
Those outside the Courthouse's marble walls were only
rarely aware of Thomas's influence. For example, in one case
in which he and Scalia were the only two dissenters, many in
the press depicted Thomas as Scalia's puppet. When internal
records from the term were released decades later, however,
the truth became clear: Thomas started out as the lone
dissenter in that case, and it was Scalia who had moved to
join him As he had done before, time and again, Thomas was
blazing his own trail.
Thomas's life experiences--a childhood lived under state-
mandated racial segregation and a society that punished
federal judges who tried to enforce constitutional
requirements of race neutrality--undergird his commitment to
principled constitutionalism. He shares the Founders'
skepticism of untrammeled governmental power, as well as
their belief that the Constitution keeps government from
encroaching on our foundational liberties. And he recognizes
that making the right decisions in the face of harsh
criticism takes courage.
So last Term Justice Thomas penned several opinions
advancing a serious critique of the administrative state, the
growing army of unelected bureaucrats who increasingly write
laws that, at least under the Constitution, are the sole
responsibility of our elected representatives in Congress.
Even staunch originalists like Justice Scalia hadn't taken on
that behemoth.
He makes decisions based on legal principles, not politics.
That means that Thomas is just as willing to upholds laws he
may consider wrong and strike down those he may like, voting
to strike down even ``conservative'' federal laws such as
those regulating locally-grown and distributed marijuana. He
may like the policies behind those laws, but he doesn't think
the federal government has the constitutional power to pass
them in the first place.
He also refuses to invent new law to reach ``hard cases.''
As he sees it, judges shouldn't do damage control for
lawmakers who don't do a good job writing laws.
Nor is it his job to edit the Constitution to fit his own
views. He makes numerous ``liberal'' pro-defendant decisions
that are dictated by the constitutional right to a jury trial
or to confront one's accusers. It's not because he thinks
those criminals are innocent; it's because he takes seriously
his oath to uphold the Constitution.
I was privileged to clerk for Justice Thomas nine years
ago. While his judicial integrity and commitment to the
Constitution are truly remarkable, his clerks most admire his
personal integrity. His high standards helped us reach our
own potential and his continued mentorship and guidance have
truly made him a father figure to a growing clerk ``family''.
Through him we learned how to wear the mantle of authority
lightly, how to maintain humility and perspective in the face
of adulation, and even how to stay the course with fortitude
when faced with criticism and personal attack.
As the Court prepares to change with Scalia's successor, I
predict that the importance of Thomas's calls for a
courageous and principled constitutionalism will soon be
recognized much more widely. Many who overlooked or
downplayed the importance of his steady hand will soon begin
to realize how significant he has been all along.
Sincerely,
Carrie Severino,
Chief Counsel and Policy Director,
Judicial Crisis Network.
____
Washington, DC,
September 16, 2016.
Hon. Orrin Hatch,
Hart Senate Office Building,
Washington, DC.
Dear Senator Hatch: Twenty-five years ago, Justice Clarence
Thomas took his seat as an Associate Justice of the Supreme
Court of the United States. I had the privilege of serving as
one of Justice Thomas's first law clerks, during the Court's
October Term 1991.
By now, Justice Thomas's jurisprudence is apparent. He
favors text over policy, original meaning over evolving
standards, history over legislative history, rules over
standards, and getting it right over following precedent. He
understands that the Constitution limits the government in
order to secure individual liberty. He further understands
that maintaining our constitutional structure--including the
separation of powers and federalism--is critical to
preserving that liberty. He broadly enforces the
Constitution, but recognizes that it leaves ample room for
citizens to govern themselves through democratic processes.
In areas related to race, he worries about the laws of
unintended consequences, and his views are informed by his
own remarkable experiences growing up in the segregated
South.
Even as early as 1991, much of this was already becoming
apparent. During his very first sitting, he was the sole
dissenter in three different cases during the justices'
initial voting. (I can tell this story because all
[[Page 13428]]
of the pertinent information has already been disclosed.)
Despite being a brand-new, 43-year-old justice, he never
flinched at going it alone, and it never occurred to him to
do anything other than call the balls and strikes exactly as
he saw them. His positions in these three cases were
eminently sensible: (1) if a capital defendant puts on
mitigating evidence of good character, the prosecutor may
respond with countervailing evidence that the defendant
belonged to a white supremacist prison gang; (2) state tort
law, rather than the constitutional prohibition on cruel and
unusual punishment, governs the routine mistreatment of
prisoners; and (3) if a criminal defendant secures an
acquittal on the ground of insanity, he may be civilly
confined for as long as he remains dangerous. The first of
these cases was ultimately decided by an 8-1 margin, the
second by 7-2, and the third by 5-4. In the second and third
cases, Justice Scalia switched his original vote from the
majority to the dissent. So, while outside observers were
speculating that Justice Thomas seemed to be reflexively
following Justice Scalia, in significant part it was Justice
Scalia who was following Justice Thomas.
Another striking opinion from that year was Wright v. West.
On a superficial level, the case involved an unusually narrow
question about whether there was enough evidence to support a
particular criminal conviction. The lower court had said no,
and the Justices unanimously said yes. Rather than simply
reinstate the conviction, Justice Thomas wrote a long,
scholarly opinion explaining why it was wrong for a federal
court to review the conviction at all without giving respect
to the views of the state court in which the defendant had
been originally convicted. His ambitious opinion fractured
the Court into a 3-3-1-1-1 split. But, four years later,
Congress codified his view in the Antiterrorism and Effective
Death Penalty Act of 1996, thereby fundamentally changing the
law and practice of federal habeas corpus.
Then there was United States v. Fordice, which involved the
desegregation of public universities. The majority opinion,
which Justice Thomas joined, contained much lofty rhetoric
about the urgent need for desegregation. At the same time,
Justice Thomas worried about harming historically black
colleges, and he wrote separately to urge their preservation:
``It would be ironic, to say the least, if the institutions
that sustained blacks during segregation were themselves
destroyed in an effort to combat its vestiges.''
Since that year, Justice Thomas has staked out strikingly
original positions in a wide range of areas including the
Commerce Clause, the non-delegation doctrine, federal war
powers, deference to federal agencies, the Establishment
Clause, retroactivity, implied preemption, race neutrality,
and cross burning, to name only a few examples. With the loss
of Justice Scalia, he is the Court's only remaining
originalist. While his views have not always garnered a
majority, he has done more than any other Justice in the last
half-century to lay out what the words of the Constitution
meant to those who ratified it--and to show how far the
current Court has strayed from that original understanding.
The Court has been, and will be, greatly enriched by his
service.
Sincerely,
Gregory G. Katsas.
____
McLean, Virginia,
September 16, 2016.
Re Celebrating Justice Thomas's 25 Years of Service on the
Supreme Court.
Hon. Orrin G. Hatch,
U.S. Senate, Committee on the Judiciary,
Washington, DC.
Dear Senator Hatch: As a lawyer who had the great fortune
to serve as a law clerk to Justice Clarence Thomas during
October Term 1992 on the Supreme Court, and as an American
who cares deeply about the constitutional foundations of our
Republic, I write with pleasure and gratitude to commemorate
the first 25 years of Justice Thomas's tenure as an Associate
Justice. Through his dedicated and principled work on the
Court, through his humble jurisprudence and worldview as a
judge, and through his amazing personal story and lifetime of
experience and relationships, Justice Thomas has made a
singularly historic and positive contribution to the life of
our Nation and to the legacy of the Court.
Before offering my perspective on the lasting impact of
Justice Thomas's first 25 years of service, let me say a word
of tribute to the President who nominated him to the Court.
The selection of Clarence Thomas to serve as Associate
Justice on the Supreme Court of the United States was one of
the most consequential, world-improving decisions made by
President George H.W. Bush during his term of office. I
believe all Americans, of all backgrounds and all political
persuasions, have benefited (probably far more than they
realize) from the fact that Justice Thomas has occupied one
of the nine seats on the Court's bench since 1991.
I also want to express my deep personal thanks to you,
Senator Hatch, for the pivotal role you played in securing
the confirmation of Justice Thomas in 1991. As a leader on
the Judiciary Committee, you were the essential, stalwart
champion in support of the nomination. I trust you take
enormous pride in the legacy of Justice Thomas's service on
the Court and the gift to our country that you helped to
bring about.
The Most Personable and Authentic Justice
After emerging from the searing cauldron of his
confirmation hearings, Justice Thomas was often portrayed in
the press as a wounded and brooding figure, quietly stewing
in anger in the inner chambers of the Supreme Court Building.
Certainly anger would have been a natural and justifiable
emotion for someone who suffered through a nationally
televised inquisition and whose home had been picketed by
activists who called him many things, including
(astoundingly) ``inauthentic.'' The truth, however, is that
this portrayal of the smoldering, angry, reclusive Justice is
the absolute opposite of reality.
I would venture to say that few Justices in history have
been more personable, accessible, and, yes, authentic. He is
a good man, a warm and caring man, a Justice who takes the
time and personal attention to become a real friend to
everyone who works with him in the Supreme Court family. He
is utterly open and candid with his life experiences.
And what experiences they have been! From the abject
poverty and racial suppression of Pin Point, Georgia; to the
up-by-the-bootstraps discipline of life with his self-
sufficient grandfather, Myers Anderson; to the unwavering
kindness and motivating strictness of the nuns of St.
Benedict the Moor Grammar School; to the challenge of forging
his own career path at Holy Cross, at Yale Law School, in the
private sector, and with John Danforth; and finally to the
Education Department and EEOC of the Reagan Administration
before his appointment as a judge on the court of appeals.
Few of us can imagine what it took for him to navigate that
extraordinary upward journey. But the meaning and value of
those life experiences shine through in his smile, his warm
hugs for friends in need, and his deep and generous laugh.
And, of course, they animate his loving marriage with Ginni.
Justice Thomas's life experiences also shine through in the
way he opens his Chambers and his heart to all manner of
school groups and other visitors eager to meet him and share
in his life story. He may have set a record for the number of
visitors to the Court, and these guests come to meet with him
from all walks of life and from every corner of the United
States.
More than that, his life and personality come through in
the way he approaches the drafting of Supreme Court opinions.
From his first Term on the Court, and consistently today as a
veteran Justice, he takes care to ensure that his opinions
are written for the everyday American, so that the average
person can understand the issues at play and the force and
track of his reasoning. That has always been a top priority
and objective in every case he handles.
For me as his former law clerk, his example was and remains
a true lesson in humility--a lesson in how all of us who
appear in the federal courts, whether as advocate or judge,
should approach our roles humbly. Justice Thomas's humility
comes from the recognition that to participate in the law is
to uphold a sacred trust, because our legal system is an
essential part of the American experiment in self-government.
And the Supreme Court, as the paramount court in the United
States, is the most important guardian of that trust.
Defender of Freedom and Equal Justice under Law
True to this sacred trust, Justice Thomas brings an
unwavering vigilance to the work of the Court. For him, every
time the Court resolves a case, including in the way the
Justices reason through the issues, the Court affects the
freedom and individual liberty of all Americans. In
approaching his role on the Court, even in cases involving
technical questions of statutory interpretation, just as in
the most momentous decisions of constitutional law, Justice
Thomas maintains a constant mindfulness that the Court can
and should contribute to the preservation of freedom and to
the promotion of equal justice for all Americans.
He is steadfastly attentive to the proper limits of the
Court's role as an interpreter of the law, rather than a
creator of new legal norms, and to the opportunities the
Court has to decide cases in ways that will preserve and
vindicate the Founders' original understanding of our
constitutional system and the true nature of the rights
protected by the Constitution. He knows that remaining true
to the originating vision of the Founders is the surest
guarantee of liberty.
I am not revealing some secret or nonpublic information.
This vigilance is manifest in the words and structure of each
opinion he authors, whether speaking for a majority of the
Court or in a separate concurrence or dissent.
Many of his influential opinions are directed at the
judicial function itself. Federal judges are not elected, and
once they are confirmed to lifetime appointments, they are
not accountable to the people. That means that the most basic
freedom of a self-governing people to make policy choices
[[Page 13429]]
through their elected representatives and to redirect the
agenda of government at all levels according to the changing
priorities of the popular will depends critically upon the
discipline and consistency with which the judiciary honors
its institutional limits.
Thus, Justice Thomas has defended the political freedom of
the people by urging the courts to stick to clear, simple,
and consistent principles of decision and to avoid using
malleable balancing tests and multi-factor standards that
allow judges to supersede the will of the legislators with
their own preferred policy outcomes. His concurring opinion
in Holder v. Hall (1994), construing section 2 of the Voting
Rights Act, is a model of such defense: ``I can no longer
adhere to a reading of the Act that does not comport with the
terms of the statute and that has produced such a disastrous
misadventure in judicial policymaking.''
Knowing that the Constitution, not the niceties of stare
decisis, is the true bastion of the people's liberty, Justice
Thomas has often been the lone voice urging the Court to
return to the foundational understanding of the
Constitution's great clauses and to cast aside decades of
misguided judicial gloss. He is the only Justice on the
current Court calling for a complete course correction back
to the original meaning of the Commerce Clause, which has
become, as reinterpreted by the Court, the prime springboard
for the runaway growth of the federal government. In voting
with the Court to protect an individual's right to keep and
bear arms against abridgment by a municipal government in
McDonald v. City of Chicago (2010), he was also the only
Justice who actively urged the restoration of the Privileges
or Immunities Clause of the Fourteenth Amendment to its
rightful place as the surest bulwark against the suppression
of fundamental liberties by the States.
Justice Thomas's allegiance to the text and original
meaning of the Constitution has often led him to assert
broader, bolder, and less compromising protection for the
guarantees enshrined in the Bill of Rights. He has been among
the staunchest upholders of the First Amendment on the Court
and has consistently urged full protection for commercial
speech, free from judge-made balancing tests. And he has
joined Justice Scalia and others to reestablish the force and
imperative of the Confrontation Clause as a fundamental
protection for criminal defendants.
With similar boldness, Justice Thomas has refused to
compromise in pursuing the goal of equal treatment under the
law for all Americans. He knows well that despite the best of
intentions, government only exacerbates prejudice and
inequality when it persists in granting preferences or
imposing disadvantages on the basis of race. And he believes
that such programs are inconsistent with the colorblind
commands of the Fourteenth Amendment.
As he wrote in his concurrence in Adarand Constructors v.
Pena (1995), ``Purchased at the price of immeasurable human
suffering, the equal protection principle reflects our
Nation's understanding that such classifications ultimately
have a destructive impact on the individual and our
society.'' In his understanding of the Constitution, ``there
can be no doubt that racial paternalism and its unintended
consequences can be as poisonous and pernicious as any other
form of discrimination,'' since it ``teaches many that
because of chronic and apparently immutable handicaps,
minorities cannot compete with them without their patronizing
indulgence. Inevitably, such programs engender attitudes of
superiority or, alternatively, provoke resentment among those
who believe that they have been wronged by the government's
use of race.''
The Most Courageous Justice
Justice Thomas's plea for a colorblind Constitution is just
one example of what may be his most distinguishing quality as
a judge: the courage of his conviction.
He showed that courage from his first days on the Court
when he wrote fearless opinions as the lone dissenter on hot-
button issues, like the application of the Eighth Amendment
to the treatment of prisoners in state institutions in Hudson
v. McMillian (1992). When, in reaction, the New York Times
reflexively labeled him the ``cruelest Justice,'' many of us
knew that he was actually the most courageous.
This flame of courage has continued to burn steadily over
the past 25 years.
It was burning bright in Graham v. Collins in 1993 when he
concluded that the ``mitigating circumstances'' prong of the
Court's death penalty jurisprudence invited capital juries to
engage in the same unbounded and potentially irrational and
discriminatory sentencing judgments that the Court first
condemned in Furman v. Georgia (1972):
``Any determination that death is or is not the fitting
punishment for a particular crime will necessarily be a moral
one, whether made by a jury, a judge, or a legislature. But
beware the word `moral' when used in an opinion of this
Court. This word is a vessel of nearly infinite capacity--
just as it may allow the sentencer to express benevolence, it
may allow him to cloak latent animus. A judgment that some
will consider a `moral response' may secretly be based on
caprice or even outright prejudice. When our review of death
penalty procedures turns on whether jurors can give `full
mitigating effect' to the defendant's background and
character, and on whether juries are free to disregard the
State's chosen sentencing criteria and return a verdict that
a majority of this Court will label `moral,' we have thrown
open the back door to arbitrary and irrational sentencing.''
His courage was also on display in Elk Grove Unified School
District v. Newdow in 2004, where Justice Thomas had the
temerity to suggest that the Establishment Clause may not
protect an individual right and may not be incorporated fully
against the States through the Fourteenth Amendment--a
proposition often raised by respected law professors but
shunned as anathema by the modern Court.
And this courage flamed again in 2009 in Northwest Austin
Municipal Utility District Number One v. Holder when Justice
Thomas was the first Member of the Court to reach the
conclusion that section 5 of the Voting Rights Act is no
longer constitutionally sustainable as a countermeasure for a
historical pattern of voter discrimination and
disenfranchisement in the covered States.
Many of us (including me) will not agree with every
position Justice Thomas has espoused in his opinions. But all
of us, I believe, should recognize and respect the conviction
with which he approaches his duties on the Court and the
boldness and courage he has consistently exhibited in voicing
his convictions.
We live in times today when the courage of conviction is in
short supply among our leaders but is most needed by our
Nation. We are therefore blessed, indeed, that courage and
conviction have full expression on the Supreme Court of the
United States through the voice of Justice Thomas.
Thank you, Senator Hatch, for giving me the opportunity to
share my thoughts on the important contributions of Justice
Thomas to our Nation and to the Supreme Court on the historic
25th anniversary of his appointment as Associate Justice.
Respectfully submitted,
Steven Gill Bradbury.
The PRESIDING OFFICER. The Senator from Louisiana.
____________________
LOUISIANA FLOODS
Mr. CASSIDY. Mr. President, I rise again today to bring attention to
the devastating floods in my State of Louisiana, which are now being
called the Great Flood of 2016. In a matter of a few days, 7.1 million
gallons of rain fell on Louisiana--more than fell during Hurricane
Katrina. The flooding that resulted caused $8.7 billion in damages to
homes and businesses.
A flood event of this magnitude is such a low probability that it is
called a thousand-year flood. To put this in perspective--just
statistically--the last time a flood of this magnitude would have
occurred in this area would have been 500 years before Christopher
Columbus discovered the Americas.
It is hard to comprehend, but this chart may help. We all know of the
devastation caused by Hurricane Sandy and of Katrina, Rita, and Wilma
in 2005. This is from the 1871 Chicago fire. This is the fifth largest
disaster after the 1906 San Francisco earthquake. In the last 100
years, the 2016 Louisiana flood is the third largest disaster in
American history.
The National Hurricane Center was not able to warn us for this. They
said that rain is going to start. It started to rain, and the next day
there was flooding. Most folks who were flooded had never been flooded
before. They were living in areas that they were told were not at risk
for flooding.
The first parishes did not have time to evacuate or to prepare. Here
you can see a family being helped out by volunteers. In the back, you
see what is called a high-water vehicle. It doesn't flood out, but it
is a single vehicle. There were as many as 30,000 folks evacuated from
their homes by what was called the ``Cajun Navy''--Americans helping
Americans get out.
By the way, this is a residential street. This is a neighborhood in
which you can see the street itself flooded. This family's belongings
are now piled up on the side of a road. They escaped with the bags they
hold. This is one family. So far, 144,000 people have applied for
individual assistance through FEMA.
I suggest that these people need to know their fellow Americans care
about them. Just as important for communities, small businesses were
hit too. According to the local newspaper, 12,000 small businesses in
the area flooded have been out of commission because of the flood. This
is from Denham Springs. It is a town right
[[Page 13430]]
across the Amite River from East Baton Rouge Parish. You see everything
they are selling piled up on the side of the road. Of course, this is
tragic for the business, but think about the community. The National
Flood Insurance Program estimates that 40 percent of small businesses
that flood never recover and never go back into business.
This is tragic not just for the business owner but also for the
people whom she employees because you have just destroyed the job and
the opportunity for everyone whom she does employ.
It is one thing to look at statistics and to look at the huge scope
of this disaster, but I return to the fact that it is a disaster
affecting individuals and affecting families--people who have lost
everything. When I say ``everything''--they still have their life, but
the floodwaters have now receded. You would say: Wait, how can
floodwaters have receded if we still have a home under which there is
obviously a lot of water?
This flood was so devastating. There is a community called Cypress
Point in the French Settlement. The homes were built far above the base
flood elevation. They were told they were not at risk of flooding. The
floodwaters rose, though, to 46 feet above flood level, and they ripped
out the ground beneath the homes. What you are looking at used to be
ground beneath the home. Now the river has taken away the bank, and
these homes are sitting in a river.
Ten of these homes are being condemned, and there is a certain kind
of bitterness these folks must feel. First, they didn't think they were
going to flood. If they want to come back and put supports under their
home, they will have to get an Army Corps of Engineers permit to do
that. If their home falls into the river--and it looks like that could
happen--they have to pay to remove their home from that river. They are
going to be caught coming and going. Again, these homes are built above
the base flood elevation.
This is Dorothy Brooks. Dorothy is 78. She is being rescued. She is
wheelchair-bound. Here is Sergeant Thomas Wheeler of the Tangipahoa
Parish Sheriff's Office carrying her out. Dorothy did not have time to
get out on her own. You can still see rain falling, even though water
is up to about 3 or 4 feet. Many seniors like Dorothy were able to
return to their home, but due to their age, they could not rip it out.
If your home is flooded to 4 feet, you have to go around and physically
take the sheetrock and the insulation out that is behind the carpet and
the wood floors. If not, mold comes in.
Here is a tragic example of it. Roy and Vera Rodney are both in their
eighties. They had 4 inches of water in their home. The FEMA inspector
told them that it was habitable. So they were denied repairs and rental
assistance, but they didn't have any family nearby. They couldn't gut
their house. They couldn't repair it. So the water-damaged carpet,
furniture, and belongings stayed, and, predictably, mold appeared. They
could no longer live there. They evacuated. They weren't there to let
volunteers in to rip it out. Now they have mold throughout their home,
and it is uninhabitable. Because they couldn't get the aid they needed,
cost of recovery grew with time.
If there is a metaphor here, it is this. If you are unable to get the
aid when needed, the cost of recovery grows with time. Roy and Vera
were not required to purchase flood insurance. They lived in zone X.
Zone X is thought to be at such low risk of flooding that flood
insurance is not required.
By the way, that is a huge factor in flooding. About 80 percent of
the homes that were flooded did not have flood insurance--not because
they didn't purchase it on purpose when they were told to but because
they were told they lived in low-risk areas for flooding where flood
insurance was not required.
I will say that is why Federal aid is so critical. We have thousands
of families completely caught off guard, unprepared--through no fault
of their own--by a freak of nature, a thousand-year flood. They are now
struggling to pick up the pieces. They are trying to make the decision:
Do I stay and rebuild, or do I just move on? Families, businesses,
Louisiana need help. I ask that we pass this funding bill quickly.
People are hurting; people need help.
Some look at this picture and just see debris. This may be
Youngsville, a community I visited, but it could be any community. I
would say that is not debris. That is a wedding dress that was saved
for 20 years. It is picture albums, children's toys, clothes to go to
work, textbooks, and memorabilia. It is their life, piled up the road.
I am thankful that Senate leadership has put what they are calling a
down payment on the continuing resolution. This reassures families that
their fellow Americans care and that they can rebuild and prosper, but
we are not through yet. Helping each other is a fundamental American
value.
I urge my colleagues on the other side of the aisle to support this
legislation--to help families faced with losing their homes and losing
everything, to help folks pick up the pieces and put their lives back
together. To Americans across the country, call your Senator and ask
them to support Dorothy, Ray, and Vera.
I yield back.
The PRESIDING OFFICER. The Senator from Massachusetts.
____________________
PRESCRIPTION OPIOID AND HEROIN EPIDEMIC AWARENESS WEEK
Mr. MARKEY. Mr. President, in recognition of Prescription Opioid and
Heroin Epidemic Awareness Week, I am here to convey the urgency of
responding to this crisis.
We are coming to the point of no return in this national discussion
of opioid addiction. Between 2013 and 2015, the United States saw an
increase of more than 8,000 percent in the amount of synthetic opioids
such as fentanyl seized by U.S. Customs and Border Protection.
Wait; it gets worse. The Massachusetts State Police Crime Laboratory
tells my office that from 2013 to 2015, the number of items seized by
law enforcement that tested positive for fentanyl increased by 10,000
percent. We are watching as this category 5 hurricane is making
landfall. Unless we do something to stop it, we will watch fentanyl lay
waste to community after community all across the United States of
America. Fentanyl is the Godzilla of opioids. It is stronger, it is
deadly, and it is coming to every family in our country unless we do
something now.
Between 2013 and 2014, more than 700 deaths in the United States were
attributed to fentanyl and its components. That is for the whole
country, but according to the Massachusetts Department of Public
Health, as of last month, unintentional opioid overdose deaths in my
State since January have skyrocketed. From January to the end of June,
there were 488 confirmed cases of fentanyl overdose opioid deaths in my
own State alone. There were only 700 deaths in the whole country from
fentanyl between 2013 and 2014. Fentanyl has now been confirmed in two-
thirds of all of the overdosed deaths in Massachusetts so far this
year. It was 57 percent of the deaths last year in 2015 and now it is
up to 66 percent of the deaths.
Many drug users overdose on fentanyl because they have no idea it is
mixed into whatever substance they are injecting or whatever pills they
are swallowing. They do not realize how deadly it is. It also poses a
serious threat to the men and women who are first to respond to the
scene of an overdose. If the powder is absorbed into the skin or
accidentally inhaled, it can be deadly, making our first responders
especially vulnerable to the drug's harmful effects. Just last week, 11
members of a SWAT team fell ill after a bust in Connecticut where they
encountered deadly fentanyl.
We know Mexico and China are the primary sources of illicit fentanyl
and for the chemical building blocks from which it is made and then
trafficked into the United States. The business model for those who
manufacture and sell fentanyl is simple: fentanyl is
[[Page 13431]]
cheaper, more potent, and more addictive than heroin.
We must make stopping the trafficking of fentanyl into the United
States from Mexico and China one of our highest foreign policy
priorities. We must elevate it up to what we are trying to put together
as a plan to fight ISIS. We must put it up there with a plan to ensure
that we protect our jobs from copyright or trade infringement. We must
elevate this importation of fentanyl to the very highest level of
foreign policy concern in our country.
I was pleased to see reports of recent cooperation between the United
States and China in combating fentanyl trafficking, including a
commitment by China to target U.S.-bound exports of substances
controlled in the United States and an agreement to increase the
exchange of law enforcement and scientific information that can lead to
coordinated actions to control substances and chemicals of concern.
We are improving information sharing on heroin and fentanyl between
our government and Mexico. Next month, Mexico, Canada, and the United
States will meet for a North American drug dialogue and focus on
commitments to develop a North American approach to combatting illicit
opioids, including fentanyl and its precursor chemicals and analogs,
but there is so much more we must do. Fentanyl is an overseas invader
of a different kind, but it is equally deadly. We must continue to
elevate the fight against fentanyl and make it one of our highest
national and international priorities.
I have introduced a Senate resolution calling for cooperation to stop
the trafficking of illicit fentanyl from overseas. It is a bipartisan
resolution with the support of Senator Rubio, and I thank my friend
Senator Shaheen for cosponsoring this legislation as well. Our
resolution expresses the sense of the Senate that the U.S. Government
and the Governments of Mexico and China have a shared interest in and
responsibility for stopping the trafficking of fentanyl into the United
States, and all three countries should develop joint actions to attain
that goal.
I urge my colleagues to cosponsor this resolution and to recognize
the grave seriousness of the challenge illicit fentanyl poses to our
country and to make stopping the trafficking of that drug into the
United States a national priority.
Let's be clear. Stopping the overprescription of opioid pain
medication that is fueling addiction to heroin and fentanyl and
countless overdoses starts with the prescribers. We need to require
anyone who prescribes opioid pain medication and other controlled
substances to undergo mandatory training on safe prescribing practices
and the identification of possible substance use disorders. We need to
make sure people who enter the judicial system don't arbitrarily have
their Medicaid coverage terminated, making it more difficult to access
treatment once they are released and thereby fueling the vicious cycle
of reincarceration.
We need to make sure all opioids approved by the Food and Drug
Administration are first reviewed by independent experts to ensure that
those drugs are not only safe and effective but also will not continue
to fuel the epidemic of addiction in this country.
We need to make sure prescription drug monitoring programs are fully
utilized and nationally interoperable in order to prevent doctor
shopping, where one doctor doesn't know another doctor has already
prescribed a medication or a person moves from one State to another
State with multiple doctors prescribing the same prescription drugs.
That must end.
We must let Big Pharma know their army of lobbyists will be matched
by an army of advocates who work every day to raise awareness and save
lives.
In Boston, there is an area of our city called the Methadone Mile. It
is approximately 1 square mile. It is the location of methadone
clinics, safety-net hospitals, and homeless shelters. It is also home
to those struggling and receiving treatment for addiction and the
litany of saints and angels who are providing the desperately needed
services for those suffering from mental health and substance abuse
disorders. It is a 1 mile, one-stop shop for hope and ground zero in
the battle against addiction in Boston.
Here in Washington, we are at the epicenter of the Money Mile. It is
both an area where Big Pharma's lobbyists toil with the task of
ensuring that even during this storm of prescription drug, heroin, and
fentanyl overdose deaths, the deluge of prescriptions for opioid-based
painkillers goes unabated. According to a story that came out this week
from the Associated Press and Center for Public Integrity, the
pharmaceutical industry spent more than $880 million nationwide on
lobbying and campaign contributions from 2006 through 2015. That is
more than eight times what even the NRA and the gun lobby recorded for
activities during that time period. When pitted against the Money Mile,
the Methadone Mile doesn't stand a chance. The Money Mile and its army
of Big Pharma lobbyists are the reason mandatory prescriber education
is not the law. It is the reason the Food and Drug Administration has
been complicit in many instances in the worsening of this epidemic.
Without real funding for opioid addiction treatment, the Methadone Mile
and all the other areas in cities across the country will continue to
drown in overdoses and deaths. Our cities are fighting a war, and we
need to help them.
Throughout Massachusetts, people are growing angrier and angrier by
the day. They are frustrated by Congress's lack of response to this,
and frankly so am I. The deaths caused by this epidemic are growing
exponentially every single year, but the only thing that outpaces those
deaths are the empty promises of funding made by this Congress. I
believe history will judge this Congress by how we responded to the
prescription drug, heroin, and fentanyl epidemic that is devastating
this country. We have little more than 100 days left in this Congress
to do the right thing--100 days to show the American people that
partisan politics will not impede our responsibility to respond to what
may ultimately become the greatest public health crisis of the 21st
century in the United States.
The U.S. Congress has an opportunity to let all those who are
struggling with addiction know we have heard their stories, help is on
the way, and we will not forget them. We must let them know that no
matter how dark life seems right now, there is hope, and sunlight will
grace them once again. Treatment works, recovery is possible, but this
Congress must provide the funding for that treatment and recovery. We
must fund the $1.1 billion the President is asking for the opioid
crisis in our country. We can no longer turn a blind eye or a deaf ear
to that request.
Families all across our country desperately need this help. There is
a terrorist that is across the streets of every city and town in our
country, and it is this opioid epidemic. It is a terrorist that is more
deadly for those families in America than anything that is going on in
Aleppo. It kills 30,000 people a year, and the numbers are growing on
the streets of our country. We know what the cause of it is. We know
more treatment is needed for those who are already affected. It is the
responsibility of this Congress to provide that funding.
As we now talk about a continuing resolution, the Republicans still
refuse to talk about funding for this opioid crisis. If we do not deal
with this issue, we do not deal with the public health crisis on the
streets of our country right now.
I urge every Member, regardless of party, to listen to the families
of this country, listen to those who are suffering, need help, and are
looking to us to give them the assistance they need. These family
members are heroes, but heroes need help. They are turning to us, and
so far we have not given them the help or the treatment and recovery
programs they need.
At this point, I yield back the remainder of my time.
The PRESIDING OFFICER (Mr. Cassidy). The Senator from Florida.
Mr. RUBIO. Mr. President, I ask to be recognized to speak in morning
business.
[[Page 13432]]
The PRESIDING OFFICER. The Senator is recognized.
____________________
ZIKA VIRUS FUNDING
Mr. RUBIO. Mr. President, first of all, as to the news that has
already been reported today, there is a broader issue about funding the
government that remains in play with some issues, and there has been
back and forth about that which will continue. I want to specifically
talk about one of the provisions involved in this; that is, the funding
for Zika. My colleagues know I have been discussing this issue for
quite some time over the last few months as it has spread.
Let's start with the United States. Across the U.S. territory, there
are now close to 20,000 cases of Zika. There are over 3,300 infections
in the mainland of the United States; 867 of them are in Florida and 90
were transmitted locally, meaning it happened in the State. There are
89 infections in Florida involving pregnant women. There are 85
infections now among U.S. servicemembers, two of whom are pregnant.
There are 21 dependents of U.S. servicemembers infected with Zika, and
one of them is pregnant. This is an issue that continues to grow in
urgency, and it has taken far too long for Congress to act. As I have
said repeatedly, both parties are to blame that we are at this point.
What I am more optimistic about is the fact that we have reached a
bipartisan agreement to fund the Federal Government's response to this
virus, and it is a $1.1 billion package. There is $15 million
specifically targeted for States with local transmissions, and so far
Florida is the only State that has local transmissions. It also
includes $16 million specifically for territories like the Island of
Puerto Rico, which has had the highest number of affected American
citizens, and that is by far. It is not even close.
So next week when we come back, we are expected to vote on these
anti-Zika resources, and it is going to be part of the larger bill to
fund the Federal Government beyond September 30. I know that some of
those other issues have yet to be worked out. There will be some
extensive debate about some of the issues remaining, but this provision
is an important part of this, and it has to be a part of the final
package as we send it over to the House.
I will begin by laying this out today in the hopes that not just my
colleagues in the Senate will support the funding mechanism for Zika
but also to begin to speak to some of our House colleagues about how
important it is that we get the anti-Zika funding passed. Passing this
funding will enable this money to begin to flow to help those who are
being hurt by the virus but also so that medical researchers can focus
on developing a vaccine without having to worry about their resources
drying up.
I think this package that has been put together in a bipartisan way
rightfully prioritizes funding for Americans in Puerto Rico and
Florida, and I am encouraged that our repeated calls for action on
their behalf are beginning to be answered. I think that as we go
through some of the details of it here, as some of it becomes public
and as we go through some of the issues, I know people are going to
care about it.
This anti-Zika funding provides $1.1 billion. By the way, the Senate
already passed the $1.1 billion provision--I believe back in May--so
the Senate has already acted on this once. This is kind of revisiting
this issue, but it is important. We are going to have to lead the way
on how this is structured.
Among the provisions, there is almost $400 million for mosquito
control and surveillance. That is money which will go to the Centers
for Disease Control and Prevention and to do things like support vector
controls, technical assistance for States, as well as international
response activities. Of this amount, by the way, $44 million is to
reimburse States for public health emergency preparedness funding that
was transferred for Zika response activities.
There is about $400 million for vaccine and diagnostic development
through the National Institutes of Health and the Biomedical Advanced
Research and Development Authority. This is strictly related to
research for Zika, vaccine development, and the commercialization of
diagnostic tests. It is hard to get a test for Zika now. A couple of
weeks ago, someone whom I know well could not find a place to do the
test because there is not a commercially available one that is widely
available.
It provides about $75 million to reimburse health care providers in
States and U.S. territories that have active Zika transmission, for
those without private health insurance. That includes $40 million for
community health centers in Puerto Rico and U.S. territories, $6
million for the National Health Services Corps in Puerto Rico, and $20
million for maternal and child health special projects of regional and
national significance in Puerto Rico and the U.S. territories.
It requires a spending plan of not later than 30 days after this act
is passed, so it has oversight, and it provides about $1 million for
oversight activities just to make sure the money is being appropriately
targeted.
This funding also includes about $175 million to support response
efforts related to the Zika virus--for example, our diplomatic and
consular programs; $14 million to address the Zika virus abroad,
including our own personnel. For emergencies in the Diplomatic and
Consular Service, we include about $4 million to support potential
costs of evacuating U.S. citizens from Zika-affected countries.
There is $1 million to enable financing of $1.9 million in
repatriation loans to U.S. citizens who are seeking to leave a Zika-
affected area outside of the United States or who have been exposed to
or contracted Zika.
As part of the global health programs, there is another $145 million
to support the ability of infected countries to implement vector
management and control programs to reduce the transmission of the
virus. This is important because a lot of the cases we are seeing are
coming from other countries. The virus has taken off in places like
Brazil and other places, and when we have U.S. visitors to those
places, ultimately what we are finding is that some people infected by
Zika abroad are trying to come into the United States, even if they
come in potentially on a tourist visa or what have you. So part of this
effort is to control it abroad so it doesn't ultimately spread and
reach here.
There is a lot, as I said, that is complex. There are a lot of funds
available. The good news is that it is being targeted in the right
direction. The good news for Florida is that as the only State so far
that has had a global transmission of Zika, we have included $15
million, which I think will be incredibly helpful for Florida.
So I urge my colleagues--we have all come at this from a different
perspective. There were a lot of other issues in play and a lot of
political rhetoric surrounding this, but I think we have reached the
point where, at least when it comes to Zika, we can rally around the
proposal that is before us. It is as good as we are going to get given
the time constraints we face, and we have waited far too long. We
cannot leave here on September 30, next week, without moving something
forward, and I think this gives us the best chance to get it done.
I urge my colleagues to support it as we go into the new week, and I
urge the House Members to look at this and rally around it. We have to
take action on this once and for all. This gives us the best chance of
success.
I am cautiously optimistic that we are going to be able to get this
done over here. I say ``cautiously'' because I want people at home to
understand that this provision for Zika is part of a much bigger
product that involves funding the Federal Government, and there are all
sorts of other issues that are still being debated.
As we heard the minority leader and others who have already spoken
today--I read it in the press--they are not big fans of the proposal
that is on the table. There are broader issues at play that could
potentially derail Zika, issues that have nothing to do with Zika
funding. There are other issues
[[Page 13433]]
being debated that could derail funding for Zika that have nothing to
do with Zika but involve some of these other issues associated with the
funding of the government.
This is important enough for us to move forward. I don't think anyone
wants to see a government shutdown, of course, but beyond that, I think
we have to get moving on this funding. We have heard loud and clear
that this has taken far too long.
Let me say that if this money doesn't start flowing--because I have
been really hard on the administration about spending the money that is
already available to them, but now I can tell you that money is slowly
dwindling. Here is the fact: If we don't get something done over the
next few days, the research on the vaccines and other things are going
to stop and come to a grinding halt.
If we want to save money on Zika, if we want to save money on this
issue once and for all, develop a vaccine. That is what needs to
happen. That can't happen if the funding is being threatened or if the
funding is not something they can count on to move forward. Also, these
local governments and municipalities and the State of Florida have
already expended significant amounts of money to deal with this issue,
including the mosquito control efforts. So that is important.
These cases are going to happen whether we fund it or not. That is
why I wanted us to do this in April and in May and June and in July. It
took too long. Here is where we are now. Better late than never. Let's
get this done as soon as possible so that we can give assurance to our
people back home that the Federal Government has stepped up and their
elected representatives have done their job to deal with this issue
once and for all.
With that, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. MERKLEY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Rubio). Without objection, it is so
ordered.
____________________
CLIMATE CHANGE
Mr. MERKLEY. Mr. President, today I rise to address an issue vital to
the future of our country and to the future of our planet: climate
change.
When President Kennedy told the Nation that we would land a man on
the Moon by the end of the 1960s, he said:
We choose to go to the moon in this decade and do other
things, not because they are easy, but because they are hard
. . . because that challenge is one that we are willing to
accept, one we are unwilling to postpone, and one which we
intend to win.
It was an ambitious goal--one that many believed was beyond reach.
The technology was not all in place. But on July 20, 1969, America and
the entire world watched Neil Armstrong take one giant leap for mankind
and become the first human to walk on the Moon. It was a powerful
moment. We achieved President Kennedy's vision. We accomplished the
improbable. We accomplished what many people thought was impossible
because America and the American people are known for overcoming great
challenges and achieving the impossible and because we set an ambitious
goal that inspired us to push past the limits of what we had previously
thought achievable. Now we have to do it again.
But whether we are looking out to the Moon or out to the stars, we
have to focus here on spaceship Earth and save our planet from
catastrophic climate change. We have to move quickly because to save
our planet--our beautiful, blue-green planet--we have to keep it from
warming more than 2 degrees Celsius, which is 3.6 degrees Fahrenheit.
The planet has already warmed nearly 1 degree Celsius since we started
burning fossil fuels, and we are running out of time.
Moreover, despite growing attention and growing concern around the
world, humankind's production of global warming gas is still increasing
rather than decreasing. We are in a race against time, and at this
moment, we are losing that race.
We need immediate, bold action. That is why in the upcoming months I
will introduce a plan that challenges our Nation to transition to 100
percent clean and renewable energy by the year 2050--a plan referred to
as 100 by 50. The 100 by 50 plan will set a goal of having no more than
50 percent of our country's energy come from fossil fuels by 2030 and a
complete phaseout of energy from fossil fuels by the year 2050.
There will be those who, as with President Kennedy's challenge, will
say that is beyond reach, but we already have in hand the vast majority
of the technology needed to meet this challenge. We need market
incentives that will dramatically accelerate the introduction and
deployment of these technologies. We need a continued effort to improve
the affordability and efficiency of these technologies. Like going to
the Moon, this has to be a challenge that our generation is willing to
accept, unwilling to postpone, and that we intend to win.
Climate change is here, and it is already having devastating impacts
on our world. We can observe climate change in many different ways,
through temperature readings of the planet, through the measuring of
carbon dioxide which drives temperature increases, and we can see it
through the changing, damaging facts on the ground, from glaciers to
fire seasons, to droughts, to rising sea levels.
Consider this. Since May of 2015, each and every month has set a new
temperature record--the hottest May of 2015, hotter than any May ever
recorded; June of 2015, hotter than any June ever recorded; July of
2015, hotter than any July ever recorded and so forth, 16 months in a
row. As NASA has recently announced, August of this year, 2016, has
tied July of this year, 2016, as the hottest month ever recorded, not
just the hottest July, not just the hottest August, not just the
hottest months of the year but the two hottest months ever recorded on
our planet. To put that into context, global temperatures in August
were almost a full degree Celsius above the 20th century average, well
on the way to reaching that 2-degree threshold that scientists refer to
as a threshold for catastrophic consequences. It isn't that
catastrophic consequences start just when we reach 2 degrees. We can
already see the facts on the ground, and we can already see the carbon
dioxide that is driving temperature is continuing to rise steadily.
We know carbon dioxide pollution that is spewing into the air from
burning fossil fuels is driving those temperatures. That is because, as
we burn more fossil fuel and emit more carbon dioxide, the carbon
dioxide traps the heat on our planet's surface and global temperatures
rise higher and higher. You can see that pattern going back hundreds
and thousands of years. You can also see it just looking at the time
from 1959 until now.
We have increased substantially the amount of carbon dioxide from 320
parts per million to now we have broken 400 parts per million. During
that time, temperatures have risen steadily just copying that carbon
dioxide level, just as it has over hundreds of thousands of years
before.
What we also see is that in this black line, which are the carbon
dioxide levels, we see the slope is going upward, meaning that the rate
of humankind pollution is increasing, not decreasing. Not so long ago,
scientists said we must curtail the pollution of the planet at 350
parts per million. That is down here, 350 parts. We are no longer
there. We passed that level quite a while ago in the late 1980s, and
here we are at 400, steadily going up.
So we see it in the temperatures, the hottest months ever on record
for 16 months in a row, we see it in the carbon dioxide, but we can see
it wherever we travel in this country through the facts on the ground.
Take my home State of Oregon. Our fire season is now 60 days longer
than it was 40 years ago, with ever greater acreage being burned. Just
this summer, we saw two wildfires--the Cherry Road and Rail Fires--burn
more than 100 square miles of land. Another example, warmer winter
months failing to kill the pine beetles, magnifying their
[[Page 13434]]
destructive infestations. On the coast of Oregon, we see the rising
acidity of the Pacific Ocean, the level 30 percent higher than it was
before we started burning coal, gas, and oil 150 years ago. That was
before the industrial revolution. It is making it much harder for the
oyster to be able to reproduce and to form shells in those first few
days of life.
Now, we may wonder, what does ocean acidity have to do with global
warming? Here is the situation. The carbon dioxide we are putting into
the air--much of it is being absorbed by the ocean. The amount that is
left is the amount you saw on the chart just a moment ago, but the
amount the ocean absorbs becomes carbonic acid. The ocean is so vast,
it is almost unimaginable that there could be enough carbon dioxide
that we are putting into the air to be absorbed by the ocean to create
carbonic acid to create this acidity level, but that is exactly what
has happened. If the shells of our oysters are being affected, what
else is being affected in the food chain? For example, what about the
impact on coral reefs?
Obviously, it is not just Oregon that is feeling the impact. Every
State we go to, we can find an impact of facts on the ground. We see
communities all along the East Coast, from Key West and Miami to
Wilmington, NC, Annapolis, New York, experiencing sunny-day flooding
because of rising sea levels. We have watched the glaciers of Glacier
National Park dwindle from 150 in 1910 to just 25 today.
As with the pine beetles, warmer weather is great for ticks, and out-
of-control tick populations are killing moose in Minnesota and New
Hampshire. The lobsters of Maine are moving north. That is not all. It
is like the 10 plagues in ancient Egypt--more devastating droughts,
more powerful floods, fiercer storms. It is a direct assault on rural
America, a direct assault on our fishing, forestry, and farming, and
that matters. It matters for rural America and it matters for urban
America.
Our Earth is changing at lightning speed right before our eyes. We
can evaluate this change through temperature records. We can evaluate
it through the recording of carbon dioxide levels. We can evaluate it
through the facts on the ground, and it is all going to get much worse,
year by year.
So there is no time to wait. To save our planet, we must move
quickly. We must move forward to end the burning of fossil fuels and to
do so in a short period of time. We must completely transform our
energy system.
In the first half of 2016, roughly 60 percent of our Nation's total
energy output came from burning fossil fuel. The good news there is, we
already have made a significant reduction, if you will, of the total
energy picture. There is a lot of clean and renewable energy we are
producing, but we have so much further to go.
On these bar charts, what we are seeing in red is the amount of
energy in different sectors: residential, commercial, industrial, and
transportation in the generation of electricity. The red is what is
being produced by fossil fuels, and the green represents what is being
produced by clean or renewable energy. These red bars have to go. We
need to transform them completely and do so to the green bar, renewable
and clean energy, by 2050.
This goal is achievable, but it is going to take enormous political
courage. Those vested deeply in the fossil fuel economy will--for their
personal profit, their company's profit--try to hold on to the fossil
fuel energy economy. It will not matter to them that they are
destroying the planet, but it should certainly matter to every single
Senator who serves in the U.S. Senate and every Member of the House. We
are responsible. We are responsible to take on this challenge.
The first thing we should do, because it is a fabulously effective
tool, is put a fee on carbon. A fee on carbon drives our economy to
eliminate carbon in the most cost-effective ways, unleashing a torrent
of technology, the development of technology in the best possible,
cost-effective way to turn these red bars into green bars.
We have seen this work before. We applied this strategy to sulfur
dioxide, and the result was that with less expense and less time than
anyone imagined, we were able to tackle that problem, and what works
for sulfur dioxide works for carbon dioxide. The impact on the price of
carbon will be immediate and substantial. One of the reasons is, we
already have significant, powerful technologies that will be mobilized
by such a carbon fee.
Let's examine some of the major energy sectors, starting with
electricity. The potential electricity we could generate in the United
States from just wind and solar is over 120 times the amount of
electricity currently generated from fossil fuels. This is the amount
of energy currently generated in electricity from fossil fuels. This
large green sphere is the potential energy--the theoretical potential
energy--from solar and wind. So we have a lot to work with.
Here is more good news. Solar and wind energy has grown increasingly
affordable in recent years. For instance, photovoltaic solar panels
produced electricity at 39 cents per kilowatt hour in 2009. That is up
here. In 2014, it was 8 cents per kilowatt hour, an almost fivefold
reduction. We see in communities and cities all across the country,
businesses and homes with solar panels on their rooftops. We start to
see businesses putting up arrays, not just on rooftops but sometimes in
their yards. Those declining costs matter. If you put a carbon fee on
top of it, you drive that deployment.
Over the same period, the cost of wind was cut by more than half,
from 14 cents per kilowatt hour to 6 cents per kilowatt hour. In the 2
years since the 2014 numbers, the story has continued to be one of
declining costs. Those declining costs, together with Federal tax
credits, have resulted in a rapid growth in wind and solar energy
deployment.
Let's take a look at the solar side. We have on the red line the
declining cost per kilowatt hour of solar energy and on the blue bars
the increasing deployment of solar energy. That is pretty dramatic,
rapid drops in costs, rapid increase in deployment.
We see the same thing in wind. On wind power, we see declining costs
occurring here, and we see increased deployment since the year 2000. In
the early 2000s, I was traveling the State, talking to folks interested
in running for the Oregon State Legislature. In the very first trip I
took, I was traveling in the area and saw the first big wind turbines
being deployed on the plateau east of the Cascades. Then 6 months
later, 1 year later, 2 years later, there was a huge increase in
deployment of wind turbines, mimicking what we see on this chart right
here.
Here is a fascinating number. In the first quarter--this is the first
3 months of this year--96 percent of the new electricity-generating
capacity has come from wind and solar. That is a stunning number. Most
people think the new generation capacity is coming from natural gas
because it has dropped so much in cost, but 96 percent in the first 3
months of this year came from wind and solar.
If we make a national commitment to these and other clean, renewable
sources, such as geothermal and wave energy, we can absolutely achieve
100 percent green electrons--clean, renewable electrons by 2050,
eliminating fossil fuels in the generation of electricity.
This decision is not without challenges, just as the journey to the
Moon was not without challenges. Most significantly, we have to match
the supply of the variable solar and wind energy to the demand for
electricity. As we know, for solar and wind to generate electricity,
the Sun has to shine and the wind has to blow, but there are a number
of ways we can tackle this challenge.
One answer is to shift demand through peak load pricing, encouraging
consumers, for example, to shift flexible consumption, such as drying
your clothes, to match the supply. We change the time of day we use our
dryer. Another possibility is to increase the grid of electricity from
one region where there is excess supply to another region where there
is excess
[[Page 13435]]
demand. A third answer is to store electricity, which can be
accomplished through quite a variety of technologies. To name a few,
you can store energy in a liquid salt solution at high-temperature
solar projects. You can use pump storage, where you pump water up a
hill and then you run it back down through turbines. You can use
battery storage. By investing in these strategies, the elimination of
fossil fuels in the generation of electricity is within our grasp.
Let's turn to transportation. Fossil fuels have dominated the
transportation sector for a century, but that is changing. One change
is the greater deployment and use of mass transit, light rail,
streetcars, bicycles, and pedestrian transit. These investments get
people out of fossil fuel cars. That trend continues, and we should
encourage it.
Another strategy is electrify the cars themselves. We have seen
tremendous progress in the electric car market thanks to falling prices
and growing consumer demand. Today there are approximately 500,000
plug-in vehicles driving on our roads. You can see how that really
started in 2010, and here we are 6 years later at half a million cars,
with a steady upward growth. Electric vehicles are far more viable
today than they were in 2010 because the most expensive component of an
electric vehicle is the battery, and the price of batteries--lithium
ion batteries--has been plunging, dropping fourfold since 2008 to less
than $300 per kilowatt hour.
We have also seen other parts of the transportation industry adopt
electricity into their fleets. Mack Trucks, for example, has developed
an electric hybrid garbage truck. Proterra, an innovator in heavy-duty
electric transport, recently unveiled an electric bus that can travel
350 miles on a single charge. They are developing a recharging capacity
that can recharge a bus faster than you can put diesel into a diesel
bus tank.
What about aviation? How do we transition our airlines from fossil
fuels? Well, biofuels are a piece of the puzzle. United Airlines has
started using a mixture of 30 percent biofuel and 70 percent
traditional jet fuel for flights from Los Angeles to San Francisco.
JetBlue just announced a 10-year contract to buy 350 million gallons of
renewable biofuels to mix into its fuel supply. That will account for
about 20 percent of its annual fuel use at Kennedy International
Airport. Other airlines, including Lufthansa and Virgin Atlantic, are
embracing biofuels.
Let's think a little bit about long-haul trucking, which currently
runs virtually universally on diesel. It is a big challenge. Biodiesel
can play a role here, as it does in aviation. A few years ago, Poland
Springs switched to a 5-percent biodiesel blend for its fleet of
tractor trailers and tanker trucks. The company estimates that not only
did it reduce its annual carbon emissions by 1.8 million pounds in the
first 2 years, but it saved about $70,000 in fuel costs. That is a
pretty substantial incentive.
As more and more firms seek to replace fossil diesel with biodiesel,
production has surged, increasing from 343 million gallons in 2010 to
1.2 billion gallons in 2014. But while the production and use of
biodiesel is growing, we don't anticipate that it will be a complete
answer. The production of biofuel has challenges of its own, including
a potential disruption of food agriculture.
We have to keep developing and looking at a variety of technologies,
possibly including, for example, the development of hydrogen fuel
cells. Nikola Motor, an electric truck startup in Salt Lake City,
announced plans at the end of last month for its upcoming Nikola One
big rigs to run on custom-made hydrogen electric fuel cells. These
trucks are going to be designed to travel 1,200 miles between hydrogen
fill-ups.
If hydrogen does become viable along established routes for trucking,
we will need to generate a lot of hydrogen, and we can do that from
electricity, putting the green electrons to work in this challenge and
establishing a fuel deployment infrastructure.
What about residential and commercial heating? About one-fifth of all
natural gas is used to heat homes and water in residences. Both of
these objectives can be accomplished through electrification. The good
news here is that heat pumps, powered by green electrons, can be cost-
competitive with gas heating in most climates, even at today's very low
natural gas prices.
Replacing the use of natural gas in the commercial and industrial
sectors will be more challenging, especially industrial manufacturing.
Electrification will help. Conservation will help. They will be part of
the solution. In some cases, there may not be a solution. There may not
be a viable answer. We will need to employ carbon offsets to reach net
zero generation of carbon dioxide from the burning of fossil fuels.
So there are pieces of this puzzle we will have to figure out. Just
as our predecessors in the space program did not have all of the
answers when they set out on a mission to put a man on the Moon, we
don't have all of the answers now, but we have a lot. With the
diligence and determination that has characterized the American spirit,
we will find more answers and we can reach these goals.
We have so much of the technology in hand to propel ourselves into
the 100-by-50 vision, but we need political courage. We need commitment
as a nation. We need to take responsibility because we are the first
generation feeling the impact of the disruptive ravages of climate
change, and we are the last generation that can do something about it.
And we do so, driving a rapid transition from a fossil fuel-based
energy economy to a clean renewable one.
One thing is certain: It is going to mean a lot of new jobs. That is
pretty exciting. There is going to be a lot of innovation. That is
pretty exciting. Already more than 2.5 million Americans go off to work
every day in the clean and renewable energy industry. Some 414,000 are
employed in renewable generation, such as solar and wind. In just the
past 6 years, the solar industry alone has added 115,000 jobs. Another
170,000 are employed in advanced vehicles, working to move the
automotive industry further toward hybrid and electric vehicle
technology. Imagine how many more jobs we will create if we truly
commit and invest in clean and renewable technologies. Imagine what a
boon it will be to our economy to be the leader in these industries,
selling and exporting the technology and the products that we develop
around the world.
As we head into this exciting frontier, we have an obligation to do
right by all the American workers, the men and women who rely on jobs
in fossil fuel industries to provide for their families. We need to
make sure they have the support and the training and the help to
transition to work in the new industries. We need to make sure no
worker in the fossil fuel world is left behind.
These are the basic elements of the 100-by-50 plan I will be
introducing to move our country from fossil fuel to clean renewable
energy:
One. Adopt a price on carbon to put our markets to work on this
mission.
Two. Utilize energy conservation--virtually always the most cost-
effective strategy.
Three. Convert all electricity generation from fossil fuel electrons
to green electrons.
Four. Shift as many uses as possible from the fossil fuel energy
world to the electric energy world, including various applications in
transportation and home and business heating.
Five. Sustain substantial investments in research and development to
improve current technologies and develop new ones.
Finally, for the most difficult challenges, we may consider utilizing
carefully constructed carbon offsets to reach net zero fossil fuels.
Fellow citizens, colleagues here in the Chamber, we need a bold plan
to save our beautiful, blue-green planet from the ravages of global
warming. This 100-by-50 is that plan--completely overhauling our energy
system over the next three and a half decades, eliminating carbon
dioxide from the burning of fossil fuels by 2050.
By leading this fight, America will benefit from all of the
technological innovation it generates. By leading this
[[Page 13436]]
fight, America will generate good-paying jobs. By leading this fight,
America will have the moral standing to pull together the nations of
the world onto a parallel path. America must lead this charge. We are
the only Nation that can. We have the best scientific and technical
minds in the world.
The American people have the courage to take on big challenges. By
leading this fight, America will bring together the nations of the
world. Working together, we will save our planet. The world needs to
act, and to act now, to tackle the devastating impacts of climate
change. It cannot wait. But they will need our example--a national
commitment to revolutionizing our energy sector to spur them to action,
to set an example, to work in cooperation.
Daniel Burnham, the great American architect, once said:
Make no little plans; they have no magic to stir men's
blood and probably will themselves not be realized. Make big
plans; aim high in hope and work.
We need to stir our blood and our hearts and our minds and our souls
to this great challenge. We need to do everything in our power,
utilizing every tool at our disposal. We are in a very real race
against time, and it is a race in which we are behind but a race we
must not lose. That is our responsibility. That is our moral obligation
to our children and their children and their children's children.
Some will say this can't be done, but I say to them and I say to you:
Do not bet against America. We conquered the electron and harnessed
electricity. We beat gravity to soar above the clouds. We cured
diseases, invented the telephone, the television, and the Internet.
When President Kennedy called us into action, we, America, traveled to
the Moon. When we commit ourselves, there is nothing American ingenuity
cannot accomplish. We will find the answers. We will achieve the
impossible. At this moment, let's embrace the urgency of this mission
and determine to act immediately and to act boldly.
Fellow Americans, colleagues, let's join together and set ourselves
and our Nation and, through our leadership, the world's community of
nations on a course to make this giant leap for mankind.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Cassidy). The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ORDER OF PROCEDURE
Mr. McCONNELL. Mr. President, I ask unanimous consent that
notwithstanding the provisions of rule XXII, the pending cloture
motions with respect to H.R. 5325 not ripen until 2:15 p.m., on
Tuesday, September 27; I further ask that if cloture is invoked on the
substitute amendment, cloture be considered to have been invoked at 6
p.m., on Monday, September 26.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. McCONNELL. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. COATS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
100TH ANNIVERSARY OF THE AMERICAN RED CROSS, NORTHERN NEVADA CHAPTER
AND SOUTHERN NEVADA CHAPTER
Mr. REID. Mr. President, today I wish to recognize the 100th
anniversary of the American Red Cross, Northern and Southern Nevada
Chapters.
The Northern and Southern Nevada Chapters of the American Red Cross
were established during World War I, when a small group of women came
together to knit sweaters, socks, and caps for troops overseas. Since
then, the American Red Cross in Nevada has provided invaluable support
and services to those in need. For instance, during the Great
Depression, the American Red Cross provided temporary housing,
nutritious meals, and clean drinking water. The American Red Cross also
provided disaster relief after the 1999 Clark County flood that caused
extensive property damage.
For 100 years, the American Red Cross in Nevada has served numerous
people in our community, Nation, and throughout the world. Today 650
volunteers facilitate essential programs for Nevadans, including
services for the Armed Forces, community preparedness training, youth
services, and international programs to reconnect families. Through
these programs, the American Red Cross transforms the lives of
individuals and families across the Silver State.
The American Red Cross in Nevada has made many noteworthy
contributions to our community. Its services ensure that Nevadans
receive relief during their most difficult times. The American Red
Cross's work is appreciated and admired, and I wish them continued
success.
____________________
25TH ANNIVERSARY OF THE LAS VEGAS NATURAL HISTORY MUSEUM
Mr. REID. Mr. President, today I wish to recognize the 25th
anniversary of the Las Vegas Natural History Museum. For a quarter
century, the museum has inspired curiosity, appreciation, and
responsibility for the natural world and its resources. It is my great
pleasure to recognize the institution, its employees, and its board
members before the U.S. Senate today.
