Devin Nunes

Mr. NUNES

Mr. NUNES. Madam Chair, I rise in opposition to this amendment, although I appreciate my colleague's concern.

Mr. NUNES. Madam Chair, my friend from South Carolina, I think, is very thoughtful in his approach in wanting sunset provisions in many laws that pass this body, and I think that is correct on major pieces of legislation, especially involving government bureaucracies, the creation of government bureaucracies, and the implementation of regulation. I would just make a few important points that I think this bill is very different because this is a voluntary bill. It is also legislation that, because of the liability protections that are in this bill, if you have a sunset clause in it--and part of the reason why the other amendments that were made out of order and this one was made in order, because it was the longest time, with the 7 years, as the gentleman said--it is tough for a company to design, build, get in the process of preparing how they are going to share this information company to company, and I am afraid that even though this is 7 years, will companies make the investment terms of being willing to actually share? Then, if this expires, what happens with the trial lawyers that would then come after the fact when the Congress doesn't act with information that is sitting out there that no longer has the protections? This is actually why, back when the last version of this legislation was up last Congress, we made several changes since then, and we have many more supporters since that time because of the changes we have made to make sure that we have scrubbed private data, to make sure this doesn't go to any government agency, to make sure that it is voluntary, all of the steps that we have taken. But because of the trial lawyer component and the liability being left open, this is why groups like Heritage, in the last Congress, opposed an amendment just like this. We would like to work with the gentleman and his colleagues on this, but I would ask if he would be willing to maybe work with us in a potential conference or possibly down the road, if it might be appropriate. I hate to oppose this amendment because he is my good friend, but I want to try to see if he might be willing to withdraw and work with us when we get to a conference on a reasonable solution to this. I reserve the balance of my time.

Mr. NUNES. I now yield 1 minute to the gentleman from Texas (Mr. Farenthold).

Mr. NUNES. Madam Chair, I am prepared to close. I would just say that I hate to have to oppose this amendment because I think my colleagues are offering it in good faith, with good intentions. However, it is a voluntary program. As I said, cybersecurity is going to continue to be an ever-increasing problem and challenge, and the last thing we want to do is put a backstop in to where companies or private citizens are afraid to share the information with each other because they are afraid of being sued by some trial lawyer down the road. Like I said, I hate to oppose the amendment, but I will have to oppose the amendment and urge my colleagues to vote ``no.'' I yield back the balance of my time.

Mr. NUNES. Mr. Speaker, I rise in opposition to the motion to recommit.

Mr. NUNES. Mr. Speaker, this motion to recommit is nothing more than a poison pill designed to destroy the years of work that have gone into crafting this legislation. The bill already does exactly what the motion to recommit purposes. It helps the American people defend themselves against hackers from countries like China, Russia, Iran, North Korea, and other terrorist groups. While we stand here and continue to debate this problem, our country is under attack from hackers who steal our intellectual property, pilfer our personal information, and target our national security interests. I urge my colleagues to vote ``no'' on the motion to recommit and ``yes'' on final passage. I yield back the balance of my time.

