E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, WEDNESDAY, MARCH 1, 2017 No. 36 House of Representatives The House met at 10 a.m. and was also known as El Sexto, was arrested faces. Will they be brave enough to do called to order by the Speaker pro tem- for writing ‘‘he’s gone’’ on a wall after so, to march with these defenseless la- pore (Mr. ROTHFUS). Fidel Castro’s death. dies, or do they just want a junket to f Mr. Speaker, the Cuban people lack glamorize Cuba? the most basic of human rights, and Not to mention the many human DESIGNATION OF SPEAKER PRO they are punished for any sentiment rights abuses that go unreported, Mr. TEMPORE that is not in accordance with the Cas- Speaker. Instead, the Cuban people The SPEAKER pro tempore laid be- tro regime. The former administration risk their lives to record abuses, to re- fore the House the following commu- of this wonderful country failed the port them to outside organizations. nication from the Speaker: people of Cuba. The Ladies in White, Las Damas de WASHINGTON, DC, Since the change in the Cuba policy, Blanco, march every Sunday, peace- March 1, 2017. reports show that the humanitarian fully protesting the unjust and bar- I hereby appoint the Honorable KEITH J. crisis has only gotten worse on the is- baric imprisonment of dissidents. ROTHFUS to act as Speaker pro tempore on land. The 2017 Freedom in the World re- Look at these images, Mr. Speaker, this day. port put out by Freedom House showed and the stories of the women on these PAUL D. RYAN, that arbitrary arrests were at the high- posters. They are regularly beaten and Speaker of the House of Representatives. est level in 7 years. The Cuban Com- arrested, yet they continue fighting for f mission for Human Rights and Na- the freedom of their country. Pro- MORNING-HOUR DEBATE tional Reconciliation documented a testers like Xiomara de las Mercedes monthly average of 862 arbitrary deten- Cruz Miranda, who has been in prison The SPEAKER pro tempore. Pursu- tions between January and November since last April; or Maria del Carmen ant to the order of the House of Janu- of last year. Cala Aguilera, in prison since April of ary 3, 2017, the Chair will now recog- Raul Castro tries to silence the 2015; or Juana Castillo Acosta, who was nize Members from lists submitted by Cuban people by subjecting human beaten in her own home, and then sen- the majority and minority leaders for rights defenders, journalists, and tenced to 5 years in house arrest. morning-hour debate. peaceful protesters to arbitrary arrest There are so many women to high- The Chair will alternate recognition and short-term detentions. Castro also light, so I will flip the posters. between the parties, with each party tries to cut any relation between the Here are some other faces and other limited to 1 hour and each Member opposition and outside groups. names: Yunet, Marieta, Jacqueline, other than the majority and minority Just last week, Mr. Speaker, Luis Marta, and Aymara Nieto Munoz, right leaders and the minority whip limited Almagro, the Secretary General of the over here, just a handful of the many to 5 minutes, but in no event shall de- Organization of American States, the women who are in prison today in Cas- bate continue beyond 11:50 a.m. OAS, was denied entry to Cuba. He was tro’s gulags. f to receive the first Oswaldo Paya Lib- Mr. Speaker, these are just a few of erty and Life Award. Paya was a the many who are persecuted daily for HUMAN RIGHTS VIOLATIONS IN human rights activist murdered by the opposing the Castro regime. That is CUBA Castro regime just 5 years ago. their crime. They are simply tossed in The SPEAKER pro tempore. The Almagro was to be presented with the jail in Castro’s effort to silence the Chair recognizes the gentlewoman from award by Paya’s daughter, but the Cas- people. But the Cuban people remain Florida (Ms. ROS-LEHTINEN) for 5 min- tro regime called this ‘‘an unaccept- strong in the face of the repressive Cas- utes. able provocation’’—receiving an award. tro regime. They do not give up hope of Ms. ROS-LEHTINEN. Mr. Speaker, Similarly, the former Education Min- seeing a free and democratic Cuba. appalling human rights violations take ister of Chile denied entry to Cuba and I see that same hope, Mr. Speaker, in place in my native homeland of Cuba former Mexican President denied entry the eyes of my constituents, Cuban on a regular basis and have only gotten to Cuba simply because they planned Americans like me and my family, who worse in the past few years. Just last to meet with true human rights activ- were given the opportunity to create a week, the Castro regime sentenced a ists and defenders on the island. life in a country—our country—that man to a year in prison. What was his I challenge these U.S. congressional stands for everything that Castro is crime? He did not watch Fidel Castro’s delegations that go to Cuba to march against: freedom of speech, assembly, funeral on the television. And just a with the Ladies in White on any given petition, the rule of law, and democ- few months ago, Danilo Maldonado, Sunday. Here they are. Here are their racy.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H1395

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VerDate Sep 11 2014 04:35 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.000 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1396 CONGRESSIONAL RECORD — HOUSE March 1, 2017 Mr. Speaker, we must stand with the programs they care about which are novative treatment and new tech- people of Cuba. We must stand against under assault, to reject shortsighted nologies and to build an atmosphere of a Castro regime that seeks to benefit policies that will spend billions of dol- appreciation and understanding in Con- only itself. We must give the Cuban lars on things we don’t need, like even gress for the hard work of all of the pa- people hope and commit to help them more nuclear weapons. How many tient advocates. Their passion is often achieve freedom and democracy. times do we have to be able to blow up driven by the care of loved ones, and It is the duty of the new administra- the world in order to achieve deter- their personal stories are profiles in tion to review the previous administra- rence? courage. tion’s failed policy and start working We should resist spending less on Hearing from thousands of advocates, for the people of Cuba and against the critical parts of our defense. For exam- many of whom are here in Washington Castro regime. ple, the diplomacy and international this week, gives the members of the f aid saves human lives; it undercuts the caucus renewed energy and purpose. calls to radicalism for people without Events held during Rare Disease Week WE MUST RESIST NOW hope. Making the job of our diplomats here on Capitol Hill and at the NIH in The SPEAKER pro tempore. The and our aid workers harder and more Bethesda highlight what has been ac- Chair recognizes the gentleman from dangerous and less effective should be complished and what still needs to be Oregon (Mr. BLUMENAUER) for 5 min- resisted at every turn. done. utes. We should resist draconian budget One of those champions joined us in Mr. BLUMENAUER. Mr. Speaker, in cuts and hiring freezes that undercut the House Chamber just last evening. I this Chamber last night, as I listened the opportunity to take care of our was very proud that President Trump to the President’s address to the joint veterans, especially their health. Their invited New Jersey resident Megan session, I could only think of one word: health is a long overdue promise that Crowley to his joint session address. ‘‘resist.’’ Trump has occasionally talked about Megan’s story of combating a terrible Whether one voted for Donald Trump but is now actively undermining. rare disease is a testament to the or not, we are all obligated to resist his We should resist unparalleled poten- American spirit. Megan is now a stu- incoherent and contradictory pledge to tial budget assaults on things that dent at Notre Dame. I salute her, her dismantle the protections of the Af- make a difference to our communities, parents, and her family for their cour- fordable Care Act with empty slogans. like arts, public broadcasting, pro- age. Perhaps the most revealing moment grams for children, things that matter Passage of the 21st Century Cures of the Trump administration so far was deeply. Act was a major accomplishment in his declaration Monday in his meeting Together, we can resist these de- the last Congress—indeed, in my opin- with America’s Governors that health structive policies in Congress, in the ion, it was the most important piece of care is complex. ‘‘Who knew?’’ he said. budget, and in legislation, while we legislation passed during the 114th Con- Well, anybody who has done any strengthen their support for similar gress. We worked in a bicameral, bipar- work, any research, or had even had programs at home. Everybody should tisan way. We worked with the White conversations with the people who rely resist by being involved in their com- House and with the Department of on health care, who study health care, munity. There is something every one Health and Human Services. It passed or deliver health care. This was not a of us cares about at home and on the overwhelmingly in the House and in secret that it is complex. Yet, for national stage. We should resist poli- the Senate, and now it is the law of the months, he has made reckless, mis- tics of division, hatred, and hopelessly land. leading comments and has unleashed flawed and failing priorities. I am encouraged that the Trump ad- efforts to make the Affordable Care We should resist. It is within our ministration will carefully implement Act less effective and to destabilize in- power to dramatically change the po- its provisions to our healthcare sys- surance markets. litical equation. Remember, Donald tem, improving the healthcare system We should resist his cynical and cruel Trump lost the popular vote by almost and to help spur the next great medical step of singling out people who have 3 million votes, while Democrats innovations. somehow been harmed by illegal immi- picked up seats in the House and the Congress will join and help direct grants as a special category. Why not Senate. The country is much more that effort and proceed through the ap- an office dealing with the far greater evenly divided, and they are not united propriations process to match progress number of Americans whose lives are in support of this administration. and research funds. turned upside down as a result of gun By doing our job now, it makes it b 1015 violence—which, by the way, is the possible to build on the successes by method of choice for homegrown ter- making sure everyone has a chance to Right now it takes 15 years for a new rorists who, experts in his own govern- participate in the voting process. Fight drug to move from the lab to the local ment point out, are responsible for efforts at voter suppression. pharmacy. The CURES Act modernizes more terrorist acts and violence and It is time for all of us to engage in clinical trials to expedite the develop- death of Americans than people who that resistance that adds energy and ment of new drugs and devices, re- are foreign-born. hope across America. It must start now moves regulatory uncertainty in the We should resist empty promises to and will continue until we defeat hate, development of new medical apps, and rebuild and renew America by failing bigotry, shortsighted policy, and breaks down barriers to facilitate in- to provide any meaningful detail. That misallocated priorities. creased research collaboration. squanders an opportunity for bipar- America can halt and reverse the Patients with degenerative condi- tisan cooperation and a badly-needed damage that has been set in motion. tions, cancers, and rare diseases await effort to revitalize America and put We should resist. We should resist now. the genius of these new solutions. We millions of Americans to work at jobs f need to do everything we can to help that can’t be outsourced overseas and find these cures. that will strengthen each community. RARE DISEASE WEEK I have met with many rare disease It is important to resist an administra- The SPEAKER pro tempore. The patients, advocates, and their loved tion program long on divisive rhetoric, Chair recognizes the gentleman from ones. Their work is inspiring, and it misinformation, and lost opportunities. New Jersey (Mr. LANCE) for 5 minutes. gives our caucus a mission and a pur- The least popular new President in Mr. LANCE. Mr. Speaker, this week pose. our history, as near as we can tell, has we recognize the work of the tireless Mr. Speaker, I urge my colleagues to mobilized millions of Americans to be advocates fighting rare diseases. join the Rare Disease Caucus and help involved, to resist. It is critical that I have the honor of serving as the Re- us in this great cause. In this, the week Americans of good conscience, who publican chair of the House of Rep- that we recognize the work of the tire- care about the future of their country resentatives Rare Disease Caucus. I less advocates across the Nation, I sa- and want to change the trajectory and consider it one of the greatest respon- lute all of them for what they are tone of politics, dive in now to protect sibilities of my service to work for in- doing for the American Nation.

VerDate Sep 11 2014 23:32 Mar 01, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.002 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1397 CONNECT THE DOTS Union or, this past weekend, France. NATIONAL DEBT The SPEAKER pro tempore. The He is not bashful about being critical, Mr. CURBELO of Florida. Mr. Speak- Chair recognizes the gentleman from but he can’t say a negative word about er, I rise today to discuss one of the New York (Mr. JEFFRIES) for 5 minutes. Vladimir Putin, a brutal dictator. It most serious issues facing the United Mr. JEFFRIES. Mr. Speaker, we have appears that this President is more de- States—the staggering national debt a reality show host masquerading as termined to make the Kremlin great that will reach $20 trillion this month, President of the United States of again. or $62,715 per person living in our coun- America who came to this Chamber But that is not all. He refuses to re- try. While the national debt grew over yesterday in a Hollywood-style produc- lease his taxes despite promising the $9 trillion under President Obama, we tion and pretended to act Presidential. American people that he was going to now have a new opportunity here in But the question that we confront is do so prior to November of last year. this Congress to work together with one that Richard Nixon actually first What exactly is he hiding in these tax the new administration to propose and raised, in November of 1973, when he documents? Yet, we still can’t get an debate solutions that will address our said that the American people deserve independent investigation. country’s debt and get our fiscal house to know whether or not the President We also know that the White House back in order. is a crook. That was an observation Chief of Staff engaged in potentially Every day, families across my dis- that Richard Nixon made in the con- unlawful conversations with the FBI, trict sit around the dinner table and text of the Watergate scandal which perhaps trying to get them to obstruct make tough decisions about how they began as a nickel-and-dime break-in at justice in the public sphere in the will spend their money. Most stick to the Democratic National Committee midst of an ongoing investigation. their budgets because they don’t have a headquarters in the summer of 1972, All we are saying is connect the dots. choice, and their government should be and, obviously, concluded with im- This should not be a Democratic issue no different. peachment proceedings and the ulti- or a Republican issue. The American In 2015, I was proud to support a 2- mate resignation of a President in dis- people deserve to know whether or not year bipartisan budget agreement that grace. the President is a crook. implemented new caps on discretionary Nixon made the observation that the The SPEAKER pro tempore. Mem- spending for both fiscal years 2016 and American people deserve to know bers are reminded to refrain from en- 2017. Too often, enormous sums are whether or not the President is a gaging in personalities toward the wasted due to unpredictable budget cy- crook, and many people across the President. cles and government shutdown threats. country are raising a similar question With the adoption of this 2-year budg- because 17 different intelligence agen- f et, Congress was able to reduce waste- ful spending by providing certainty to cies have concluded that the Russians, MONROE COUNTY ROADS PROJECT at the explicit direction of Vladimir agencies as they plan for the future. Putin, interfered in our election for the The SPEAKER pro tempore. The The budget also included reforms to purpose of helping Donald Trump. Yet, Chair recognizes the gentleman from entitlement programs, which is the it is hard to get an independent inves- Florida (Mr. CURBELO) for 5 minutes. largest percentage of national debt. It tigation going in this place because my Mr. CURBELO of Florida. Mr. Speak- is important that we protect programs friends on the other side of the aisle er, I come to the floor today to con- like Social Security, Medicare, and continue to put party ahead of the gratulate and express my gratitude to Medicaid—the invaluable safety net for country. Monroe County leaders who recently those who need the help—while work- But that is just the beginning. We took steps to address the impact sea ing to implement reforms to make know that, as early as December of level rise is having on roads and infra- these programs solvent for future gen- 2015, at least four different cronies of structure in my district. erations. Donald Trump were in regular commu- Earlier this year, the Monroe County Mr. Speaker, my constituents sent nication with Russian intelligence Board of County Commissioners took me back to Washington to continue to agents at the same time these individ- action that sets new standards for de- build consensus with my colleagues on uals were hacking into the DNC, the termining elevation of future county both sides of the aisle to advance solu- DCCC, and the Clinton campaign, road improvement projects to account tions that will rein in our national interfering with our democracy. These for future sea level rise. This is a prob- debt, and that is exactly what I plan to individuals were Michael Flynn, who lem my district is already facing. The do. It is our duty, as elected officials, came to become Trump’s first national 2015 King Tides led to flooding that to leave our children and grandchildren security adviser; Carter Page, who was lasted more than 3 weeks in several with the same economic opportunities his former foreign policy adviser; Paul neighborhoods, causing damage to as previous generations, and that will Manafort, who was the chairman of the homes and businesses and leaving my continue to be one of my main prior- Trump campaign; and Roger Stone, a constituents unable to move freely to ities here in Congress. longtime affiliate. and from their homes. SMALL BUSINESS HIGHLIGHT If they were having these conversa- Mr. Speaker, few cities or counties Mr. CURBELO of Florida. Mr. Speak- tions at this time, we know they prob- around the United States are as ad- er, I have never had much of a sweet ably weren’t talking about Russian vanced in sea level rise planning and tooth, but it has recently been brought vodka. What were they talking about? implementation as Monroe County. I to my attention that my district is The American people deserve to know. am grateful for their leadership, and I home to some thriving small busi- We also are aware that Michael am committed to continuing to sup- nesses that are putting south Florida Flynn had an illegal conversation, in port their efforts any way I can here in on the map for desserts. December of 2016, with the Russian Washington, from advocating for trans- Not far from my district office, Night Ambassador where he discussed sanc- portation infrastructure research Owl Cookie Company, recently named tions that were imposed on be- grants that will help ensure we have Forbes 30 Under 30, is delivering fresh- cause of their hacking. He then appar- the best engineering at our disposal to baked cookies to constituents across ently lied about this conversation to working with my fellow members of West Kendall. Since starting the busi- the Vice President who then went out the Climate Solutions Caucus to dis- ness in 2015, when he would make and and misrepresented facts to the Amer- cuss and build consensus for proposals deliver cookies from his parents’ kitch- ican people, and then Michael Flynn that will mitigate the effects of rising en, Andrew Gonzalez’s success has resigned in disgrace. But we still can’t sea levels. flourished to three brick-and-mortar get an independent, nonpartisan inves- It is critical we continue to work to- locations across Florida. tigation in this place. ward an infrastructure package that Further south is Knaus Berry Farm But that is not all. We know that will give our communities the funds in the Redlands where families from all Donald Trump has not been bashful they need to bring our roadways like across south Florida will travel to pick when going after our allies like Mexico those in Monroe County into the 21st up fresh produce and, of course, to wait or Australia or NATO or the European century. in line for fresh, homemade cinnamon