The Las Vegas Natural History Museum began as a culmination of
efforts by dedicated Nevadans, including executive director and founder
Marilyn Gillespie, to protect the State's collection of wildlife and
prehistoric exhibits. Through cooperation with the Las Vegas City
Council and partnerships within the Las Vegas area, the museum was soon
able to officially open its doors to visitors in 1991. Since then, the
museum has expanded to include a multibillion dollar collection of
regional and global artifacts, as well as a variety of interactive
scientific exhibits and educational resources. In 2002, the Smithsonian
Institution granted affiliate membership to the Las Vegas Natural
History Museum, further enhancing its exhibits and impact on visitors.
Early collaborations within the Las Vegas area provided the framework
for a history of community engagement that continues to define the
institution to this day. Last year, more than 23,000 educational tours
were provided to students from Clark County, each of which were
designed to meet State educational requirements. The museum also
continued its Open Doors Program, allowing more students from at-risk
or economically disadvantaged schools to visit the museum.
At a time when environmental stewardship is more important than ever,
I am proud to join my fellow Nevadans in celebrating this important
milestone. As we look back on 25 years of scientific exploration and
discovery, we look forward to many more in the future.
____________________
OPENING OF THE NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE
Mr. DURBIN. Mr. President, this weekend the doors will open on a new
American treasure. The National Museum of African American History and
Culture tells the story of a people whose toil and genius helped create
America and whose contributions in every walk of life have enriched our
Nation beyond measure.
The museum stands majestically on the National Mall, at the foot of
the Washington Monument.
If you stand at the museum's entrance and look in one direction you
see the Lincoln Memorial, where Marian Anderson sang and Dr. King spoke
of his dream for America.
Look in the other direction and you can see a plot of land where,
just several generations ago, men, women and
[[Page 13437]]
children were sold like chattel--close enough to this Capitol that
members of Congress could hear their anguished cries.
Those stories and many, many more, are chronicled within the walls of
this ambitious and long overdue museum.
The National Museum of African American History and Culture
represents America's first official attempt to tell the story of
African Americans--a story that spans 600 years and stretches from the
indignity and inhumanity of slavery to the long and still ongoing march
for freedom that changed our Nation and our world.
As one writer described it, the museum is ``a shifting mix of sadness
and celebration.'' It is a record of brutal subjugation, racial
violence, and discrimination--and it is the story of a resilient people
who survived those horrors and created a rich and vibrant culture.
The new museum is the 19th in the priceless portfolio of the
Smithsonian Institution.
If you ask African Americans about the significance of the new
museum, you are likely to hear many answers. One answer you will hear
over and over is: ``Now our ancestors can rest.''
At long last, the stories of struggle, perseverance, and achievement
that have been passed down, generation after generation, in African-
American families finally have an official and honored repository in
America.
Speakers at the museum's opening on Saturday will include President
Barack Obama and former President George W. Bush--two Presidents, one
Republican and one Democrat, a White man and our Nation's first
African-American President. Imagine the ancestors' delight at that
line-up.
As many as 100,000 people from all over America are expected to visit
the museum on this opening weekend--like one giant, proud family
reunion.
The National Museum of African American History and Culture tells the
harrowing story of slavery, Jim Crow, and segregation. It also
documents the civil rights movement of the 1950s and 1960s--the
template for the women's movement, the disability rights movement, and
other modern human rights struggles in America and around the world.
But the Museum of African American History and Culture is more than a
story of suffering and struggle. It is a celebration of resilience and
triumph--of faith in America and in a better future.
It showcases the countless ways in which African Americans have
enriched and enlivened American culture and society--in sports, music,
literature, and art--in commerce and business, and in scientific
discovery.
While it focuses on African Americans, it is a museum for all
Americans--because you cannot truly understand American history without
understanding African-American history and the difficult, often
inspirational, and always central role that African Americans have
played in our history.
Lonnie Bunch III is a brilliant historian and educator. He is also
the founding director of the Smithsonian's National Museum of African
American History and Culture.
As he says, the history of African Americans is ``the quintessential
American story,'' a story of measured progress and remarkable
achievement after an ugly period of painful oppression.
From 2001 to 2005, Lonnie Bunch served as president of the Chicago
Historical Society, now called the Chicago History Museum. That is
where I came to know and respect him.
During his short tenure, Lonnie Bunch oversaw a hugely successful
expansion of the Chicago History Museum, and he helped broaden
community support for the museum dramatically.
He became almost as much of a cultural treasure as the museum itself,
and we hated to see him leave Chicago.
But the chance to help create the National Museum of African American
History and Culture--literally, from the ground up--was the challenge
of a lifetime.
It was also, as Lonnie Bunch will tell you, something he felt he
needed to do for his ancestors, to honor their struggle and
perseverance.
When he signed on to head it in 2005, the National Museum of African
American History and Culture had no staff, no collection, and no
building--not even a blueprint.
No Smithsonian museum had ever started life without a collection.
What is more, the museum's initial, very modest acquisitions budget
meant that many of the most valuable artifacts of African-American
history sell at traditional auctions were beyond the financial reach of
the new museum.
So Lonnie Bunch conceived of a brilliant strategy to build the
museum's collection.
He and his staff conducted ``Antiques Roadshow'''-style programs in
15 cities called ``Save Our African American Treasures.''
Their hunt for African-American treasures kicked off in January 2008
at the Harold Washington Public Library in Chicago. Hundreds of people
brought family heirlooms to be inspected and appraised.
Many of the nearly 40,000 artifacts in the new museum's collection
came from these shows. In city after city, people brought treasured
objects that had been in their families for years and generations and
said: ``We've cared for this until now. We trust the Smithsonian to
keep it safe from now on.''
Among the treasures is Harriet Tubman's prayer shawl, given to her by
Queen Victoria, and the great abolitionist's personal hymnal.
As the endpoint in the great migration of African Americans from the
Deep South to the North, Chicago holds a special place in African-
American history and that is reflected in the new museum.
One of the most powerful exhibits is the original glass casket that
held the battered body of Emmett Till, the 14-year-old boy from Chicago
who was viciously murdered by two White men in Mississippi in 1955.
Emmett Till was kidnapped, beaten to a bloody pulp, and shot in the
head. His broken body was then weighted down and thrown into a river.
His grieving mother, Mamie Till Moseley, insisted that the casket
remain open during her son's funeral so the world could see what racial
hatred and violence had done to her only child.
The images of Emmett's mangled body shocked the Nation's conscience
and fueled the modern civil rights movement.
Rosa Parks said she was thinking of those images 3 months later when
she refused to give up her seat and move to the back of the bus.
Other treasures from Chicago and Illinois include objects from the
Pullman Car Company and from famed African-American publications
including Ebony and Jet magazines and the Chicago Defender newspaper.
There are photographs from fair housing marches led by Dr. Martin
Luther King in Marquette Park, a neighborhood in southwest Chicago in
1966. Dr. King was struck in the head by a brick thrown from an angry
mob. Those marches showed America that racial animus and violence was
not simply a Southern problem, it was an American problem.
Only nine African Americans have ever served in this Senate. Illinois
is proud to be home to three of those Senators, including the man who
went on to become our first African-American President.
Among the museum's artifacts from Barack Obama's historic public life
is the entire contents of a 2008 Obama for President headquarters in
Falls Church, VA--packed up--lock, stock and barrel--and preserved by
the Smithsonian for future generations.
Among the museum's other treasures are a fighter jet flown by
Tuskegee Airman and shards of glass from the horrific Klan bombing in
1963 of the 16th Street Baptist Church in Birmingham, an act of
terrorism that claimed the lives of four little girls attending Sunday
school.
Other artifacts remind us that the long march to freedom is not
entirely over yet.
Poll tax receipts from a century ago remind us of the need to be
vigilant in protecting every Americans' constitutional right to vote.
[[Page 13438]]
A guard tower from the infamous Angola State Penitentiary reminds us
that racial inequities persist in America's criminal justice and we
have more work to do to root it out.
To borrow a phrase from the immortal Sam Cooke, the National Museum
of African American History and Culture ``has been a long, long time
coming.''
It was first proposed more than a century ago by African-American
veterans of the Civil War.
Congress approved it once, in 1927, but never funded it because of
the Depression.
The idea was resurrected in the late 1980s, led by Congressman John
Lewis of Georgia, an icon of the civil rights movement.
For 15 years, though, a bill to create the museum was defeated
The logjam was finally broken in 2003, when President George W. Bush
took up the cause.
More than any previous Smithsonian museum, this one has relied on
private donations, rather than just public dollars.
A number of celebrities have made very large gifts, including $5
million from Michael Jordan and $21 million from Oprah Winfrey, the
largest single benefactor.
But many of the donations have come from churches, sororities and
fraternities, and other African-American groups. A large amount--$4
million--came from average people in gifts of less than $1,000.
The new museum looks like nothing else on the National Mall. It is
clad in burnished bronze grillwork and built to resemble a three-tiered
crown from an old African kingdom.
Looking at it, one is reminded of the words of the writer James
Baldwin. In exhorting African Americans to take pride in their history,
Baldwin wrote: ``Your crown has been bought and paid for. All you must
do is put it on.''
The National Museum of African American History and Culture is one of
the great jewels in that crown. It will help the ancestors to rest and
allow this and future generations to learn and be inspired, and that is
cause to celebrate.
____________________
EXPLANATORY STATEMENT REGARDING AMENDMENT NO. 5082 TO H.R. 5325
Mr. COCHRAN. Mr. President, I ask unanimous consent to have an
explanatory statement regarding Senate amendment No. 5082 to H.R. 5325
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
EXPLANATORY STATEMENT SUBMITTED BY MR. COCHRAN OF MISSISSIPPI, CHAIRMAN
OF THE SENATE COMMITTEE ON APPROPRIATIONS REGARDING THE SENATE
AMENDMENT TO H.R. 5325
The following is an explanation of the ``Continuing
Appropriations and Military Construction, Veterans Affairs,
and Related Agencies Appropriations Act, 2017, and Zika
Response and Preparedness Act''.
This Act includes the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2017
(Division A), the Zika Response and Preparedness
Appropriations Act, 2016 (Division B), the Continuing
Appropriations Act, 2017 (Division C), and a division on
rescissions of funds (Division D). H.R. 5325 was used as the
vehicle for the Senate amendment.
Section 1 of the Act is the short title of the bill.
Section 2 of the Act displays a table of contents.
Section 3 of the Act states that, unless expressly provided
otherwise, any reference to ``this Act'' contained in any
division shall be treated as referring only to the provisions
of that division.
Section 4 provides a statement of appropriations.
Section 5 states that each amount designated by Congress as
an emergency requirement is contingent on the President so
designating all such emergency amounts and transmitting such
designations to Congress.
Section 6 of the Act specifies that this explanatory
statement shall have the same effect with respect to the
allocation of funds and implementation of this Act as if it
were a joint explanatory statement of a committee of
conference, and it specifies that any reference to the
``joint explanatory statement accompanying this Act''
contained in division A shall be considered to be a reference
to this explanatory statement.
References in this explanatory statement in division A
(Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2017) to ``conferees'' are
deemed to be references to the Committees on Appropriations
of the House of Representatives and the Senate, and
references to the ``conference agreement'' are deemed to be
references to the recommendations in division A of this Act.
The Act does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
by clause 9 of rule XXI of the Rules of the House of
Representatives.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
The following is an explanation of the effects of Division
A, which makes appropriations for Military Construction,
Veterans Affairs, and Related Agencies for fiscal year 2017.
Unless otherwise noted, reference to the House and Senate
reports are to House Report 114-497 and Senate Report 114-
237. The language set forth in House Report 114-497 and
Senate Report 114-237 should be complied with and carry the
same emphasis as the language included in the joint
explanatory statement, unless specifically addressed to the
contrary in this joint explanatory statement. While repeating
some report language for emphasis, this joint explanatory
statement does not intend to negate the language referred to
above unless expressly provided herein. In cases in which the
House or the Senate has directed the submission of a report,
such report is to be submitted to both Houses of Congress.
House or Senate reporting requirements with deadlines prior
to, or within 15 days after enactment of this Act shall be
submitted not later than 60 days after enactment of this Act.
All other reporting deadlines not specifically directed by
this joint explanatory statement are to be met.
TITLE I--DEPARTMENT OF DEFENSE
Bid Savings.--The conferees note that, given information
for cost variation notices required by 10 U.S.C. 2853, the
Department of Defense continues to have bid savings on
previously appropriated military construction projects.
Therefore, the agreement includes rescissions to the Army,
Air Force, and Defense-Wide construction accounts. The
Secretary of Defense is directed to continue to submit 1002
reports on military construction bid savings at the end of
each fiscal quarter to the Committees.
Missile Defense.--The conferees remain committed to rapidly
implementing the European Phased Adaptive Approach (EPAA).
Construction of the first Aegis Ashore missile defense site
in Deveselu, Romania, is complete and the site is
operational. The Committees fully funded construction of the
second site at Redzikowo, Poland, in fiscal year 2016, and
expect the Missile Defense Agency to pursue an aggressive
construction schedule to bring this critical asset online.
Additionally, the conference agreement fully funds the
request for the first phase of the Long Range Discrimination
Radar at Clear, Alaska. This radar will dramatically improve
our ability to effectively target ballistic missile threats
to the homeland coming from the Pacific. As the missile
threat continues to evolve, the conferees remain strongly
supportive of the expeditionary deployment of a Terminal High
Altitude Area Defense battery on Guam. The conferees
encourage the Department of Defense to consider making this
deployment permanent and request the appropriate military
construction projects in support of this critical mission be
requested in future budget submissions.
Overseas Contingency Operations.--The conference agreement
includes House Title IV, Overseas Contingency Operations. The
Senate bill included funding for similar projects in Title I.
Emerging Security Threats in Europe.--The conferees are
aware that heightened tensions between Russia and Europe
following Russia's invasion of Ukraine in 2014 have increased
security threats to European nations, particularly in Eastern
Europe. In response to Russian aggression, the Administration
in 2014 announced the European Reassurance Initiative (ERI)
to enhance allied security by increasing the presence and
joint training activities of U.S. military forces in Europe.
The ERI includes a number of military construction projects
funded in both fiscal year 2015 and in this Act. The
conferees note that although ERI military construction
funding was originally intended to be a one-time only
investment, the evolving nature of the threat has prompted
the Department of Defense (DOD) to expand its plans for
investing in military construction to support the continual
presence of U.S. rotational military forces in Europe,
increased training activities with European allies, and the
prepositioning of Army combat-ready equipment in Poland to
support an armored brigade combat team.
The conferees recognize the importance of providing
reassurance and security to the Nation's European allies, but
are concerned that DOD has not outlined a comprehensive
[[Page 13439]]
plan for military construction requirements to support the
ERI. Instead, the Committees have received ad hoc
notifications of proposed planning and design expenditures
for projects in support of the ERI, including a $200,000,000
facility for prepositioning Army combat brigade equipment in
Poland, and nine ERI-related Air Force projects, primarily at
U.S. Air Force bases in Germany, estimated to cost a total of
$260,000,000.
Given the magnitude of the planned ERI military
construction investment thus far, the conferees direct the
Secretary of Defense to provide to the Committees on
Appropriations of both Houses of Congress (the Committees),
with submission of the fiscal year 2018 budget request, a
comprehensive plan for military construction requirements
associated with the European Reassurance Initiative through
the fiscal year 2018 Future Years Defense Program.
The conferees further direct the Comptroller General of the
United States to provide to the Committees, not later than
one year after the date of enactment of this Act, a report
evaluating the extent to which the Department of Defense has
developed a comprehensive force structure plan, including
military construction requirements, to meet emerging security
threats in Europe. The report shall include an assessment of
the extent to which the Department has:
(1) identified the near-term and long-term United States
military force requirements in Europe in support of the
European Reassurance Initiative;
(2) evaluated the posture, force structure, and military
construction options for meeting projected force
requirements;
(3) evaluated the long-term costs associated with the
posture, force structure, and military construction
requirements; and
(4) developed a Future Years Defense Program for force
structure costs associated with the European Reassurance
Initiative.
The report shall also include any other matters related to
security threats in Europe that the Comptroller General
determines are appropriate, and recommendations as warranted
for improvements to the Department's planning and analysis
methodology. The reports shall be provided in the appropriate
classified and unclassified formats.
Al Udeid Air Base Mold Contamination.--The conferees are
concerned about reports that airmen serving at Al Udeid Air
Base in Qatar were living in dangerously contaminated
barracks. On social media and later in the press, reports
detailed collapsing ceilings, contaminated water, and toxic
black mold found throughout the facility. The Committees have
raised concerns in the past about low levels of funding for
facility sustainment, restoration and modernization, and if
the black mold issues at Al Udeid were a result of a lack of
funding for maintenance, that is unacceptable. Also, the
conferees are aware that the Department of Defense Inspector
General released a report in September 2014 (DODIG-2014-121)
that identified 1,057 deficiencies and code violations ``that
could affect the health, safety, and well-being of
warfighters and their families'' stationed in Japan. Included
among the deficiencies were elevated levels of radon and
excessive mold growth. In light of the Inspector General
report and the reports from Al Udeid, the conferees direct
the Department to submit a report to the congressional
defense committees not later than 180 days after enactment of
this Act detailing global military housing and expeditionary
facilities locations with mold contamination, mitigation
strategies implemented or expected to be in place, and any
new construction standards designed to prevent mold
contamination.
MILITARY CONSTRUCTION, ARMY
The conference agreement provides $513,459,000 for Military
Construction, Army. Within this amount, the conference
agreement provides $98,159,000 for study, planning, design,
architect and engineer services, and host nation support.
Aging Army hangars for Combat Aviation Units.--The
conferees recognize that the Army's aging hangars housing
combat aviation units are structurally deficient and do not
meet the operational requirements of the Army's Combat
Aviation Brigades. A critical need exists for the Army to
modernize infrastructure associated with operational needs,
inclement weather, personnel changes, and unforeseen
circumstances. The conferees direct the Secretary of the Army
to submit a report to the congressional defense committees
not later than 90 days after the enactment of this Act
detailing the age and condition of the Army's Combat Aviation
Brigade aircraft maintenance hangars, a prioritization of the
most deficient infrastructure assets, and a plan to modernize
or replace those hangars, including the required resources.
Air traffic control facilities.--The conferees are
concerned that many of the Army's air traffic control
facilities are unsafe, antiquated, and do not provide
adequate control, communications or observation abilities for
the current air traffic levels at certain locations. For
example, the current facility located at Fort Benning,
Georgia, will become wholly inadequate at the current pace of
operations and a replacement facility is necessary to ensure
air traffic services are available to support mission
readiness and deployment platforms and the military flying
community. The conferees are concerned that this could be a
problem throughout the Army enterprise with the recent
reductions to the Department of Defense's construction
accounts. Therefore, the Secretary of the Army is directed to
conduct a risk assessment on Army air traffic control
facilities throughout the Army enterprise and develop a plan
to update these facilities. This assessment shall be
submitted to the congressional defense committees not later
than 60 days after enactment of this Act.
Defense Laboratory Enterprise Facilities and
Infrastructure.--The conferees note that DOD investment in
Defense laboratories has been lacking, resulting in negative
impacts on the ability of the military to develop new
acquisition programs or perform cutting-edge research. At the
same time, the Nation's near-peer competitors are making
significant new investments in their research and development
capabilities as part of the effort to close the technology
gap with the U.S. military. Of additional concern, aging lab
infrastructure also creates a disincentive to attracting new
employees as DOD tries to rebuild its technical workforce.
One of the tools that Congress has provided to incentivize
DOD lab investment is the establishment of a higher threshold
for unspecified minor military construction (UMMC) for
laboratories to enable the services to keep up with a threat
that evolves faster than the normal planning process.
However, the conferees are concerned that the services are
not programming sufficient UMMC to take full advantage of the
laboratory revitalization initiative. For example, in fiscal
year 2016, the Army, which operates an extensive network of
DOD labs, did not allocate any unspecified minor military
construction funding for necessary laboratory revitalization
projects, and the request for UMMC in the Army has remained
flat at $25,000,000. Therefore, the conference agreement
provides an additional $10,000,000 to supplement unspecified
minor military construction, and the Army is encouraged to
pursue opportunities to use the additional funding for lab
revitalization.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement provides $1,021,580,000 for
Military Construction, Navy and Marine Corps. Within this
amount, the conference agreement provides $88,230,000 for
study, planning, design, architect and engineer services.
Military Construction funding for the Navy and Marine
Corps.--Conferees are concerned about the need for the
construction of an F-35C aircraft maintenance hangar, a
communications complex and infrastructure upgrades, and an F-
35C aircraft parking apron for the Marine Corps' four F-35C
squadrons on the West Coast. This construction supports
Carrier Air Wing operations with the USS Carl Vinson as the
first F-35C compatible ship on the West Coast in support of
the Pacific Command Area of Responsibility. The Marine Corps
has identified these projects as its top priorities, critical
to the F-35C squadrons and the conferees support these
priorities.
Townsend Bombing Range.--Concerns still remain regarding
the Townsend Bombing Range and its effect on the local timber
industry. While the Navy and local stakeholders have started
a dialogue, an agreement has not yet been reached. The
conferees look forward to an agreement that meets the Navy's
training needs and protects local timber stakeholders.
Navy Unfunded Reprogramming Requirements.--The Committees
were recently informed that the Navy has been underestimating
the cost of major construction projects over the past several
years due to unrealistic cost assumptions and a flawed
construction cost formula. The Navy acknowledges that it has
been aware of this problem for some time but had taken no
action to remedy the deficiencies in its construction cost
estimating process or to notify the Committees in a timely
manner of the situation or its potential impact on the
execution of projects. As a result, the Navy is faced with a
large inventory of underfunded projects, and insufficient
unobligated balances from bid savings or cancelled projects
to cover the shortfall. Thus, a number of authorized projects
for which funds have been appropriated over the past several
years are at risk due to insufficient funds to award a
contract.
The conferees provide an additional $89,400,000 in this
Act, to address the Navy's highest priority urgent unfunded
reprogramming requirements as well as unanticipated emergency
construction requirements. However, the conferees are
concerned that this is just the tip of the iceberg, and that
additional underfunded projects for which no ready source of
reprogramming funds is available will emerge. Therefore, the
conferees direct the Secretary of the Navy to reassess the
sufficiency of the appropriation request for all previously
appropriated projects for which contracts have not been
awarded, and to provide to the congressional defense
committees, within 60 days of enactment of this Act, (1) a
detailed analysis of the process and decisions that led to
the underestimating of construction costs, (2) the
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revised cost estimate, if applicable, for any project that is
estimated to be underfunded due to unrealistic cost
assumptions and/or a flawed construction cost formula, (3) a
plan of how the Navy intends to address the shortfall within
its own resources, including the identification of any
previously appropriated projects that might have to be
cancelled, and (4) a description of the steps it is taking to
remedy the cost estimating process for future construction
projects.
The conferees further direct the Secretary of Defense to
review the construction cost formulas used to develop
military construction appropriation requests by the Naval
Facilities Engineering Command and the U.S. Army Corps of
Engineers to assess the reliability of the formulas, and to
report to the congressional defense committees within 90 days
of enactment of this Act on its findings and any
recommendations to improve the fidelity of the construction
cost formulas.
All the services, including the Navy, have informed the
Committees for the past several years that construction costs
have been rising with the improving economy and the rebound
of the construction market, and that bid savings have been
subsequently decreasing. The conferees believe there is no
excuse for the Navy's inability to or failure to address this
problem, and fully expect a sound and justifiable cost
estimate for any military construction projects submitted in
the fiscal year 2018 and future budget requests.
MILITARY CONSTRUCTION, AIR FORCE
The conference agreement provides $1,491,058,000 for
Military Construction, Air Force. Within this amount, the
conference agreement provides $143,582,000 for study,
planning, design, architect and engineer services.
Additionally, the conference agreement rescinds $23,900,000
for three fiscal year 2014 projects in Saipan, Commonwealth
of the Northern Mariana Islands (CNMI), to support Air Force
training exercises and provide an emergency divert location.
The conferees are concerned that the Air Force has been
unable to reach a land use agreement with the Government of
the CNMI despite extensive negotiations, and no resolution to
the issue is imminent. Therefore, the funding is rescinded
without prejudice, and the Air Force is urged to resubmit the
projects once agreement on the location is finalized and the
projects can be executed.
Air Force Facility Security Requirements.--The conferees
are concerned with the Department's funding recommendation
for the Air Force's unspecified minor military construction
account. An additional $10,000,000 is provided to assist
installations in the continental U.S. with significant
facility entry and exit point concerns. Priority should be
given to installations with access control points that
present safety, security and traffic hazards.
Air Force Ballistic Missile Facilities.--The conferees are
aware that ground-based intercontinental ballistic missile
(ICBM) facilities at the Nation's three ICBM bases in
Montana, North Dakota, and Wyoming are aging and in urgent
need of replacement. At a time of increased global tensions
among nuclear-capable nations, it is imperative to replace
crumbling and outdated ICBM infrastructure at U.S.
installations with state-of-the-art nuclear deterrence
facilities. Key to this effort is the replacement of the
Cuban missile crisis-era Weapons Storage Facilities and
Missile Alert Facilities at each of the ICBM bases. The
conferees understand that the Air Force has developed a
funding roadmap to replace the Weapons Storage Facilities
(WSFs) at each ICBM base but are concerned that the current
timeline for implementation of the roadmap is not
sufficiently aggressive in light of the urgency of upgrading
these facilities to meet current threat conditions. Given the
failing condition of the current WSFs and the importance of
the ground-based ICBM capability to the Nation's nuclear
deterrence, the conferees urge the Air Force to prioritize
and accelerate the replacement of the WSFs as well as the
Nuclear Alert Facilities at ICBM bases. The conferees
reiterate the directive in Senate Report 114-237 for the
Secretary of the Air Force to undertake an analysis of the
cost of maintaining the existing Missile Alert Facilities at
the Nation's ICBM bases and to provide a report to the
Committees within 90 days of enactment of this Act on the
findings of the analysis and a projected cost and timeline
for replacing the Weapons Alert Facilities at each of these
bases. The conferees also direct the Secretary of Defense to
assess the feasibility of using Defense Access Road funding
and other sources of funding to build alternate routes for
military equipment traveling on public roads to missile
launch facilities, taking into consideration the proximity of
local populations, security risks, safety, and weather, and
to provide a report to the Committees within one year of
enactment of this Act.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $2,025,444,000 for
Military Construction, Defense-Wide. Within this amount, the
conference agreement provides $180,775,000 for study,
planning, design, architect and engineer services. Within
this amount, an additional $15,000,000 is provided for
Missile Defense Agency planning and design. The additional
funding is to expedite the construction and deployment of
urgently needed missile defense assets in various locations
within the continental United States, including Alaska and
Hawaii.
Pentagon Metro entrance facility.--The conference agreement
includes funding for the Pentagon Metro entrance facility
project as requested in the budget submission. The conferees
remain concerned that this facility needs to be constructed
in a manner that will further enhance the physical access and
perimeter defense of the building in accordance with the
Integrated Pentagon Security Master Plan and the Pentagon
Century Review. Given that the design is only at 10 percent
at this point, the conferees direct the Secretary of Defense
to report to the congressional defense committees quarterly
on the progress of the planning and design and any major
construction changes to the current project's 1391.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
The conference agreement provides $232,930,000 for Military
Construction, Army National Guard. Within this amount, the
conference agreement provides $8,729,000 for study, planning,
design, architect and engineer services.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
The conference agreement provides $143,957,000 for Military
Construction, Air National Guard. Within this amount, the
conference agreement provides $10,462,000 for study,
planning, design, architect and engineer services.
MILITARY CONSTRUCTION, ARMY RESERVE
The conference agreement provides $68,230,000 for Military
Construction, Army Reserve. Within this amount, the
conference agreement provides $7,500,000 for study, planning,
design, architect and engineer services.
MILITARY CONSTRUCTION, NAVY RESERVE
The conference agreement provides $38,597,000 for Military
Construction, Navy Reserve. Within this amount, the
conference agreement provides $3,783,000 for study, planning,
design, architect and engineer services.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
The conference agreement provides $188,950,000 for Military
Construction, Air Force Reserve. Within this amount, the
conference agreement provides $4,500,000 for study, planning,
design, architect and engineer services.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
The conference agreement provides $177,932,000 for the
North Atlantic Treaty Organization Security Investment
Program.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
The conference agreement provides $240,237,000 for the
Department of Defense Base Closure Account, which is
$35,000,000 above the request. The additional funding is for
the Army and the Navy to accelerate environmental remediation
at installations closed under previous Base Realignment and
Closure (BRAC) rounds.
Accelerated cleanup.--The conferees recognize that many
factors hinder the cleanup of BRAC sites. However, the
conferees believe that strategic investments can lead to
quicker clean-ups and faster turnover of DOD property to the
local community. Therefore, the conferees direct the
Secretary of Defense to submit to the congressional defense
committees a spend plan for the additional BRAC funds not
later than 15 days after enactment of this Act.
Family Housing Overview
Homeowners Assistance Program--Delayed Expression or
Delayed Identification of Injured Beneficiaries.--As the
Executive Agent for the Homeowners Assistance Program (HAP)
across the Department of Defense, the Army mistakenly
administered approximately 76 applicants whose injuries were
incurred during a military deployment, while they owned a
home, and experienced delayed expression or delayed
identification of the injury. The applicants were paid in
good faith and in accordance with guidance from Congress and
the Department of Defense to err in favor of wounded, ill,
and injured HAP applicants. If these beneficiaries had
suffered from an obvious physical injury--which the HAP
statute envisioned--their injury would have been clearly
documented at the time they owned their home, and they would
have qualified for HAP benefits. Therefore, no funds from
this Act shall be used to collect overpayments for any
wounded, ill, or injured HAP beneficiary with delayed
expression or delayed identification, or send notice letters,
while the Department further develops permanent legislative
solutions with Congress.
FAMILY HOUSING CONSTRUCTION, ARMY
The conference agreement provides $157,172,000 for Family
Housing Construction, Army.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The conference agreement provides $325,995,000 for Family
Housing Operation and Maintenance, Army.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement provides $94,011,000 for Family
Housing Construction, Navy and Marine Corps.
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FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The conference agreement provides $300,915,000 for Family
Housing Operation and Maintenance, Navy and Marine Corps.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
The conference agreement provides $61,352,000 for Family
Housing Construction, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The conference agreement provides $274,429,000 for Family
Housing Operation and Maintenance, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The conference agreement provides $59,157,000 for Family
Housing Operation and Maintenance, Defense-Wide.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
The conference agreement provides $3,258,000 for the
Department of Defense Family Housing Improvement Fund.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The conference agreement includes section 101 limiting the
use of funds under a cost-plus-a-fixed-fee contract.
The conference agreement includes section 102 allowing the
use of construction funds in this title for hire of passenger
motor vehicles.
The conference agreement includes section 103 allowing the
use of construction funds in this title for advances to the
Federal Highway Administration for the construction of access
roads.
The conference agreement includes section 104 prohibiting
construction of new bases in the United States without a
specific appropriation.
The conference agreement includes section 105 limiting the
use of funds for the purchase of land or land easements that
exceed 100 percent of the value.
The conference agreement includes section 106 prohibiting
the use of funds, except funds appropriated in this title for
that purpose, for family housing.
The conference agreement includes section 107 limiting the
use of minor construction funds to transfer or relocate
activities.
The conference agreement includes section 108 prohibiting
the procurement of steel unless American producers,
fabricators, and manufacturers have been allowed to compete.
The conference agreement includes section 109 prohibiting
the use of construction or family housing funds to pay real
property taxes in any foreign nation.
The conference agreement includes section 110 prohibiting
the use of funds to initiate a new installation overseas
without prior notification.
The conference agreement includes section 111 establishing
a preference for American architectural and engineering
services for overseas projects.
The conference agreement includes section 112 establishing
a preference for American contractors in United States
territories and possessions in the Pacific and on Kwajalein
Atoll and in countries bordering the Arabian Gulf.
The conference agreement includes section 113 requiring
congressional notification of military exercises when
construction costs exceed $100,000.
The conference agreement includes section 114 allowing
funds appropriated in prior years for new projects authorized
during the current session of Congress.
The conference agreement includes section 115 allowing the
use of expired or lapsed funds to pay the cost of supervision
for any project being completed with lapsed funds.
The conference agreement includes section 116 allowing
military construction funds to be available for five years.
The conference agreement includes section 117 allowing the
transfer of funds from Family Housing Construction accounts
to the Family Housing Improvement Program.
The conference agreement includes section 118 allowing
transfers to the Homeowners Assistance Fund.
The conference agreement includes section 119 limiting the
source of operation and maintenance funds for flag and
general officer quarters and allowing for notification by
electronic medium.
The conference agreement includes section 120 extending the
availability of funds in the Ford Island Improvement Account.
The conference agreement includes section 121 allowing the
transfer of expired funds to the Foreign Currency
Fluctuations, Construction, Defense account.
The conference agreement includes section 122 restricting
the obligation of funds for relocating an Army unit that
performs a testing mission.
The conference agreement includes section 123 allowing for
the reprogramming of construction funds among projects and
activities subject to certain criteria.
The conference agreement includes section 124 prohibiting
the obligation or expenditure of funds provided to the
Department of Defense for military construction for projects
at Arlington National Cemetery.
The conference agreement includes section 125 providing
additional funds for various Military Construction accounts.
The conference agreement includes section 126 providing
additional funds for Military Construction, Navy and Marine
Corps.
The conference agreement includes section 127 rescinding
funds from prior Appropriations Acts from various accounts.
The conference agreement includes section 128 rescinding
unobligated balances from the fund established by Sec.
1013(d) of 42 U.S.C. 3374.
The conference agreement includes section 129 defining the
congressional defense committees.
The conference agreement includes section 130 prohibiting
the use of funds in this Act to close or realign Naval
Station Guantanamo Bay, Cuba. The provision is intended to
prevent the closure or realignment of the installation out of
the possession of the United States, and maintain the Naval
Station's long-standing regional security and migrant
operations missions.
The conference agreement includes section 131 restricting
funds in this Act to be used to consolidate or relocate any
element of Air Force Rapid Engineer Deployable Heavy
Operational Repair Squadron Engineer until certain conditions
are met.
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TITLE II--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration--Compensation and Pensions
(including transfer of funds)
The conference agreement provides $90,119,449,000 for
Compensation and Pensions in advance for fiscal year 2018. Of
the amount provided, not more than $17,224,000 is to be
transferred to General Operating Expenses, Veterans Benefits
Administration (VBA) and Information Technology Systems for
reimbursement of necessary expenses in implementing
provisions of title 38.
readjustment benefits
The conference agreement provides $13,708,648,000 for
Readjustment Benefits in advance for fiscal year 2018.
veterans insurance and indemnities
The conference agreement provides $107,899,000 for Veterans
Insurance and Indemnities in advance for fiscal year 2018, as
well as an additional $16,605,000 for fiscal year 2017.
veterans housing benefit program fund
The conference agreement provides such sums as may be
necessary for costs associated with direct and guaranteed
loans for the Veterans Housing Benefit Program Fund. The
agreement limits obligations for direct loans to not more
than $500,000 and provides that $198,856,000 shall be
available for administrative expenses.
vocational rehabilitation loans program account
The conference agreement provides $36,000 for the cost of
direct loans from the Vocational Rehabilitation Loans Program
Account, plus $389,000 to be paid to the appropriation for
General Operating Expenses, Veterans Benefits Administration.
The agreement provides for a direct loan limitation of
$2,517,000.
native american veteran housing loan program account
The conference agreement provides $1,163,000 for
administrative expenses of the Native American Veteran
Housing Loan Program Account.
general operating expenses, veterans benefits administration
The conference agreement provides $2,856,160,000 for
General Operating Expenses, Veterans Benefits Administration
and makes available not to exceed 5 percent of this funding
until the end of fiscal year 2018. The full request for the
Veterans Benefits Management System is provided in the
agreement, which includes $37,356,000 from this account and
$143,000,000 from the Information Technology Systems account.
The agreement also includes the full budget request of
$26,695,000 for the centralized mail initiative and
$152,924,000 for the Veterans Claim Intake Program (VCIP),
which is $10,000,000 above the request.
The placement of the General Operating Expenses, Veterans
Benefits Administration account in the bill has been moved
from Departmental Administration to Veterans Benefits
Administration to align the administrative expenses of VBA
with its program activities.
Disability claims backlog.--The conferees commend the
Department of Veterans Affairs (VA) on its efforts to reduce
the disability claims backlog and increase the accuracy of
claims decisions, and is committed to ensuring that VA
maintains its goal of processing all claims within 125 days
with 98 percent accuracy. The Committees are also committed
to ensuring there is not a recurrence of any sizeable backlog
or a reduction in accuracy and will continue to assert their
oversight by monitoring on a monthly and quarterly basis each
regional office's timeliness and accuracy performance
measures.
The conference agreement includes section 228 which
requires VBA to submit a quarterly report with the following
data from each VBA regional office: (1) the average time to
complete a disability compensation claim; (2) the number of
claims pending more than 125 days, disaggregated by initial
and supplemental claims; (3) error rates; (4) the number of
claims personnel; (5) any corrective action taken within the
quarter to address poor performance; (6) training programs
undertaken; (7) the number and results of Quality Review Team
audits; (8) the number of claims completed by each regional
office based on the regional office being the station of
jurisdiction; and (9) the number of claims completed by each
regional office based on the regional office being the
station of origin.
Regional office performance.--The conferees have been
disturbed by repeated reports of manipulation of records and
benefit data at several VBA regional offices, as well as
irregular personnel practices that have jeopardized sound
management of the regional offices. The conferees urge VA to
monitor regional office performance to make certain that
personnel and claims management activities remain fully
transparent and comply with overall VA regulations and
handbooks.
Equitable relief.--The conferees urge the Secretary to
continue to grant or extend equitable relief to eligible
veterans initially deemed eligible in instances of
administrative error.
Service satisfaction rates among women veterans.--The
conferees direct VA to provide to the Committees not later
than the beginning of fiscal year 2017 an analysis of trends
and satisfaction rates among women veterans participating in
the Vocational Rehabilitation and Employment program to
ensure these services are adapting to the changing
demographics of veterans and the needs of women veterans with
disabilities.
Disability benefits questionnaires.--The conferees expect
VA to meet with Members of Congress to explain their plans to
develop additional disability benefits questionnaires (DBQs)
for chronic multi-system illnesses experienced by veterans
for which DBQs do not exist. Moreover, the conferees urge the
Department to make permanent the period for filing Gulf War
presumptive claims under 38 CFR 3.317.
Veterans Health Administration Medical Services
The conference agreement provides $44,886,554,000 in
advance for fiscal year 2018 for Medical Services and makes
$1,400,000,000 of the advance available through fiscal year
2019. The agreement also provides $1,078,993,000 for fiscal
year 2017 in addition to the advance appropriation provided
last year. The fiscal year 2018 advance funding for medical
services is $6,786,446,000 lower than the fiscal year 2017
advance because of Department projections that increased
amounts of medical care will be provided through the Medical
Community Care account.
Given that there may be significant unfunded liabilities
created by the winding down of the Choice Act, the conference
agreement includes bill language in section 232 permitting
the transfer of funding from multiple VA appropriations
accounts to Medical Services to address unfunded needs.
The conference agreement includes bill language requiring
the Secretary to ensure that sufficient amounts are available
for the acquisition of prosthetics designed specifically for
female veterans and to provide access to therapeutic
listening devices to veterans with mental health or substance
abuse problems or traumatic brain injury.
Curing Hepatitis C within the veteran population.--The
Department is to be commended for robustly treating veterans
with Hepatitis C (HCV), which is a particular concern because
the veteran population is twice as likely to have the virus
as the general population. Available HCV drugs have a cure
rate of 96 percent, and early, preventative treatments avoid
tens of thousands of dollars in future healthcare spending.
To that end, the agreement includes funding for the treatment
of Hepatitis C of $1,500,000,000 in fiscal year 2017, which
is $840,000,000 above the President's request. The conferees
understand that because of an uneven start to the Hepatitis C
campaign due to funding interruptions, VA projects there will
be a carryover of fiscal year 2016 funding that will increase
the resources available in fiscal year 2017. The conferees
are pleased that recent price reductions in the new Hepatitis
C drugs will allow VA to treat patients faster and reach
their target goal of treating all veterans with Hepatitis C
years earlier than projected.
The conferees encourage VA to work to remove any barriers
to timely screening and treatment for veterans with Hepatitis
C, including maximizing the use of rapid testing techniques.
Rapid testing can be especially helpful in reaching veterans
who are medically underserved or who live long distances from
VA facilities.
To assist in congressional oversight, VA is directed to
continue to report to the Committees in quarterly briefings
the number of veterans treated to date, the number of
veterans treated each week, the number of veterans pronounced
cured to date, the projected number of new cases, and the
estimate of veterans likely to be cured during the next
quarter. VA is also directed to report quarterly to the
Committees obligations for funding Hepatitis C treatments as
part of the larger crosscutting VA quarterly financial report
required in section 218.
Program priorities.--The conference agreement provides the
following fiscal year 2017 funding for these high priority
areas: $243,483,000 for readjustment counseling at Vet
Centers; $535,400,000 for gender-specific healthcare, which
is $20,000,000 higher than the administration request;
$734,628,000 for the caregivers program, which is $10,000,000
above the request; $257,477,000 for the homeless grant and
per diem program, which is $10,000,000 above the request; and
$320,000,000 for the homeless supportive services for low
income veterans and families, which is $20,000,000 above the
request.
Rural healthcare.--The conference agreement includes the
full budget request of $250,000,000 for the Office of Rural
Health (ORH) and the Rural Health Initiative. In addition to
any directives contained in the House and Senate reports, the
conferees direct that ORH coordinate directly with the
Readjustment Counseling Service to develop and implement a
strategy to expand the capacity of Vet Centers in order to
ensure that the readjustment and psychological counseling
needs of veterans in rural and highly rural communities are
met. The conferees also direct VA to identify ways to obtain
more accurate data on homeless and at-risk veterans in rural
areas, as instructed in the
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Senate report. The conference agreement includes a one-year
extension through fiscal year 2017 of the Access Received
Closer to Home (ARCH) program, which provides care to
veterans in areas without extensive access to VA health
facilities. This extension is necessary to maintain veterans'
access to healthcare during the transition as VA moves to
consolidate its non-VA healthcare programs. The conferees
encourage VA to expand its use of telehealth for rural areas
since the technique has proven particularly helpful in mental
health and primary care health delivery.
Mental health.--The conference agreement provides the full
budget request for all VA mental health services and
programs, with additional resources within Medical Services
provided for the Veterans Crisis Line and the National
Centers for Posttraumatic Stress Disorder. The conference
agreement includes $40,000,000 for the National Centers and
$78,572,000 for the Veterans Crisis Line. Overall, the
agreement includes $173,005,000 for suicide prevention
outreach. The conference agreement includes bill language in
section 238 similar to that contained in the House bill that
requires certain professional standards for the suicide
hotline.
Opioid safety.--To respond to the urgency of the opioid
overdose epidemic, the Department is directed to continue to
comply with the guidance included in the fiscal year 2016
conference report under the paragraph ``Opioid Safety.'' VA
is also directed to make public the findings of the Office of
Accountability Review investigation into accusations of
widespread retaliation against whistleblowers at the Tomah VA
Medical Center as well as the outside clinical review. The
Department is encouraged to utilize the full spectrum of
treatment options for dealing with opioid addiction and
expand the use of medication-assisted treatment and other
clinically appropriate services to achieve and maintain
abstinence from all opioids. The conferees believe it is
important for the Department to report necessary information
to State-run prescription drug monitoring programs as this
will ensure VA providers have the tools they need to better
identify at-risk veterans.
The conferees are aware that only 14 States require their
physicians to take pain management education credits. The
conferees urge VA to ensure that healthcare providers learn
the latest pain management techniques, understand safe
prescribing practices, and be able to spot the signs of
potential substance use disorders. The conferees believe that
comprehensive training in the proper use of pain management
medications is a vital step in combating the opioid problem.
Choice Program delays.--VA data indicate that the number of
veterans waiting more than 30 days for an appointment is
actually higher now than when the Veterans Choice Program was
initiated. The conferees are concerned that this well-
intentioned program was cobbled together quickly given the
time constraints, which has contributed to delays. Further,
an often-cited problem with the Choice Program is the lack of
clear communications regarding the eligibility requirements
of the program to both veterans and non-VA providers. The
conferees believe that understanding the obstacles to
efficient scheduling of appointments of veterans and swift
reimbursement for providers would serve as crucial first
steps in resolving some of these issues. The conferees urge
VA and its third party providers to address the delays and
the communication errors plaguing implementation of the
Choice Program.
Nursing authority.--The conferees recognize that VA has
recently published a proposed rule indicating that it is
considering the issue of granting full practice authority to
some or all of the four advanced practice nursing
disciplines. The proposed rule indicates that decision will
be reflected in the final rule, after consideration of all
the public comments received. In addition, the Under
Secretary for Health has testified that he plans to consider
as an important variable whether there are significant
shortages of the affiliated physician specialties throughout
the VA system, which would validate the need for full
practice authority for those advanced practice nurse
specialties. The conferees urge VA to carefully and
thoughtfully seek additional input from internal and external
stakeholders prior to publishing the final rule. The
conferees encourage VA to make all possible outreach efforts
to communicate the changes contained in the proposed rule,
gather public comments, and collaborate with Congress,
affected stakeholders, VA physician and nursing staffs, and
external organizations.
National Veteran Sports Programs.--The conference agreement
includes $9,005,000, which is the budget request for the
Office of the National Veterans Sports Programs and Special
Events. The conferees concur with the movement of this office
to the Veterans Health Administration (VHA), and the
agreement includes necessary bill language in section 257 to
permit VHA to carry out the Office's activities.
Patient consults.--The conferees direct VA to report not
later than 30 days after the beginning of fiscal year 2017 on
specific quality controls that have been implemented to
ensure that patient consults are handled in a timely manner.
Collaboration with historically black health professions
schools.--As described in the House and Senate reports, the
conferees urge VA to increase its collaboration with the
larger, urban hospitals with historically black health
professions schools. The Secretary is directed, as in
previous conference reports, to convene a symposium where
minority collaboration concerns are discussed and addressed.
Leveraging private sector programs.--The conferees
encourage VA to integrate into VA settings private sector
programs that adapt information technologies and data
interoperability capabilities to better coordinate healthcare
services for veterans, as described in the House report.
Medical residency positions.--The conferees note that, to
date, the Department has not submitted to the Committees a
report that was directed in the explanatory statement
accompanying Public Law 114-113 detailing current
coordination with the Direct Graduate Medical Education
Program, limitations that may restrict VA's program and
ability to expand to underserved areas, and a plan to more
effectively carry out VA's graduate medical education program
within constraints that exist in the Direct Graduate Medical
Education program. The conferees understand that the
Department is reviewing comments provided by the Department
of Health and Human Services' Center for Medicare and
Medicaid Services and direct VA to move as expeditiously as
possible in its review and submit the report to the
Committees. Further, the conferees direct that VA provide an
update to the Committees not later than 15 days after
enactment of this Act on the status of this report and a
timeline for submission.
Rehabilitation equipment.--The conferees are aware that the
Department currently purchases or reimburses veterans for
recumbent bicycles or hand cycles used for rehabilitative
purposes only and does not cover the cost of upright
bicycles. Given the many veterans in physical or mental
rehabilitation programs who are able to use upright bicycles,
the conferees urge the Department to make upright bicycles
eligible for reimbursement to qualifying veterans. In
addition, the conferees direct the Department to submit to
the Committees on Appropriations of both Houses of Congress
(hereafter ``the Committees'') a report not later than the
beginning of fiscal year 2017 outlining the steps needed to
be taken to make upright bicycles eligible for reimbursement.
medical community care
The conference agreement provides $7,246,181,000 for
Medical Community Care, the account created in the Surface
Transportation and Veterans Health Care Choice Improvement
Act to consolidate all the VA programs that provide care for
veterans in the community from non-VA providers. Section 217
of the conference agreement rescinds an identical amount from
the Medical Services account. The agreement also provides
$9,409,118,000 in advance fiscal year 2018 funding for this
account. Of the fiscal year 2017 funding, $2,000,000,000 is
made available until the end of fiscal year 2020; of the
fiscal year 2018 funding, $1,500,000,000 is available until
the end of fiscal year 2021.
Extended availability of funding.--The conferees are aware
the Department books obligations for non-VA care upon a
veteran receiving authorization to obtain medical care
outside of the Veterans Health Administration and not upon
that authorization actually being filled and the Department
billed by the outside provider. Due to the timing of
reconciliation between obligations, authorizations, and the
number of those authorizations filled through private
providers, this accounting procedure has led to the de-
obligation of funds past the life of the budget authority,
leading to the expiration of millions of dollars that could
have been applied to veterans healthcare programs. Therefore,
the conferees have provided flexibility to aid the Department
in ensuring all appropriations within this account are able
to be obligated before expiration. This extended availability
within the new Medical Community Care account should allow VA
time to correct this problem; however, the conferees also
note this longer period of availability is a temporary
solution and will not continue unaltered into the future. The
Department is expected to work towards identifying changes in
execution that will result in a permanent fix, including
discussing with the Office of Management and Budget how best
to define the point of obligation for these funds. The
conferees expect the Department to keep the Committees
apprised of its progress towards a permanent solution and
request this issue be addressed within the fiscal year 2019
advance appropriations request for this account.
medical support and compliance
The conference agreement provides $6,654,480,000 in advance
for fiscal year 2018 for Medical Support and Compliance and
makes $100,000,000 of the advance funding available through
fiscal year 2019.
Filling senior position vacancies.--In order for VHA to
improve access and increase efficiency within the system, it
must fill the critical senior management and clinical
vacancies. Therefore, the conferees direct that not less than
$21,000,000, as provided in the
[[Page 13456]]
budget request, be used to hire medical center directors and
employees for other management and clinical positions within
the Veterans Health Administration.
Requirements for the hiring of VA healthcare providers.--
The conferees are deeply troubled by recent reports
concerning practicing VA providers whose credentials have not
been verified or have been misrepresented, and who have
previously entered into settlements or completed disciplinary
actions in other States where they may hold a medical
license. To protect our Nation's veterans, the Department
must do more to guarantee that VA providers are of the
highest quality and are, at the very least, in good standing
with each State medical board with which they hold licenses.
The conferees believe VA should be in strict compliance with
Veterans Health Administration Handbook 1100.19 and Directive
2012-030 which require the Department to obtain any and all
information on medical license violations from each State
medical board where a provider holds or has ever held a
license and whether the provider has entered into any
settlement agreements with a board for disciplinary charges
relating to medical practice. The Department is directed to
submit a report to the Committees not later than 90 days
after the beginning of fiscal year 2017 providing an analysis
and an assessment of VA field compliance with Veterans Health
Administration Handbook 1100.19 and Directive 2012-030.
Transmission of VA healthcare providers' information to
State medical boards.--Under current VA policy outlined in
Veterans Health Administration Handbook 1100.18, in each
instance in which a licensed healthcare professional whose
behavior or clinical practice so substantially fails to meet
generally-accepted standards of clinical practice as to raise
reasonable concern for the safety of patients, the Department
is required to provide a report to each State licensure board
(SLB) where the professional holds a license.
The conferees are aware, however, that such reports sent to
SLBs are typically limited to a generic description of the
clinical shortcomings involved, and if the SLB wants more
details of the situation it must respond to the report with a
formal request for more information. The conferees note SLBs
and the Federation of State Medical Boards find it extremely
difficult to gain useful information even if they follow VA's
exact procedures.
It is critical for VA to improve communication with SLBs
and improve transparency surrounding medical practice
violations. VA is urged to send promptly to each SLB where a
provider holds a license and the SLB in the State where the
provider practices, the full information concerning any
violations during the provider's practice at VA.
While VA providers do not need to hold a license in the
same State where the medical facility resides, the conferees
believe such State's medical board should, nonetheless, have
access to information about a clinical violation committed at
a facility in their State to ensure the board can adequately
fulfill its obligation to uphold safe medical practice. The
Department is directed to submit a report to the Committees
not later than 90 days after the beginning of fiscal year
2017 providing an assessment of VA field compliance with
Veterans Health Administration Handbook 1100.18 and its
ability to provide full reporting to SLBs in instances where
licensed healthcare professionals' behavior or clinical
practice so substantially failed to meet generally-accepted
standards of clinical practice that it needed to be reported
in compliance with Handbook 1100.18.
Non-VA care provider reviews.--As the Department continues
to increase the scope and size of its non-VA care programs,
it is imperative that VA develop policies that ensure that a
healthcare provider removed from employment with the Veterans
Health Administration due to substandard care, professional
misconduct, or violation of the requirements of his or her
medical license does not subsequently reemerge as a
contracted healthcare provider in the community care
programs, including the Choice Program. Therefore, the
conferees direct the Department to submit to the Committees
not later than the beginning of fiscal year 2017 the current
VHA policy on entering into contractual agreements with
private providers, either directly or through a third-party
administrator, and the provisions of that policy which detail
how VA ensures that no healthcare providers removed for
misconduct subsequently become providers through the VA's
community care programs. In addition, the Department is
directed to include, with the policy, what enforcement
mechanisms are currently in place as a safeguard and any
legislative authorities needed to ensure that veterans
receive the highest quality of care from healthcare providers
on contract to VA.
medical facilities
The conference agreement provides $5,434,880,000 in advance
for fiscal year 2018 for Medical Facilities, as well as
$247,668,000 in fiscal year 2017 funding, which is in
addition to the advance funding provided last year. Of the
advance funding, $250,000,000 is made available through
fiscal year 2019.
Medical facility inspections for food service and
environmental quality.--The conferees are disturbed by
reports of sanitation and insect infestation problems at food
service areas and kitchens at VA healthcare facilities,
despite existing internal requirements for periodic
inspections. In addition, health-threatening mold has been
found in some VA facilities, as documented by the VA
Inspector General. The conference agreement includes bill
language in sections 251 and 252 requiring VA to contract
with the Joint Commission on Accreditation of Hospital
Organizations to conduct annual inspections of healthcare
facility food service areas, with remediation and re-
inspection required. Section 252 includes the requirement for
the Joint Commission to conduct similar periodic reviews to
inspect mold issues in VA medical facilities.
Improved community-based outpatient clinics (CBOC)
capabilities.--The conferees are concerned that VA needs to
improve its planning and contracting practices to allow for
future expansion needs of CBOCs. In the case of the recently
approved Rochester, New York CBOC (Phase I), the conferees
have been informed that options to expand for potential
future growth could not be included in the original lease
contract, warranting procurement of a second facility. The
conferees urge the Department to consider economic benefits
when considering locations. Furthermore, the Department is
directed to provide a report to the Committees not later than
the beginning of fiscal year 2017 addressing the rationale as
to why such flexibility cannot be included in lease contracts
and identify any barriers, including necessary statutory
changes, to ensure such options for flexibility are included
in future lease contracts.
Green energy management program.--Given congressional
concern with some prior wind energy projects, the conferees
believe that the Committees need a clearer budget
presentation of all green energy projects--wind, solar,
geothermal, etc.--proposed to be funded in the fiscal year
2018 budget. Because green energy management funding was used
to backfill shortfalls in the Denver hospital construction
project, the Committees have difficulty discerning the
strategic funding plans that remain for VA green energy
management.
Budget presentation.--The conferees have found the current
budget presentation for Medical Facilities distressingly
difficult to interpret. The conferees direct VA in the fiscal
year 2018 budget submission and in future years to include a
list of the projects that are funded in the request, with the
project's Strategic Capital Investment Priorities score
identified. Recognizing that the list of funded projects may
change during the course of the year, VA is directed to
provide quarterly updates to the Committees that identify any
changes to the list provided in the budget.
medical and prosthetic research
The conference agreement provides $675,366,000 for Medical
and Prosthetic Research, available until September 30, 2018.
Bill language is included to ensure that the Secretary
allocates adequate funding for research on gender-appropriate
prosthetics and toxic exposures.
Gulf War symptoms study.--The conferees are aware that on
March 23, 2015, VA contracted with the Institute of Medicine
to fulfill the mandated Gulf War and post-9/11 veterans
report as required by Public Law 110-389 and that VA is now
in receipt of the report. The conferees direct the Department
to review the report in an expeditious manner and transmit it
to the appropriate congressional committees of jurisdiction
not later than 60 days after the beginning of fiscal year
2017.
New research areas.--As indicated in the House report, the
conferees encourage VA to create a Center of Innovation for
research support and use as candidates for initial research
hyperbaric oxygen therapy and magnetic EEG/EKG-guided
resonance therapy.
Study on toxic exposures.--The conferees are aware the
Department is finalizing a contract with the National
Academies of Sciences, Engineering, and Medicine (NASEM) to
assess the current research available on possible
generational health effects that may be the result of toxic
exposures experienced by veterans. The conferees are aware
NASEM will also assess areas requiring further scientific
study on the descendants of veterans with toxic exposures. In
addition, NASEM will further assess the scope and methodology
required to conduct research on such descendants to identify
current or possible health effects in the veterans'
descendants. The study will be similar to what is directed in
the Senate report. The Committees have been provided a
detailed list of the scope of the study and are aware the
contract is to be awarded in fiscal year 2017. The conferees
intend to monitor the award of this contract closely and
expect the Department to finalize the award, as summarized
above and presented to the Committees.
National Cemetery Administration
The conference agreement provides $286,193,000 for the
National Cemetery Administration (NCA). Of the amount
provided, not to exceed 10 percent is available until
September 30, 2018.
Rural veterans burial initiative.--The Department is
directed to submit to the Committees not later than the
beginning of fiscal
[[Page 13457]]
year 2017 a report detailing the progress to date of the
Rural Veterans Burial Initiative and the expected timeline
for completion of such initiative.
Departmental Administration
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $345,391,000 for General
Administration. Of the amount provided, not to exceed 5
percent is available for obligation until September 30, 2018.
The agreement continues to include bill language in section
233 permitting the transfer of funds from this account to
General Operating Expenses, Veterans Benefits Administration.
The conference agreement provides $10,545,000 for the
Office of the Secretary. The recommendation fully supports
and provides the requested amounts in fiscal year 2017 for
the Center for Faith-Based and Neighborhood Partnerships, the
Center for Minority Veterans, the Center for Women Veterans,
and the Office of Survivors Assistance. The Office of
Government Relations is funded at $9,146,000, to include not
more than $5,900,000 for functions previously conducted by
the Office of Congressional and Legislative Affairs.
Within the amounts made available for General
Administration, not less than an additional $1,500,000 shall
be specifically reserved for the hiring of Veterans
Integrated Service Network (VISN) directors; these amounts
shall supplement and not supplant amounts included in the
budget request for the hiring of VISN directors. Savings
below the requested level for the Office of Congressional and
Legislative Affairs function and the immediate Office of the
Secretary have been repurposed for this initiative,
consistent with direction in the Senate report.
Improving the veterans' experience at VA.--The conferees
note the Secretary is undertaking a major effort to better
understand the myriad of ways veterans and eligible
dependents interact with VA and then to measurably improve
the veterans experience at the point of service delivery. The
current customer experience when interacting with the
Department is disjointed, inconsistent, and all too often
frustrating for the veteran. For example, the VA has over 500
veteran-facing websites and almost a thousand 1-800 numbers
for veterans to contact VA. To make matters worse, there is
no consistent, VA-wide performance standard for the many call
centers VA operates. In addition, the current process for
training and integrating staff at VA is sorely lacking and
not on par with commercial equivalents, particularly when it
comes to front-line staff who directly interface with
veterans. Also, many of VA's business processes (for example,
compensation and pension exams) are built to be internal-
facing instead of built to put the veteran at the center of
the process. The sum of all these limitations has a direct
impact on veterans. For example, only 47 percent of veterans
surveyed marked ``strongly agree or agree'' with this
statement: ``I trust VA to fulfill our country's commitment
to veterans.'' The conferees believe VA can and should
redesign, measure, and improve the way VA provides services
to veterans nationwide, and note with interest the recent
efforts by the Secretary to do that. The conferees are
interested in the metrics and data the Department has
promised it can provide that will show an increase in veteran
satisfaction resulting from the efforts the Secretary's
office has put into place over the past year intending to
improve the veteran experience. The Department is directed to
report quarterly to the Committees metrics and data that show
improvement in customer satisfaction, the veterans
experience, and employee training. The conferees did not
provide a direct appropriation for this effort in fiscal year
2017; however, the Department is able and expected to
continue improving the veterans experience.