Mr. NUNES

Mr. NUNES. Mr. Speaker, pursuant to clause 2(a)(2) of rule XI, the rules of procedure for the House Permanent Select Committee on Intelligence for the 114th Congress are transmitted herewith. They were adopted on January 28, 2015 by voice vote. 1. MEETING DAY Regular Meeting Day for the Full Committee. The regular meeting day of the Committee for the transaction of Committee business shall be the first Thursday of each month, unless otherwise directed by the Chair. 2. NOTICE FOR MEETINGS (a) Generally. In the case of any meeting of the Committee, the Chief Clerk of the Committee shall provide reasonable notice to every member of the Committee. Such notice shall provide the time, place, and subject matter of the meeting, and shall be made consistent with the provisions of clause 2(g)(3) of House rule XI. (b) Hearings. Except as provided in subsection (d), a Committee hearing may not commence earlier than one week after such notice. (c) Business Meetings. Except as provided in subsection (d), a Committee business meeting may not commence earlier than the third day on which Members have notice thereof (d) Exception. A hearing or business meeting may begin sooner than otherwise specified in either of the following circumstances (in which case the Chair shall provide the notice at the earliest possible time): (1) the Chair, with the concurrence of the Ranking Minority Member, determines there is good cause; or (2) the Committee so determines by majority vote in the presence of the number of members required under the rules of the Committee for the transaction of business. (e) Definition. For purposes of this rule, ``notice'' means: (1) Written notification; or (2) Notification delivered by facsimile transmission, regular mail, or electronic mail. 3. PREPARATIONS FOR COMMITTEE MEETINGS (a) Generally. Designated Committee Staff, as directed by the Chair, shall brief members of the Committee at a time sufficiently prior to any Committee meeting in order to: (1) Assist Committee members in preparation for such meeting; and (2) Determine which matters members wish considered during any meeting. (b) Briefing Materials. (1) Such a briefing shall, at the request of a member, include a list of all pertinent papers and such other materials that have been obtained by the Committee that bear on matters to be considered at the meeting; and (2) The Staff Director shall also recommend to the Chair any testimony, papers, or other materials to be presented to the Committee at the meeting of the Committee. 4. OPEN MEETINGS (a) Generally. Pursuant to House Rule XI, but subject to the limitations of subsections (b) and (c), Committee meetings held for the transaction of business and Committee hearings shall be open to the public. (b) Meetings. Any meeting or portion thereof for the transaction of business, including the markup of legislation, or any hearing or portion thereof shall be closed to the public if the Committee determines by record vote in open session, with a majority of the Committee present, that disclosure of the matters to be discussed may: (1) Endanger national security; (2) Compromise sensitive law enforcement information; (3) Tend to defame, degrade, or incriminate any person; or (4) Otherwise violate any law or Rule of the House. (c) Hearings. The Committee may vote to close a Committee hearing pursuant to clause 11(d)(2) of House Rule X, regardless of whether a majority is present, so long as at least two members of the Committee are present, one of whom is a member of the Minority and votes upon the motion. (d) Briefings. Committee briefings shall be closed to the public. 5. QUORUM (a) Hearings. For purposes of taking testimony, or receiving evidence, a quorum shall consist of two Committee members, at least one of whom is a member of the Majority. (b) Reporting Measures and Recommendations. For purposes of reporting a measure or recommendation, a quorum shall consist of a majority of the Committee's members. (c) Other Committee Proceedings. For purposes of the transaction of all other Committee business, other than the consideration of a motion to close a hearing as described in rule 4(c), a quorum shall consist of one-third of the Committee's members. 6. PROCEDURES FOR AMENDMENTS AND VOTES (a) Amendments. When a bill or resolution is being considered by the Committee, members shall provide the Chief Clerk in a timely manner with a sufficient number of written copies of any amendment offered, so as to enable each member present to receive a copy thereof prior to taking action. A point of order may be made against any amendment not reduced to writing. A copy of each such amendment shall be maintained in the public records of the Committee. (b) Reporting Record Votes. Whenever the Committee reports any measure or matter by record vote, the report of the Committee upon such measure or matter shall include a tabulation of the votes cast in favor of, and the votes cast in opposition to, such measure or matter. (c) Postponement of Further Proceedings. In accordance with clause 2(h) of House Rule XI, the Chair is authorized to postpone further proceedings when a record vote is ordered on the question of approving a measure or matter or adopting an amendment. The Chair may resume proceedings on a postponed request at any time after reasonable notice. When proceedings resume on a postponed question, notwithstanding any intervening order for the previous question, an underlying proposition shall remain subject to further debate or amendment to the same extent as when the question was postponed. (d) Availability of Record Votes on Committee Website. In addition to any other requirement of the Rules of the House, the Chair shall make the record votes on any measure or matter on which a record vote is taken, other than a motion to close a Committee hearing, briefing, or meeting, available on the Committee's website not later than 2 business days after such vote is taken. Such record shall include an unclassified description of the amendment, motion, order, or other proposition, the name of each member voting in favor of, and each member voting in opposition to, such amendment, motion, order, or proposition, and the names of those members of the Committee present but not voting. 7. SUBCOMMITTEES (a) Generally. (1) Creation of subcommittees shall be by majority vote of the Committee. (2) Subcommittees shall deal with such legislation and oversight of programs and policies as the Committee may direct. (3) Subcommittees shall be governed by these rules. (4) For purposes of these rules, any reference herein to the ``Committee'' shall be interpreted to include subcommittees, unless otherwise specifically provided. (b) Establishment of Subcommittees. The Committee establishes the following subcommittees: (1) Subcommittee on the Central Intelligence Agency; (2) Subcommittee on the National Security Agency and Cybersecurity (3) Subcommittee on Emerging Threats; and (4) Subcommittee on Department of Defense Intelligence and Overhead Architecture. (c) Subcommittee Membership. (1) Generally. Each member of the Committee may be assigned to at least one of the subcommittees. (2) Ex Officio Membership. In the event that the Chair and Ranking Minority Member of the full Committee do not choose to sit as regular voting members of one or more of the subcommittees, each is authorized to sit as an ex officio member of the subcommittees and participate in the work of the subcommittees. When sitting ex officio, however, they: (A) Shall not have a vote in the subcommittee; and (B) Shall not be counted for purposes of determining a quorum. (d) Regular Meeting Day for Subcommittees. There is no regular meeting day for subcommittees. 8. PROCEDURES FOR TAKING TESTIMONY OR RECEIVING EVIDENCE (a) Notice. Adequate notice shall be given to all witnesses appearing before the Committee. (b) Oath or Affirmation. The Chair may require testimony of witnesses to be given under oath or affirmation. (c) Administration of Oath or Affirmation. Upon the determination that a witness shall testify under oath or affirmation, any member of the Committee designated by the Chair may administer the oath or affirmation. (d) Questioning of Witnesses. (1) Generally. Questioning of witnesses before the Committee shall be conducted by members of the Committee. (2) Exceptions. (A) The Chair, in consultation with the Ranking Minority Member, may determine that Committee Staff will be authorized to question witnesses at a hearing in accordance with clause (2)(j) of House Rule XI. (B) The Chair and Ranking Minority Member are each authorized to designate Committee Staff to conduct such questioning. (e) Counsel for the Witness. (1) Generally. Witnesses before the Committee may be accompanied by counsel, subject to the requirements of paragraph (2). (2) Counsel Clearances Required. In the event that a meeting of the Committee has been closed because the subject to be discussed deals with classified information, counsel accompanying a witness before the Committee must possess the requisite security clearance and provide proof of such clearance to the Committee at least 24 hours prior to the meeting at which the counsel intends to be present. (3) Failure to Obtain Counsel. Any witness who is unable to obtain counsel should notify the Committee. If such notification occurs at least 24 hours prior to the witness' appearance before the Committee, the Committee shall then endeavor to obtain voluntary counsel for the witness. Failure to obtain counsel, however, will not excuse the witness from appearing and testifying. (4) Conduct of Counsel for Witnesses. Counsel for witnesses appearing before the Committee shall conduct themselves ethically and professionally at all times in their dealings with the Committee. (A) A majority of members of the Committee may, should circumstances warrant, find that counsel for a witness before the Committee failed to conduct himself or herself in an ethical or professional manner. (B) Upon such finding, counsel may be subject to appropriate disciplinary action. (5) Temporary Removal of Counsel. The Chair may remove counsel during any proceeding before the Committee for failure to act in an ethical and professional manner. (6) Committee Reversal. A majority of the members of the Committee may vote to overturn the decision