VerDate Sep 11 2014 23:32 Mar 01, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.004 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1398 CONGRESSIONAL RECORD — HOUSE March 1, 2017 rolls. Founded as a family farm in 1956, Walls, barbed wire, and stifling op- many and Australia and wonders Knaus Berry has since become a Miami pression characterized the Soviet bloc whether we will remain committed to staple, with generation after genera- and Communist Asia. Against this, the democracy and the rule of law, or we tion making the trip to south Dade to United States marshaled its greatest will abandon principle in favor of expe- pick up fresh produce and baked goods. weapons—individual liberty, demo- dience and flattery. The farm’s success has spread, leading cratic governance, and a market econ- That America—the America that to partnerships with other south Flor- omy to discredit and defeat com- stood with Solidarity in Poland, with ida small businesses that use their cin- munism. Nelson Mandela in South Africa, and namon rolls to create Knaus Berry When the Cold War ended four dec- with Aung San Suu Kyi in Burma—is Farm-inspired and ice ades after it had begun, it was the fall still here, too. Millions of Americans, cream. of the Berlin Wall that symbolized the Democrats and Republicans, the old It is important that we celebrate triumph of freedom and seemingly her- and young, still stand with those who these small businesses, Mr. Speaker, alded a new era of peace and pros- seek freedom, and we will never allow because they provide hope, oppor- perity. this President to abandon our ideals. tunity, and jobs to so many Americans Nearly three decades have passed And finally, Mr. Speaker, the world has seen in my district and across the country. since communism’s collapse and the the rise of Donald Trump and wonders wheth- It is critical for us to continue advanc- global harmony that many hoped for er Americans will still fight for their own de- ing policies in this Congress that will has been replaced by an international mocracy—are we still worthy heirs to Wash- continue allowing these small busi- order more challenging to American ington, Lincoln, and Roosevelt? The answer to nesses the opportunity to provide hope leadership and American ideals than that is on display every day across this coun- and jobs for so many Americans. any we have seen in my lifetime. try. From the millions who clogged our nation’s streets on January 21st, to the calls pouring f b 1030 into Congress every day to demand a full in- A NEW AMERICAN CENTURY Intolerance, ultra-nationalism, and vestigation of the Russia scandal, the Amer- The SPEAKER pro tempore. The crude populism are rising across the ican people are engaged and ready to fight for Chair recognizes the gentleman from developed world and threaten to undo our democracy here at home and for freedom California (Mr. SCHIFF) for 5 minutes. the work of decades. After a century of around the world. Mr. SCHIFF. Mr. Speaker, 100 years American leadership of the inter- To those who doubt us, or wonder whether ago next month, on April 2, 1917, Presi- national community, there was a sense we remain true to our ideals, whether we will dent Woodrow Wilson stood in this among many here at home and around stand up for what we believe, and defend not Chamber and asked Congress to declare the world that we have lost our will to only America but the beautiful idea it rep- war on Germany. While the proximate lead, that we will no longer honor resents, let me borrow a phrase from John cause for America’s entry into World President Kennedy’s commitment to Paul Jones, the Revolutionary War hero. ‘‘We War I was Germany’s campaign of un- ‘‘pay any price, bear any burden, meet have not yet begun to fight.’’ restricted submarine warfare, Wilson any hardship, support any friend, op- f and his supporters were also motivated pose any foe to assure the survival and HAPPY 150TH BIRTHDAY, by the belief that they, and the force of the success of liberty.’’ The world sees President Trump’s ex- American arms, could deliver Europe The SPEAKER pro tempore. The ecutive orders on immigration and from its intractable squabbles and, in Chair recognizes the gentleman from so doing, make the world safe for de- asks: Where is the America that wel- Nebraska (Mr. SMITH) for 5 minutes. mocracy. comed millions to its shores? Mr. SMITH of Nebraska. Mr. Speak- Well, I am happy to say that America It was not until the following spring er, I rise today to congratulate my that the American doughboys were is alive and well in communities across home State of Nebraska on 150 years of committed to the Western Front in this great Nation, where people from Statehood. large numbers, but they provided not every continent live together, eat each On March 1, 1867, Nebraska became only the additional combat power need- other’s food, celebrate each other’s the 37th State admitted to the Union. ed to break the exhausted Germans holidays, and it also lives on in the Today, as we celebrate this milestone within months, but also imbued a sense hundreds of State Department officials 150 years later, we honor the legacies of of moral purpose into what had been who signed a Dissent Channel memo- the pioneers who took great risks and nearly 4 years of futile slaughter. randum opposing that policy. overcame countless obstacles in pur- A generation later, millions of Amer- The world sees President Trump’s suit of opportunity. ican GIs returned to help free Europe threats to withdraw from Europe and Our State’s pioneer heritage has al- from Adolf Hitler, while millions more Asia unless our allies ‘‘pay up,’’ and ways inspired me. I am proud to be a pushed Japan back from its imperial asks whether America will still defend fifth-generation resident of Scotts conquests in Asia. This time we its friends. That America, the one that Bluff County, Nebraska. My family was stayed—the living to keep the peace stands shoulder-to-shoulder with NATO part of the Homestead Movement, set- and prevent one form of tyranny being and South Korea, can be found in our tling in western Nebraska and working replaced by another and the dead as si- troops stationed in the Baltics, Poland, as sugar beet laborers to build a bright lent witnesses to the cost of liberation. and along the DMZ; and it can be found future for generations to come. The United States worked to create here in Congress, where there is broad The pioneer spirit is still alive and the United Nations and a host of other support for our alliances and our allies. well today, which is one of the many international organizations designed to The world sees President Trump reasons the ‘‘Good Life’’ is such a great bind together humanity and avoid an- threatening to drastically cut our for- place to live. Nebraskans’ work ethic is other catastrophic world war. We ex- eign assistance budget, the literal dif- second to none. From the producers tended aid and friendship to our former ference between life and death for mil- who have made the Third District the enemies through the Marshall Plan and lions of the world’s most vulnerable top-producing agriculture district in rebuilt Western Europe into an alliance people, and asks: Where is America’s the country, to the small businesses of democracies, a shining contrast to legendary generosity? which employ nearly half of Nebraska’s the ’s eastern satellites. That America, Mr. Speaker, is alive workforce, productivity is a hallmark America’s commitment to peace was and well, too. Our USAID professionals, of our State. matched by an equally resolute will- our Peace Corps volunteers, and the In addition to our pioneer spirit, Ne- ingness to defend freedom. When the thousands of individual Americans braskans are known for their kindness. Soviet Union blockaded Berlin in 1948, working as medical missionaries or I am proud of our State’s reputation as in an attempt to force the Western al- with NGOs are still making a dif- ‘‘Nebraska Nice’’ and enjoy introducing lies out of their half of the city, Amer- ference around the globe every day. my colleagues in Washington, D.C., to ican pilots flew missions around the The world sees President Trump’s Nebraska visitors any chance I get. clock for 11 months to keep the city embrace of Vladimir Putin and his From Huskers football to world-class supplied until the Soviets relented. seeming disdain for key allies like Ger- research facilities, from Runza to

VerDate Sep 11 2014 23:32 Mar 01, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.005 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1399 Dorothy Lynch, and from the Oregon sponsibility makes a mockery of the self-preservation, the inherent and in- Trail to the Homestead National Monu- grief of Chief Petty Officer Owens’ alienable rights of the people to appeal ment, there is an endless list of unique widow, who wept in front of all the to first principles, and take their polit- reasons for Nebraskans to be proud. American people watching the speech ical affairs into their own hands in ex- I am honored to represent some 65,000 on TV last night. treme cases, enjoins it as a right to- square miles of the Cornhusker State His comments earlier in the day wards themselves, and a sacred obliga- in Congress, and I will continue work- blaming the military are really inde- tion to their posterity, to abolish such ing every day to uphold our legacy of scribable. I agree that we must never government, and create another in its opportunity. forget Ryan Owens’ sacrifice, and that stead, calculated to rescue them from In celebration of Nebraska’s 150th is why we must understand the cir- impending dangers, and to secure their birthday, it is only fitting to close in cumstances that led to his death and future welfare and happiness.’’ true Nebraska fashion: Go Big Red. follow through with his parents’ re- ‘‘The Mexican government, by its f quest for an independent investigation. colonization laws, invited and induced This speech demonstrates that the the Anglo-American population of DR. JEKYLL AND MR. HYDE President can read from a teleprompter Texas to colonize its wilderness under The SPEAKER pro tempore. The that he so derided during his campaign. the pledged faith of a written constitu- Chair recognizes the gentlewoman from Last night, he showed a calm and civ- tion, that they should continue to California (Ms. SPEIER) for 5 minutes. ilized face to the Nation. Was this a enjoy that constitutional liberty and Ms. SPEIER. Mr. Speaker, this morn- one-night stand or a changed man who republican government to which they ing, the President is being lauded for a recognizes the ominous responsibilities had been habituated in the land of speech that stayed on message and was of being President of the United their birth, the United States of Amer- optimistic. Those accolades would be States? ica. deserved if his actions bore any resem- We have seen the President’s Mr. ‘‘In this expectation they have been blance to his words. But, instead, we Hyde face in his tweets and his un- cruelly disappointed, inasmuch as the were subjected to a barrage of third hinged press conferences. I think the Mexican nation has acquiesced in the grade sound bites, falsehoods, and half- question before us now is: Will a single late changes made in the government truths, just like always. night of soothing platitudes be suffi- by General Antonio Lopez de Santa The President condemned the van- cient? Anna, who having overturned the con- dalism at the Jewish cemeteries. Yet, Dr. Jekyll and Mr. Hyde is something stitution of his country, now offers us earlier the same day, he suggested that we read. What we do know is that Dr. the cruel alternative, either to aban- these anti-Semitic acts were a ‘‘false Jekyll could not suppress his dark side. don our homes, acquired by so many flag’’ operation possibly committed by The question is: Can the President? privations, or submit to the most intol- Jews themselves; which is very similar, The SPEAKER pro tempore. Mem- erable of all tyranny, the combined by the way, to what White supremacist bers are reminded to refrain from en- despotism of the sword and the priest- talking points circulated by David gaging in personalities toward the hood.’’ Duke are all about. President. ‘‘It has suffered the military com- The President also condemned the f mandants, stationed among us, to exer- racist hate crime murders in of cise arbitrary acts of oppression and TEXAS DECLARATION OF an Indian engineer. tyranny, thus trampling upon the most INDEPENDENCE But why did it take him nearly a sacred rights of the citizens, and ren- week to break his silence? Didn’t this The SPEAKER pro tempore. The dering the military superior to the act of domestic terrorism deserve a Chair recognizes the gentleman from civil power.’’ tweet? Texas (Mr. OLSON) for 5 minutes. ‘‘It denies us the right of worshipping He didn’t commit to doing anything Mr. OLSON. Mr. Speaker: the Almighty according to the dictates about it until he was nudged by a tweet ‘‘Delegates of the People of Texas in of our own conscience, by the support by Hillary Clinton. General Convention at the town of of a national religion, calculated to The President says he wants to fix Washington on the 2nd day of March, promote the temporal interest of its health care, but all the House Repub- 1836. human functionaries, rather than the licans can agree on is to kick 30 mil- ‘‘When a government has ceased to glory of the true and living God. lion people off their insurance. protect the lives, liberty, and property ‘‘It has demanded us to deliver up our Yes, Mr. Trump, we already knew of the people, from whom its legiti- arms, which are essential to our that health care was complicated. It is mate powers are derived, and for the defence, the rightful property of good to know that you finally under- advancement of those whose happiness freemen, and formidable only to tyran- stand it as well. it was instituted, and so far from being nical governments. The President said he wanted to in- a guarantee for the enjoyment of those ‘‘These, and other grievances, were vest in women’s health, but his own . . . inalienable rights, becomes an in- patiently borne by the people of Texas, party is committed to defunding strument in the hands of evil rulers for untill they reached that point at which Planned Parenthood. Planned Parent- their oppression. forbearance ceases to be a virtue. We hood offers health care to one in five ‘‘When the Federal Republican Con- then took up arms in defence of the na- women in this country. stitution of their country, which they tional constitution. We appealed to our The President said he supports demo- have sworn to support, no longer has a Mexican brethren for assistance. Our cratic ideals, but he won’t advocate substantial existence, and the whole appeal had been made in vain. . . . them around the globe. He says he sup- nature of their government has been ‘‘The necessity of self-preservation, ports diplomacy, but his budget cuts forcibly changed, without their con- therefore, now decrees our eternal po- the State Department by 37 percent. sent, from a restricted federative re- litical separation. The President says he wants to in- public, composed of sovereign states, to ‘‘We, therefore, the delegates with vest $1 trillion in infrastructure, but a consolidated central military des- plenary powers of the people of Texas, congressional Republicans have al- potism, in which every interest is dis- in solemn convention assembled, ap- ready implied they won’t give him the regarded but that of the army . . . both pealing to a candid world for the neces- money. the internal enemies of civil liberty, sities of our condition, do hereby re- The President said he supports the the everready minions of power, and solve and declare, that our political rule of law, but he is violating the Con- the usual instruments of tyrants.’’ connection with the Mexican nation stitution’s Emoluments Clause every ‘‘When, in consequence of such acts has forever ended, and that the people single day. of malfeasance, and abdication on the of Texas do now constitute a free, Sov- And worst of all, the President says part of the government, anarchy pre- ereign, and independent republic, and he supports the troops. Then he blames vails, and civil society is dissolved into are fully invested with all the rights the military for his own botched raid. its original elements. In such a crisis, and attributes which properly belong This disgraceful abandonment of re- the first law of nature, the right of to independent nations; and, conscious

VerDate Sep 11 2014 23:32 Mar 01, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.008 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1400 CONGRESSIONAL RECORD — HOUSE March 1, 2017 of the rectitude of our intentions, we was a tremendous success. Many audi- to find solutions to pressing issues fac- fearlessly and confidently commit the ences enjoyed the summer perform- ing our Nation. Please hasten the day issue to the decision of the Supreme ar- ances in the old barn for decades. After when justice and love shall dwell in the biter of the destinies of nations.’’ a long run, the community theater hearts of all peoples and rule the af- 181 years ago, the Republic of Texas company let the old barn go dark, but fairs of the nations of Earth. was born. God bless Texas. it was only for a brief time before May all that is done this day be for Your greater honor and glory. f Nittany Theatre at the Barn took up the cause to breathe new life once Amen. b 1045 again into the historic community f NITTANY THEATRE AT THE BARN treasure. State-of-the-art advance- THE JOURNAL ments were made at the barn, merging The SPEAKER. The Chair has exam- The SPEAKER pro tempore. The the latest technologies with good, old- ined the Journal of the last day’s pro- Chair recognizes the gentleman from fashioned summer stock theater. Pennsylvania (Mr. THOMPSON) for 5 ceedings and announces to the House The house is stocked with 99 seats, his approval thereof. minutes. retaining all the charm and intimacy Mr. THOMPSON of Pennsylvania. Pursuant to clause 1, rule I, the Jour- that made the barn legendary. In addi- nal stands approved. Mr. Speaker, I rise today to celebrate a tion, to enhance audiences’ experi- f true treasure in central Pennsylvania, ences, brand-new, state-of-the-art LED actually in Boalsburg, Pennsylvania, lighting and Broadway quality sound PLEDGE OF ALLEGIANCE the Nittany Theatre at the Barn. This systems were installed. Nittany The- The SPEAKER. Will the gentleman one-of-a-kind theater has a storied his- atre also partners with Penn State’s from Florida (Mr. BILIRAKIS) come for- tory which started in the late 1800s as School of Theatre to allow Penn ward and lead the House in the Pledge the service barn on a working farm. State’s young actors to share the stage of Allegiance. The Boal family settled the region with local seasoned actors. Mr. BILIRAKIS led the Pledge of Al- for which the town Boalsburg is named. Mr. Speaker, this theater is full of legiance as follows: This town was on the main road for history and full of life. For nearly 60 I pledge allegiance to the Flag of the travelers from Philadelphia to Pitts- years, audiences in Happy Valley have United States of America, and to the Repub- burgh. The Boal Mansion estate, which enthusiastically embraced summer lic for which it stands, one nation under God, dates to 1789, is a national registered theater in Pennsylvania’s oldest arena indivisible, with liberty and justice for all. landmark. barn theater. I congratulate all those f The fourth generation of the Boal who have kept this community gem RESIGNATION FROM THE HOUSE family, Colonel Theodore Davis Boal, open for business throughout the years. OF REPRESENTATIVES married a descendant of Christopher As they say in the business, ‘‘break a The SPEAKER laid before the House Columbus and brought the Columbus leg’’ this summer. Chapel to the Boal Mansion from Spain the following resignation from the in 1909. This included an admiral’s desk f House of Representatives: said to belong to Columbus himself. By RECESS CONGRESS OF THE UNITED STATES, the 1930s, the estate’s aging barn was HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. Pursu- retired from farm use, but it would Washington, DC, March 1, 2017. ant to clause 12(a) of rule I, the Chair Hon. PAUL RYAN, eventually take on a whole new life. declares the House in recess until noon Speaker of the House of Representatives, Pierre Boal retired from the diplo- today. Washington, DC. matic service for the country following Accordingly (at 10 o’clock and 48 DEAR SPEAKER RYAN: I would like to bring World War II. He wanted to make the to your attention the attached resignation minutes a.m.), the House stood in re- family’s estate into a regional museum letter I have sent to Governor Steve Bullock cess. to display the family’s vast collection of Montana. f I have enjoyed my tenure as Montana’s of treasures and artifacts. Mr. Boal sole Congressman, and I look forward to con- hired Lillian Dickson-Major, an b 1200 tinuing my service to Montana and our na- English stage and film actress and tion as Secretary of the Interior. lover of history, to be the first curator AFTER RECESS If I can be of any assistance during this of the new Boal Mansion Museum. She The recess having expired, the House transition, please let me know. I would be arrived in 1953 and immediately began was called to order by the Speaker at glad to help however I can. Sincerely, preparing the estate for museum serv- noon. RYAN ZINKE. ice. Lillian looked at the emptied barn f and saw its potential as the site for a CONGRESS OF THE UNITED STATES, ‘‘most unusual theatre.’’ PRAYER HOUSE OF REPRESENTATIVES, At the same time, theater profes- The Chaplain, the Reverend Patrick Washington, DC, March 1, 2017. sionals throughout the country and at J. Conroy, offered the following prayer: Gov. STEVE BULLOCK, nearby Penn State University won- Dear Lord, we give You thanks for Office of the Governor, dered how theater would continue to giving us another day. Helena, MT. DEAR GOVERNOR BULLOCK: I would like to survive in a world that was captivated We use this moment to be reminded inform you that I am resigning from my po- by television and Technicolor motion of Your presence and to tap the re- sition as the United States Congressman for pictures. Pierre and Lillian invited sev- sources needed by the Members of this Montana’s At-Large District on March, 1, eral Penn State professors and theater people’s House to do their work as well 2017, in order to assume the Secretary of the specialists to make their plans. To as it can be done. Interior position. Thank you for the support close the deal, Pierre Boal leased the Send, O God, Your healing grace and partnership that you have provided my office during these last few years. old barn to the newly formed Centre upon those torn nations and upon the I have enjoyed my tenure as Montana’s County Theatre Association for the Members of this assembly who struggle sole Congressman, and I look forward to con- generous sum of zero dollars as a to see the shared hope for a better fu- tinuing my service to Montana and our na- means to invite and encourage culture ture in those with whom they disagree. tion as Secretary of the Interior. and theater in Centre County. En- For many Americans, the holy sea- If I can be of any assistance during this trusted to oversee the construction of a son of Lent begins tomorrow, and fore- transition, please let me know. I would be glad to help however I can. state-of-the-art arena theater, the Cen- heads are marked this day in recogni- Sincerely, tre County Theatre Association tion of our limits as men and women RYAN ZINKE. brought life to Lillian’s vision of the and as a reminder of Your power to for- f barn as a ‘‘most unusual theatre.’’ give and heal the harms done through After several years of preparations our failures. ANNOUNCEMENT BY THE SPEAKER and construction, the theater opened All this day and through the week The SPEAKER. Under clause 5(d) of at the barn in the summer of 1959 and may our Representatives do their best rule XX, the Chair announces to the