Financial management system.--The conference agreement
includes $8,000,000 in this account as well as $44,300,000 in
the Information Technology Systems account for development of
a new financial management system. The Department has
dithered for years in replacing its antiquated legacy system
and suffered the consequences of a near meltdown in the
hospital system in 2015 when obligations could not be
correctly reported. The conferees urge VA to make a decision
in fiscal year 2016 to replace its inadequate system with a
21st century product so that the Committees can rely on
financial information from VA and VA can manage its
obligations.
VA Patient Protection Act of 2016.--The conferees remain
concerned about reports of retaliation against whistleblowers
within the Department across the Nation. VA has promised to
foster a culture of openness by encouraging employees to
report cases of wrongdoing, yet there continue to be reports
that after bringing to light cases of wrongdoing, the
whistleblowers become subjects of retaliation. The conferees
note VA must create an environment that allows employees to
openly and safely advocate on behalf of veterans, consistent
with direction in the Senate report. The conference agreement
includes bill language in section 247 that comprehensively
addresses the creation of a formal process for whistleblowers
to file disclosures when operations within the Department
fail to meet the high standards of care and service veterans
deserve. Section 247 establishes a Central Whistleblower
Office designed as an independent investigatory body to
process VA employee complaints, which will ensure
whistleblower disclosures receive the prompt, impartial
attention deserved. Section 247 defines what actions
constitute prohibited retaliation against whistleblowers,
sets forth a process under which supervisors will be punished
for handling disclosures inappropriately, and requires VA
supervisors to be evaluated on their handling of
whistleblower complaints. Further, section 247 requires the
Department to report annually to the Committees on the number
of whistleblower complaints received and their outcomes and
to provide the results of Office of Special Counsel
investigations related to whistleblower complaints.
Quarterly reporting.--In section 218 of the conference
agreement, the conferees continue to direct VA to provide on
a quarterly basis, not later than 30 days after the end of
each quarter, a quarterly financial status report that
includes, at a minimum, the information identified in this
paragraph. Such information shall include:
1. VHA obligations and collections for the four Medical
Care accounts, Nonrecurring Maintenance (as a non-add),
Medical Research, the VA-DOD Facility Demonstration Fund, and
Medical Care Collections Fund (MCCF) collections--actual to
date versus plan;
2. Updated `VA Medical Care Obligations by Program' chart
displayed in the fiscal year 2017 budget justification;
3. Choice Act obligations for sections 801 and 802--actual
to date versus plan;
4. Hepatitis C obligations, amounts funded through
appropriations versus Choice Act, both sources actual to date
versus plan;
5. Cumulative tracking of all transfers made under any
authority, including each transfer within the Medical Care
appropriations accounts;
6. General Administration obligations--personal services
versus all other--actual to date versus plan;
7. Board of Veterans Appeals obligations--personal services
versus all other--actual to date versus plan;
8. VBA, GOE obligations--personal services versus all
other--actual to date versus plan;
9. Compensation and Pensions, Readjustment Benefits, and
Veterans Insurance and Indemnities--obligations year-to-date
versus plan;
10. NCA obligations--personal services versus all other--
actual to date versus plan;
11. Information Technology Systems obligations--personal
services versus all other--actual to date versus plan;
12. Major and Minor Construction obligations--actual to
date versus plan;
13. Obligations to date for each Major Construction
project, broken into design versus construction; and
14. Status of VA full-time equivalent employment--by
Administration/IT and revolving funds--by quarter, actual
versus plan.
BOARD OF VETERANS APPEALS
The conference agreement provides $156,096,000 for the
Board of Veterans Appeals (BVA), of which not to exceed 10
percent shall remain available until September 30, 2018. Bill
language is included in section 233 permitting VA to transfer
funding between this account and the General Operating
Expenses, Veterans Benefits Administration account if needed
to align funding with the appropriate account to hire staff
to address the appeals backlog.
The conference agreement provides the full budget request
in recognition of the growing backlog in resolving appeals.
However, the conferees are skeptical that, without the
necessary legislative changes proposed by the Administration,
VA will be able to make a significant dent in the backlog. As
one step, the conferees urge the Board to hire additional BVA
board members.
Legal assistance.--The conferees request the Board to
provide a report not later than 90 days after the beginning
of fiscal year 2017 about the possible need for legal
assistance by veterans who are appealing their ruling from
the Veterans Benefits Administration. The report should
include information about: (1) the percentage of appellants
who receive free legal counsel from veterans service
organizations or others versus those who represent themselves
or have paid legal counsel; (2) the Board's estimate of unmet
legal need among appellants; (3) possible mechanisms to
provide free legal assistance to veterans who do not have and
are unable to afford legal assistance; and (4) the legal
assistance program provided through the U.S. Court of Appeals
for Veterans Claims and whether such a program would be
appropriate for the Board, including a description of program
structure and cost.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $4,278,259,000 for
Information Technology (IT) Systems. The agreement identifies
separately in bill language the funding available for pay
($1,272,548,000); operations and maintenance
($2,534,442,000); and systems development, modernization, and
enhancement ($471,269,000). The agreement makes $37,100,000
of pay funding available until the end of fiscal year 2018;
$180,200,000 of operations and maintenance funding available
[[Page 13458]]
until the end of fiscal year 2018; and all IT systems
development, modernization and enhancement funding available
until the end of fiscal year 2018.
The conference agreement includes $259,874,000 for VistA
Evolution, the modernization of the interoperable electronic
health record (EHR) or any successor program; $143,000,000 in
information technology funding for the Veterans Benefits
Management System which processes disability claims;
$19,100,000 for the claims appeals modernization effort;
$20,000,000 for Section 508 compliance efforts; $44,300,000
for development of a new VA financial management system; and
$370,067,000 for the VA information security program,
including $125,000,000 for the Cybersecurity Strategy
Implementation program.
As with the fiscal year 2013-2016 appropriations Acts, the
fiscal year 2017 agreement includes a prohibition on
obligation or expenditure of more than 25 percent of fiscal
year 2017 funds provided for development, modernization, and
enhancement of the VistA Evolution EHR or a successor program
until the Department meets reporting and accountability
requirements contained in the conference bill language.
The conference agreement includes language prohibiting the
obligation of IT development, modernization, and enhancement
funding until VA submits a certification of the amounts to be
obligated, in part or in full, for each development project.
The conference agreement includes language permitting
funding to be transferred among the three IT subaccounts,
subject to approval from the Committees.
The conference agreement includes language providing that
funding may be transferred among development projects or to
new projects subject to the Committees' approval.
The conference agreement provides funding for IT
development, modernization, and enhancement for the projects
and in the amounts specified in the following table:
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
(in thousands of dollars)
------------------------------------------------------------------------
Project Conference
------------------------------------------------------------------------
Electronic Health Record Interoperability/VLER Health 17,322
VistA Evolution or successor EHR program............. 63,339
Veterans Benefits Management System (VBMS)........... 85,288
Virtual Lifetime Electronic Record (VLER)............ 17,857
Veteran Customer Experience.......................... 73,624
VHA Research IT Support Development.................. 15,066
Other IT Systems Development......................... 198,773
------------------
Total, All Development........................... $471,269
------------------------------------------------------------------------
This table is intended to serve as the Department's
approved list of development projects; any requested changes
are subject to reprogramming requirements.
Appointment scheduling.--For more than a decade, VA has
spent millions in an attempt to replace its antiquated
scheduling system. VA has begun to fix some of the worst
problems in the system with its rollout of VistA Scheduling
Enhancement (VSE). But further efforts to modernize
scheduling have been put on hold until VA makes a decision
about what direction to take with modernizing the electronic
health record. The conferees understand the need to align the
two systems, but are distressed about the further delays in
the implementation of both. The conferees expect that VA will
finalize its strategic approach for both the electronic
health record and scheduling before the end of fiscal year
2016.
Expenditure plan.--The conference agreement directs the
Department to continue to provide an IT expenditure plan to
the Committees not later than the start of fiscal year 2017,
as indicated in both the House and Senate reports. This plan
should be in the same format as the table above.
Periodic briefings.--The conferees continue to require VA
to provide quarterly briefings to the Committees regarding
schedule, milestones, and obligations for VistA Evolution or
any successor program. The conferees also require quarterly
briefings from the DOD/VA Interagency Program Office on the
EHR interoperability project.
Data matching with the Department of Education.--The
conferees urge VA to establish a matching program with the
Department of Education to identify veterans who are
unemployable due to a service-connected disability. Under
current law, veterans who have been determined by VA to be
unemployable due to a service-connected disability are also
eligible for student loan forgiveness. However, given the
complexity of the loan discharge process and the seeming lack
of communication between the Departments of Veterans Affairs
and Education, disabled veterans would stand to benefit from
greater coordination between the two Departments.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $160,106,000 for the
Office of Inspector General (OIG). Of the amount provided,
not to exceed 10 percent is available for obligation until
September 30, 2018. The conference agreement directs that the
OIG should post publicly any report or audit not later than 3
days after it is submitted to the Secretary in final form.
CONSTRUCTION, MAJOR PROJECTS
The conference agreement provides $528,110,000 for
Construction, Major Projects, which is the same as the budget
request. The agreement makes this funding available for five
years, except that $50,000,000 is made available until
expended.
Outside project management.--To ensure the Department will
never again mishandle public funds on a construction project
in the manner and to the degree the Denver VA Medical Center
in Aurora, CO, was mismanaged, the conference agreement
directs that $222,620,000 for Veterans Health Administration
major construction projects shall not be available until the
Department enters into an agreement with a non-Department of
Veterans Affairs Federal entity to serve as the design and/or
construction agent for each major construction project with a
total estimated cost of $100,000,000 or above. The conference
agreement makes the funding available for obligation for each
project only after VA certifies that the agreement with the
non-Department Federal entity is in effect for that project.
The two VHA projects affected by the fencing provision are in
Reno, Nevada, and Long Beach, California. The requirement to
contract with an outside agent for major construction
projects was also mandated in Section 502 of the Department
of Veterans Affairs Expiring Authorities Act of 2015 (Public
Law 114-58), enacted on September 30, 2015. The law
contemplates that the non-Department Federal entity will
provide management over all or part of the project design,
acquisition, construction, and appropriate contract changes,
and the Department will reimburse the entity for all
appropriate costs associated with the provision of such
services.
The conference agreement funds the following items as
requested in the budget submission:
CONSTRUCTION, MAJOR PROJECTS
(in thousands of dollars)
------------------------------------------------------------------------
Conference
Location and description Agreement
------------------------------------------------------------------------
Veterans Health Admin. (VHA):
Long Beach, CA, seismic corrections for mental $30,200
health and community living center..............
Reno, NV, upgrade seismic, life safety, 192,420
utilities, and expand clinical services.........
Advance Planning and Design Fund--various locations.. 65,000
Major Construction staff--various locations.......... 24,000
Claims Analysis--various locations................... 5,000
Hazardous Waste--various locations................... 10,000
Judgment Fund--various locations..................... 9,000
Non-Dept. Fed. Entity Project Management Support..... 49,490
------------------
Total VHA........................................ 385,110
National Cemetery Admin. (NCA):
Elmira, NY--new national cemetery--Western NY.... 36,000
Las Animas, CO--new national cemetery--Southern 36,000
CO..............................................
Jacksonville, FL--gravesite expansion............ 24,000
South Florida, FL --gravesite expansion.......... 31,000
Advance Planning and Design Fund--various 10,000
locations.......................................
------------------
Total NCA.................................... 137,000
General Admin.:
Staff Offices Advance Planning Fund.............. 6,000
------------------
Major Construction total..................... $528,110
------------------------------------------------------------------------
Major construction budget justification documents.--The
conferees reiterate their concerns regarding the budget
justifications submitted for projects funded in this account.
The congressional budget justification materials that
accompany the President's Budget require a greater level of
detail to enhance oversight of the Department's major
construction projects. Therefore, the conference agreement
includes a new administrative provision section 258,
requiring the Department to submit enhanced budget
justification documents for projects for which funds are
requested. Pursuant to section 258, such justifications shall
include, at a minimum, the following elements for all major
construction projects:
1. Project description, to include phases (if applicable)
delineated by fiscal year, funding for each phase by fiscal
year, and a detailed description of what that funding
procures;
2. Project justification and analysis of benefits;
3. A comparison of budget authority with the prior year's
President's Budget for budget authority already received and
needed in future years;
4. A justification of any cost, schedule, or design change
from prior years;
5. Total estimated cost with a detailed breakout by design,
construction (differentiated by primary and support
facilities), and operating costs;
6. A complete project schedule to include dates indicating
design start, 35 percent design completion, award of
construction documents, design completion, award of
construction contract, and estimated construction completion;
7. Design contract type;
8. An analysis of alternatives with associated costs;
9. Demographic data; and
10. Workload data.
The Department is directed to submit this information in a
format resembling the Department of Defense form 1391 (DD
1391). In addition, language is included requiring the
Department to submit a proposed budget justification template
that complies with this requirement to the Committees within
45 days of enactment of this Act.
Alternative sources of construction funding.--The conferees
are aware of the budget challenges with new facility
construction at VA. The conferees are pleased that VA has
begun to work with the private sector in developing public-
private partnerships (P3). P3 projects
[[Page 13459]]
take advantage of readily available private sector investment
capital, expertise, and entrepreneurial discipline. Where
private sector financing has already been identified, and
where practical, the conferees urge VA to use a P3 model on
future VA construction projects.
CONSTRUCTION, MINOR PROJECTS
The conference agreement provides $372,069,000 for
Construction, Minor Projects. The agreement makes this
funding available for five years. Included within the total
is $285,000,000 for the Veterans Health Administration;
$56,890,000 for the National Cemetery Administration;
$20,000,000 for the Veterans Benefits Administration; and
$10,179,000 for General Administration--Staff Offices.
Expenditure Plan.--The conference agreement includes a
directive for the Department to provide an expenditure plan
not later than 30 days after the beginning of the fiscal
year, as provided in the Senate report. This expenditure plan
shall include a complete list of minor construction projects
to be supported with the fiscal year 2017 appropriation. The
plan shall be updated six months and twelve months after
enactment.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The conference agreement provides $90,000,000 for Grants
for Construction of State Extended Care Facilities, to remain
available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The conference agreement provides $45,000,000 for Grants
for Construction of Veterans Cemeteries, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
(Including Transfers and Rescissions of Funds)
The conference agreement includes section 201 allowing for
transfer of funds among the three mandatory accounts.
The conference agreement includes section 202 allowing for
the transfer of funds among the four medical accounts.
The conference agreement includes section 203 allowing
salaries and expenses funds to be used for related authorized
purposes.
The conference agreement includes section 204 restricting
the accounts that may be used for the acquisition of land or
the construction of any new hospital or home.
The conference agreement includes section 205 limiting the
use of funds in the Medical Services account only for
entitled beneficiaries unless reimbursement is made to the
Department.
The conference agreement includes section 206 allowing for
the use of certain mandatory appropriations accounts for
payment of prior year accrued obligations for those accounts.
The conference agreement includes section 207 allowing the
use of appropriations available in this title to pay prior
year obligations.
The conference agreement includes section 208 allowing the
Department to use surplus earnings from the National Service
Life Insurance Fund, the Veterans' Special Life Insurance
Fund, and the United States Government Life Insurance Fund to
administer these programs.
The conference agreement includes section 209 allowing the
Department to cover the administrative expenses of enhanced-
use leases and provides authority to obligate these
reimbursements in the year in which the proceeds are
received.
The conference agreement includes section 210 limiting the
amount of reimbursement the Office of Resolution Management
and the Office of Employment Discrimination Complaint
Adjudication can charge other offices of the Department for
services provided.
The conference agreement includes section 211 requiring the
Department to collect third-party payer information for
persons treated for a non-service-connected disability.
The conference agreement includes section 212 allowing for
the use of enhanced-use leasing revenues for Construction,
Major Projects and Construction, Minor Projects.
The conference agreement includes section 213 outlining
authorized uses for Medical Services funds.
The conference agreement includes section 214 allowing for
funds deposited into the Medical Care Collections Fund to be
transferred to the Medical Services and Medical Community
Care accounts.
The conference agreement includes section 215 which allows
Alaskan veterans to use medical facilities of the Indian
Health Service or tribal organizations.
The conference agreement includes section 216 permitting
the transfer of funds from the Department of Veterans Affairs
Capital Asset Fund to the Construction, Major Projects and
Construction, Minor Projects accounts and makes those funds
available until expended.
The conference agreement includes section 217 rescinding
$7,246,181,000 of fiscal year 2017 Medical Services funds
that were provided in advance. This funding is now provided
through the Medical Community Care account.
The conference agreement includes section 218 requiring the
Secretary to submit financial status quarterly reports for
each of the Administrations in the Department. The specific
data requested is similar to that requested in the fiscal
year 2016 conference report.
The conference agreement includes section 219 requiring the
Department to notify and receive approval from the Committees
of any proposed transfer of funding to or from the
Information Technology Systems account and limits the
aggregate annual increase in the account to no more than 10
percent of the funding appropriated to the account in this
Act.
The conference agreement includes section 220 prohibiting
any funds from being used in a manner that is inconsistent
with statutory limitations on outsourcing.
The conference agreement includes section 221 providing up
to $274,731,000 of fiscal year 2017 funds for transfer to the
Joint DOD-VA Medical Facility Demonstration Fund.
The conference agreement includes section 222 which permits
up to $280,802,000 of fiscal year 2018 medical care funding
provided in advance to be transferred to the Joint DOD-VA
Medical Facility Demonstration Fund.
The conference agreement includes section 223 which
authorizes transfers from the Medical Care Collections Fund
to the Joint DOD-VA Medical Facility Demonstration Fund.
The conference agreement includes section 224 which
transfers at least $15,000,000 from VA medical accounts to
the DOD-VA Health Care Sharing Incentive Fund.
The conference agreement includes section 225 prohibiting
funds available to the Department in this or any other Act
from being used to replace the current system by which VISNs
select and contract for diabetes monitoring supplies and
equipment.
The conference agreement includes section 226 requiring
that the Department notify the Committees of bid savings in a
major construction project of at least $5,000,000, or 5
percent, whichever is less, 14 days prior to the obligation
of the bid savings and their anticipated use.
The conference agreement includes section 227 which
prohibits VA from increasing the scope of work for a major
construction project above the scope specified in the
original budget request unless the Secretary receives
approval from the Committees.
The conference agreement includes section 228 requiring a
quarterly report from each VBA regional office on pending
disability claims, both initial and supplemental; error
rates; the number of claims processing personnel; corrective
actions taken; training programs; and review team audit
results.
The conference agreement includes section 229 limiting the
funding from the Medical Services and Medical Support and
Compliance accounts for the electronic health record and
electronic health record interoperability projects.
The conference agreement includes section 230 requiring VA
to notify the Committees 15 days prior to any staff office
relocations within VA of 25 or more FTE.
The conference agreement includes section 231 requiring the
Secretary to report to the Committees each quarter about any
single national outreach and awareness marketing campaign
exceeding $2,000,000.
The conference agreement includes section 232 permitting
the transfer to the Medical Services account of fiscal year
discretionary 2017 funds appropriated in this Act or
available from advance fiscal year 2017 funds already
appropriated, except for funds appropriated to General
Operating Expenses, VBA, to address possible unmet, high
priority needs in Medical Services. Such unanticipated
demands may result from circumstances such as a greater than
projected number of enrollees or higher intensity of use of
benefits. Any such transfer requires the approval of the
Committees.
The conference agreement includes section 233 permitting
the transfer of funding between the General Operating
Expenses, Veterans Benefits Administration account and the
Board of Veterans Appeals account if necessary to permit the
hiring of staffing at the appropriate stage of the appeals
process to address mounting claims appeals workload. Any such
transfer requires the approval of the Committees.
The conference agreement includes section 234 prohibiting
the Secretary from reprogramming funds in excess of
$5,000,000 among major construction projects or programs
unless the reprogramming is approved by the Committees.
The conference agreement includes section 235 rescinding
$40,000,000 in unobligated balances in the DOD-VA Health Care
Sharing Incentive Fund.
The conference agreement includes sections 236 and 237
making general rescissions of $169,000,000 in fiscal year
2017 advance appropriations and reductions of $23,000,000 in
fiscal year 2017 current funded appropriations.
The conference agreement includes section 238 mandating
certain professional standards for the veterans crisis
hotline.
The conference agreement includes section 239 pertaining to
certification of marriage and family therapists.
The conference agreement includes section 240 restricting
funds from being used to close certain medical facilities in
the absence of a national realignment strategy.
The conference agreement includes section 241 which
prohibits funds from being used to
[[Page 13460]]
transfer funding from the Filipino Veterans Equity
Compensation Fund to any other VA account.
The conference agreement includes section 242 which
provides an extension through fiscal year 2017 of the Access
Received Closer to Home (ARCH) program.
The conference agreement includes section 243 which ends a
co-payment requirement for opioid antagonists and supports
education on the use of opioid antagonists.
The conference agreement includes section 244 requiring the
VA Inspector General to make public all work products.
The conference agreement includes section 245 permitting
funding to be used in fiscal years 2017 and 2018 to carry out
and expand the child care pilot program authorized by section
205 of Public Law 111-163.
The conference agreement includes section 246 making
mandatory the reporting to State prescription drug monitoring
programs.
The conference agreement includes section 247 which
includes the text of the VA Patient Protection Act of 2016
addressing protections for VA whistleblowers.
The conference agreement includes section 248 identifying
information which may be used to verify the status of
coastwise merchant seamen who served during World War II for
the purposes of eligibility for medals, ribbons, or other
military decorations.
The conference agreement includes section 249 providing
monthly assistance allowances for disabled veterans competing
on United States Olympic teams.
The conference agreement includes section 250 which
provides coverage under the VA beneficiary travel program for
certain types of special disabilities rehabilitation.
The conference agreement includes section 251 which
requires VA to conduct annual inspections of kitchens and
food service areas of each medical facility, through the
Joint Commission on Accreditation of Hospital Organizations,
with required remediation if necessary.
The conference agreement includes section 252 which
requires VA to conduct periodic inspections of mold issues at
VA medical facilities through the Joint Commission on
Accreditation of Hospital Organizations, along with required
remediation if necessary.
The conference agreement includes section 253 reinstating
the requirement for a report on the capacity of VA to provide
for specialized treatment and rehabilitative needs of
disabled veterans.
The conference agreement includes section 254 permitting
the Secretary to use appropriated funds to ensure particular
ratios of veterans to full-time employment equivalents within
any VA program of rehabilitation.
The conference agreement includes section 255 indicating
that no funds available in the Act may be used to deny the
Inspector General timely access to Department records and
documents over which the Inspector General has
responsibilities under the Inspector General Act of 1978.
The conference agreement includes section 256 forbidding
funds to be used to enter into a settlement that would
restrict an individual's freedom to speak to Members of
Congress or their staff.
The conference agreement includes section 257 providing
authority for the Veterans Health Administration to
administer the National Veterans Sports Program.
The conference agreement includes section 258 requiring
certain data to be included in budget justifications for
Major Construction projects.
The conference agreement includes section 259 which
authorizes 8 VA major construction projects that were funded
in fiscal year 2016.
The conference agreement includes section 260 allowing the
use of Medical Services funding for fertility treatment and
adoption reimbursement for veterans and their spouses if the
veteran has a service-connected disability that results in
being unable to procreate without such fertility treatment.
The Secretary of Veterans Affairs shall develop and publish
implementing guidance within 120 days of enactment of this
Act. The implementing guidance developed by the Secretary
shall not be materially different from, and in no way more
expansive than, the implementing guidance promulgated by the
Department of Defense in the April 3, 2012 memorandum from
the Assistant Secretary of Defense (Health Affairs) entitled
``Policy for Assisted Reproductive Services for the Benefit
of Seriously or Severly Ill/Injured (Category II or III)
Active Duty Service Members''.
TITLE III--RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
The conference agreement includes $75,100,000 for Salaries
and Expenses of the American Battle Monuments Commission
(ABMC), as requested.
The conferees appreciate and support the meaningful work of
the ABMC to preserve commemorative and historical sites and
to educate the public about the United States Armed Forces.
The conferees further recognize the critical role that
African Americans and other minorities played during World
War II. The conferees urge the ABMC to partner with
Department of Defense historians to ensure that these
servicemembers and support staff are properly recognized at
ABMC sites. Further, the conferees direct the ABMC to
appropriately incorporate the contributions of African
Americans and other minorities into ABMC's interpretive
exhibits and on the ABMC website.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The conference agreement includes such sums as necessary
for the Foreign Currency Fluctuations Account. However, due
to favorable exchange rates, no funds are expected to be
required in fiscal year 2017.
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SALARIES AND EXPENSES
The conference agreement includes $30,945,000 for Salaries
and Expenses for the United States Court of Appeals for
Veterans Claims, as requested.
DEPARTMENT OF DEFENSE--CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
The conference agreement includes $70,800,000 for
Cemeterial Expenses, Army--Salaries and Expenses, as
requested. Within that amount, up to $15,000,000 in funding
is available until September 30, 2019.
ARMED FORCES RETIREMENT HOME TRUST FUND
The conference agreement includes a total of $64,300,000
for the Armed Forces Retirement Home (AFRH), as requested,
but does not provide the funds in the manner requested. The
agreement does not include the indefinite transfer of an
estimated $22,000,000 in funds from the Department of Defense
(DOD), Operations and Maintenance, Defense-Wide Account, as
requested. Instead, the conference agreement directs that
$42,300,000 be derived from the Trust Fund and $22,000,000 be
provided from the General Fund to support AFRH operations.
Trust Fund Solvency.--The conferees are disappointed the
Department of Defense did not include with the fiscal year
2017 budget request legislative proposals and administrative
actions that can be taken under current law in order to
achieve Trust Fund solvency in spite of clear direction to do
so in the Explanatory Statement accompanying Public Law 114-
113, the Consolidated Appropriations Act, 2016. Both
legislative and administrative actions are necessary to
improve Trust Fund solvency, eliminate AFRH's reliance on the
General Fund, and maintain the high-quality services provided
to AFRH residents. The conferees again direct DOD, working
with AFRH, to take appropriate administrative action and to
develop and submit proposed authorizing language with the
fiscal year 2018 budget request that addresses the issue of
Trust Fund solvency. In addition, AFRH is directed to
regularly report to the Committees on efforts to stabilize
the Trust Fund and to lease its property at the Washington,
D.C. facility.
Study Findings and Proposals.--AFRH's budget request notes
that DOD has undertaken an in-depth study to develop mid-term
and long-term plans to improve Trust Fund solvency. The study
also includes an analysis of AFRH operations to include
benchmarking and to identify potential legislative changes to
revise AFRH's funding model. The Committees request further
information from DOD regarding the study, including a report
on its cost, scope of work, deliverables, and timeline, and
requests a briefing on the findings and resulting proposals.
The conferees are troubled that the study's statement of work
seems to be focused on cuts to core AFRH operations as a
means of achieving Trust Fund solvency. The conference
agreement directs that AFRH and the Department of Defense
submit by October 1, 2016, a proposal that ensures the long-
term sustainability of the Trust Fund by replenishing the
Trust Fund's revenues, not by cutting core AFRH operations.
ADMINISTRATIVE PROVISIONS
The conference agreement includes section 301 permitting
funds to be provided to Arlington County, Virginia, for the
relocation of a water main located on the Arlington National
Cemetery property.
The conference agreement includes section 302 allowing
Arlington National Cemetery to deposit and use funds derived
from concessions.
TITLE IV--OVERSEAS CONTINGENCY OPERATIONS
Department of Defense
The conference agreement includes title IV, Overseas
Contingency Operations, for military construction projects
related to the Global War on Terrorism, the European
Reassurance Initiative and Counterterrorism Support that were
requested by the Administration in the Fiscal Year 2017
Overseas Contingency Operations budget request.
Military Construction, Army
The conference agreement includes $18,900,000 for
``Military Construction, Army'', as requested in the Fiscal
Year 2017 Overseas Contingency Operations budget request, for
planning and design in support of the European Reassurance
Initiative.
Military Construction, Navy and Marine Corps
The conference agreement includes $59,809,000 for
``Military Construction, Navy
[[Page 13461]]
and Marine Corps'', as requested in the Fiscal Year 2017
Overseas Contingency Operations budget request, of which
$21,400,000 is in support of the European Reassurance
Initiative and $38,409,000 is in support of Overseas
Contingency Operations.
Military Construction, Air Force
The conference agreement includes $88,291,000 for
``Military Construction, Air Force'', as requested in the
Fiscal Year 2017 Overseas Contingency Operations budget
request, of which $68,280,000 is in support of the European
Reassurance Initiative, $11,440,000 is in support of Overseas
Contingency Operations, and $8,571,000 is in support of
counterterrorism efforts.
Military Construction, Defense-Wide
The conference agreement includes $5,000,000 for ``Military
Construction, Defense-Wide'', as requested in the Fiscal Year
2017 Overseas Contingency Operations budget request, for
unspecified minor military construction for the Joint Staff
in support of the European Reassurance Initiative.
Administrative Provision
The conference agreement includes section 401 regarding
emergency designation for the Overseas Contingency Operations
accounts.
[[Page 13462]]
[[Page 13463]]
[[Page 13464]]
TITLE V--GENERAL PROVISIONS
The conference agreement includes section 501 prohibiting
the obligation of funds in this Act beyond the current fiscal
year unless expressly so provided.
The conference agreement includes section 502 prohibiting
the use of the funds in this Act for programs, projects, or
activities not in compliance with Federal law relating to
risk assessment, the protection of private property rights,
or unfunded mandates.
The conference agreement includes section 503 encouraging
all Departments to expand their use of ``E-Commerce.''
The conference agreement includes section 504 specifying
the congressional committees that are to receive all reports
and notifications.
The conference agreement includes section 505 prohibiting
the transfer of funds to any instrumentality of the United
States Government without authority from an appropriations
Act.
The conference agreement includes section 506 prohibiting
the use of funds for a project or program named for a serving
Member, Delegate, or Resident Commissioner of the United
States House of Representatives.
The conference agreement includes section 507 requiring all
reports submitted to Congress to be posted on official web
sites of the submitting agency.
The conference agreement includes section 508 prohibiting
the use of funds to establish or maintain a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography, except for law enforcement
investigation, prosecution, or adjudication activities.
The conference agreement includes section 509 prohibiting
the use of funds for the payment of first-class air travel by
an employee of the executive branch.
The conference agreement includes section 510 prohibiting
the use of funds in this Act for any contract where the
contractor has not complied with E-Verify requirements.
The conference agreement includes section 511 prohibiting
the use of funds in this Act by the Department of Defense or
the Department of Veterans Affairs for the purchase or lease
of a new vehicle except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
The conference agreement includes section 512 prohibiting
the use of funds in this Act for the renovation, expansion,
or construction of any facility in the continental United
States for the purpose of housing any individual who has been
detained at the United States Naval Station, Guantanamo Bay,
Cuba.
[[Page 13465]]
[[Page 13466]]
[[Page 13467]]
[[Page 13468]]
[[Page 13469]]
[[Page 13470]]
[[Page 13471]]
[[Page 13472]]
[[Page 13473]]
[[Page 13474]]
[[Page 13475]]
[[Page 13476]]
[[Page 13477]]
[[Page 13478]]
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS APPROPRIATIONS
The Act includes $1,108,094,000 in fiscal year 2016
appropriations for Zika response and preparedness. These
funds will provide the Department of Health and Human
Services and Department of State, and the U.S. Agency for
International Development, with additional resources to
combat the Zika virus.
Within the funds provided for Centers for Disease Control
and Prevention (CDC), a robust level of funding is intended
to support mosquito control efforts conducted by State,
county, or municipal programs, including mosquito control
districts. CDC should consider the risk of active or local
transmission of the Zika virus when allocating such funds.
The Secretary of Health and Human Services is encouraged to
update the Healthcare Common Procedure Coding System to
account for specific coding requirements and adequate
reimbursement rates for Zika diagnostic tests recognized by
the Food and Drug Administration.
Funds provided in the fifth proviso under the Public Health
and Social Services Emergency Fund shall be administered by
the Centers for Medicare and Medicaid Services to reimburse
for costs of health conditions related to the Zika virus.
A table displaying additional detail for the funding in
division B follows:
[[Page 13479]]
[[Page 13480]]
[[Page 13481]]
[[Page 13482]]
[[Page 13483]]
[[Page 13484]]
[[Page 13485]]
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
The Act includes the ``Continuing Appropriations Act,
2017'' as division C.
Section 145 of division C includes an additional
$500,000,000 for fiscal year 2016 for the Community Planning
and Development, Community Development Fund, for activities
related to major disasters. The Secretary of Housing and
Urban Development shall publish on a public website
information accounting for how all grant funds are used,
including the award and expenditure of funds. The Secretary
shall update the information on the website on a monthly
basis through December 31, 2016, and on a quarterly basis
thereafter.
DIVISION D--RESCISSIONS OF FUNDS
The Act includes $400,001,198 in budgetary savings for
fiscal year 2016, as follows:
$10,000,000 is rescinded from unobligated balances of
``Department of Commerce, Economic Development
Administration, Economic Development Assistance Programs'';
$13,000,000 is rescinded from unobligated balances of
``Department of Commerce, National Oceanic and Atmospheric
Administration, Operations, Research, and Facilities'';
$279,045 is rescinded from unobligated balances of
``Department of Homeland Security, Departmental Management
and Operations, Office of the Secretary and Executive
Management'';
$39,246 is rescinded from unobligated balances of
``Department of Homeland Security, U.S. Customs and Border
Protection, Salaries and Expenses'';
$48,075,920 is rescinded from ``Department of Homeland
Security, United States Coast Guard, Acquisition,
Construction, and Improvements'';
$731,790 is rescinded from unobligated balances of
``Department of Homeland Security, Federal Emergency
Management Agency, Administrative and Regional Operations'';
$168,100,000 is rescinded from unobligated amounts
available under section 1323(c)(1) of the Patient Protection
and Affordable Care Act;
$7,522,000 is rescinded from unobligated balances of Ebola
response and preparedness funds under ``Operating Expenses''
of the U.S. Agency for International Development;
$109,478,000 is rescinded from unobligated balances of
Ebola response and preparedness funds under ``Bilateral
Economic Assistance, Funds Appropriated to the President'';
$5,375,197 is rescinded from unobligated balances of
``Department of Transportation, Federal Aviation
Administration, Facilities and Equipment''; and
$37,400,000 is rescinded from unobligated balances of the
Department of Transportation provided under section 108 of
Public Law 101-130.
____________________
SURFACE TRANSPORTATION AND MARITIME SECURITY ACT
Mr. BOOKER. Mr. President, yesterday I joined my colleagues Senators
Nelson, Thune, and Fischer in introducing the Surface Transportation
and Maritime Security Act. The security of our Nation's ports and rail
and surface transportation systems is critical to the daily lives of
Americans, as well as to the health of our national economy. I thank my
colleagues for joining together on this important legislation and hope
that it leads to improved safety for our country.
This legislation comes months after the tragic attack on the Brussels
metro and airport which killed 35 and injured over 300, and it comes
just days after explosives were detonated in New Jersey and New York,
threatening the lives of thousands. The sad reality is that attacks
like these occur, and we must do more to protect our citizens.
The fact is mass transit and rail systems are challenging to secure.
Meeting this challenge requires us to have a strategy in place that
recognizes the evolving threats to surface networks and puts sufficient
resources in place to match those risks. Currently, less than 2 percent
of the Transportation Security Administration's, TSA, budget and staff
are dedicated to protecting surface transportation networks. While the
Federal role has been to support and oversee State and local efforts to
secure transit and other surface networks, we need to ask ourselves
whether we are doing enough to protect passengers.
The Surface Transportation and Maritime Security Act requires the TSA
Administrator to implement risk-based security plans for surface
transportation in order to ensure resources are being driven to the
most high-risk places. The bill directs TSA to conduct careful analysis
to consider risks and provide mitigation strategies using information
from global terrorist attacks. Additionally, I thank my colleagues for
working with me to include language to the bill that will authorize
more bomb-sniffing canines to be utilized to deter threats in our
railroad networks and surface transportation. The bill also helps
improve the screening of maritime workers and includes further measures
to reform and improve port security. The bill includes several other
important provisions that will yield new data to help inform future
security needs. The bill is a product of compromise with my colleagues,
and we will also need to work with our appropriator colleagues to
ensure TSA has the resources to take these important security measures.
Again I thank my esteemed colleagues for partnering together on this
legislation.
____________________
GROWTH DISORDER AWARENESS WEEK
Mr. MENENDEZ. Mr. President, today, on behalf of every child
currently living with a growth disorder, I wish to recognize this
week--September 19 through 23, 2016--as Growth Disorder Awareness Week.
A child's growth is a strong indicator of that child's overall health
status. According to the Pictures of Standard Syndromes and Undiagnosed
Malformations, POSSUM, database, more than 600 serious diseases and
health conditions can cause growth failure. These diseases range from
nutritional disturbances and hormone imbalances, to far more serious
conditions that affect the kidneys or even lead to brain tumors. While
these conditions affect a child's growth progress, a stunning 48
percent of children with the most common growth disorders go
undiagnosed. To make matters worse, the longer a child with growth
failure goes undiagnosed, the greater the potential for long-term
health issues and higher costs of treatment. Early detection and
diagnosis are, therefore, critical to ensuring a healthy future for
these children.
This week, as we recognize Growth Disorder Awareness Week, I want to
applaud the MAGIC Foundation for the tremendous work they do to further
public awareness of growth failure and to improve the lives and health
of the children whom they affect.
____________________
100TH ANNIVERSARY OF THE KIWANIS CLUB OF MILWAUKEE
Ms. BALDWIN. Mr. President, today I wish to recognize the 100th
anniversary of the Kiwanis Club of Milwaukee. Over the past 100 years,
the club and its members have served the families and children of
Milwaukee through countless hours of service and commitment meant to
better the community. This year, as they celebrate their 100th
anniversary, I wish to honor their philanthropic achievements and
dedication to this great Wisconsin city.
Founded in 1916 as a charter club, the Kiwanis Club of Milwaukee was
the 23rd chapter founded in the United States and is now one of 8,309
worldwide. Although one of many around the globe, the Milwaukee Club
has set itself apart through its 100-year tradition of service and
advocacy on behalf of Milwaukee children.
One of the first projects members embraced in 1917 was providing coal
for families in need. In 1939, they opened a Gaenslen School for
handicapped children, and 20 years later, in 1959, they established a
Boy Scout troop for 30 handicapped boys. Continuing their aid to
children, in 1977, the club started a Children's Center for Curative
Rehabilitation. Elsewhere in their community, they sponsored and
directed Milwaukee's first river clean-up in 1982 and established the
Kiwanis Landing community fishing area in 2010. The common thread in
all these important programs was creating opportunities for children,
regardless of their circumstances.
In all their efforts, Kiwanis members strive to improve the quality
of life for all Milwaukee residents. In 2015, they conducted vision
tests at 37 Milwaukee public schools, serving 5,550 children.
Additionally, they served meals to more than 750 children and their
families at the Ronald McDonald House. The Kiwanis Club of Milwaukee
has spent countless hours tutoring children
[[Page 13486]]
in Milwaukee public schools, as well as helping guide college students
in organizing volunteer programs at three local colleges. Throughout
the year, the club collects items such as hats, mittens, gloves, and
personal hygiene products for homeless children, and they work to
replenish local food banks.
In honor of their 100th anniversary, the club has taken on additional
service projects that revolve around the number 100, including
providing 100 Thanksgiving meals, donating 100 backpacks to children in
foster care, planting 100 native trees, donating 100 flowering mums to
single mothers, and donating 100 U.S. flags to schools and nonprofits.
It is heartwarming to think of the vast number of children and
families club members have helped during their 100 years of service
They deserve to be proud of the significant difference they have made
in the lives of individuals in need and the collective impact they have
had on their community as a whole.
The Kiwanis Club of Milwaukee is a truly wonderful, deserving
organization. Members work hard every day to help the world become a
better place--one child at a time. I am excited to see what the future
holds for this exemplary organization and the families it serves.
____________________
ADDITIONAL STATEMENTS
______
TRIBUTE TO JOAN ELIEL
Mr. DAINES. Mr. President, I would like to recognize Joan
Eliel, investigator/program specialist with the Montana Department of
Justice for receiving one of three 2016 Outstanding Crime Victim
Advocate of the Year awards. Joan is a dedicated public servant who has
been a key DOJ employee for Attorneys General McGrath, Bullock, and Fox
covering 14 years.
Confederated Salish and Kootenai Tribal Court chief judge, Winona
Tanner, nominated Joan for the Outstanding Victim Advocate Award due to
her leadership as program administrator for Montana's Project Passport,
End of Life Registry, and Address Confidentiality Programs. Joan is
currently piloting two national projects, including the Hope Card
Project, which helps victims of protection order violations on the
local, tribal, State, and Federal level. Matthew Dale, director of the
Office of Consumer Protection and Victim Services, stated that Joan's
work ``. . . is a national model of how Native Americans, the state and
the federal government can work together to keep victims safe and hold
offenders accountable.''
Joan is a true innovator and had dedicated her life to making
positive and lasting changes for the victims of domestic violence. I am
truly honored to be able to recognize Joan as ``Montanan of the Week''
for those efforts. Joan is married and the mother of two children and
resides in Townsend, MT, in Broadwater County.
Thank you, Joan, for your service, not only to the people of Montana,
but our entire Nation. I look forward to hearing about the next
innovative work you will lead on and the success of your current
projects.
____________________
TRIBUTE TO KATHLEEN LYNN SCHAEFFER AND ARVELLA JERGESEN
Mr. HELLER. Mr. President, today I wish to congratulate
Kathleen Lynn Schaeffer and Arvella Jergesen on receiving the
Presidential Awards for Excellence in Mathematics and Science Teaching.
These awards are truly prestigious, attained by only the most
influential educators across the country. The Silver State is fortunate
to have both of these successful teachers working at local schools.
The Presidential Awards for Excellence in Mathematics and Science
Teaching are considered the Nation's highest honor for kindergarten
through high school mathematics and science educators. These teachers
stand as role models to their colleagues and are dedicated to the
success of America's future generations, particularly in encouraging
students to pursue science, technology, engineering, and math. These
educators go above and beyond in their local schools to implement
unique, high-quality curriculum to help students excel in their
learning. I am thankful to both Ms. Schaeffer and Mrs. Jergesen for
their invaluable educational contributions.
Ms. Schaeffer has played an influential role in the lives of students
since she started working for the Clark County School District in 1988.
As a member of the original staff that opened Bob Miller Middle School,
BM, in Henderson, NV, she truly made an everlasting impression on its
faculty, staff, and student body. During her time at BM, she
established and directed the annual Bobcat Institute to assist each
year's sixth grade class through their transition into middle school.
Ms. Schaeffer was recognized most for her technology-based teaching
methods that triggered educational growth for all of her students.
Currently, Ms. Schaeffer works for the Clark County School District and
was recently selected to attend the Foundations of Global Education
International Research and Exchanges, where she participated in a
fellowship in India. Ms. Schaeffer's teaching methods have proven to be
truly beneficial to many Clark County School District students. Ms.
Schaeffer's work is truly commendable.
Mrs. Jergesen has taught at Fernley Intermediate School, FIS, for 15
years. She is the anchor of the school's sixth grade math and science
team, chairperson of FIS's School Improvement Plan program, and coach
of the school's Academic Olympic Team. Mrs. Jergesen is also a pivotal
resource that brings guest speakers and educational workshops to FIS
that foster students to participate in unique, hands-on learning
experiences. Mrs. Jergesen is an outstanding teacher who is dedicated
to ensuring all her students succeed. She is highly respected within
her community and is very deserving of this award. Mrs. Jergesen's
dedication is greatly appreciated in Fernley and throughout the rest of
Nevada.
As a father of four children who attended Nevada's public schools and
as the husband of a teacher, I understand the important role that
teachers play in enriching the lives of Nevada's students. Ensuring
that America's youth are prepared to compete in the 21st century is
critical for the future of our country. The State of Nevada is
fortunate to be home to educators such as Ms. Schaeffer and Mrs.
Jergesen.
I ask my colleagues and all Nevadans to join me in thanking Ms.
Schaeffer and Mrs. Jergesen for their dedication to enriching the lives
of Nevada's students and in congratulating them on receiving this
incredible award. I wish them well in all of their future endeavors and
in creating success for all students who enter their
classrooms.
____________________
TRIBUTE TO ALLANA NOYES
Mr. HELLER. Mr. President, today I wish to recognize one of
Nevada's brightest students--Allana Noyes--on being selected as a 2015-
2016 recipient of the Fulbright scholarship.
The Fulbright Scholar Program was developed shortly after World War
II by former U.S. Senator James William Fulbright to promote the
exchange of students in the fields of education, culture, and science.
Today the program offers 1,900 grants each year for students to study
in various fields in more than 140 countries worldwide. As a highly
competitive and prestigious scholarship, thousands of students and
young professionals apply from across the country. I am proud to
congratulate Ms. Noyes on her achievement. She is a shining example of
how hard work leads to success and stands as a role model for future
members of the Nevada Wolf Pack.
Ms. Noyes graduated from the University of Nevada, Reno, or UNR, with
bachelor's degrees in linguistics, Spanish, and French. Before deciding
for multiple degrees at UNR, Ms. Noyes participated in a study abroad
program in Puebla, Mexico. After her time in Puebla, Ms. Noyes followed
her passion of language and moved to France to study and practice
French. Ms. Noyes returned to UNR to pursue her passion in language and
continued studying
[[Page 13487]]
French while taking nearly every Spanish class offered at the
university. After completing all of her requirements, Ms. Noyes
received her Fulbright scholarship, allowing her to spend a year in
Mexico with the Fulbright English Teaching Assistant Program. Ms. Noyes
is focusing her efforts on educating students in both Spanish and
English, while embedding herself in Mexican culture and lifestyle.
After her time in Mexico, Ms. Noyes is expected to enter a graduate
program that focuses on translation and creative writing skills.
Ultimately, Ms. Noyes plans to become an English and Spanish creative
writer and translator.
Today I ask my colleagues to join me in congratulating this
exceptional young Nevadan. I am proud to have her representing both
Nevada and UNR as a global ambassador through the Fulbright Scholarship
Program. Allana Noyes worked hard for this incredible opportunity, and
I wish her the best of luck in her future endeavors.
____________________
REMEMBERING PAM HILLERY
Mr. TESTER. Mr. President, I wish to honor the life of my
close friend, Pam Hillery.
On Wednesday, September 14, 2016, Pam passed away, surrounded by her
loving family, but leaving behind an unforgettable and inspiring life
story. Her legacy is one of tremendous political activism and civic
involvement, and it will endure throughout the Treasure State.
Pam, who suffered from amyotrophic lateral sclerosis, ALS, or Lou
Gehrig's disease, never let her diagnosis prevent her from lending a
helping hand to the community or working tirelessly to improve the
lives of those around her. She immersed herself in community service.
Born in Mechanicsburg, PA, in July 1960, Pam graduated high school in
Germany in 1978--where her father was stationed with the U.S.
Department of Defense--and attended college at the College of William
and Mary, eventually gaining her master's degree in environmental
studies at the University of Montana. It was there that she met her
future husband, Paul. They married in 1989.
In every town or city where they lived, Pam gave back to the
community. In Helena, she volunteered for the Solid Waste Task Force,
CASA, St. Helena Cathedral, and won a seat on the Helena Citizens
Council, in addition to cofounding Trash for Trees.
In Havre, where she and Paul moved in 2000, she volunteered for St.
Jude's Catholic Church, the Boys and Girls Club of the Hi-Line, Havre
Elementary PTO, Havre-Hill County Crimestoppers, and the Hi-Line/
Northern Showcase Concert Association. She served two terms on the city
council and launched a run for mayor. Even after being diagnosed with
ALS, she remained undaunted. Pam was appointed to a 1-year term on the
city council after a council member resigned, but this was not simply a
caretaker appointment. Pam was no placeholder. She immediately went
into action and launched a sweeping plan to fix the city's decaying
streets. After leaving office, Pam was concerned the council was
dragging its feet, so she showed up at a meeting. Unable to speak, she
had her husband, Paul, read a letter urging prompt action. Still
frustrated, she followed up with a letter to the editor.
That was Pam. She never gave up. Pam loved Havre and gave 100 percent
of herself to make her community and her State a better place.
Pam is survived by her husband, Paul, their two children Dolan and
Caroline, her five siblings, several nieces and nephews, and one great-
nephew. I know that they are grieving, but I hope they find some
comfort in the fact that Pam will be remembered by a grateful community
that is better off for having been graced with her enduring and
cheerful spirit.
____________________
MESSAGES FROM THE PRESIDENT
Messages from the President of the United States were communicated to
the Senate by Mr. Pate, one of his secretaries.
____________________
EXECUTIVE MESSAGES REFERRED
As in executive session the Presiding Officer laid before the Senate
messages from the President of the United States submitting sundry
nominations which were referred to the appropriate committees.
(The messages received today are printed at the end of the Senate
proceedings.)
____________________
MESSAGES FROM THE HOUSE
At 1:16 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 bills, in which it requests the concurrence of the
Senate:
H.R. 2315. An act to limit the authority of States to tax
certain income of employees for employment duties performed
in other States.
H.R. 3438. An act to amend title 5, United States Code, to
postpone the effective date of high-impact rules pending
judicial review.
H.R. 3924. An act to establish in the United States Agency
for International Development an entity to be known as the
United States Global Development Lab, and for other purposes.
H.R. 3957. An act to amend the Internal Revenue Code of
1986 to temporarily allow expensing of certain costs of
replanting citrus plants lost by reason of casualty.
H.R. 4712. An act to direct the Secretary of Homeland
Security to provide for an option under the Secure Mail
Initiative under which a person to whom a document is sent
under that initiative may require that the United States
Postal Service obtain a signature from that person in order
to deliver the document, and for other purposes.
H.R. 5064. An act to amend the Small Business Act to allow
small business development centers to assist and advise small
business concerns on relevant cyber security matters, and for
other purposes.
H.R. 5094. An act to contain, reverse, and deter Russian
aggression in Ukraine, to assist Ukraine's democratic
transition, and for other purposes.
H.R. 5147. An act to amend title 40, United States Code, to
require restrooms in public buildings to be equipped with
baby changing facilities.
H.R. 5461. An act to require the Secretary of the Treasury
to submit a report to the appropriate congressional
committees on the estimated total assets under direct or
indirect control by certain senior Iranian leaders and other
figures, and for other purposes.
H.R. 5613. An act to provide for the extension of the
enforcement instruction on supervision requirements for
outpatient therapeutic services in critical access and small
rural hospitals through 2016.
H.R. 5659. An act to amend title XVIII of the Social
Security Act with respect to expanding Medicare Advantage
coverage for individuals with end-stage renal disease (ESRD).
H.R. 5708. An act to oppose loans at international
financial institutions for the Government of Nicaragua, other
than to address basic human needs or promote democracy,
unless the Government of Nicaragua is taking effective steps
to hold free, fair, and transparent elections, and for other
purposes.
H.R. 5713. An act to provide for the extension of certain
long-term care hospital Medicare payment rules, clarify the
application of rules on the calculation of hospital length of
stay to certain moratorium-excepted long-term care hospitals,
and for other purposes.
H.R. 5859. An act to amend the Homeland Security Act of
2002 to establish the major metropolitan area
counterterrorism training and exercise grant program, and for
other purposes.
H.R. 5977. An act to direct the Secretary of Transportation
to provide to the appropriate committees of Congress advance
notice of certain announcements, and for other purposes.
H.R. 5995. An act to strike the sunset on certain
provisions relating to the authorized protest of a task or
delivery order under section 4106 of title 41, United States
Code.
H.R. 6007. An act to amend title 49, United States Code, to
include consideration of certain impacts on commercial space
launch and reentry activities in a navigable airspace
analysis, and for other purposes.
H. R. 6014. An act to allow the Administrator of the
Federal Aviation Administration to enter into reimbursable
agreements for certain airport projects.
The message further announced that the House has agreed to the
following concurrent resolution, in which it requests the concurrence
of the Senate:
H. Con. Res. 122. Concurrent resolution supporting efforts
to stop the theft, illegal possession or sale, transfer, and
export of tribal cultural items of American Indians, Alaska
Natives, and Native Hawaiians in the United States and
internationally.
The message also announced that the House agrees to the amendment of
the
[[Page 13488]]
Senate to the bill (H.R. 1475) to authorize a Wall of Remembrance as
part of the Korean War Veterans Memorial and to allow certain private
contributions to fund that Wall of Remembrance.
The message further announced that the House agrees to the amendment
of the Senate to the bill (H.R. 2494) to support global anti-poaching
efforts, strengthen the capacity of partner countries to counter
wildlife trafficking, designate major wildlife trafficking countries,
and for other purposes.
Enrolled Bills Signed
At 4:40 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the Speaker has
signed the following enrolled bills:
H.R. 2615. An act to establish the Virgin Islands of the
United States Centennial Commission.
H.R. 5252. An act to designate the United States Customs
and Border Protection Port of Entry located at 1400 Lower
Island Road in Tornillo, Texas, as the ``Marcelino Serna Port
of Entry''.
H.R. 5937. An act to amend title 36, United States Code, to
authorize the American Battle Monuments Commission to
acquire, operate, and maintain the Lafayette Escadrille
Memorial in Marnes-la-Coquette, France, and for other
purposes.
____________________
MEASURES REFERRED
The following bills were read the first and the second times by
unanimous consent, and referred as indicated:
H.R. 3438. An act to amend title 5, United States Code, to
postpone the effective date of high-impact rules pending
judicial review; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 3924. An act to establish in the United States Agency
for International Development an entity to be known as the
United States Global Development Lab, and for other purposes;
to the Committee on Foreign Relations.
H.R. 4712. An act to direct the Secretary of Homeland
Security to provide for an option under the Secure Mail
Initiative under which a person to whom a document is sent
under that initiative may require that the United States
Postal Service obtain a signature from that person in order
to deliver the document, and for other purposes; to the
Committee on Homeland Security and Governmental Affairs.
H.R. 5094. An act to contain, reverse, and deter Russian
aggression in Ukraine, to assist Ukraine's democratic
transition, and for other purposes; to the Committee on
Foreign Relations.
H.R. 5461. An act to require the Secretary of the Treasury
to submit a report to the appropriate congressional
committees on the estimated total assets under direct or
indirect control by certain senior Iranian leaders and other
figures, and for other purposes; to the Committee on Banking,
Housing, and Urban Affairs.
H.R. 5613. An act to provide for the extension of the
enforcement instruction on supervision requirements for
outpatient therapeutic services in critical access and small
rural hospitals through 2016; to the Committee on Finance.
H.R. 5659. An act to amend title XVIII of the Social
Security Act with respect to expanding Medicare Advantage
coverage for individuals with end-stage renal disease (ESRD);
to the Committee on Finance.
H.R. 5708. An act to oppose loans at international
financial institutions for the Government of Nicaragua, other
than to address basic human needs or promote democracy,
unless the Government of Nicaragua is taking effective steps
to hold free, fair, and transparent elections, and for other
purposes; to the Committee on Foreign Relations.
H.R. 5713. An act to provide for the extension of certain
long-term care hospital Medicare payment rules, clarify the
application of rules on the calculation of hospital length of
stay to certain moratorium-excepted long-term care hospitals,
and for other purposes; to the Committee on Finance.
H.R. 5859. An act to amend the Homeland Security Act of
2002 to establish the major metropolitan area
counterterrorism training and exercise grant program, and for
other purposes; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 6014. An act to allow the Administrator of the Federal
Aviation Administration to enter into reimbursable agreements
for certain airport projects; to the Committee on Commerce,
Science, and Transportation.
____________________
MEASURES PLACED ON THE CALENDAR
The following bills were read the first and second times by unanimous
consent, and placed on the calendar:
H.R. 5687. An act to eliminate or modify certain mandates
of the Government Accountability Office.
H.R. 5690. An act to ensure the Government Accountability
Office has adequate access to information.
____________________
REPORTS OF COMMITTEES
The following reports of committees were submitted:
By Mr. THUNE, from the Committee on Commerce, Science, and
Transportation, with an amendment in the nature of a
substitute:
S. 1040. A bill to direct the Consumer Product Safety
Commission and the National Academy of Sciences to study the
vehicle handling requirements proposed by the Commission for
recreational off-highway vehicles and to prohibit the
adoption of any such requirements until the completion of the
study, and for other purposes (Rept. No. 114-357).
S. 650. A bill to extend the positive train control system
implementation deadline, and for other purposes.
____________________
EXECUTIVE REPORTS OF COMMITTEE
The following executive reports of nominations were submitted:
By Mr. McCAIN for the Committee on Armed Services.
Air Force nomination of Col. Kenneth P. Ekman, to be
Brigadier General.
Air Force nomination of Brig. Gen. Jon T. Thomas, to be
Major General.
Army nominations beginning with Col. Alfred F. Abramson III
and ending with Col. David Wilson, which nominations were
received by the Senate and appeared in the Congressional
Record on September 6, 2016. (minus 2 nominees: Col. Mario A.
R. Diaz; Col. Michael R. Fenzel)
*Air Force nomination of Gen. John E. Hyten, to be General.
Navy nomination of Rear Adm. Christopher W. Grady, to be
Vice Admiral.
Mr. McCAIN. Mr. President, for the Committee on Armed Services I
report favorably the following nomination list which was printed in the
Record on the date indicated, and ask unanimous consent, to save the
expense of reprinting on the Executive Calendar that this nomination
lie at the Secretary's desk for the information of Senators.
The PRESIDING OFFICER. Without objection, it is so ordered.
Navy nomination of Thomas M. Hearty, to be Commander.
*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.
(Nominations without an asterisk were reported with the
recommendation that they be confirmed.)
____________________
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 Ms. WARREN (for herself, Mr. Durbin, and Mr.
Schatz):
S. 3380. A bill to amend the Higher Education Act of 1965
to provide for accreditation reform, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
By Mr. PETERS:
S. 3381. A bill to establish a program to accurately
document vehicles that were significant in the history of the
United States, and for other purposes; to the Committee on
Energy and Natural Resources.
By Mr. MURPHY (for himself, Mr. Blumenthal, and Mr.
Whitehouse):
S. 3382. A bill to amend title 31, United States Code, to
provide for the issuance of Green Bonds and to establish the
United States Green Bank, and for other purposes; to the
Committee on Finance.
By Mr. ALEXANDER (for himself and Mr. Corker):
S. 3383. A bill to designate the Federal building and
United States courthouse located at 719 Church Street in
Nashville, Tennessee, as the ``Fred. D. Thompson Federal
Building and United States Courthouse''; to the Committee on
Environment and Public Works.
By Mr. WYDEN:
S. 3384. A bill to amend the Internal Revenue Code of 1986
to provide a credit for middle-income housing, and for other
purposes; to the Committee on Finance.
By Mr. WHITEHOUSE (for himself, Ms. Warren, and Mr.
Durbin):
S. 3385. A bill to amend title 11 of the United States Code
to provide bankruptcy protections for medically distressed
debtors, and for other purposes; to the Committee on the
Judiciary.
[[Page 13489]]
By Mr. BLUNT (for himself and Mrs. McCaskill):
S. 3386. A bill to amend title 36, United States Code, to
designate May 1 as ``Silver Star Service Banner Day''; to the
Committee on the Judiciary.
By Mr. COTTON:
S. 3387. A bill to provide for the fast track review of
certain generic drugs; to the Committee on Health, Education,
Labor, and Pensions.
By Mrs. MURRAY:
S. 3388. A bill to make improvements to certain wildfire
and disaster recovery programs of the Federal Government, and
for other purposes; to the Committee on Homeland Security and
Governmental Affairs.
By Mr. HEINRICH:
S. 3389. A bill to authorize State-sponsored multiple
employer plans and State payroll deduction savings programs;
to the Committee on Finance.
By Mr. DURBIN (for himself and Mr. Wicker):
S. 3390. A bill to ensure that significantly more students
graduate college with the international knowledge and
experience essential for success in today's global economy
through the establishment of the Senator Paul Simon Study
Abroad Program in the Department of Education; to the
Committee on Health, Education, Labor, and Pensions.
By Mr. REED (for himself, Ms. Collins, Mr. Cochran, and
Mrs. Gillibrand):
S. 3391. A bill to reauthorize the Museum and Library
Services Act; to the Committee on Health, Education, Labor,
and Pensions.
By Mr. ISAKSON (for himself and Mr. Carper):
S. 3392. A bill to amend title XVIII of the Social Security
Act in order to improve the process whereby Medicare
Administrative Contractors issue local coverage
determinations under the Medicare Program, and for other
purposes; to the Committee on Finance.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Mr. GRASSLEY (for himself, Mrs. Gillibrand, and Mr.