of the Chair to remove counsel for a witness. (7) Role of Counsel for Witness. (A) Counsel for a witness: (i) Shall not be allowed to examine witnesses before the Committee, either directly or through cross-examination; but (ii) May submit questions in writing to the Committee that counsel wishes propounded to a witness; or (iii) May suggest, in writing to the Committee, the presentation of other evidence or the calling of other witnesses. (B) The Committee may make such use of any such questions, or suggestions, as the Committee deems appropriate. (f) Statements by Witnesses. (1) Generally. A witness may make a statement, which shall be brief and relevant, at the beginning and at the conclusion of the witness' testimony. (2) Length. Each such statement shall not exceed five minutes in length, unless otherwise determined by the Chair. (3) Submission to the Committee. Any witness desiring to submit a written statement for the record of the proceeding shall submit a copy of the statement to the Chief Clerk of the Committee. (A) Such statements shall ordinarily be submitted no less than 48 hours in advance of the witness' appearance before the Committee and shall be submitted in written and electronic format. (B) In the event that the hearing was called with less than 24 hours notice, written statements should be submitted as soon as practicable prior to the hearing. (g) Objections and Ruling. (1) Generally. Any objection raised by a witness, or counsel for the witness, shall be ruled upon by the Chair, and such ruling shall be the ruling of the Committee. (2) Committee Action. A ruling by the Chair may be overturned upon a majority vote of the Committee. (h) Transcripts. (1) Transcript Required. A transcript shall be made of the testimony of each witness appearing before the Committee during any hearing of the Committee. (2) Opportunity to Inspect. Any witness testifying before the Committee shall be given a reasonable opportunity to inspect the transcript of the hearing, and may be accompanied by counsel to determine whether such testimony was correctly transcribed. Such counsel: (A) May review the transcript only if he or she has the appropriate security clearances necessary to review any classified aspect of the transcript; and (B) Should, to the extent possible, be the same counsel that was present for such classified testimony. (3) Corrections. (A) Pursuant to Rule XI of the House Rules, any corrections the witness desires to make in a transcript shall be limited to technical, grammatical, and typographical corrections. (B) Corrections may not be made to change the substance of the testimony. (C) Such corrections shall be submitted in writing to the Committee within 7 days after the transcript is made available to the witnesses. (D) Any questions arising with respect to such corrections shall be decided by the Chair (4) Copy for the Witness. At the request of the witness, any portion of the witness' testimony given in executive session shall be made available to that witness if that testimony is subsequently quoted or intended to be made part of a public record. Such testimony shall be made available to the witness at the witness' expense. (i) Requests to Testify. (1) Generally. The Committee will consider requests to testify on any matter or measure pending before the Committee. (2) Recommendations for Additional Evidence. Any person who believes that testimony, other evidence, or commentary, presented at a public hearing may tend to affect adversely that person's reputation may submit to the Committee, in writing: (A) A request to appear personally before the Committee; (B) A sworn statement of facts relevant to the testimony, evidence, or commentary; or (C) Proposed questions for the cross-examination of other witnesses. (3) Committee Discretion. The Committee may take those actions it deems appropriate with respect to such requests. (j) Contempt Procedures. Citations for contempt of Congress shall be forwarded to the House only if: (1) Reasonable notice is provided to all members of the Committee of a meeting to be held to consider any such contempt recommendations; (2) The Committee has met and considered the contempt allegations; (3) The subject of the allegations was afforded an opportunity to state either in writing or in person, why he or she should not be held in contempt; and (4) The Committee agreed by majority vote to forward the citation recommendations to the House. (k) Release of Name of Witness. (1) Generally. At the request of a witness scheduled to be heard by the Committee, the name of that witness shall not be released publicly prior to, or after, the witness' appearance before the Committee. (2) Exceptions. Notwithstanding paragraph (1), the Chair may authorize the release to the public of the name of any witness scheduled to appear before the Committee. 9. INVESTIGATIONS (a) Commencing Investigations. The Committee shall conduct investigations only if approved by the Chair, in consultation with the Ranking Minority Member. (b) Conducting Investigations. An authorized investigation may be conducted by members of the Committee or Committee Staff designated by the Chair, in consultation with the Ranking Minority Member, to undertake any such investigation. 10. SUBPOENAS (a) Generally. All subpoenas shall be authorized by the Chair of the full Committee, upon consultation with the Ranking Minority Member, or by vote of the full Committee. (b) Subpoena Contents. Any subpoena authorized by the Chair of the full Committee or by the full Committee may compel: (1) The attendance of witnesses and testimony before the Committee; or (2) The production of memoranda, documents, records, or any other tangible item. (c) Signing of Subpoena. A subpoena authorized by the Chair of the full Committee or by the full Committee may be signed by the Chair or by any member of the Committee designated to do so by the full Committee. (d) Subpoena Service. A subpoena authorized by the Chair of the full Committee, or by the full Committee, may be served by any person designated to do so by the Chair. (e) Other Requirements. Each subpoena shall have attached thereto a copy of these rules. 11. COMMITTEE STAFF (a) Definition. For the purpose of these rules, ``Committee Staff' or ``Staff of the Committee'' means: (1) Employees of the Committee; (2) Consultants to the Committee; (3) Employees of other Government agencies detailed to the Committee; or (4) Any other person engaged by contract, or otherwise, to perform services for, or at the request of, the Committee. (b) Appointment of Committee Staff and Security Requirements. (1) Chair's Authority. Except as provided in paragraph (2), the Committee Staff shall be appointed, and may be removed, by the Chair and shall work under the general supervision and direction of the Chair. (2) Staff Assistance to Minority Membership. Except as provided in paragraphs (3) and (4), and except as otherwise provided by Committee Rules, the Committee Staff provided to the Minority Party members of the Committee shall be appointed, and may be removed, by the Ranking Minority Member of the Committee, and shall work under the general supervision and direction of such member. (3) Security Clearance Required. All offers of employment for prospective Committee Staff positions shall be contingent upon: (A) The results of a background investigation; and (B) A determination by the Chair that requirements for the appropriate security clearances have been met. (4) Security Requirements. Notwithstanding paragraph (2), the Chair shall supervise and direct the Committee Staff with respect to the security and nondisclosure of classified information. Committee Staff shall comply with requirements necessary to ensure the security and nondisclosure of classified information as determined by the Chair in consultation with the Ranking Minority Member. 12. LIMIT ON DISCUSSION OF CLASSIFIED WORK OF THE COMMITTEE (a) Prohibition. (1) Generally. Except as otherwise provided by these rules and the Rules of the House of Representatives, members of the Committee and Committee Staff shall not at any time, either during that person's tenure as a member of the Committee or as Committee Staff, or anytime thereafter, discuss or disclose, or cause to be discussed or disclosed: (A) The classified substance of the work of the Committee; (B) Any information received by the Committee in executive session; (C) Any classified information received by the Committee from any source; or (D) The substance of any hearing that was closed to the public pursuant to these rules or the Rules of the House. (2) Non-Disclosure in Proceedings. (A) Members of the Committee and the Committee Staff shall not discuss either the substance or procedure of the work of the Committee with any person not a member of the Committee or the Committee Staff in connection with any proceeding, judicial or otherwise, either during the person's tenure as a member of the Committee, or of the Committee Staff, or at any time thereafter, except as directed by the Committee in accordance with the Rules of the House and these rules. (B) In the event of the termination of the Committee, members and Committee Staff shall be governed in these matters in a manner determined by the House concerning discussions of the classified work of the Committee. (3) Exceptions. (A) Notwithstanding the provisions of subsection (a)(1), members of the Committee and the Committee Staff may discuss and disclose those matters described in subsection (a)(1) with: (i) Members and staff of the Senate Select Committee on Intelligence designated by the chair of that committee; (ii) The chairmen and ranking minority members of the House and Senate Committees on Appropriations and staff of those committees designated by the chairmen of those committees; and, (iii) The chair and ranking minority member of the Subcommittee on Defense of the House Committee on Appropriations and staff of that subcommittee as designated by the chair of that subcommittee, or Members of that subcommittee designated by the Chair pursuant to clause (g)(1) of Committee Rule 14. (B) Notwithstanding the provisions of subsection (a)(1), members of the Committee and the Committee Staff may discuss and disclose only that budget-related information necessary to facilitate the enactment of the