VerDate Sep 11 2014 00:21 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.009 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1401 House that, in light of the resignation Mr. Speaker, $480 billion to wall in wrote to me and said: ‘‘The certificate of the gentleman from Montana (Mr. the United States. What is it with Re- of death says my son-in-law died from ZINKE), the whole number of the House publicans and walls? What are they cancer, but I believe he died from a is 430. afraid of? What we need is a new infra- broken healthcare system.’’ f structure bill not to build walls, but to We can’t go back to a time when get- build bridges and roads and to build in- ting sick meant going bankrupt. ANNOUNCEMENT BY THE SPEAKER frastructure to put Americans back to Across the country, Americans like The SPEAKER. The Chair will enter- work and to grow the American econ- Paul are telling Congress not to repeal tain up to 15 requests for 1-minute omy. the Affordable Care Act. We should speeches on each side of the aisle. f heed their advice. f PRESIDENT DONALD TRUMP f FULFILLS PROMISES REDUCING PRICE OF NATIONAL EATING DISORDERS PRESCRIPTION DRUGS AWARENESS WEEK (Mr. WILSON of South Carolina asked and was given permission to ad- (Mr. BILIRAKIS asked and was given (Ms. ROS-LEHTINEN asked and was dress the House for 1 minute and to re- permission to address the House for 1 given permission to address the House vise and extend his remarks.) minute and to revise and extend his re- for 1 minute and to revise and extend Mr. WILSON of South Carolina. marks.) her remarks.) Madam Speaker, last night President Mr. BILIRAKIS. Madam Speaker, as Ms. ROS-LEHTINEN. Mr. Speaker, as Donald Trump spoke to a joint session President Trump remarked in his joint we observe National Eating Disorders of Congress and to the American people address, we must work to bring down Awareness Week, I urge our south Flor- in a powerful and positive address. the high price of prescription drugs. ida community to attend the Alliance From day one, President Trump com- Too often we have seen the price of for Eating Disorders Awareness Walk mitted himself to fulfilling the prom- lifesaving medication skyrocket due to this Saturday, March 4, at Tradewinds ises he made to the American people, bad actors taking advantage of monop- Park. The walk will celebrate and last night he outlined his bold olies in the market. We witnessed it in everybody’s shape and also encourage agenda. I was grateful to hear his plans 2015 when Turing Pharmaceuticals screening for eating disorders. to repeal regulations, reduce taxes, cre- hiked the price of Daraprim, a drug to Eating disorders impact millions of ate jobs, repeal and replace treat HIV patients. We saw it again Americans and has a proportionate im- ObamaCare, and promote veterans. with Mylan Pharmaceuticals raising pact on teens and young adults. That is As the chairman of the House Armed the cost of the EpiPen by 400 percent. why, Mr. Speaker, I have led bipartisan Services Subcommittee on Readiness, I We cannot allow this to continue. legislation that urges the Federal appreciated his determination to re- I am proud to join my colleague, Con- Trade Commission to uphold its duty build our military by providing them gressman KURT SCHRADER, to introduce to protect the next generation by pro- with the resources they need to pro- the Lower Drug Costs Through Com- moting fair and responsible advertise- mote peace through strength. petition Act. Our bill is a bipartisan ments, especially for products geared The President’s speech received an approach to tackle the issue of high for children and teens. overwhelmingly optimistic response, drug costs head-on. Our legislation I was so proud that last year we were with nearly 60 percent of viewers hav- uses the free market to incentivize able to enact into law the Anna Westin ing a positive reaction. Additionally, 70 competition among drug makers, en- Act, which I introduced with my col- percent of the viewers said the Presi- couraging them to bring new generic league , in order to allow dent’s policies would move the country drugs to market. an avenue for millions of young Ameri- in the right direction. My constituents in Florida and folks cans impacted by eating disorders to I look forward to working with the nationwide need relief. Let’s get this seek the help that they need. President and Speaker PAUL RYAN to done. Let’s celebrate and commemorate achieve the bold, positive vision for f Eating Disorders Awareness Week, and American families. IMMIGRANTS ALSO SAVE LIVES I encourage everyone to help spread In conclusion, God bless our troops, awareness and promote authentic and we will never forget September the (Mr. POLIS asked and was given per- healthy body images. 11th in the global war on terrorism. mission to address the House for 1 f Congratulations to Interior Sec- minute and to revise and extend his re- retary RYAN ZINKE and his wife, Lola, a marks.) THE COST OF BORDER WALLS great team for America. Mr. POLIS. Madam Speaker, yester- (Mr. HIGGINS of New York asked and f day President Trump launched a rather was given permission to address the ridiculous effort called the Victims of House for 1 minute.) PRESERVING AFFORDABLE Immigration Crime Engagement Office, Mr. HIGGINS of New York. Mr. HEALTH CARE or VOICE. They are going to be focus- Speaker, the Massachusetts Institute (Ms. DELBENE asked and was given ing on talking about people who were of Technology Review reported that permission to address the House for 1 victimized by people who are here ille- the cost of then-candidate Trump’s minute and to revise and extend her re- gally. wall along the southern border will be marks.) First of all, the statistics aren’t with up to $40 billion for every 1,000 miles of Ms. DELBENE. Madam Speaker, too him. It turns out that people who are wall. With the potential of a 2,000-mile often we forget that the Affordable undocumented are among the least wall along the border, American tax- Care Act is about more than numbers. likely groups to commit illegal acts, payers can expect to pay up to $80 bil- It is about real people. So for the next and studies show that they are one- lion for a wall at the southern border— 6 weeks, I will be highlighting the fifth to one-half less likely to commit $80 billion for a wall we were told Mex- voices of my constituents who have a crime. ico would pay for, and Mexico said they flooded my inbox with heart-wrenching So I want to start an effort that is will not pay for that wall. stories about why the law must be pre- similar. I am going to start a task Last year, a leading Republican Gov- served, constituents like Paul from force called SAINT, Saved by American ernor also suggested that we should ex- Snohomish, whose son-in-law died of Immigrants National Taskforce, to plore building a wall along the north- cancer before the Affordable Care Act. talk about Americans whose lives were ern border. The northern border wall His disease started small, but, grow- saved by people who are here undocu- would be 5,000 miles. A northern border ing up, his family couldn’t afford insur- mented—people like Dr. Alfredo wall would cost about $400 billion using ance, and he delayed seeking care. By Quinones-Hinojosa, who became a brain the MIT report estimates. Obviously, the time he got a job with health cov- surgeon, saving countless lives; people Canada, like Mexico, will not pay for a erage, the disease had progressed too like Antonio Diaz Chacon, who chased silly wall. far, and he died at the age of 29. Paul down a child abductor and saved a 6-

VerDate Sep 11 2014 00:21 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.013 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1402 CONGRESSIONAL RECORD — HOUSE March 1, 2017 year-old girl from a horrific fate, even Robeson County by opening Antioch Congress, but as a Member of Congress, though he is undocumented; and an- Christian Academy. as an American, and as a grandson of other undocumented immigrant named Later this year, I look forward to an Italian immigrant, I was disheart- Jesus Manuel Cordova, who rescued a joining Pastor MARK MEADOWS and the ened that the President doubled down 9-year-old boy in the Arizona desert. congregation of Antioch Baptist on his divisive and dangerous rhetoric These are the kinds of lifesaving ef- Church to celebrate their 200th anni- against immigrants and continued to forts from our undocumented immi- versary. create fear by focusing on the worst in grants where they save American lives. God bless them. people. I bet our efforts at SAINT talking f Before I came to Congress, I was a about saving American lives will prosecutor. I understand and believe b 1215 match, life for life, all of the things that those who commit serious and vio- that President Trump tries to drum up KEEPING HEALTHCARE PROMISE lent felonies should be prosecuted and through his VOICE effort. (Mr. COLLINS of Georgia asked and deported. But I also grew up on the Of course there are good and bad peo- was given permission to address the central coast of California, and I real- ple. Of course there are good and bad House for 1 minute and to revise and ize and appreciate how much immi- hombres. Let’s celebrate the good with extend his remarks.) grants contribute to our community. the bad. I look forward to sharing their Mr. COLLINS of Georgia. Madam That is why I want to ask President stories with my colleagues. Speaker, last night, in this Chamber, Trump to come down from his gold f we heard President Trump call on the tower, come out of the White House, PRESIDENT HITS HOME RUN 115th Congress to repeal and replace and come to the green and fertile Sali- (Mr. SMITH of Texas asked and was ObamaCare with reforms that expand nas, San Juan, and Pajaro Valleys. He given permission to address the House patient choice, increase their access to will see that immigrants are the reason for 1 minute and to revise and extend substantive health care, lower costs for why my district is called the salad his remarks.) our friends and neighbors, and, at the bowl of the world. He will see that im- Mr. SMITH of Texas. Madam Speak- same time, provide better quality migrants are the cornerstone, the foun- er, President Trump hit a home run in health care. dation not only of that economy, not the State of the Union Address last I am here today to say that my col- only of that community, but of our night. As he said, the way to renew the leagues and I are doing just that. We country. American spirit is to put Americans have listened to the families who have first—their jobs, their safety, their lost income and access to their doctors. f education, and their health. He also fo- My own corner of northeast Georgia is cused on border security. The rule of full of individuals who work tirelessly NEBRASKA SESQUICENTENNIAL law will stop drugs and protect Amer- to care for their families, and (Mr. BACON asked and was given per- ican jobs and lives. ObamaCare has made it harder for mission to address the House for 1 A recent poll found that, by a 2-to-1 them to see their doctors. minute and to revise and extend his re- ratio, voters feel that the President The first promise that ObamaCare marks.) has kept his promises to the American broke was that if people liked their in- people. Another poll revealed that 78 surance, they could keep it. As the in- Mr. BACON. Madam Speaker, I rise percent of Americans had a positive re- surance market continues its death today to commemorate the 150th sponse to President Trump’s State of spiral, we see insurance providers offer- Statehood Day of the great State of the Union speech. No doubt Americans ing less coverage for more money. Nebraska. will rally behind him and support his Now, my colleagues and I have a This day is a proud day for all Ne- efforts to put Americans first. choice to make: rescue our failing braskans. Today, we honor the long President Trump’s words will be long healthcare system by repealing and rich history of our State and the remembered: ‘‘My job is not to rep- ObamaCare and returning competition contributions our citizens have made resent the world. My job is to represent and innovation to the healthcare land- to our country and the world. the United States of America.’’ scape, or go down in history as leaders On March 1, 1867, Nebraska became who did not keep their promises; as f the 37th State, and much has happened leaders who allowed their neighbors to ANTIOCH BAPTIST CHURCH since then. In a century and half, Ne- suffer under what may be the most braska has grown to not only be the (Mr. PITTENGER asked and was misguided, destructive policy of our leader in agriculture, but also in tech- given permission to address the House generation. nology and business. for 1 minute and to revise and extend The choice is clear. The choice is ur- From the Sandhills of western Ne- his remarks.) gent. The choice is simple: Republicans braska to the many neighborhoods of Mr. PITTENGER. Madam Speaker, I are leading in healthcare reform that Omaha, one can see each day the evi- rise today in honor of Antioch Baptist will bring relief to Americans who have dence of the extraordinary industrious- Church in Robeson County, North only experienced the broken promises ness of my fellow Nebraskans. Across Carolina. of ObamaCare. We are offering afford- nearly 49,000 farms and ranches, our This year, Antioch Baptist celebrates able, flexible healthcare options that proud citizens are responsible for a their 200th anniversary. What an in- prioritize patients over bureaucrats, multi-billion-dollar agriculture market credible testimony of faithfully spread- and we are doing it together. producing food that fuels the world. ing God’s Word and ministering to the f community. Nebraska is home to many great and In 1817, the church was founded in the IMMIGRANTS ARE THE wonderful things, but what I celebrate swamps of Robeson County as Burnt Is- CORNERSTONE about Nebraska Statehood Day more land Baptist, with meetings under a (Mr. PANETTA asked and was given than anything is the State’s wonderful brush arbor on the same spot where the permission to address the House for 1 people. church meets today. minute and to revise and extend his re- In roughly 30 years in the Air Force, In 1842, the church was renamed An- marks.) I had 16 assignments, taking my family tioch, after the city from which the Mr. PANETTA. Madam Speaker, I all over the world. During these 16 as- Apostle Paul launched his three mis- rise today to express my continued dis- signments, I found that nowhere were sionary journeys. The name was chosen appointment with President Trump’s the people nicer and more accommo- to signify the church’s commitment to anti-immigrant stance, especially dating to military families than Ne- missions. based on his joint session remarks last braskans. We found out that there is no More recently, Antioch Baptist took night. place like Nebraska, and we are happy on the mission of providing a solid edu- I admit I was very honored to attend to call Nebraska home. Nebraska truly cation alternative for the people of my first joint session as a Member of is the good life.

VerDate Sep 11 2014 00:21 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.014 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1403 REPLACE ACA EXCHANGES AND rug out from under the American peo- PROVIDING FOR CONSIDERATION MEDICAID EXPANSION ple. Our focus is protecting patients, OF H.R. 1004, REGULATORY IN- (Mr. MARSHALL asked and was and what we are offering is a real solu- TEGRITY ACT OF 2017, AND PRO- given permission to address the House tion to the disaster that is ObamaCare. VIDING FOR CONSIDERATION OF for 1 minute.) H.R. 1009, OIRA INSIGHT, RE- Mr. MARSHALL. Madam Speaker, I f FORM, AND ACCOUNTABILITY rise today to support our President’s ACT plan to replace the Affordable Care KEEPING OUR PROMISES Mr. SESSIONS. Madam Speaker, by Act, but I want to stop and salute my (Mr. ARRINGTON asked and was direction of the Committee on Rules, I colleague, my neighbor to the north, given permission to address the House call up House Resolution 156 and ask General DON BACON, and the great for 1 minute.) for its immediate consideration. State of Nebraska. As I tell people, I Mr. ARRINGTON. Madam Speaker, The Clerk read the resolution, as fol- have never met a bad person from Ne- we have a new era that has dawned on lows: braska yet. General BACON continues to American politics. Our citizens are de- H. RES. 156 represent his State in a great manner, manding that we don’t conduct our Resolved, That at any time after adoption and I appreciate his friendship. business as usual. of this resolution the Speaker may, pursuant Madam Speaker, I rise to support the These are times that call for bold to clause 2(b) of rule XVIII, declare the President’s plan to replace the ACA ex- leadership and bold action. Over the House resolved into the Committee of the changes and Medicaid expansion. This last couple of years, my observation is Whole House on the state of the Union for that we don’t need new solutions. We consideration of the bill (H.R. 1004) to amend is simply in a death spiral right now. It chapter 3 of title 5, United States Code, to is not working in Kansas. It is not have reforms for immigration, reforms require the publication of information relat- working in the country. We cannot af- for regulations, reforms for our Tax ing to pending agency regulatory actions, ford to go in that direction. Code. What we need is courage: courage and for other purposes. The first reading of I am committed to helping those to act, courage to keep our promises, the bill shall be dispensed with. All points of with long-term health issues, as well as as our President said last night, and order against consideration of the bill are those that get insurance outside the finish what we started. waived. General debate shall be confined to workplace, to truly find quality, af- ObamaCare is a disaster, to repeat the bill and shall not exceed one hour equal- what the President said. The facts are ly divided and controlled by the chair and fordable health care. We are not going ranking minority member of the Committee to turn our backs on anybody. We are undisputable. This isn’t a situation on Oversight and Government Reform. After going to ensure there is a quality tran- where we have a leaky roof in need of general debate the bill shall be considered sition time for all patients. repair. We are on faulty foundation, for amendment under the five-minute rule. The bill shall be considered as read. All f and it is shifting under our feet. If we don’t act swiftly and decisively, the points of order against provisions in the bill REPEAL OBAMACARE house will collapse. are waived. No amendment to the bill shall be in order except those printed in part A of (Mr. JOHNSON of Louisiana asked Leadership is about courage. Leader- ship is about keeping our promises. We the report of the Committee on Rules accom- and was given permission to address panying this resolution. Each such amend- the House for 1 minute.) all owe it to the American people to ment may be offered only in the order print- Mr. JOHNSON of Louisiana. Madam act accordingly. ed in the report, may be offered only by a Speaker, we are excited today about Member designated in the report, shall be the renewal of the American spirit. One f considered as read, shall be debatable for the big step in that renewal is the repeal of time specified in the report equally divided and controlled by the proponent and an op- ObamaCare. READY FOR GROWTH AND INNOVATION ponent, shall not be subject to amendment, The ACA is failing and the American and shall not be subject to a demand for divi- people are suffering because of it. Pre- (Mr. ALLEN asked and was given sion of the question in the House or in the miums have skyrocketed and permission to address the House for 1 Committee of the Whole. All points of order healthcare decisions are no longer minute and to revise and extend his re- against such amendments are waived. At the being made by patients and doctors but marks.) conclusion of consideration of the bill for by out-of-touch Washington bureau- Mr. ALLEN. Madam Speaker, I rise amendment the Committee shall rise and re- crats often motivated by their own today in support of the Searching for port the bill to the House with such amend- ments as may have been adopted. The pre- self-interests. and Cutting Regulations that are Un- vious question shall be considered as ordered In my State of Louisiana alone, some necessarily Burdensome Act, or the on the bill and amendments thereto to final insurance providers have projected SCRUB Act. passage without intervening motion except rates to increase as much as 41 percent This legislation establishes a com- one motion to recommit with or without in- in 2017. There is nothing about that mission to review existing Federal reg- structions. number that is affordable, and many ulations and report to Congress those SEC. 2. At any time after adoption of this are choosing to forego healthcare cov- that should be repealed to reduce un- resolution the Speaker may, pursuant to erage altogether, rather than suffer necessary costs to the economy—kind clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole under the weight of the new, increased of like a regulation report card. House on the state of the Union for consider- costs. Federal rules and regulations have ation of the bill (H.R. 1009) to amend title 44, Some would suggest that a higher sucked the life out of our small busi- United States Code, to require the Adminis- cost should imply a higher quality of nesses for the last 8 years. Unlike some trator of the Office of Information and Regu- care, but even that is not true under lawmakers, I have the unique experi- latory Affairs to review regulations, and for our current system. In many areas ence of having operated a business other purposes. The first reading of the bill across the United States, ObamaCare under Obama-era rules and regulations. shall be dispensed with. All points of order has removed nearly all competition in Let me tell you that it was very dif- against consideration of the bill are waived. General debate shall be confined to the bill the marketplace and has left con- ficult. Our struggles were not an iso- and shall not exceed one hour equally di- sumers with only one or two providers lated event. Georgians and Americans vided and controlled by the chair and rank- to choose from, further removing pa- across the country bore those same ing minority member of the Committee on tient choice from the process. burdens. Oversight and Government Reform. After Patient-centered care is critical to a We are ready for growth and innova- general debate the bill shall be considered productive healthcare system, and Re- tion and an environment that encour- for amendment under the five-minute rule. It publicans in Congress have been work- ages an economy like we have never shall be in order to consider as an original ing tirelessly to create a plan that ben- seen before. The SCRUB Act is a solid bill for the purpose of amendment under the five-minute rule an amendment in the na- efits all Americans. Quality, affordable step forward in restoring life to the ture of a substitute consisting of the text of health care is within our reach. Con- American small-business community. Rules Committee Print 115-4. That amend- trary to what many in the media would I urge my colleagues to support this ment in the nature of a substitute shall be have you believe, we will not pull the legislation. considered as read. All points of order