Daines):
S. Con. Res. 51. A concurrent resolution expressing the
sense of Congress that those who served in the bays, harbors,
and territorial seas of the Republic of Vietnam during the
period beginning on January 9, 1962, and ending on May 7,
1975, should be presumed to have been exposed to the toxin
Agent Orange and should be eligible for all related Federal
benefits that come with such presumption under the Agent
Orange Act of 1991; to the Committee on Veterans' Affairs.
____________________
ADDITIONAL COSPONSORS
S. 386
At the request of Mr. Thune, the name of the Senator from Georgia
(Mr. Isakson) was added as a cosponsor of S. 386, a bill to limit the
authority of States to tax certain income of employees for employment
duties performed in other States.
S. 613
At the request of Mrs. Gillibrand, the name of the Senator from
Hawaii (Ms. Hirono) was added as a cosponsor of S. 613, a bill to amend
the Richard B. Russell National School Lunch Act to improve the
efficiency of summer meals.
S. 827
At the request of Ms. Klobuchar, the name of the Senator from Vermont
(Mr. Leahy) was added as a cosponsor of S. 827, a bill to amend the
Communications Act of 1934 to ensure the integrity of voice
communications and to prevent unjust or unreasonable discrimination
among areas of the United States in the delivery of such
communications.
S. 1085
At the request of Mrs. Murray, the name of the Senator from
Washington (Ms. Cantwell) was added as a cosponsor of S. 1085, a bill
to expand eligibility for the program of comprehensive assistance for
family caregivers of the Department of Veterans Affairs, to expand
benefits available to participants under such program, to enhance
special compensation for members of the uniformed services who require
assistance in everyday life, and for other purposes.
S. 1473
At the request of Mr. Markey, the name of the Senator from Vermont
(Mr. Sanders) was added as a cosponsor of S. 1473, a bill to authorize
the appropriation of funds to the Centers for Disease Control and
Prevention for conducting or supporting research on firearms safety or
gun violence prevention.
S. 1562
At the request of Mr. Wyden, the name of the Senator from North
Dakota (Ms. Heitkamp) was added as a cosponsor of S. 1562, a bill to
amend the Internal Revenue Code of 1986 to reform taxation of alcoholic
beverages.
S. 1714
At the request of Mr. Manchin, the name of the Senator from Alaska
(Mr. Sullivan) was added as a cosponsor of S. 1714, a bill to amend the
Surface Mining Control and Reclamation Act of 1977 to transfer certain
funds to the Multiemployer Health Benefit Plan and the 1974 United Mine
Workers of America Pension Plan, and for other purposes.
S. 2028
At the request of Mr. Paul, the name of the Senator from Hawaii (Ms.
Hirono) was added as a cosponsor of S. 2028, a bill to amend the
Federal Credit Union Act, to advance the ability of credit unions to
promote small business growth and economic development opportunities,
and for other purposes.
S. 2066
At the request of Mr. Sasse, the name of the Senator from Georgia
(Mr. Isakson) was added as a cosponsor of S. 2066, a bill to amend
title 18, United States Code, to prohibit a health care practitioner
from failing to exercise the proper degree of care in the case of a
child who survives an abortion or attempted abortion.
S. 2071
At the request of Mr. Crapo, the name of the Senator from Colorado
(Mr. Bennet) was added as a cosponsor of S. 2071, a bill to amend title
XVIII of the Social Security Act to modernize payments for ambulatory
surgical centers under the Medicare program, and for other purposes.
S. 2216
At the request of Ms. Collins, the name of the Senator from West
Virginia (Mrs. Capito) was added as a cosponsor of S. 2216, a bill to
provide immunity from suit for certain individuals who disclose
potential examples of financial exploitation of senior citizens, and
for other purposes.
S. 2253
At the request of Mr. Blumenthal, the name of the Senator from
Washington (Mrs. Murray) was added as a cosponsor of S. 2253, a bill to
amend title 38, United States Code, to provide veterans affected by
closures of educational institutions certain relief and restoration of
educational benefits, and for other purposes.
S. 2385
At the request of Mr. Coons, the names of the Senator from Ohio (Mr.
Portman) and the Senator from Oregon (Mr. Merkley) were added as
cosponsors of S. 2385, a bill to strengthen protections for the
remaining populations of wild elephants, rhinoceroses, and other
imperiled species through country-specific anti-poaching efforts and
anti-trafficking strategies, to promote the value of wildlife and
natural resources, to curtail the demand for illegal wildlife products
in consumer countries, and for other purposes.
S. 2420
At the request of Mr. Blumenthal, the name of the Senator from
Massachusetts (Ms. Warren) was added as a cosponsor of S. 2420, a bill
to amend the Food and Nutrition Act of 2008 to modify the exception to
the work requirement.
S. 2424
At the request of Mr. Portman, the name of the Senator from Georgia
(Mr. Isakson) was added as a cosponsor of S. 2424, a bill to amend the
Public Health Service Act to reauthorize a program for early detection,
diagnosis, and treatment regarding deaf and hard-of-hearing newborns,
infants, and young children.
S. 2628
At the request of Mr. Coons, the name of the Senator from
Massachusetts (Ms. Warren) was added as a cosponsor of S. 2628, a bill
to authorize the National Emergency Medical Services Memorial
Foundation to establish a commemorative work in the District of
Columbia and its environs, and for other purposes.
[[Page 13490]]
S. 2680
At the request of Mr. Alexander, the names of the Senator from Iowa
(Mrs. Ernst) and the Senator from New Hampshire (Mrs. Shaheen) were
added as cosponsors of S. 2680, a bill to amend the Public Health
Service Act to provide comprehensive mental health reform, and for
other purposes.
S. 2841
At the request of Mr. Booker, the name of the Senator from Maryland
(Mr. Cardin) was added as a cosponsor of S. 2841, a bill to amend the
Outer Continental Shelf Lands Act to prohibit oil-, gas-, and methane
hydrate-related seismic activities in the North Atlantic, Mid-Atlantic,
South Atlantic, and Straits of Florida planning areas of the outer
Continental Shelf, and for other purposes.
S. 2892
At the request of Ms. Stabenow, the names of the Senator from
Mississippi (Mr. Wicker), the Senator from Michigan (Mr. Peters) and
the Senator from Vermont (Mr. Sanders) were added as cosponsors of S.
2892, a bill to accelerate the use of wood in buildings, especially
tall wood buildings, and for other purposes.
S. 2912
At the request of Mr. Johnson, the name of the Senator from Kentucky
(Mr. Paul) was added as a cosponsor of S. 2912, a bill to authorize the
use of unapproved medical products by patients diagnosed with a
terminal illness in accordance with State law, and for other purposes.
S. 2979
At the request of Mr. Wyden, the name of the Senator from Michigan
(Ms. Stabenow) was added as a cosponsor of S. 2979, a bill to amend the
Federal Election Campaign Act of 1971 to require candidates of major
parties for the office of President to disclose recent tax return
information.
S. 3056
At the request of Mr. Leahy, the names of the Senator from Illinois
(Mr. Durbin) and the Senator from Arkansas (Mr. Cotton) were added as
cosponsors of S. 3056, a bill to provide for certain causes of action
relating to delays of generic drugs and biosimilar biological products.
S. 3130
At the request of Mr. Markey, the name of the Senator from New York
(Mrs. Gillibrand) was added as a cosponsor of S. 3130, a bill to amend
title XVIII of the Social Security Act to provide for a permanent
Independence at Home medical practice program under the Medicare
program.
S. 3179
At the request of Ms. Heitkamp, the name of the Senator from Illinois
(Mr. Durbin) was added as a cosponsor of S. 3179, a bill to amend the
Internal Revenue Code of 1986 to improve and extend the credit for
carbon dioxide sequestration.
S. 3223
At the request of Mrs. Murray, the name of the Senator from Wisconsin
(Ms. Baldwin) was added as a cosponsor of S. 3223, a bill to increase
funding to reduce opioid use disorders and overdose, and for other
purposes.
S. 3242
At the request of Ms. Ayotte, the name of the Senator from Missouri
(Mr. Blunt) was added as a cosponsor of S. 3242, a bill to amend the
Internal Revenue Code of 1986 to provide the opportunity for
responsible health savings to all American families.
S. 3260
At the request of Mr. Inhofe, the name of the Senator from South
Dakota (Mr. Rounds) was added as a cosponsor of S. 3260, a bill to
provide liability protection for volunteer pilots who fly for the
public benefit, and for other purposes.
S. 3308
At the request of Mrs. Capito, the name of the Senator from Kansas
(Mr. Moran) was added as a cosponsor of S. 3308, a bill to amend title
XVIII of the Social Security Act to prohibit prescription drug plan
sponsors and MA-PD organizations under the Medicare program from
retroactively reducing payment on clean claims submitted by pharmacies.
S. 3367
At the request of Mr. Rubio, his name was added as a cosponsor of S.
3367, a bill to authorize the Secretary of Veterans Affairs to carry
out certain major medical facility leases of the Department of Veterans
Affairs.
S. 3379
At the request of Mr. Thune, the name of the Senator from Connecticut
(Mr. Blumenthal) was added as a cosponsor of S. 3379, a bill to improve
surface transportation and maritime security.
S.J. RES. 32
At the request of Mr. Murphy, the name of the Senator from Ohio (Mr.
Brown) was added as a cosponsor of S.J. Res. 32, a joint resolution to
provide limitations on the transfer of certain United States munitions
from the United States to Saudi Arabia.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. PETERS:
S. 3381. A bill to establish a program to accurately document
vehicles that were significant in the history of the United States, and
for other purposes; to the Committee on Energy and Natural Resources.
Mr. PETERS. Mr. President, few American innovations have changed the
modern world like the automobile. Cars and trucks are now woven into
the very fabric of American life and culture. As a Senator from the
State of Michigan, as well as a car and motorcycle enthusiast, I am
especially proud of our State's leading role in the American auto
industry.
The history of the automobile is really a history of American
workers, innovators, and entrepreneurs, and it must be preserved. Right
before me are two pictures of two really iconic vehicles, vehicles such
as the 1964 Shelby Cobra at the top and a 1967 Chevrolet Camaro. These
two cars helped spark a lifelong love of cars for millions of
Americans. Fifty years later, these vehicles still inspire today's
innovators and engineers as they work to develop cars and trucks of the
future to be smarter, safer, more reliable, and more efficient than
ever before. However, there is currently no dedicated Federal register
to document historically significant automobiles, motorcycles, trucks,
and commercial vehicles for future generations of Americans to
appreciate and to enjoy.
Today I am introducing the National Historic Vehicle Register Act,
which will establish a Federal register of historic vehicles and
document and preserve records of these vehicles for our Nation's
history. This legislation will ensure that the engineering drawings,
photos, and stories of historically important vehicles will be
available to inspire Americans and celebrate the accomplishments of the
American auto industry.
The National Historic Vehicle Register Act would build on efforts of
the Historic Vehicle Association to help document and preserve the
legacy of some of our most historic vehicles. I recently had the
opportunity to see two of the autos that have already been documented
by the Historic Vehicle Association. I saw this vehicle right here at
the bottom. This is President Taft's 1909 White Steam Car. It was the
very first Presidential limousine. It is a beautiful and fascinating
example of steam car technology from the early days of the automobile
and could reach astonishing speeds up to 60 miles an hour. In addition
to being a pleasant way to get around, President Taft's use of
automobiles helped encourage other Americans to adopt the new
technology as their favorite mode of transportation.
I also had the honor to see the Jeep up on the top photo, which is
President Reagan's 1962 Willys Jeep CJ-6. It was a Christmas gift from
his wife Nancy. Standing next to the Jeep, I could not help but have a
vivid picture of President Reagan driving it on his ranch in
California, often accompanied by his dogs Lucky, Freebo, and Victory.
The register would work to preserve these memories, with members of the
historic vehicles community selecting automobiles and motorcycles to
include in the register and establishing collaborative partnerships to
carry out the register's activities.
Our Nation's rich automotive history belongs to the American people,
and it
[[Page 13491]]
is worthy of its own dedicated register. I look forward to working with
my Senate colleagues, the historic vehicle community, and car
enthusiasts across the country to preserve our motor heritage.
______
By Mr. DURBIN (for himself and Mr. Wicker):
S. 3390. A bill to ensure that significantly more students graduate
college with the international knowledge and experience essential for
success in today's global economy through the establishment of the
Senator Paul Simon Study Abroad Program in the Department of Education;
to the Committee on Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, throughout his life, the late Senator Paul
Simon believed that for the United States to be a true world leader,
our country and its citizens needed to strengthen our international
understanding. In a 1995 floor speech, he posed the question ``Can
someone really be considered educated if, upon graduation as an
engineer or physician or teacher or journalist or accountant or
architect, he or she does not have the most minimal understanding of
the rest of the world?'' At the heart of this question was his
aspiration for our country to become more internationally aware.
Following the horrific attacks of September 11, 2001--an event that
is now 15 years in our past, Senator Simon shared his vision of a world
in which peace and security is fostered through mutual understanding
and global awareness. He believed the best way to develop this
understanding and awareness was through fulling submerse oneself in
another culture. Senator Simon saw that the opportunity for this
already existed on college campuses through study abroad programs.
Study abroad helps students make a connection with another part of the
world and begin to develop insight into the perspectives of other
nations. By exposing young adults to study abroad, today's students
will become more globally aware future leaders.
Unfortunately, as a country, we are falling short of achieving the
great vision set forth by Senator Simon. Currently, less than 2 percent
of enrolled post-secondary students in the United States study abroad.
Furthermore, the students who do study abroad are not reflective of
post-secondary enrollment in the United States. Minority students,
first generation college students, and community college students are
significantly underrepresented among those who do study abroad. These
groups of students disproportionately lose out on the remarkable
educational opportunities that come along with studying abroad--
engaging with other cultures, enhancing foreign language skills, and
expanding international knowledge through firsthand experience.
Further, the students who study abroad do so overwhelmingly in just
one part of the world. Of all students who study abroad, 40 percent
study in just four countries: the United Kingdom, Italy, Spain, and
France. An additional 13 percent study in other European countries,
meaning that over half of all U.S. students who study abroad do so in
Europe. Europe has many valuable and important educational experiences
to offer American students. But, increasing the diversity of study
abroad destinations allows students to expand their horizons and make
connections that will help them develop a global perspective and deeper
understanding of the challenges we face in the 21st Century.
In 2004, Congress took the first step towards expanding study abroad
when it authorized the Commission on Abraham Lincoln Study Abroad
Fellowship Program to provide recommendations to Congress and the
President on expanding study abroad programs.
Today, I am honored to carry on the vision laid out by Senator Simon
as Senator Wicker and I introduce the Senator Paul Simon Study Abroad
Program Act. This legislation takes an important step towards making
the vision of Senator Simon a reality based on the recommendations made
by the Abraham Lincoln Study Abroad Commission.
It establishes a competitive grant program for institutions of higher
education to encourage the sustainable expansion of study abroad
opportunities for students in the United States. Over the next 10
years, this grant program aims to increase the overall number of
undergraduate students studying abroad each year to one million
students. It will place a special emphasis on increasing opportunities
for nontraditional and minority students, so that the demographics of
students who study abroad more closely reflect the population of
current undergraduate students.
This bill will also emphasize getting students to study abroad in
nontraditional destinations particularly in developing countries. We
need to send more students to developing nations because these are the
places that America needs to better understand--countries in Africa,
Asia, Latin America, South America, and the Middle East. This
legislation takes important steps toward expanding and diversifying
participation in study abroad.
I am pleased that several organizations have endorsed this bill
including the American Public and Land-grant Universities, Association
of International Educators, Partners of the Americas, American Council
on Education, the American Association of Community Colleges, the Forum
on Education Abroad, the Hispanic Association of Colleges and
Universities, and the Association of American Universities.
In today's global society, an undergraduate education that includes a
meaningful study abroad experience is more important than ever.
Expanded participation in study abroad is necessary to prepare the next
generation of Americans with the global knowledge and skills needed for
success in an increasingly interconnected world. I thank Senator Wicker
for standing with me in this effort and I hope my colleagues will join
us.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3390
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 ``Senator Paul Simon Study
Abroad Program Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) To prepare students for success in the modern global
economy, opportunities for study abroad should be included as
part of a well-rounded education.
(2) Study abroad programs provide students with
unparalleled access to international knowledge, an unmatched
opportunity to learn foreign languages, and a unique
environment for developing cultural understanding, all of
which are knowledge and skills needed in today's global
economy.
(3) Less than 2 percent of all enrolled postsecondary
students in the United States study abroad for credit in any
given year, and minority students, first generation college
students, and community college students are significantly
underrepresented in study abroad participation.
(4) Congress authorized the establishment of the Commission
on the Abraham Lincoln Study Abroad Fellowship Program
pursuant to section 104 of the Miscellaneous Appropriations
and Offsets Act, 2004 (division H of Public Law 108-199).
Pursuant to its mandate, the Lincoln Commission submitted to
Congress and the President a report of its recommendations
for greatly expanding the opportunity for students at
institutions of higher education in the United States to
study abroad, with special emphasis on studying in developing
nations.
(5) According to the Lincoln Commission, ``[e]xperience
shows that leadership from administrators and faculty will
drive the number of study abroad participants higher and
improve the quality of programs. Such leadership is the only
way that study abroad will become an integral part of the
undergraduate experience.''. A competitive grant program is
necessary to encourage and support such leadership.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that significantly more students have access
to quality study abroad opportunities;
(2) to ensure that the diversity of students studying
abroad reflects the diversity of students and institutions of
higher education in the United States;
[[Page 13492]]
(3) to encourage greater diversity in study abroad
destinations by increasing the portion of study abroad that
takes place in nontraditional study abroad destinations,
especially in developing countries; and
(4) to encourage a greater commitment by institutions of
higher education to expand study abroad opportunities.
SEC. 4. SENATOR PAUL SIMON STUDY ABROAD PROGRAM.
Section 741 of the Higher Education Act of 1965 (20 U.S.C.
1138) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (12) and (13) as paragraphs
(13) and (14), respectively; and
(B) by inserting after paragraph (11) the following:
``(12) awarding grants under the Senator Paul Simon Study
Abroad Program described in subsection (g);''; and
(2) by adding at the end the following:
``(g) Senator Paul Simon Study Abroad Program.--
``(1) Definitions.--In this subsection:
``(A) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a).
``(B) National of the united states.--The term `national of
the United States' means a national of the United States or
an alien lawfully admitted for permanent residence (as those
terms are defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)).
``(C) Nontraditional study abroad destination.--The term
`nontraditional study abroad destination' means a location
that is determined by the Secretary to be a less common
destination for students who study abroad.
``(D) Student.--The term `student' means a national of the
United States who is enrolled at an institution of higher
education located within the United States.
``(E) Study abroad.--The term `study abroad' means an
educational program of study, work, research, internship, or
combination thereof that is conducted outside the United
States and that carries academic credit.
``(2) Senator paul simon study abroad program.--
``(A) Establishment.--There is established in the
Department a program to be called the `Senator Paul Simon
Study Abroad Program'.
``(B) Objectives.--The objectives of the program
established under subparagraph (A) are, that not later than
10 years after the date of enactment of the Senator Paul
Simon Study Abroad Program Act of 2016--
``(i) not less than 1,000,000 undergraduate students will
study abroad annually;
``(ii) the demographics of study abroad participation will
reflect the demographics of the United States undergraduate
population; and
``(iii) an increasing portion of study abroad will take
place in nontraditional study abroad destinations, with a
substantial portion of such increases in developing
countries.
``(C) Competitive grants to institutions of higher
education.--In order to accomplish the objectives set forth
in subparagraph (B), the Secretary shall award grants on a
competitive basis to institutions of higher education,
individually or in a consortium, based on applications by the
institutions that--
``(i) set forth detailed plans for using grant funds to
further such objectives;
``(ii) include an institutional commitment to expanding
access to study abroad;
``(iii) include plans for evaluating progress made in
increasing access to study abroad;
``(iv) describe how increases in study abroad participation
achieved through the grant will be sustained in subsequent
years; and
``(v) demonstrate that the programs have established health
and safety guidelines and procedures.
``(D) Nongovernmental institutions.--Consortia of
institutions of higher education applying for grants
described in subparagraph (C) may include nongovernmental
institutions that provide and promote study abroad
opportunities for students.
``(E) Commission on the abraham lincoln study abroad
fellowship program.--In administering the program, the
Secretary shall take fully into account the recommendations
of the Commission on the Abraham Lincoln Study Abroad
Fellowship Program, established pursuant to section 104 of
the Miscellaneous Appropriations and Offsets Act, 2004
(division H of Public Law 108-199).
``(F) Consultation.--In carrying out this paragraph, the
Secretary shall consult with representatives of diverse
institutions of higher education, educational policy
organizations, and others with appropriate expertise.
``(3) Annual report.--Not later than December 31 of each
year following the date of enactment of the Senator Paul
Simon Study Abroad Program Act of 2016, the Secretary shall
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives a report on the
implementation of this subsection during the prior fiscal
year.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as may be necessary for fiscal year 2017 and each
subsequent fiscal year.''.
______
By Mr. REED (for himself, Ms. Collins, Mr. Cochran, and Mrs.
Gillibrand):
S. 3391. A bill to reauthorize the Museum and Library Services Act;
to the Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, I am pleased to be joined by Senators
Collins, Cochran, and Gillibrand in introducing legislation to renew
the law that expands the reach of libraries and museums and enables
them to better serve their communities. These vital institutions
educate, inform, engage, and connect people from all walks of life.
This year marks several milestones for library and museum programs at
the Federal level. Sixty years ago, in 1956, Congress passed
legislation to establish the first Federal program of direct support to
public libraries, with the goal of expanding access. Forty years ago,
in 1976, Congress established the Institute of Museum Services to
provide assistance to museums, including for exhibits and conservation,
educational programs, and professional curatorial training. In the
following years, the programs were updated and renewed many times to
addressing evolving needs for library and museum services. Twenty years
ago, in 1996, Congress passed the Museum and Library Services Act,
establishing the Institute of Museum and Library Services, IMLS, to
house the library and museum programs together for the first time. My
predecessor, the late Senator Claiborne Pell, a great champion for
expanding educational and cultural opportunities to all communities,
was instrumental in passage of this law. The Senate Committee report
for this bill noted the ``great potential in an Institute that is
focused on the combined roles that libraries and museums play in our
community life, in support of research, learning, and entertainment,
and in support of American culture and history.''
We have seen this borne out over the last 20 years. Through a
relatively modest Federal investment, IMLS has helped build capacity to
support and expand access to library and museum services at the State
and local levels. IMLS has been the source of major Federal support for
the full range of libraries, including public, academic, research,
special, and tribal libraries--123,000 across the country--and the full
range of museums, including art, history, science and technology,
children's, historical societies, tribal, planetariums, botanic
gardens, and zoos--35,000 across the country. We have seen access to
libraries and museums increase all the while these institutions have
striven to meet the ever-evolving needs of their communities.
In Rhode Island, IMLS funding for the grants to States program under
the Library Services and Technology Act, LSTA, has supported improved
online resources; literacy initiatives, including a summer reading
program; and the provision of talking books to residents with visual
impairments and disabilities. This year, Providence Public Library was
awarded a nearly $530,000 National Leadership Grant to provide
underserved teens with learning opportunities, leading to digital
credentials, academic credit, exposure to work, and entry into
education and career pathways. IMLS has also supported and elevated the
work of Rhode Island museums. I was so pleased that the Tomaquag Museum
in Exeter was one of ten recipients nationally to be recognized with a
2016 National Medal for Museum and Library Service. The Providence
Children's Museum and the Preservation Society of Newport County also
received grants to support their work this year.
I have been proud to continue the work of Senator Pell in supporting
robust funding for libraries and museums and authoring the last two
renewals of the Museum and Library Services Act. I have seen firsthand
the impact libraries and museums have had on our communities in Rhode
Island and the residents and visitors they serve, making
[[Page 13493]]
our State stronger because of the services and experiences that these
institutions provide.
The museum and library communities have provided invaluable input in
helping us craft this bipartisan legislation. I would especially like
to thank the Rhode Island library community for hosting me at libraries
across the state and convening a roundtable discussion in June to delve
deeper into the programs libraries are providing and ways to improve
how they serve their communities.
In response to the input and insight offered by the library and
museum communities, the bill we are introducing today, the Museum and
Library Services Act of 2016, requires the use of data-driven tools to
measure the impact and maximize the effectiveness of library and museum
services and better tailor services to address and meet community
needs. The legislation provides for technical support and assistance to
help the library and museum fields with their data collection
responsibilities. It also enhances IMLS's collaborative efforts with an
expanded number of Federal agencies in order to fully leverage the
benefits libraries and museums provide to Americans.
This legislation also amends LSTA to highlight the role of libraries
as community hubs, through services and programming in such areas as
literacy, education, lifelong learning, workforce development, economic
and business development, digital literacy skills, critical thinking,
financial literacy skills, and new and emerging technology. The bill
provides greater emphasis on recruiting and training of the next
generation of library and information science professionals from
diverse and underrepresented backgrounds. Additionally, it seeks to
focus leadership grant funds on activities that serve a range of
library types and geographically diverse areas; have evaluation,
analysis, and dissemination components; and involve, impact, or have
future applicability in libraries.
In 1964, when signing an expansion of library programs into law,
President Lyndon Baines Johnson remarked, ``Libraries are not just for
the young and the curious about an exciting world. They are not just
for our youth preparing for their careers. They are not just for busy
people looking for information to do their jobs. Libraries are for
everyone and therein lies their real value.'' The changes we are
contemplating in this reauthorization bill are designed to continue
fulfilling this promise and update the law not only to account for
activities that are currently underway but also to look ahead and
provide flexibility for libraries to constantly respond to changing
demands and missions.
The Museum and Library Services Act of 2016 also builds on the 40-
year legacy of Federal support for improving and expanding access to
museum services. It addresses the critical need for professional
development and recruiting and preparing the next generation of museum
professionals, emphasizing diversity so that museums better reflect the
communities they serve. The legislation also highlights the educational
role of museums and the diverse ways that museums engage their
communities, and it encourages partnerships with other agencies,
professional networks, and community-based organizations to expand and
enhance access to museum services.
At this year's National Medal for Museum and Library Service
ceremony, First Lady Michelle Obama captured why it is so vital that we
continue to support libraries and museums on a national level: ``Day
after day, year after year, our nation's libraries and museums are here
for our communities. And at the end of the day, you all don't measure
your impact by the number of books on your shelves or pieces in your
exhibits, but by the young people you inspire, the lives you transform,
and the impact you have every single day on your communities.''
The Museum and Library Services Act of 2016 will continue our
tradition of supporting our communities through their museums and
libraries. It has the support of the American Library Association and
the American Alliance of Museums and many of their affiliated
associations. I thank my colleagues for supporting this endeavor and
look forward to more joining us as we work together to urge swift
action to adopt this important legislation.
____________________
SUBMITTED RESOLUTIONS
______
SENATE CONCURRENT RESOLUTION 51--EXPRESSING THE SENSE OF CONGRESS THAT
THOSE WHO SERVED IN THE BAYS, HARBORS, AND TERRITORIAL SEAS OF THE
REPUBLIC OF VIETNAM DURING THE PERIOD BEGINNING ON JANUARY 9, 1962, AND
ENDING ON MAY 7, 1975, SHOULD BE PRESUMED TO HAVE BEEN EXPOSED TO THE
TOXIN AGENT ORANGE AND SHOULD BE ELIGIBLE FOR ALL RELATED FEDERAL
BENEFITS THAT COME WITH SUCH PRESUMPTION UNDER THE AGENT ORANGE ACT OF
1991
Mr. GRASSLEY (for himself, Mrs. Gillibrand, and Mr. Daines) submitted
the following concurrent resolution; which was referred to the
Committee on Veterans' Affairs:
S. Con. Res. 51
Whereas section 1116(f) of title 38, United States Code,
states that ``For the purposes of establishing service
connection for a disability or death resulting from exposure
to a herbicide agent, including a presumption of service-
connection under this section, a veteran who, during active
military, naval, or air service, served in the Republic of
Vietnam during the period beginning on January 9, 1962, and
ending on May 7, 1975, shall be presumed to have been exposed
during such service to an herbicide agent containing dioxin
or 2,4 dichlorophenoxyacetic acid, and may be presumed to
have been exposed during such service to any other chemical
compound in an herbicide agent, unless there is affirmative
evidence to establish that the veteran was not exposed to any
such agent during that service.'';
Whereas the international definition and United States
recognized borders of the Republic of Vietnam includes the
bays, harbors, and territorial seas of that Republic;
Whereas multiple scientific and medical sources, including
studies done by the government of Australia, have shown
evidence of exposure to herbicide agents such as Agent Orange
by those serving in the bays, harbors, and territorial seas
of the Republic of Vietnam;
Whereas veterans who served in the Armed Forces in the
bays, harbors, and territorial seas of the Republic of
Vietnam during the period beginning on January 9, 1962, and
ending on May 7, 1975, were exposed to this toxin through
their ships' distillation processes, air and water currents,
and the use of exposed water from inland sources, such as
water from near heavily-sprayed Monkey Mountain, delivered by
exposed water barges;
Whereas such veterans experience and significantly higher
percentage of medical conditions associated with Agent Orange
exposure compared to those in the regular populace;
Whereas when passing the Agent Orange Act of 1991 (Public
Law 102-4), Congress did not differentiate between those who
served on the inland waterways and on land versus those who
served in the bays, harbors, and territorial seas of that
Republic;
Whereas the purpose behind providing presumptive coverage
for medical conditions associated with exposure to Agent
Orange is because proving such exposure decades after its
occurrence is not scientifically or medically possible; and
Whereas thousands of veterans who served in the Armed
Forces in the bays, harbors, and territorial seas of the
Republic of Vietnam during the period beginning on January 9,
1962, and ending on May 7, 1975, die at increasing rates
every year; Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That Congress--
(1) recognizes the intent of the Agent Orange Act of 1991
(Public Law 102-4) included the presumption that those
veterans who served in the Armed Forces in the bays, harbors,
and territorial seas of the Republic of Vietnam during the
period beginning on January 9, 1962, and ending on May 7,
1975, were exposed to the Agent Orange dioxin;
(2) intends for those veterans who served in the Armed
Forces during the period beginning on January 9, 1962, and
ending on May 7, 1975, in the bays, harbors, territorial
seas, inland waterways, on the ground in the Republic of
Vietnam, and other areas exposed to Agent Orange, and having
been diagnosed with connected medical conditions to be
equally recognized for such exposure through equitable
benefits and coverage; and
(3) calls on the Department of Veterans' Affairs to
acknowledge this intent of Congress, rescind the VA
Adjudication Procedure Manual M21-1, Part IV, Subpart II,
[[Page 13494]]
Chapter 1, Section H, Topic 28.h, and reissue guidance
extending presumptive coverage for exposure to agent orange
to veterans described in paragraph (1).
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 5082. Mr. McCONNELL (for Mr. Cochran) proposed an
amendment to the bill H.R. 5325, making appropriations for
the Legislative Branch for the fiscal year ending September
30, 2017, and for other purposes.
SA 5083. Mr. McCONNELL proposed an amendment to amendment
SA 5082 proposed by Mr. McConnell (for Mr. Cochran) to the
bill H.R. 5325, supra.
SA 5084. Mr. McCONNELL proposed an amendment to amendment
SA 5083 proposed by Mr. McConnell to the amendment SA 5082
proposed by Mr. McConnell (for Mr. Cochran) to the bill H.R.
5325, supra.
SA 5085. Mr. McCONNELL proposed an amendment to the bill
H.R. 5325, supra.
SA 5086. Mr. McCONNELL proposed an amendment to amendment
SA 5085 proposed by Mr. McConnell to the bill H.R. 5325,
supra.
SA 5087. Mr. McCONNELL proposed an amendment to the bill
H.R. 5325, supra.
SA 5088. Mr. McCONNELL proposed an amendment to amendment
SA 5087 proposed by Mr. McConnell to the bill H.R. 5325,
supra.
SA 5089. Mr. McCONNELL proposed an amendment to amendment
SA 5088 proposed by Mr. McConnell to the amendment SA 5087
proposed by Mr. McConnell to the bill H.R. 5325, supra.
SA 5090. Mr. COATS (for Mr. Sanders) proposed an amendment
to the bill S. 1878, to extend the pediatric priority review
voucher program.
SA 5091. Mr. COATS (for Ms. Hirono) proposed an amendment
to the bill S. 2683, to include disabled veteran leave in the
personnel management system of the Federal Aviation
Administration.
____________________
TEXT OF AMENDMENTS
SA 5082. Mr. McCONNELL (for Mr. Cochran) proposed an amendment to the
bill H.R. 5325, making appropriations for the Legislative Branch for
the fiscal year ending September 30, 2017, and for other purposes; as
follows:
Strike all after the enacting clause, and insert in lieu
thereof:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Appropriations
and Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2017, and Zika Response and
Preparedness Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
Sec. 6. Explanatory statement.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS APPROPRIATIONS ACT, 2016
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
DIVISION D--RESCISSIONS OF FUNDS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2017.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
SEC. 6. EXPLANATORY STATEMENT.
(a) The explanatory statement regarding this Act, printed
in the Senate section of the Congressional Record on or about
September 22, 2016, by the Chairman of the Committee on
Appropriations of the Senate, shall have the same effect with
respect to the allocation of funds and implementation of
divisions A through D of this Act as if it were a joint
explanatory statement of a committee of conference.
(b) Any reference to the ``joint explanatory statement
accompanying this Act'' contained in division A of this Act
shall be considered to be a reference to the explanatory
statement described in subsection (a).
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $513,459,000, to remain available until
September 30, 2021: Provided, That, of this amount, not to
exceed $98,159,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,021,580,000, to remain available until September 30, 2021:
Provided, That, of this amount, not to exceed $88,230,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,491,058,000, to
remain available until September 30, 2021: Provided, That of
this amount, not to exceed $143,582,000 shall be available
for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the
Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That none of the funds made available under this heading
shall be for construction of the Joint Intelligence Analysis
Complex Consolidation, Phase 3, at Royal Air Force Croughton,
United Kingdom, unless authorized in an Act authorizing
appropriations for fiscal year 2017 for military
construction.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,025,444,000,
to remain available until September 30, 2021: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the
amount appropriated, not to exceed $180,775,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$232,930,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$8,729,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
[[Page 13495]]
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$143,957,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$10,462,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $68,230,000, to remain
available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $7,500,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $38,597,000, to remain available until September 30,
2021: Provided, That, of the amount appropriated, not to
exceed $3,783,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $188,950,000, to remain
available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $4,500,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $177,932,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$240,237,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$157,172,000, to remain available until September 30, 2021.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $325,995,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $94,011,000, to remain available until September 30,
2021.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $300,915,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$61,352,000, to remain available until September 30, 2021.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $274,429,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $59,157,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $3,258,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section
[[Page 13496]]
shall not be applicable to contract awards for which the
lowest responsive and responsible bid of a United States
contractor exceeds the lowest responsive and responsible bid
of a foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller)
is to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 125. For an additional amount for the accounts and in
the amounts specified, to remain available until September
30, 2021:
``Military Construction, Army'', $40,500,000;
``Military Construction, Navy and Marine Corps'',
$227,099,000;
``Military Construction, Air Force'', $149,500,000;
``Military Construction, Army National Guard'',
$67,500,000;
``Military Construction, Air National Guard'', $11,000,000;
``Military Construction, Army Reserve'', $30,000,000:
Provided, That such funds may only be obligated to carry
out construction projects identified in the respective
military department's unfunded priority list for fiscal year
2017 submitted to Congress by the Secretary of Defense:
Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to
carry out construction: Provided further, That not later
than 30 days after enactment of this Act, the Secretary of
the military department concerned, or his or her designee,
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this section.
Sec. 126. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $89,400,000, to remain
available until September 30, 2021: Provided, That, such
funds may only be obligated to carry out construction
projects identified by the Department of the Navy in its June
8, 2016, unfunded priority list submission to the Committees
on Appropriations of both Houses of Congress detailing
unfunded reprogramming and emergency construction
requirements: Provided further, That, not later than 30 days
after enactment of this Act, the Secretary of the Navy, or
his or her designee, shall submit to the Committees an
expenditure plan for funds provided under this section.
(rescissions of funds)
Sec. 127. Of the unobligated balances available to the
Department of Defense from prior appropriation Acts, the
following funds are hereby rescinded from the following
accounts in the amounts specified:
``Military Construction, Army'', $29,602,000;
``Military Construction, Air Force'', $51,460,000;
``Military Construction, Defense-Wide'', $171,600,000, of
which $30,000,000 are to be derived from amounts made
available for Missile Defense Agency planning and design; and
``North Atlantic Treaty Organization Security Investment
Program'', $30,000,000:
Provided, That no amounts may be rescinded from amounts
that were designated by the
[[Page 13497]]
Congress for Overseas Contingency Operations/Global War on
Terrorism or as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
(rescission of funds)
Sec. 128. Of the unobligated balances made available in
prior appropriation Acts for the fund established in section
1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) (other than
appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or
as an emergency requirement), $25,000,000 are hereby
rescinded.
Sec. 129. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 130. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 131. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any
element of a United States Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer (RED
HORSE) outside of the United States until the Secretary of
the Air Force (1) completes an analysis and comparison of the
cost and infrastructure investment required to consolidate or
relocate a RED HORSE squadron outside of the United States
versus within the United States; (2) provides to the
Committees on Appropriations of both Houses of Congress
(``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees
that the preferred site for the consolidation or relocation
yields the greatest savings for the Air Force: Provided,
That the term ``United States'' in this section does not
include any territory or possession of the United States.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $90,119,449,000, to remain available until expended and
to become available on October 1, 2017: Provided, That not to
exceed $17,224,000 of the amount made available for fiscal
year 2018 under this heading shall be reimbursed to ``General
Operating Expenses, Veterans Benefits Administration'', and
``Information Technology Systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $13,708,648,000, to remain available
until expended and to become available on October 1, 2017:
Provided, That expenses for rehabilitation program services
and assistance which the Secretary is authorized to provide
under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and
(11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $124,504,000, to remain available until expended, of
which $107,899,000 shall become available on October 1, 2017.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That, during fiscal year 2017, within the resources
available, not to exceed $500,000 in gross obligations for
direct loans are authorized for specially adapted housing
loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $198,856,000.
vocational rehabilitation loans program account
For the cost of direct loans, $36,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,517,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $389,000, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,856,160,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed 5 percent shall
remain available until September 30, 2018.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital
care and medical services authorized by section 1787 of title
38, United States Code; $1,078,993,000, which shall be in
addition to funds previously appropriated under this heading
that become available on October 1, 2016; and, in addition,
$44,886,554,000, plus reimbursements, shall become available
on October 1, 2017, and shall remain available until
September 30, 2018: Provided, That, of the amount made
available on October 1, 2017, under this heading,
$1,400,000,000 shall remain available until September 30,
2019: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient
amounts appropriated under this heading for medical supplies
and equipment are available for the acquisition of
prosthetics designed specifically for female veterans:
[[Page 13498]]
Provided further, That the Secretary of Veterans Affairs
shall provide access to therapeutic listening devices to
veterans struggling with mental health related problems,
substance abuse, or traumatic brain injury.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $7,246,181,000, plus
reimbursements, of which $2,000,000,000 shall remain
available until September 30, 2020; and, in addition,
$9,409,118,000 shall become available on October 1, 2017, and
shall remain available until September 30, 2018: Provided,
That of the amount made available on October 1, 2017,
$1,500,000,000 shall remain available until September 30,
2021.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $6,654,480,000, plus reimbursements,
shall become available on October 1, 2017, and shall remain
available until September 30, 2018: Provided, That, of the
amount made available on October 1, 2017, under this heading,
$100,000,000 shall remain available until September 30, 2019.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services; $247,668,000, which
shall be in addition to funds previously appropriated under
this heading that become available on October 1, 2016; and,
in addition, $5,434,880,000, plus reimbursements, shall
become available on October 1, 2017, and shall remain
available until September 30, 2018: Provided, That, of the
amount made available on October 1, 2017, under this heading,
$250,000,000 shall remain available until September 30, 2019.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $675,366,000,
plus reimbursements, shall remain available until September
30, 2018: Provided, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading are available for prosthetic research specifically
for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $286,193,000, of which not
to exceed 10 percent shall remain available until September
30, 2018.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $345,391,000, of
which not to exceed 5 percent shall remain available until
September 30, 2018: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $156,096,000, of which not to exceed 10 percent
shall remain available until September 30, 2018.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $4,278,259,000, plus reimbursements: Provided,
That $1,272,548,000 shall be for pay and associated costs, of
which not to exceed $37,100,000 shall remain available until
September 30, 2018: Provided further, That $2,534,442,000
shall be for operations and maintenance, of which not to
exceed $180,200,000 shall remain available until September
30, 2018: Provided further, That $471,269,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2018: Provided further, That amounts made available for
information technology systems development, modernization,
and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project:
Provided further, That amounts made available for salaries
and expenses, operations and maintenance, and information
technology systems development, modernization, and
enhancement may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development,
modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further,
That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further,
That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to
define data standards, code sets, and value sets used to
enable interoperability: Provided further, That of the funds
made available for information technology systems
development, modernization, and enhancement for VistA
Evolution or any successor program, not more than 25 percent
may be obligated or expended until the Secretary of Veterans
Affairs:
(1) submits to the Committees on Appropriations of both
Houses of Congress the VistA Evolution Business Case and
supporting documents regarding continuation of VistA
Evolution or alternatives to VistA Evolution, including an
analysis of necessary or desired capabilities, technical and
security requirements, the plan for modernizing the platform
framework, and all associated costs;
(2) submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, the
following: a report that describes a strategic plan for VistA
Evolution, or any successor program, and the associated
implementation plan including metrics and timelines; a master
schedule and lifecycle cost estimate for VistA Evolution or
any successor; and an implementation plan for the transition
from the Project Management Accountability System to a new
project delivery framework, the Veteran-focused Integration
Process, that includes the methodology by which projects will
be tracked, progress measured, and deliverables evaluated;
(3) submits to the Committees on Appropriations of both
Houses of Congress a report outlining the strategic plan to
reach interoperability with private sector healthcare
providers, the timeline for reaching ``meaningful use'' as
defined by the Office of National Coordinator for Health
Information Technology for each data domain covered under the
VistA Evolution program, and the extent to which the
Department of Veterans Affairs leverages the State Health
Information Exchanges to share health data with private
sector providers;
(4) submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, the
following: a report that describes the extent to which VistA
Evolution, or any successor program, maximizes the use of
commercially available software used by DoD and the private
sector, requires an open architecture that leverages best
practices and rapidly adapts to technologies produced by the
private sector, enhances full interoperability between the VA
and DoD and between VA and the private sector, and ensures
the security of personally identifiable information of
veterans and beneficiaries; and
(5) certifies in writing to the Committees on
Appropriations of both Houses of Congress that the Department
of Veterans Affairs has met the requirements contained in the
National Defense Authorization Act of Fiscal Year 2014
(Public Law 113-66) which require that electronic health
record systems of the Department of Defense and the
Department of Veterans Affairs have reached
[[Page 13499]]
interoperability, comply with national standards and
architectural requirements identified by the DoD/VA
Interagency Program Office in collaboration with the Office
of National Coordinator for Health Information Technology:
Provided further, That the funds made available under this
heading for information technology systems development,
modernization, and enhancement, shall be for the projects,
and in the amounts, specified under this heading in the joint
explanatory statement accompanying this Act.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $160,106,000, of which not to exceed 10 percent shall
remain available until September 30, 2018.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$528,110,000, of which $478,110,000 shall remain available
until September 30, 2021, and of which $50,000,000 shall
remain available until expended: Provided, That except for
advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, including
portfolio development and management activities, and
investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those
capital investments funded through this account and
contracting officers who manage specific major construction
projects, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration
through the land acquisition line item, none of the funds
made available under this heading shall be used for any
project that has not been notified to Congress through the
budgetary process or that has not been approved by the
Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to
the President at the time of enrollment: Provided further,
That funds made available under this heading for fiscal year
2017, for each approved project shall be obligated: (1) by
the awarding of a construction documents contract by
September 30, 2017; and (2) by the awarding of a construction
contract by September 30, 2018: Provided further, That the
Secretary of Veterans Affairs shall promptly submit to the
Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for
which obligations are not incurred within the time
limitations established above: Provided further, That, of
the amount made available under this heading, $222,620,000
for Veterans Health Administration major construction
projects shall not be available until the Department of
Veterans Affairs--
(1) enters into an agreement with an appropriate non-
Department of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total
Estimated Cost of $100,000,000 or above by providing full
project management services, including management of the
project design, acquisition, construction, and contract
changes, consistent with section 502 of Public Law 114-58;
and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both
Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $372,069,000, to remain available until September 30,
2021, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $90,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2017 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2017, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support
and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the
[[Page 13500]]
corresponding prior year accounts within the last quarter of
fiscal year 2016.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2017, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program
during fiscal year 2017 that are available for dividends in
that program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2017 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which
the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to
exceed $47,668,000 for the Office of Resolution Management
and $3,932,000 for the Office of Employment Discrimination
Complaint Adjudication: Provided, That payments may be made
in advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be
credited to the ``General Administration'' and ``Information
Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical Services''
are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations
which are party to the Alaska Native Health Compact with the
Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term
``rural Alaska'' shall mean those lands which are not within
the boundaries of the municipality of Anchorage or the
Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
(rescission of funds)
Sec. 217. Of the amounts appropriated in title II of
division J of Public Law 114-113 under the heading ``Medical
Services'' which become available on October 1, 2016,
$7,246,181,000 are hereby rescinded.
Sec. 218. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint
explanatory statement accompanying this Act.
(including transfer of funds)
Sec. 219. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``General
Administration'', and ``National Cemetery Administration''
accounts for fiscal year 2017 may be transferred to or from
the ``Information Technology Systems'' account: Provided,
That such transfers may not result in a more than 10 percent
aggregate increase in the total amount made available by this
Act for the ``Information Technology Systems'' account:
Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 220. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or (2) section
8110(a)(5) of title 38, United States Code.
(including transfer of funds)
Sec. 221. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to
$274,731,000, plus reimbursements, may be transferred to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided,
That additional funds may be transferred from accounts
designated in this section to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress: Provided further, That section 223
of title II of division J of Public Law 114-113 is repealed.
(including transfer of funds)
Sec. 222. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2017,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $280,802,000, plus reimbursements, may be
transferred to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities
as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009
[[Page 13501]]
(Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated
in this section to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 223. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 224. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a
minimum of $15,000,000 shall be transferred to the DOD-VA
Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 225. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 226. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That
the Secretary shall notify the Committees on Appropriations
of both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 227. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 228. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying this Act.
Sec. 229. Of the funds provided to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical Support
and Compliance'' a maximum of $40,000,000 may be obligated
from the ``Medical Support and Compliance'' account for the
VistA Evolution and electronic health record interoperability
projects: Provided, That funds in addition to these amounts
may be obligated for the VistA Evolution and electronic
health record interoperability projects upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
Sec. 230. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 231. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $2,000,000.
(including transfer of funds)
Sec. 232. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2017 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2017, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 233. Amounts made available for the Department of
Veterans Affairs for fiscal year 2017, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
Sec. 234. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $5,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
(rescission of funds)
Sec. 235. Of the unobligated balances available within the
``DOD-VA Health Care Sharing Incentive Fund'', $40,000,000
are hereby rescinded.
(rescissions of funds)
Sec. 236. Of the discretionary funds made available in
Public Law 114-113 for the Department of Veterans Affairs for
fiscal year 2017, $134,000,000 are rescinded from ``Medical
Services'', $26,000,000 are rescinded from ``Medical Support
and Compliance'', and $9,000,000 are rescinded from ``Medical
Facilities''.
Sec. 237. The amounts otherwise made available by this Act
for the following accounts of the Department of Veterans
Affairs are hereby reduced by the following amounts:
(1) ``Veterans Health Administration--Medical and
Prosthetic Research'', $2,000,000.
(2) ``Departmental Administration--Board of Veterans
Appeals'', $500,000.
(3) ``Veterans Benefits Administration--General Operating
Expenses, Veterans Benefits Administration'', $12,000,000.
(4) ``Departmental Administration--Information Technology
Systems'', $8,000,000.
(5) ``Departmental Administration--Office of Inspector
General'', $500,000.
Sec. 238. The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of
title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
Sec. 239. (a) The Secretary of Veterans Affairs shall treat
a marriage and family therapist described in subsection (b)
as qualified to serve as a marriage and family therapist in
the Department of Veterans Affairs, regardless of any
requirements established by the Commission on Accreditation
for Marriage and Family Therapy Education.
(b) A marriage and family therapist described in this
subsection is a therapist who meets each of the following
criteria:
(1) Has a masters or higher degree in marriage and family
therapy, or a related field, from a regionally accredited
institution.
(2) Is licensed as a marriage and family therapist in a
State (as defined in section 101(20) of title 38, United
States Code) and possesses the highest level of licensure
offered from the State.
(3) Has passed the Association of Marital and Family
Therapy Regulatory Board Examination in Marital and Family
Therapy or a related examination for licensure administered
by a State (as so defined).
Sec. 240. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA)
hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services
at existing Veterans Health Administration medical facilities
located in Veterans
[[Page 13502]]
Integrated Service Network 23 as part of a planned
realignment of VA services until the Secretary provides to
the Committees on Appropriations of both Houses of Congress a
report including the following elements:
(1) a national realignment strategy that includes a
detailed description of realignment plans within each
Veterans Integrated Service Network (VISN), including an
updated Long Range Capital Plan to implement realignment
requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost vs. benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other
outsourced services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings'
condition and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation
Act; and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in
VISN 23, or any other VISN, which have been authorized or
approved by Congress.
Sec. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund
to any other account within the Department of Veterans
Affairs.
Sec. 242. Paragraph (3) of section 403(a) of the Veterans'
Mental Health and Other Care Improvements Act of 2008 (Public
Law 110-387; 38 U.S.C. 1703 note) is amended to read as
follows:
``(3) Duration.--A veteran may receive health services
under this section during the period beginning on the date
specified in paragraph (2) and ending on September 30,
2017.''.
Sec. 243. (a) Section 1722A(a) of title 38, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Paragraph (1) does not apply to opioid antagonists
furnished under this chapter to a veteran who is at high risk
for overdose of a specific medication or substance in order
to reverse the effect of such an overdose.''.
(b) Section 1710(g)(3) of such title is amended--
(1) by striking ``with respect to home health services''
and inserting ``with respect to the following:''
``(A) Home health services''; and
(2) by adding at the end the following new subparagraph:
``(B) Education on the use of opioid antagonists to reverse
the effects of overdoses of specific medications or
substances.''.
Sec. 244. Section 312 of title 38, United States Code, is
amended in subsection (c)(1) by striking the phrase ``that
makes a recommendation or otherwise suggests corrective
action,''.
Sec. 245. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2017 and fiscal year
2018 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 246. Section 5701(l) of title 38, United States Code,
is amended by striking ``may'' and inserting ``shall''.
VA Patient Protection Act of 2016
Sec. 247. (a) Procedure and Administration.--
(1) In General.--Chapter 7 of title 38, United States Code,
is amended by adding at the end the following new subchapter:
``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS
``Sec. 731. Whistleblower complaint defined
``In this subchapter, the term `whistleblower complaint'
means a complaint by an employee of the Department
disclosing, or assisting another employee to disclose, a
potential violation of any law, rule, or regulation, or gross
mismanagement, gross waste of funds, abuse of authority, or
substantial and specific danger to public health and safety.
``Sec. 732. Treatment of whistleblower complaints
``(a) Filing.--(1) In addition to any other method
established by law in which an employee may file a
whistleblower complaint, an employee of the Department may
file a whistleblower complaint in accordance with subsection
(g) with a supervisor of the employee.
``(2) Except as provided by subsection (d)(1), in making a
whistleblower complaint under paragraph (1), an employee
shall file the initial complaint with the immediate
supervisor of the employee.
``(b) Notification.--(1)(A) Not later than four business
days after the date on which a supervisor receives a
whistleblower complaint by an employee under this section,
the supervisor shall notify, in writing, the employee of
whether the supervisor determines that there is a reasonable
likelihood that the complaint discloses a violation of any
law, rule, or regulation, or gross mismanagement, gross waste
of funds, abuse of authority, or substantial and specific
danger to public health and safety.
``(B) The supervisor shall retain written documentation
regarding the whistleblower complaint and shall submit to the
next-level supervisor and the central whistleblower office
described in subsection (h) a written report on the
complaint.
``(2)(A) On a monthly basis, the supervisor shall submit to
the appropriate director or other official who is superior to
the supervisor a written report that includes the number of
whistleblower complaints received by the supervisor under
this section during the month covered by the report, the
disposition of such complaints, and any actions taken because
of such complaints pursuant to subsection (c).
``(B) In the case in which such a director or official
carries out this paragraph, the director or official shall
submit such monthly report to the supervisor of the director
or official and to the central whistleblower office described
in subsection (h).
``(c) Positive Determination.--If a supervisor makes a
positive determination under subsection (b)(1) regarding a
whistleblower complaint of an employee, the supervisor shall
include in the notification to the employee under such
subsection the specific actions that the supervisor will take
to address the complaint.
``(d) Filing Complaint With Next-Level Supervisors.--(1) If
any circumstance described in paragraph (3) is met, an
employee may file a whistleblower complaint in accordance
with subsection (g) with the next-level supervisor who shall
treat such complaint in accordance with this section.
``(2) An employee may file a whistleblower complaint with
the Secretary if the employee has filed the whistleblower
complaint to each level of supervisors between the employee
and the Secretary in accordance with paragraph (1).
``(3) A circumstance described in this paragraph is any of
the following circumstances:
``(A) A supervisor does not make a timely determination
under subsection (b)(1) regarding a whistleblower complaint.
``(B) The employee who made a whistleblower complaint
determines that the supervisor did not adequately address the
complaint pursuant to subsection (c).
``(C) The immediate supervisor of the employee is the basis
of the whistleblower complaint.
``(e) Transfer of Employee Who Files Whistleblower
Complaint.--If a supervisor makes a positive determination
under subsection (b)(1) regarding a whistleblower complaint
filed by an employee, the Secretary shall--
``(1) inform the employee of the ability to volunteer for a
transfer in accordance with section 3352 of title 5; and
``(2) give preference to the employee for such a transfer
in accordance with such section.
``(f) Prohibition on Exemption.--The Secretary may not
exempt any employee of the Department from being covered by
this section.
``(g) Whistleblower Complaint Form.--(1) A whistleblower
complaint filed by an employee under subsection (a) or (d)
shall consist of the form described in paragraph (2) and any
supporting materials or documentation the employee determines
necessary.
``(2) The form described in this paragraph is a form
developed by the Secretary, in consultation with the Special
Counsel, that includes the following:
``(A) An explanation of the purpose of the whistleblower
complaint form.
``(B) Instructions for filing a whistleblower complaint as
described in this section.
``(C) An explanation that filing a whistleblower complaint
under this section does not preclude the employee from any
other method established by law in which an employee may file
a whistleblower complaint.
``(D) A statement directing the employee to information
accessible on the Internet website of the Department as
described in section 735(d).
``(E) Fields for the employee to provide--
``(i) the date that the form is submitted;
``(ii) the name of the employee;
``(iii) the contact information of the employee;
``(iv) a summary of the whistleblower complaint (including
the option to append supporting documents pursuant to
paragraph (1)); and
``(v) proposed solutions to the complaint.
``(F) Any other information or fields that the Secretary
determines appropriate.
``(3) The Secretary, in consultation with the Special
Counsel, shall develop the form described in paragraph (2) by
not later than 60 days after the date of the enactment of
this section.
``(h) Central Whistleblower Office.--(1) The Secretary
shall ensure that the central whistleblower office--
``(A) is not an element of the Office of the General
Counsel;
[[Page 13503]]
``(B) is not headed by an official who reports to the
General Counsel;
``(C) does not provide, or receive from, the General
Counsel any information regarding a whistleblower complaint
except pursuant to an action regarding the complaint before
an administrative body or court; and
``(D) does not provide advice to the General Counsel.
``(2) The central whistleblower office shall be responsible
for investigating all whistleblower complaints of the
Department, regardless of whether such complaints are made by
or against an employee who is not a member of the Senior
Executive Service.
``(3) The Secretary shall ensure that the central
whistleblower office maintains a toll-free hotline to
anonymously receive whistleblower complaints.
``(4) The Secretary shall ensure that the central
whistleblower office has such staff and resources as the
Secretary considers necessary to carry out the functions of
the central whistleblower office.
``(5) In this subsection, the term `central whistleblower
office' means the Office of Accountability Review or a
successor office that is established or designated by the
Secretary to investigate whistleblower complaints filed under
this section or any other method established by law.
``Sec. 733. Adverse actions against supervisory employees who
commit prohibited personnel actions relating to
whistleblower complaints
``(a) In General.--(1) In accordance with paragraph (2),
the Secretary shall carry out the following adverse actions
against supervisory employees (as defined in section 7103(a)
of title 5) whom the Secretary, an administrative judge, the
Merit Systems Protection Board, the Office of Special
Counsel, an adjudicating body provided under a union
contract, a Federal judge, or the Inspector General of the
Department determines committed a prohibited personnel action
described in subsection (c):
``(A) With respect to the first offense, an adverse action
that is not less than a 12-day suspension and not more than
removal.
``(B) With respect to the second offense, removal.
``(2)(A) An employee against whom an adverse action under
paragraph (1) is proposed is entitled to written notice.
``(B)(i) An employee who is notified under subparagraph (A)
of being the subject of a proposed adverse action under
paragraph (1) is entitled to 14 days following such
notification to answer and furnish evidence in support of the
answer.
``(ii) If the employee does not furnish any such evidence
as described in clause (i) or if the Secretary determines
that such evidence is not sufficient to reverse the
determination to propose the adverse action, the Secretary
shall carry out the adverse action following such 14-day
period.
``(C) Paragraphs (1) and (2) of subsection (b) of section
7513 of title 5, subsection (c) of such section, paragraphs
(1) and (2) of subsection (b) of section 7543 of such title,
and subsection (c) of such section shall not apply with
respect to an adverse action carried out under paragraph (1).
``(b) Limitation on Other Adverse Actions.--With respect to
a prohibited personnel action described in subsection (c), if
the Secretary carries out an adverse action against a
supervisory employee, the Secretary may carry out an
additional adverse action under this section based on the
same prohibited personnel action if the total severity of the
adverse actions do not exceed the level specified in
subsection (a).
``(c) Prohibited Personnel Action Described.--A prohibited
personnel action described in this subsection is any of the
following actions:
``(1) Taking or failing to take a personnel action in
violation of section 2302 of title 5 against an employee
relating to the employee--
``(A) filing a whistleblower complaint in accordance with
section 732 of this title;
``(B) filing a whistleblower complaint with the Inspector
General of the Department, the Special Counsel, or Congress;
``(C) providing information or participating as a witness
in an investigation of a whistleblower complaint in
accordance with section 732 or with the Inspector General of
the Department, the Special Counsel, or Congress;
``(D) participating in an audit or investigation by the
Comptroller General of the United States;
``(E) refusing to perform an action that is unlawful or
prohibited by the Department; or
``(F) engaging in communications that are related to the
duties of the position or are otherwise protected.
``(2) Preventing or restricting an employee from making an
action described in any of subparagraphs (A) through (F) of
paragraph (1).
``(3) Conducting a negative peer review or opening a
retaliatory investigation because of an activity of an
employee that is protected by section 2302 of title 5.
``(4) Requesting a contractor to carry out an action that
is prohibited by section 4705(b) or section 4712(a)(1) of
title 41, as the case may be.
``Sec. 734. Evaluation criteria of supervisors and treatment
of bonuses
``(a) Evaluation Criteria.--(1) In evaluating the
performance of supervisors of the Department, the Secretary
shall include the criteria described in paragraph (2).
``(2) The criteria described in this subsection are the
following:
``(A) Whether the supervisor treats whistleblower
complaints in accordance with section 732 of this title.
``(B) Whether the appropriate deciding official,
performance review board, or performance review committee
determines that the supervisor was found to have committed a
prohibited personnel action described in section 733(b) of
this title by an administrative judge, the Merit Systems
Protection Board, the Office of Special Counsel, an
adjudicating body provided under a union contract, a Federal
judge, or, in the case of a settlement of a whistleblower
complaint (regardless of whether any fault was assigned under
such settlement), the Secretary.