annual defense authorization bill with the chairmen and ranking minority members of the House and Senate Committees on Armed Services and the staff of those committees as designated by the chairmen of those committees. (C) Notwithstanding the provisions of subsection (a)(1), members of the Committee and the Committee Staff may discuss with and disclose to the chair and ranking minority member of a subcommittee of the House Appropriations Committee with jurisdiction over an agency or program within the National Intelligence Program (NIP), and staff of that subcommittee as designated by the chair of that subcommittee, only that budget-related information necessary to facilitate the enactment of an appropriations bill within which is included an appropriation for an agency or program within the NIP. (D) The Chair may, in consultation with the Ranking Minority Member, upon the written request to the Chair from the Inspector General of an element of the Intelligence Community, grant access to Committee transcripts or documents that are relevant to an investigation of an allegation of possible false testimony or other inappropriate conduct before the Committee, or that are otherwise relevant to the Inspector General's investigation. (E) Upon the written request of the head of an Intelligence Community element, the Chair may, in consultation with the Ranking Minority Member, make available Committee briefing or hearing transcripts to that element for review by that element if a representative of that element testified, presented information to the Committee, or was present at the briefing or hearing the transcript of which is requested for review. (F) Members and Committee Staff may discuss and disclose such matters as otherwise directed by the Committee. (4) Records of Closed Proceedings. Any records or notes taken by any person memorializing material otherwise prohibited from disclosure by members of the Committee and Committee Staff under these rules, including information received in executive session and the substance of any hearing or briefing that was closed to the public, shall remain Committee material subject to these rules and may not be publicly discussed, disclosed, or caused to be publicly discussed or disclosed, unless authorized by the Committee consistent with these rules. (b) Non-Disclosure Agreement. (1) Generally. All Committee Staff must, before joining the Committee Staff agree in writing, as a condition of employment, not to divulge or cause to be divulged any classified information which comes into such person's possession while a member of the Committee Staff, to any person not a member of the Committee or the Committee Staff, except as authorized by the Committee in accordance with the Rules of the House and these Rules. (2) Other Requirements. In the event of the termination of the Committee, members and Committee Staff must follow any determination by the House of Representatives with respect to the protection of classified information received while a member of the Committee or as Committee Staff. (3) Requests for Testimony of Staff. (A) All Committee Staff must, as a condition of employment, agree in writing to notify the Committee immediately of any request for testimony received while a member of the Committee Staff, or at any time thereafter, concerning any classified information received by such person while a member of the Committee Staff. (B) Committee Staff shall not disclose, in response to any such request for testimony, any such classified information, except as authorized by the Committee in accordance with the Rules of the House and these rules. (C) In the event of the termination of the Committee, Committee Staff will be subject to any determination made by the House of Representatives with respect to any requests for testimony involving classified information received while a member of the Committee Staff 13. classified material (a) Receipt of Classified Information. (1) Generally. In the case of any information that has been classified under established security procedures and submitted to the Committee by any source, the Committee shall receive such classified information as executive session material. (2) Staff Receipt of Classified Materials. For purposes of receiving classified information, the Committee Staff is authorized to accept information on behalf of the Committee. (b) Non-Disclosure of Classified Information. Any classified information received by the Committee, from any source, shall not be disclosed to any person not a member of the Committee or the Committee Staff, or otherwise released, except as authorized by the Committee in accordance with the Rules of the House and these rules. (c) Exception for Non-Exclusive Materials. (1) Non-Exclusive Materials. Any materials provided to the Committee by the executive branch, if provided in whole or in part for the purpose of review by members who are not members of the Committee, shall be received or held by the Committee on a non-exclusive basis. Classified information provided to the Committee shall be considered to have been provided on an exclusive basis unless the executive branch provides a specific, written statement to the contrary. (2) Access for Non-Committee Members. In the case of materials received on a non-exclusive basis, the Chair, in consultation with the Ranking Minority Member, may grant non- Committee members access to such materials in accordance with the requirements of Rule 14(f)(4), notwithstanding paragraphs (1), (2), and (3) of Rule 14. 14. procedures related to handling of classified information (a) Security Measures. (1) Strict Security. The Committee's offices shall operate under strict security procedures administered by the Director of Security and Registry of the Committee under the direct supervision of the Staff Director. (2) U.S. Capitol Police Presence Required. At least one U.S. Capitol Police officer shall be on duty at all times outside the entrance to Committee offices to control entry of all persons to such offices. (3) Identification Required. Before entering the Committee's offices all persons shall identify themselves to the U.S. Capitol Police officer described in paragraph (2) and to a member of the Committee or Committee Staff. (4) Maintenance of Classified Materials. Classified documents shall be segregated and maintained in approved security storage locations. (5) Examination of Classified Materials. Classified documents in the Committee's possession shall be examined in an appropriately secure manner. (6) Prohibition on Removal of Classified Materials. Removal of any classified document from the Committee's offices is strictly prohibited, except as provided by these rules. (7) Exception. Notwithstanding the prohibition set forth in paragraph (6), a classified document, or copy thereof, may be removed from the Committee's offices in furtherance of official Committee business. Appropriate security procedures shall govern the handling of any classified documents removed from the Committee's offices. (b) Access to Classified Information by Members. All members of the Committee shall at all times have access to all classified papers and other material received by the Committee from any source. (c) Need-to-know. (1) Generally. Committee Staff shall have access to any classified information provided to the Committee on a strict ``need-to-know'' basis, as determined by the Committee, and under the Committee's direction by the Staff Director. (2) Appropriate Clearances Required. Committee Staff must have the appropriate clearances prior to any access to compartmented information. (d) Oath. (1) Requirement. Before any member of the Committee, or the Committee Staff, shall have access to classified information, the following oath shall be executed: ``I do solemnly swear (or affirm) that I will not disclose or cause to be disclosed any classified information received in the course of my service on the House Permanent Select Committee on Intelligence, except when authorized to do so by the Committee or the House of Representatives.'' (2) Copy. A copy of such executed oath shall be retained in the files of the Committee. (e) Registry. (1) Generally. The Committee shall maintain a registry that: (A) Provides a brief description of the content of all classified documents provided to the Committee by the executive branch that remain in the possession of the Committee; and (B) Lists by number all such documents. (2) Designation by the Staff Director. The Staff Director shall designate a member of the Committee Staff to be responsible for the organization and daily maintenance of such registry. (3) Availability. Such registry shall be available to all members of the Committee and Committee Staff. (f) Requests by Members of Other Committees. Pursuant to the Rules of the House, members who are not members of the Committee may be granted access to such classified transcripts, records, data, charts, or files of the Committee, and be admitted on a non-participatory basis to classified hearings of the Committee involving discussions of classified material in the following manner: (1) Written Notification Required. Members who desire to examine classified materials in the possession of the Committee, or to attend Committee hearings or briefings on a non-participatory basis, must notify the Chief Clerk of the Committee in writing. Such notification shall state with specificity the justification for the request and the need for access. (2) Committee Consideration. The Committee shall consider each such request by non-Committee members at the earliest practicable opportunity. The Committee shall determine, by record vote, what action it deems appropriate in light of all of the circumstances of each request. In its determination, the Committee shall consider: (A) The sensitivity to the national defense or the confidential conduct of the foreign relations of the United States of the information sought; (B) The likelihood of its being directly or indirectly disclosed; (C) The jurisdictional interest of the member making the request; and (D) Such other concerns, constitutional or otherwise, as may affect the public interest of the United States. (3) Committee Action. After consideration of the member's request, the Committee may take any action it deems appropriate under