VerDate Sep 11 2014 00:21 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.017 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1404 CONGRESSIONAL RECORD — HOUSE March 1, 2017 against that amendment in the nature of a tained in this rule. These bipartisan other words, an agency lobbying for substitute are waived. No amendment to initiatives will enhance transparency, itself, its ideas, as opposed to the pub- that amendment in the nature of a sub- provide for a check on Federal agen- lic comment period, final rulemaking, stitute shall be in order except those printed cies, and I believe help create a better and then issues and ideas being dis- in part B of the report of the Committee on cussed with and by the people of the Rules accompanying this resolution. Each process in the Federal Government for such amendment may be offered only in the the people we serve, which are the peo- country. Specifically, H.R. 1004 re- order printed in the report, may be offered ple of this great Nation. quires agencies to make available on- only by a Member designated in the report, Congress enacted the Administrative line information about public commu- shall be considered as read, shall be debat- Procedure Act in 1946 to ensure that nications on pending regulatory ac- able for the time specified in the report the public had an opportunity to pro- tions. equally divided and controlled by the pro- vide expertise, opinions, and other Further, H.R. 1004 requires that agen- ponent and an opponent, shall not be subject comments during the rulemaking proc- cies ‘‘expressly disclose that the Execu- to amendment, and shall not be subject to a ess that takes place in the administra- tive agency is the source of the infor- demand for division of the question in the mation to the intended recipients.’’ House or in the Committee of the Whole. All tion. It was designed to provide guar- antees of due process in administrative Why is this important? points of order against such amendments are This is important because too many waived. At the conclusion of consideration of procedures for self-governing American the bill for amendment the Committee shall citizens who have to live under these times information is provided without rise and report the bill to the House with rules that are promulgated by those the basis of the facts behind it. It is such amendments as may have been adopted. unelected and not necessarily known opinion, Mr. Speaker. When members Any Member may demand a separate vote in by the American people. of the public see information that is the House on any amendment adopted in the The Administrative Procedure Act, provided, a source should be behind Committee of the Whole to the bill or to the known as the APA, as it is commonly that information. amendment in the nature of a substitute Further, H.R. 1004 prohibits agencies referred to, was designed to require made in order as original text. The previous from ‘‘soliciting support for or pro- agencies to keep the public informed of question shall be considered as ordered on moting . . . pending agency regulatory the information and ideas, procedures, the bill and amendments thereto to final action.’’ A simple concept of trans- passage without intervening motion except and rules, and to provide a means for parency and, I believe, professionalism one motion to recommit with or without in- public participation in the rulemaking that both sides of the aisle should not structions. process that would take place here in only demand, but also welcome from The SPEAKER pro tempore (Ms. ROS- Washington, D.C. any executive agency, regardless of LEHTINEN). The gentleman from Texas Unfortunately, as is too often the who is in the White House. It is in the is recognized for 1 hour. case, Federal bureaucrats over years best interest of the American public, Mr. SESSIONS. Madam Speaker, for and previous administrations have ex- and transparency and honesty related the purpose of debate only, I yield the ploited the broad language of the Ad- to that should be above reproach. Un- customary 30 minutes to the gen- ministrative Procedure Act to focus fortunately, this has also not been the tleman from Colorado (Mr. POLIS), my the rulemaking process solely for spe- instance, as there are abuses and over- friend, pending which I yield myself cial interest reasons. Sometimes it is reach by Federal agencies and such time as I may consume. During groups, sometimes it is ideas, and unelected bureaucrats. consideration of this resolution, all sometimes it is against the voices of Presidents of both parties have re- time yielded is for the purpose of de- the average American who wishes to quired a centralized review of regula- bate only. participate in this process. This clearly tions since the 1970s. This has largely GENERAL LEAVE was not the APA’s legislative intent been handled by the Office of Informa- Mr. SESSIONS. Madam Speaker, I and reflects yet another encroachment tion and Regulatory Affairs, or OIRA, ask unanimous consent that all Mem- on Congress’ Article I powers which are as it is commonly referred to. Every bers may have 5 legislative days within enshrined in the United States Con- President since President Ronald which to revise and extend their re- stitution. Reagan has required a centralized re- marks. This shift away from the intent of view of regulations at OIRA so that an The SPEAKER pro tempore. Is there the Administrative Procedure Act, agency can do cost-benefit analysis of objection to the request of the gen- known as the APA, has meant that regulatory actions, which means there tleman from Texas? most agency deliberations are carried is a centralized process for the admin- There was no objection. out without a record or even a public istration to look at what they do. review of those decisions that are b 1230 In 1993, President Bill Clinton put made. Additionally, and possibly more into place Executive Order 12866 to des- Mr. SESSIONS. Madam Speaker, I troubling, agencies have undermined ignate OIRA as the repository of exper- rise today in support of the rule. It is the purpose and the spirit of the no- tise concerning regulatory issues. The a fair rule that enables thoughts and tice-and-comment process by actively executive order limited OIRA’s review ideas from both sides of the aisle to be campaigning in support of their ideas of regulations to only significant rules considered on the House floor today. It using government resources and proc- changes, those that have an annual ef- enables us to proceed with the work esses to that advantage. fect on the economy of $100 million or that the American people have sent us The clearest example of this abuse more. This office is responsible for re- here to accomplish. It is of great meas- can be found recently and numerously viewing the regulatory actions at both ure of the work that we are doing at the Environmental Protection Agen- the proposed and final rulemaking today. We had an extensive and long cy, known as the EPA. After issuing stages. Unfortunately, lately, agencies committee hearing at the Committee the waters of the United States notice have blatantly ignored the principles of on Rules yesterday with witnesses of proposed rulemaking, the EPA un- the executive order from President from both sides of the aisle, Repub- dertook a public campaign utilizing so- Clinton, Executive Order 12866, and licans and Democrats, who felt strong- cial media platforms to solicit support other governing authorities, including ly about the issues and ideas that were for what was, at the time, a promul- those requiring State, local, and tribal before them and the ideas which will be gated rule. Following this abuse, the consultation in the rulemaking process presented on the floor of the House of GAO issued a report finding that the have been ignored. Representatives today, the underpin- EPA violated propaganda and anti-lob- According to a policy center at ning of which are entitled to give the bying provisions concerning the use of George Mason University, agencies American people a better shot at a bet- their fiscal year 2014 and 2015 appro- usually satisfy 60 percent or less of the ter life not only from a business per- priations. requirements called for in the regu- spective, economic development, but The Regulatory Integrity Act of 2017 latory analysis, meaning that certain also the creation of jobs in the United helps ensure transparency in the rule- times we have found the executive States of America. making process by prohibiting Federal branch did not even follow the well- Madam Speaker, I also rise in sup- agencies from anonymously issuing known processes that are there to pro- port of the underlying legislation con- statements for propaganda purposes, in tect the people who they are trying to

VerDate Sep 11 2014 00:21 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.006 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1405 provide services to. Mr. Speaker, we be- STATEMENT OF ADMINISTRATION POLICY on American workers, an attack on our lieve that is partially why we are here H.R. 998—SEARCHING FOR AND CUTTING REGULA- environment and protecting our public today, to clarify and correct these TIONS THAT ARE UNNECESSARILY BURDEN- health. SOME (SCRUB) ACT problems. First with regard to H.R. 1009, much (Rep. Smith, R–MO, and three cosponsors) has been said since the start of this For example, between 2000 and 2013, H.R. 1004—REGULATORY INTEGRITY ACT OF 2017 Congress about the importance of our 98 percent of the Environmental Pro- (Rep. Walberg, R–MI, and eight cosponsors) checks and balances in our system. We tection Agency’s final rules contained have a new President who isn’t shy H.R. 1009—OIRA INSIGHT, REFORM, AND no estimated compliance costs. That ACCOUNTABILITY ACT about blurring the lines of separation means that the agency chose not to fol- (Rep. Mitchell, R–MI, and four cosponsors) between the executive, legislative, and low the process that is prescribed by even the judicial branches of govern- The Administration is committed to reduc- ment. He publicly condemned a judge the executive order. Additionally, the ing regulatory burden on all Americans. On based on his ethnicity in a private EPA routinely justifies its regulatory January 30, 2017, President Trump signed Ex- case. He also attacked a judge who activities by claiming benefits from ecutive Order 13771, Reducing Regulation and Controlling Regulatory Costs, which pro- struck down his order on immigration. matters unrelated to the underlying vides for repeal of two regulations for every I find it troubling to be debating a bill legislation. Mr. Speaker, you can well new one issued. This historic step acceler- that would make government agencies see why there is consternation not only ates the retrospective review process to even more dependent on the judgment among people in the United States, but make common-sense reforms to regulations of the White House when many of us uncertainty with business that is at- across the Federal Government. Legislation question the judgment of the gen- is helpful where it amends agencies’ regu- tleman currently occupying the Oval tempting to follow the well-understood latory processes to ensure they are trans- rules and regulations and the processes parent, and appropriately balance costs and Office. that go therein only to find out that benefits. Under current law, independent agen- cies, like the Environmental Protec- our government chooses not to follow Each of these bills would address different aspects of the regulatory process. The tion Agency, the Consumer Financial the rules and regulations that they SCRUB Act, H.R. 998, addresses the numer- Protection Bureau, Federal Commu- should be following. ous outdated, duplicative, and otherwise un- nications Commission, and many oth- H.R. 1009 codifies the requirement for necessary regulations that have accumulated ers don’t need approval from the ad- throughout government. The Regulatory In- OIRA to conduct a review of significant ministration to move forward with a tegrity Act of 2017, H.R. 1004, would restrict new rule or regulation. Misleadingly regulations to ensure the regulations the use of agency funds to advocate on behalf characterized as simplifying the exist- are consistent with applicable law and of regulations, and the OIRA Insight, Re- ing executive order, what this bill the principles set forth in the executive form, and Accountability Act, H.R. 1009, would actually do is require all rules order. It also establishes new trans- would codify specific executive branch regu- latory review procedures. made by independent government parency measures such as requiring in- The Administration supports the SCRUB agencies to be sent to the White House, creased disclosure when extending re- Act, the Regulatory Integrity Act, and the centralizing the power of the White view time, explanations about regula- OIRA Insight, Reform, and Accountability House and the power of the President. tions that are dropped from the unified Act. The Administration looks forward to working with the Congress on technical and b 1245 agenda, and a redline of changes that other amendments to these bills. This bill effectively mandates im- agencies make to regulations while it The Administration appreciates the efforts proper influence by the White House. is under review by OIRA. of the Congress to rationalize the regulatory In addition, the bill repeals language system and looks forward to continuing to that exempts rules considered to be OIRA review is important to provide work together to reform the regulatory proc- a double check on agencies to ensure ess. lifesaving from having to undergo a not only compliance with the law, but full review process. Mr. POLIS. Mr. Speaker, I thank the If those reasons weren’t enough to the well-understood proposals that are gentleman for yielding me the cus- dissuade my colleagues from voting in made by agencies and the processes tomary 30 minutes. I yield myself such favor of this rule, let me briefly discuss that they expect to understand in that time as I may consume. the unlimited review window this bill process. That is why the main tenets of Mr. Speaker, today I rise in opposi- would create to derail and delay impor- the underlying legislation have been tion to the rule and both underlying tant rules. Frankly, important provi- supported by Presidents in the past, bills, H.R. 1009, the OIRA Insight, Re- sions like this are the reasons why the Members of Congress in the past, and form, and Accountability Act; and H.R. American people, often rightfully, ac- even the judiciary that should expect 1004, the Regulatory Integrity Act. cuse the government of waste, fraud, These two bills that would be debated that processes and procedures are fol- and abuse. under this rule were both reported out By giving the Office of Information lowed properly. of the House Committee on Oversight and Regulatory Affairs unlimited time Mr. Speaker, I would like to take a and Government Reform without a sin- to review rules, Congress would effec- note, if I can, and add into the RECORD gle Democratic vote. So these are not tively allow the White House to bury a Statement of Administration Policy bipartisan bills. They were reported rules in red tape and paperwork, the that came from one of our former col- out of committee only by Republicans. very red tape and paperwork and bu- leagues, now the Director of the OMB, The bills threaten transparency, under- reaucracy that the American people the Honorable Mick Mulvaney. Mr. mine the independent authority of gov- are frustrated with. This bill is a recipe ernment agencies, and weaken the sep- Mulvaney, in his new duties as the Di- to make government less efficient aration of powers between our three rather than more efficient. It would rector of the OMB, provided his first branches of government at a time in grind the rulemaking process to a halt Statement of Administration Policy. It our history when we need it the most. by burying the very limited staff of the is concerning exactly the act that we I sat in this Chamber last night as White House under a whole array of are speaking about. I would like to President Trump spoke about fixing rules from independent agencies that, congratulate the young Director of the healthcare and immigration systems, with no timeline, would simply sit in OMB for his ascension to not only an but we haven’t seen those plans yet. In- the White House either going nowhere important role, but helping the United stead, all we have seen are these kinds or being studied by committee after States Congress to clarify for the of not-bipartisan bills that don’t ac- committee after committee. Perhaps, American people that which is in their complish a lot. after several years, they will see the best interest. Now, these two bills claim to offer light of day after even more bureau- accountability and integrity in the crats have had the chance, at your tax- Mr. Speaker, I reserve the balance of rulemaking process, but when you look payer expense, to read those rules. my time. past their title, you see what they real- My colleagues on the other side of ly are is just another backdoor attack the aisle claim that this bill makes the

VerDate Sep 11 2014 01:21 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.020 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1406 CONGRESSIONAL RECORD — HOUSE March 1, 2017 Office of Information and Regulatory cratic support for that. This bill does under our authorizing statutes to do Affairs somehow more accountable by not do that. their job: to protect the health and Congress by authorizing the statute, Republicans are ignoring the fact safety of the American people. but that is not the case. This bill, like that the GAO also concluded that ‘‘the I urge my colleagues to reject this many other bills we have seen in this agency complied with the applicable rule and reject these bills. Congress, frankly, is a solution in requirements,’’ and were so concerned I reserve the balance of my time. search of a problem. with providing the public with opportu- Mr. SESSIONS. Mr. Speaker, I yield I don’t disagree that the rulemaking nities to comment that the EPA and myself such time as I may consume. process should be simplified, but there Army Corps of Engineers conducted I appreciate the gentleman’s is a collaborative, bipartisan way to do over 400 meetings across the country. If thoughtful observations on this rule that. This bill does not represent that this bill passes the House, the ability and on the bills. I will acknowledge idea. If passed, H.R. 1009 would reduce of agencies to do those kinds of out- that yesterday at the Rules Committee the ability of independent government reach efforts and stakeholder involve- there was a vigorous discussion—I agencies to work effectively, create ad- ment efforts would be limited. It would thought, professional on both sides— ditional paperwork and bureaucracy, be limited by vast and unnecessary ad- where there was an idea about the in- and transfer significant power and au- ditional work, red tape, and bureau- tent of this bill and what it would, in thority to the White House and the cratic reporting requirements that essence, lay off on the administration, President. would be mandated under this bill with or any administration, in trying to Frankly, this bill is a serious threat the same limited resources they have make sure that they complied with the law. on our checks and balances at a time today. I think that it would be better I will tell you that our Appropria- we need it the most. I urge my col- use of their limited resources to do tions chairman, as well as the Appro- leagues on both sides of the aisle to those kinds of field opportunities priations Committee, would be able to take that into account when voting on across the country, giving American deal effectively with this if they be- the rule and the bill today. stakeholders and people involved the lieved they needed more money in The second bill under this rule is opportunity to testify about how those order to accomplish these efforts. But I H.R. 1004, the so-called Regulatory In- rules affect them. think that transparency is an impor- tegrity Act. It is another example of The most immediate and certain ef- tant issue, and I think that our author- Republican attacks on health and safe- fect of this bill would be to virtually izing and appropriating committees ty protections. prohibit agencies from disclosing to will understand that, as they deal with The Regulatory Integrity Act of 2017 the public any benefits that agency ac- agencies, a better dialogue, whether it requires executive agencies to provide tions would have in protecting the be Republican or Democrat in office, extensive and, often, gratuitous infor- American people. If an agency is no needs to be able to deal with Congress, mation on their websites related to any longer allowed to explain how the rule- provide us information, provide the pending regulatory action they are making process would benefit and pro- American people with information, and seeking to make. Again, it is difficult tect the American people, the public, be forthright about the decisions that to find a Member of this body who of course, would view this as some sort they are going to make. doesn’t believe that we want more of burdensome regulation. Perhaps I think that the new Director of the transparency, more accountability, and that is the goal of this bill from a prop- OMB, the Honorable Mick Mulvaney, more streamlining of regulations. Of aganda perspective. responded in his advice back—meaning course, those are priorities for the Finally, this bill will ban agencies the statement of administrative policy country. This bill does not do that. from soliciting support for their regu- that directly took on this issue—that I don’t believe an outright attack on lations, seemingly forgetting that cur- he looked forward to not only working our rulemaking process meant to pro- rent law already does this. If there is with Congress on their needs, but also tect our health, meant to protect peo- need to clarify it again, we can cer- complying with the spirit of the law. I ple from fraud and abuse, and giving tainly do so in a bipartisan way. believe, Mr. Speaker, that what we are yet more hoops for agency officials to This unsettling trend of trying to, in doing today is providing information to jump through in doing the job that fact, regulate regulations actually a brand-new administration and saying Congress has asked them to do, in no leads to additional bureaucracy and pa- to a brand-new administration that it way is that the correct way to go about perwork. It is a disservice to American is okay if you have your ideas about increasing transparency in govern- workers and families, to our environ- those issues that you would wish to ment. This bill makes it more difficult ment, and to many Americans who take up, but you have to be forthright for all of the agencies that we have set don’t know if they can make their rent about what you are doing. You have to up, that we have directed, to do their or have health insurance at the end of provide information not only to Con- job: to protect the American public. the month. It is a disservice to the gress, but the American people; and The new reporting requirements that thousands of military and civilian when you propose changes or rules, you are included in this bill will distract workers no longer able to seek employ- have to be honest and forthright in agencies from their core missions of ment in the Federal Government and a doing that. keeping Americans safe and, again, disservice to so many American chil- It may be a little bit more money, bury them under mounds and mounds dren and adults. but this Congress will stand behind of additional paperwork requirements. The fact that we are even considering this. And I believe that the new Trump Many of these agencies have seen their these bills illustrates that the prior- administration, at least through my budgets cut by the Republicans, and ities in Congress are not in line with conversations with our new President the reporting requirements will take the priorities of the people that we rep- and the head of OMB, they intend for up even more of their very limited ca- resent. I have not heard an outcry from across the government, across a new pacity that they have under the budget my constituents on any of these issues. administration to attempt to be forth- constraints they operate at. I hear about health care. I hear about right and direct about what they are As many of us know, this bill was immigration reform, improving our doing and why we are doing it. Now, born out of a 2015 GAO study that de- schools, making college more afford- more than ever, whether you are a Re- termined that the Environmental Pro- able, not that we need more adminis- publican or Democrat or not—you tection Agency had violated certain re- trative hurdles to the rulemaking proc- could be a person back home—you are strictions during the rulemaking proc- ess. I haven’t heard it once from a sin- entitled to try and clarify and ask in- ess for waters of the U.S. To me, the gle constituent at 51 townhalls I had formation. That is what we are doing. fact that that determination was made last session. Mr. Speaker, I yield 10 minutes to by an independent government agency The passage of this bill will put a sig- the gentleman from Washington (Mr. is proof that our oversight process nificant administrative burden on gov- NEWHOUSE), a member of the Rules works. If there is a bipartisan bill we ernment agencies that issue rules to Committee, who served his State hon- can do to implement best practices, I protect Americans. It would limit the orably as their agriculture commis- think that we could have strong Demo- ability of the agencies that we set up sioner.