``(b) Bonuses.--(1) The Secretary may not pay to a
supervisor described in subsection (a)(2)(B) an award or
bonus under this title or title 5, including under chapter 45
or 53 of such title, during the one-year period beginning on
the date on which the determination was made under such
subsection.
``(2) Notwithstanding any other provision of law, the
Secretary shall issue an order directing a supervisor
described in subsection (a)(2)(B) to repay the amount of any
award or bonus paid under this title or title 5, including
under chapter 45 or 53 of such title, if--
``(A) such award or bonus was paid for performance during a
period in which the supervisor committed a prohibited
personnel action as determined pursuant to such subsection
(a)(2)(B);
``(B) the Secretary determines such repayment appropriate
pursuant to regulations prescribed by the Secretary to carry
out this section; and
``(C) the supervisor is afforded notice and an opportunity
for a hearing before making such repayment.
``Sec. 735. Training regarding whistleblower complaints
``(a) Training.--Not less frequently than once each year,
the Secretary, in coordination with the Whistleblower
Protection Ombudsman designated under section 3(d)(1)(C) of
the Inspector General Act of 1978 (5 U.S.C. App.), shall
provide to each employee of the Department training regarding
whistleblower complaints, including--
``(1) an explanation of each method established by law in
which an employee may file a whistleblower complaint;
``(2) an explanation of prohibited personnel actions
described by section 733(c) of this title;
``(3) with respect to supervisors, how to treat
whistleblower complaints in accordance with section 732 of
this title;
``(4) the right of the employee to petition Congress
regarding a whistleblower complaint in accordance with
section 7211 of title 5;
``(5) an explanation that the employee may not be
prosecuted or reprised against for disclosing information to
Congress, the Inspector General, or another investigatory
agency in instances where such disclosure is permitted by
law, including under sections 5701, 5705, and 7732 of this
title, under section 552a of title 5 (commonly referred to as
the Privacy Act), under chapter 93 of title 18, and pursuant
to regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191);
``(6) an explanation of the language that is required to be
included in all nondisclosure policies, forms, and agreements
pursuant to section 115(a)(1) of the Whistleblower Protection
Enhancement Act of 2012 (5 U.S.C. 2302 note); and
``(7) the right of contractors to be protected from
reprisal for the disclosure of certain information under
section 4705 or 4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall
ensure that training provided under subsection (a) is
provided in person.
``(c) Certification.--Not less frequently than once each
year, the Secretary shall provide training on merit system
protection in a manner that the Special Counsel certifies as
being satisfactory.
``(d) Publication.--(1) The Secretary shall publish on the
Internet website of the Department, and display prominently
at each facility of the Department, the rights of an employee
to file a whistleblower complaint, including the information
described in paragraphs (1) through (7) of subsection (a).
``(2) The Secretary shall publish on the Internet website
of the Department, the whistleblower complaint form described
in section 732(g)(2).
``Sec. 736. Reports to Congress
``(a) Annual Reports.--Not less frequently than once each
year, the Secretary shall submit to the appropriate
committees of Congress a report that includes--
``(1) with respect to whistleblower complaints filed under
section 732 of this title during the year covered by the
report--
``(A) the number of such complaints filed;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints in which a positive
[[Page 13504]]
determination was made by a supervisor under subsection
(b)(1) of such section;
``(2) the number of whistleblower complaints filed during
the year covered by the report that are not included under
paragraph (1), including--
``(A) the method in which such complaints were filed;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints; and
``(3) with respect to disclosures made by a contractor
under section 4705 or 4712 of title 41--
``(A) the number of complaints relating to such disclosures
that were investigated by the Inspector General of the
Department of Veterans Affairs during the year covered by the
report;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints.
``(b) Notice of Office of Special Counsel Determinations.--
Not later than 30 days after the date on which the Secretary
receives from the Special Counsel information relating to a
whistleblower complaint pursuant to section 1213 of title 5,
the Secretary shall notify the appropriate committees of
Congress of such information, including the determination
made by the Special Counsel.
``(c) Appropriate Committees of Congress.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Veterans' Affairs and the Committee
on Homeland Security and Governmental Affairs of the Senate;
and
``(2) the Committee on Veterans' Affairs and the Committee
on Oversight and Government Reform of the House of
Representatives.''.
(2) Conforming and Clerical Amendments.--
(A) Conforming amendment.--Such chapter is further amended
by inserting before section 701 the following:
``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''.
(B) Clerical amendments.--The table of sections at the
beginning of such chapter is amended--
(i) by inserting before the item relating to section 701
the following new item:
``subchapter i--general employee matters'';
and
(ii) by adding at the end the following new items:
``subchapter ii--whistleblower complaints
``731. Whistleblower complaint defined.
``732. Treatment of whistleblower complaints.
``733. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to whistleblower
complaints.
``734. Evaluation criteria of supervisors and treatment of bonuses.
``735. Training regarding whistleblower complaints.
``736. Reports to Congress.''.
(b) Treatment of Congressional Testimony by Department of
Veterans Affairs Employees as Official Duty.--
(1) In general.--Subchapter I of chapter 7 of title 38,
United States Code, as designated by section 2(a)(2)(A), is
amended by adding at the end the following new section:
``Sec. 715. Congressional testimony by employees: treatment
as official duty
``(a) Congressional Testimony.--An employee of the
Department is performing official duty during the period with
respect to which the employee is testifying in an official
capacity in front of either chamber of Congress, a committee
of either chamber of Congress, or a joint or select committee
of Congress.
``(b) Travel Expenses.--The Secretary shall provide travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, to any employee of the Department of
Veterans Affairs performing official duty described under
subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 2(a)(2)(B),
is further amended by inserting after the item relating to
section 713 the following new item:
``715. Congressional testimony by employees: treatment as official
duty.''.
Sec. 248. (a) In General.--For the purposes of verifying
that an individual performed service under honorable
conditions that satisfies the requirements of a coastwise
merchant seaman who is recognized pursuant to section 401 of
the GI Bill Improvement Act of 1977 (Public Law 95-202; 38
U.S.C. 106 note) as having performed active duty service for
the purposes described in subsection (c)(1), the Secretary of
Defense shall accept the following:
(1) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom no
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record is available, the Secretary of
Defense shall provide such recognition on the basis of
applicable Social Security Administration records submitted
for or by the individual, together with validated testimony
given by the individual or the primary next of kin of the
individual that the individual performed such service during
the period beginning on December 7, 1941, and ending on
December 31, 1946.
(2) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom the
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record has been destroyed or otherwise
become unavailable by reason of any action committed by a
person responsible for the control and maintenance of such
form, logbook, or record, the Secretary of Defense shall
accept other official documentation demonstrating that the
individual performed such service during period beginning on
December 7, 1941, and ending on December 31, 1946.
(3) For the purpose of determining whether to recognize
service allegedly performed during the period beginning on
December 7, 1941, and ending on December 31, 1946, the
Secretary shall recognize masters of seagoing vessels or
other officers in command of similarly organized groups as
agents of the United States who were authorized to document
any individual for purposes of hiring the individual to
perform service in the merchant marine or discharging an
individual from such service.
(b) Treatment of Other Documentation.--Other documentation
accepted by the Secretary of Defense pursuant to subsection
(a)(2) shall satisfy all requirements for eligibility of
service during the period beginning on December 7, 1941, and
ending on December 31, 1946.
(c) Benefits Allowed.--
(1) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to subsection
(a) may be awarded an appropriate medal, ribbon, or other
military decoration based on such service.
(2) Status of veteran.--An individual whose service is
recognized as active duty pursuant to subsection (a) shall be
honored as a veteran but shall not be entitled by reason of
such recognized service to any benefit that is not described
in this subsection.
Sec. 249. Section 322(d)(1) of title 38, United States
Code, is amended--
(1) by striking ``allowance to a veteran'' and inserting
the following: ``allowance to--
``(A) a veteran'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(B) a veteran with a VA service-connected disability
rated as 30 percent or greater by the Department of Veterans
Affairs who is selected by the United States Olympic
Committee for the United States Olympic Team for any month in
which the veteran is competing in any event sanctioned by the
National Governing Bodies of the United States Olympic
Sports.''.
Sec. 250. (a) In General.--Section 111(b)(1) of title 38,
United States Code, is amended by adding at the end the
following new subparagraph:
``(G) A veteran with vision impairment, a veteran with a
spinal cord injury or disorder, or a veteran with double or
multiple amputations whose travel is in connection with care
provided through a special disabilities rehabilitation
program of the Department (including programs provided by
spinal cord injury centers, blind rehabilitation centers, and
prosthetics rehabilitation centers) if such care is
provided--
``(i) on an in-patient basis; or
``(ii) during a period in which the Secretary provides the
veteran with temporary lodging at a facility of the
Department to make such care more accessible to the
veteran.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the beneficiary travel program
under section 111 of title 38, United States Code, as amended
by subsection (a), that includes the following:
(1) The cost of the program.
(2) The number of veterans served by the program.
(3) Such other matters as the Secretary considers
appropriate.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first fiscal year
that begins after the date of the enactment of this Act.
Sec. 251. (a) In General.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a program to conduct inspections of
kitchens and food service areas at each medical facility of
the Department of Veterans Affairs. Such inspections shall
occur not less frequently than annually. The program's goal
is to ensure that the same standards for kitchens and food
service areas at
[[Page 13505]]
hospitals in the private sector are being met at kitchens and
food service areas at medical facilities of the Department.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter into an
agreement with the Joint Commission on Accreditation of
Hospital Organizations under which the Joint Commission on
Accreditation of Hospital Organizations conducts the
inspections required under subsection (a).
(2) Alternate organization.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with the
Joint Commission on Accreditation of Hospital Organizations
on terms acceptable to the Secretary, the Secretary shall
seek to enter into such an agreement with another appropriate
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the
Joint Commission on Accreditation of Hospital Organizations.
(c) Remediation Plan.--
(1) Initial failure.--If a kitchen or food service area of
a medical facility of the Department is determined pursuant
to an inspection conducted under subsection (a) not to meet
the standards for kitchens and food service areas in
hospitals in the private sector, that medical facility fails
the inspection and the Secretary shall--
(A) implement a remediation plan for that medical facility
within 72 hours; and
(B) Conduct a second inspection under subsection (a) at
that medical facility within 14 days of the failed
inspection.
(2) Second failure.--If a medical facility of the
Department fails the second inspection conducted under
paragraph (1)(B), the Secretary shall close the kitchen or
food service area at that medical facility that did not meet
the standards for kitchens and food service areas in
hospitals in the private sector until full remediation is
completed and all kitchens and food service areas at that
medical facility meet such standards.
(3) Provision of food.--If a kitchen or food service area
is closed at a medical facility of the Department pursuant to
paragraph (2), the Director of the Veterans Integrated
Service Network in which the medical facility is located
shall enter into a contract with a vendor approved by the
General Services Administration to provide food at the
medical facility.
(d) Quarterly Reports.--Not less frequently than quarterly,
the Under Secretary of Health shall submit to Congress a
report on inspections conducted under this section, and their
detailed findings and actions taken, during the preceding
quarter at medical facilities of the Department.
Sec. 252. (a) In General.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a program to conduct risk-based
inspections for mold and mold issues at each medical facility
of the Department of Veterans Affairs. Such facilities will
be rated high, medium, or low risk for mold. Such inspections
at facilities rated high risk shall occur not less frequently
than annually, and such inspections at facilities rated
medium or low risk shall occur not less frequently than
biennially.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter into an
agreement with the Joint Commission on Accreditation of
Hospital Organizations under which the Joint Commission on
Accreditation of Hospital Organizations conducts the
inspections required under subsection (a).
(2) Alternate organization.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with the
Joint Commission on Accreditation of Hospital Organizations
on terms acceptable to the Secretary, the Secretary shall
seek to enter into such an agreement with another appropriate
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the
Joint Commission on Accreditation of Hospital Organizations.
(c) Remediation Plan.--If a medical facility of the
Department is determined pursuant to an inspection conducted
under subsection (a) to have a mold issue, the Secretary
shall--
(1) implement a remediation plan for that medical facility
within 7 days; and
(2) Conduct a second inspection under subsection (a) at
that medical facility within 90 days of the initial
inspection.
(d) Quarterly Reports.--Not less frequently than quarterly,
the Under Secretary for Health shall submit to Congress a
report on inspections conducted under this section, and their
detailed findings and actions taken, during the preceding
quarter at medical facilities of the Department.
Sec. 253. Section 1706(b)(5)(A) of title 38, United States
Code, is amended, in the first sentence, by striking
``through 2008''.
Sec. 254. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this
title to ensure that the ratio of veterans to full-time
employment equivalents within any program of rehabilitation
conducted under chapter 31 of title 38, United States Code,
does not exceed 125 veterans to one full-time employment
equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report
on the programs of rehabilitation conducted under chapter 31
of title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 255. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 256. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members
of Congress or their staff on any topic not otherwise
prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national
defense or the conduct of foreign affairs.
Sec. 257. Appropriations made available in this Act under
the heading ``Medical Services'' shall be available to carry
out sections 322(d) and 521A of title 38, United States Code,
to include the payment of the administrative expenses
necessary to carry out such sections. Of the amount
appropriated for fiscal year 2017, up to $2,000,000 shall be
available for the payment of monthly assistance allowances to
veterans pursuant to 38 U.S.C. 322(d) and up to $8,000,000
shall be available for the payment of grants pursuant to 38
U.S.C. 521A. Of the amounts appropriated in advance for
fiscal year 2018, up to $2,000,000 shall be available for the
payment of monthly assistance allowances to veterans pursuant
to 38 U.S.C. 322(d) and up to $8,000,000 shall be available
for the payment of grants pursuant to 38 U.S.C. 521A.
Sec. 258. (a) In fiscal year 2017 and each fiscal year
hereafter, beginning with the fiscal year 2018 budget request
submitted to Congress pursuant to section 1105(a) of title
31, United States Code, the budget justification documents
submitted for the ``Construction, Major Projects'' account of
the Department of Veterans Affairs shall include, at a
minimum, the information required under subsection (b).
(b) The budget justification documents submitted pursuant
to subsection (a) shall include, for each project--
(1) the estimated total cost of the project;
(2) the funding provided for each fiscal year prior to the
budget year;
(3) the amount requested for the budget year;
(4) the estimated funding required for the project for each
of the 4 fiscal years succeeding the budget year; and
(5) such additional information as is enumerated under the
heading relating to the ``Construction, Major Projects''
account of the Department of Veterans Affairs in the joint
explanatory statement accompanying this Act.
(c) Not later than 45 days after the date of enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
proposed budget justification template that complies with the
requirements of this section.
Sec. 259. (a) The Secretary of Veterans Affairs may carry
out the following major medical facility projects, with each
project to be carried out in an amount not to exceed the
amount specified for that project:
(1) Seismic corrections to buildings, including
retrofitting and replacement of high-risk buildings, in San
Francisco, California, in an amount not to exceed
$180,480,000.
(2) Seismic corrections to facilities, including facilities
to support homeless veterans, at the medical center in West
Los Angeles, California, in an amount not to exceed
$105,500,000.
(3) Seismic corrections to the mental health and community
living center in Long Beach, California, in an amount not to
exceed $287,100,000.
[[Page 13506]]
(4) Construction of an outpatient clinic, administrative
space, cemetery, and columbarium in Alameda, California, in
an amount not to exceed $87,332,000.
(5) Realignment of medical facilities in Livermore,
California, in an amount not to exceed $194,430,000.
(6) Construction of a medical center in Louisville,
Kentucky, in an amount not to exceed $150,000,000.
(7) Construction of a replacement community living center
in Perry Point, Maryland, in an amount not to exceed
$92,700,000.
(8) Seismic corrections and other renovations to several
buildings and construction of a specialty care building in
American Lake, Washington, in an amount not to exceed
$16,260,000.
(b) There is authorized to be appropriated to the Secretary
of Veterans Affairs for fiscal year 2016 or the year in which
funds are appropriated for the Construction, Major Projects,
account, $1,113,802,000 for the projects authorized in
subsection (a).
(c) The projects authorized in subsection (a) may only be
carried out using--
(1) funds appropriated for fiscal year 2016 pursuant to the
authorization of appropriations in subsection (b);
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2016 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2016 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2016 for a category of activity not specific
to a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2016 for a category of
activity not specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after fiscal year 2016 for a category of
activity not specific to a project.
Sec. 260. (a) Notwithstanding any other provision of law,
the amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of
a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States
Code, who has a service-connected disability that results in
the inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement such
policy, including any limitations on the amount of such
benefits available to such a member.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in
Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the
requirements for funds contained in section 508 of division H
of the Consolidated Appropriations Act, 2016 (Public Law 114-
113).
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$75,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$30,945,000: Provided, That $2,500,000 shall be available
for the purpose of providing financial assistance as
described, and in accordance with the process and reporting
procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official
reception and representation expenses, $70,800,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2019. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$64,300,000, of which $1,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi: Provided, That of the amounts made
available under this heading from funds available in the
Armed Forces Retirement Home Trust Fund, $22,000,000 shall be
paid from the general fund of the Treasury to the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'',
may be provided to Arlington County, Virginia, for the
relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for
ground burials.
Sec. 302. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $18,900,000, to remain available until September 30,
2021, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $59,809,000, to remain available until
September 30, 2021, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $88,291,000, to remain available until September 30,
2021, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $5,000,000, to remain available until
September 30, 2021, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control
[[Page 13507]]
Act of 1985 shall be available only if the President
subsequently so designates all such amounts and transmits
such designations to the Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 504. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 507. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control
of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2017''.
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
TITLE I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for fiscal year 2016 for ``CDC-
Wide Activities and Program Support'', $394,000,000, to
remain available until September 30, 2017, to prevent,
prepare for, and respond to Zika virus, health conditions
related to such virus, and other vector-borne diseases,
domestically and internationally: Provided, That products
purchased with these funds may, at the discretion of the
Secretary of Health and Human Services, be deposited in the
Strategic National Stockpile under section 319F-2 of the
Public Health Service (``PHS'') Act: Provided further, That
funds may be used for purchase and insurance of official
motor vehicles in foreign countries: Provided further, That
the provisions in section 317S of the PHS Act shall apply to
the use of funds appropriated in this paragraph as determined
by the Director of the Centers for Disease Control and
Prevention to be appropriate: Provided further, That funds
appropriated in this paragraph may be used for grants for the
construction, alteration, or renovation of non-federally
owned facilities to improve preparedness and response
capability at State and local laboratories: Provided
further, That of the amount appropriated in this paragraph,
$44,000,000 is included to supplement either fiscal year 2016
or fiscal year 2017 funds for the Public Health Emergency
Preparedness cooperative agreement program to restore fiscal
year 2016 funds that were reprogrammed for Zika virus
response prior to the enactment of this Act: Provided
further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
National Institutes of Health
national institute of allergy and infectious diseases
(including transfer of funds)
For an additional amount for fiscal year 2016 for
``National Institute of Allergy and Infectious Diseases'',
$152,000,000, to remain available until September 30, 2017,
for research on the virology, natural history, and
pathogenesis of the Zika virus infection and preclinical and
clinical development of vaccines and other medical
countermeasures for the Zika virus and other vector-borne
diseases, domestically and internationally: Provided, That
such funds may be transferred by the Director of the National
Institutes of Health (``NIH'') to other accounts of the NIH
for the purposes provided in this paragraph: Provided
further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``Public
Health and Social Services Emergency Fund'', $387,000,000, to
remain available until September 30, 2017, to prevent,
prepare for, and respond to Zika virus, health conditions
related to such virus, and other vector-borne diseases,
domestically and internationally; to develop necessary
countermeasures and vaccines, including the development and
purchase of vaccines, therapeutics, diagnostics, necessary
medical supplies, and administrative activities; for carrying
out section 501 of the Social Security Act; and for carrying
out sections 330 through 336 and 338 of the PHS Act:
Provided, That funds appropriated in this paragraph may be
used to procure security countermeasures (as defined in
section 319F-2(c)(1)(B) of the PHS Act): Provided further,
That paragraphs (1) and (7)(C) of subsection (c) of section
319F-2 of the PHS Act, but no other provisions of such
section, shall apply to such security countermeasures
procured with funds appropriated in this paragraph: Provided
further, That products purchased with funds appropriated in
this paragraph may, at the discretion of the Secretary of
Health and Human Services, be deposited in the Strategic
National Stockpile under section 319F-2 of the PHS Act:
Provided further, That funds appropriated in this paragraph
may be transferred to the fund authorized by section 319F-4
of the PHS Act: Provided further, That of the funds
appropriated under this heading, $75,000,000, in addition to
the purposes specified above, shall also be available for
necessary expenses for support to States, territories,
tribes, or tribal organizations with active or local
transmission cases of the Zika virus, as confirmed by the
Centers for Disease Control and Prevention, to reimburse the
costs of health care for health conditions related to the
Zika virus, other than costs that are covered by private
health insurance, of which not less than $60,000,000 shall be
for territories with the highest rates
[[Page 13508]]
of Zika transmission: Provided further, That of the funds
appropriated under this heading, $20,000,000 shall be
awarded, notwithstanding section 502 of the Social Security
Act, for projects of regional and national significance in
Puerto Rico and other territories authorized under section
501 of the Social Security Act: Provided further, That of
the funds appropriated under this heading, $40,000,000 shall
be used to expand the delivery of primary health services
authorized by section 330 of the PHS Act in Puerto Rico and
other territories: Provided further, That of the funds
appropriated under this heading, $6,000,000 shall, for
purposes of providing primary health services in areas
affected by Zika virus or other vector-borne diseases, be
used to assign National Health Service Corps (``NHSC'')
members to Puerto Rico and other territories, notwithstanding
the assignment priorities and limitations in or under
sections 333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, and
to make NHSC Loan Repayment Program awards under section 338B
of such Act: Provided further, That for purposes of the
previous proviso, section 331(a)(3)(D) of the PHS Act shall
be applied as if the term ``primary health services''
included health services regarding pediatric subspecialists:
Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
direct hires
Sec. 101. Funds appropriated by this title may be used by
the heads of the Department of Health and Human Services,
Department of State, and the United States Agency for
International Development to appoint, without regard to the
provisions of sections 3309 through 3319 of title 5 of the
United States Code, candidates needed for positions to
perform critical work relating to Zika response for which--
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has
determined that such a public health threat exists.
transfer authorities
Sec. 102. Funds appropriated by this title may be
transferred to, and merged with, other appropriation accounts
under the headings ``Centers for Disease Control and
Prevention'', ``Public Health and Social Services Emergency
Fund'', and ``National Institutes of Health'' for the
purposes specified in this title following consultation with
the Office of Management and Budget: Provided, That the
Committees on Appropriations shall be notified 10 days in
advance of any such transfer: Provided further, That, upon a
determination that all or part of the funds transferred from
an appropriation are not necessary, such amounts may be
transferred back to that appropriation: Provided further,
That none of the funds made available by this title may be
transferred pursuant to the authority in section 205 of
division H of Public Law 114-113 or section 241(a) of the PHS
Act.
reporting requirements
Sec. 103. Not later than 30 days after enactment of this
Act, the Secretary of Health and Human Services shall provide
a detailed spend plan of anticipated uses of funds made
available in this title, including estimated personnel and
administrative costs, to the Committees on Appropriations:
Provided, That such plans shall be updated and submitted to
the Committees on Appropriations every 60 days until
September 30, 2017.
oversight
Sec. 104. Of the funds appropriated by this title under
the heading ``Public Health and Social Services Emergency
Fund'', up to--
(1) $500,000 shall be transferred to, and merged with,
funds made available under the heading ``Office of the
Secretary, Office of Inspector General'', and shall remain
available until expended, for oversight of activities
supported with funds appropriated by this title: Provided,
That the Secretary of Health and Human Services shall consult
with the Committees on Appropriations prior to obligating
such funds: Provided further, That the transfer authority
provided by this paragraph is in addition to any other
transfer authority provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available
until expended, for oversight of activities supported with
funds appropriated by this title: Provided, That the
Comptroller General shall consult with the Committees on
Appropriations prior to obligating such funds.
TITLE II
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for fiscal year 2016 for
``Diplomatic and Consular Programs'', $14,594,000, to remain
available until September 30, 2017, for necessary expenses to
support response efforts related to the Zika virus, health
conditions related to such virus, and other vector-borne
diseases: Provided, That such funds may be made available
for medical evacuation costs of any other department or
agency of the United States under Chief of Mission authority,
and may be transferred to any other appropriation of such
department or agency for such costs: Provided further, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For an additional amount for fiscal year 2016 for
``Emergencies in the Diplomatic and Consular Service'',
$4,000,000 for necessary expenses to support response efforts
related to the Zika virus, health conditions related to such
virus, and other vector-borne diseases, to remain available
until September 30, 2017: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
repatriation loans program account
For an additional amount for fiscal year 2016 for
``Repatriation Loans Program Account'' for the cost of direct
loans, $1,000,000, to support response efforts related to the
Zika virus, health conditions related to such virus, and
other vector-borne diseases, to remain available until
September 30, 2017: Provided, That such costs, including
costs of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That such funds are available to subsidize an
additional amount of gross obligations for the principal
amount of direct loans not to exceed $1,880,406: Provided
further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for fiscal year 2016 for
``Operating Expenses'', $10,000,000, to remain available
until September 30, 2017, for necessary expenses to support
response efforts related to the Zika virus, health conditions
related to such virus, and other vector-borne diseases:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for fiscal year 2016 for ``Global
Health Programs'', $145,500,000, to remain available until
September 30, 2017, for necessary expenses to prevent,
prepare for, and respond to the Zika virus, health conditions
related to such virus, and other vector-borne diseases:
Provided, That funds appropriated under this heading shall be
made available for vector control activities, vaccines,
diagnostics, and vector control technologies: Provided
further, That funds appropriated under this heading may be
made available as contributions to the World Health
Organization, the United Nations Children's Fund, the Pan
American Health Organization, the International Atomic Energy
Agency, and the Food and Agriculture Organization: Provided
further, That funds made available under this heading shall
be subject to prior consultation with the Committees on
Appropriations: Provided further, That none of the funds
appropriated under this heading may be made available for the
Grand Challenges for Development program: Provided further,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
transfer authorities
(including transfer of funds)
Sec. 201. (a) Funds appropriated by this title under the
headings ``Diplomatic and Consular Programs'', ``Emergencies
in the Diplomatic and Consular Service'', ``Repatriation
Loans Program Account'', and ``Operating Expenses'' may be
transferred to, and merged with, funds appropriated by this
title under such headings to carry out the purposes of this
title.
(b) The transfer authorities provided by this section are
in addition to any other transfer authority provided by law.
(c) Upon a determination that all or part of the funds
transferred pursuant to the authorities provided by this
section are not necessary for such purposes, such amounts may
be transferred back to such appropriations.
(d) No funds shall be transferred pursuant to this section
unless at least 5 days prior to making such transfer the
Secretary of State or the Administrator of the United States
Agency for International Development, as appropriate,
notifies the Committees on Appropriations in writing of the
details of any such transfer.
notification requirement
Sec. 202. Funds appropriated by this title shall only be
available for obligation if the
[[Page 13509]]
Secretary of State or the Administrator of the United States
Agency for International Development, as appropriate,
notifies the Committees on Appropriations in writing at least
15 days in advance of such obligation.
consolidated reporting requirement
Sec. 203. Not later than 30 days after enactment of this
Act and prior to the initial obligation of funds made
available by this title, the Secretary of State and the
Administrator of the United States Agency for International
Development shall submit a consolidated report to the
Committees on Appropriations on the anticipated uses of such
funds on a country and project basis, including estimated
personnel and administrative costs: Provided, That such
report shall be updated and submitted to the Committees on
Appropriations every 60 days until September 30, 2017.
oversight
Sec. 204. Of the funds appropriated by this title, up to--
(1) $500,000 shall be transferred to, and merged with,
funds available under the heading ``United States Agency for
International Development, Funds Appropriated to the
President, Office of Inspector General'', and shall remain
available until expended, for oversight of activities
supported with funds appropriated by this title: Provided,
That the transfer authority provided by this paragraph is in
addition to any other transfer authority provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available
until expended, for oversight of activities supported with
funds appropriated by this title: Provided, That the
Secretary of State and the Comptroller General, as
appropriate, shall consult with the Committees on
Appropriations prior to obligating such funds.
TITLE III
GENERAL PROVISIONS--THIS DIVISION
extension of authorities and provisions
Sec. 301. Unless otherwise provided for by this division,
the additional amounts appropriated pursuant to this division
are subject to the requirements for funds contained in the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
personal service contractors
Sec. 302. Funds made available by this division may be
used to enter into contracts with individuals for the
provision of personal services (as described in section 104
of part 37 of title 48, Code of Federal Regulations (48 CFR
37.104)) to support the purposes of titles I and II of this
division, within the United States and abroad, subject to
prior consultation with, and the notification procedures of,
the Committees on Appropriations: Provided, That such
individuals may not be deemed employees of the United States
for the purpose of any law administered by the Office of
Personnel Management: Provided further, That the authority
made available pursuant to this section shall expire on
September 30, 2017.
designation retention
Sec. 303. Any amount appropriated by this division,
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and subsequently so
designated by the President, and transferred pursuant to
transfer authorities provided by this division shall retain
such designation.
effective date
Sec. 304. This division shall become effective immediately
upon enactment of this Act.
This division may be cited as the ``Zika Response and
Preparedness Appropriations Act, 2016''.
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2017, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary, at a rate
for operations as provided in the applicable appropriations
Acts for fiscal year 2016 and under the authority and
conditions provided in such Acts, for continuing projects or
activities (including the costs of direct loans and loan
guarantees) that are not otherwise specifically provided for
in this Act, that were conducted in fiscal year 2016, and for
which appropriations, funds, or other authority were made
available in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2016
(division A of Public Law 114-113), except section 728.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2016 (division B of Public Law 114-113).
(3) The Department of Defense Appropriations Act, 2016
(division C of Public Law 114-113).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2016 (division D of Public Law 114-113).
(5) The Financial Services and General Government
Appropriations Act, 2016 (division E of Public Law 114-113),
which for purposes of this Act shall be treated as including
section 707 of division O of Public Law 114-113.
(6) The Department of Homeland Security Appropriations Act,
2016 (division F of Public Law 114-113).
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2016 (division G of
Public Law 114-113).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2016
(division H of Public Law 114-113).
(9) The Legislative Branch Appropriations Act, 2016
(division I of Public Law 114-113).
(10) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2016 (division K of
Public Law 114-113), except title IX.
(11) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L of
Public Law 114-113), except section 420.
(b) The rate for operations provided by subsection (a) is
hereby reduced by 0.496 percent.
Sec. 102. (a) No appropriation or funds made available or
authority granted pursuant to section 101 for the Department
of Defense shall be used for: (1) the new production of items
not funded for production in fiscal year 2016 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2016 funds; or (3) the initiation,
resumption, or continuation of any project, activity,
operation, or organization (defined as any project,
subproject, activity, budget activity, program element, and
subprogram within a program element, and for any investment
items defined as a P-1 line item in a budget activity within
an appropriation account and an R-1 line item that includes a
program element and subprogram element within an
appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2016.
(b) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense
shall be used to initiate multi-year procurements utilizing
advance procurement funding for economic order quantity
procurement unless specifically appropriated later.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted
pursuant to section 101 shall be used to initiate or resume
any project or activity for which appropriations, funds, or
other authority were not available during fiscal year 2016.
Sec. 105. Appropriations made and authority granted
pursuant to this Act shall cover all obligations or
expenditures incurred for any project or activity during the
period for which funds or authority for such project or
activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in
the applicable appropriations Act for fiscal year 2017,
appropriations and funds made available and authority granted
pursuant to this Act shall be available until whichever of
the following first occurs: (1) the enactment into law of an
appropriation for any project or activity provided for in
this Act; (2) the enactment into law of the applicable
appropriations Act for fiscal year 2017 without any provision
for such project or activity; or (3) December 9, 2016.
Sec. 107. Expenditures made pursuant to this Act shall be
charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. Appropriations made and funds made available by
or authority granted pursuant to this Act may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United
States Code, but nothing in this Act may be construed to
waive any other provision of law governing the apportionment
of funds.
Sec. 109. Notwithstanding any other provision of this Act,
except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution
of appropriations at the beginning of fiscal year 2017
because of distributions of funding to States, foreign
countries, grantees, or others, such high initial rates of
operation or complete distribution shall not be made, and no
grants shall be awarded for such programs funded by this Act
that would impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the
most limited funding action of that permitted in the Act
shall be taken in order to provide for continuation of
projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts
for fiscal year 2016, and for activities under the Food and
Nutrition Act of 2008, activities shall be continued at the
rate to maintain program levels under current law, under the
authority and conditions provided in the applicable
appropriations Act for fiscal year
[[Page 13510]]
2016, to be continued through the date specified in section
106(3).
(b) Notwithstanding section 106, obligations for mandatory
payments due on or about the first day of any month that
begins after October 2016 but not later than 30 days after
the date specified in section 106(3) may continue to be made,
and funds shall be available for such payments.
Sec. 112. Amounts made available under section 101 for
civilian personnel compensation and benefits in each
department and agency may be apportioned up to the rate for
operations necessary to avoid furloughs within such
department or agency, consistent with the applicable
appropriations Act for fiscal year 2016, except that such
authority provided under this section shall not be used until
after the department or agency has taken all necessary
actions to reduce or defer non-personnel-related
administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this
Act that was previously designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 or as being for
disaster relief pursuant to section 251(b)(2)(D) of such Act
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of such Act or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act, respectively.
(b) The reduction in section 101(b) of this Act shall not
apply to--
(1) amounts designated under subsection (a) of this
section;
(2) amounts made available by section 101(a) by reference
to the second paragraph under the heading ``Social Security
Administration--Limitation on Administrative Expenses'' in
division H of Public Law 114-113; or
(3) amounts made available by section 101(a) by reference
to the paragraph under the heading ``Centers for Medicare and
Medicaid Services--Health Care Fraud and Abuse Control
Account'' in division H of Public Law 114-113.
(c) Section 6 of Public Law 114-113 shall apply to amounts
designated in subsection (a) for Overseas Contingency
Operations/Global War on Terrorism.
Sec. 115. During the period covered by this Act,
discretionary amounts appropriated for fiscal year 2017 that
were provided in advance by appropriations Acts covered by
section 101 of this Act shall be available in the amounts
provided in such Acts, reduced by the percentage in section
101(b).
Sec. 116. (a) In addition to the amounts otherwise provided
by section 101, and notwithstanding section 104, an
additional amount is provided to the Secretary of Health and
Human Services to carry out the authorizations in the
Comprehensive Addiction and Recovery Act of 2016 (Public Law
114-198), at a rate for operations of $17,000,000.
(b) In addition to the amounts otherwise provided by
section 101, and notwithstanding section 104, an additional
amount is provided to the Attorney General to carry out the
authorizations in the Comprehensive Addiction and Recovery
Act of 2016 (Public Law 114-198), at a rate for operations of
$20,000,000.
(c) Notwithstanding any other provision of this Act, in
addition to the purposes otherwise provided for amounts that
become available on October 1, 2016, under the heading
``Department of Veterans Affairs--Veterans Health
Administration--Medical Services'' in division J of Public
Law 114-113, such amounts shall be used to implement the
Jason Simcakoski Memorial and Promise Act (title IX of Public
Law 114-198) and the amendments made by that Act.
Sec. 117. Notwithstanding section 101, amounts are
provided for ``Department of Agriculture--Domestic Food
Programs--Food and Nutrition Service--Commodity Assistance
Program'' at a rate for operations of $310,139,000, of which
$236,120,000 shall be for the Commodity Supplemental Food
Program.
Sec. 118. Amounts provided by section 111 to the
Department of Agriculture for ``Corporations--Commodity
Credit Corporation Fund--Reimbursement for Net Realized
Losses'' may be used, prior to the completion of the report
described in section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11), to reimburse the Commodity Credit
Corporation for net realized losses sustained, but not
previously reimbursed, as reflected in the June 2016 report
of its financial condition.
Sec. 119. Amounts made available by section 101 for
``Department of Agriculture--Rural Housing Service--Rental
Assistance Program'' may be apportioned up to the rate for
operations necessary to pay ongoing debt service for the
multi-family direct loan programs under sections 514 and 515
of the Housing Act of 1949 (42 U.S.C. 1484 and 1485).
Sec. 120. Section 529(b)(5) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff(b)(5)) shall be applied by
substituting the date specified in section 106(3) of this Act
for ``September 30, 2016''.
Sec. 121. Notwithstanding sections 101 and 102, within
amounts provided for ``Department of Defense--Operation and
Maintenance, Defense-Wide'' and ``Department of Defense--
Research, Development, Test and Evaluation, Defense-Wide'',
except for amounts designated for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the Secretary of Defense may develop,
replace, and sustain Federal Government security and
suitability background investigation information technology
system requirements of the Office of Personnel Management at
a rate for operations of $95,000,000.
Sec. 122. Section 1215(f)(1) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10
U.S.C. 113 note), as most recently amended by section 1221 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92), shall be applied by substituting
``2017'' for ``2016'' through the earlier of the date
specified in section 106(3) of this Act or the date of the
enactment of an Act authorizing appropriations for fiscal
year 2017 for military activities of the Department of
Defense.
Sec. 123. (a) Funds made available by section 101 for
``Department of Energy--Energy Programs--Uranium Enrichment
Decontamination and Decommissioning Fund'' may be apportioned
up to the rate for operations necessary to avoid disruption
of continuing projects or activities funded in this
appropriation.
(b) The Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate
not later than 3 days after each use of the authority
provided in subsection (a).
Sec. 124. (a) Notwithstanding any other provision of this
Act, except section 106, the District of Columbia may expend
local funds under the heading ``District of Columbia Funds''
for such programs and activities under the District of
Columbia Appropriations Act, 2016 (title IV of division E of
Public Law 114-113) at the rate set forth under ``Part A--
Summary of Expenses'' as included in the Fiscal Year 2017
Local Budget Act of 2016 (D.C. Act 21-414), as modified as of
the date of the enactment of this Act.
(b) During the period in which this Act is in effect, the
authority and conditions provided in the Financial Services
and General Government Appropriations Act, 2016 (division E
of Public Law 114-113) which were applicable to the
obligation or expenditure of funds by the District of
Columbia for any program, project, or activity during fiscal
year 2016 shall apply to the obligation or expenditure of
funds by the District of Columbia with respect to such
program, project, or activity under any authority.
Sec. 125. (a) Notwithstanding section 101, amounts are
provided for ``General Services Administration--Expenses,
Presidential Transition'' for necessary expenses to carry out
the Presidential Transition Act of 1963 (3 U.S.C. 102 note),
at a rate for operations of $9,500,000, of which not to
exceed $1,000,000 is for activities authorized by sections
3(a)(8) and 3(a)(9) of such Act: Provided, That such amounts
may be transferred and credited to the ``Acquisition Services
Fund'' or ``Federal Buildings Fund'' to reimburse obligations
incurred prior to enactment of this Act for the purposes
provided herein related to the Presidential election in 2016:
Provided further, That amounts available under this section
shall be in addition to any other amounts available for such
purposes.
(b) Notwithstanding section 101, no funds are provided by
this Act for ``General Services Administration--Pre-Election
Presidential Transition''.
Sec. 126. Notwithstanding section 101, for expenses of the
Office of Administration to carry out the Presidential
Transition Act of 1963, as amended, and similar expenses, in
addition to amounts otherwise appropriated by law, amounts
are provided to ``Presidential Transition Administrative
Support'' at a rate for operations of $7,582,000: Provided,
That such funds may be transferred to other accounts that
provide funding for offices within the Executive Office of
the President and the Office of the Vice President in this
Act or any other Act, to carry out such purposes.
Sec. 127. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``District
of Columbia--Federal Payment for Emergency Planning and
Security Costs in the District of Columbia'' for costs
associated with the Presidential Inauguration, at a rate for
operations of $19,995,000.
Sec. 128. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``National
Archives and Records Administration--Operating Expenses'' to
carry out the Presidential transition responsibilities of the
Archivist of the United States under sections 2201 through
2207 of title 44, United States Code (commonly known as the
``Presidential Records Act of 1978''), at a rate for
operations of $4,850,000.
[[Page 13511]]
Sec. 129. Amounts made available by section 101 for
``Small Business Administration--Business Loans Program
Account'' may be apportioned up to the rate for operations
necessary to accommodate increased demand for commitments for
general business loans authorized under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
Sec. 130. Amounts provided by section 101 for the
Department of Homeland Security may be obligated in the
account and budget structure set forth in the table provided
by the Chief Financial Officer of the Department to the
Committees on Appropriations of the Senate and the House of
Representatives prior to the end of fiscal year 2016 pursuant
to section 563(e) of the Department of Homeland Security
Appropriations Act, 2016 (division F of Public Law 114-113).
Sec. 131. (a) Amounts made available by section 101 for
``Department of Homeland Security--U.S. Customs and Border
Protection--Operations and Support'' may be apportioned up to
the rate for operations necessary to maintain not less than
the number of staff achieved on September 30, 2016.
(b) Amounts made available by section 101 for ``Department
of Homeland Security--Transportation Security
Administration--Operations and Support'' may be apportioned
up to the rate for operations necessary to maintain not less
than the number of screeners achieved on September 30, 2016.
Sec. 132. The authority provided by section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) shall continue
in effect through the date specified in section 106(3) of
this Act.
Sec. 133. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking
``September 30, 2017'' and inserting ``September 30, 2018''.
Sec. 134. (a) The authority provided by subsection (m)(3)
of section 8162 of the Department of Defense Appropriations
Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) shall
continue in effect through the date specified in section
106(3) of this Act.
(b) Section 419(b) of division G of Public Law 114-113
shall not apply during the period covered by this Act.
Sec. 135. Notwithstanding section 101, subsection 35(d) of
the Mineral Leasing Act (30 U.S.C. 191(d)) shall be applied,
at a rate for operations, through the date specified in
section 106(3), as if the following new paragraph were added
at the end--
``(5) There is appropriated to the Fee Account established
in subsection (c)(3)(B)(ii) of this section, out of any money
in the Treasury not otherwise appropriated, $26,000,000 for
fiscal year 2017, to remain available until expended, for the
coordination and processing of oil and gas use
authorizations, to be reduced by amounts collected by the
Bureau and transferred to such Fee Account pursuant to
subsection (d)(3)(A)(ii) of this section, so as to result in
a final fiscal year 2017 appropriation from the general fund
estimated at not more than $0.''.
Sec. 136. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for
``Department of the Interior--National Park Service--
Operation of the National Park System'' for security and
visitor safety activities related to the Presidential
Inaugural Ceremonies, at a rate for operations of $4,200,000.
Sec. 137. In addition to amounts otherwise made available
by section 101, and notwithstanding section 104, amounts are
provided for ``Environmental Protection Agency--Environmental
Programs and Management'' at a rate for operations of
$3,000,000, to remain available until expended, and such
amounts may be apportioned up to the rate for operations
needed, for necessary expenses of activities described in
section 26(b)(1) of the Toxic Substances Control Act (15
U.S.C. 2625(b)(1)): Provided, That fees collected pursuant
to such section of such Act and deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2017 shall be retained and used for necessary
salaries and expenses under the above heading and shall
remain available until expended: Provided further, That the
sum provided by this section of this Act from the general
fund for fiscal year 2017 shall be reduced by the amount of
discretionary offsetting receipts received during fiscal year
2017, so as to result in a final fiscal year 2017
appropriation from the general fund estimated at not more
than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $3,000,000, those amounts
in excess of $3,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2017, shall be retained and used for necessary
salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the
amounts provided under this heading by section 101, the
Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any
fees made available, not less than the amount of
appropriations for that program project for fiscal year 2014.
Sec. 138. Section 114(f) of the Higher Education Act of
1965 (20 U.S.C. 1011c(f)) shall be applied by substituting
the date specified in section 106(3) of this Act for
``September 30, 2016''.
Sec. 139. The first proviso under the heading ``Department
of Health and Human Services--Administration for Children and
Families--Payments to States for the Child Care and
Development Block Grant'' in title II of division H of Public
Law 114-113 shall not apply during the period covered by this
Act.
Sec. 140. (a) The second proviso under the heading
``Department of Health and Human Services--Administration for
Children and Families--Children and Families Services
Programs'' in title II of division H of Public Law 114-113
shall be applied during the period covered by this Act as if
the following were struck from such proviso: ``, of which
$141,000,000 shall be available for a cost of living
adjustment notwithstanding section 640(a)(3)(A) of such
Act''.
(b) Amounts made available in the third proviso under the
heading ``Department of Health and Human Services--
Administration for Children and Families--Children and
Families Services Programs'' in title II of division H of
Public Law 114-113 shall not be included in the calculation
of the ``base grant'', as such term is used in section
640(a)(7)(A) of the Head Start Act (42 U.S.C. 9835(a)(7)(A)),
during the period described in section 106 of this Act.
Sec. 141. (a) Section 529 of division H of Public Law 114-
113 shall be applied by substituting ``in the Child
Enrollment Contingency Fund from the appropriation to the
Fund for the first semi-annual allotment period for fiscal
year 2017 under section 2104(n)(2)(A)(ii) of the Social
Security Act'' for ``or available in the Child Enrollment
Contingency Fund from appropriations to the Fund under
section 2104(n)(2)(A)(i) of the Social Security Act''; and
(b) Section 530 of division H of Public Law 114-113 shall
be applied by substituting ``$541,900,000'' for
``$4,678,500,000'' and by adding at the end the following:
``and of the funds made available for the purposes of
carrying out section 2105(a)(3) of the Social Security Act,
$5,669,100,000 are hereby rescinded''.
Sec. 142. Notwithstanding any other provision of this Act,
there is appropriated for payment to Sami A. Takai, widow of
Kyle Mark Takai, late a Representative from the State of
Hawaii, $174,000.
Sec. 143. (a) Amounts made available by section 101 for
``Department of Transportation--Federal Railroad
Administration--Operating Grants to the National Railroad
Passenger Corporation'' and ``Department of Transportation--
Federal Railroad Administration--Capital and Debt Service
Grants to the National Railroad Passenger Corporation'' shall
be obligated in the account and budget structure, and under
the authorities and conditions, set forth for ``Department of
Transportation--Federal Railroad Administration--Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``Department of Transportation--Federal
Railroad Administration--National Network Grants to the
National Railroad Passenger Corporation'' in H.R. 5394 and S.
2844, as introduced in the One Hundred Fourteenth Congress.
(b) Amounts made available pursuant to subsection (a) are
provided for ``Department of Transportation--Federal Railroad
Administration--Northeast Corridor Grants to the National
Railroad Passenger Corporation'' at a rate for operations of
$235,000,000, to remain available until expended, and for
``Department of Transportation--Federal Railroad
Administration--National Network Grants to the National
Railroad Passenger Corporation'' at a rate for operations of
$1,155,000,000, to remain available until expended.
Sec. 144. Amounts made available by section 101 for
``Maritime Administration--Maritime Security Program'' shall
be allocated at an annual rate across all vessels covered by
operating agreements, as that term is used in chapter 531 of
title 46, United States Code, and the Secretary shall
distribute equally all such funds for payments due under all
operating agreements in equal amounts notwithstanding title
46, United States Code, section 53106: Provided, That no
payment shall exceed an annual rate of $3,500,000 per
operating agreement.
Sec. 145. (a) In addition to the amount otherwise provided
by section 101 for the ``Community Planning and Development,
Community Development Fund'', there is appropriated
$500,000,000 for an additional amount for fiscal year 2016,
to remain available until expended, for necessary expenses
for activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
related to disaster relief, long-term recovery, restoration
of infrastructure and housing, and economic revitalization in
the most impacted and distressed areas resulting from a major
disaster declared in 2016, and which the disaster occurred
prior to the date of enactment of this Act, pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be
awarded directly to the State or unit of general local
government at the discretion of the Secretary: Provided
further, That as a condition of making any grant, the
Secretary shall certify in advance that such grantee has in
place proficient financial controls and procurement processes
and has established adequate procedures to prevent any
duplication of benefits as defined by section 312 of the
Robert T. Stafford Disaster
[[Page 13512]]
Relief and Emergency Assistance Act (42 U.S.C. 5155), to
ensure timely expenditure of funds, to maintain comprehensive
websites regarding all disaster recovery activities assisted
with these funds, and to detect and prevent waste, fraud, and
abuse of funds: Provided further, That prior to the
obligation of funds a grantee shall submit a plan to the
Secretary for approval detailing the proposed use of all
funds, including criteria for eligibility and how the use of
these funds will address long-term recovery and restoration
of infrastructure and housing and economic revitalization in
the most impacted and distressed areas: Provided further,
That such funds may not be used for activities reimbursable
by, or for which funds are made available by, the Federal
Emergency Management Agency or the Army Corps of Engineers:
Provided further, That funds allocated under this heading
shall not be considered relevant to the non-disaster formula
allocations made pursuant to section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306): Provided
further, That a State or subdivision thereof may use up to 5
percent of its allocation for administrative costs: Provided
further, That in administering the funds under this heading,
the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use by
the recipient of these funds (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), if the Secretary finds that good cause exists
for the waiver or alternative requirement and such waiver or
alternative requirement would not be inconsistent with the
overall purpose of title I of the Housing and Community
Development Act of 1974: Provided further, That,
notwithstanding the preceding proviso, recipients of funds
provided under this heading that use such funds to supplement
Federal assistance provided under section 402, 403, 404, 406,
407, or 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt,
without review or public comment, any environmental review,
approval, or permit performed by a Federal agency, and such
adoption shall satisfy the responsibilities of the recipient
with respect to such environmental review, approval or
permit: Provided further, That, notwithstanding section
104(g)(2) of the Housing and Community Development Act of
1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt
of a request for release of funds and certification,
immediately approve the release of funds for an activity or
project assisted under this heading if the recipient has
adopted an environmental review, approval or permit under the
preceding proviso or the activity or project is categorically
excluded from review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That
the Secretary shall publish via notice in the Federal
Register any waiver, or alternative requirement, to any
statute or regulation that the Secretary administers pursuant
to title I of the Housing and Community Development Act of
1974 no later than 5 days before the effective date of such
waiver or alternative requirement: Provided further, That
amounts provided under this section shall be designated by
Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(b) Unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development for
administrative costs of the Office of Community Planning and
Development associated with funds appropriated to the
Department for specific disaster relief and related purposes
and designated by Congress as an emergency requirement
pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act, including
information technology costs and costs for administering and
overseeing such specific disaster related funds, shall be
transferred to the Program Office Salaries and Expenses,
Community Planning and Development account for the
Department, shall remain available until expended, and may be
used for such administrative costs for administering any
funds appropriated to the Department for any disaster relief
and related purposes in any prior or future act,
notwithstanding the purposes for which such funds were
appropriated: Provided, That the amounts transferred
pursuant to this section that were previously designated by
Congress as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
and shall be transferred only if the President subsequently
so designates the entire transfer and transmits such
designation to the Congress.
(c) This section shall become effective immediately upon
enactment of this Act.
This division may be cited as the ``Continuing
Appropriations Act, 2017''.
DIVISION D--RESCISSIONS OF FUNDS
Sec. 101. (a) Of the unobligated balances available from
prior year appropriations under the heading ``Department of
Commerce, Economic Development Administration, Economic
Development Assistance Programs'' designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, $10,000,000 is rescinded
immediately upon enactment of this Act: Provided, That such
amounts are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Of the unobligated balances available from amounts
provided under the heading ``Department of Commerce, National
Oceanic and Atmospheric Administration, Operations, Research,
and Facilities'' in title II of Public Law 111-212 for
responding to economic impacts of fisherman and fishery
dependent businesses, $13,000,000 is rescinded immediately
upon enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(c) Of the unobligated balances available from amounts
provided under the heading ``Department of Homeland Security,
Office of the Secretary and Executive Management'' in Public
Law 109-148, $279,045 is rescinded immediately upon enactment
of this Act: Provided, That such amounts are designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(d) Of the unobligated balances available under the heading
``Department of Homeland Security, U.S. Customs and Border
Protection, Salaries and Expenses'' from emergency funds in
Public Law 107-206 and earlier laws transferred to the
Department of Homeland Security when it was created in 2003,
$39,246 is rescinded immediately upon enactment of this Act:
Provided, That such amounts are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
(e) Of the unobligated balances available from amounts
provided under the heading ``Department of Homeland Security,
United States Coast Guard, Acquisition, Construction, and
Improvements'' in Public Law 110-329, Public Law 109-148 and
Public Law 109-234, $48,075,920 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(f) Of the unobligated balances available under the heading
``Department of Homeland Security, Federal Emergency
Management Agency, Administrative and Regional Operations''
in Public Law 109-234, $731,790 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(g) Of the unobligated amounts made available under section
1323(c)(1) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18043(c)(1)), $168,100,000 is rescinded
immediately upon enactment of this Act.
(h) Of the unobligated balances available under the heading
``Operating Expenses'' in title IX of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
$7,522,000 is rescinded immediately upon enactment of this
Act: Provided, That such amounts are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(i) Of the unobligated balances of appropriations made
available under the heading ``Bilateral Economic Assistance,
Funds Appropriated to the President'' in title IX of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
$109,478,000 is rescinded immediately upon enactment of this
Act: Provided, That such amounts are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(j) Of the unobligated balances available from amounts
provided under the heading ``Department of Transportation,
Federal Aviation Administration, Facilities and Equipment''
in Public Law 109-148, $4,384,920 is rescinded immediately
upon enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(k) Of the unobligated balances available from amounts
provided under the heading ``Department of Transportation,
Federal Aviation Administration, Facilities and Equipment''
in Public Law 102-368, $990,277 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
[[Page 13513]]
(l) Of the unobligated balances available to the Department
of Transportation from amounts provided under section 108 of
Public Law 101-130, $37,400,000 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
______
SA 5083. Mr. McCONNELL proposed an amendment to amendment SA 5082
proposed by Mr. McConnell (for Mr. Cochran) to the bill H.R. 5325,
making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2017, and for other purposes; as follows:
At the end add the following:
This Act shall take effect 1 day after the date of
enactment.
______
SA 5084. Mr. McCONNELL proposed an amendment to amendment SA 5083
proposed by Mr. McConnell to the amendment SA 5082 proposed by Mr.
McConnell (for Mr. Cochran) to the bill H.R. 5325, making
appropriations for the Legislative Branch for the fiscal year ending
September 30, 2017, and for other purposes; as follows:
Strike ``1 day'' and insert ``2 days''.
______
SA 5085. Mr. McCONNELL proposed an amendment to the bill H.R. 5325,
making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2017, and for other purposes; as follows:
At the end add the following:
This Act shall take effect 3 days after the date of
enactment.
______
SA 5086. Mr. McCONNELL proposed an amendment to amendment SA 5085
proposed by Mr. McConnell to the bill H.R. 5325, making appropriations
for the Legislative Branch for the fiscal year ending September 30,
2017, and for other purposes; as follows:
Strike ``3 days'' and insert ``4 days''.
______
SA 5087. Mr. McCONNELL proposed an amendment to the bill H.R. 5325,
making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2017, and for other purposes; as follows:
At the end add the following:
This Act shall take effect 5 days after the date of
enactment.
______
SA 5088. Mr. McCONNELL proposed an amendment to amendment SA 5087
proposed by Mr. McConnell to the bill H.R. 5325, making appropriations
for the Legislative Branch for the fiscal year ending September 30,
2017, and for other purposes; as follows:
Strike ``5'' and insert ``6''.
______
SA 5089. Mr. McCONNELL proposed an amendment to amendment SA 5088
proposed by Mr. McConnell to the amendment SA 5087 proposed by Mr.
McConnell to the bill H.R. 5325, making appropriations for the
Legislative Branch for the fiscal year ending September 30, 2017, and
for other purposes; as follows:
Strike ``6'' and insert ``7''.
______
SA 5090. Mr. COATS (for Mr. Sanders) proposed an amendment to the
bill S. 1878, to extend the pediatric priority review voucher program;
as follows:
On page 7, strike lines 7 through 17 and insert the
following:
``(5) Termination of authority.--The Secretary may not
award any priority review vouchers under paragraph (1) after
December 31, 2016.''; and
______
SA 5091. Mr. COATS (for Ms. Hirono) proposed an amendment to the bill
S. 2683, to include disabled veteran leave in the personnel management
system of the Federal Aviation Administration; as follows:
On page 2, line 11, strike ``paragraph (4)'' and insert
``paragraph (4) of this subsection''.
____________________
AUTHORITY FOR COMMITTEES TO MEET
Mr. COTTON. Mr. President, I have eight requests for committees to
meet during today's session of the Senate. They have the approval of
the Majority and Minority leaders.
Pursuant to Rule XXVI, paragraph 5(a), of the Standing Rules of the
Senate, the following committees are authorized to meet during today's
session of the Senate:
committee on armed services
The Committee on Armed Services is authorized to meet during the
session of the Senate on September 22, 2016, at 9:30 a.m.
committee on energy and natural resources
The Committee on Energy and Natural Resources is authorized to meet
during the session of the Senate on September 22, 2016, at 9:30 a.m.,
in room SD-366 of the Dirksen Senate Office Building.
committee on foreign relations
The Committee on Foreign Relations is authorized to meet during the
session of the Senate on September 22, 2016.
committee on health, education, labor, and pensions
The Committee on Health, Education, Labor, and Pensions is authorized
to meet during the session of the Senate on September 22, 2016, at 10
a.m., in room SD-430 of the Dirksen Senate Office Building to conduct a
hearing entitled ``Exploring Current Practices in Cosmetic Development
and Safety.''
committee on homeland security and governmental affairs
The Committee on Homeland Security and Governmental Affairs is
authorized to meet during the session of the Senate on September 22,
2016, at 10 a.m., to conduct a hearing entitled ``Exploring a Right to
Try for Terminally Ill Patients.''
select committee on intelligence
The Select Committee on Intelligence is authorized to meet during the
session of the Senate on September 22, 2016, at 2 p.m., in room SH-219
of the Hart Senate Office Building.
subcommittee on housing, transportation, and community development
The Committee on Banking, Housing, and Urban Affairs Subcommittee on
Housing, Transportation, and Community Development is authorized to
meet during the session of the Senate on September 22, 2016, at 10
a.m., to conduct a hearing entitled ``Oversight of the HUD Inspection
Process.''
subcommittee on regulatory affairs and federal management
The Subcommittee on Regulatory Affairs and Federal Management of the
Committee on Homeland Security and Governmental Affairs is authorized
to meet during the session of the Senate on September 22, 2016, at 3
p.m., to conduct a hearing entitled ``Continued Review of Agency
Regulatory Guidance, Part III.''
____________________
ADVANCING HOPE ACT OF 2015
Mr. COATS. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 415, S. 1878.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 1878) to extend the pediatric priority review
voucher program.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Health, Education, Labor,
and Pensions, with an amendment to strike all after the enacting clause
and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Hope Act of
2016''.
SEC. 2. REAUTHORIZATION OF PROGRAM FOR PRIORITY REVIEW TO
ENCOURAGE TREATMENTS FOR RARE PEDIATRIC
DISEASES.
(a) In General.--Section 529 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by amending subparagraph (A) to read
as follows:
``(A) The disease is a serious or life-threatening disease
in which the serious or life-threatening manifestations
primarily affect individuals aged from birth to 18 years,
including age groups often called neonates, infants,
children, and adolescents.''; and
(B) in paragraph (4)(F), by striking ``Prescription Drug
User Fee Amendments of 2012'' and inserting ``Advancing Hope
Act of 2016'';
(2) in subsection (b)--
(A) by striking paragraph (4) and inserting the following:
``(4) Notification.--
``(A) Sponsor of a rare pediatric disease product.--
[[Page 13514]]
``(i) In general.--Beginning on the date that is 90 days
after the date of enactment of the Advancing Hope Act of
2016, the sponsor of a rare pediatric disease product
application that intends to request a priority review voucher
under this section shall notify the Secretary of such intent
upon submission of the rare pediatric disease product
application that is the basis of the request for a priority
review voucher.
``(ii) Applications submitted but not yet approved.--The
sponsor of a rare pediatric disease product application that
was submitted and that has not been approved as of the date
of enactment of the Advancing Hope Act of 2016 shall be
considered eligible for a priority review voucher, if--
``(I) such sponsor has submitted such rare pediatric
disease product application--
``(aa) on or after the date that is 90 days after the date
of enactment of the Prescription Drug User Fee Amendments of
2012; and
``(bb) on or before the date of enactment of the Advancing
Hope Act of 2016; and
``(II) such application otherwise meets the criteria for a
priority review voucher under this section.