the circumstances, including but not limited to: (A) Approving the request, in whole or part; (B) Denying the request; (C) Providing the requested information or material in a different form than that sought by the member; or (D) Making the requested information or material available to all members of the House. (4) Chair and Ranking Member Consideration of Requests for Previously Granted Materials: If the Committee has granted a non-Committee member access to classified materials, the Chair and Ranking Member may jointly determine, in writing, what action they deem appropriate for subsequent requests for the same materials in the same Congress. (A) In their determination, the Chair and Ranking Member shall consider the factors described in paragraph (2) and may take any action they deem appropriate, including, but not limited to, the actions described in paragraph (3) and referring the request to the Committee for consideration. (B) If the Chair and Ranking Member are unable to reach a joint determination or if they refer a request to the Committee as described in subparagraph (A), the Committee shall consider the request at the earliest practicable opportunity in the manner described in paragraphs (2) and (3). (5) Requirements for Access by Non-Committee Members. Prior to a non-Committee member being given access to classified information pursuant to this subsection, the requesting member shall: (A) Provide the Committee a copy of the oath executed by such member pursuant to House Rule XXIII, clause 13; and (B) Agree in writing not to divulge any classified information provided to the member, pursuant to this subsection, to any person not a member of the Committee or the Committee Staff, except as otherwise authorized by the Committee in accordance with the Rules of the House and these rules. (6) Consultation Authorized. When considering a member's request, the Committee may consult the Director of National Intelligence and such other officials it considers necessary. (7) Finality of Committee Decision. (A) Should the member making such a request disagree with the determination by the Committee or the determination by the Chair and Ranking Member with respect to that request or any part thereof, that member must notify the Committee in writing of such disagreement. (B) The Committee shall subsequently consider the matter and decide, by record vote, what further action or recommendation, if any, the Committee will take. (g) Admission of Designated Members of the Subcommittee on Defense of the Committee on Appropriations. Notwithstanding the provisions of subsection (f), the Chair may admit no more than three designated Members of the Subcommittee on Defense of the Committee on Appropriations to classified hearings and briefings of the Committee involving discussions of classified material. Such Members may also be granted access to classified transcripts, records, data, charts or files of the Committee incident to such attendance. (1) Designation. The Chair may designate three Members of the Subcommittee to be eligible for admission in consultation with the Ranking Minority Member, of whom not more than two may be from the same political party. Such designation shall be effective for the entire Congress. (2) Admission. The Chair may determine whether to admit designated Members at each hearing or briefing of the Committee involving discussions of classified material. If the Chair admits any of the designated Members to a particular hearing or briefing, all three of the designated Members shall be admitted to that hearing or briefing. Designated Members shall not be counted for quorum purposes and shall not have a vote in any meeting. (3) Requirements for Access. Prior to being given access to classified information pursuant to this subsection, a designated Member shall: (A) Provide the Committee a copy of the oath executed by such Member pursuant to House Rule XXIII, clause 13; and (B) Agree in writing not to divulge any classified information provided to the Member pursuant to this subsection to any person not a Member of the Committee or a designated Member or authorized Staff of the Subcommittee on Defense of the Committee on Appropriations, except as otherwise authorized by the Committee in accordance with the Rules of the House and these rules. (h) Admission of the Chair and Ranking Member of the Committee on Armed Services. 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Prior to being given access to classified information pursuant to this subsection, the Chair and Ranking Member of the Committee on Armed Services shall: (A) Provide the Committee a copy of the oath executed by such member pursuant to House Rule XXIII, clause 13; and (B) Agree in writing not to divulge any classified or executive session information provided to the member pursuant to this subsection to any person not a member of the Committee or authorized staff of the Committee on Armed Services except as otherwise authorized by the Committee in accordance with the Rules of the House and these rules. (i) Advising the House or Other Committees. 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(2) In such cases, the Committee shall consider whether: (A) To request an immediate secret session of the House (with time equally divided between the Majority and the Minority); or (B) To publicly disclose the matter in question pursuant to clause 11(g) of House Rule X. (m) Requirement to Protect Sources and Methods. In bringing a matter to the attention of the House, or another committee, the Committee, with due regard for the protection of intelligence sources and methods, shall take all necessary steps to safeguard materials or information relating to the matter in question. (n) Availability of Information to Other Committees. The Committee, having determined that a matter shall be brought to the attention of another committee, shall ensure that such matter, including all classified information related to that matter, is promptly made available to the chair and ranking minority member of such other committee. (o) Provision of Materials. The Director of Security and Registry for the Committee shall provide a copy of these rules, and the applicable portions of the Rules of the House of Representatives governing the handling of classified information, along with those materials determined by the Committee to be made available to such other committee of the House or non-Committee member. (p) Ensuring Clearances and Secure Storage. The Director of Security and Registry shall ensure that such other committee or non-Committee member receiving such classified materials may properly store classified materials in a manner consistent with all governing rules, regulations, policies, procedures, and statutes. (q) Log. 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Unless otherwise directed by the Committee, legislative measures referred to the Committee may be referred by the Chief Clerk to the appropriate department or agency of the Government for reports thereon. 16. COMMITTEE WEBSITE The Chair shall maintain an official Committee web site for the purpose of furthering the Committee's legislative and oversight responsibilities, including communicating information about the Committee's activities to Committee members and other members of the House. 17. MOTIONS TO GO TO CONFERENCE In accordance with clause 2(a) of House Rule XI, the Chair is authorized and directed to offer a privileged motion to go to conference under clause 1 of House Rule XXII whenever the Chair considers it appropriate. 18. COMMITTEE TRAVEL (a) Authority. The Chair may authorize members and Committee Staff to travel on Committee business. (b) Requests. (1) Member Requests. 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Such report shall be: (A) Available for review by any member or appropriately cleared Committee Staff; and (B) Considered executive session material for purposes of these rules. (e) Limitations on Travel. (1) Generally. The Chair is not authorized to permit travel on Committee business of Committee Staff who have not satisfied the requirements of subsection (d) of this rule. (2) Exception. The Chair may authorize Committee Staff to travel on Committee business, notwithstanding the requirements of subsections (d) and (e) of this rule. (A) At the specific request of a member of the Committee; or (B) In the event there are circumstances beyond the control of the Committee Staff hindering compliance with such requirements. (f) Definitions. For purposes of this rule the term ``reasonable period of time'' means: (1) No later than 60 days after returning from a foreign trip; and (2) No later than 30 days after returning from a domestic trip. 19. DISCIPLINARY ACTIONS (a) Generally. 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A majority of the members of the full Committee may vote to overturn the decision of the Chair to take disciplinary action pursuant to subsection (b). 20. BROADCASTING COMMITTEE MEETINGS Whenever any hearing or meeting conducted by the Committee is open to the public, a majority of the Committee may permit that hearing or meeting to be covered, in whole or in part, by television broadcast, radio broadcast, and still photography, or by any of such methods of coverage, subject to the provisions and in accordance with the spirit of the purposes enumerated in the Rules of the House. 21. COMMITTEE RECORDS TRANSFERRED TO THE NATIONAL ARCHIVES (a) Generally. The records of the Committee at the National Archives and Records Administration shall be made available for public use in accordance with the Rules of the House of Representatives. (b) Notice of Withholding. The Chair shall notify the Ranking Minority Member of any decision, pursuant to the Rules of the House of Representatives, to withhold a record otherwise available, and the matter shall be presented to the full Committee for a determination of the question of public availability on the written request of any member of the Committee. 22. CHANGES IN RULES (a) Generally. These rules may be modified, amended, or repealed by vote of the full Committee. (b) Notice of Proposed Changes. A notice, in writing, of the proposed change shall be given to each member at least 48 hours prior to any meeting at which action on the proposed rule change is to be taken.