VerDate Sep 11 2014 01:21 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.022 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1407 Mr. NEWHOUSE. Mr. Speaker, I ulatory actions, while establishing again, I didn’t have a single con- would like to thank my good friend clear standards for prohibited activi- stituent raise issues over regulatory from Texas (Mr. SESSIONS), the chair- ties. This will guarantee that both the reform. I did have people ask if we can man of the Committee on Rules, for public and Congress understand how have a full accounting of foreign inter- yielding me this time. Federal agencies communicate with ference with our more recent election, I am certainly in favor of the Regu- the public about pending regulations, and, if we defeat the previous question, latory Integrity Act of 2017, which I and these reasonable restrictions will that will give us an opportunity to do think will provide necessary trans- support transparency and account- that. parency in the regulatory process by ability across the Federal Government. I urge my colleagues to vote ‘‘no’’ requiring agencies to post all public Mr. Speaker, agencies should con- and defeat the previous question. I will comments issued during a proposed sider comments from the public and in- also urge them to vote ‘‘no’’ on the rulemaking, which sounds simple corporate reasonable changes so that rule, and ‘‘no’’ on the underlying bills. enough. I cosponsored this legislation proposed Federal regulations can be re- Just so no one is here under any illu- because I strongly believe, and I firmly vised and refined using that valuable sions, Republicans do currently control believe, the public comment process is public feedback before they are final- the House, and the Senate, and the critical to ensure Federal regulations ized. However, too often, Federal bu- White House. Frankly, they have the are drafted to protect the American reaucrats simply go through the mo- ability to set the agenda, and they people and not to punish them. tions and end up ignoring the public’s could use that agenda to advance real Unfortunately, far too often, agen- input while they happily flout Federal reforms like infrastructure, or tax re- cies either ignore or fail to incorporate law and create campaigns designed to form, or fixing our broken immigration the public’s input and suggestions garner support for their preferred pro- system, repairing broken roads and when proposing and finalizing these posals. Federal agencies must not treat bridges. Today, instead, we are debat- important rules. Many regulatory ac- their proposed regulations as final. By ing something so obscure that I don’t tions impose billions of dollars in com- doing so, they are ignoring the voice think the American people know what pliance and other costs on industries, and the will of the American people. OIRA does or how to pronounce it; an- on consumers, on small businesses, on I urge my colleagues to support this other bill that has to deal with wheth- farmers, and on families while bureau- important rule and the underlying bill; er regulations are seen and signed off crats ignore the meaningful input, sug- then, together, we can return trans- on by the staffers in the White House; gested improvements, and the real con- parency, we can return accountability, and two bills that don’t do anything cerns being voiced by the very people and we can return public input to the but undermine the separation of pow- ers, undermine the authority of this in- that will be most affected by their ac- Federal rulemaking process once and stitution, the United States Congress, tions. for all. Mr. Speaker, this measure requires and make it harder for public agencies more transparency and accountability b 1300 to do the job that we have instructed of Federal agency communications Mr. POLIS. I would like to inquire if them to do to keep the American peo- about proposed and pending regula- the gentleman from Texas (Mr. SES- ple safe. tions. Agencies like the Environmental SIONS) has any remaining speakers? For these reasons, Mr. Speaker, I Protection Agency have continually Mr. SESSIONS. Mr. Speaker, as a urge my colleagues to defeat the pre- violated Federal laws and appropria- matter of fact, I do not have additional vious question so we can bring up H.R. tions restrictions that prohibit the use speakers. I would wish to not only 356, the Protecting Our Democracy Act, and oppose the underlying legisla- of Federal funds for lobbying, advo- close myself, but to present a little bit tion. cacy, and propaganda efforts. more information. I would allow the gentleman, if he were prepared to offer I yield back the balance of my time. I know many are aware of the EPA’s Mr. SESSIONS. Mr. Speaker, I yield his close, I would do the same. unlawful social media campaign advo- myself such time as I may consume. cating for the waters of the United Mr. POLIS. Mr. Speaker, I yield my- Mr. Speaker, the debate today has States rule, the WOTUS rule; however, self the balance of my time. been fair and above board. I want to an even more egregious example re- Mr. Speaker, we are all deeply con- congratulate and thank the gentleman cently occurred in my own home State cerned over the reports from our intel- from Colorado not only for his service of Washington. The EPA-funded What’s ligence community regarding foreign on the Rules Committee, but his serv- Upstream campaign used grant awards interference in our most recent elec- ice today in annunciating not just his to fund a website, radio ads, and bill- tion. When we defeat the previous ques- party’s policies and ideas on this, but boards depicting dead fish and polluted tion, I will offer an amendment to the also his own, as he brings a vast busi- water, alleging that farmers and the rule to bring up bipartisan legislation, ness experience not only to Congress agriculture industry were responsible. H.R. 356, the Protecting Our Democ- and to the Rules Committee, but to The website helped visitors email their racy Act, which would create an inde- serve the people of his congressional State legislators to advocate for 100- pendent commission to investigate the district. foot stream buffer zones around farms foreign interference in our 2016 elec- However, with that said, Mr. Speak- and other agricultural operations, de- tion. er, I think that this will be over- spite prohibitions against such advo- This is not a partisan matter. Both whelming success on a bipartisan basis cacy. Democrats and Republicans have called today, and the reason why is, because As a lifelong farmer, I have got to for this investigation and a full ac- what we are doing is in the best inter- tell you, Mr. Speaker, I was insulted by counting for the American people. est of the American people. the blatant lies this campaign had Frankly, the American people deserve We are doing this because the Amer- spread about farmers; and as a Member to know what happened, and Congress ican people want and need an oppor- of Congress, I am outraged that the has the responsibility to get to the bot- tunity, as they petition their govern- EPA continues to award grant funding tom of it. ment, to know that they were heard, to the entities responsible for this, I Mr. Speaker, I ask unanimous con- for their issues and ideas to be seen. think, despicable and deceitful sent to insert the text of my amend- And I would think now more than ever, antifarmer campaign. I believe Con- ment in the RECORD, along with extra- especially if it were a prior administra- gress must ensure Federal agencies fol- neous material, immediately prior to tion, we would be accused of trying to low the law to prevent future libelous the vote on the previous question. jam down their throats something that campaigns like What’s Upstream from The SPEAKER pro tempore (Mr. we saw that was trying to put an undue ever receiving another cent of taxpayer ROGERS of Kentucky). Is there objec- burden on another administration. But, dollars. tion to the request of the gentleman in fact, we are not. H.R. 1004 prohibits lobbying in sup- from Colorado? And so the thoughts and ideas today port of proposed rules and requires There was no objection. should be—regardless of the adminis- agencies to track the details of all pub- Mr. POLIS. Mr. Speaker, when I was tration, regardless whether you com- lic communications about pending reg- back in my district earlier this year, pletely agree, or somewhat disagree,

VerDate Sep 11 2014 01:55 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.023 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1408 CONGRESSIONAL RECORD — HOUSE March 1, 2017 we would want that government, that ference in the 2016 Election. All points of ment to the rule, or yield for the purpose of agency to be able to operate with the order against consideration of the bill are amendment.’’ confidence of the American people. And waived. General debate shall be confined to In Deschler’s Procedure in the U.S. House that means that they are not there for the bill and shall not exceed one hour equal- of Representatives, the subchapter titled ly divided and controlled by the chair and ‘‘Amending Special Rules’’ states: ‘‘a refusal their own purposes, or special inter- ranking minority member of the Committee to order the previous question on such a rule ests, or for them to skew facts or infor- on Foreign Affairs. After general debate the [a special rule reported from the Committee mation that might be provided to the bill shall be considered for amendment under on Rules] opens the resolution to amend- American people, but, in fact, were the five-minute rule. All points of order ment and further debate.’’ (Chapter 21, sec- opinions as opposed to something that against provisions in the bill are waived. At tion 21.2) Section 21.3 continues: ‘‘Upon re- was reasonably gained as a result of a the conclusion of consideration of the bill for jection of the motion for the previous ques- scientific fact or information that was amendment the Committee shall rise and re- tion on a resolution reported from the Com- based on facts of the case. port the bill to the House with such amend- mittee on Rules, control shifts to the Mem- Mr. Speaker, the regulatory state in ments as may have been adopted. The pre- ber leading the opposition to the previous vious question shall be considered as ordered question, who may offer a proper amendment this country has grown exponentially on the bill and amendments thereto to final or motion and who controls the time for de- and, really, to unprecedented levels. passage without intervening motion except bate thereon.’’ Unelected bureaucrats have exceeded one motion to recommit with or without in- Clearly, the vote on the previous question their authority, they are creating regu- structions. If the Committee of the Whole on a rule does have substantive policy impli- lations, they are negatively impacting rises and reports that it has come to no reso- cations. It is one of the only available tools the marketplace, which causes a prob- lution on the bill, then on the next legisla- for those who oppose the Republican major- lem for me back home, and Members of tive day the House shall, immediately after ity’s agenda and allows those with alter- Congress back home, as businesses talk the third daily order of business under clause native views the opportunity to offer an al- 1 of rule XIV, resolve into the Committee of ternative plan. about following rules and regulations the Whole for further consideration of the rather than the marketplace, and try- Mr. SESSIONS. Mr. Speaker, I yield bill. back the balance of my time, and I ing to add employees and to turn the SEC. 4. Clause 1(c) of rule XIX shall not cash register. apply to the consideration of H.R. 356. move the previous question on the res- Accordingly, the American Action olution. Forum, when totaling all available reg- THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The ulatory costs reported by executive IT REALLY MEANS question is on ordering the previous agencies, the Obama administration This vote, the vote on whether to order the question. imposed more than $600 billion in regu- previous question on a special rule, is not The question was taken; and the latory costs from 2009 to 2014. That is merely a procedural vote. A vote against or- Speaker pro tempore announced that dering the previous question is a vote the ayes appeared to have it. $600 billion worth of regulatory costs against the Republican majority agenda and imposed on the American people by Mr. POLIS. Mr. Speaker, on that I a vote to allow the Democratic minority to demand the yeas and nays. unelected bureaucrats that have in- offer an alternative plan. It is a vote about creasingly become unaccountable, not what the House should be debating. The yeas and nays were ordered. only to economic growth, but also to Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- the American people, and I believe to House of Representatives (VI, 308–311), de- ant to clause 8 of rule XX, further pro- Congress. scribes the vote on the previous question on ceedings on this question will be post- Other studies have produced the the rule as ‘‘a motion to direct or control the poned. consideration of the subject before the House same conclusion and it is this: that f being made by the Member in charge.’’ To runaway regulations have a disastrous defeat the previous question is to give the SEARCHING FOR AND CUTTING effect on the United States economy, opposition a chance to decide the subject be- REGULATIONS THAT ARE UN- impacting not only job creation, but fore the House. Cannon cites the Speaker’s NECESSARILY BURDENSOME ACT also the effective opportunity for the ruling of January 13, 1920, to the effect that free enterprise system to exist. ‘‘the refusal of the House to sustain the de- The SPEAKER pro tempore (Mr. Federal agencies should exist to mand for the previous question passes the NEWHOUSE). Pursuant to House Resolu- serve the American people. And as control of the resolution to the opposition’’ tion 150 and rule XVIII, the Chair de- such, they should heed and respect in order to offer an amendment. On March clares the House in the Committee of their views and comments, while stay- 15, 1909, a member of the majority party of- the Whole House on the state of the fered a rule resolution. The House defeated ing within the parameters of laws Union for the further consideration of the previous question and a member of the the bill, H.R. 998. passed by lawmakers or ensuring the opposition rose to a parliamentary inquiry, rulemaking process is transparent and asking who was entitled to recognition. Will the gentleman from Kentucky free of propaganda. Speaker Joseph G. Cannon (R–Illinois) said: (Mr. ROGERS) kindly take the chair. Mr. Speaker, we appreciate you al- ‘‘The previous question having been refused, b 1309 lowing us time to debate this on behalf the gentleman from New York, Mr. Fitz- of the American people today. This gerald, who had asked the gentleman to IN THE COMMITTEE OF THE WHOLE rule and the underlying legislation will yield to him for an amendment, is entitled to Accordingly, the House resolved the first recognition.’’ itself into the Committee of the Whole provide an important check on the reg- The Republican majority may say ‘‘the ulatory state that we find exists today House on the state of the Union for the vote on the previous question is simply a further consideration of the bill (H.R. in the United States, and to return vote on whether to proceed to an immediate transparency, responsiveness, and, I be- vote on adopting the resolution . . . [and] 998) to provide for the establishment of lieve, honest dignity to the American has no substantive legislative or policy im- a process for the review of rules and people that we serve, for this over- plications whatsoever.’’ But that is not what sets of rules, and for other purposes, reaching process. I urge my colleagues they have always said. Listen to the Repub- with Mr. ROGERS of Kentucky (Acting to support this rule and the underlying lican Leadership Manual on the Legislative Chair) in the chair. Process in the United States House of Rep- The Clerk read the title of the bill. legislation. resentatives, (6th edition, page 135). Here’s The material previously referred to The Acting CHAIR. When the Com- how the Republicans describe the previous mittee of the Whole rose on Tuesday, by Mr. POLIS is as follows: question vote in their own manual: ‘‘Al- AN AMENDMENT TO H. RES. 156 OFFERED BY though it is generally not possible to amend February 28, 2017, amendment No. 7 MR. POLIS the rule because the majority Member con- printed in House Report 115–20 offered At the end of the resolution, add the fol- trolling the time will not yield for the pur- by the gentleman from Illinois (Mr. lowing new sections: pose of offering an amendment, the same re- KRISHNAMOORTHI) had been disposed of. SEC 3. Immediately upon adoption of this sult may be achieved by voting down the pre- AMENDMENT NO. 8 OFFERED BY MS. BONAMICI resolution the Speaker shall, pursuant to vious question on the rule.... When the The Acting CHAIR. It is now in order clause 2(b) of rule XVIII, declare the House motion for the previous question is defeated, resolved into the Committee of the Whole control of the time passes to the Member to consider amendment No. 8 printed in House on the state of the Union for consider- who led the opposition to ordering the pre- House Report 115–20. ation of the bill (H.R. 356) to establish the vious question. That Member, because he Ms. BONAMICI. Mr. Chair, I have an National Commission on Foreign Inter- then controls the time, may offer an amend- amendment at the desk.

VerDate Sep 11 2014 04:35 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.025 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1409 The Acting CHAIR. The Clerk will regulations that should be repealed. this amendment, but, more impor- designate the amendment. The commission focuses on rules and tantly, that we do allow for the under- The text of the amendment is as fol- regulations that are out of date, no lying bill. lows: longer useful, and otherwise unneces- For those reasons, again, I urge oppo- Page 31, after line 24, add the following sary or obsolete. sition to this amendment by my col- new title (and update the table of contents As I stated yesterday, no regulations league. accordingly): should be exempt from this bill. Not all Mr. Chair, I yield back the balance of TITLE VI—EXEMPTIONS consumer protection regulations are my time. SEC. 601. EXEMPTION RELATING TO CONSUMER created equal. If the regulation is im- Ms. BONAMICI. Mr. Chair, I yield 1 PROTECTIONS FOR STUDENT LOAN portant, effective and still relevant, minute to the gentleman from Colo- BORROWERS. then let it stand. If the regulation is rado (Mr. POLIS), the ranking member The provisions of this Act do not apply to not effective, no longer valuable and of the Subcommittee on Early Child- any rule or set of rules prescribed by the hood, Elementary, and Secondary Edu- unnecessary, then why keep it around? Secretary of Education with respect to pro- cation. This amendment is just another viding consumer protections for student loan Mr. POLIS. Mr. Chair, I rise in strong borrowers. wrong-headed carve-out that will end support of Congresswoman BONAMICI’s The Acting CHAIR. Pursuant to up hurting student loan borrowers amendment. House Resolution 150, the gentlewoman more than it could possibly help them. Today, our country owes over $1.3 from Oregon (Ms. BONAMICI) and a And for those reasons, Mr. Chairman, trillion in student debt. In Colorado, Member opposed each will control 5 I urge my colleagues to oppose this the average student loan borrower minutes. amendment, and I reserve the balance owes $26,000. The Chair recognizes the gentle- of my time. Why would we want to risk abol- woman from Oregon. Ms. BONAMICI. Mr. Chair, I yield 1 ishing consumer protections for our Ms. BONAMICI. Mr. Chair, I rise minute to the gentlewoman from Cali- borrowers? today in support of the amendment to fornia (Mrs. DAVIS), the ranking mem- These are very personal numbers. protect student loan borrowers from ber of the Subcommittee on Higher The stories I hear, the burden of stu- the dangerous provisions of the SCRUB Education and Workforce Develop- dent loan debt affects people’s ability Act. ment. to own a home or buy a car. More than 40 million Americans have Mrs. DAVIS of California. Mr. Chair- A recent report from the Consumer student loan debt. Roughly one-quarter man, I rise to protect student loan bor- Financial Protection Bureau found of these borrowers are behind on their rowers. Protecting our young people that the number of student loan bor- payments either in delinquency or de- should be a priority for every single rowers over the age of 60 has quad- fault. The Federal Government has a Member of this Chamber. A major way rupled. People haven’t even paid off responsibility to protect these bor- that we are able to defend our students their loans as they enter retirement rowers and American taxpayers from is through the safeguards that are at age. unscrupulous institutions that saddle stake today. Now, the Obama administration did students with exorbitant debt in ex- These protections, like provisions take important steps to protect and change for an education of dubious which ensure students are able to find support student loan borrowers. They value. gainful employment or have recourse if made it easier for them to pay back Hardworking students, like those a school misleads them, have been in- their loans and ensured they were who attended Corinthian Colleges or tegral in the wake of unethical prac- treated fairly by student loan services. ITT Tech, could be harmed if Congress tices by certain schools. We have seen Rolling back these protections would passes a law that potentially strips the damage that schools like ITT Tech have far-reaching negative effects for them of a clear process for having their and Ashford University have done in our borrowers. I strongly support Congresswoman debt forgiven after institutions fab- districts like mine. And as a military BONAMICI’s amendment, exempting ricate job placement figures or close town, the students in San Diego are Federal protections that support con- unexpectedly. particularly vulnerable to bad actors in sumer protections for student loan bor- This bill could allow institutions like the for-profit education industry. rowers from the SCRUB Act. The last Corinthian Colleges to require pre-dis- I can tell you, Mr. Chair, I have thing we need to scrub away is protec- pute arbitration clauses, and prohibit heard from students who can’t get the tions for people to take out student class-action lawsuits—making it much degrees they need to provide a better loans. less likely that students will get the life for their families; veterans who I urge my colleagues to vote ‘‘yes.’’ justice they deserve when a school mis- write to me imploring us to protect the Ms. BONAMICI. Mr. Chairman, the represents the quality of its programs. men and women who would have spent SCRUB Act is completely unnecessary. Millions of borrowers who rely on their lives protecting us; students who Agencies can already review and repeal popular income-driven repayment write to me frustrated by this Cham- regulations that are no longer needed. plans could be left without options for ber’s insistence on deregulation for The only thing this bill does for people keeping their payments affordable. deregulation’s sake; and many more with student loan debt is give them Active-Duty servicemembers could who write letters saying, education is less certainty that their investment lose access to deferment benefits. important to us. And we believe it will be worth it. Rules banning incentive pay could be should be important to you as well. At a time when a college degree or undone, exposing student veterans and Let’s prove them right, Mr. Chair. credential is a critical tool for securing others to aggressive marketing. Let’s show that education is important a family-wage job, it makes no sense to This bill could weaken Federal pro- to us, and let’s commit to keeping key threaten to rescind rules that shield tections for millions of student loan provisions for students intact. Americans from career programs that borrowers when, instead, Congress b 1315 leave students with large debts and low should be working together to make wages. college more affordable. Mr. ROSS. Mr. Chairman, everybody I encourage all of my colleagues to I encourage my colleagues to vote wants to see gainful employment for adopt this amendment to safeguard ‘‘yes’’ on this amendment, and I re- our students, our college students espe- consumer protections for student loan serve the balance of my time. cially. borrowers. Mr. ROSS. Mr. Chair, I claim the Those institutions that have preyed Mr. Chair, I yield back the balance of time in opposition. on these students also are as a result of my time. The Acting CHAIR. The gentleman a regulatory environment that has al- The Acting CHAIR. The question is from Florida is recognized for 5 min- lowed that to happen. That same regu- on the amendment offered by the gen- utes. latory environment would be under re- tlewoman from Oregon (Ms. BONAMICI). Mr. ROSS. Mr. Chairman, as we view, under oversight by the SCRUB The question was taken; and the Act- pointed out yesterday, the SCRUB Act Act. For those reasons particularly, we ing Chair announced that the noes ap- requires the commission to identify need to make sure that we do not have peared to have it.