``(B) Sponsor of a drug application using a priority review
voucher.--
``(i) In general.--The sponsor of a human drug application
shall notify the Secretary not later than 90 days prior to
submission of the human drug application that is the subject
of a priority review voucher of an intent to submit the human
drug application, including the date on which the sponsor
intends to submit the application. Such notification shall be
a legally binding commitment to pay the user fee to be
assessed in accordance with this section.
``(ii) Transfer after notice.--The sponsor of a human drug
application that provides notification of the intent of such
sponsor to use the voucher for the human drug application
under clause (i) may transfer the voucher after such
notification is provided, if such sponsor has not yet
submitted the human drug application described in the
notification.''; and
(B) by striking paragraph (5) and inserting the following:
``(5) Termination of authority.--The Secretary may not
award any priority review vouchers under paragraph (1) after
September 30, 2022, unless the rare pediatric disease product
application--
``(A) is for a drug that, not later than September 30,
2022, is designated under subsection (d) as a drug for a rare
pediatric disease; and
``(B) is, not later than September 30, 2027, approved under
section 505(b)(1) of this Act or section 351(a) of the Public
Health Service Act.''; and
(3) in subsection (g), by inserting before the period ``,
except that no sponsor of a rare pediatric disease product
application may receive more than one priority review voucher
issued under any section of this Act with respect to the drug
for which the application is made.''
(b) Rule of Construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed to affect the
validity of a priority review voucher that was issued under
section 529 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360ff) before the date of enactment of this Act.
SEC. 3. GAO REPORT.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the effectiveness of awarding
priority review vouchers under section 529 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360ff) in providing
incentives for the development of drugs that treat or prevent
rare pediatric diseases (as defined in subsection (a)(3) of
such section) that would not otherwise have been developed.
In conducting such study, the Comptroller General shall
examine the following:
(1) The indications for which each drug for which a
priority review voucher was awarded under such section 529
was approved under section 505(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) or section
351(a) of the Public Health Service Act (42 U.S.C. 262(a)).
(2) Whether the priority review voucher impacted sponsors'
decisions to invest in developing a drug to treat or prevent
a rare pediatric disease.
(3) An analysis of the drugs for which such priority review
vouchers were used, which shall include--
(A) the indications for which such drugs were approved
under section 505(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(b)(1)) or section 351(a) of the
Public Health Service Act (42 U.S.C. 262(a));
(B) whether unmet medical needs were addressed through the
approval of such drugs, including, for each such drug--
(i) if an alternative therapy was previously available to
treat the indication; and
(ii) if the drug provided a benefit or advantage over
another available therapy;
(C) the number of patients potentially treated by such
drugs;
(D) the value of the priority review voucher if
transferred; and
(E) the length of time between the date on which a priority
review voucher was awarded and the date on which it was used.
(4) With respect to the priority review voucher program
under section 529 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff)--
(A) the resources used by the Food and Drug Administration
in implementing such program, including the effect of such
program on the Food and Drug Administration's review of drugs
for which a priority review voucher was not awarded or used;
(B) the impact of the program on the public health as a
result of the review and approval of drugs that received a
priority review voucher and products that were the subject of
a redeemed priority review voucher; and
(C) alternative approaches to improving such program so
that the program is appropriately targeted toward providing
incentives for the development of clinically important drugs
that--
(i) prevent or treat rare pediatric diseases; and
(ii) would likely not otherwise have been developed to
prevent or treat such diseases.
(b) Report.--Not later than January 31, 2022, the
Comptroller General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report containing the results of the
study of conducted under subsection (a).
Mr. COATS. Mr. President, I ask unanimous consent that the Sanders
amendment, which is at the desk, be agreed to; the committee-reported
substitute amendment, as amended, be agreed to; that the bill, as
amended, be read a third time and passed; and that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5090) was agreed to, as follows:
(Purpose: To improve the bill)
On page 7, strike lines 7 through 17 and insert the
following:
``(5) Termination of authority.--The Secretary may not
award any priority review vouchers under paragraph (1) after
December 31, 2016.''; and
The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
The bill (S. 1878), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 1878
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 ``Advancing Hope Act of
2016''.
SEC. 2. REAUTHORIZATION OF PROGRAM FOR PRIORITY REVIEW TO
ENCOURAGE TREATMENTS FOR RARE PEDIATRIC
DISEASES.
(a) In General.--Section 529 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by amending subparagraph (A) to read
as follows:
``(A) The disease is a serious or life-threatening disease
in which the serious or life-threatening manifestations
primarily affect individuals aged from birth to 18 years,
including age groups often called neonates, infants,
children, and adolescents.''; and
(B) in paragraph (4)(F), by striking ``Prescription Drug
User Fee Amendments of 2012'' and inserting ``Advancing Hope
Act of 2016'';
(2) in subsection (b)--
(A) by striking paragraph (4) and inserting the following:
``(4) Notification.--
``(A) Sponsor of a rare pediatric disease product.--
``(i) In general.--Beginning on the date that is 90 days
after the date of enactment of the Advancing Hope Act of
2016, the sponsor of a rare pediatric disease product
application that intends to request a priority review voucher
under this section shall notify the Secretary of such intent
upon submission of the rare pediatric disease product
application that is the basis of the request for a priority
review voucher.
``(ii) Applications submitted but not yet approved.--The
sponsor of a rare pediatric disease product application that
was submitted and that has not been approved as of the date
of enactment of the Advancing Hope Act of 2016 shall be
considered eligible for a priority review voucher, if--
``(I) such sponsor has submitted such rare pediatric
disease product application--
``(aa) on or after the date that is 90 days after the date
of enactment of the Prescription Drug User Fee Amendments of
2012; and
``(bb) on or before the date of enactment of the Advancing
Hope Act of 2016; and
``(II) such application otherwise meets the criteria for a
priority review voucher under this section.
``(B) Sponsor of a drug application using a priority review
voucher.--
``(i) In general.--The sponsor of a human drug application
shall notify the Secretary not later than 90 days prior to
submission of the human drug application that is the subject
of a priority review voucher of an intent to submit the human
drug application, including the date on which the sponsor
intends to submit the application. Such notification shall be
a legally binding commitment to pay the user fee to be
assessed in accordance with this section.
``(ii) Transfer after notice.--The sponsor of a human drug
application that provides notification of the intent of such
sponsor to
[[Page 13515]]
use the voucher for the human drug application under clause
(i) may transfer the voucher after such notification is
provided, if such sponsor has not yet submitted the human
drug application described in the notification.''; and
(B) by striking paragraph (5) and inserting the following:
``(5) Termination of authority.--The Secretary may not
award any priority review vouchers under paragraph (1) after
December 31, 2016.''; and
(3) in subsection (g), by inserting before the period ``,
except that no sponsor of a rare pediatric disease product
application may receive more than one priority review voucher
issued under any section of this Act with respect to the drug
for which the application is made.''
(b) Rule of Construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed to affect the
validity of a priority review voucher that was issued under
section 529 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360ff) before the date of enactment of this Act.
SEC. 3. GAO REPORT.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the effectiveness of awarding
priority review vouchers under section 529 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360ff) in providing
incentives for the development of drugs that treat or prevent
rare pediatric diseases (as defined in subsection (a)(3) of
such section) that would not otherwise have been developed.
In conducting such study, the Comptroller General shall
examine the following:
(1) The indications for which each drug for which a
priority review voucher was awarded under such section 529
was approved under section 505(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) or section
351(a) of the Public Health Service Act (42 U.S.C. 262(a)).
(2) Whether the priority review voucher impacted sponsors'
decisions to invest in developing a drug to treat or prevent
a rare pediatric disease.
(3) An analysis of the drugs for which such priority review
vouchers were used, which shall include--
(A) the indications for which such drugs were approved
under section 505(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(b)(1)) or section 351(a) of the
Public Health Service Act (42 U.S.C. 262(a));
(B) whether unmet medical needs were addressed through the
approval of such drugs, including, for each such drug--
(i) if an alternative therapy was previously available to
treat the indication; and
(ii) if the drug provided a benefit or advantage over
another available therapy;
(C) the number of patients potentially treated by such
drugs;
(D) the value of the priority review voucher if
transferred; and
(E) the length of time between the date on which a priority
review voucher was awarded and the date on which it was used.
(4) With respect to the priority review voucher program
under section 529 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff)--
(A) the resources used by the Food and Drug Administration
in implementing such program, including the effect of such
program on the Food and Drug Administration's review of drugs
for which a priority review voucher was not awarded or used;
(B) the impact of the program on the public health as a
result of the review and approval of drugs that received a
priority review voucher and products that were the subject of
a redeemed priority review voucher; and
(C) alternative approaches to improving such program so
that the program is appropriately targeted toward providing
incentives for the development of clinically important drugs
that--
(i) prevent or treat rare pediatric diseases; and
(ii) would likely not otherwise have been developed to
prevent or treat such diseases.
(b) Report.--Not later than January 31, 2022, the
Comptroller General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report containing the results of the
study of conducted under subsection (a).
____________________
FEDERAL AVIATION ADMINISTRATION VETERAN TRANSITION IMPROVEMENT ACT OF
2016
Mr. COATS. Mr. President, I ask unanimous consent that the Commerce
Committee be discharged from further consideration of S. 2683 and the
Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 2683) to include disabled veteran leave in the
personnel management system of the Federal Aviation
Administration.
There being no objection, the Senate proceeded to consider the bill.
Mr. COATS. Mr. President, I further ask that the Hirono amendment be
agreed to; the bill, as amended, 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 amendment (No. 5091) was agreed to, as follows:
(Purpose: To improve the bill)
On page 2, line 11, strike ``paragraph (4)'' and insert
``paragraph (4) of this subsection''.
The bill (S. 2683), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 2683
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 ``Federal Aviation
Administration Veteran Transition Improvement Act of 2016''.
SEC. 2. INCLUSION OF DISABLED VETERAN LEAVE IN FEDERAL
AVIATION ADMINISTRATION PERSONNEL MANAGEMENT
SYSTEM.
(a) In General.--Section 40122(g)(2) of title 49, United
States Code, is amended--
(1) in subparagraph (H), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (I)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(J) subject to paragraph (4) of this subsection, section
6329, relating to disabled veteran leave.''.
(b) Certification of Leave.--Section 40122(g) of such title
is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Certification of disabled veteran leave.--In order to
verify that leave credited to an employee pursuant to
paragraph (2)(J) is used for treating a service-connected
disability, that employee shall, notwithstanding section
6329(c) of title 5, submit to the Assistant Administrator for
Human Resource Management of the Federal Aviation
Administration certification, in such form and manner as the
Administrator of the Federal Aviation Administration may
prescribe, that the employee used that leave for purposes of
being furnished treatment for that disability by a health
care provider.''.
(c) Application.--The amendments made by this section shall
apply with respect to any employee of the Federal Aviation
Administration hired on or after the date that is one year
after the date of the enactment of this Act.
(d) Policies and Procedures.--Not later than 270 days after
the date of the enactment of this Act, the Administrator of
the Federal Aviation Administration shall prescribe policies
and procedures to carry out the amendments made by this
section that are comparable, to the maximum extent
practicable, to the regulations prescribed by the Office of
Personnel Management under section 6329 of title 5, United
States Code.
____________________
APPOINTMENT
The PRESIDING OFFICER. The Chair, on behalf of the Democratic leader,
pursuant to Public Law 110-315, appoints the following individual to be
a member of the National Advisory Committee on Institutional Quality
and Integrity: Steven VanAusdle of Washington.
____________________
ORDERS FOR MONDAY, SEPTEMBER 26, 2016
Mr. COATS. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it adjourn until 3 p.m., Monday,
September 26; 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;
further, that following leader remarks, the Senate resume consideration
of H.R. 5325; finally, that the filing deadline for the cloture motions
filed today be at 4 p.m., Monday, September 26 for first-degree
amendments and for second-degree amendments at 12 p.m., Tuesday,
September 27.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ADJOURNMENT UNTIL MONDAY, SEPTEMBER 26, 2016, AT 3 P.M.
Mr. COATS. Mr. President, if there is no further business to come
before the
[[Page 13516]]
Senate, I ask unanimous consent that it stand adjourned under the
previous order.
There being no objection, the Senate, at 5 p.m., adjourned until
Monday, September 26, 2016, at 3 p.m.
____________________
NOMINATIONS
Executive nominations received by the Senate:
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATHAN BRUCE DUTHU, OF VERMONT, TO BE A MEMBER OF THE
NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING
JANUARY 26, 2022, VICE CHRISTOPHER MERRILL, TERM EXPIRED.
STATE JUSTICE INSTITUTE
JOHN D. MINTON, JR., OF KENTUCKY, TO BE A MEMBER OF THE
BOARD OF DIRECTORS OF THE STATE JUSTICE INSTITUTE FOR A TERM
EXPIRING SEPTEMBER 17, 2019. (REAPPOINTMENT)
CHASE ROGERS, OF CONNECTICUT, TO BE A MEMBER OF THE BOARD
OF DIRECTORS OF THE STATE JUSTICE INSTITUTE FOR A TERM
EXPIRING SEPTEMBER 17, 2018. (REAPPOINTMENT)
DEPARTMENT OF STATE
TULINABO SALAMA MUSHINGI, OF VIRGINIA, A CAREER MEMBER OF
THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF SENEGAL, AND TO SERVE
CONCURRENTLY AND WITHOUT ADDITIONAL COMPENSATION AS
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF GUINEA-BISSAU.
IN THE AIR FORCE
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:
To be lieutenant general
LT. GEN. JOHN F. THOMPSON
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:
To be lieutenant general
MAJ. GEN. ROBERT D. MCMURRY, JR.
IN THE ARMY
THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED
STATES OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO
THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF
IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION
601:
To be lieutenant general
MAJ. GEN. REYNOLD N. HOOVER
IN THE NAVY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:
To be rear admiral (lower half)
CAPT. KELLY A. AESCHBACH
IN THE AIR FORCE
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS PERMANENT
PROFESSOR AT THE UNITED STATES AIR FORCE ACADEMY IN THE GRADE
INDICATED UNDER TITLE 10, U.S.C., SECTIONS 9333(B) AND
9336(A):
To be colonel
SCOTT E. WILLIAMS
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS PERMANENT
PROFESSOR AT THE UNITED STATES AIR FORCE ACADEMY IN THE GRADE
INDICATED UNDER TITLE 10, U.S.C., SECTIONS 9333(B) AND
9336(A):
To be colonel
JOHN D. CINNAMON
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADE
INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, U.S.C.,
SECTION 531:
To be major
ALFRED G. TRAYLOR II
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS PERMANENT
PROFESSOR AT THE UNITED STATES AIR FORCE ACADEMY IN THE GRADE
INDICATED UNDER TITLE 10, U.S.C., SECTIONS 9333(B) AND
9336(A):
To be colonel
MARK C. ANARUMO
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS PERMANENT
PROFESSOR AT THE UNITED STATES AIR FORCE ACADEMY IN THE GRADE
INDICATED UNDER TITLE 10, U.S.C., SECTIONS 9333(B) AND
9336(A):
To be colonel
STEVEN C. M. HASSTEDT
IN THE ARMY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C.,
SECTION 12203:
To be colonel
KARL E. NELL
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C.,
SECTION 12203:
To be colonel
TODD D. WOLFORD
THE FOLLOWING NAMED OFFICER 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
LANCE L. JELKS
THE FOLLOWING NAMED OFFICER 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 lieutenant colonel
MATTHEW A. LEVINE
THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE INDICATED IN
THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION
12203:
To be colonel
DANIEL J. DONOVAN
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C.,
SECTION 12203:
To be colonel
DONNA A. MCDERMOTT
IN THE NAVY
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
JORDAN M. ADLER
CHRISTOPHER S. BANNON
DUSTY P. BARTLETT
RHETT Z. BEGLEY
RICHARD H. BURTON
JACOB A. CARLSEN
SARAH M. COOPER
BOBBY L. COWART
JEFFREY A. DAWSON
JOSHUA C. DENNIS
JONATHAN D. DIETER
BRIAN C. FIELDS
STEPHEN N. GAETKE
BRENDAN J. GEOGHEGAN
STEFAN E. GILLETTE
DAVID GRIMALDO
JASON R. HANEY
MICHAEL M. HANNA
BRYAN K. HARRIS
LINDSAY M. HEGY
JOSEPH K. HELKER
LINDSEY HENRY III
BRUCE W. HILL
PHILIP B. IBBITSON
KEVIN D. JACK
YASMINE N. JOHNSON
NICHOLAS J. LAKOMCIK
BRIAN J. LEE
DANIEL S. MINTZER
MATTHEW K. MORSE
ALEJANDRO D. MUSQUIZ
JOSEPH SIMON
ADAM R. SINSEL
MARK W. STEWART
JAY B. TAYLOR
NATHANIEL R. THOMSON
SCOTT C. TOLLEFSON
RYAN T. WADINGTON
CHRISTOPHER D. WEDDELL
RICHARD C. WONG
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
JOHN A. ALLEN
LANCE A. ALT
ROBERT J. BEBBER
JENEAN R. BEERS
MARK J. BERGEM
CHRISTOPHER D. BJORNNES
CHRISTOPHER B. BONINE
MILES J. BOZARTH
WILLIAM D. BRINKMEYER
DEVON A. BRUMBAUGH
DONALD M. COATES
DAVID W. COURTNEY
ANDREA M. CURRY
JACOB F. DAVIS
JAMIE J. DAVIS
JOSHUA J. DUGAN
JOSHUA G. DYE
SAMUEL B. FLEMING
WILLIAM R. FLEMING
DEREK C. GILBERT
MATTHEW D. GRAY
MICHAEL D. GRIMSHAW
JOHN D. HORTON
TRACY JONES
DAVID J. KING
AARON M. LAWSONGRADLE
JAMES L. LEGG
MARCUS L. LONG
SONDRA A. LONGWORTH
STEVEN T. MAKI
DEVIN J. MAYER
ASHLEY S. M. MCABEE
SEANN D. MCKENNA
KYLE E. MILLER
TANGIE I. MONTGOMERY
MATTHEW I. MORAN
NATHANIEL S. NEWSOM
KEVIN D. OBRIEN
WILLIAM A. PARKER
BENJAMIN D. PARKS
STEPHANIE R. PENDINO
ANN M. PETERS
MICHAEL A. PFAEFFLIN
ALEXIS M. POSPISCHIL
SHELLEY D. PULLIAM
RICHARD H. PYFROM
SARAH M. QUEMADA
DANIEL S. RHAME, JR.
ALEXANDER RIOS
AUSTIN H. RUTKOWSKI
WILFREDO SANTIAGO, JR.
MICHAEL A. SCHMIDT
RYAN W. SHROYER
KURT M. SHULKITAS
KELLY J. STEELE
JOHN W. STUCKEY
SEAN D. R. THOMPSON
KENNETH S. TUMA II
TIMBERON C. VANZANT
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
CHRISTOPHER D. AYALA
CHARLOTTE A. BENBOW
KEVIN I. BREACH
ROBERT B. CARTER
SEAN P. CAULFIELD
WESTON R. COBY
SABRINA L. CUMMINGS
THOMAS M. FREISMUTH, JR.
CHAD E. GEIS
DAVID W. E. HERRMANN
DUSTIN D. HOCKING
CORIANDRE T. JOHNSON
DAVID J. LORFELD
MARK C. MITCHELL
ZACHARY E. MOODY
AARON M. MORRONE
THOMAS P. NEWMAN
MATT A. PAULSON
DYANNA L. RODRIGUEZ
JEFFREY K. SEIBOLD
WILLIAM D. TUBBS
NICOLAAS A. VERHOEVEN
ANDREW S. WEST
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
FRANCIS B. CARNABY
JUN Y. CHEN
CHRISTOPHER W. CRAZYBULL
ANDREW B. DRODDY
DANIEL L. JUSTICE
SAMUEL S. T. KIM
SIMON Y. KWAK
CHRISTOPHER J. R. MCCOOK
DANIEL J. MILLER
VICTORIA E. MOORE
BRENT H. OGLESBY
VICTOR ROMANENKOV
REBECCA I. SUMMERS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
BENJAMIN R. ADDISON
KEVIN L. CHAMBERS
ADAM R. COLE
MATTHEW A. COMER
[[Page 13517]]
DANIEL L. DAY
SHAWN P. EKLUND
DESIREE E. F. FRAME
CHRISTINE B. GARGAN
JULIANNE J. HOLLAND
LESLIE L. HUBBELL
AMELIA E. K. A. LAWTON
JACQUELINE E. PAU
STEPHANIE A. H. TURO
RUSSELL P. WOLFKIEL
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
JOSHUA C. ALCAZAR
TODD M. ANDERSON
THOMAS E. BEGNAL
TIMOTHY J. DEAL
KRISTOFFER C. DREW
JESSE C. EPP
KEVIN B. FLEESE
KEVIN L. HICKS
VAN J. HOWARD
NATHANIEL H. HURT III
DANIEL J. HUTTON
JASON JACDEDT
COURTNEY A. JOHNSON
STEPHANIE M. KNIGHT
CARLOS R. MARCIA
SHAWN J. MARLOWE
ORLANDO A. MARTINEZ
BRIAN E. MCKEE
MATTHEW G. OMIRE
BRYAN S. RAYMOND, JR.
MICHAEL C. SHAFFER
BARRY O. SMITH
DANNIE T. STIMSON
PHILIP D. TOREM
VICTOR E. VEGUILLADEJESUS
JESSE L. WHITFIELD
JUI I. YANG
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
SILAS O. CARPENTER
EVAN A. KARLIK
MARK L. MORRISON
CHRISTOPHER E. WELLS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
GALO A. CAVALCANTI
MELANIE S. CHAMBERS
SAMUEL L. H. CHEN
RYAN T. DAILEY
CHRISTINA M. DEES
AUREL N. DEHOLLAN
MICHAEL R. DICKENSON
ALFONSO DUARTE
JUSTIN R. FITZJARRALD
AMANDA J. GRIFFITH
DAVID A. HOOPER
ROY M. KLOTZBACH
KYRA D. LASSITER
LISA W. LEE
ERIK E. MOSS
JEROD A. TABER
AUDRA M. VANCE
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
CHRISTOPHER T. ABPLANALP
KRISTIN P. ACTON
DAVID J. ADAMEK
STEPHEN W. ADAMS
ANDRE M. AGRAVIADOR
RAYMOND J. AHAUS
JULIO A. ALARCON
RICHARD A. ALI
JEREMY R. ALLEY
JONATHAN R. ALLMOND
JOSEPH J. AMES
AARON M. ANDERSON
CHRISTOPHER D. ANDERSON
JONANDREW D. ANDERSON
NATHAN B. ANDERSON
RAFAEL ANDRADE, JR.
BENJAMIN M. ANDROS
PAUL J. A. ANDRUZZI
JAMES A. ANGEL
JOSEPH W. ANGLIN
JOHN D. ANHALT
CHRISTINA C. APPLEMAN
ERNESTO A. ARBOLEDA
ANTHONY S. ARDITO
STEVEN E. ASPHOLM
RAYMOND B. AUBUCHON
MICHAEL J. AUSTIN
TRAVIS AVANT
TRISTAN A. AYSON
JONATHAN C. BACON
WAYNE M. BACON
DEREK L. BADER
JAKE R. BAKER
JORGE R. BALARES, JR.
JEFFREY G. BALISTRERI
RAYMOND T. BALL, JR.
VICTOR A. BARGER
JAMES A. BARKLEY
JENNIFER L. BARKLEY
PETER D. BARKLEY
WARREN A. BARLOW
TIMOTHY L. BARNIKEL
ADAM J. BARRERAS
TIMOTHY S. BARRY
JOHN J. BARTIS
DEVIN J. BASTEMEYER
TRAVIS K. BATEMAN
BRUCE BATTESON
DOUGLAS C. BATTIG
JOHN T. BAXTER
CALVIN S. BEADS
ANDREW W. BEASLEY
TODD M. BEATTY
ROBERT G. BEAUCHAMP
BRETT R. BELL
LANDON K. BELL
MICHAEL B. BELL
MATTHEW F. BELLASSAI
CHRISTINE C. BENEDICT
ROBERT T. BENEDICT
CHARLES E. BENNETT
MATTHEW P. BENNETT
LANCE M. BENSON
ANDREA L. BENVENUTO
JONATHAN A. BERGSTRAND
BRIAN A. BERUMEN
MATTHEW E. BEZOLD
ROLAND M. BIEHLE
KEITH A. BIERMAN
JASON E. BILBRO
MITCHELL T. BLACKBURN
SEAN T. BLACKMAN
RYAN P. BLAKE
MATHIEW K. BLANDIN
PAIGE M. BLOK
GREGORY M. BOBICH
ERIC R. BOND
JOHNATHAN W. BOSCH
CHAD T. BOSER
ADAM H. BOSMA
TIMOTHY J. BOSTON
CAMERON M. BOUTON
VINCENT A. BOVE
QUINCY L. BOWLES
TYRCHRA A. J. BOWMAN
RYAN J. BRACK
MATTHEW R. BRADEN
MICHAEL D. BRAMMER
PATRICK J. BRAY
JOSEPH A. BREEDEN
TIMOTHY E. BREEN
ROBERT E. BREISCH III
JASON D. BRETHAUER
ANDREW M. BRETT
JEFFREY P. BRIDGE
CHRISTOPHER R. BRIDGES
WILLIAM R. BRIDGES
ROBERT B. BRIDGMAN
MATHEW BRIDWELL
JOSEPH M. BRISCO, JR.
BRANT J. BROCK
BENJAMIN A. BROOKS
MATTHEW S. BROOKS
JANET M. BROOME
ADAM W. BROOS
BERRY T. BROWN
JAMES D. BROWN
MICHAEL R. BROWN
THOMAS M. BROWN
JERAMY J. BRUX
ANTHONY T. BRYANT
JORDAN A. BRYE
MICHAEL BUBULKA
NICHOLAS D. BULARZIK
AMANDA K. BURD
JOSEPH BURNS
SCOTT B. BURRILL
ERIC BURTNERABT
GEORGE M. BURTON
KENNETH P. BUTRYM
LISA M. BYDAIRK
PAUL M. BYRNE III
ALAN P. CABILING
ROBERT J. CADY
JOSHUA M. CALDWELL
SHAWN R. CALLIHAN
ANDREW P. CAMDEN
ALLISON CAMERON
BRETT S. CAMERON
JESSICA CAMERON
LARRY E. CAMP, JR.
JOSEPH M. CAMPBELL
JOSEPH M. CAMPBELL
KEVIN M. CAMPBELL
CHRISTOPHER A. CANALES
RUSSELL S. CANTY
CHRISTOPHER D. CARAWAY
JAMES C. CARBAUGH
ANDREW D. CARLSON
TODD W. S. CARLSON
BRIAN M. CARNES
REBEKAH CARR
RYAN L. CARR
JEREMY K. CARROLL
ADAM B. CARTER
DAVID H. CARTER
JOHN D. CARTER
KASEY W. CARTER
JONATHAN D. CARTLEDGE
PATRICK C. CASHIN
ROBERT J. CASTOR, JR.
AARON J. CASTRO
MICHAEL M. CATALANO
JUSTIN R. CAUDLE
TIMOTHY T. CHADWICK
RYAN P. CHAMBERLAIN
ANDREW M. CHAMBERS
FRANCIS C. CHAPELLE
WILLIAM C. CHAPMAN
MATTHEW E. CHARLES
LEE J. CHASCO
JOEL D. CHASE
SCOTT C. CHASE
JOHN J. CHESTER, JR.
KYLER Z. K. CHONG
COREY J. CHONSKY
JUSTIN J. CHRISTENSEN
MICHAEL D. CHRISTOPH
JASON CHUMA
DANIEL CIULLO
ANTHONY J. CLAY
SAMUEL M. CLEMENT
ANDRE D. CLEVELAND
GRAHAM E. CLEVELAND
HARRISON L. COLEMAN II
ROBERT A. COLVIN, JR.
ROSS F. CONLEY
JOHN S. CONNER
DANIEL B. COOPER
AMANDO S. COPE, JR.
BENJAMIN J. CORDLE
NICHOLAS D. CORNWELL
BETTINA J. CORY
ERIC M. COTE
MATTHEW J. COUSINS
WILLIAM D. COUTS
ADAM E. COWAN
ADAM L. CRAIG
DENNIS J. CRUMP
GARRETT R. CRYSLER
THOMAS A. CUNNINGHAM
ROBERT J. DALTON
WILLIAM E. DANN
CLAIRE F. DANTONIO
ANDREW C. DARJANY
MICHAEL E. DARK
TRAVIS F. DAUGHERTY
WILLIAM L. DAVIDSON
BRIAN P. DEADMON
ZACHARY C. DEAN
SCOTT T. DEARDEN
CRAIG L. DEAVOURS
MICHAEL E. DEBOER
MICHAEL K. DELOACH
JEFFREY R. DELONGPRE
LOUIS E. DEMARCO
SCOTT C. DEMARCO
BRIAN R. DEMELL
HEATHER S. DENT
BENJAMIN A. DESMOND
ANTHONY K. DEVOTO
CHRISTOPHER T. DIBBLE
DANIEL C. DIDIER
KIMBERLY R. DILLON
ERIK J. DIPPOLD
SAM E. DIRICKSON
TREY J. DITTBERNER
NICOLAS A. DOCKINS
JAMES J. DOHERTY
LUKE T. DONAHUE
RYAN C. DOOT
RYAN A. DORN
MITCHELL R. DOW
CHRISTOPHER M. DOWDELL
MARGARET L. DOYLE
JONATHAN T. DUENAS
ALEX G. DULUDE
PATRICK L. DUNN
TIMOTHY M. DUNTON
DOUGLAS W. DURHAM
JOSEPH F. DYCKMAN
WILLISTON L. DYE III
DAVID P. ECKARDT
BRETT N. ECKERT
JAMES A. EDMINISTER
SCOTT A. EDMINSTER
JENNIFER M. EDWARDS
DANIEL L. ELFGUINN
JEFFREY M. ELLER, JR.
DEREK H. ELLIS
JENNA A. EPIFANIO
DEREK W. ESCALANTE
PAUL K. EVANS
STEVEN L. EVANS, JR.
ASHLEY J. FAIRES
JESSICA L. FEATHER
CHRISTOPHER W. FEAY
JONATHAN C. FEINS
JOSEPH D. FELDER II
KEITH W. FERRELL
DANIAL L. FICKLING
FREDERICK FIELDS, JR.
COLIN P. FINNEGAN
JACOB A. FISCHER
JOSEPH E. FITZGERALD
TIMOTHY FITZGERALD, JR.
[[Page 13518]]
JENNIFER S. FLEMING
MICHAEL W. FLICK
ROBERT J. FLOYD II
ZACHARY F. FLYNN
ELIJAH C. FORD
KATE M. FORD
RYAN B. FORSMO
CHAD R. FORTIN
ROBERT L. FOSTER
MASON B. FOX
ERIC M. FRANK
COURTNEY B. FREEMAN
MICHAEL W. FRITTS
JUSTIN T. FUJIMURA
MICHAEL FURLAN
TODD M. GALVIN
PAUL A. GARCIA
DANIEL E. GARDNER
JAMES M. GARRETT
DALLAS C. GATES
ANDREW T. GAY
ANDREW T. GAYNOR
GREGORY E. GEHL
BRYAN T. GEIGER
SEAN A. GENIS
EKON A. GEORGE
MARK A. GEORGE
MATTHEW T. GEORGES
LOUIS P. GERARD
DAVID J. GERDA
BRIAN K. GERVAIS
ANDREW P. GIACOMUCCI
NAOTOMO K. GIBSON
JAMES E. GILES
ANDREW E. GILLASPIE
BRETT G. GILLIES
JOHN W. GILLIGAN
ANDREA M. GIULIANO
ALEXANDER D. GLASS
JASON A. GOELLER
MATTHEW J. GOODAVISH
MARK R. GORDON
MICHAEL J. GOSSETT
MEGHAN C. GRAY
JONATHAN B. GREENWALD
GRANT D. J. GREENWELL
GLEN C. GREGORY
STEVEN E. GREY, JR.
DOUGLAS W. GROTHUES
BRIAN A. GUEST
RUBEN H. GUEVARA
CHAD J. GUILLERAULT
STEPHEN C. GUNGGOLL
CLAIRE B. GUNNISON
JOHN M. GUTIERREZ
MARK GUTIERREZ
PATRICK T. GUTIERREZ
JOSHUA B. HAGGARD
ALEX HALBERSTADT
JEFFREY D. HALE
MATHEW J. HALFERTY
JEREMY S. HALL
RICHARD M. HALL
BRUCE D. HALLETT
THOMAS C. J. HAM
ANDREW C. HAMBLEN
HURSEL B. HANKS
JIMMY A. HARMON
SEAN F. HARNER
JASON S. HARREL
BRIAN M. HARRINGTON
JANIS J. HARRINGTON
JOHN P. HARRINGTON
AUBREY R. HARRIS
MATTHEW A. HARRIS
NICOLE M. HARRIS
RAVON D. HARRIS
NICHOLAS R. J. HAUBRICH
ALEX W. HAUPT
JOSEPH P. HAVERTY
MITCHELL J. HAYS
MICHAEL R. HAYTASINGH
MATTHEW A. HEADLEY
MICHAEL J. HEARON
JASON H. HEATH
AARON A. HEIL
JUSTIN S. HEITMAN
TIMOTHY P. HENKEN
AUSTIN L. HENNE
MATTHEW M. HENRICH
DONALD J. HENSHAW
MATTHEW A. HEPFINGER
LAWRENCE A. HERMAN
ERIC R. HERNANDEZ
AUDREY L. HERRINGTON
RYAN D. HEYKENS
MELISSA L. HIATT
KALEN P. HICKEY
JASON R. HIGHLEY
JONATHAN W. HIGHTOWER
RYAN P. HILGER
JAMES F. HINDS
JASON P. HOCH
THOMAS J. HOFFMAN
BRYCE C. HOLDEN
DANIEL J. HOLIAN
BRENT J. HOLLOWAY
JENNIFER E. HOLSCLAW
MARCUS A. HOOGEWIND
CHRISTOPHER L. HORNUNG
ROBERT H. HOUTMAN
ANSON W. HOWARD
GUILLERMO H. HOWELL
ANDREW HOWERTON
CECILIA X. L. HU
JOHNTA R. HUDSON
MICHAEL J. HUMARA
DAVID P. HUSCHER
ALAN J. HYTONEN
SERGIO L. IBARRA
ANDREW J. INGRAM
CHRISTOPHER D. IVEY
KIRK J. JACKSON
PAUL A. JACOBS
JEREMY R. JANNEY
JAMES S. JENKINS, JR.
PHILLIP D. JENKINS
RONALD JENKINS
BRYAN V. JENNINGS
MICHAEL T. JENNINGS
ADAM E. JENSEN
JARED R. JEVONS
CLAYTON A. JOHNSON
DAMIEAN M. JOHNSON
JEREMIAH A. JOHNSON
ROBERT A. JOHNSON
ANDRIA M. JONES
BRIAN C. JONES
MARVIN L. JOSEPH
DAVID A. JOSLEYN
JESSE A. JOYCE
NATHANAEL C. JUCKETT
SEAN M. JURGENSEN
MATTHEW R. JUSTISON
JOHN T. KADZ
DAVID N. KAHKONEN
BRITTANY B. KALUSCAK
JONATHAN R. KANE
FARROKH K. KAPADIA
LOGAN V. KARSHNER
MAGDALENA M. KEEL
MATTHEW H. KEIDEL
JOHN G. KEITH
THOMAS L. KELLNER
PETER J. KELLY
RYAN P. KELLY
JOSH R. KEMPINSKI
SHANECE L. KENDALL
JOHN P. KENNEDY
LINCOLN E. KERGER
KEVIN M. KERNO
JEFFREY J. KERR
KYLE W. KILLINGBECK
CAL A. KIMES
RYAN E. KIMMEL
CHRISTOPHER M. KINGERY
SEAN M. KINNEY
BRIAN P. KIRK
GLENN A. KIRKPATRICK
GABRION M. KISLER
MARK S. KLEIN
CHRISTOPHER R. KNAPP
JAMES P. KOBYRA
DANIEL R. KOBZA
MICHAEL R. KOCH
CHRISTOPHER P. KOFOED
MATTHEW B. KOHLMANN
JOHN E. KOHUT
MICAH A. KOLCUN
MARK A. KONDRAT
ANDREW KONOWICZ
ANNA M. KOPP
ADAMANTIOS M. KOULOUMOUNDRAS
CHRISTOPHER M. KOWALCZYK
MICHAEL KRASNIEWSKI
MIRANDA L. KRASSELT
RUSSELL A. KRATOVILLE, JR.
PETER C. KRAVCHONOK
CHARLES R. KREUZ
BENJAMIN P. KROLL
KEITH R. KROUCHICK
ROBERT S. KURLAND
ADAM C. KYLE
TIMOTHY F. LABRESH
JOSHUA K. LAIL
JOEL A. LAKEY
PATRICK J. LAKUSTA
CHRISTOPHER W. LAMBERT
JOSH T. LANG
MATTHEW S. LANGFORD
SCOTT W. LANUM
EMILY A. LAPP
ANDREW J. LATHROP
ANDREW J. LAWRENCE
CHRISTOPHER J. LAWSON
MOLLY L. LAWTON
DANIEL M. LEAHEY
BRETT H. LEARNER
ROBERT G. LECLERC
ROBERT V. LEE
BRIAN LEGARE
JONATHAN R. LEONARDO
SCOTT M. LESCENSKI
MATTHEW J. LESZCZYNSKI
LUIS A. LEVINE
GREGORY J. LEWIS
JOHN A. LEWIS
KIRTLAN V. LEWIS
MATTHEW R. LEWIS
JOCELYN K. LIBERG
WINSTON J. LIKERT
JOSEPH T. LILES
MYRON E. LIND
NELS D. LINDBERG
MICHAEL A. LINDER, JR.
CAMERON M. LINDSAY
MICHAEL L. LINN
ROBERT M. LLOYD
LEIGH K. LOESEL
STEWART C. LONG
SAMUEL LOPEZ, JR.
JEREMY A. LORD
KEVIN A. LOUGHMILLER
NOLAN D. LUCAS
TODD M. J. LUCHT
BERNARD W. LUTZ
PAUL N. L. LWIN
MALCOLM R. LYBECK
SARAH K. LYNCH
NICHOLAS C. LYONS
JACOB M. MADDOX
PATRICK T. MAGNO
BRIAN F. MAHLER
JASON A. MAIER
LOUIS S. MAJERCHIN
MICHAEL R. MALIN
DAVID MANGES
BRITTANY A. MANLEY
HERU K. MANSELL
WILLIAM L. MARDEN
SAMUEL M. MARRONE
CHRISTOPHER L. MARSH
DOUGLAS L. MARSH
ROBERT D. MARSHALL
TIMOTHY S. MARSHALL
NICHOLAS C. MARSTON
ANDREW J. MARTIN
JONATHAN R. MARTIN
MARK MARTIN
MICHELLE M. MARTINEZ
VICTORIA MARUM
JONATHAN R. MASON
KYLE C. MASON
CAMERON H. MASSEY
MARK J. MATKOVICH
BENJAMIN A. MATTES
MICHELLE A. MATTHEWS
ZACHARY A. MATTHEWS
CHARLES E. MATYKIEWICZ
ROBERT W. MAUL
JONATHON R. MAURUS
CORY L. MAYER
MICHAEL T. MCARAW
ERIC K. MCBEE
MICHAEL J. MCBRYAR
NOAH L. MCBURNETT
KEVIN K. MCCADDEN
BRENT W. MCCAMMON
PATRICK M. MCCASKEY
JAMESON D. MCCORT
DAMON C. MCCULLAR
ANDREW F. MCDONALD
MICHAEL J. MCDONALD
JOSHUA J. MCDONOUGH
MICHAEL D. MCGHAN
RYAN D. MCGINN
RYAN O. MCGOLDRICK
BRENDAN J. MCGUNIGLE
MICHAEL A. MCLAUGHLIN
PRECIOUS S. W. MCQUADE
RENE J. MEDRANO
MATTHEW J. MEEKS
KEVIN M. MEIER
GREGORY C. MEISINGER
LEO L. MENDOZA, JR.
JOSHUA W. MERDES
ROBERT A. MERIN
GRANT A. MESTNIK
WILLIAM A. MEYER
JOSHUA A. MEYERS
ANTONIA E. MIGGINS
AMANDA R. MILLER
BENJAMIN O. MILLER
JAMES R. MILLER, JR.
PATRICK E. MILLER
ROBERT E. V. MILLER
SCOTT R. MILLER
JACE D. MIRMAK
GREGORY A. MISCHLER
ANDREW N. MITCHELL
SAMARA Y. J. MITCHELL
NATHAN W. MITICH
ROBERT W. MIZE
SAMUEL A. MOFFETT
STEVEN R. MOFFITT
WILLIAM H. MOHR
MICHAEL O. MOLLOY
JACOB M. MONTOYA
CHRISTOPHER J. MOORE
PATRICK J. MOORE
JAIME A. MORENO
DARRELL J. MORGAN
DAVID H. MORGAN
TIMOTHY E. MORGAN
CHARLES G. MORRIS
JEREMY D. MORTIMER
ADAM P. MOSLEY
NICHOLAS J. MOTTOLA
MATTHEW H. MOURNING
RABB O. MUHAMMAD
WILLIAM P. MURPHY
RICHARD A. MURRAY
ANDREW F. MURTAUGH
JOSEPH S. NAVARRE
ADAM H. NEBENZAHL
ADAM H. NELSON
[[Page 13519]]
JONATHAN NELSON
JOHN L. NEUBERT
DAVID M. NEW
NGUA V. NGUYEN
MICHAEL G. NIEMI
CHRISTOPHER A. NIGUS
JONATHAN T. NODA
JOEL C. NOGLE
CHRISTOPHER A. NORRIS
DAVID D. NOVOTNEY
JAKUB NOWAKOWSKI
JOSEPH W. NUTTING
BRENT A. NYHEIM
KEITH J. OBRIEN
SEAMUS N. OBRIEN
THOMAS J. OBRIEN
MATTHEW J. OCONNELL
JAMES R. OLSEN
AUSTIN P. ORDWAY
KORHAN M. ORGUN
BRYAN M. ORLOWSKI
TIMOTHY J. ORTH
BRANDON M. OSWALD
JOSHUA A. OVERN
MATTHEW D. OWENS
ALEXANDER J. OWRE
JOSHUA S. PACE
JUSTIN H. PACHECO
DAVID B. PADGETT
MATTHEW D. PAINTER
ANTHONY J. PALLADINO
JASON C. PALLOTTA
MICHAEL J. PANOS
TRAVIS W. PANTALEO
JAMES R. PAQUETTE
JON E. PARIS, JR.
JOHN W. PARKS
JASON R. PATTON
ROBERT A. PAUL
KATHLEEN E. PAULS
GREGORY A. PAULUS
BENJAMIN C. PEARLSWIG
RYAN K. PECK
HAMLET M. PEGUERO
BRAD E. PENLEY
SCOTT C. PENNOYER
LUKE W. PENROSE
ROBERT W. PERRIS
ANDREW S. PETERSON
KENNETH J. PETKUNAS
RYAN D. PETTEPHER
JEREMY C. PHILLIPS
JOSEPH D. PHILLIPS
TIMOTHY R. PHILLIPS
NICHOLAS J. PIETRZAK
GREGORY J. PIORUN, JR.
CHRIS R. PLAPPERT
ZACHARY M. PLEIS
ANDREW J. PLUMB
WALTER G. POINT
PATRICK E. POLK
KARL R. POPEJOY
SURAVUT PORNPANIT
BEAU S. PORTILLO
MICHAEL D. POSMOGA
ANDREW J. POTTS
JOHN M. PRENDERGAST
ASHLEY T. PRESTON
PHILIP D. PRETZINGER
ERIC M. PRIEST
KENNETH J. PRINDLE
MICHAEL L. PTACEK
JOHN J. PUCKETT
CHRISTOPHER T. RAGSDALE
SHAUN A. RANDELL
NICHOLAS J. RANK
JAKE L. RANKINEN
CODY H. RAPP
JOHN E. RASHAP
ROBERT J. RAZZANO
WILL O. READ
ANDREW J. RECAME
KYLE E. RECKER
JACOB R. REED
JARRAD D. REEVES
ANDREW REGALADO
JONATHAN R. REICHEL
PATRICK J. REILLY
BENJAMIN L. REUST
JOSE J. REYES
EMILY J. REYNOLDS
SCOTT M. REYNOLDS
SEAN P. RICE
ROBERT F. RICHARDS
NICKLIS E. RICHARDSON
SUSAN V. RICHARDSON
STEPHEN P. RICHTER
KEVIN L. RINGELSTEIN
RYAN A. RIOUFF
JADEN J. RISNER
RICHARD R. RIVAS
BRIAN M. ROBERTS
JASON M. ROBINSON
JONATHAN D. ROBINSON
BRADLEY J. ROBY
STEVEN V. ROCKWELL
ALEXANDER B. RODECK
MICHAEL A. RODRIGUEZ
DANIEL E. ROGERS
BRENDAN K. ROK
JORGE E. ROLDAN
KRISTINA F. ROMERO
NATHANIAL O. ROSENBERG
DYLAN B. ROSS
JOHN C. ROSS
MARK G. ROSTEDT
GEORGE J. ROTH
BENJAMIN ROTHENBURG
MARK J. ROTHSCHILD
JAMES C. ROWE, JR.
ADAM J. RUCKMAN
MATTHEW N. RYAN
KURT E. SACKS
JOHN M. SADLER
JONATHAN D. SAEWERT
JASON M. SAKASH
CHRISTOPHER M. SALLIOTTE
SHANE A. SALVATORE
PATRICK S. SALVITTI
JOSEPH W. A. SAMMUR
ANDREW B. SAMPLE
BRIAN C. SANCHEZ
CURTIS R. SANDERS
MATTHEW M. SANDRETTO
ALEXANDER M. SANDRONI
LAURA B. SANTIAGO
THOMAS B. SAUER
KARL Q. SAULT
REBEKAH E. SAXON
BRENDAN A. SCHAAF
JUSTIN J. SCHADE
CHARLES W. SCHELLHORN
NICOLE M. SCHERER
BRANT H. SCHMALL
JENNIFER M. SCHMIDT
ROBERT S. SCHMIDT
JARED A. SCHMITT
CHRISTOPHER M. SCHNAPPINGER
JOHN C. SCHNEPPER
PETER C. SCHUNK
NATHAN E. SCOTT
LUCAS R. SCRUBY
CRAIG K. SEARLES
CHRISTOPHER D. SEDLAK
SEAN P. SEEBERGER
JOHN H. SEEBODE
MATTHEW C. SEIBERT
GREGORY J. SEITZ
JOHN G. SHAFFO
DANIEL C. SHEA
THOMAS R. SHELLY
RICHARD W. SHENE
PATRICK D. SHOUVLIN
PHILIP B. SHRADER
DAVID K. SHULTZ
JEREMIAH S. SHUMWAY
KAI B. SIEGELE
JOSHUA J. SILVA
RICHARD P. SILVA, JR.
MATTHEW S. SIMMONS
RONALD R. SIMMONS, JR.
DOMINIC J. SIMONE
ELLIOTT P. SKILES
KEITH W. SKILLIN, JR.
KELLEY SLAUGHTER
MICHAEL D. SLEDGE
CHRISTIAN L. SMITH
ERIK T. SMITH
JOSHUA M. SMITH
KRISTEN L. SMITH
LEX A. SMITH
LYNNWOOD C. SMITH
MICHAEL F. SMITH
NICHOLAS D. SMITH
SARAH M. SMITH
STEPHEN W. SMITH
REID W. SMYTHE
WILLIAM M. SNEAD
JOEL P. SNEDEKER
DEVIN T. SNIDER
DANIEL A. SOLFELT
RYAN L. SOLOMON
CHARLES C. SONNTAG
DAVID M. SOUZA
MATTHEW W. SPENCE
BERYL R. STEFANIC
KATRINA L. STEGNER
NATHAN A. STEIN
KEVIN L. STEINBRECHER
MICHELE K. STEINER
DARIN L. STOCKMAN
BYRON STOCKS
BRYAN D. STONIECKI
ALBERT J. STORRS
ANDREW T. STREENAN
MICHAEL G. STRITTMATTER
JOEL D. STRONG
SCOTT F. SULICH
MATTHEW F. SULLIVAN
PATRICK T. SULLIVAN
MICHAEL R. SWANSON, JR.
STEPHEN D. SZACHTA, JR.
AARON N. SZECHTMAN
RACHEL E. SZECHTMAN
ALEXANDER B. TAFRESHI
SHAWN T. TAGAN
DAVID L. TARR
BENJAMIN G. TARTELL
KEVIN F. TAYLOR
SCOTT J. TEDRICK
ALAN A. TEELE
MATTHEW I. TENNIS
RICHARD J. TERRIO II
KYLE L. TERWILLIGER
DANIELLE THIRIOT
JAMES G. THOMAS
ROSS J. THOMAS
ANDREW E. TIMPNER
CHRISTOPHER R. TOCKEY
ANDREW W. TOM
JOSEPH R. TRAGER
IAN X. TRAINOR
BRIAN L. TRIBBITT
BRENT L. TROST
SEAN M. TUOHY
JAMIE A. TURF
CLINTON K. TURNER
DAMON Y. TURNER
ANDREW J. TURO
JAC O. ULLMAN III
MICHAEL J. UMHOLTZ
SCOTT E. URBASHICH
PAUL J. VALCKE, JR.
EMILIO J. VALDEZ
MICHAEL VALLIANOS, JR.
NATHANIEL B. VANDEVENTER
KYLE E. VANNATTA
TROY H. VANTREASE
PATRICK E. VEILLETTE
BRIAN M. VIETHS
VAUGHN A. VILLARREAL
JOSHUA R. VIRGADAMO
JONATHAN M. VOLKLE
STEPHEN M. VOLPE
DANIEL E. VROMAN
GERALD D. VUOLO
JONATHAN G. WACHTEL
ADAM R. WAGLER
JOHN W. WALKER
VALON B. WALKER
WILLIAM J. WALKER III
MARK D. WALLIS
LEIF E. WALROTH
MARCUS T. WALTERS
BLAKE M. WANIER
TIMOTHY R. WARBURTON
MATTHEW P. WARNECKE
JUSTIN M. WASH
TIMOTHY C. WASHBURN
ERIC B. WATT
ROBERT M. WAYLAND
JOSHUA T. WEBB
BRAD C. WEILAND
JASON I. WELLS
JUSTIN T. WELLS
MICHAEL S. WELLS
CHRISTOPHER A. WENZEL
JAROD B. WHEELER
JEREMY W. WHEELIS
CURTIS W. WHITE
DUSTIN L. WHITE
ROOSEVELT B. WHITE, JR.
JEREMIAH W. WIESNER
CHRISTOPHER A. WILLIAMS
MATTHEW R. WILLIAMSON
FRANK D. WILLIS, JR.
NOAH D. WILLKOM
TROY M. WILLMAN
ANDREW R. WILSNACK
TYLER H. WILSON
CALEB P. WINES
MICHAEL P. WOLCHKO
TRAVIS B. WOLF
EVAN R. WOLFE
ANTHONY K. WOLVERTON
JEREMY D. WOODALL
GARRETT M. WOODS
CHARLES D. WORKMAN II
BRYON T. YAMAJI
XAI YANG
JACOB B. YANOFSKY
CHRISTOPHER H. YATES
ROGER L. YOUNG
JONATHAN M. ZANG
MICHAEL D. ZARRAONANDIA
JOSEPH ZERRA
DAVID E. ZIEROTH
JOHN G. ZILAI
MICHEAL J. ZIMMERMAN
RYAN E. ZYVITH
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
STEVEN M. ARBOGAST
KYLE A. BAKER
TIMOTHY M. BEACH
BIX A. BEIDERBECKE
RYAN S. BOHNING
NATHANIEL J. BYRD
JOSEPH L. CAPRIO
CHRISTINA D. CARINO
DANIEL A. CARY
GREGORY A. CASKEY
AMAKA E. CHIDOZIE
RYAN P. CONNER
GREGORY M. CONTRERAS
ANTHONY L. CULWELL
LEON A. FAISON
ROBERT T. FAUCI III
CHRISTOPHER R. FLORES
VICTOR R. FOULK
ANDREW D. FREEMAN
JORDAN K. GOFF
BENJAMIN L. HALL
[[Page 13520]]
JOHN M. HALLWORTH
KEENAN S. HARMAN
MARISSA C. HOBBS
ROY T. JOHNSTON
LEVI C. JONES
JOON H. KIM
ADRIAN S. LANEY
SCOTT F. LORD
CHRISTOPHER G. MACLEAN
WILLIAM J. MARPLE
DILLAN A. MASELLAS
CHAD S. MILTENBERGER
CASSANDRA C. MITCHELL
MICAH D. MUNDEN
LUKE C. OZECK
TIMOTHY D. PHILLIPS
JASON K. PONDER
DAVID C. REINHARDT
VERONIKA J. RICE
BRIAN E. SCOTT
JOSEPH M. STARK
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
DORIAN R. ACKER
MARCO P. AGRICOLI
CHABONNIE R. ALEXANDER
ERIC L. ALEXANDER
STEVEN D. ALEXANDER
JASON A. ALLNUTT
PETER D. ANDREW
JAMES L. ARKADIE, JR.
MICHAEL J. ARNOLD
BOWEN B. BOLSTAD
RICHARD S. S. BOSTIC
LANCE BREEDING
ERIC D. BROOKS
JASON M. BUERGER
THOMAS J. BUMPASS
ALAN L. BUSH
GARY L. CALLAHAN
ARON E. CALLIPO
MARIO E. CANAS
JOHNNY M. J. CAPORUSCIO
STACEY M. CARFLEY
RALPH J. CARLTON, JR.
SCOTT L. CARPENTER
CHARLES H. CARTER, JR.
PAUL S. CASTILLO
DARREN L. CATLOW
DAVID C. CHANDLER
NICHOLAS D. CHIUDIONI
DAVID J. CHUMLEY
CHAD C. COLLINS
JACK R. COLLINS
ALLEN L. CORDOVA
RICHARD J. COSENDINE
TODD E. COVINGTON
MICHAEL J. DASCH
DENISE T. DAVIS
JONATHAN R. DAVIS
THOMAS L. DEMPSEY
JEFFREY A. DOODY II
DUSTIN S. DOOLEY
PAUL S. DUBOSE
ADRIAN R. ECHEVARRIA
ALAN D. EGGEMEYER
TONI R. FADDEN
VINCENTSUNDAY C. FALCON
BRIAN M. FINGER
JAMES M. FLAHERTY
GEOFFREY W. FLOWERS
KARLA V. FUENTES
MICHAEL GALARZA II
JESUS A. GARCIA
TRAVIS S. GARLAND
JESSE W. GASKELL
FRANK J. GATES II
SCOTT T. GEBEL
TIMOTHY K. GEILENFELDT
BRIAN S. GIBSON
MICHAEL B. GNACINSKI
JASON GONZALEZ
CHAD A. GROSS
MARCO M. GUIDI
ARISTILE S. GUIDRY
DAVID B. HADAWAY
GREGORY R. HAND
DARBY D. HARVILLE
MATTHEW A. HATLEVIG
PRESTON S. HOOPS
MARK A. HOVAN
CHRISTOPHER M. JOHNSON
LARRY L. JOHNSON II
TANYA S. JONES
WILLIE J. JORDAN
ANITRA W. JOSEPH
JASON B. KAPLAN
DENNIS A. KEE
DAVID R. KESSLER
TERRY J. KHAN
JEFFREY S. KING
LEMONT L. KING
RODNEY M. KING
TIMOTHY E. KING
JASON S. KNEELAND
RICHARD L. KRIENER
ALEXANDER N. LAMIS
SEAN P. LENNON
MICHAEL F. LEONE
GERALD A. LILLY II
JASON C. LOVELL
SCOTT A. LUDWIG
JOSEPH H. LUTHY
ZACHARY A. MACDONALD
JAMES F. MANNING
DOUGLAS E. MARTIN
KEVIN L. MARTIN
FREDRICK W. MASTEN, JR.
NATHAN M. R. MCCOY
LAVEDA C. MCDANIEL
DERMOT P. MCKENNA
SHANNON D. MCNIEL
SCOTT A. METCALF
GREGORY S. MILLER
JACOB A. MONN
DAVID P. MOSES
DAVID E. NELSON
MICHAEL M. NEWBY
BRIAN E. NEWCOMB
JASON J. NORVILLE
JOHN J. ORAVITZ, JR.
JIMMY J. PAVELKA
MICHAEL E. PEARNE
JOHN PETERS
SHELTRIC PETERSON
JUSTIN M. PORTZ
MATTHEW D. POST
BRIAN C. PROUT
JASON E. RACE
MARLON J. RAMSEY
CHRISTOPHER J. RASTRELLI
JASON D. REDMAN
JAVIER T. RIVERA
DANA P. ROCKOT
TIMOTHY W. ROE
DEREK S. SADZINSKI
MICHAEL J. SALSGIVER
MATTHEW T. SCHELL
LAWRENCE G. SCOTT, JR.
JOSE SELLES
TRAVIS W. SEMONES
JASON M. SETLIFF
JEREMY J. SHIPLOV
BRIAN K. SNYDER
THEODOSIUS SOILES II
WAYLON P. SOMMER
JOSHUA D. STEHR
JEFFREY N. SUEKOFF
ABDOULAYE SYLLA
HOLLY R. TAYLOR
JAMES D. TAYLOR
ROBERT K. TAYLOR
CLAIBORN B. THOMPSON
JERRY R. TOFTE, JR.
EDGAR V. TOVAR
SEAN D. TRIPLETT
CHINUAH A. TWITTY
RAFAEL M. VILLARREAL
JOHN L. VINCENT
TRAVIS L. WADE
MICHAEL K. WILLIAMS
JULIAN G. WILSON III
CHARLES A. WOOD
JOHN A. WOODS
CAROL A. YEISER
NIGEL S. YODER
JASON YORK
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:
To be lieutenant commander
MICHAEL A. AMMENDOLA
KYLE C. BACHMAN
ANN C. BEDNASH
COLIN R. BOYLE
STEPHEN J. BREMER
JUSTINE A. CACCAMO
BRIA R. CHAMBERS
DEAK C. CHILDRESS
JEANPAUL CHRISTOPHE
ELIZABETH D. CLARKEGLYNN
BENJAMIN E. CLICK
PAUL A. COLON
LEWIS J. COOPER
RHIANNON L. CROTHERS
SETH I. EPHRUSSI
CHRISTOPHER R. EUBANKS
DANIEL R. FLEMMING
JAMES A. FOX, JR.
ERIC W. GARDNER
MICHAEL C. GARTNER
REBEKAH D. GERBER
LISA T. GREEN
JASON K. GREGOIRE
ERIN L. HALKIN
FREDRICK N. HARLAMBAKIS
KEVIN A. HOADLEY
AMY E. HOUGH
ADAM P. HUDSON
JEFFREY B. HUNTER
RICHARD F. JENSEN
DANIEL G. KERN
KEVIN N. LAMPING
KURTIS A. LOBAUGH
ADRIENNE A. MAESER
PETER C. MAKI
DOUGLAS M. MARKS
KRISTIAN S. MATTSON
DANIEL W. MCILVAINE
ABBY K. MENNERICH
SAMUEL A. MORGAN III
LAURA M. NICHOLS
TIMOTHY R. OCONNOR
EDSEL W. PATE
CHRISTOPHER J. PUTKO, JR.
MI K. D. QWYN
KEITH L. RINNE
SARA J. RUBIN
JOSEPH E. SANDERS
MATTHEW C. SCHOMAKER
EVAN K. SCOTT
LUCAS H. SEEGER
CAROLINE M. SEIDER
LAWRENCE W. SHREVE
KWASI R. SNEED
JOHN L. THOMAS
ANDREW P. THOMPSON
CASEY W. TWOBEARS
JACQUELINE E. VALAMOTAMED
BENJAMIN WANG
JOANNA L. WEST
GEORGE T. WHITTLE
STEVEN W. WILBUR
HASHIM A. WILLIAMS
ROSS E. WOLTJER
MICHAEL B. ZIMET
CONGRESSIONAL RECORD
United States
of America
September 22, 2016
[[Page 13521]]
EXTENSIONS OF REMARKS
____________________
HONORING JOAN MURPHY, LONG-TIME PUBLIC SERVANT
______
HON. DANIEL LIPINSKI
of illinois
in the house of representatives
Thursday, September 22, 2016
Mr. LIPINSKI. Mr. Speaker, I rise today to honor Joan Murphy, a
public servant for more than 4 decades, who passed away on September
18, 2016 at the age of 79. She had been fighting breast cancer since
2012 while bravely continuing to serve as a Commissioner on the Cook
County Board. During her long service, she was known as a champion for
working families and an advocate for greater involvement for women in
government.