Mr. NUNES

Mr. NUNES. Mr. Speaker, I rise today to congratulate and pay tribute to David R. Shedd, one of the premier leaders of our nation's intelligence community. Mr. Shedd was named Acting Director of the Defense Intelligence Agency in August 2014, following four years of service as the Deputy Director. He leads the Defense Intelligence Enterprise workforce, which comprises more than 16,500 military and civilian employees worldwide. Mr. Shedd retires on January 23, 2015, with 32 years of honorable service. Throughout his distinguished career, Mr. Shedd has displayed remarkable vision, leadership, and an unwavering commitment to our nation's security that are worthy of our recognition. A driving force in the intelligence community, Mr. Shedd initiated necessary improvements to information sharing and intelligence integration, better preparing the IC as a whole to confront national security threats. From May 2007 to August 2010, Mr. Shedd served as the Director of National Intelligence Deputy for Policy, Plans, and Requirements, where he was responsible for overseeing the formulation and implementation of major IC policies across the full spectrum of issues, from information sharing and IC authorities to analytic standards, among others. In particular, he led the review of Executive Order 12333, the foundational U.S. intelligence policy, which was revised by President George W. Bush in July 2008. Additionally, Mr. Shedd developed and implemented a National Intelligence Strategy for the IC that was published in August 2009, and led all strategic planning efforts to determine future intelligence priorities for the Community and the nation. In all these positions, Mr. Shedd was at the forefront of our nation's most critical intelligence reforms during a crucial point in our history. From May 2005 to April 2007, Mr. Shedd served as Chief of Staff and later as Acting Director of the Intelligence Staff to the Director of National Intelligence. Prior to the creation of the Office of the Director of National Intelligence, Mr. Shedd held intelligence policy positions at the National Security Council from February 2001 to May 2005. He served as the NSC's Special Assistant to the President and Senior Director for Intelligence Programs and Reform. Mr. Shedd has been directly involved in the implementation of intelligence reform stemming from the 9/11 Commission report in July 2004, the Intelligence Reform and Terrorism Prevention Act of 2004, and the Weapons of Mass Destruction Commission's report to the President in March 2005. From 1984 to 1993, Mr. Shedd was posted overseas in U.S. Embassies in Costa Rica and Mexico. Mr. Shedd has also held various senior management assignments at the Central Intelligence Agency, including Chief of Congressional Liaison. Mr. Speaker, as the Acting Director of the Defense Intelligence Agency, Mr. Shedd provided vision and continuity at an important and transformational time in the Agency's history. He worked to strengthen integration and collaboration with the Combatant Commands, and to make DIA more flexible and responsive to intelligence requirements. DIA is more ready today than at any other time in its history to support our warfighters though expeditionary operations and robust reach-back support. Through his exceptional knowledge and superb communication skills, Mr. Shedd served as a critical bridge between the military intelligence community and its civilian overseers on time-sensitive intelligence issues. During this period of fiscal austerity, Mr. Shedd also addressed several significant issues concerning workforce shaping in order to better position DIA to be more relevant and mission capable. Of note, Mr. Shedd acted as an effective mentor for DIA's workforce, generously making himself available to the most junior employees and providing expert guidance, judgment, and counsel at every opportunity. Without question, the bedrock principles of placing people first and selfless service defined all of David Shedd's leadership decisions. He leaves behind a more innovative and collaborative DIA, one that will be ready to face our national security challenges and support its most important customers: the soldiers, sailors, airmen, Marines, and civilians who stand in harm's way around the world. Mr. Speaker, while the Intelligence Community will be losing a leader who has answered the call time and again at critical points in our nation's history, I know David will be happy to spend more time with his wife Lisa and their sons Jeremy and DJ, as well as DJ's wife Megan. Despite giving so much to the nation during his remarkable career, David always ensured that he was an exemplary husband and father as well as a devoted son. On behalf of a grateful nation and my colleagues in the U.S. Congress, I thank David and his family for his many years of faithful service and a job well done, and I wish him the very best of luck in his future endeavors as a teacher and speaker, and in his charitable endeavors that are so close to his heart.

Mr. NUNES

Mr. NUNES. Mr. Speaker, listening to the rhetoric that is coming from the other side, I am reminded of the old saying about the Soviet Union: if you tell a lie long enough, eventually people will believe you. There is hardly anything coming from the other side of the aisle that is even remotely close to the truth. I don't have enough time to go through it all, but let me just hit the high points. Number one, let's start with the facts on the table. Most of the population in California lives in the Greater San Francisco Bay Area or Los Angeles, which mostly Democrats represent, and which is the home of the 1 percent in California. The poor people that they continue to make more poor are my constituents because they have taken their water and dumped our water out into the ocean. Let's take the example of San Francisco in the Greater Bay Area. They get their water not only from the delta, but also the United States Congress passed legislation in the early part of last century that allows water to be piped over from Yosemite National Park directly over to the Bay Area. This is our water. This water should be going to the San Joaquin Valley. They have given up none of that. You have a Member who has been here for 40-some years who made the claim that some people are reaching in and taking their water. Well, no, it is the opposite. Once again, if you tell a lie long enough, I guess you think eventually people will agree with you or believe you. This is about San Francisco and Los Angeles getting all of their water, never giving up one drop, and they have taken the water from our communities. As the majority leader said, we have communities that continue to suffer 20, 30, or 40 percent unemployment while the 1 percent on the coast say nothing, do nothing. They complain about it. They give big subsidies to their salmon fishery buddies and the environmental community. We have other people on the other side of the aisle who made their whole careers making millions of dollars off of lawsuits, bringing lawsuits against the farms, that remain undisclosed in the dark today. So, Mr. Speaker, we need to get the truth out on the table here.

Mr. NUNES. So what we are doing here now is, we have been working diligently with Senator Feinstein and Senator Boxer, but you have one of the Senators decide that she didn't want to come up with a solution. We got the bill from being permanent down to just an 18-month temporary bill. We have floodwaters today that are not being pumped that historically were pumped. We have communities that are completely out of water, 100 percent out of water, yet the 1 percent, they don't care. I have heard a lot about the 1 percent around this place. The rhetoric from the other side, that rhetoric represents the 1 percent. We represent the people that are unemployed because of their 1 percent policies. So, Mr. Speaker, I hope that we can get back to the truth. If we can get this bill passed, it gives the Senate an opportunity to amend the bill, send it back in the waning days of this Congress. If they cannot, then we have to start back in January with new legislation. But, in the meantime, people are out of work, cities are out of water, towns are out of water, rural homes are out of water, schools are out of water, churches are out of water, because the folks on the other side of the aisle spent 40 years taking water away and keeping it for themselves.

Mr. NUNES

Mr. NUNES. Mr. Speaker, I thank the gentleman from Idaho, my good friend. I just want to echo what you were saying, Mr. Simpson, that Tom Latham actually is a guy who came here, doesn't seek the limelight, but seeks to get things done. It is tough for me to say this about him because he is my good friend and he is going to rib me about this later. But he really does try to get things done. You don't see him running out to the TV, to the news shows. You don't see him running out holding press conferences. But what you do see is someone who works. I can tell you that when I first arrived here in Washington, Tom was one of the first people who came up to me and talked to me about--asked if he could help me in any way. He was a farmer from, obviously, the great State of Iowa, and he knew that I was a farmer from the great State of California. We shared what we had in common, and then he asked how he could be helpful. From day one, Tom has been one of my best friends here, and I don't think there has ever been a day that we have been in Congress that I haven't spoke to Tom. And then, we always talk over the time that we are not here also. I have had numerous times when Tom has come out to California to visit my district and to do some good, quality work in meeting with some of my constituents. At the same time, in talking about Tom's work ethic, Tom has had me out to his district in Iowa several times. Typically, you think you are going to do a short, little meeting with some folks, but I can tell you that, when I went out there, Tom actually put me to work. We had to spend a full day working. I remember, Tom, that you put on a conference for all of your community leaders--your business leaders and your government leaders. You had people from all over the State of Iowa who came there for a full day's session about how your office, its being the last link to the Federal Government, could better serve your constituents. That is really what this is about, Madam Speaker. Tom worked very hard for his constituents. He didn't try to get press out of it, and he didn't try to make a big deal about it; but you could tell, when I was on the ground there--the several times I was there--that it was about working. It was about working with people, working with his constituents, and about trying to represent them here in Washington the best way that he could. I know the people of Iowa will miss him. I think you have represented almost the entire State of Iowa at one point or another. His district has moved around so much over the years. Tom's family, obviously, great people. His wife, Kathy, deserves a lot of praise for having to deal with him over all of these years that he has been in Washington, traveling back and forth. It takes a special person, and Kathy really is a special, special person to not only deal with Tom but also to put up with having to deal with the tough things that people say. Mr. Latham has been through many tough elections, and it takes a very tough person to have to deal with the things that come out in political campaigns, as we are all familiar with. I know Tom is very proud of his children and grandchildren, and I know that is part of the reason he is leaving us--because he has served his country, and he did the best that he could do for the time that he was here. I think he has a long tradition of serving the people of Iowa--just like his parents, who were community leaders in northern Iowa there, and also his brothers. I think you had at least one or two brothers who served with distinction in Vietnam, as I remember. I have met all of them, I think, over the years. Anyway, Madam Speaker, it is kind of a sad day for me to be down here on the floor of the House but also, I think, a happy day for Tom and his family because he will be able to spend time with his children and grandchildren, which we know, when we are here in Washington, is tough to do.