VerDate Sep 11 2014 01:55 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.027 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1410 CONGRESSIONAL RECORD — HOUSE March 1, 2017 Ms. BONAMICI. Mr. Chair, I demand ple, sometimes push States to report ditional funding for schools with sig- a recorded vote. on how they are serving each subgroup nificant populations of high-needs and The Acting CHAIR. Pursuant to of students. But where some local offi- at-risk students. Now, title I also pro- clause 6 of rule XVIII, further pro- cials may complain, these rules make vides important performance and eq- ceedings on the amendment offered by sure that low-income and minority uity parameters for States and dis- the gentlewoman from Oregon will be families are being counted. tricts and gives some direction about postponed. Will the commission hear the con- how States can comply with these re- AMENDMENT NO. 9 OFFERED BY MS. BONAMICI cerns of those families? quirements to support our most strug- The Acting CHAIR. It is now in order I ask my colleagues to protect vul- gling schools. to consider amendment No. 9 printed in nerable students across the country by Of course, the text of the law doesn’t House Report 115–20. supporting this amendment. do everything, which is why we rely on Ms. BONAMICI. Mr. Chair, I have an Mr. Chair, I reserve the balance of the protections that have been put in amendment at the desk. my time. place through rule. The Acting CHAIR. The Clerk will Mr. ROSS. Mr. Chair, I claim the The SCRUB Act would allow an designate the amendment. time in opposition. unelected panel to carelessly do away The text of the amendment is as fol- The Acting CHAIR. The gentleman with important civil rights protections lows: from Florida is recognized for 5 min- and transparency, the opposite of the utes. Page 31, after line 24, add the following legislative intent in the ESEA. new title (and update the table of contents Mr. ROSS. Mr. Chair, this amend- The Department of Education regu- accordingly): ment would exclude from the commis- larly goes through an extensive process TITLE VI—EXEMPTIONS sion’s review regulations under title I, for finalizing regulations, and to do part A of the Elementary and Sec- away with these protections on a whim SEC. 601. EXEMPTION RELATING TO ELEMEN- TARY AND SECONDARY EDUCATION ondary Education Act, as amended. by an unelected, all-powerful panel ACT OF 1965. ESEA provides financial assistance may somehow score political points, The provisions of this Act do not apply to to local educational agencies and but it is at the expense of students any rule or set of rules relating to title I of schools with high numbers or high per- across our country. the Elementary and Secondary Education centages of children from low-income I strongly support Representative Act of 1965 (20 U.S.C. 6301 et seq.). families to help ensure that all chil- BONAMICI’s amendment that would ex- The Acting CHAIR. Pursuant to dren meet challenging State academic empt title I from this harmful bill, and House Resolution 150, the gentlewoman standards. I urge its passage. from Oregon (Ms. BONAMICI) and a No regulation should be exempt from Mr. ROSS. Mr. Chairman, since 1965, Member opposed each will control 5 the review process, especially those when the ESEA was passed, we have minutes. regulations that impact low-income gone from chalkboards to iPads. The Chair recognizes the gentle- students across the country. It is im- Things have changed. The regulatory woman from Oregon. perative that we have smart, targeted, environment has changed. Ms. BONAMICI. Mr. Chairman, I rise cost-effective regulations that actually May I remind my colleagues that, in support of the amendment to exempt help the people that need the help. under the SCRUB Act, the bipartisan rules related to title I of the Elemen- Imposing ineffective regulations on review committee would make these tary and Secondary Education Act schools and educational agencies cost recommendations for changes in the from the misguided provisions of the taxpayers money—this must be given regulatory scheme to Congress, who SCRUB Act. the opportunity for oversight, as is would have the final say as to whether Title I is the core feature of the Ele- given under the SCRUB Act—and over- any regulations need to be changed. mentary and Secondary Education Act, burden our already exhausted edu- Again, for those reasons, Mr. Chair- a critical civil rights law that holds cators, and can cause more harm rath- man, I urge my colleagues to oppose States accountable for helping all stu- er than good. this amendment. dents succeed. Why not take a look at these regula- I yield back the balance of my time. The SCRUB Act threatens rules for tions and just consider whether they Ms. BONAMICI. Mr. Chair, I yield 1 implementing title I, which, in turn, are working? And, if they are, then minute to the gentlewoman from Cali- threatens students. For example, title I let’s leave them alone. But if not, then, fornia (Mrs. DAVIS), the ranking mem- rules clarify important accountability let’s change them there. ber of the Subcommittee on Higher requirements that we passed into law There is no reason why we should Education and Workforce Develop- just last session with strong bipartisan create, again, a special carve-out from ment. support. the commission’s consideration. For Mrs. DAVIS of California. Mr. Chair- Clear rulemaking is necessary to give those reasons, Mr. Chairman, I urge my man, I rise to suppose the ESEA title I education leaders certainty so they can colleagues to oppose this amendment. protection amendment. benefit from the law’s new flexibility Mr. Chair, I reserve the balance of We all know education, at its core, is and innovate on behalf of students. my time. a civil rights issue. We have a responsi- Title I rules also include important Ms. BONAMICI. Mr. Chairman, I bility to ensure that every student has details about the use of assessments in yield 1 minute to the gentleman from access to a world-class education, and schools. These rules were negotiated Colorado (Mr. POLIS), the ranking this is especially true for children who with broad consensus. Would the member of the Subcommittee on Early come from families with limited SCRUB Act repeal them and deny Childhood, Elementary, and Secondary means. States clarification about reducing the Education. For our working class families, a burden of testing? Mr. POLIS. Mr. Chairman, I rise in quality education can be—and actually My colleagues across the aisle may strong support of Congresswoman is—the ladder which raises an entire argue that no rule should be exempt BONAMICI’s amendment, which I am family’s prospects. The protections from the SCRUB Act and that some- also proud to cosponsor. that we are debating today ensure that how the unelected commission in the When ESEA, or the Elementary and these students and their schools are bill will identify only bad rules. I am Secondary Education Act, was first not shortchanged from the resources not so sure. The commission in the bill passed in 1965, it truly was a landmark they need in order to be successful. could create any methodology for tar- and important piece of civil rights leg- These are resources that they are enti- geting rules and, without knowing the islation. It is written with the intent tled to by law. commission’s method, it is disingen- that every student—no matter their Last year’s Every Student Succeeds uous to say that essential rules, good race, their economic background, their Act was a very successful bipartisan rules, wouldn’t be affected. ZIP Code—deserves a great education compromise, so let’s not gut the pro- Additionally, rules are rarely black in our country. tections that are crucial for its effec- and white as the majority suggests. Title I of ESEA gets at the heart of tive implementation before it is even Title I accountability rules, for exam- the civil rights spirit for providing ad- given a chance.

VerDate Sep 11 2014 04:35 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.030 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1411 A student’s ZIP Code should not de- Mr. Chairman, last night in this will still have its say; but if you read it termine the quality of his or her edu- Chamber, the President of the United carefully, you see that congressional cation. A family’s income should not States came and articulated policy authority has actually been placed in a determine their child’s career pros- areas where he said his administration straitjacket. The bill requires an up-or- pects, and a school’s location should ‘‘wants to work with Members of both down vote on the commission’s rec- not determine its resources. parties.’’ One of these was to promote ommendations as a complete omnibus Let’s come together to protect our clean air and clean water. I was happy package rather than voting on each most vulnerable students because, as to hear it because earlier in the day he proposal individually. we all know, today’s investments in signed an executive order to clear the So if you agreed with loosening some education will determine our future. way for weakening safe drinking water regulations, for example, in the Title X Ms. BONAMICI. Mr. Chair, may I in- standards through redefinition of Family Planning program, which has a quire to the remaining time, please? which small bodies of water are cov- lot of rules, but you don’t want to evis- The Acting CHAIR. The gentlewoman ered under the Clean Water Act. cerate the regulatory infrastructure from California has 1 minute remain- Now, the amendment I propose pro- under the Clean Air Act or the Clean ing. vides a chance for all of us to start Water Act, you would have to vote on Ms. BONAMICI. Mr. Chair, title I of fresh in demonstrating our seriousness the entire package at once. This makes the Elementary and Secondary Edu- about this new bipartisan commitment Congress into an embarrassing rubber cation Act is a key Federal law for ad- to protect the water we drink and the stamp for a nine-person body effec- vancing equity in our Nation’s class- air that we breathe. tively controlled by the executive rooms. The rules implementing title I The SCRUB Act proposes to create a branch. provide important details that make commission to do what Federal agen- Dear colleagues, let’s not play games sure historically underserved students cies and commissions already do, which with the health and safety of our con- have access to an equal public edu- is to review and update their rules. stituents. If this bill passes as is, rules cation. These rules are too important That is why a lot of us are deeply skep- that govern the very air we breathe to entrust to a mysterious commission. tical about spending $30 million to cre- would be subject to the SCRUB Act’s I am very proud of the work I did in ate a new roving commission to hack unelected, unaccountable, and the State legislature repealing unnec- away at rules protecting the public in- unbounded practitioners. My amend- essary education rules and statutes. We terest. ment closes a gaping and dangerous This commission would be made up of did it in a very collaborative, bipar- hole in the legislation. I ask my col- five members appointed directly by the tisan manner through existing proc- leagues to think about public health President at his discretion and four esses. That is what we should be doing, and safety first, and not the magical members by the President from con- not going through this SCRUB Act. thinking and scientifically ungrounded gressional nomination, too, from each I urge my colleagues to protect title cost-benefit analysis promised by the party. I rules, stand up for educational eq- The advocates for this legislation say SCRUB Act. uity, and support the amendment. it is not about dismantling the rules I reserve the balance of my time. Mr. ROSS. Mr. Chairman, I rise in Mr. Chair, I yield back the balance of that protect the water that our chil- opposition to the amendment. my time. dren drink or the air that our children The Acting CHAIR. The gentleman The Acting CHAIR. The question is and our grandparents breathe or the from Florida is recognized for 5 min- on the amendment offered by the gen- food that all of us eat. It is just about utes. tlewoman from Oregon (Ms. BONAMICI). getting rid of unnecessary and obsolete Mr. ROSS. Mr. Chairman, this bill, The amendment was rejected. and profligate regulations. And I take again, requires the commission to iden- AMENDMENT NO. 10 OFFERED BY MR. RASKIN them at their word that that is what it tify regulations which should be re- The Acting CHAIR. It is now in order is about. to consider amendment No. 10 printed pealed. The commission focuses on in House Report 115–20. b 1330 rules and regulations that are, again, Mr. RASKIN. Mr. Chairman, I have So let’s all agree that the new super- out-of-date, no longer necessary, no an amendment at the desk. commission that you seek to establish longer useful, or otherwise obsolete. The Acting CHAIR. The Clerk will under the SCRUB Act will not touch, Regulations promulgated under the designate the amendment. in any way, the rules adopted under the Clean Air Act need to be examined and The text of the amendment is as fol- Clean Air Act. If that is not the pur- updated just as much as any other reg- lows: pose of this legislation, to undermine ulations. Reviewing and revisiting reg- Page 31, after line 24, add the following the Clean Air Act regime, as its advo- ulations promulgated decades ago al- new title (and update the table of contents cates repeatedly insist, then there lows the opportunity to improve upon accordingly): should be no problem having us for- existing standards. TITLE VI—EXEMPTIONS malize this commitment on a bipar- According to the Competitive Enter- SEC. 601. EXEMPTION RELATING TO CLEAN AIR tisan basis. prise Institute, the Environmental Pro- ACT. Right now, the SCRUB Act does not tection Agency regulations cost the The provisions of this Act do not apply to explicitly protect clean air—or clean public $353 billion a year. Given the any rule or set of rules relating to the en- water, for that matter—from the pros- high costs associated with EPA regula- forcement of the Clean Air Act (Public Law pects of a roving bureaucratic attack. tions, excluding these regulations from 88–206; 42 U.S.C. 7401 et seq.). Thus, it exposes all of us to unneces- this review process just doesn’t make The Acting CHAIR. Pursuant to sary harm, threatening to scrub away any sense. $353 billion—more than one- House Resolution 150, the gentleman the rules that protect the air we third of a trillion dollars—needs re- from Maryland (Mr. RASKIN) and a breathe. view. Member opposed each will control 5 What will that mean for 17 million Importantly, this bill has several sig- minutes. Americans with asthma, for the mil- nificant procedural hurdles to pass be- The Chair recognizes the gentleman lions of people with lung cancer and fore any regulation would be repealed: from Maryland. other respiratory diseases, for more the commission must determine the Mr. RASKIN. Mr. Chairman, my than 30,000 people struggling with cys- regulation is no longer necessary; the amendment would protect all rules re- tic fibrosis? All of these people are po- commission must recommend repealing lating to the enforcement of the Clean tentially in danger simply because of the regulation; and, most significantly, Air Act, which are in danger now under an overblown ideological attack on Congress would need to vote to get rid H.R. 998, the SCRUB Act, which seeks regulations, which are just the rules of the regulation. No regulation would to authorize a brand new $30 million that we adopt as a constitutional de- be repealed without a vote by Congress. Presidential commission of unelected mocracy to protect ourselves from This is reinstating the authority that and unaccountable bureaucrats to wipe harm. this body has, and for these foregoing out agency rules across the whole field In answer to objections about the reasons, Mr. Chairman, I urge my col- of government. bill, the majority says that Congress leagues to oppose this amendment.