Born in South Boston, Commissioner Murphy graduated from
Massachusetts State Teacher's College. Early in her career she was a
flight attendant for United Airlines as well as a real estate broker.
She began her long career in public service when she was elected
Crestwood's Village Clerk in 1965. She was the first woman elected to
that office, and became the first woman elected to be Worth Township
Clerk in 1977, a position she held for two terms. She would go on to
serve as the Worth Township Supervisor. In 2002 she was elected to
represent the 6th District on the Cook County Board of Commissioners
and served as the Chairperson for the Labor Committee and the Asset
Management Committee.
Commissioner Murphy is survived by her daughter Tricia, her sons, Tim
and Tony, and five grandchildren. Her husband Donald passed away from
leukemia after 43 years of marriage. She lost her son Donald, Jr. a
decade ago.
Mr. Speaker, I ask my colleagues to join me in honoring Commissioner
Joan Murphy, a truly committed public servant. Her long career in
government demonstrated her connection to her community and her passion
for improving the lives of those she worked for. She will be greatly
missed.
____________________
HONORING KINDALL HENNING
______
HON. SAM GRAVES
of missouri
in the house of representatives
Thursday, September 22, 2016
Mr. GRAVES of Missouri. Mr. Speaker, I proudly pause to recognize
Kindall Henning. Kindall is a very special young man who has
exemplified the finest qualities of citizenship and leadership by
taking an active part in the Boy Scouts of America, Troop 43, and
earning the most prestigious award of Eagle Scout.
Kindall has been very active with his troop, participating in many
scout activities. Over the many years Kindall has been involved with
scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community. Most notably, Kindall has
led his troop as the Senior Patrol Leader. Kindall has also contributed
to his community through his Eagle Scout project. Kindall constructed a
Veterans Memorial at the Faucett Community Center in Faucett, Missouri.
Mr. Speaker, I proudly ask you to join me in commending Kindall
Henning for his accomplishments with the Boy Scouts of America and for
his efforts put forth in achieving the highest distinction of Eagle
Scout.
____________________
IN RECOGNITION OF THE NEW ENGLAND HONOR FLIGHT
______
HON. FRANK C. GUINTA
of new hampshire
in the house of representatives
Thursday, September 22, 2016
Mr. GUINTA. Mr. Speaker, I rise today to recognize the New England
Honor Flight organization from Hooksett, New Hampshire. This great
organization is our local branch of the National Honor Flight
organization that provides our most senior veterans with an expense
paid trip to Washington, DC to visit our national war monuments.
The work done by this organization is truly outstanding. So many of
our nation's veterans have not had the opportunity to visit Washington,
DC to visit the monuments erected to pay honor to their service, and
the brave men and women who sacrificed their lives to protect the
freedoms and liberties of our great country. Many veterans serve their
country and do so humbly and quietly. They seek nothing more than the
benefits promised to them by our forefathers, and many do not even
pursue that which is entitled to them.
To date, the New England Honor Flight has led 42 flights to
Washington, DC, serving 1,474 veterans. Those veterans served include
37 Prisoners of War, 61 women, 21 sets of brothers, and 7 husband and
wife couples. Their next flight is scheduled for September 18th and
their remaining flights for the year are currently booked with veterans
that they will share this emotional experience with.
I am proud to join with my fellow Granite Staters in recognizing the
outstanding work the New England Honor Flight is doing to help support
and recognize our veterans, and wish them all the best on future
endeavors.
____________________
IN MEMORY OF ALEJANDRO DURAN
______
HON. ALAN S. LOWENTHAL
of california
in the house of representatives
Thursday, September 22, 2016
Mr. LOWENTHAL. Mr. Speaker, I'd like to remember a prominent Long
Beach resident, Mr. Alejandro Duran. He was respected and liked by many
in the community, known best for his work at the restaurant, Chianina,
in Naples. As an experienced chef, sommelier, and general manager,
Alejandro's extensive background and personality made him a popular
figure within Long Beach's culinary community.
Alejandro's experience with cooking spans over several years. Prior
to moving to Long Beach, he worked in Austin, Texas as a chef at the
Latin American restaurant, Malaga. Alejandro's entrepreneurial and
culinary skills helped project Malaga to prominent success. In 2013, he
moved to Long Beach, California and joined the Michael's Restaurant
Group as general manager of Chianina.
Alejandro was an active and energetic manager who often enjoyed
engaging with customers. He was a respected leader amongst the
restaurant staff for constantly motivating and supporting them.
Alejandro's devotion to Chianina helped make it one of the top ten
steak restaurants in the United States.
The sudden loss of Alejandro has been a devastating blow to the
community, Chianina, and his family. He is survived by his wife, Dana--
to whom he was happily married for eight years--and two daughters,
Isabella and Sofia--to whom he was devoted to raising. Alejandro
Duran's passing was sudden and shocking, but he will be remembered for
the lasting impact he left on the Long Beach community.
____________________
IN MEMORY OF DUANE ACKLIE
______
HON. ADRIAN SMITH
of nebraska
in the house of representatives
Thursday, September 22, 2016
Mr. SMITH of Nebraska. Mr. Speaker, I rise today in memory of Duane
Acklie of Lincoln, Nebraska, who passed away on September 17, 2016.
Duane was a successful entrepreneur who built one of America's
largest privately-owned trucking companies, but he was even more well-
known for his commitment to his community, his state, and his country.
Through numerous board memberships, appointments, and philanthropic
ventures, he continually gave of himself to benefit the state he loved.
Duane worked tirelessly and humbly at all levels of Nebraska politics
for more than 50
[[Page 13522]]
years. His influence will undoubtedly be felt for generations to come.
On behalf of all Nebraskans, I extend condolences to Duane's loving
wife of 62 years, Phyllis, and their family. Duane will be deeply
missed.
____________________
CONGRATULATING THE DELANEY FAMILY ON RECEIVING THE DISTINGUISHED FAMILY
BUSINESS AWARD
______
HON. BILL SHUSTER
of pennsylvania
in the house of representatives
Thursday, September 22, 2016
Mr. SHUSTER. Mr. Speaker, I rise today to congratulate the Delaney
family of the Delaney Automotive Group in Indiana, PA on earning the
Distinguished Family Business Award granted by the Indiana University
of Pennsylvania Center for Family Business.
The Distinguished Family Business Award is presented annually to a
family that has excelled in industry, contributed to the community, and
passed the business to the second generation or beyond. This award was
created to increase awareness of the critical role that family-owned
businesses play in our communities. As such, it helps honor those who
have truly made a difference.
Jack and Susan (Snell) Delaney opened Delaney Chevrolet on July 19,
1971, and have since grown the family business to include a number of
other dealerships in the Indiana area. What's more, they have shared
their personal successes with the community, as the Delaney Automotive
Group now employs more than 360 people across its locations.
Taking over as dealer operators at the Indiana and Greensburg
locations were sons Jack and Tom, respectively. The Delaneys also have
a daughter, Beth, who is an attorney in Philadelphia. With six
grandchildren and a seventh on the way, it's possible the business will
stay with the Delaneys for some time to come.
It is my pleasure to highlight the hard work and commitment that the
whole family has contributed to the successes of the Delaney Automotive
Group. The Delaney family and their business will surely continue to
benefit the greater Indiana, PA community for generations to come.
____________________
TRIBUTE TO GARY YAMAUCHI
______
HON. ADAM B. SCHIFF
of california
in the house of representatives
Thursday, September 22, 2016
Mr. SCHIFF. Mr. Speaker, I rise today to honor Gary Yamauchi for his
many years of dedicated public service to the City of Alhambra and the
greater Los Angeles community. After twelve years serving as a city
council member, which includes three-terms as mayor of Alhambra, Mr.
Yamauchi has demonstrated unparalleled leadership and commitment to
improving the lives of residents.
Before Gary served on the Alhambra City Council, he founded Tri-Star
Vending, a successful, full-service vending business, which operates
more than 600 machines and proudly serves major San Gabriel Valley
institutions such as the California Institute of Technology and East
Los Angeles College. Mr. Yamauchi's business is admired for its high-
quality service, and the opportunity it has afforded to individuals
rebuilding their lives through employment. A quarter of Tri-Star
Vending's employees are former gang members who received job training
through Homeboy Industries.
Mr. Yamauchi's strong desire to assist others and improve his
community pushed him to run for public office and in 2004 he was
elected to the Alhambra City Council. His success and loyalty to the
Alhambra community assured his re-election and he served as mayor twice
more in 2008 and in 2012.
Besides his involvement on the city council, Gary has demonstrated
his commitment to the Alhambra community serving as President and board
member of the Alhambra Chamber of Commerce, the Alhambra Rotary Club,
and the West San Gabriel Valley YMCA. Mr. Yamauchi has also served as
Vice President of the Alhambra Planning Commission, member of the San
Gabriel Valley Economic Development Council, and board member of the Go
For Broke National Education Center.
It is with great pleasure and gratitude that I congratulate Mr. Gary
Yamauchi today for his many years of service to the City of Alhambra.
The time and energy Mr. Yamauchi has put into improving the lives of
others is exemplary and greatly appreciated by Alhambra's residents. I
now ask all Members to join me in congratulating Gary Yamauchi,
successful businessman and devoted public servant.
____________________
RECOGNIZING STATE REPRESENTATIVE RICK WOMICK
______
HON. SCOTT DesJARLAIS
of tennessee
in the house of representatives
Thursday, September 22, 2016
Mr. DesJARLAIS. Mr. Speaker, I rise today to recognize Tennessee
State Representative Rick Womick, a constituent of Tennessee's Fourth
Congressional District who has distinguished himself through
outstanding public service to the people of the 34th House District and
all Tennesseans. He has faithfully served in the Tennessee General
Assembly from 2010 to 2016.
As a staunch conservative, Representative Womick's Christian faith
has guided him to safeguard the values we treasure: the United States
Constitution, the Tennessee Constitution, the constitutional amendment
prohibiting a state income tax in Tennessee, preserving states' rights,
the right to keep and bear arms, recognizing the serious threat of
radical Islam to America, and supporting Tennessee values.
Representative Womick has a lifelong record of preserving freedom and
protecting our country, having served in the United States Air Force as
an officer and an F-15 Fighter Pilot during the Gulf War. He has also
served as a Federal Law Enforcement Officer and presently serves as an
international commercial airline pilot.
This commendation is presented as recognition of Representative Rick
Womick's honored service to the people of Tennessee. I thank you for
your energy, enthusiasm, and dedication that epitomize our state
slogan: ``Tennessee . . . America at its Best.''
Best wishes to you and your family for great success in the future.
____________________
HONORING ETHEL SEIDERMAN
______
HON. JARED HUFFMAN
of california
in the house of representatives
Thursday, September 22, 2016
Mr. HUFFMAN. Mr. Speaker, I rise today in memory of Ethel Seiderman,
who passed away on July 26, 2016, after a lifetime of service to her
community. The daughter of Jewish immigrants from Poland, Ethel
developed a passion for children and social justice from growing up in
a working-class Bronx childhood.
While studying at Brooklyn College she met and married Stanley
Seiderman. In 1963 they left New York and made their home in San
Francisco, moving to Marin four years later. Mr. Seiderman, a family
counselor, died in 2005.
After founding the pioneering Fairfax-San Anselmo Children's Center
in 1973, Ethel went on to become nationally known as a passionate
advocate for early childhood education and social justice for needy
children and families. In later years, on behalf of the Parent Services
Project, Mrs. Seiderman traveled widely, teaching and lecturing in a
dozen states. In Marin, she advised child-care centers as well as a
dozen elementary and high schools. In 2006, she was honored with the
Beryl H. Buck Award for ``community giving in action.''
After running a nursery school in Terra Linda and working in child
care centers in San Francisco's African-American Fillmore District,
Mrs. Seiderman battled the state bureaucracy to get funding for the
Fairfax-San Anselmo Child Care Center, the first low-cost child care
center founded by a community member.
Mr. Speaker, the depth of Mrs. Seiderman's commitment to the
children, education, and social justice has left an indelible mark not
just on the community of Marin, but on children and families far and
wide. She was a formidable force whose presence will be missed by many.
It is therefore appropriate that we pay tribute to her today and honor
her memory.
____________________
HONORING ASSUMPTION GREEK ORTHODOX CHURCH ON THEIR 100TH ANNIVERSARY
______
HON. DANIEL LIPINSKI
of illinois
in the house of representatives
Thursday, September 22, 2016
Mr. LIPINSKI. Mr. Speaker, I rise today to honor the parishioners of
the Assumption Greek Orthodox Church of Homer Glen, Illinois, who are
celebrating the 100th Anniversary of their parish.
[[Page 13523]]
Established by the first Greek Settlement to come to Chicago Heights
in 1916, the Assumption Greek Orthodox Church has been an institution
in the community since its inception. The church was dedicated on
December 3, 1916, making it the first Greek Orthodox Church in
Chicagoland to be located outside the city limits. The church moved to
Olympia Fields, then temporarily to Orland Park, before settling in its
current location in Homer Glen.
In addition to liturgies and other church services, Assumption holds
many community and educational events. The church offers weekly Greek
classes as well as Sunday school and women's and young adult
philanthropy programs to foster a vibrant parish community. I would
like to commend Assumption for going above and beyond by being active
in the local community and expanding its reach to include education and
community work.
The hard work of Reverend Father Sotirios Dimitriou, or ``Father
Sam'' as he is affectionately known, has been integral to the success
of the parish. He is well deserving of praise along with the
outstanding parishioners who strive to improve the strength of the
church and its worshippers.
Mr. Speaker, I ask my colleagues to congratulate Father Sam and all
the parishioners of Assumption Greek Orthodox Church on one hundred
wonderful years of withstanding the test of time and continuing to
minister to the faithful.
____________________
CELEBRATING THE 60TH ANNIVERSARY OF THE ABINGDON RURITAN CLUB
______
HON. ROBERT J. WITTMAN
of virginia
in the house of representatives
Thursday, September 22, 2016
Mr. WITTMAN. Mr. Speaker, I rise today to recognize the 60th
Anniversary of the Abingdon Ruritan Club located in Gloucester County,
Virginia. The club was chartered on October 8, 1956 by only 29 members
who came together to support fellowship, goodwill, and community
service. After 60 years, the Abingdon Club has become the third largest
of all Ruritan Clubs in the country.
Throughout the Abingdon Club's 60 years, it has stayed committed to
its founding principles of contributing to the public good. The Club
has shown its support of the veterans of the First District by
delivering care packages to VA Hospitals. Club members have also
dedicated time to protecting our environment and natural resources.
They participate regularly in the Gloucester County Clean Up and plant
Sea Grass to help preserve our Virginia coastline.
Moreover, the Abingdon Club has donated its time and membership to
helping the children of Gloucester by giving gifts at Christmas time,
supplying stuffed Rudy Bears to the Sheriff's Department for children
in vulnerable situations, and offering college scholarships.
The Abingdon Ruritan Club has made our community in the First
District of Virginia a better place. Mr. Speaker, I ask you to join me
in congratulating them on 60 years of service and wish them many more
to come.
____________________
RETIREMENT OF MR. HOWARD L. DONALDSON FROM GOVERNMENT SERVICE
______
HON. DOUG LAMBORN
of colorado
in the house of representatives
Thursday, September 22, 2016
Mr. LAMBORN. Mr. Speaker, I rise today to honor a great American on
his ``third and final'' federal service retirement. Mr. Howard L.
Donaldson achieved an impressive career serving our nation in both
military and civilian capacities for almost 44 years. His superb
military service began as an ROTC Army Artillery Officer in 1969, and
continued following a break to earn a Juris Doctor degree (with Honors)
from Golden Gate University, becoming barred in California. Mr.
Donaldson returned to duty as an Air Force Staff Judge Advocate,
serving in three Air Force wings, 16th Air Force, Headquarters Pacific
Air Forces, Air Force and United States Special Operations Commands. He
was a noted civil law instructor at the Air Force Judge Advocate
General School, and a barred U.S. Supreme Court lawyer. Mr. Donaldson
garnered several awards, including two ``Outstanding Judge Advocate of
the Year'' command citations. As 16th Air Force Staff Judge Advocate
Mr. Donaldson helped enforce the Dayton Peace Accords in the former
Yugoslavian Republic air conflicts.
After 28 years of active duty service, Colonel Donaldson postponed
his retirement to take a final assignment as the HQ US Special
Operations Command Staff Judge Advocate. He served until a mandatory
retirement date, retiring the ``first'' time only to be recalled to
active duty. His ``second'' military retirement occurred in June 2003,
with nearly 31 years of military commissioned service to the nation. In
June 2003 Mr. Donaldson then embarked on civilian service as counsel to
NORAD/USNORTHCOM. He received the Armed Forces Civilian Service medal
for his participation in the support of the Global War on Terrorism. He
also provided invaluable legal advice to the commander during hurricane
KATRINA, the Haiti earthquake, Russian Long-Range Aviation threat
responses, North Korean missile launches, pandemic preparation, CONUS
Natural Disaster coordination, and countless USNORTHCOM National
Special Security Events.
Howard and his supportive wife Sally have traveled the world and
sacrificed in and out of uniform while serving our country. I salute
this modern American patriot who has provided over four decades of
federal contribution. Godspeed Howard and Sally in your ``final''
government retirement.
____________________
HONORING NATHAN JACOB
______
HON. SAM GRAVES
of missouri
in the house of representatives
Thursday, September 22, 2016
Mr. GRAVES of Missouri. Mr. Speaker, I proudly pause to recognize
Nathan Jacob. Nathan is a very special young man who has exemplified
the finest qualities of citizenship and leadership by taking an active
part in the Boy Scouts of America, Troop 1376, and earning the most
prestigious award of Eagle Scout.
Nathan has been very active with his troop, participating in many
scout activities. Over the many years Nathan has been involved with
scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community. Most notably, Nathan has
earned the rank of Warrior in the Tribe of Mic-O-Say and become an
Ordeal Member of the Order of the Arrow. Nathan has also contributed to
his community through his Eagle Scout project. Nathan erected and
installed two poles with directional signage for the Fountain Bluff
Sports Complex in Liberty, Missouri.
Mr. Speaker, I proudly ask you to join me in commending Nathan Jacob
for his accomplishments with the Boy Scouts of America and for his
efforts put forth in achieving the highest distinction of Eagle Scout.
____________________
RECOGNIZING REX KAUP'S SERVICE AND COMMITMENT TO HIS COMMUNITY
______
HON. BILL SHUSTER
of pennsylvania
in the house of representatives
Thursday, September 22, 2016
Mr. SHUSTER. Mr. Speaker, I rise today to congratulate Rex Kaup on
receiving the Kiwanis Club of Altoona's Distinguished Citizen Award.
The award is given by the Altoona Kiwanis Club each year to recognize
the recipient's outstanding service and longstanding commitment to the
community. Mr. Kaup is a partner of Young, Oakes, Brown & Company P.C.
in Altoona, Pennsylvania, where he has had an impactful involvement
with various business and community organizations. He has also served
on the Penn State Altoona Alumni Society Board of Directors and has
been an active member of the Rotary Club of Altoona for 30 years, never
missing an opportunity to be of assistance to his community.
Mr. Speaker, the example set by Rex is one we all should strive for.
His willingness to serve his community and Pennsylvania sets him apart
as an outstanding individual and I am honored to represent him in the
United States Congress. I ask that all of my colleagues in the United
States House of Representatives join me in congratulating Rex for this
achievement and wishing him nothing but continued success.
____________________
IN RECOGNITION OF THE U.S.-REPUBLIC OF GEORGIA PARTNERSHIP
______
HON. DUNCAN HUNTER
of california
in the house of representatives
Thursday, September 22, 2016
Mr. HUNTER. Mr. Speaker, the Republic of Georgia is a trusted friend
and partner of the United States. I firmly support Georgia's
sovereignty, security and prosperity, and I wish to
[[Page 13524]]
congratulate Georgians on the remarkable democratic and economic
progress they have achieved in 25 years of independence since the fall
of the Soviet Union.
I would particularly like to call attention to the United States'
unwavering security partnership with Georgia, whose armed forces
participate in international missions worldwide, including the Resolute
Support Mission in Afghanistan where Georgia is contributing more
personnel than any other non-NATO member. I know the United States
deeply appreciates Georgia's contributions to these missions and honors
its sacrifices. Our important security relationship with Georgia
continues to grow through ongoing regional efforts like the European
Readiness Initiative and expanded bilateral cooperation. And our two
countries are working closely to boost our mutual security, build
Georgia's resilience and self-defense capabilities and create a safer
region and world. In this context, I remain deeply concerned about
Russia's continued occupation of Abkhazia and South Ossetia and believe
Russia must fulfill its obligations under the 2008 ceasefire agreement.
The United States is steadfast in our support for Georgia's sovereignty
and remains committed to helping Georgia achieve its goal of NATO and
European Union membership and full integration into European
institutions.
Georgia is preparing for parliamentary elections in October, an
important test of the country's civic institutions and democratic
practices. Georgia's continued democratic maturation depends on free
and fair elections in a pluralistic media environment. And it is
critical for Georgia to sustain progress in enacting its reform agenda,
particularly in the justice sector, which will both further strengthen
our bilateral partnership and prove to Georgians that their government
is working for them. Progress has not come without difficulty, but the
commitment of the Georgian people has made Georgia a true standout in a
difficult region and an important partner of the United States.
Again, I would like to congratulate the Republic of Georgia on
reaching this significant milestone and recognize the importance of our
continued close partnership.
____________________
TRANS-PACIFIC PARTNERSHIP
______
HON. BARBARA LEE
of california
in the house of representatives
Thursday, September 22, 2016
Ms. LEE. Mr. Speaker, I join my colleagues in the Congressional
Progressive Caucus in strong opposition to the Trans-Pacific
Partnership.
When it comes to trade deals and American jobs, Congress should NEVER
be a rubber stamp.
As the representative from California's beautiful 13th Congressional
district, I have the honor and privilege of representing the Port of
Oakland, one of our nation's busiest sea and airport facilities.
I support trade because it is critical to the economy of my district
and our nation.
But trade is only good when it's fair, open, transparent and creates
good-paying American jobs. The TPP fails to meet even one of these
standards.
Quite simply, TPP is a bad deal that would ship American jobs
overseas and help the 1 percent reap even greater profits.
The American people aren't fooled by TPP. The vast majority of
Americans--including people from both parties--oppose the Trans-Pacific
Partnership.
In particular, I'd like to highlight how previous bad trade deals
have hurt American workers, families and businesses, especially in
communities of color.
Since 1994, one in four manufacturing jobs in my home state of
California has been lost because of NAFTA and other WTO agreements.
But this didn't just happen in California. From 1998 through 2012,
under NAFTA:
79,000 manufacturing jobs, nearly half of manufacturing jobs, were
lost in St. Louis,
82,000 manufacturing jobs, also nearly half of manufacturing jobs,
were lost in Cleveland, and
25,000 manufacturing jobs were lost in Baltimore.
Given the large number of people of color in these cities, these jobs
lost took a particular toll on these communities.
In fact--nationwide, thirty-five percent of jobs lost because of our
trade deficit with China came from communities of color.
For those that lost their jobs, the situation went from bad to
worse--when they finally found a new job, not an easy task in many
communities of color, their paychecks were cut by nearly 30 percent.
This is outrageous. These lost jobs and wages cost these communities
of color more than 10 million dollars each and every year.
As Members of Congress, we simply cannot allow another, even worse
trade deal to drive these communities deeper into poverty.
But it isn't just jobs and paychecks that will suffer under the TPP;
critical labor standards, environmental protections and human rights
would be eroded as well.
It would also restrict access to lifesaving drugs and artificially
inflate drug prices.
As co-chair of the bipartisan HIV/AIDS Caucus, I want to highlight
that in July 2015, UNAIDS warned against the TPP's TRIPS-plus (Trade-
Related Aspects of Intellectual Property Rights) measures because of
negative impact on developing countries.
This is why my colleagues and I are here saying NO to the TPP.
It was negotiated in secret back rooms by special interests and
multinational corporations. Nothing in this deal is good for the
American people.
Far from being the most progressive trade deal ever--this deal will
ship American jobs overseas and create a race to the bottom for wages,
environmental protections, labor standards and human rights.
Let me be clear, the American people deserve better.
We need a fair deal that creates U.S. jobs and grows our economy. We
will continue to fight against this bad deal.
____________________
IN CELEBRATION OF MR. LIONEL LEBLANC'S 91ST BIRTHDAY
______
HON. FRANK C. GUINTA
of new hampshire
in the house of representatives
Thursday, September 22, 2016
Mr. GUINTA. Mr. Speaker, I would like to express my congratulations
to Lionel Leblanc in celebration of reaching his 91st birthday.
As he reflects on the great memories that have highlighted the past
ninety-one years, I know he will think fondly on all that he's
accomplished and the positive impact he's had on New Hampshire.
Mr. Leblanc is an ardent patriot who proudly served his country with
the Army Air Corps during World War II. As a member of the greatest
generation he continued to serve his country for 38 years in what would
later become the U.S. Air Force, retiring as a Master Sergeant and
specialist in Weapons Systems Maintenance. Once separated from the Air
Force, Lionel continued to serve his fellow veterans as a Commander of
the Veterans of Foreign Wars and remains to this day a strong supporter
of numerous veterans groups and charities in the state. His dedication
to his fellow veterans has not been forgotten and I know they all join
with me in wishing him a very happy birthday.
It is with great admiration that I congratulate Mr. Leblanc on
achieving this wonderful milestone, and wish him the best on all future
endeavors.
____________________
IN RECOGNITION OF EXECUTIVE VICE PRESIDENT JOHN C. FISHER, OHIO FARM
BUREAU
______
HON. ROBERT E. LATTA
of ohio
in the house of representatives
Thursday, September 22, 2016
Mr. LATTA. Mr. Speaker, it is my privilege to recognize John C.
``Jack'' Fisher, the Executive Vice President of the Ohio Farm Bureau
for his dedicated service to Ohio agriculture.
Throughout his career, Jack worked tirelessly to make agriculture a
true asset and economic driver for the state of Ohio. He vision has
allowed Ohio to continue to be at the forefront of agriculture, which
is vital for American and global success. Jack's ability to bring
different groups together for productive dialogue has helped ensure the
continued fostering of innovation and collaboration. His management has
been invaluable to the agricultural community in the state.
Ohio, the agricultural community, and the Farm Bureau will truly miss
his leadership, and I extend my deepest thanks to Jack for his service
and I wish him well in retirement.
[[Page 13525]]
____________________
HONORING 60 YEARS OF CAULKINS JEWELERS
______
HON. BARBARA COMSTOCK
of virginia
in the house of representatives
Thursday, September 22, 2016
Mrs. COMSTOCK. Mr. Speaker, I would like to acknowledge my
constituent, Stanley Caulkins, and his jewelry store, Caulkins
Jewelers, on celebrating 60 years of business in Leesburg, Virginia.
Before opening his own store, Mr. Caulkins' life took him down many
paths. During the Second World War, Mr. Caulkins served his nation as a
radio operator on a B-17 Bomber, upon returning home he attended
Montgomery Jr. College and the Peter School of Horology in Washington,
DC. In 1950, Stanley began working for a local jeweler on South King
Street repairing watches and jewelry before buying his own store in
1956. Ever since, Caulkins Jewelers has been a fixture of the Leesburg
community.
Mr. Caulkins has also been an active in the Leesburg community. In
addition to being the longest serving individual retailer in town, in
1962 he started the Downtown Renaissance in an effort to beautify
downtown Leesburg. Mr. Caulkins has also served on the town council,
the airport commission, and as Secretary, Treasurer, and President of
the Leesburg Rotary Club. At 90 years of age, Stanley continues to
diligently serve his community.
Mr. Speaker, I ask that my colleagues join me in recognizing Stanley
Caulkins and Caulkins Jewelers as they celebrate this milestone. His
dedication to both Caulkins Jewelers and Leesburg, Virginia has made
him a friendly face in the Leesburg community. I wish Mr. Caulkins all
the best in his future endeavors.
____________________
HONORING THE CAREER AND ACCOMPLISHMENTS OF AUDRA McDONALD
______
HON. JIM COSTA
of california
in the house of representatives
Thursday, September 22, 2016
Mr. COSTA. Mr. Speaker, I rise today to recognize Audra McDonald as
she is recognized with the National Medal of Arts award, presented by
the President of the United States.
The National Medal of Arts award is the highest award given to
artists by the United States government, and Audra has undoubtedly
earned the prestigious award.
Audra's successful acting and singing career began in her hometown,
Fresno, California. Audra grew up in California's San Joaquin Valley
and was raised by her mother, Anna, and late father, Stanley. Her
parents taught Audra and her sister, Allison, the importance of hard
work and dedication. At age 9, Audra joined the Good Company Players'
junior company, and soon after, landed a role with Dan Pessano and the
Good Company Players.
Audra is a graduate of Roosevelt High's School of Arts program. She
continued her education in the arts at Juilliard School and graduated
in 1993. Audra has seen great success on Broadway and in the Opera. In
addition to having won three Tony Awards by the age of 28, Audra is the
recipient of two Grammy Awards, an Emmy Award, Drama Desk Awards and
Outer Critics Circle Awards.
Most notably, Audra is the recipient of six Tony Awards, making her
the most statue-laden Tony Award winner. Audra's most recent Tony Award
was for her incredible portrayal of Billie Holiday in Lady Day at
Emerson's Bar and Grill.
Not only is Audra an exceptional actress, but also a wonderful person
who is involved in various philanthropic endeavors. She actively gives
back to her community and seeks to improve the lives of those around
her. Audra is a strong champion for the LGBTQ community, ensuring that
all people, regardless of their sexual orientation or gender identity,
are treated equally.
Audra is a source of inspiration and pride for the San Joaquin Valley
and our entire nation. Mr. Speaker, it is with great respect that I ask
my colleagues to join me in recognizing Audra McDonald as she receives
the National Medal of Arts for her lifelong career as a singer and
actress.
____________________
IN CELEBRATION OF THE BIRTH OF NOAH ALEXANDER CORTS
______
HON. FRANK C. GUINTA
of new hampshire
in the house of representatives
Thursday, September 22, 2016
Mr. GUINTA. Mr. Speaker, I am happy to congratulate my constituents
Stephanie Corts and her husband, Alexander Corts, on the birth of their
son. Noah Alexander Corts was born at 12:01 a.m. on Wednesday, July 27,
2016, at Lakes Region General Hospital in Laconia, New Hampshire. Noah
weighed seven pounds and five ounces and measured 19 inches. He is the
first child for the happy couple and I look forward to watching him
grow as he is raised by talented parents who will be dedicated to his
well-being and bright future.
I would also like to congratulate Noah's grandparents, Adam and
Michelle Downs of Meredith, New Hampshire, and Irene and Jochen Corts
of Remschied, Germany. Congratulations to the entire Downs and Corts
families as they welcome their newest addition of pure pride and joy.
____________________
PROTECTING REFUGEES: CAMP LIBERTY
______
HON. TED POE
of texas
in the house of representatives
Thursday, September 22, 2016
Mr. POE of Texas. Mr. Speaker, an estimated 1,200 Iranian dissidents
remain in Camp Liberty in Iraq at the mercies of the pro-Iranian
government in Baghdad. These refugees, mainly members of the People's
Mujahedin of Iran (otherwise known as the MEK) are unarmed, innocent
people who have been forced to flee their homes because of their
opposition to the tyrannical theocratic regime in Tehran. They have
endured decades of exile outside of Iran marked by continuous suffering
and persecution.
Since 2013, seven rocket attacks have targeted Camp Liberty, wounding
hundreds and killing at least 139 residents. All of these attacks are
believed to have been carried out either by Shiite militias in Iraq
linked to the Iranian regime or by agents of the Iranian Quds Force. No
one has been held accountable for these attacks. In fact, no one has
even been arrested. Despite the fact that the Iraqi government signed a
Memorandum of Understanding ensuring the safety and security of the
residents of Camp Liberty, it appears that the Iraqi government's
subservience to Iran takes precedence.
These dissidents are not safe in Iraq and must be relocated as soon
as possible to some other country. Thankfully, 1,800 residents have
already been resettled outside of the country, particularly in Albania,
which took in the most recent batches of refugees leaving Camp Liberty
in early August. However, recent reports from MEK sources within Tehran
now suggest that the Quds Force is contemplating another major strike
on Camp Liberty before the remaining refugees are allowed to leave. At
the same time, Quds Force-linked paramilitary forces have been
increasing their presence in Baghdad International Airport--a troubling
sign that could presage another strike on the camp that is located not
too far from the airport.
The Iranian government would like to extend the reign of terror it
wages at home against any and all people who speak out against it--
including the dissidents in neighboring Iraq. How many more people have
to die? How many more times will unarmed refugees be attacked by
rockets? The Iraqi government must live up to its commitment and
protect these refugees until every last one of them finds his or her
way to safety.
And that's just the way it is.
____________________
OUR UNCONSCIONABLE NATIONAL DEBT
______
HON. MIKE COFFMAN
of colorado
in the house of representatives
Thursday, September 22, 2016
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 $19,524,335,895,543.03. We've added
$8,897,448,846,729.95 to our debt in 7 years. This is over $8.8
trillion in debt our nation, our economy, and our children could have
avoided with a balanced budget amendment.
[[Page 13526]]
____________________
IN RECOGNITION OF A FARM LESS ORDINARY
______
HON. BARBARA COMSTOCK
of virginia
in the house of representatives
Thursday, September 22, 2016
Mrs. COMSTOCK. Mr. Speaker, I rise to recognize Maya Weschler and
Greg Masucci of A Farm Less Ordinary in Loudoun County for the creation
of this extremely important organization. A Farm Less Ordinary strives
to provide a compassionate and useful service through the agricultural
industry to both Loudoun County and the Commonwealth as a whole.
Maya Weschler and Greg Masucci moved to Loudoun after buying a family
farm, where they sought to provide a safe and calm environment to raise
their family. After seeing the positive impact the farm had on their
autistic son Max, Maya and Greg decided to learn more about farming and
to establish a place for others who faced disabilities to learn
valuable work skills. Their farm has grown into an organization that is
able to provide a sympathetic place of work and competitive
compensation for their workers, who come from their partner
organizations in Loudoun and Clarke County.
Maya Weschler and Greg Masucci strongly believe in being good
stewards of the land and caring for the environment. Perhaps most of
all, the couple firmly believes in giving back to the community through
their organization and their Community Supported Agriculture network.
The success of Maya and Greg is a tremendous accomplishment and their
aspirations for expansion are admirable.
Mr. Speaker, I ask that my colleagues join me in congratulating Maya
Weschler and Greg Masucci for their service to the community through A
Farm Less Ordinary. I wish them all the best in their future endeavors.
____________________
CELEBRATING THE LIFE OF BROTHER DABNEY NAPOLEON MONTGOMERY
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Thursday, September 22, 2016
Mr. RANGEL. Mr. Speaker, I rise in honor to join our Nation, New York
State and The Village of Harlem as we celebrate the life of and pay
tribute to our beloved American Hero, Brother Dabney N. Montgomery, who
made his transition to his Lord and Savior on Saturday, September 3,
2016. A fellow member of Alpha Phi Alpha Fraternity, Inc. and patriarch
of Harlem's historic Mother African Methodist Episcopal Zion Church,
Dabney N. Montgomery was a member of the ground crew of the famed
Tuskegee Airmen and served as a bodyguard for Reverend Dr. Martin
Luther King, Jr. during the historic 1965 March from Selma to
Montgomery, Alabama.
Dabney N. Montgomery was born in Selma, Alabama on April 18, 1923 to
Dred and Lula Anderson Montgomery. Brother Montgomery was drafted into
the Army Air Corps during World War II and served in the 1051st
Quartermaster Trucking Company of the 96th Air Service Group, attached
to the 332nd Air Fighter Group, as a ground crewman with the Tuskegee
Airmen in southern Italy from 1943 to 1945. During his heroic service,
Brother Montgomery was awarded a Good Conduct Medal, the WWII Victory
Medal, the European African Middle Eastern Service Medal with two
Bronze Stars, a Service Award, the Honorable Service Medal, and a Basic
Driver and Mechanic Medal.
After the War, he enrolled into Livingstone College, Salisbury, North
Carolina, and received a B.A. degree in Religious Education. He served
as a Charter Member of the Sphinx Club and was one of the first to be
admitted into the Gamma Mu Chapter of the Alpha Phi Alpha Fraternity.
In 1955, Brother Montgomery joined Mother African Methodist Episcopal
Zion Church--the oldest Black Church in the State of New York,
organized in 1796 in Harlem, New York, and immediately began to serve
as Sunday School Teacher.
To give you some content and background, Tuskegee University was
awarded the U.S. Army Air Corps contract to help train America's first
Black military aviators because it had already invested in the
development of an airfield, had a proven civilian pilot training
program and its graduates performed highest on flight aptitude exams.
What makes the story of prominent New Yorkers such as Captain Roscoe C.
Brown, Jr., Intelligence Officer Percy Sutton, Lieutenant Colonel Lee
Archer, Jr., Armorer Joseph Herman Spooner and Grounds Crewman Dabney
N. Montgomery remarkable, is their selflessness and devotion to a
country, despite the segregation and barriers they faced. They were
willing to put their lives on the line for American values and freedoms
even when discrimination compromised their own rights and liberties.
Through their patriotism, the walls of segregation were finally removed
from our Armed Forces on July 26, 1948.
The great exploits and historic successful missions carried out by
Grounds Crewman Dabney N. Montgomery and the Tuskegee Airman fighting
group, who never lost a bomber on their watch, was never properly
recognized by this United States government until I introduced and
proudly sponsored Bill H.R.-1259. This bill, passed by Congress in
2006, awarded the Congressional Gold Medal, our highest civilian honor,
to the Tuskegee Airmen. On March 29, 2007, my good friend attended the
ceremony in the U.S. Capitol Rotunda, where he and the other Tuskegee
Airmen, collectively, not individually, were awarded the Congressional
Gold Medal in recognition of their service.
Brother Dabney Napoleon Montgomery left his indelible mark on this
earth as a war hero, Veteran, moral leader, educator, husband and
godfather to many devoting his life to the betterment of all humankind,
community, and country. In honor of Brother Montgomery's Civil Rights
legacy, ``The Heels'' from the shoes he wore in the 1965 historic march
from Selma to Montgomery will hang in the National Museum of African
American History and Culture in Washington, DC, which opens September
24, 2016.
I join my colleagues and the rest of the nation as we say goodbye and
pay tribute to our beloved brother, Dabney Napoleon Montgomery, a true
American hero.
____________________
CELEBRATING THE KIWANIS CLUB OF TOLEDO'S 100TH ANNIVERSARY
______
HON. MARCY KAPTUR
of ohio
in the house of representatives
Thursday, September 22, 2016
Ms. KAPTUR. Mr. Speaker, I rise today to recognize the centennial
celebration of the Kiwanis Club of Toledo. Members will gather in
downtown Toledo on Friday, September 23 to celebrate this milestone.
Only the ninth club in the United States, the Toledo club was
chartered on May 8, 1916. Originally thought of as a ``businessmen's
club'' to promote local business, World War 1 changed the focus to that
of community service with the members raising funds for the American
Red Cross' wartime services. Club membership grew as community service
became firmly established. Its focus was on children, with many
activities for the youth of Toledo, orphans and Boy Scouts.
According to the club's history, ``The name `Kiwanis' comes from a
Native American term `Nun Keewanis' which means `I make noise.' The
Kiwanis International motto is `We build.' The Kiwanis Club of Toledo
has taken these two expressions to heart . . . As a thriving
organization of men, women and youth; we are dedicated to serving the
children of Toledo and improving the quality of life worldwide.''
The Kiwanis Club's commitment to Toledo and its young people runs
deep. The Club sponsors scholarships for high school seniors, adopted
central city schools and provides fun and opportunities for the
children in those schools, financed the facility housing Assistance
Dogs of America, provides for after school tutoring at the Boys and
Girls Club and an annual fishing derby and Punt, Pass & Kick program,
donated an elephant and the Living Stream at the Toledo Zoo, and
supported various activities at Woodward High School in Toledo, the
University of Toledo, the YMCA, Easter Seals Summer Camp, Toledo
Hearing & Speech Center, and Bethany House shelter for women and their
children. By no means complete, this list illustrates the many
contributions made by members of the Kiwanis Club and their passion for
service to our youth. In keeping with the spirit of giving to Toledo's
children, the Kiwanis Club of Toledo has initiated a Centennial
Project, partnering with the Toledo Mud Hens baseball club in ventures
which will enhance the ballpark experience for families.
The members of Toledo Kiwanis have led by example for a century of
service. Members have passed on a strong sense of community through the
decades, demonstrating by word and deed the high ideals of Kiwanis and
the dedication of its members. To the men, women and families of the
Toledo Kiwanis Club, we take the opportunity of this centennial
celebration to say ``Thank you.'' Let us express our gratitude as we
reflect on the past century of Kiwanis' constancy of service and
leadership for community betterment. May this new century yield
committed citizens of equal
[[Page 13527]]
measure who rise above self to promote the common good.
____________________
CONGRATULATING GINNY THRASHER ON RECEIVING OLYMPIC GOLD IN THE 10 METER
AIR RIFLE
______
HON. BARBARA COMSTOCK
of virginia
in the house of representatives
Thursday, September 22, 2016
Mrs. COMSTOCK. Mr. Speaker, I rise to recognize Ms. Ginny Thrasher of
Springfield, Virginia, on winning Olympic Gold at the 2016 Rio
Olympics. Her dedication, hard work, and athletic prowess earned her
the highest honor in the women's 10 meter air rifle event. This
achievement is reserved for the most elite athletes in the world, and I
am proud one of Virginia's own has joined their ranks.
Ms. Thrasher's hard work, perseverance, and excellence are
exemplified in her winning this medal. Winning the first Gold of the
tournament, Ms. Thrasher led the way as the United States dominated
their competition, winning 46 Gold medals during the 2016 Rio Olympics.
We need to recognize and encourage the dedication that athletes like
Ms. Thrasher display toward their sports. It is this dedication that
creates the level of excellence that Ms. Thrasher has achieved.
In addition to her Olympic greatness, Ms. Thrasher also helped the
West Virginia Mountaineers win a fourth consecutive NCAA championship
as she won the individual small-bore and air rifle titles at the event.
She also holds more than 20 national and international records in her
sport.
Mr. Speaker, it is my honor to highlight the importance of this award
and what it represents for Ms. Thrasher, our great nation, and the
Commonwealth of Virginia. I ask that my colleagues join me in
congratulating Ms. Thrasher on winning Olympic Gold in the women's 10
meter air rifle. I wish her all the best in her future endeavors.
____________________
PERSONAL EXPLANATION
______
HON. RICHARD M. NOLAN
of minnesota
in the house of representatives
Thursday, September 22, 2016
Mr. NOLAN. Mr. Speaker, had I been present and voting on Roll Call
Number 496, I would have voted AYE.
Had I been present and voting on Roll Call Number 497, I would have
voted AYE.
____________________
COMMEMORATING DOUBLE TEN DAY
______
HON. MIMI WALTERS
of california
in the house of representatives
Thursday, September 22, 2016
Mrs. MIMI WALTERS of California. Mr. Speaker, Monday, October 10 is
Taiwan's National Day--also known as Double Ten Day.
The United States and Taiwan enjoy a longstanding relationship that
stems from our shared values: democracy, the rule of law, and free
elections. Taiwan is an increasingly important partner for our national
security, and it is also one of our strongest economic partners. In
fact, it was our ninth largest trading partner in 2015. Additionally,
Taiwan is California's fifth largest export market in Asia, and seventh
largest export market in the world.
As Taiwan celebrates Double Ten Day, I would like to take the
opportunity to support Taiwan's participation in the international
community. The 39th Triennial Assembly of the International Civil
Aviation Organization will take place next week. Three years ago,
Congress enacted a law instructing the U.S. Government to facilitate
Taiwan's participation in the International Civil Aviation Organization
assembly as an observer. I am pleased to see that Taiwan is invited
again this year.
I wish the people of Taiwan a Happy Double Ten Day, and I look
forward to many more years of the friendship with Taiwanese people.
____________________
IN HONOR OF DR. ROBERT L. WRIGHT
______
HON. SANFORD D. BISHOP, JR.
of georgia
in the house of representatives
Thursday, September 22, 2016
Mr. BISHOP of Georgia. Mr. Speaker, I rise today to recognize a
talented businessman, philanthropist, and civil rights activist, Dr.
Robert Lee Wright, who served as Chairman of the National Museum of
African American History and Culture (NMAAHC) Plan for Action
Presidential Commission. Dr. Wright played an integral role in the
development of this nation's greatest tribute to the tragic but
triumphant story of the African-American community. The National Museum
of African American History and Culture is a crucial patch that has
finally and rightfully been sewn into the quilt of American history.
Though the seams may be laden by injustice and oppression, the focal
point is the recognition of the vital role African Americans played in
the establishment and evolution of this nation and its culture, all of
which would not be possible without the valuable contributions of Dr.
Robert Wright.
Dr. Wright's remarkable journey began in a segregated Columbus,
Georgia sweltering with the heat of racial injustice. He was the son of
a bricklayer and nurse. He graduated from Spencer High School in 1955,
after which he left Georgia to escape the systemic discrimination of
the South to pursue a degree in optometry from Ohio State University.
However, he was not gone for long. Upon his return to Columbus to
practice as a medical professional, Dr. Wright became active in the
Civil Rights Movement and participated in the 1965 Selma to Montgomery
March. In 1968, he was elected to the Columbus City Council and served
until he was appointed by President Ronald Reagan as Associate
Administrator for Minority Small Business and Capital Ownership
Development. In 1985, after his time in the Reagan Administration, Dr.
Wright created Dimensions International, a successful defense
contracting firm.
In 2001, the NMAAHC Plan for Action Presidential Commission was
established, and Dr. Wright was recommended by Congressman J.C. Watts
of Oklahoma to serve on the commission and when the commission was
organized, the members elected him Chairman. As the Chairman, he was
tasked by law to provide President George W. Bush and Congress with an
implementation plan for the museum. Wasting no time in engaging this
charge, Dr. Wright and his panel produced ``The Time Has Come,'' a 2003
report that expressed the vision and enumerated the administrative
details for the $540 million facility. This report led Congress to
enact that same year the NMAAHC Act, which established the museum
within the Smithsonian Institution. Even after this victory, the
process often faltered as opposition to the museum forced several
debates on funding, location, and even the need for such a museum. But
through it all, Dr. Robert Wright and his team succeeded in bringing to
life the Smithsonian's 19th museum right where Dr. Wright and so many
others feel it belongs--on the National Mall.
The National Museum of African American History and Culture will
candidly display the brutal horrors of the international slave trade
and its unquantifiable and lingering effects. The museum will also
celebrate the tenacity and advancement of African Americans as they
remained steadfast in the belief of their worth as human beings. The
museum's juxtaposition of pain and tragedy with perseverance and
triumph mirrors the ``Horatio Alger'' story of Dr. Robert L. Wright's
life in achieving success in the face of adversity.
Mr. Speaker, I ask my colleagues to join me, my wife Vivian, and the
millions of African Americans nationwide in recognizing Dr. Robert Lee
Wright for his immeasurable contributions to the creation of the
National Museum of African American History and Culture. We will soon
celebrate the grand opening of this remarkable Museum, where people
from all walks of life can gather to remember a dark period in our
nation's history, rejoice at how far we have come as a society, and
reflect upon how far we have yet to go.
____________________
IN RECOGNITION OF THE OSHER LIFELONG LEARNING INSTITUTE AT GEORGE MASON
UNIVERSITY ON THEIR 25TH ANNIVERSARY
______
HON. BARBARA COMSTOCK
of virginia
in the house of representatives
Thursday, September 22, 2016
Mrs. COMSTOCK. Mr. Speaker, I rise to recognize the Osher Lifelong
Learning Institute (OLLI) at George Mason University (GMU), of Fairfax,
Virginia on their 25th anniversary. This is an important milestone for
this wonderful educational institution. The Osher Lifelong Learning
Institute at GMU celebrated this anniversary in the district on the 6th
of September, and it is my pleasure to briefly highlight the impact
this school has had on my constituents.
The Osher Lifelong Learning Institute at GMU has had a terrific
history of success since first opening its doors in 1991. OLLI has
[[Page 13528]]
stood as a pillar of education for those it serves by providing mature
adults with an opportunity to continue their learning and intellectual
growth. OLLI offers numerous low-cost and tremendously accessible
courses to their members, as they do not require participants to do
homework assignments or have a college degree in order to enroll.
OLLI not only offers elderly residents of my district an opportunity
to attend academic courses through the traditional lecture and
classroom setting, but other chances to learn through a myriad of
additional educational and cultural events. I truly believe that
organizations such as OLLI serve as an integral part of our communities
by providing services that foster lifelong learning.
I come from a family of educators, so I have seen firsthand how
important a proper education is to the future of our nation. It is
institutions like Osher Lifelong Learning Institute that will continue
to help shape the United States' role in the world, through offering
scholastic services to our citizens. The success of this institution is
a tremendous accomplishment that should make past and present faculty
proud.
Mr. Speaker, I ask that my colleagues join me in congratulating the
Osher Lifelong Institute at George Mason University for 25 years of
serving citizens in my district. I wish them all the best in their
future endeavors.
____________________
IN RECOGNITION OF THE 5TH ANNUAL GOLDEN GOOSE AWARD
______
HON. ANN M. KUSTER
of new hampshire
in the house of representatives
Thursday, September 22, 2016
Ms. KUSTER. Mr. Speaker, I rise today in support of the Golden Goose
Award, which recognizes researchers whose seemingly obscure, federally
funded research has returned significant benefits to society.
In particular, I rise today to congratulate Cornell University
biologist Dr. Tom Seeley and his colleagues from the Georgia Institute
of Technology, John Bartholdi, Sunil Nakrani, Craig Tovey, and John
Vande Vate, who will be receiving a 2016 Golden Goose Award for their
research on honey bee foraging and computer servers. Dr. Seeley, like
me, is a Dartmouth College alumnus, and he has gone on to become one of
the world's leading experts on bees. Working with his Georgia Tech
colleagues, who are actually all engineers, Dr. Seeley conducted basic
research to understand how honey bees forage. While some might have
questioned the worth of their initial research, these researchers
eventually adapted their model on honey bee foraging into an innovative
algorithm for assigning computer servers that is being used by Web
hosting companies, impacting a rapidly expanding global market worth
$50 billion.
Supported in part by funding from the National Science Foundation and
the Office of Naval Research, they created a model predicting how honey
bees would allocate themselves in their ever-changing environment based
on their known behaviors. By drawing parallels between server
allocation challenges and the honey bees, they developed an algorithm
that more efficiently, and profitably, allocates servers to the
variable demands of the Internet than any algorithm then in use.
Today, Web hosting services are utilizing algorithms like Tovey and
Nakrani's that mimic the behavior of natural systems to boost profits
and more efficiently operate server farms in a rapidly growing $50
billion global marketplace.
The work of these scientists demonstrates the importance of continued
federal investment in scientific research. As a proud member of the
bipartisan Science and National Labs Caucus, which seeks to encourage
scientific advancement through federal investment in research, I look
forward to continuing to work with my colleagues on both sides of the
aisle to support innovation.
I am pleased to congratulate these scientists on their valuable work
to our society.
____________________
TRIBUTE TO ALEX C. McDONALD
______
HON. SUSAN A. DAVIS
of california
in the house of representatives
Thursday, September 22, 2016
Mrs. DAVIS of California. Mr. Speaker, San Diego and the state of
California recently and suddenly lost a legal giant. I lost a friend
and a neighbor.
Alex C. McDonald loved the law. While his initial area of expertise
was in real estate law, his legal knowledge of multiple fields was
expansive.
In a public service record that stretched more than two decades, Alex
served on the state's 4th District Court of Appeals.
His mark on the law and how it impacted the people of California are
indelible.
Alex played key roles in rulings that would affect public safety,
civil liberties and voting rights.
But to those who were fortunate enough to know Alex his wry sense of
humor would be among their strongest memories.
My husband, Steve, and I had a front row seat to his challenging and
caring nature, as our families were friends and neighbors for over 40
years.
For many people service on the court would have been enough, but
Alex's impact on his community went beyond the bench.
Through his role as President of the downtown San Diego Lion's Club,
Alex was instrumental in creating Lions Community Manor. The Manor is a
lifeline that provides housing for seniors, low-income families, and
those living with disabilities. His legacy will continue to help those
in need.
He will be missed greatly in the community, but the greatest loss
will be felt in the lives of his extraordinary and close knit family
where his greatest pride and passion was focused.
His wife, Judy, his four daughters--Katy, Annie, Margie, and
Elizabeth--his sons-in-law, and his seven grandchildren are mourning
the loss of a loving husband, father, and grandfather.
I'm sure I speak for the people of San Diego and California as we
thank Alex for his years of service and extend our deepest condolences
to his family.
____________________
IN HONOR OF DYLAN KURTZ'S CHARITY WORK
______
HON. BARBARA COMSTOCK
of virginia
in the house of representatives
Thursday, September 22, 2016
Mrs. COMSTOCK. Mr. Speaker, I rise today to recognize my constituent,
Dylan Kurtz, of Great Falls, Virginia, for his tireless efforts to help
those in need throughout Virginia's 10th Congressional District.
Serving others is a core value of American culture; and Dylan has taken
this to heart.
At the young age of 12 years old, Dylan has devoted much of his life
to serving charitable causes throughout his community. Last year, Dylan
focused his efforts on hunger related charities. He volunteered at food
pantries, packed lunches for children who did not have food on
weekends, and helped StopHungerNow! with their efforts to end world
hunger. This year, Dylan decided to combine his love for charitable
work and animals by helping paws4people by organizing fundraisers and
events to promote this organization.
Paws4people was founded in 1999 with the purpose of using dogs to
help improve the lives of both children with disabilities and veterans
suffering from Chronic Post-Traumatic Stress Disorder. The organization
has 500 trained dogs which have made more than 1 million therapeutic
contacts. Dylan's work is helping make this possible.
Mr. Speaker, I ask my colleagues to join in recognizing Dylan Kurtz
of Great Falls, Virginia, for his unrelenting dedication to helping out
those in his community. He serves as a shining example of what it means
to be an American and I am proud to have him as a constituent. I
commend him for his outstanding effort, and wish him all the best in
his future endeavors.
____________________
RECOGNIZING DR. ANDY KHAWAJA
______
HON. LORETTA SANCHEZ
of california
in the house of representatives
Thursday, September 22, 2016
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I wish to recognize
Dr. Andy Khawaja, a dynamic and accomplished entrepreneur and a
dedicated community philanthropist. A natural born entrepreneur, Dr.
Khawaja's vision, philosophy, and inherent ability to innovate and lead
are remarkable. Dr. Khawaja's philosophy is ``Do what you love and do
it well. Don't quit and you'll have the keys to success.''
In early adulthood, Dr. Khawaja achieved initial success in the high-
end fashion industry as a Vice President and Buyer for the company
`Bernini.' In just nine years, Dr. Khawaja grew `Bernini' from a
million dollar business to a 100 million dollar business and expanded
from two stores to more than sixty stores.
In 2005, Dr. Khawaja founded Allied Wallet, a venture that connects
global buyers and sellers. For more than a decade, Dr. Khawaja's bold
and proactive leadership has
[[Page 13529]]
catapulted Allied Wallet to the forefront of innovation and advancement
in the payment industry and into a multi-billion dollar company. With
rapid growth every year, Allied Wallet is repeatedly recognized as one
of the ``Fastest Growing Private Companies.''
Andy's fluency in five languages--English, French, Spanish, German,
and Arabic--enables him to deliver payment tools internationally to
diverse cultures and countries.
Over the last 10 years, Dr. Khawaja drove the expansion of Allied
Wallet from its headquarters in Los Angeles to Germany, India, Macau,
Hong Kong, and London. Allied Wallet now supports 164 currencies
worldwide and serves over 125 million customers in 190 countries.
Dr. Khawaja has been awarded with the US American Genius Award, CEO
of the Year 2015 Award, Gamechanger of the Year Award, and UK
Entrepreneurship of the Year 2015. Dr. Khawaja's achievements have been
recognized by dozens of major publications such as Forbes, Time
Magazine, Bloomberg, Fortune, The Guardian, LA Business Journal, and
Wired Magazine.
His business ventures have earned major awards including Top 100 Fast
Growing Companies, Global Payment Processing Solution of the Year, Best
Workplaces for Millennials, United States Excellence Award, 500 Fastest
Growing Companies 2012/2015, Guiding Hand--International Award 2014,
and #1 Online Payment Solutions Provider 2013.
However, Dr. Khawaja's achievements aren't limited to only business.
Through his generous philanthropy to the Brent Shapiro Foundation for
Drug and Alcohol Awareness, Dr. Khawaja has demonstrated a tireless
commitment to keeping Los Angeles youth safe and educated about the
risks of drug and alcohol abuse.
Recently, the Lebanese American University has honored Andy with a
doctorate degree in Humanitarian Studies for his meaningful
philanthropy worldwide. Dr. Khawaja keeps leading Allied Wallet towards
persistent growth and success while simultaneously juggling multiple
demanding projects, including directing and executive producing a
reality television series, ``Model Turned Superstar.''
I commend Dr. Khawaja for his impressive achievements and consistent
commitment to making Southern California a better place for all.
____________________
TAIWAN NATIONAL DAY
______
HON. BRUCE WESTERMAN
of arkansas
in the house of representatives
Thursday, September 22, 2016
Mr. WESTERMAN. Mr. Speaker, Monday, October 10 is Taiwan's National
Day--also known as Double Ten Day. I would like to take this
opportunity to offer my early best wishes to the people of Taiwan.
The United States and Taiwan enjoy a longstanding friendship based on
shared values. I visited Taiwan earlier this year to witness the
democratic process and the peaceful transfer of power. I applaud
Taiwan's embrace of individual political freedom.
Taiwan is also a strong economic partner. In 2015, Taiwan became the
United States' 9th largest trading partner, and is my home state of
Arkansas' 6th largest export market in Asia. Our economic ties help us
to foster our relationship with Taiwan, and ensure an atmosphere of
cooperation.
Additionally, the 39th Triennial Assembly of the International Civil
Aviation Organization (ICAO) will take place in Montreal, Canada,
beginning on September 27, 2016. Three years ago, the U.S. Congress
passed a bill, later signed into law, supporting Taiwan's inclusion in
the ICAO as an observer state. Taiwan was first invited to the assembly
in 2013, and I am happy to see that Taiwan will be invited again this
year. The Taipei Flight Information Region (FIR), administered by
Taiwan, provided over 1.53 million instances of air traffic control
services. FIR also handled 58 million incoming and outgoing passengers
in 2015, serving as an indispensable part of the global air transport
network.
Again, I wish the people of Taiwan a happy Double Ten Day. I would
like to congratulate Taiwan on the occasion of Double Ten Day, and I
hope the friendship between our two nations continues to grow in the
years ahead.
____________________
IN RECOGNITION OF THE NORTHERN VIRGINIA BENGALI ASSOCIATION
______
HON. BARBARA COMSTOCK
of virginia
in the house of representatives
Thursday, September 22, 2016
Mrs. COMSTOCK. Mr. Speaker, I rise to acknowledge the Northern
Virginia Bengali Association (NVBA), which is celebrating its 25th
Anniversary this year. A quarter of a century ago, the first Bengali
residents of Virginia felt a need to have their own organization.
Distance was barring their participation in Sanskriti, Maryland, which
is the oldest Bengali association in the Washington, DC area. After
extensive discussion and planning, the then Virginia residents decided
to form a new organization of their own and called it Northern Virginia
Bengali Association, with the broad vision of nurturing and promoting
Bengali and Indian culture through education, cultural, spiritual, and
charitable activities. In 1990, the first community event, Saraswati
Puja, was held in McLean Hall.
Bengal, India, is a crucible of art and culture. The Bengalis of
Virginia, who have their roots in Bengal, expectedly, have a penchant
for art, culture, music, and community life and strive to preserve
their unique identity while intermingling with diverse ethos. They
endeavor to strike a balance between indigenous traditions and
cosmopolitan influences in their lifestyle and that of the next
generation. The above values shape the foundation of NVBA's mission and
are reflected in its major events.