Mr. NUNES

Mr. NUNES. Mr. Speaker, I yield myself such time as I may consume. I would like to thank the gentleman from Arizona for his kind words. Mr. Speaker, in closing, I want to say a special thanks to Chairman Dave Camp, Ranking Member Levin, all the Ways and Means staff that worked on this legislation. This is legislation that has been around for several years. And especially I would like to thank Damon Nelson from my staff, who has been on this doggedly since he found out the injustice that was being done to tribes across America. So I would like to thank him for his special support for doing the important work that our staff does to get something like this across the finish line. With that, Mr. Speaker, I yield back the balance of my time.

Mr. NUNES. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3043) to amend the Internal Revenue Code of 1986 to clarify the treatment of general welfare benefits provided by Indian tribes.

Mr. NUNES. Mr. Speaker, I too would like to thank the gentleman for making this truly one of the few bipartisan bills that has no opposition, where we come together for the right reasons to get something done for the benefit of all of our communities, especially our tribal communities. Mr. Speaker, I yield 2 minutes to the gentleman from New York (Mr. Reed).

Mr. NUNES. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to include extraneous material on the subject of the bill under consideration.

Mr. NUNES. Mr. Speaker, I yield myself such time as I may consume. I rise today in support of the Tribal General Welfare Exclusion Act. This bill would clarify the Tax Code so that spending by Native American tribes on health care, housing, education, care for the elderly and disabled, and other programs for the good of the tribe will be excluded from taxes. These programs were traditionally tax-exempt, but in recent years the IRS has informally reinterpreted the rules in order to tax more and more of these programs. Simultaneously, the agency has subjected tribes to expensive and intrusive audits. With their unique history of tribal sovereignty, Native Americans should not be subjected to arbitrary tax enforcement. This bill would put tribes on par with State and local governments and would end unwarranted intrusions into tribal self-government. It is broadly supported across the country and was actually given a zero score by the Joint Tax Committee. Thus, I urge my colleagues to support the Tribal General Welfare Exclusion Act, and I will be submitting a more detailed statement for the Record that will provide clarity, context, and congressional intent for this legislation. Mr. Speaker, considering a committee report will not accompany H.R. 3043, which is being considered by the House today, I take this opportunity as the author of the legislation to provide some context and congressional intent. Under current law, taxpayers must generally include all items of income in computing gross income. Internal Revenue Service (IRS) guidance has established a general welfare exclusion under which payments made to individuals by governmental entities pursuant to legislatively provided social benefit programs for the promotion of the general welfare are not included in the recipient's gross income. To qualify under the general welfare exclusion, payment (1) must be made under a government program; (2) must be made for the promotion of general welfare; and (3) must not be made as compensation for services. In evaluating Indian tribal government programs under the general welfare exclusion, including the second prong of this test (``for the promotion of general welfare''), the IRS has frequently insisted that tribal benefits be based on individualized determinations of financial need. This stipulation prevents the general welfare exclusion from covering programs designed to provide substantially equal benefits to all qualifying members of a tribe or to provide benefits based on determinations of needs that are not financial in nature. These needs would include health coverage programs, education and cultural programs, elder programs, and housing programs. Under IRS guidance released in June 2014, however, the IRS will conclusively presume that payments from Indian tribes to tribal members and their spouses and dependents will qualify under the general welfare exclusion without a determination of need if certain requirements are met. Under Revenue Procedure 2014-35, the payments (1) must be made pursuant to a specific Indian tribal government program with written guidelines; (2) must not discriminate in favor of the tribe's governing body and be made available to all qualifying members of the tribe; (3) must not be compensation for services; and (4) must not be lavish or extravagant. In addition, only certain types of programs that meet the procedural requirements will qualify for the conclusive presumption. The Revenue Procedure lists 23 such non-exclusive qualifying programs covering housing, education, elder care, health care, culture, and other welfare projects. Taxpayers may apply the rules retroactively to file for refunds for any open tax years. The provisions in H.R. 3043 would codify this IRS guidance, specifically applying the general welfare exclusion to Indian tribes and payments received by tribal members, their spouses and children. The bill mandates that tribal government benefits would qualify for exclusion under the general welfare doctrine so long as the benefits (1) are provided pursuant to a specific Indian tribal government program; (2) are available to all tribal members (including spouses and dependents) who meet the government program's guidelines; (3) are not lavish or extravagant; and (4) are not compensation for services. The provisions in H.R. 3043 also require that the tribal program be ``for the promotion of general welfare,'' but would not limit its application through conclusive presumption to specific types or examples of tribal programs. I expect that the IRS will apply this requirement in a manner that is no less favorable than the safe harbor approach in Revenue Procedure 2014-35, and that the IRS will not interpret the statute as requiring individualized determinations of financial need where a tribal government has established a program consistent with the statute. In construing the individual statutory requirements, including a determination of whether a program is ``for the promotion of general welfare'', it is expected that the IRS will develop regulations that are no less favorable to tribes than Revenue Procedure 2014-35, including no limitation of a tribe's ability to address community needs and to make benefits available to all eligible tribal members. This is based on the legislative purpose of the bill as well as the specific statutory construction provision in Section 2 (c) of the bill, which states that ``deference shall be given to Indian tribal governments for the programs administered and authorized by the tribe to benefit the general welfare of the tribal community.'' Provisions in H.R. 3043 also would require the Treasury Department to (1) establish a Tribal Advisory Committee to advise the IRS and Treasury on matters relating to taxation of Indians; (2) establish and provide training and education for IRS agents and tribal financial officers about the new provisions; and (3) suspend audits and examinations of Indian tribal governments and tribal members related to the general welfare exclusion until this education has been provided. Concerns linger that the IRS may not fully understand the role that general welfare programs play in maintaining tribal culture and tradition, and that these issues should be addressed through government-to-government consultation rather than through tribal or member audits that may deter tribes from preserving culture and tradition or pursuing self-determination. It is intended that the Tribal Advisory Committee address these concerns and work with tribes on a government-to-government basis. This would be accomplished by appointing qualified tribal leaders and in the alternative, qualified tribal financial officers to the Tribal Advisory Committee. Such qualified individuals would have intimate knowledge of federal Indian law and policy, as well as the financial and community needs of Indian tribes. These qualifications would enhance the Department's administration of federal tax policies affecting tribal governments while ensuring that treaty rights and principles of tribal self- governance are properly balanced with federal tax policy. The provisions in H.R. 3043 codifying the IRS guidance concerning the general welfare exclusion would be effective for tax years for which the period of limitations is open as of the date of enactment. Taxpayers would have one additional year from the date of enactment to file for a refund with respect to any such open tax year. And, the bill would provide the IRS with discretion to waive any interest and penalties under the Code for any tribe or tribal member in connection with the general welfare exclusion. Mr. Speaker, I appreciate the opportunity to provide clarity, context, and congressional intent for this legislation. Mr. Speaker, I reserve the balance of my time.