VerDate Sep 11 2014 01:55 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.032 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1412 CONGRESSIONAL RECORD — HOUSE March 1, 2017 I reserve the balance of my time. TITLE VI—EXEMPTIONS The same thing with NAHASDA, Mr. RASKIN. Mr. Chairman, I yield SEC. 601. EXEMPTION RELATING TO TRIBAL GOV- which has a lot of innovations, and I such time as he may consume to my ERNMENTS. have worked with Congressman STEVE The provisions of this Act do not apply to colleague from Maryland (Mr. CUM- PEARCE and Representative COLE and MINGS). any rule or set of rules— (1) relating to any obligation of the Fed- others. Once NAHASDA reauthoriza- Mr. CUMMINGS. Mr. Chairman, I tion becomes law, it, too, might fall support this amendment to exempt eral Government with respect to a Tribal government; or short because of this particular bill. I rules under the Clean Air Act from this (2) supporting Tribal sovereignty and self- fear that the SCRUB Act’s reckless bill. determination. rush to repeal rules based primarily According to a 2011 study by the En- The Acting CHAIR. Pursuant to only on one consideration, cost to the vironmental Protection Agency, the House Resolution 150, the gentlewoman economy, will adversely affect Native central benefits of the Clean Air Act Americans. exceed costs by a factor of more than from Wisconsin (Ms. MOORE) and a Member opposed each will control 5 How will members of this commis- 30 to 1, and the high benefits exceed sion be experts on the sovereignty and costs by 90 times. Cleaner air provides minutes. The Chair recognizes the gentle- government-to-government relation- exceptional economic benefits because ship with tribes? There is no appointee it results in the improved health and woman from Wisconsin. Ms. MOORE. Mr. Chairman, my for Native American communities on productivity of Americans and reduces amendment is very simple. It just says this commission, on the needs of native medical expenses for air pollution-re- lated health problems. that the provisions of the SCRUB Act communities, on efforts by Congress to The Clean Air Act will prevent thou- will not apply to any rule or set of promote self-determination. The bill sands of early deaths; and its air qual- rules relating to any obligation of the requires zero such knowledge and par- ity and health benefits, including the Federal Government with respect to ticipation. prevention of heart attacks and the re- tribal government or supporting tribal Additionally, simply requiring agen- duction of pulmonary diseases like sovereignty and self-determination. cies to blindly—blindly—cut regula- chronic bronchitis, will grow over Mr. Chair, the United States has a tions is just nonsensical by itself. time. unique legal and political relationship Mr. Chairman, I reserve the balance Representative RASKIN’s amendment, with Indian tribal governments, as out- of my time. which would exempt all rules that re- lined in the Constitution, treaties, Mr. ROSS. Mr. Chair, I rise in opposi- late to the Clean Air Act, is based on statutes, executive orders, and judicial tion to the amendment. common sense. Cleaner air benefits decisions. However, too often they have The Acting CHAIR. The gentleman every man, woman, and child in the been overlooked when it comes to Fed- from Florida is recognized for 5 min- country. If the Environmental Protec- eral policies that will have a direct im- utes. tion Agency is prevented or delayed pact on that relationship and that sov- Mr. ROSS. Mr. Chairman, this from promulgating new regulations re- ereignty. amendment is the prime example of lating to the Clean Water Act because My concern is that, without explicit why we need the SCRUB Act. ‘‘Federal of cost, the children of this country language, H.R. 998 would simply con- Management of Programs that Serve will pay a very heavy price. tinue this mistake, which has had dev- Tribes’’ was added to the Government I hope that all Members will under- astating consequences for our Native Accountability Office biannual high- stand the need for exempting rules that American brothers and sisters. It has risk report released earlier this month. result in cleaner air for our children been a decades-long policy of the Fed- The GAO reported: ‘‘For nearly a dec- and support this amendment. eral Government to engage Native ade, we, along with inspectors general, Mr. RASKIN. Mr. Chairman, I yield American tribes in a government-to- special commissions, and others, have back the balance of my time. government relationship that respects reported that federal agencies have in- Mr. ROSS. Mr. Chairman, this bill, their right to self-government and self- effectively administered Indian edu- when passed, does nothing to remove determination, and my amendment cation and health care programs and any regulation. What it does is exactly seeks to ensure that nothing in this inefficiently fulfilled their responsibil- what we were elected to do: provide bill will undermine those efforts. ities for managing the development of transparency and oversight over exist- My amendment would exempt rules Indian energy resources.’’ ing regulations to determine whether that will have an impact on this gov- Look, the GAO found numerous chal- they are necessary or not. For those ernment-to-government relationship lenges, including poor conditions at reasons, Mr. Chairman, I would again from the bill’s requirements. This will, schools, inadequate healthcare over- urge opposition to this amendment. of course, require agencies and this sight, and mismanagement of energy I yield back the balance of my time. commission to examine the impact on resources that limit the ability of The Acting CHAIR. The question is this special relationship in each rule tribes to create economic benefits and on the amendment offered by the gen- that they bring to the chopping block. improve the well-being of their com- tleman from Maryland (Mr. RASKIN). It makes clear that protecting the sov- munities. The question was taken; and the Act- ereignty and promoting the economic, Clearly, the Federal Government is ing Chair announced that the noes ap- political, and social self-determination not getting this right, and we need to peared to have it. for the Native American community exercise our oversight. We need more Mr. RASKIN. Mr. Chairman, I de- remains a pressing priority. attention to this issue, not less. mand a recorded vote. Now, just 2 days ago, Mr. Chairman, The Acting CHAIR. Pursuant to Exempting regulations relating to the House considered and passed a bill, clause 6 of rule XVIII, further pro- tribal governments is simply wrong. It ceedings on the amendment offered by H.R. 228, the Indian Employment, keeps in place outdated and ineffective the gentleman from Maryland will be Training and Related Services Consoli- regulations that are burdening our postponed. dation Act, to make permanent a pro- tribal governments. For these reasons, gram that allows tribes to combine up Mr. Chairman, I urge my colleagues to AMENDMENT NO. 11 OFFERED BY MS. MOORE to 13 different Federal, employment, The Acting CHAIR. It is now in order oppose this amendment. childcare, and job training funding I reserve the balance of my time. to consider amendment No. 11 printed Ms. MOORE. Mr. Chairman, this is in House Report 115–20. sources. Ms. MOORE. Mr. Chairman, I have an Of course, the sponsor of this legisla- precisely why the Members should amendment at the desk. tion, Representative DON YOUNG, a true adopt my amendment: because this is The Acting CHAIR. The Clerk will champion for Native Americans, de- an unelected commission, and the rela- designate the amendment. scribed it well. He said: ‘‘This program tionship between Native American The text of the amendment is as fol- is what tribal self-determination is all tribes is a government-to-government lows: about. Tribes understand their mem- relationship. Page 31, after line 24, add the following bers best and know how to use these If the gentleman is correct that we new title (and update the table of contents tools for creating expanding job oppor- need to review regulations and change accordingly): tunities in their communities.’’ them, then that is something that

VerDate Sep 11 2014 01:55 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.035 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1413 needs to happen with Native Americans bill any rule that protects whistle- We are happy to champion this amendment seated at the table. As my good friend blowers or that imposes penalties on and hope it will receive the bipartisan sup- LINDA SA´ NCHEZ often points out, when individuals who retaliate against whis- port it deserves. you are not at the table, you are defi- tleblowers. This bill would jeopardize Sincerely, DANIELLE BRIAN, nitely on the menu. all agency rulemakings—no matter Executive Director. History has shown that failure by the how important—even rules that pro- Mr. CUMMINGS. Let me say that Federal Government to consider the tect whistleblowers. whistleblowers have played a very sig- impact on tribal communities and to The Department of Energy issued a nificant role in our committee, the include their voices in Federal deci- ruling in December that would author- Oversight and Government Reform sions has often left undesirable and ize the department to impose civil pen- Committee. As a matter of fact, many devastating policy. Such consideration alties on Federal nuclear contractors of the reforms that have come have is disrespectful of their sovereignty who retaliate against whistleblowers come because people were bold enough and disrespectful of our Constitution. who report information concerning nu- to stand up and come forward and pro- Such consideration is a critical need clear safety. On January 31, 2017, DOE vide information that we would not for us to create and maintain a strong put a moratorium on that rule in re- have gotten. One of the things, Mr. and productive Federal-tribal relation- sponse to President Trump’s mandated Chairman, that we have said over and ship. I urge my colleagues to support freeze on rulemakings. over again on a bipartisan basis is that my amendment. This is exactly the kind of rule that we will protect whistleblowers. Mr. Chairman, I yield back the bal- could become a casualty of this bill. Mr. Chairman, I reserve the balance ance of my time. We must ensure that agencies can issue of my time. Mr. ROSS. Mr. Chairman, the regula- rules that protect individuals who blow Mr. ROSS. Mr. Chairman, I rise in tions that we are talking about in the the whistle on waste, fraud, and abuse, opposition to the amendment. GAO report that are so ineffective, as well as safety issues that can be a The Acting CHAIR. The gentleman that have been a failure, are those reg- matter of life and death. from Florida is recognized for 5 min- ulations that have been imposed by utes. unelectable bureaucrats in the bu- Mr. Chairman, I include in the Mr. ROSS. Mr. Chairman, let me reaucracy that we are trying to reach RECORD a letter from the Project on begin by saying that my colleague back and gain not only oversight, but Government Oversight supporting my from Maryland, the ranking member of transparency as well. The SCRUB Act amendment. That letter states: ‘‘Whis- the full committee, has been and con- needs to be there for that particular tleblowers are the first and best line of tinues to be probably one of the strong- purpose, and, for those reasons, this defense against significant problems on est advocates for whistleblower protec- amendment should be opposed. federal projects and must be protected tions, and I thank him and laud him I yield back the balance of my time. from retribution for the act of report- for that. But I must disagree with him The Acting CHAIR. The question is ing wrongdoing. Regulations to protect in regard to this amendment. on the amendment offered by the gen- those whistleblowers should be exempt No one regulation is the perfect and tlewoman from Wisconsin (Ms. MOORE). from the SCRUB Act 2017.’’ ideal regulation that will last into per- The question was taken; and the Act- PROJECT ON petuity. All regulations need to be re- ing Chair announced that the noes ap- GOVERNMENT OVERSIGHT, viewed, and that is what this rule does. peared to have it. Washington, DC, February 28, 2017. The commission focuses on rules and Hon. PAUL RYAN, Ms. MOORE. Mr. Chairman, I demand Speaker of the House, House of Representatives, regulations that are out of date, no a recorded vote. Washington DC. longer useful, and are otherwise unnec- The Acting CHAIR. Pursuant to Hon. NANCY PELOSI, essary or obsolete. clause 6 of rule XVIII, further pro- Minority Leader, House of Representatives, Regulations that were promulgated ceedings on the amendment offered by Washington DC. with the original intent of protecting the gentlewoman from Wisconsin will DEAR SPEAKER RYAN AND MINORITY LEADER whistleblowers need updating and con- be postponed. PELOSI: On behalf of the Project On Govern- sideration as much as any other regu- ment Oversight (POGO), I would like to voice lation does. Reviewing and revisiting b 1345 my support for the whistleblower protection regulations promulgated decades ago AMENDMENT NO. 12 OFFERED BY MR. CUMMINGS amendment to the Searching for and Cutting creates the opportunity to improve The Acting CHAIR. It is now in order Regulations that are Unnecessarily Burden- upon existing standards. some Act of 2017 (SCRUB Act) introduced by to consider amendment No. 12 printed Excluding whistleblower regulations Ranking Member ELIJAH CUMMINGS of the in House Report 115–20. House Oversight and Government Reform from this exercise means that whistle- Mr. CUMMINGS. Mr. Chairman, I Committee. blowers would lose out on the chance have an amendment at the desk. POGO is an independent nonprofit that to streamline regulations and reduce The Acting CHAIR. The Clerk will has, for 35 years, investigated and exposed burdens that might be harming whis- designate the amendment. corruption and misconduct in order to tleblowers. In fact, this process could The text of the amendment is as fol- achieve a more accountable federal govern- actually help protect whistleblowers in lows: ment. As such, our organization is deeply its oversight and transparency. Page 31, after line 24, add the following committed to protecting whistleblowers Importantly, this bill has several sig- new title (and update the table of contents within the federal government and its con- nificant procedural hurdles to pass be- accordingly): tractors. This amendment will explicitly fore any regulation would be repealed. protect any agency-promulgated regulations TITLE VI—EXEMPTIONS that protect whistleblowers or that lay out The commission must determine that SEC. 601. EXEMPTION RELATING TO PROTEC- penalties for those who retaliate against the regulation is no longer necessary; TIONS FOR WHISTLEBLOWERS. whistleblowers from being targeted as ‘‘un- the commission would then recommend The provisions of this Act do not apply to necessarily burdensome’’ under the SCRUB repealing the regulation; and, again, any rule or set of rules relating to— Act. most significantly, Congress would (1) protections for whistleblowers; or These regulations, like a Department of need to vote on the regulation in order (2) penalties for retaliation against whis- Energy (DOE) rule that would have allowed to get rid of it. tleblowers. the Department to impose civil penalties Again, for these reasons, I urge my The Acting CHAIR. Pursuant to against contractors who retaliate against colleagues to oppose this amendment. House Resolution 150, the gentleman whistleblowers, are already being disrupted Mr. Chairman, I reserve the balance from Maryland (Mr. CUMMINGS) and a by the current regulatory freeze. Whistle- of my time. Member opposed each will control 5 blowers are the first and best line of defense Mr. CUMMINGS. Mr. Chairman, may minutes. against significant problems on federal projects and must be protected from retribu- I inquire how much time I have re- The Chair recognizes the gentleman tion for the act of reporting wrongdoing. maining? from Maryland. Regulations to protect those whistleblowers The Acting CHAIR. The gentleman Mr. CUMMINGS. Mr. Chairman, my should be exempt from the SCRUB Act of from Maryland has 21⁄2 minutes remain- amendment would exempt from this 2017. ing.

VerDate Sep 11 2014 01:55 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.037 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1414 CONGRESSIONAL RECORD — HOUSE March 1, 2017 Mr. CUMMINGS. Let me say this, The Acting CHAIR. Pursuant to Meng Rice (NY) Speier Mr. Chairman, I have, as the ranking clause 6 of rule XVIII, further pro- Moore Richmond Suozzi Moulton Rosen Swalwell (CA) member of our committee, had many ceedings on the amendment offered by Murphy (FL) Roybal-Allard Takano opportunities to sit and listen to whis- the gentleman from Maryland will be Nadler Ruiz Thompson (CA) tleblowers who were shaking in their postponed. Napolitano Ruppersberger Thompson (MS) Neal Rush Titus shoes. They were worried. But there ANNOUNCEMENT BY THE ACTING CHAIR Nolan Ryan (OH) Tonko ´ was something that they wanted to do The Acting CHAIR. Pursuant to Norcross Sanchez Torres O’Halleran Sarbanes that was far more important to them Tsongas clause 6 of rule XVIII, proceedings will O’Rourke Schakowsky than just that moment. They were try- Vargas now resume on those amendments Pallone Schiff ing to make sure that they did the printed in House Report 115–20 on Panetta Schneider Veasey right thing, and they brought it to the Pascrell Schrader Vela which further proceedings were post- Vela´ zquez attention of people that they thought Payne Scott (VA) poned, in the following order: Pelosi Scott, David Visclosky would listen to them and would do Amendment No. 8 by Ms. BONAMICI of Perlmutter Serrano Walz something about their concerns when Oregon. Peters Sewell (AL) Wasserman Peterson Shea-Porter Schultz they felt they had got to the point Amendment No. 10 by Mr. RASKIN of where, in many instances, they felt Pingree Sherman Waters, Maxine Maryland. Pocan Sinema Watson Coleman that they had nobody to go to. Amendment No. 11 by Ms. MOORE of Polis Sires Welch This administration has been very in- Wisconsin. Price (NC) Slaughter Wilson (FL) teresting. If there is any time that we Quigley Smith (WA) Yarmuth Amendment No. 12 by Mr. CUMMINGS need to be protecting whistleblowers, it Raskin Soto of Maryland. is right now because there are so many The Chair will reduce to 2 minutes NOES—235 people in our government who feel that the minimum time for any electronic Abraham Franks (AZ) McMorris they are under threat. They see things vote after the first vote in this series. Aderholt Frelinghuysen Rodgers changing, and many of them are in Allen Gaetz McSally fear. AMENDMENT NO. 8 OFFERED BY MS. BONAMICI Amash Gallagher Meadows The Acting CHAIR. The unfinished Arrington Garrett Meehan I appreciate what the gentleman Babin Gibbs Messer said, but I don’t care how you look at business is the demand for a recorded Bacon Gohmert Mitchell this. If somebody has the nerve to vote on the amendment offered by the Banks (IN) Goodlatte Moolenaar come up and say, I want my govern- gentlewoman from Oregon (Ms. Barletta Gosar Mooney (WV) BONAMICI) on which further proceedings Barr Gowdy Mullin ment to be better—some people have Barton Granger Murphy (PA) told me, I want to preserve my democ- were postponed and on which the noes Bergman Graves (GA) Newhouse racy. I want it to be a democracy for prevailed by voice vote. Biggs Graves (LA) Noem The Clerk will redesignate the Bilirakis Graves (MO) Nunes my children so they can have the de- Bishop (MI) Griffith Olson mocracy that I had when I was born— amendment. Bishop (UT) Grothman Palazzo and they have the nerve to come up, The Clerk redesignated the amend- Black Guthrie Palmer then we have to do everything in our ment. Blackburn Harper Paulsen Blum Harris Pearce power. We have to send that message, RECORDED VOTE Bost Hartzler Perry and the message needs to come from The Acting CHAIR. A recorded vote Brady (TX) Hensarling Pittenger here. It may not come from the White has been demanded. Brat Herrera Beutler Poe (TX) Bridenstine Hice, Jody B. Poliquin House, but it has got to come from A recorded vote was ordered. Brooks (AL) Higgins (LA) Posey here. The vote was taken by electronic de- Brooks (IN) Hill Ratcliffe That is why this concerns me so vice, and there were—ayes 191, noes 235, Buchanan Holding Reed much. Any message other than that Buck Hollingsworth Reichert not voting 3, as follows: Bucshon Huizenga Renacci says to those people that they have got [Roll No. 109] Budd Hultgren Rice (SC) to keep hiding, they have got to keep Burgess Hunter Roby AYES—191 shaking in their boots, and they have Byrne Hurd Roe (TN) Adams Cummings Jayapal Calvert Issa Rogers (AL) got to keep silent when, deep in their Aguilar Davis (CA) Jeffries Carter (GA) Jenkins (KS) Rogers (KY) souls, they want to make a difference. Barraga´ n Davis, Danny Johnson (GA) Carter (TX) Jenkins (WV) Rohrabacher We are better than that. Bass DeFazio Johnson, E. B. Chabot Johnson (LA) Rokita Mr. Chairman, I yield back the bal- Beatty DeGette Kaptur Chaffetz Johnson (OH) Rooney, Francis Bera Delaney Keating Cheney Johnson, Sam Rooney, Thomas ance of my time. Beyer DeLauro Kelly (IL) Coffman Jones J. Mr. ROSS. Mr. Chairman, again, Bishop (GA) DelBene Kennedy Cole Jordan Ros-Lehtinen nothing in the SCRUB Act does any- Blumenauer Demings Khanna Collins (GA) Joyce (OH) Roskam thing to remove any of the protections Blunt Rochester DeSaulnier Kihuen Collins (NY) Katko Ross Bonamici Deutch Kildee Comer Kelly (MS) Rothfus that already exist for whistleblowers. Boyle, Brendan Dingell Kilmer Comstock Kelly (PA) Rouzer This essentially makes it open for re- F. Doggett Kind Conaway King (IA) Royce (CA) view, but, more importantly, as I agree Brady (PA) Doyle, Michael Krishnamoorthi Cook King (NY) Russell with my colleague from Maryland, we Brown (MD) F. Kuster (NH) Costa Kinzinger Rutherford Brownley (CA) Ellison Langevin Costello (PA) Knight Sanford need to protect the whistleblowers. Bustos Engel Larsen (WA) Cramer Kustoff (TN) Scalise And if it be the focus of Congress to do Butterfield Eshoo Larson (CT) Crawford Labrador Schweikert just that, then we must, irrespective of Capuano Espaillat Lawrence Culberson LaHood Scott, Austin Carbajal Esty Lawson (FL) Curbelo (FL) LaMalfa Sensenbrenner the SCRUB Act, focus on strengthening Ca´ rdenas Evans Lee Davidson Lamborn Sessions those laws that protect our whistle- Carson (IN) Foster Levin Davis, Rodney Lance Shimkus blowers to make our government run Cartwright Frankel (FL) Lewis (GA) Denham Latta Shuster more transparently, more effectively, Castor (FL) Fudge Lieu, Ted Dent Lewis (MN) Simpson Castro (TX) Gabbard Lipinski DeSantis LoBiondo Smith (MO) and more efficiently. Chu, Judy Gallego Loebsack DesJarlais Long Smith (NE) Again, I urge my colleagues to op- Cicilline Garamendi Lofgren Diaz-Balart Loudermilk Smith (NJ) pose this amendment. Clark (MA) Gonzalez (TX) Lowenthal Donovan Love Smith (TX) Clarke (NY) Gottheimer Lowey Duffy Lucas Smucker Mr. Chairman, I yield back the bal- Clay Green, Al Lujan Grisham, Duncan (SC) Luetkemeyer Stefanik ance of my time. Cleaver Green, Gene M. Duncan (TN) MacArthur Stewart The Acting CHAIR. The question is Clyburn Grijalva Luja´ n, Ben Ray Dunn Marchant Stivers on the amendment offered by the gen- Cohen Gutie´rrez Lynch Emmer Marino Taylor Connolly Hanabusa Maloney, Farenthold Marshall Tenney tleman from Maryland (Mr. CUMMINGS). Conyers Hastings Carolyn B. Faso Massie Thompson (PA) The question was taken; and the Act- Cooper Heck Maloney, Sean Ferguson Mast Thornberry ing Chair announced that the noes ap- Correa Higgins (NY) Matsui Fitzpatrick McCarthy Tiberi peared to have it. Courtney Himes McCollum Fleischmann McCaul Tipton Crist Hoyer McEachin Flores McClintock Trott Mr. CUMMINGS. Mr. Chairman, I de- Crowley Huffman McGovern Fortenberry McHenry Turner mand a recorded vote. Cuellar Jackson Lee Meeks Foxx McKinley Upton