The following are among NVBA's significant achievements. They have
sustained a rapid growth of members in the community in the past few
years and have accommodated their social needs. They have increased the
number, scale, and quality of the social/cultural events organized
around the year. They have improved community relations by engaging
with community leaders and officials, keeping communication channels
open for dialogue, and also giving them the opportunity to experience
Bengali culture. They have held several charitable events to help
fellow citizens in the community and created a wing called `NVBA Cares'
to administer such initiatives. Some of the recent activities of NVBA
Cares include participating in food drives by partnering with Food for
Others to help struggling families. There is also an initiative to
support fellow members in severe health and financial distress until
they are back on their feet again. NVBA has also participated in
feeding the underprivileged in homeless shelters and helping in soup
kitchens.
In 2014, The Commonwealth of Virginia awarded a commendation plaque
to NVBA for sharing their unique traditions with the people of this
region and their positive impact on society. NVBA's contributions were
also acknowledged on the Virginia House of Delegates' floor.
From the founding fathers to the current board members, and countless
volunteers, many individuals have worked selflessly to bring NVBA to
its current stature in its 25th year since inception, relying on the
simple principles of social and cultural enrichment of its members and
promoting the spirit of harmony and goodwill in the community.
Mr. Speaker, this is an organization which helps the citizens of
Virginia's 10th Congressional District to thrive. I would ask my
colleagues to join me in congratulating the Northern Virginia Bengali
Association and wishing it a happy 25th anniversary. I wish this
institution continued success in the future.
____________________
PAKISTAN: FRIEND OR FOE IN THE FIGHT AGAINST TERRORISM?
______
HON. TED POE
of texas
in the house of representatives
Thursday, September 22, 2016
Mr. POE of Texas. Mr. Speaker, on May 21, 2016, a U.S. drone strike
killed the leader of the Afghan Taliban, Mullah Mansour. To no one's
surprise, at the time of his death Mansour was in southwestern
Pakistan. The drone strike Pakistan's longstanding support for
terrorist groups. For example, Pakistan openly supported the Afghan
Taliban both before and after the extremists took control of Kabul in
1996.
Islamabad's connection to terrorist groups is so close that in 2011
Admiral Mike Mullen, then chairman of the U.S. Joint Chiefs of Staff
testified before the Senate that ``the Haqqani network acts as a
veritable arm of Pakistan's Inter-Services Intelligence agency.'' The
Inter-Services Intelligence Agency or the ``ISI'' is Pakistan's version
of the CIA. The Haqqani Network is not a nice group of people. They
have killed more Americans in the region than any other terrorist
group.
A leaked NATO report in 2012 detailed Pakistan's ongoing relationship
with the Taliban. The report described Pakistan's ``manipulation of the
Taliban senior leadership'' and claimed that the government was aware
[[Page 13530]]
of locations of senior Taliban leaders, including some who lived in the
vicinity of the ISI headquarters in Islamabad.
The laundry list of evidence of Pakistan's support for terrorists
goes on and on. We all remember where al-Qaeda's leader and America's
most wanted terrorist Osama bin Laden was found: in Pakistan, of
course. In response to the bin Laden raid, Pakistan put the doctor who
helped us in jail and closed the U.S. military's supply route from
Karachi port to Afghanistan for 7 months.
While Pakistan has been harboring and supporting terrorists with
American blood on their hands, it also has been receiving billions in
U.S. foreign assistance. In fact, Pakistan is one of the leading
recipients of U.S. aid in the last 14 years. Congress has appropriated
more than $33 billion to Pakistan since fiscal year 2002.
One of the ways we have given Pakistan money over the years is by
reimbursing them for efforts they take to fight terrorists. But a GAO
study from 2008 found that the Department of Defense could not verify
the validity of Pakistan's claims. The GAO study concluded that some
reimbursed costs were potentially duplicative or not based on actual
activity. In 2010, Special Representative for Afghanistan and Pakistan
Ambassador Richard Holbrook said that roughly 40 percent of Pakistan's
reimbursement requests were rejected.
Each year we say that Pakistan is at the crossroads and needs to
decide whether it is going to fight terrorists or fight on our side. In
fact, just two months ago the State Department's Ambassador Richard
Olson, used this very line. But the United States has been using this
line for the last 15 years. Enough is enough. Pakistan is playing us.
They are trying to have it both ways. They want our money and they keep
supporting terrorists who target Americans.
I invited Ambassador Olson to come testify before us and explain
himself, but he refused. Instead, the State Department said this was a
``particularly sensitive time in our relationship with Pakistan''. In
other words, he was afraid Pakistan would come away looking bad. Well
that might be just because Pakistan is bad.
Now we have put conditions on aid to Pakistan before, requiring them
to really go after terrorists if they want our money. But those
conditions have always had a waiver attached to them and every year,
the President has exercised that waiver. In other words, we paid
Pakistan even though it did not go after terrorist groups. Well, for
the first time last year, we did not include a waiver on $300 million
of money for Pakistan. And guess what? Pakistan did not get the money
because it had not gone after the terrorist groups. Even when there are
hundreds of millions of dollars on the line, Pakistan refuses to go
after terrorist groups.
The reality is that Pakistan has chosen sides. And it isn't ours. It
is time to change our policy towards Pakistan. We do not need to pay
Pakistan to betray us. They will do it for free.
And that's just the way it is.
____________________
IN RECOGNITION OF THE McLEAN PROJECT FOR THE ARTS 10TH ANNIVERSARY OF
THE MPAARTFEST
______
HON. BARBARA COMSTOCK
of virginia
in the house of representatives
Thursday, September 22, 2016
Mrs. COMSTOCK. Mr. Speaker, I rise to recognize the McLean Project
for the Arts in Loudoun County for the 10th anniversary of their
MPAartfest. Established in 1962, the McLean Project for the Arts has
worked tirelessly to provide opportunities for local and regional
artists to showcase their work, to foster appreciation of contemporary
art, and to offer instruction and teaching in the visual arts in many
communities. The MPAartfest is an annual celebration in the form of an
outdoor gallery experience highlighting the work of 52 artists from the
area, as well as offering many other interactive activities that expose
eventgoers to the arts.
Some of this year's exhibits will include the Children's ArtWalk, an
open-air gallery of elementary school children's artwork, and the
Hands-On Art Studio, which gives artists of all levels the opportunity
to further develop their passion. Additionally, this year's MPAartfest
will host a new branch of exciting activities in their STEAM Center.
This innovative program combines STEM and the Arts for those interested
in architecture, robotics, and math.
The hard work done by the men and women of the McLean Project for the
Arts in organizing and putting on this event has helped ensure an
excellent opportunity for many of my constituents to escape from life's
many stresses by providing them with a time to unwind and enjoy the
visual arts in their community. This event in McLean Central Park will
be filled with great food, live music and many remarkable and
interesting works of art.
I am proud to have such an excellent group in my District, which is
one that has been servicing local and regional communities for over 50
years. The McLean Project for the Arts has been such a positive force
in teaching young people about the visual arts and in instructing them
in how to become artists themselves. I would like to applaud this
organization's dedication to the cultural enrichment of our future
generations.
Mr. Speaker, I ask that my colleagues join in recognizing the 10th
anniversary of the MPAartfest in Loudoun County, Virginia. I wish them
all the best in their future endeavors.
____________________
HONORING MS. BEA McPHERSON
______
HON. BOB GIBBS
of ohio
in the house of representatives
Thursday, September 22, 2016
Mr. GIBBS. Mr. Speaker, I rise today to honor Ms. Bea McPherson for
her service to the United States of America during World War II as a
Cartographer for the Army Map Service.
Shortly after the attack on Pearl Harbor, America's Greatest
Generation answered the call to combat the Axis Powers in the European
and Pacific Theaters. As personnel were reassigned to all fronts, the
Army Map Service found itself in need of more patriots.
Upon graduating from Kent State University, Ms. McPherson selflessly
joined the Army Map Service, where she was assigned to Montgomery
County, Maryland. As a Cartographer, Ms. McPherson created maps used in
preparation for military operations throughout Fiume, Italy and the
famed Battle of the Bulge. During her service, Ms. McPherson also
served as a recruiter, returning to Ohio to recruit other females into
the Army Mapping Service.
Nicknamed the ``Military Mapping Maidens,'' Ms. McPherson and other
female cartographers played a vital role in defense of America and our
allies abroad. Shortly after the Allies declared victory over Nazi
Germany and Japan, Ms. McPherson resigned from the Army Mapping
Service.
On October 4, 2016, Ms. McPherson will be inducted into the
Geospatial Intelligence Hall of Fame for making significant and
transformative contributions to the Army Mapping Service.
Mr. Speaker, it is truly an honor to represent Ms. Bea McPherson in
the United States Congress. She established a patriotic example for all
Americans to emulate and I am humbled to stand before this body to
recognize Ms. McPherson's service to our great nation.
____________________
HONORING THE 80TH WEDDING ANNIVERSARY OF SAM AND EVA JONES
______
HON. MIKE BOST
of illinois
in the house of representatives
Thursday, September 22, 2016
Mr. BOST. Mr. Speaker, I rise today in recognition of the 80th
Wedding Anniversary of Sam and Eva Jones of Marion, Illinois.
Sam and Eva Jones were married on September 27, 1936. They are
lifelong residents of Southern Illinois and have remained active
members of their community.
The proud parents of two sons and the grandparents of three, Sam and
Eva farmed and raised livestock in Williamson County, where Sam served
as President of the county fair board. Additionally, Sam worked in
mining and for power companies for over 30 years, while Eva worked with
local youth in the county school district. Sam and Eva are also
recognized for their talent in square dancing, participating in dances
at county fairs, community gatherings, and national events for more
than 60 years.
I ask my colleagues to join me in wishing a Happy 80th Wedding
Anniversary to Sam and Eva Jones and thank them for their contributions
and service to Southern Illinois.
[[Page 13531]]
____________________
IN MEMORY OF MRS. DARLENE E. WEIR
______
HON. BARBARA COMSTOCK
of virginia
in the house of representatives
Thursday, September 22, 2016
Mrs. COMSTOCK. Mr. Speaker, I would like to honor the life of Mrs.
Darlene E. Weir, of Leesburg, Virginia. On September 7, 2016, Mrs. Weir
passed away at home surrounded by her loving husband of 57 years,
Charles, and with her children, beloved grandchildren, and her great-
granddaughter.
Mrs. Weir was born May 4, 1933, in Eugene, Oregon and was the
daughter of the late Oscar M. Briggs and Essie Elizabeth Cruzan Briggs.
She was known for her love of children and her dedication to teaching
primary grade students in Fairfax County public schools for 26 years.
Coming from a family of educators, I understand the importance of
Americans like Mrs. Weir who help shape the future of our nation. Mrs.
Weir made a great impact in her community that will not soon be
forgotten.
Once Mrs. Weir retired from teaching, she traveled around the globe
with her husband visiting all seven continents. Mrs. Weir understood
the importance of civic engagement and was active in grassroots
politics. Both inside and outside her career, Mrs. Weir worked with
conviction to preserve our country for future generations.
Mrs. Weir will be sincerely missed by all those who had the pleasure
of knowing her both on a personal and a professional level. I know that
she has impacted many lives over the years, and we are all grateful for
having known her. She is survived by her husband, Charles J. Weir, her
four children, daughters, Sue Ellen Jones, and Maureen Kay Wood; her
sons, Gregory Allen Weir and Jeffrey Charles Weir; and eight
grandchildren; and one great-grandchild. Through them, I'm sure, her
values and legacy will be assured.
Mr. Speaker, I ask that my colleagues join me in celebrating the life
of Mrs. Darlene E. Weir. May she rest in peace, and her family be
comforted.
____________________
CELEBRATING THE LIFE OF EUGENE ``GENE'' GISCOMBE
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Thursday, September 22, 2016
Mr. RANGEL. Mr. Speaker, I rise in honor to join The Village of
Harlem and New York City in paying tribute to our beloved friend,
Eugene Giscombe, known affectionately by many as ``Gene'' and the
``Mayor of 125th Street,'' who made his transition to his Lord and
Savior on Sunday, July 10, 2016. In 1982, he founded Giscombe Realty
Group, LLC one of Harlem's leading commercial real estate management,
consulting, leasing, development and brokerage firms. The company was a
major player in the Harlem Renaissance that helped to reverse years of
decline and turn the area into one of Manhattan's most popular places
to live, work, play and raise a family.
Gene Giscombe began his real estate career as a sales agent at Webb &
Booker, rising to become head of sales and representing major banks,
such as Manufacturers Hanover Corporation, and managing office
buildings such as the C.A.V. Building at 55 West 125th Street, where
former president Bill Clinton maintains an office. Inspired by his
grandfather Lawrence Giscombe, a successful builder-owner in Harlem in
the 1930s and 1940s, Eugene Giscombe became a beloved community leader
as he grew his own company to serve a wide range of clients, including
property owners, developers, financial institutions, not-for-profits,
pension funds and government agencies looking to buy, lease or manage
space in Harlem and New York City. Giscombe Realty Group's
headquarters, for over 35 years, was located in one of Harlem's most
iconic office buildings, the 12-story Lee Building at 1825 Park Avenue
on East 125th Street, adjacent to the Metro North train station in East
Harlem.
Over the years, Giscombe Realty Group's acquisitions, developments,
re-locations and management ventures on the legendary 125th Street
corridor included Chase Manhattan Bank, Fourth Federal Savings and
Loan, New York State Supreme Court, Bechtel Infrastructure, Beth Israel
Medical Center, the Harlem Commonwealth Council, New York College of
Podiatric Medicine, and The Jewish Theological Seminary, to name a few.
Gene's associates nicknamed him the ``Mayor of 125th Street'',
celebrating him for his many successful ventures including the biggest
retail sale in Harlem's history--the sale of 16 retail buildings along
West 125th and 126th Street Corridor on Frederick Douglass Boulevard
for $50 million in 2007. He was also the recipient of the Business
Person of the Year award from the Harlem Business Alliance, Inc.
presented by Mr. Walter Edwards.
Gene Giscombe was a former chairman of the 125th Street Business
Improvement District, Community Board 10 and The Greater Harlem Real
Estate Board. He was also a member of the Harlem YMCA Board of
Directors/Property Management Committee where he oversaw all
construction and renovation work at twenty-one New York YMCA branches
and three summer camps. He served on the Board of Directors of City
National Bank of New Jersey/New York, and was the vice chairman of the
Greater Harlem Nursing Home and North General Hospital Board of
Directors. In addition to his love for Harlem and real estate, Eugene
Giscombe was a big-game hunter who hunted on five continents and
traveled on over 17 African safaris. Always concerned about the
responsibility of hunters, he became the first African-American
president of the New York Tri-State Chapter of Safari Club
International which is very involved in conservation projects. Gene's
memory is survived by his wife Shirley and their children Lesley, Susan
and Lasalve; and brothers Gary and Ronald Giscombe.
Eugene ``Gene'' Giscombe left his indelible mark as a real estate
magnate and developer, community leader, philanthropist, entrepreneur,
family man and big-game hunter devoting his life to the betterment of
all humankind, community, and country. I join my constituents and rest
of the nation as we say goodbye and pay tribute to our beloved friend,
The Mayor of 125th Street, Eugene ``Gene'' Giscombe, a true American
hero.
____________________
IN RECOGNITION OF THE HONORABLE SENATOR CHARLES ``CHUCK'' J. COLGAN'S
90TH BIRTHDAY
______
HON. BARBARA COMSTOCK
of virginia
in the house of representatives
Thursday, September 22, 2016
Mrs. COMSTOCK. Mr. Speaker, I rise to recognize the Honorable Senator
Charles ``Chuck'' J. Colgan for turning 90 years old on September 25,
2016. I am honored to celebrate the many accomplishments of one of the
Commonwealth's most dedicated civil servants.
Senator Colgan is best known for his time in office as the longest
serving Senator in the history of the Virginia General Assembly, where
he has represented the citizens of Virginia's 29th District since 1975.
Senator Colgan is an example to all legislators on how to work
tirelessly for the interests of your constituents. Chuck was able to
achieve many undertakings over his ten term tenure in the Virginia
State Senate, most notably in the areas of transportation and
education.
Senator Colgan's life and legislative legacy is certainly one to be
recognized as it was one full of service to his constituents,
commonwealth, and country. His commitment to seeing practical
legislation enacted to benefit the Commonwealth of Virginia and its
citizens is extremely commendable. Senator Colgan was not afraid to
work with both sides of the aisle while in office. This spirit of the
political sensibility is without a doubt why he was able to attain such
great success in his endeavors.
It is also important to distinguish Senator Colgan's efforts as a
private citizen through his businesses in the air travel industry.
Colgan Airways and Colgan Air provided not only a valuable service to
Americans, but were also a source of jobs and economic growth in the
communities they were based in. Senator Colgan truly embodies the
ideals a citizen-politician should aspire to exemplify.
Mr. Speaker, I now ask that my colleagues join me in recognizing the
Honorable Senator Charles ``Chuck'' J. Colgan for turning 90 years old,
and to thank him for the outstanding services he provided to the
Commonwealth of Virginia and the United States throughout his long-
lasting career. I wish him all the best in his future endeavors.
____________________
PROTECTING OUR WATER FROM MICROCYSTIN TOXINS
______
HON. MARCY KAPTUR
of ohio
in the house of representatives
Thursday, September 22, 2016
Ms. KAPTUR. Mr. Speaker, I rise today to introduce a bill addressing
the threat to human health posed by microcystin toxins. Two summers
ago, a massive algal bloom exploded in
[[Page 13532]]
western Lake Erie, generating microcystin, a bacterium causing liver
damage, skin blemishes, and nausea. This public health threat
necessitated the shutdown of the public water system for 3 days--
drastically disrupting the lives of over half a million Americans.
As elected officials, our first priority must always be the safety
and security of our constituents. This bill ensures that microcystin
will no longer be a public health threat.
It amends the Safe Drinking Water Act by requiring the EPA to
determine the maximum safe contaminant level and to promulgate a
national primary drinking water regulation for microcystin toxin within
2 years of its enactment.
In realizing the threat posed by microcystin, the old adage ``Mother
Nature Doesn't Lie'' is more meaningful than ever. I commend the EPA's
work to date on generating a strategic plan for dealing with algal
toxins and for publishing an interim standard for microcystin.
The strategic plan and current health advisory the EPA released are a
good start, but we need a finalized standard for microcystin which
endangers the people of Toledo with our recurring algal bloom problem.
In addition to the public health threat, this bacterium casts a huge
economic shadow over our vital and beautiful coast. Toledo's Water
Crisis cost the city government over $200,000 in cleanup costs alone,
not counting untold millions in lost business and tax revenue.
This concern is not isolated to Lake Erie. Millions of Americans
across the country rely on drinking water similarly threatened by
increasing levels of nutrient runoff, and the resulting toxic algal
growth. A recent study from the USGS showed that algal toxins are
present in over \1/3\ of all lakes nationwide. Additionally, the
Environmental Protection Agency recognizes harmful algal blooms as a
major environmental problem in all 50 states, with severe impacts on
human health.
No one should ever have to worry that the water coming from their tap
is unclean and unsafe, no matter if you're in Toledo, Ohio, Flint,
Michigan, or anywhere else in this country. This bill will make us all
safer.
____________________
COMMEMORATING 60TH ANNIVERSARY OF HUNGARIAN REVOLUTION
______
HON. ANDY HARRIS
of maryland
in the house of representatives
Thursday, September 22, 2016
Mr. HARRIS. Mr. Speaker, as you may know, both of my parents fled
Soviet-bloc Communism for the promise of a better and freer life here
in America. With that in mind, Mr. Speaker, I rise today to commemorate
the 60th anniversary of the Hungarian Revolution of 1956. Ronald Reagan
once said, ``Communism only works in two places: Heaven where they
don't need it, and hell where they already have it.'' The Hungarian
people, as much as anybody, know this to be true. The movement began on
October 23rd, 1956 as a student demonstration against Soviet-imposed
communist policies. The demonstration quickly spread, attracting
thousands. When a group of student protestors were fired on by the
State Security Police, and one of the demonstrators killed, the
revolution began. Thousands organized into militias, battling the
police and Soviet troops in Budapest and across the country. The
communist government quickly collapsed and impromptu ``workers'
councils'' assumed governance of the country. Though Soviet forces
eventually re-took control of the country, the Hungarian Revolution was
the first major threat to Soviet control since the fall of the Nazis,
and signaled the beginning of the end of the reign of Communism in
Europe. That is why I rise today, Mr. Speaker, to commend the Hungarian
people for their fight, and ultimate victory, against Communism, and
commemorate the 60th anniversary of the Hungarian Revolution of 1956.
____________________
PERSONAL EXPLANATION
______
HON. PETER A. DeFAZIO
of oregon
in the house of representatives
Thursday, September 22, 2016
Mr. DeFAZIO. Mr. Speaker, I was one of the earliest supporters of
President Obama's negotiations with Iran to prevent them from acquiring
nuclear weapons. I supported the conclusion of those negotiations which
resulted in the Joint Comprehensive Plan of Action (JCPOA), a historic
international agreement which has already limited Iran's nuclear
activities. I strongly appreciate the President's robust enforcement
and monitoring of Iran's compliance with the JCPOA. During a long vote
series I mistakenly voted yes on H.R. 5461 when my intention was to
vote against this legislation. I oppose H.R. 5461 and any other effort
to undermine the JCPOA.
____________________
HONORING THE LIFE OF ROBERT BUTT
______
HON. BARBARA COMSTOCK
of virginia
in the house of representatives
Thursday, September 22, 2016
Mrs. COMSTOCK. Mr. Speaker, I rise today to honor the life of Robert
Butt who passed away at the age of 92 on September 18th, 2016.
Robert, a World War II flight engineer and tailgunner on B-24
bombers, chose to devote his life to education after serving his
nation. He received his bachelor's degree from Davidson College and his
master's in education administration from William & Mary. His first
teaching experience came as a high school teacher in Georgia before he
moved north to Virginia to continue his career. His time in education
culminated with serving 19 years as the superintendent of schools in
Loudoun County.
Coming from a family of educators, I appreciate the invaluable role
that educators play in inspiring our students. Robert's long career in
education allowed him to touch countless minds and aid them in pursuing
their dreams. Furthermore, because of his success as superintendent,
his legacy will continue to have an impact on young men and women in
Loudoun County for many years to come.
Robert will be sincerely missed by all those who had the pleasure of
knowing him both on a personal and a professional level. I know that he
has impacted many in his life, and we are all grateful for having known
him. He is survived by his wife, Elinor; their daughter, Karen
Broaddus, his grandchildren Aaron, Anna, Jessica and Eliza, and his six
great-grandchildren.
Mr. Speaker, I ask that my colleagues join me in celebrating the life
of, and bidding farewell to, Robert Butt. May he rest in peace, and his
family be comforted.
____________________
PERSONAL EXPLANATION
______
HON. DAVID G. REICHERT
of washington
in the house of representatives
Thursday, September 22, 2016
Mr. REICHERT. Mr. Speaker, on roll call Number 522, I was unavoidably
detained. Had I been present, I would have voted yes.
____________________
HONORING JUNE BLACK FOR TWENTY YEARS OF SERVICE TO THE HOUSE OF
REPRESENTATIVES
______
HON. NIKI TSONGAS
of massachusetts
in the house of representatives
Thursday, September 22, 2016
Ms. TSONGAS. Mr. Speaker, I rise today to recognize my District
Director, June Black, who has been a steadfast member of my district
staff for the past nine years.
Tomorrow marks June's 20th year in public service, having spent 9
years working in my office, and 11 years working for Marty Meehan, who
previously represented this district.
In 2007, June was nominated by then-Congressman Marty Meehan for the
2007 Congressman John Joseph Moakley Award for Exemplary Public
Service, which she won thanks to her years of dedication and service.
The award is presented annually to a staff member from the New England
congressional delegation ``who works steadfastly on behalf of local
constituents and significant issues and demonstrates the ideals of
public service exemplified by Congressman Moakley himself.''
Since she joined my office at the end of 2007, June has served with
skill in a variety of roles as a member of my Congressional staff and a
dedicated public servant. June joined my staff as regional director and
ran my office in Lawrence, Massachusetts, a similar role to the one she
held in Rep. Meehan's office. She also served as a guide and mentor to
all of the caseworkers and economic development staff in the office. In
recognition of her remarkable contributions and the relationships she
has developed across the district, June subsequently has taken on the
roles of Constituent Services Director and District Director where she
has helped to ensure that constituents are well served and that the
companies and communities I represent have an accessible federal
partner.
[[Page 13533]]
June has been key to ensuring that accessibility to the people we
represent is a hallmark of my office and that we provide prompt,
respectful and excellent service to our constituents. During her
tenure, she has overseen a casework operation that has responded to
thousands of individual concerns and delivered millions of dollars back
to my constituents, and she has played a principal role in helping the
communities I represent see their economic development vision realized.
She is an effective and knowledgeable federal liaison who helps
constituents and communities better navigate and access the wide array
of services provided by the federal government.
June is well-known and very well respected in the communities she
represents; a reputation that is well earned after two decades of
service to this region. That service and experience brings
institutional knowledge, awareness and appreciation of the social and
economic challenges facing our constituents. It also gives her a unique
understanding of how to navigate federal services and long-standing
familiarity of many of the district's economic development projects.
She has deep and meaningful relationships with key stakeholders and
elected officials throughout Essex County in the Northern part of my
district and beyond.
As a native of Lawrence, Massachusetts, June's affinity for this
region is evident in her commitment to her work and the mutual respect
she shares with the constituents and community leaders with whom she
interacts. She is someone who has dedicated her career to public
service, particularly to having an impact on the city of Lawrence, and
helping that city realize its potential.
Every day, June demonstrates a sincere commitment to the constituents
of this district as well as to innovative methods of serving her
community and our country. I am honored to have her on my staff and
appreciate the opportunity to recognize a truly remarkable member of my
staff, whose individual achievements are so deserving, on this notable
milestone.
____________________
TRIBUTE TO JIM AMDOR
______
HON. DAVID YOUNG
of iowa
in the house of representatives
Thursday, September 22, 2016
Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and
congratulate Jim Amdor of Corning, Iowa, for being selected as Adams
County's 2016 inductee into the Iowa 4-H Hall of Fame.
Jim has been involved with 4-H since becoming a member of the Adams
County Jasper Specialists in the 1950s. His family has a long history
of volunteering with 4-H and Jim has carried on that family tradition
well. He has lent his expertise in livestock to 4-H events by judging
and speaking at various county fairs all throughout the state. The
commitment that Jim has shown young people involved in 4-H is
unparalleled. The entire 4-H organization is lucky to have someone of
Jim's caliber inducted into their hall of fame.
Mr. Speaker, Jim's efforts embody the Iowa spirit and I am honored to
represent him in the United States Congress. I ask that all of my
colleagues in the United States House of Representatives join me in
congratulating Jim for his achievements and wish him nothing but
continued success.
____________________
RECOGNIZING CEDAR HILL COLLEGIATE'S COMMITMENT TO STEM EDUCATION
______
HON. EDDIE BERNICE JOHNSON
of texas
in the house of representatives
Thursday, September 22, 2016
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, today I rise to
congratulate the students, parents, and faculty of Cedar Hill
Collegiate for their commitment to science, technology, engineering,
and mathematics enrichment, and for participating in my annual Science
and Technology Braintrust.
The teachers at Cedar Hill Collegiate are committed to ensuring that
our country's youth is exposed to a STEM curriculum, which is paramount
to the future of our country. A prevalent theme amongst successful STEM
professionals is the curiosity and drive instilled by their teachers at
a young age. We must continue to invest in schools that highlight a
STEM education, so that all students will have an opportunity to one
day be an astrophysicist, doctor, engineer, or a geologist.
Mr. Speaker, Cedar Hill Collegiate is a true advocate of STEM
education and deserves recognition for its work. With great pride I can
say that because of this school's commitment to STEM education, our
country's youth is gaining the skills needed to compete in a rapidly
globalizing world.
____________________
TRIBUTE TO BOBBI AND JIM WILLIAMS
______
HON. DAVID YOUNG
of iowa
in the house of representatives
Thursday, September 22, 2016
Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and
congratulate Bobbi and Jim Williams of Greenfield, Iowa, for being
selected as Adair County's 2016 inductees into the Iowa 4-H Hall of
Fame.
Bobbi Williams began her career in 4-H as a member of the Lee Blue
Ribbons, the club her great-grandmother organized. She enjoyed home
improvement and food and nutrition projects, but most wanted to show
livestock. She joined the boys' 4-H club and began showing Hereford
steers at the county and state fair. She was leader of her daughter's
club, Adair County Wing Walkers, and was honored as a 4-H Alumna in
2010.
Jim Williams has volunteered with a number of 4-H committees and
events throughout the years. He has been especially committed to the
youth of Adair County, and has dedicated his time to Adair County 4-H
Youth Action Committee. He promotes and supports youth activities by
encouraging local businesses and individuals to provide whatever
support they can.
Mr. Speaker, Bobbi and Jim Williams' efforts embody the Iowa spirit
and I am honored to represent them in the United States Congress. I ask
that all of my colleagues in the United States House of Representatives
join me in congratulating Bobbi and Jim for their achievements and wish
them nothing but continued success.
____________________
RECOGNIZING C-STEM TEACHER AND STUDENT SUPPORT SERVICES, INC.'S
COMMITMENT TO STEM EDUCATION
______
HON. EDDIE BERNICE JOHNSON
of texas
in the house of representatives
Thursday, September 22, 2016
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, today I rise to
congratulate the students, parents, and faculty of C-Stem Teacher and
Student Support Services, Inc. for their commitment to science,
technology, engineering, and mathematics enrichment, and for
participating in my annual Science and Technology Braintrust.
The faculty at C-Stem Teacher and Student Support Services, Inc. are
committed to ensuring that our country's youth is exposed to a STEM
curriculum, which is paramount to the future of our country. A
prevalent theme amongst successful STEM professionals is the curiosity
and drive instilled by their teachers at a young age. We must continue
to invest in schools that highlight a STEM education, so that all
students will have an opportunity to one day be an astrophysicist,
doctor, engineer, or a geologist.
Mr. Speaker, C-Stem Teacher and Student Support Services, Inc. is a
true advocate of STEM education and deserves recognition for its work.
With great pride I can say that because of this organization's
commitment to STEM education, our country's youth is gaining the skills
needed to compete in a rapidly globalizing world.
____________________
RECOGNIZING CHILDREN'S HUNGER FUND ON THEIR 25TH ANNIVERSARY
______
HON. TONY CARDENAS
of california
in the house of representatives
Thursday, September 22, 2016
Mr. CARDENAS. Mr. Speaker, I rise to congratulate Children's Hunger
Fund on the celebration of their 25th anniversary.
I am proud of what this organization has accomplished over their long
tenure of service to our community. Children's Hunger Fund was
established in 1991 by president and founder Dave Phillips. Since then,
CHF has delivered food and, ultimately, hope to children and families
in need in the U.S. and around the world for 25 years.
Children's Hunger Fund located in Sylmar, is in my district in the
San Fernando Valley, the neighborhood right next door to Pacoima, where
I grew up.
After the Northridge earthquake struck in 1994, Children's Hunger
Fund was instrumental in making sure Valley families had blankets and
food.
[[Page 13534]]
The help provided by Children's Hunger Fund is felt at home and also
around the world. In 1998, CHF sent aid to Chernobyl children and boots
and blankets to boys in Siberian prisons.
CHF helped victims and families after the attacks on the World Trade
Center in New York, and after the 2004 tsunami.
The vision started in the San Fernando Valley has been replicated all
around the country. In just 25 years, CHF has built a global network of
aid, while never forgetting the need in our local communities.
While I regret not being able to attend in person, I am honored to
congratulate Children's Hunger Fund on their 25th Anniversary
Celebration this Saturday, September 24, 2016.
I hope they will continue their record of delivering food and hope to
children and families in the San Fernando Valley and across the world.
____________________
TRIBUTE TO TED BENSHOOF
______
HON. DAVID YOUNG
of iowa
in the house of representatives
Thursday, September 22, 2016
Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and
congratulate Ted Benshoof of Winterset, Iowa for being selected as
Madison County's 2016 inductee into the Iowa 4-H Hall of Fame. The Iowa
4-H Foundation hosts the 4-H Hall of Fame induction ceremony at the
Iowa State Fair each year.
Iowa counties select Hall of Fame inductees for their contributions
to the lives of 4-H members and the overall 4-H program. Ted has left a
lasting impact on the Madison County 4-H program through his unwavering
commitment as a volunteer. On pig weigh-in days at the Madison County
4-H/FFA show, he has been known to go around to each member's home,
making sure those who are unable to make it still have the opportunity
to weigh-in their entries. His actions are a testament to his
dedication to the 4-H youth of Madison County.
Mr. Speaker, Ted's efforts embody the Iowa spirit and I am honored to
represent him in the United States Congress. I ask that all of my
colleagues in the United States House of Representatives join me in
congratulating Ted for his achievements and wish him nothing but
continued success.
____________________
RECOGNIZING H.D. WOODSON ACADEMY OF ENGINEERING HIGH SCHOOL'S
COMMITMENT TO STEM EDUCATION
______
HON. EDDIE BERNICE JOHNSON
of texas
in the house of representatives
Thursday, September 22, 2016
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, today I rise to
congratulate the students, parents, and faculty of H.D. Woodson Academy
of Engineering High School for their commitment to science, technology,
engineering, and mathematics enrichment, and for participating in my
annual Science and Technology Braintrust.
The teachers at H.D. Woodson Academy of Engineering are committed to
ensuring that our country's youth is exposed to a STEM curriculum,
which is paramount to the future of our country. A prevalent theme
amongst successful STEM professionals is the curiosity and drive
instilled by their teachers at a young age. We must continue to invest
in schools that highlight a STEM education, so that all students will
have an opportunity to one day be an astrophysicist, doctor, engineer,
or a geologist.
Mr. Speaker, H.D. Woodson Academy of Engineering is a true advocate
of STEM education and deserves recognition for its work. With great
pride I can say that because of this school's commitment to STEM
education, our country's youth is gaining the skills needed to compete
in a rapidly globalizing world.
____________________
PHYLLIS SCHLAFLY
______
HON. GARY J. PALMER
of alabama
in the house of representatives
Thursday, September 22, 2016
Mr. PALMER. Mr. Speaker, with the passing of Phyllis Schlafly America
lost one of its greatest women leaders. I first met Phyllis around 1990
shortly after I began work with the Alabama Family Alliance, which
later became the Alabama Policy Institute. I was tremendously impressed
with her intellect and clarity on American culture and politics.
She ranks with William F. Buckley as one of the intellectual giants
who helped launch the modern conservative movement. Phyllis had the
clarity of thought and the communication skills of Reagan that gave her
the ability to connect with women and men from all walks of life. In
many respects, she was America's version of Margaret Thatcher. Her
self-published book, ``A Choice, Not An Echo,'' had an enormous impact
on the 1964 Republican Convention that resulted in Barry Goldwater
winning the party's nomination for president. That book eventually sold
over 3 million copies and launched her nationally as one of the most
influential conservatives in American history. Mrs. Schlafly was a
prolific writer with 18 more books, as well as a gifted speaker.
In 1972 Phyllis founded Eagle Forum and successfully led the effort
to prevent the ratification of the so-called Equal Rights Amendment.
The Ladies Home Journal ranked her among the 100 most influential women
of the 20th Century. Frankly, she should be ranked among the 100 most
influential leaders of the 20th Century regardless of gender. I am
proud to have had the opportunity to know her and work with her and her
colleagues at Eagle Forum. Phyllis Schlafly lived by her faith and
values to the very end and left a great legacy as an American leader
for all Americans.
____________________
TRIBUTE TO SANDRA AND GLEN STOVER
______
HON. DAVID YOUNG
of iowa
in the house of representatives
Thursday, September 22, 2016
Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and
congratulate Sandra and Glen Stover of Council Bluffs, Iowa, on the
very special occasion of their 50th wedding anniversary. They were
married on July 30, 1966 in Terre Haute, Indiana.
Sandra and Glen's lifelong commitment to each other, their children,
grandchildren, and great-granddaughter truly embodies Iowa values. As
they reflect on their 50th anniversary, may their commitment grow even
stronger as they continue to love, cherish, and honor one another for
years to come.
Mr. Speaker, I commend this great couple on their 50th year together
and I wish them many more. I ask that my colleagues in the United
States House of Representatives join me in congratulating them on this
momentous occasion.
____________________
RECOGNIZING JEFFERSON ACADEMY'S COMMITMENT TO STEM EDUCATION
______
HON. EDDIE BERNICE JOHNSON
of texas
in the house of representatives
Thursday, September 22, 2016
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, today I rise to
congratulate the students, parents, and faculty of Jefferson Academy
for their commitment to science, technology, engineering, and
mathematics enrichment, and for participating in my annual Science and
Technology Braintrust.
The teachers at Jefferson Academy are committed to ensuring that our
country's youth is exposed to a STEM curriculum, which is paramount to
the future of our country. A prevalent theme amongst successful STEM
professionals is the curiosity and drive instilled by their teachers at
a young age. We must continue to invest in schools that highlight a
STEM education, so that all students will have an opportunity to one
day be an astrophysicist, doctor, engineer, or a geologist.
Mr. Speaker, Jefferson Academy is a true advocate of STEM education
and deserves recognition for its work. With great pride I can say that
because of this school's commitment to STEM education, our country's
youth is gaining the skills needed to compete in a rapidly globalizing
world.
____________________
CONGRATULATIONS TO LIEUTENANT COLONEL ROCKO RODRIGUEZ
______
HON. JOE WILSON
of south carolina
in the house of representatives
Thursday, September 22, 2016
Mr. WILSON of South Carolina. Mr. Speaker, on September 13, 2016, Air
Force Major
[[Page 13535]]
Rocko Rodriguez was promoted to the rank of Lieutenant Colonel. I was
then grateful to participate in his promotion ceremony on September
23rd.
Rocko has been serving in my office as an In-Resident Intermediate
Development Education Student attending the Air Force Legislation
Liaison Fellowship Program.
Rocko was commissioned in 2001 through the Officer Training School at
Maxwell Air Force Base, Alabama. He distinguished himself early as a
leader, holding various positions in special operations, space
operations, and cyber operations. Rocko has also honorably served in
Operations Iraqi and Enduring Freedom and Southern Watch and Deny
Flight.
This year, Rocko will receive his Masters of Science degree from
Georgetown University Government Affairs Institute. When he finishes in
my office he will transition to work at the U.S. Cyber Command
Legislative Affairs Branch.
I would also like to offer best wishes to his wife, Sarah, and
daughters Kaitlyn and Natalie and sons Troy and Timothy with his father
Michael Rodriguez and mother-in-law Susan Burke, because behind every
man and woman in uniform is a dedicated family.
In conclusion, God Bless Our Troops and may the President by his
actions never forget September 11th in the Global War on Terrorism.
____________________
TRIBUTE TO PAT AND RICHARD PERKINS
______
HON. DAVID YOUNG
of iowa
in the house of representatives
Thursday, September 22, 2016
Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and
congratulate Pat and Richard Perkins of Shenandoah, Iowa, on the very
special occasion of their 50th wedding anniversary. They were married
on August 6, 1966.
Pat and Richard's lifelong commitment to each other and their family
truly embodies Iowa values. As they reflect on their 50th anniversary,
may their commitment grow even stronger as they continue to love,
cherish, and honor one another for years to come.
Mr. Speaker, I commend this great couple on their 50th year together
and I wish them many more. I ask that my colleagues in the United
States House of Representatives join me in congratulating them on this
momentous occasion.
____________________
RECOGNIZING McKINLEY TECHNOLOGY HIGH SCHOOL'S COMMITMENT TO STEM
EDUCATION
______
HON. EDDIE BERNICE JOHNSON
of texas
in the house of representatives
Thursday, September 22, 2016
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, today I rise to
congratulate the students, parents, and faculty of McKinley Technology
High School for their commitment to science, technology, engineering,
and mathematics enrichment, and for participating in my annual Science
and Technology Braintrust.
The teachers at McKinley Technology High School are committed to
ensuring that our country's youth is exposed to a STEM curriculum,
which is paramount to the future of our country. A prevalent theme
amongst successful STEM professionals is the curiosity and drive
instilled by their teachers at a young age. We must continue to invest
in schools that highlight a STEM education, so that all students will
have an opportunity to one day be an astrophysicist, doctor, engineer,
or a geologist.
Mr. Speaker, McKinley Technology High School is a true advocate of
STEM education and deserves recognition for its work. With great pride
I can say that because of this school's commitment to STEM education,
our country's youth is gaining the skills needed to compete in a
rapidly globalizing world.
____________________
ON H.R. 5719
______
HON. CHRIS VAN HOLLEN
of maryland
in the house of representatives
Thursday, September 22, 2016
Mr. VAN HOLLEN. Mr. Speaker, today, the House voted on another
unpaid-for tax cut by approving H.R. 5719, which would increase the
deficit by more than $1 billion. I believe the bill's purpose has
merit. It can encourage companies to share more profits with their
employees and help create more new businesses. If we could vote on the
fully-offset Senate version, it would certainly have my support. But I
opposed this bill because Republicans have our priorities backwards.
While Republicans refuse to provide aid to national emergencies--like
helping stop the spread of the Zika virus, or providing funds for the
people of Flint, Michigan--unless every dollar is offset by cuts in
other parts of the budget, we continue to vote on more billion-dollar
tax cuts without offsetting a single penny.
____________________
TRIBUTE TO ELOISE AND HAROLD DINSMORE
______
HON. DAVID YOUNG
of iowa
in the house of representatives
Thursday, September 22, 2016
Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and
congratulate Eloise and Harold Dinsmore of Farragut, Iowa, on the very
special occasion of their 60th wedding anniversary. They were married
on August 3, 1956.
Eloise and Harold's lifelong commitment to each other and their
family truly embodies Iowa values. As they reflect on their 60th
anniversary, may their commitment grow even stronger as they continue
to love, cherish, and honor one another for many years to come.
Mr. Speaker, I commend this great couple on their 60th year together
and I wish them many more. I ask that my colleagues in the United
States House of Representatives join me in congratulating them on this
momentous occasion.
____________________
``VAN JONES: HOW TPP THREATENS OUR PROGRESS ON CLIMATE CHANGE'' ON 14
SEPTEMBER 2016
______
HON. BARBARA LEE
of california
in the house of representatives
Thursday, September 22, 2016
Ms. LEE. Mr. Speaker, I include in the Record the following op-ed.
In the past month, wildfires forced tens of thousands of
people across California to evacuate their homes. Over the
same period, historic floods in Louisiana destroyed or
damaged more than 60,000 homes, uprooting families and
ruining lives.
Whether fire or water, we know that human-induced climate
change is making natural disasters more frequent and more
intense.
So why are some in Washington pushing hard for a policy
that would make climate change considerably worse?
This fall, Congress is likely to vote on the Trans-Pacific
Partnership--an agreement among 12 nations along the Pacific
Rim. While billed as a ``free trade'' deal, most of the TPP
is actually about creating new rights for multinational
corporations, including the big polluters most responsible
for the climate emergency.
Under the TPP, the biggest global firms--including many
responsible for offshore drilling and fracking--would be able
to sue American taxpayers over laws and regulations that are
meant to protect public health and the environment. Rather
than suing in regular courts, these corporations would,
through the TPP, be able to sue before unaccountable
arbitration panels--each panel made up of three corporate
lawyers--who could award unlimited cash compensation. Similar
rules in other trade deals have already made possible nearly
700 such lawsuits--including efforts to challenge the U.S.
rejection of the Keystone XL pipeline and a moratorium on
fracking in Quebec.
What does this mean for California?
TPP would allow multinational corporations that own gas-
fired power plants from Alameda County to San Diego County to
threaten state restrictions on carbon emissions--including
some of the new world-leading standards recently passed in
Sacramento. The deal would also vastly increase the number of
fracking firms and offshore drilling companies that could
challenge our protections.
But it's not about just dirtier air and water or more
susceptibility to climate risks. It's also about jobs.
Because TPP would threaten a successful California rebate
program for green technologies that are made in-state, the
deal could result in the elimination of good-paying green
jobs in fields like solar and wind manufacturing and energy
efficiency. Green jobs employ all kinds of people--truck
drivers, welders, secretaries, scientists--all across the
state. These jobs can pull people out of poverty while
protecting the planet.
Given that California has lost an estimated 413,000
manufacturing jobs since America entered NAFTA and the World
Trade Organization, we can't afford to pass a new trade deal
and again undermine people's livelihoods.
[[Page 13536]]
But there's good news. Labor, environmental and social
justice leaders now oppose the TPP, as do both major
presidential nominees, House Democratic Leader Nancy Pelosi,
and Senate Democratic Leader Harry Reid.
Still, some in Washington are scheming to pass the TPP
during Congress's ``lame duck'' session after the election.
While most members of California's Congressional delegation
firmly oppose the deal, some remain on the fence.
As the consequences of climate change get clearer, the case
against the TPP gets stronger.
____________________
RECOGNIZING CENTRAL CITY PUBLIC CHARTER SCHOOL, BRIGHTWOOD CAMPUS'S
COMMITMENT TO STEM EDUCATION
______
HON. EDDIE BERNICE JOHNSON
of texas
in the house of representatives
Thursday, September 22, 2016
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, today I rise to
congratulate the students, parents, and faculty of Central City Public
Charter School, Brightwood Campus for their commitment to science,
technology, engineering, and mathematics enrichment, and for
participating in my annual Science and Technology Braintrust.
The teachers at Central City Public Charter School, Brightwood Campus
are committed to ensuring that our country's youth is exposed to a STEM
curriculum, which is paramount to the future of our country. A
prevalent theme amongst successful STEM professionals is the curiosity
and drive instilled by their teachers at a young age. We must continue
to invest in schools that highlight a STEM education, so that all
students will have an opportunity to one day be an astrophysicist,
doctor, engineer, or a geologist.
Mr. Speaker, Central City Public Charter School, Brightwood Campus is
a true advocate of STEM education and deserves recognition for its
work. With great pride I can say that because of this school's
commitment to STEM education, our country's youth is gaining the skills
needed to compete in a rapidly globalizing world.
____________________
TRIBUTE TO JAN AND JOHN HUSMANN
______
HON. DAVID YOUNG
of iowa
in the house of representatives
Thursday, September 22, 2016
Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and
congratulate Jan and John Husmann of Council Bluffs, Iowa, on the very
special occasion of their 50th wedding anniversary on July 30, 2016.
Jan and John's lifelong commitment to each other and their family
truly embodies Iowa values. As they reflect on their 50th anniversary,
may their commitment grow even stronger as they continue to love,
cherish, and honor one another for many years to come.
Mr. Speaker, I commend this great couple on their 50th year together
and I wish them many more. I ask that my colleagues in the United
States House of Representatives join me in congratulating them on this
momentous occasion.
____________________
NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE
______
HON. XAVIER BECERRA
of california
in the house of representatives
Thursday, September 22, 2016
Mr. BECERRA. Mr. Speaker, I rise today to celebrate the opening of
the National Museum of African American History and Culture this
Saturday, September 24, 2016.
As the nineteenth museum to join the Smithsonian Institution, the
National Museum of African American History and Culture joins the
world's largest museum, education, and research complex. It is the only
national museum devoted exclusively to the documentation of African
American life, history, and culture.
When the Smithsonian was founded in 1846, the United States was a far
less perfect union than the one we live in today, and the idea of a
museum that would tell the story of African Americans could hardly have
been imagined. Yet there can be no denying that the story of America
and its vitality, resilience, and optimism are rooted and reflected in
the African American experience.
In the words of Lonnie G. Bunch III, founding director of the
National Museum of African American History and Culture, ``there are
few things as powerful and as important as a people, as a nation that
is steeped in its history.''
As Members of Congress, we have the privilege of representing the
entirety of the American people and working in the ``People's House''
and under the glorious dome of our U.S. Capitol and its crowning
feature, the Statue of Freedom. In the pages of history, you will find
extensive information about the architect of the Capitol, the artist
who designed the Statue of Freedom, and the foundry owner who was
commissioned for the casting of the statue. What is less known is the
story of Philip Reid, the enslaved laborer of the foundry owner who was
the only known slave working on Freedom and instrumental to its
successful casting in bronze.
Philip Reid worked on the casting of Freedom from 1860 through 1862,
despite the beginning of the Civil War and its toll on construction of
the Capitol. When the statue was finally completed and placed atop the
Capitol Dome in 1863, Reid had become a free man thanks to the
Compensated Emancipation Act signed by President Lincoln.
The story of Philip Reid is the story of America, and only one of the
many histories and cultural contributions that will be shared with the
American public at the National Museum of African American History and
Culture. Like the building of the U.S. Capitol, the creation of this
museum has taken almost a century, but its time has finally come.
Today, we celebrate its opening and its tribute to generations of
Americans past, present and future and the defining way in which our
country has been shaped by our African American brothers and sisters.
Mr. Speaker, in closing, I recall the words of the Harlem Renaissance
poet Langston Hughes who wrote that ``America is a dream . . . not my
dream alone, but our dream. Not my world alone, but your world and my
world.'' Let us all share in this great dream made real together.
____________________
INTRODUCTION OF A RESOLUTION COMMEMORATING THE OPENING OF THE
SMITHSONIAN'S NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE
______
HON. JOHN LEWIS
of georgia
in the house of representatives
Thursday, September 22, 2016
Mr. LEWIS. Mr. Speaker, I rise today to offer a bipartisan resolution
which recognizes the opening of the Smithsonian's National Museum of
African American History and Culture (NMAAHC) on Saturday, September
24, 2016. I am so proud that over 110 of my colleagues from both sides
of the aisle have joined me as original cosponsors.
This weekend will mark a historic moment in our Nation's history.
Hundreds of thousands of people will convene in Washington, D.C. on the
National Mall to celebrate and welcome this historic institution which
is dedicated to documenting African American life, history, art, and
culture. Many people in this body, across the nation, and around the
world shall celebrate this great day.
Tonight, I applaud Dr. Lonnie Bunch, III, the Founding Director,
Kinshasha Holman Conwill, the Deputy Director, Cheryl Smith, Chief of
Staff, and the hundreds and thousands of people who worked so hard to
make this dream a reality. For over 10 years, they have toiled day in
and day out to prepare for the opening and operation of the National
Museum of African American History and Culture.
I know that the leadership and staff of the Museum have labored
tirelessly for years and years--designing the building, raising funds,
envisioning the exhibits, collecting artifacts, conducting research,
and meeting with the many people across this country and around the
world who are so excited about this historic moment. Mr. Speaker, I
thank each and every one of them for their hard work, dedication, and
determination to the National Museum of African American History and
Culture.
Mr. Speaker, the National Museum of African American History and
Culture took over 100 years to evolve from a dream to a reality in the
Nation's Capital on the National Mall. The most recent congressional
effort began with the late former Congressman Thomas ``Mickey'' Leland
from Texas who revitalized the legislation in 1985. I was proud to
continue his work and fought for 15 years for the bill to pass the
House and Senate before finally being signed into law by President
George W. Bush.
It was a long, hard, labor of love, and there were so many wonderful
Members on both sides of the aisle and the dome, who helped
[[Page 13537]]
accomplish this mission which spanned generations, decades, and
movements. In 1993, the late Senator Paul Martin Simon from Illinois
introduced a companion to the House legislation. Beginning in 2001,
former Senator Sam Brownback from Kansas, former Senator Max Cleland
from Georgia, and former Senator Chris Dodd from Connecticut joined the
House coalition which included Representatives William ``Bill'' Clay
from Missouri, J.C. Watts, Jr. from Oklahoma, and Jack Kingston from
Georgia who helped take this bipartisan, bicameral effort across the
finish line.
Mr. Speaker, I would be remiss if I did not also thank some of the
former congressional staff who worked for so many years to pass the
legislation which authorized the Museum--Tammy Boyd in my office; Kern
Watson with former Rep. J.C. Watts; LaRochelle Young with former Sen.
Sam Brownback: and Donni Turner with former Sen. Max Cleland. They
refused to give up; they refused to give in, and we thank them for
their hard work and service.
On the eve of this long-awaited day, I join with more than 110 of my
colleagues in congratulating Smithsonian Institution's family, the
countless staff, and many volunteers of the National Museum of African
American History and Culture on their persistence, their determination,
and--very, very soon--on their success.
Tonight, we should all be proud, and each and every one of us must
take the necessary hours, days, weeks, and months to visit, learn,
explore, and reflect on the Smithsonian's National Museum of African
American History and Culture and all that it signifies and entails.
____________________
TRIBUTE TO THE CLARINDA LIONS CLUB
______
HON. DAVID YOUNG
of iowa
in the house of representatives
Thursday, September 22, 2016
Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize the 70th
anniversary of the Clarinda Lions Club of Clarinda, Iowa. The members
of this service club exemplify the Lions motto: ``We Serve.'' The
Clarinda Lions Club members demonstrate this philosophy of selfless
volunteer service each and every day.
The Clarinda Lions Club was chartered by Lions International in June
1946. Lions International began in 1917, when a Chicago businessman
encouraged his local business club to go beyond business and focus on
improving their communities and the world. After contacting other
service groups to join this new effort, Lions International was born.
Lions Clubs offer a number of services to the communities they serve.
The Clarinda Lions Club puts on an annual pancake meal to raise funds
to benefit the community, sponsors the Santa House during the holiday
season, and participates in the SightFirst international program to
help restore sight and prevent blindness. They also assist local
residents with repurposing unwanted prescription glasses and send
glasses overseas to people who have limited vision care.
Mr. Speaker, I applaud and congratulate the Clarinda Lions Club for
the difference they continue to make in their community. Over the past
70 years, their members have been dedicated to helping and serving
others, and it is a great honor to recognize them today. I urge my
colleagues in the United States House of Representatives to join me in
congratulating the Clarinda Lions Club for their many accomplishments.
I wish them nothing but continued success in all their future
endeavors.
____________________
H.R. 5461 & H.R. 5931
______
HON. CHRIS VAN HOLLEN
of maryland
in the house of representatives
Thursday, September 22, 2016
Mr. VAN HOLLEN. Mr. Speaker, I rise regarding H.R. 5461, the Iranian
Leadership Asset Transparency Act and H.R. 5931, the misleadingly named
Prohibiting Future Ransom Payments to Iran Act.
Regional stability in the Middle East and ensuring that Iran is
prevented from acquiring a nuclear weapon are top national security
priorities of the United States and they are the reasons that, after
very careful consideration, I chose to support the JCPOA. That
agreement has already dramatically reduced Iran's stockpile of enriched
nuclear material and subjects the country to a strenuous verification
regime. For all these reasons, I will support the Iranian Leadership
Asset Transparency Act and oppose H.R. 5931.
Iran's hugely wealthy and powerful Revolutionary Guard has been
identified by leading international institutions, including the State
Department, as a driving force behind Iran's sponsorship of terrorism
around the world. The Los Angeles Times estimated in 2007 that the
IRGC, which was tasked with rebuilding the country after the Iran-Iraq
War, ``now has ties to more than one hundred companies that control
roughly $12 billion in construction and engineering capital.'' In a
2012 country report on terrorism, the State Department noted ``a marked
resurgence of Iran's state sponsorship of terrorism, through its
Islamic Revolutionary Guard Corps--Quds Force, its Ministry of
Intelligence and Security, and Tehran's ally Hezbollah.''
H.R. 5461 will help illuminate the IRGC's control of a wide array of
Iran's assets. The Treasury Secretary will be required to develop and
post online in English, and the three main languages used in that
country, a list of assets held by Iran's political and military
leaders. The list will include a description of how these assets were
acquired and how they have been employed. The bill will not only help
make Iran's citizens more aware of how corrupt their government is, the
reporting requirements may help to shed additional light on the ways
Iran's Revolutionary Guard funds terrorism.
By contrast, H.R. 5931 would provide Iran with an excuse to abandon
its JCPOA obligations and resume its nuclear enrichment activities. The
bill purports to codify the long held position of the U.S. not to pay
ransoms to terrorists, but the bill is much more than that. H.R. 5931
would prohibit the U.S. Government from making cash payments of any
kind to Iran, even ones the U.S. is legally obligated to make. The most
recent payment made to Iran by the U.S., for example, was owed to it as
a result of a weapons sale that occurred in the days before the
revolution. The U.S. was certainly not going to fulfill this obligation
by sending Iran weapons, so the U.S. agreed to fulfill the contract
instead with cash. Additionally, because the U.S. is a signatory to the
Algiers Accords, there will be more payments in the future. Under that
agreement, the U.S. is legally obligated to comply with the
determinations of the Iran/U.S. Claims Tribunal. The recent payment
made to Iran was a part of the settlement reached by that body. There
are over a thousand more claims pending before the Tribunal.
The JCPOA is not based on trust. It is based on verification.
According to the IAEA, Iran has, so far, complied with its obligations
under the JCPOA. Faithfully observing the obligations of that
agreement, especially the verification protocols, are in the national
security interest of the United States and we must avoid providing the
Iranians with an excuse not to uphold their side of the bargain. For
that reason, I cannot support this bill.
____________________
TRIBUTE TO VIOLA AND DARWIN BROCKMAN
______
HON. DAVID YOUNG
of iowa
in the house of representatives
Thursday, September 22, 2016
Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and
congratulate Viola and Darwin Brockman of Hancock, Iowa, on the very
special occasion of their 60th wedding anniversary. They were married
on July 24, 1956.
Viola and Darwin's lifelong commitment to each other and their family
truly embodies Iowa values. As they reflect on their 60th anniversary,
may their commitment grow even stronger as they continue to love,
cherish, and honor one another for years to come.
Mr. Speaker, I commend this great couple on their 60th year together
and I wish them many more. I ask that my colleagues in the United
States House of Representatives join me in congratulating them on this
momentous occasion.
____________________
INTRODUCING THE ``APOLLO 1'' MEMORIAL BILL
______
HON. EDDIE BERNICE JOHNSON
of texas
in the house of representatives
Thursday, September 22, 2016
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today to
introduce the ``Apollo 1 Memorial Act''. The Nation's success in human
spaceflight is well documented. Astronauts are American heroes. John
Glenn, Neil Armstrong, and Sally Ride. These are some of the familiar
names that our children read about in their textbooks.
Unfortunately, success in human spaceflight has come at a high cost.
Brave men and women have paid the ultimate cost in the name of space
exploration.
[[Page 13538]]
On January 27, 1967, Astronauts Command Pilot Virgil I. ``Gus''
Grissom, Senior Pilot Edward H. White II, and Pilot Roger B. Chaffee
were killed in an electrical fire that broke out inside their Apollo 1
Command Module on Launch Pad 34 at the Kennedy Space Center in Cape
Canaveral, Florida. Although all three astronauts were posthumously
awarded the Congressional Space Medal of Honor, it is surprising that
we do not have a memorial to honor the lives of the crew of Apollo 1 as
was done for the Space Shuttle Challenger and Columbia crews.
This bill would redress that unfortunate omission. As Arlington
National Cemetery is where we recognize heroes who have passed in the
service of the Nation, it is fitting on the 50th anniversary of the
Apollo 1 accident that we acknowledge these astronauts by building a
memorial in their honor. This bill would direct the Secretary of the
Army, in consultation with the Administrator of the National
Aeronautics and Space Administration (NASA), to construct at an
appropriate place in Arlington National Cemetery, a memorial marker
honoring these fine men.
In addition to $500,000 from the Army's fiscal year 2017 operations
and maintenance appropriated funds, the bill provides the NASA
Administrator with the authority to accept donations of services,
money, and property for the memorial marker.
In closing Mr. Speaker, on the eve of the 50th anniversary of the
Apollo accident, we have the opportunity to honor these three brave men
and their contribution to America's preeminence in human spaceflight.
It is time to build a memorial so that current and future Americans
never forget their sacrifice.
I am pleased to be joined by Chairman Jeff Miller and Representatives
Mark Takano, Corrine Brown, Donna Edwards and Gus Bilirakis as an
original cosponsor of this legislation, and I hope that it can be
swiftly enacted into law.
____________________
TRIBUTE TO LEONA AND TOM STUART
______
HON. DAVID YOUNG
of iowa
in the house of representatives
Thursday, September 22, 2016
Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and honor
Leona and Tom Stuart of Council Bluffs, Iowa, on the very special
occasion of their 60th wedding anniversary. They were married on July
15, 1956 at St. Paul's Lutheran Church in Neola, Iowa.
Leona and Tom's lifelong commitment to each other and their family
truly embodies Iowa values. As they reflect on their 60th anniversary,
may their commitment grow even stronger as they continue to love,
cherish, and honor one another for years to come.
Mr. Speaker, I commend this great couple on their 60th year together
and I wish them many more. I know my colleagues in the United States
House of Representatives will join me in congratulating them on this
momentous occasion.