Mr. NUNES. Mr. Speaker, I would like to thank the gentleman from Wisconsin. At this time, Mr. Speaker, we have one final speaker left. I yield 2 minutes to the gentleman from Arizona (Mr. Schweikert).

Mr. NUNES

Mr. NUNES. Mr. Speaker, I rise today to honor the life and career of the late Tom Vidmar. Tom took on major responsibilities at an early age, becoming the primary caretaker for himself and his two younger brothers when he was fourteen. He quit high school to work jobs at a corner grocery store and at a gas station At the age of seventeen he joined the U.S. Navy, working as a jet mechanic and later patrolling the coast of Vietnam. After completing his military service, he worked various jobs while simultaneously earning a high school diploma, a degree from Fresno City College, and eventually a Bachelor of Science Degree in Industrial Technology and a minor in Business from California State University, Fresno. After working as a representative of Ford Motor Co., Mr. Vidmar established Anlin Window Systems in Fresno, moving the company to Clovis in 1999. The company grew to encompass 350 employees and earned many accolades, including its designation by this very House as an ``Industrial Business of the Year.'' It is well known not only for being a successful company, but also for the icons of Americana and the U.S. flags that adorn its building, as well as its Fourth of July military tributes and Christmas displays. These characteristics reflected the qualities of the company's founder. Mr. Vidmar was a deeply religious man and an altruistic member of the community who supported a wide array of local charitable activities. He was a great patriot and proud family man whose sons, both of whom were among Anlin's very first employees, now help run the family business. He leaves behind his wife Linda, two sons, eight grandchildren, and a community that is grateful for all his contributions.

Mr. NUNES

Mr. NUNES. Madam Chair, the United States has a strong history of negotiating high-standard trade agreements that grow our exports and create jobs. Already, international trade supports more than 4.4 million jobs in California and 38 million jobs nationwide. We are in the midst of negotiating significant trade agreements with partners in the Asia-Pacific, Europe, and elsewhere. But because Trade Promotion Authority is not in place, we are negotiating with one hand tied behind our back. As a result, some of our negotiating partners are seeking to lower the standards of our trade agreements by excluding key products from full tariff elimination. In the Trans-Pacific Partnership negotiations, countries such as Japan and Canada are seeking to exclude critical agriculture products from full tariff elimination. I am deeply concerned about this development for several reasons. First, such exclusions from full tariff elimination would harm U.S. exporters and put them at a significant disadvantage, denying them valuable market access and leading to a ripple effect as other countries seek to exclude their sensitive products from liberalization. In fact, just yesterday, key agriculture groups called on the Administration to conclude TPP without Japan if it continues to resist opening its agriculture market. Second, allowing exclusions in TPP would make it harder to reach good outcomes in future negotiations. Already, EU negotiators, empowered by Japan's intransience, argue that they should be able to exclude products in the TTIP negotiations. And the Chinese are doing the same in negotiations to expand the information technology agreement in the WTO. Madam Chair, I had intended to introduce an amendment today that would ensure that the United States concludes only high standard agreements by prohibiting the Administration from negotiating or entering into a trade agreement that excludes any product from full tariff elimination. Such an amendment would ensure that we continue to secure maximum market access for our job-creating exporters. However, I decided not to introduce this amendment based on an understanding with the United States Trade Representative, Ambassador Froman, that he would work very closely with Chairman Camp and me to conclude a strong and ambitious agreement and would keep us informed about these negotiations in detail so that we may advise the Administration. I take that commitment very seriously, and it is only with this specific understanding that I am not offering this amendment tonight. Again, I note that the current state of our negotiations shows the urgent need for TPA. Negotiating trade agreements with a strong Congressional mandate is vital to ensuring the best agreements possible. That's why I joined in introducing H.R. 3830, the Bipartisan Congressional Trade Priorities Act, earlier this year. This legislation gives our negotiators maximum leverage to get the best deal possible in our trade negotiations and is key to unlocking new markets and creating U.S. jobs.

Mr. NUNES

Mr. NUNES. Mr. Chairman, I have an amendment at the desk.

Mr. NUNES. Mr. Chairman, first, I would like to thank the chairman and ranking member for their support of this amendment. And I will be very quick here. This base is a very important location for us in the middle of the Atlantic. Over the last decade, we have invested about $150 million into the infrastructure there. Now the Air Force is talking about actually tearing down facilities there. It is starting to spend money to tear it down. This doesn't make a lot of sense to me, nor does it to the Congress, because last Congress, both in the NDAA and in the Defense Appropriations bills, the Congress said very specifically that this was a facility that needed to be used. The military needed to figure out a use for it. They were not to draw down the forces there. Instead, the Air Force continues to ignore the Congress, so much so that now they want to use funds to tear down facilities. This is a complete rejection of, I think, Congress' prerogative and Congress' intent of the laws from last year. So now we have to go into the Military Construction Appropriations bill to make sure that we hold people accountable. I would say that this is, I think, just a placeholder. Because when you start to look at the money that has been spent over the last 10 years--as I said, $150 million--if this is something the Air Force didn't want, then I think it is time for to ask for the GAO to come in and really study who it was that did the planning to spend the $150 million in first place, and possibly even an IG investigation. I look forward to working with the chairman and the ranking member, and I yield back the balance of my time.

Mr. NUNES

Mr. NUNES. Mr. Speaker, pursuant to House Resolution 555, I call up the bill (H.R. 4414) to clarify the treatment under the Patient Protection and Affordable Care Act of health plans in which expatriates are the primary enrollees, and for other purposes, and ask for its immediate consideration.

Mr. NUNES. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to include extraneous material on H.R. 4414.

Mr. NUNES. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the bill before the House today comes down to one simple question: Will we allow American companies to offer expatriate plans or will we force the offshoring of these plans? Will we support employment in America or stimulate employment overseas? Mr. Carney and I have worked carefully and in good faith on a bipartisan basis to craft a bill that is limited in scope while at the same time remaining true to our commitment to save American jobs. There have been a few changes to the bill since a bipartisan majority of the House supported it a few weeks ago. We clarified that an expatriate plan must be a comprehensive health care health plan and not a mini-med or other substandard plan. We tightened the definition of an expatriate. The bill says that an expatriate must be abroad for at least 6 months. This is a much tougher standard, and it will guard against potential abuse. The bill now also requires an expatriate plan to offer reimbursements in more than two currencies. Plans meet this requirement today, but the addition of this provision protects against the possible abuse of the expatriate exemption in the future. Finally, Mr. Speaker, the bill now makes explicit that the expatriate plans must continue to comply with relevant laws enacted prior to ACA, specifically ERISA and the Public Health Service Act. Mr. Speaker, this bill is a good bill. It is a bipartisan bill, and I urge the support of the House. I reserve the balance of my time.

Mr. NUNES. Mr. Speaker, at this time, I yield 2 minutes to the gentleman from Ohio (Mr. Renacci), a member of the Ways and Means Committee.