VerDate Sep 11 2014 01:55 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.041 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1415 Valadao Weber (TX) Womack Matsui Price (NC) Smith (WA) Wagner Webster (FL) Woodall Wagner Webster (FL) Woodall McCollum Quigley Soto Walberg Wenstrup Yoder Walberg Wenstrup Yoder McEachin Raskin Speier Walden Westerman Yoho Walden Westerman Yoho McGovern Rice (NY) Suozzi Walker Williams Young (AK) Walker Williams Young (AK) McNerney Richmond Swalwell (CA) Walorski Wilson (SC) Young (IA) Walorski Wilson (SC) Young (IA) Meeks Ros-Lehtinen Takano Walters, Mimi Wittman Zeldin Walters, Mimi Wittman Zeldin Meng Rosen Thompson (CA) Weber (TX) Womack Moore Roybal-Allard NOT VOTING—3 Thompson (MS) NOT VOTING—9 Moulton Ruiz Titus Amodei Hudson McNerney Murphy (FL) Ruppersberger Tonko Collins (NY) McCaul Stivers Nadler Ryan (OH) Torres Cuellar Pelosi Tiberi Napolitano Sa´ nchez Tsongas Hudson Rush Trott b 1419 Neal Sarbanes Vargas Messrs. FERGUSON, PAULSEN, Nolan Schakowsky ANNOUNCEMENT BY THE ACTING CHAIR Norcross Schiff Veasey The Acting CHAIR (during the vote). YOUNG of Iowa, MARSHALL, POE of O’Halleran Schneider Vela ´ There is 1 minute remaining. Texas, BILIRAKIS, JENKINS of West O’Rourke Schrader Velazquez Virginia, MULLIN, THOMPSON of Pallone Scott (VA) Visclosky Walz b 1427 Pennsylvania, RODNEY DAVIS of Illi- Panetta Scott, David Pascrell Serrano Wasserman So the amendment was rejected. nois, and DUFFY changed their vote Schultz Payne Sewell (AL) The result of the vote was announced from ‘‘aye’’ to ‘‘no.’’ Perlmutter Shea-Porter Waters, Maxine as above recorded. Messrs. PETERS, GALLEGO, and Peters Sherman Watson Coleman Pingree Sinema Welch AMENDMENT NO. 11 OFFERED BY MS. MOORE SUOZZI changed their vote from ‘‘no’’ Pocan Sires Wilson (FL) to ‘‘aye.’’ Polis Slaughter Yarmuth The Acting CHAIR. The unfinished So the amendment was rejected. business is the demand for a recorded The result of the vote was announced NOES—231 vote on the amendment offered by the as above recorded. Abraham Foxx McKinley gentlewoman from Wisconsin (Ms. Aderholt Franks (AZ) McMorris OORE AMENDMENT NO. 10 OFFERED BY MR. RASKIN M ) on which further proceedings Allen Frelinghuysen Rodgers were postponed and on which the noes The Acting CHAIR. The unfinished Amash Gaetz McSally prevailed by voice vote. business is the demand for a recorded Amodei Gallagher Meadows Arrington Garrett Meehan The Clerk will redesignate the vote on the amendment offered by the Babin Gibbs Messer amendment. gentleman from Maryland (Mr. RASKIN) Bacon Gohmert Mitchell The Clerk redesignated the amend- on which further proceedings were Banks (IN) Goodlatte Moolenaar ment. postponed and on which the noes pre- Barletta Gosar Mooney (WV) Barr Gowdy Mullin RECORDED VOTE vailed by voice vote. Barton Granger Murphy (PA) The Clerk will redesignate the Bergman Graves (GA) Newhouse The Acting CHAIR. A recorded vote amendment. Biggs Graves (LA) Noem has been demanded. Bilirakis Graves (MO) Nunes A recorded vote was ordered. The Clerk redesignated the amend- Bishop (MI) Griffith Olson ment. Bishop (UT) Grothman Palazzo The Acting CHAIR. This will be a 2- RECORDED VOTE Black Guthrie Palmer minute vote. Blackburn Harper Paulsen The vote was taken by electronic de- The Acting CHAIR. A recorded vote Blum Harris Pearce vice, and there were—ayes 197, noes 229, has been demanded. Bost Hartzler Perry not voting 3, as follows: A recorded vote was ordered. Brady (TX) Hensarling Peterson Brat Herrera Beutler Pittenger [Roll No. 111] The Acting CHAIR. This will be a 2- Bridenstine Hice, Jody B. Poe (TX) minute vote. Brooks (AL) Higgins (LA) Poliquin AYES—197 The vote was taken by electronic de- Brooks (IN) Hill Posey Adams DeFazio Kelly (IL) vice, and there were—ayes 189, noes 231, Buchanan Holding Ratcliffe Aguilar DeGette Kennedy Buck Hollingsworth Reed Barraga´ n Delaney Khanna not voting 9, as follows: Bucshon Huizenga Reichert Bass DeLauro Kihuen [Roll No. 110] Budd Hultgren Renacci Beatty DelBene Kildee Burgess Hunter Rice (SC) Bera Demings Kilmer AYES—189 Byrne Hurd Roby Beyer DeSaulnier Kind Adams Crowley Hoyer Calvert Issa Roe (TN) Bishop (GA) Deutch Krishnamoorthi Aguilar Cummings Huffman Carter (GA) Jenkins (KS) Rogers (AL) Blumenauer Dingell Kuster (NH) Barraga´ n Davis (CA) Jackson Lee Carter (TX) Jenkins (WV) Rogers (KY) Blunt Rochester Doggett Langevin Bass Davis, Danny Jayapal Chabot Johnson (LA) Rohrabacher Bonamici Doyle, Michael Larsen (WA) Beatty DeFazio Jeffries Chaffetz Johnson (OH) Rokita Boyle, Brendan F. Larson (CT) Bera DeGette Johnson (GA) Cheney Johnson, Sam Rooney, Francis F. Ellison Lawrence Beyer Delaney Johnson, E. B. Coffman Jones Rooney, Thomas Brady (PA) Engel Lawson (FL) Bishop (GA) DeLauro Kaptur Cole Jordan J. Brown (MD) Eshoo Lee Blumenauer DelBene Keating Collins (GA) Joyce (OH) Roskam Brownley (CA) Espaillat Levin Blunt Rochester Demings Kelly (IL) Comer Katko Ross Bustos Esty Lewis (GA) Bonamici DeSaulnier Kennedy Comstock Kelly (MS) Rothfus Butterfield Evans Lieu, Ted Boyle, Brendan Deutch Khanna Conaway Kelly (PA) Rouzer Capuano Foster Lipinski F. Dingell Kihuen Cook King (IA) Royce (CA) Carbajal Frankel (FL) Loebsack Brady (PA) Doggett Kildee Costa King (NY) Russell Ca´ rdenas Fudge Lofgren Brown (MD) Doyle, Michael Kilmer Costello (PA) Kinzinger Rutherford Carson (IN) Gabbard Lowenthal Brownley (CA) F. Kind Cramer Knight Sanford Cartwright Gallego Lowey Bustos Ellison Krishnamoorthi Crawford Kustoff (TN) Scalise Castor (FL) Garamendi Lucas Butterfield Engel Kuster (NH) Culberson Labrador Schweikert Castro (TX) Gonzalez (TX) Lujan Grisham, Capuano Eshoo Langevin Curbelo (FL) LaHood Scott, Austin Chu, Judy Gottheimer M. Carbajal Espaillat Larsen (WA) Davidson LaMalfa Sensenbrenner Cicilline Green, Al Luja´ n, Ben Ray Ca´ rdenas Esty Larson (CT) Davis, Rodney Lamborn Sessions Clark (MA) Green, Gene Lynch Carson (IN) Evans Lawrence Denham Lance Shimkus Clarke (NY) Grijalva Maloney, Cartwright Foster Lawson (FL) Dent Latta Shuster Clay Gutie´rrez Carolyn B. Castor (FL) Frankel (FL) Lee DeSantis Lewis (MN) Simpson Cleaver Hanabusa Maloney, Sean Castro (TX) Fudge Levin DesJarlais LoBiondo Smith (MO) Clyburn Hastings Matsui Chu, Judy Gabbard Lewis (GA) Diaz-Balart Long Smith (NE) Cohen Heck McCollum Cicilline Gallego Lieu, Ted Donovan Loudermilk Smith (NJ) Cole Higgins (NY) McEachin Clark (MA) Garamendi Lipinski Duffy Love Smith (TX) Connolly Himes McGovern Clarke (NY) Gonzalez (TX) Loebsack Duncan (SC) Lucas Smucker Conyers Hoyer McNerney Clay Gottheimer Lofgren Duncan (TN) Luetkemeyer Stefanik Cooper Huffman Meeks Cleaver Green, Al Lowenthal Dunn MacArthur Stewart Correa Hurd Meng Clyburn Green, Gene Lowey Emmer Marchant Taylor Costa Jackson Lee Moore Cohen Grijalva Lujan Grisham, Farenthold Marino Tenney Courtney Jayapal Moulton Connolly Gutie´rrez M. Faso Marshall Thompson (PA) Crist Jeffries Mullin Conyers Hanabusa Luja´ n, Ben Ray Ferguson Massie Thornberry Crowley Johnson (GA) Murphy (FL) Cooper Hastings Lynch Fitzpatrick Mast Tipton Cuellar Johnson, E. B. Nadler Correa Heck Maloney, Fleischmann McCarthy Turner Cummings Jones Napolitano Courtney Higgins (NY) Carolyn B. Flores McClintock Upton Davis (CA) Kaptur Neal Crist Himes Maloney, Sean Fortenberry McHenry Valadao Davis, Danny Keating Nolan

VerDate Sep 11 2014 01:55 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.015 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1416 CONGRESSIONAL RECORD — HOUSE March 1, 2017 Norcross Rush Thompson (CA) Womack Yoder Young (IA) Rosen Sherman Vargas O’Halleran Ryan (OH) Thompson (MS) Woodall Yoho Zeldin Roybal-Allard Sinema Veasey O’Rourke Sa´ nchez Titus Ruiz Sires Vela NOT VOTING—3 Pallone Sarbanes Tonko Ruppersberger Slaughter Vela´ zquez Panetta Schakowsky Torres Hudson Pelosi Scott, David Rush Smith (WA) Visclosky Pascrell Schiff Tsongas Ryan (OH) Soto Walz ANNOUNCEMENT BY THE ACTING CHAIR Payne Schneider Vargas Sa´ nchez Speier Wasserman Perlmutter Schrader Veasey The Acting CHAIR (Mr. COLLINS of Sarbanes Suozzi Schultz Peters Scott (VA) Vela Georgia) (during the vote). There is 1 Schakowsky Swalwell (CA) Waters, Maxine Peterson Serrano Vela´ zquez Schiff Takano Watson Coleman Pingree Sewell (AL) minute remaining. Visclosky Schneider Thompson (CA) Welch Pocan Shea-Porter Walz Schrader Thompson (MS) Wilson (FL) Polis Sherman 1432 Price (NC) Sinema Wasserman b Scott (VA) Titus Yarmuth Quigley Sires Schultz So the amendment was rejected. Serrano Tonko Young (IA) Waters, Maxine Sewell (AL) Torres Raskin Slaughter The result of the vote was announced Rice (NY) Smith (WA) Watson Coleman Shea-Porter Tsongas Richmond Soto Welch as above recorded. Rosen Speier Wilson (FL) AMENDMENT NO. 12 OFFERED BY MR. CUMMINGS NOES—231 Roybal-Allard Suozzi Yarmuth Abraham Goodlatte Palazzo Ruiz Swalwell (CA) Young (AK) The Acting CHAIR. The unfinished Aderholt Gosar Palmer Ruppersberger Takano business is the demand for a recorded vote on the amendment offered by the Allen Gowdy Paulsen NOES—229 Amash Granger Pearce gentleman from Maryland (Mr. CUM- Amodei Graves (GA) Perry Abraham Garrett Newhouse MINGS) on which further proceedings Arrington Graves (LA) Pittenger Aderholt Gibbs Noem were postponed and on which the noes Babin Graves (MO) Poe (TX) Allen Gohmert Nunes prevailed by voice vote. Bacon Griffith Poliquin Amash Goodlatte Olson Banks (IN) Grothman Posey Amodei Gosar Palazzo The Clerk will redesignate the Barletta Guthrie Ratcliffe Arrington Gowdy Palmer amendment. Barr Harper Reed Babin Granger Paulsen Barton Harris Reichert Bacon Graves (GA) Pearce The Clerk redesignated the amend- Bergman Hartzler Renacci Banks (IN) Graves (LA) Perry ment. Biggs Hensarling Rice (SC) Barletta Graves (MO) Pittenger RECORDED VOTE Barr Griffith Poe (TX) Bilirakis Herrera Beutler Roby Barton Grothman Poliquin The Acting CHAIR. A recorded vote Bishop (MI) Hice, Jody B. Roe (TN) Bergman Guthrie Posey has been demanded. Bishop (UT) Higgins (LA) Rogers (AL) Biggs Harper Ratcliffe A recorded vote was ordered. Black Hill Rogers (KY) Bilirakis Harris Reed Blackburn Holding Rohrabacher Bishop (MI) Hartzler Reichert The Acting CHAIR. This is a 2- Blum Hollingsworth Rokita Bishop (UT) Hensarling Renacci minute vote. Bost Huizenga Rooney, Francis Black Herrera Beutler Rice (SC) The vote was taken by electronic de- Brady (TX) Hultgren Rooney, Thomas Blackburn Hice, Jody B. Roby vice, and there were—ayes 194, noes 231, Brat Hunter J. Blum Higgins (LA) Roe (TN) Bridenstine Hurd Ros-Lehtinen Bost Hill Rogers (AL) not voting 4, as follows: Brooks (AL) Issa Roskam Brady (TX) Holding Rogers (KY) [Roll No. 112] Brooks (IN) Jenkins (KS) Ross Brat Hollingsworth Rohrabacher AYES—194 Buchanan Jenkins (WV) Rothfus Bridenstine Huizenga Rokita Buck Johnson (LA) Rouzer Brooks (AL) Hultgren Rooney, Francis Adams DeSaulnier Larson (CT) Bucshon Johnson (OH) Royce (CA) Brooks (IN) Hunter Rooney, Thomas Aguilar Deutch Lawrence Budd Johnson, Sam Russell Buchanan Issa J. Barraga´ n Dingell Lawson (FL) Burgess Jordan Rutherford Buck Jenkins (KS) Ros-Lehtinen Bass Doggett Lee Byrne Joyce (OH) Sanford Bucshon Jenkins (WV) Roskam Beatty Doyle, Michael Levin Budd Johnson (LA) Ross Bera F. Lewis (GA) Calvert Katko Scalise Burgess Johnson (OH) Rothfus Beyer Ellison Lieu, Ted Carter (GA) Kelly (MS) Schweikert Byrne Johnson, Sam Rouzer Bishop (GA) Engel Lipinski Carter (TX) Kelly (PA) Scott, Austin Calvert Jordan Royce (CA) Blumenauer Eshoo LoBiondo Chabot King (IA) Sensenbrenner Carter (GA) Joyce (OH) Russell Blunt Rochester Espaillat Loebsack Chaffetz King (NY) Sessions Carter (TX) Katko Rutherford Bonamici Esty Lofgren Cheney Kinzinger Shimkus Chabot Kelly (MS) Sanford Boyle, Brendan Evans Lowey Coffman Knight Shuster Chaffetz Kelly (PA) Scalise F. Fitzpatrick Lujan Grisham, Cole Kustoff (TN) Simpson Cheney King (IA) Schweikert Brady (PA) Foster M. Collins (GA) Labrador Smith (MO) Coffman King (NY) Scott, Austin Brown (MD) Frankel (FL) Luja´ n, Ben Ray Collins (NY) LaHood Smith (NE) Collins (GA) Kinzinger Sensenbrenner Brownley (CA) Fudge Lynch Comer LaMalfa Smith (NJ) Collins (NY) Knight Sessions Bustos Gabbard Maloney, Comstock Lamborn Smith (TX) Comer Kustoff (TN) Shimkus Butterfield Gallego Carolyn B. Conaway Lance Smucker Comstock Labrador Shuster Capuano Garamendi Maloney, Sean Cook Latta Stefanik Conaway LaHood Simpson Carbajal Gonzalez (TX) Matsui Costello (PA) Lewis (MN) Stewart Cook LaMalfa Smith (MO) Ca´ rdenas Gottheimer McCollum Cramer Long Stivers Costello (PA) Lamborn Smith (NE) Carson (IN) Green, Al McEachin Crawford Loudermilk Taylor Cramer Lance Smith (NJ) Cartwright Green, Gene McGovern Crawford Latta Smith (TX) Castor (FL) Grijalva McNerney Culberson Love Tenney Culberson Lewis (MN) Smucker Castro (TX) Gutie´rrez Meeks Curbelo (FL) Lucas Thompson (PA) Curbelo (FL) LoBiondo Stefanik Chu, Judy Hanabusa Meng Davidson Luetkemeyer Thornberry Davidson Long Stewart Cicilline Hastings Moore Davis, Rodney MacArthur Tiberi Davis, Rodney Loudermilk Stivers Clark (MA) Heck Moulton Denham Marchant Tipton Denham Love Taylor Clarke (NY) Higgins (NY) Murphy (FL) Dent Marino Trott Dent Luetkemeyer Tenney Clay Himes Nadler DeSantis Marshall Turner DeSantis MacArthur Thompson (PA) Cleaver Hoyer Napolitano DesJarlais Massie Upton DesJarlais Marchant Thornberry Clyburn Huffman Neal Diaz-Balart Mast Valadao Diaz-Balart Marino Tiberi Cohen Jackson Lee Nolan Donovan McCarthy Wagner Donovan Marshall Tipton Connolly Jayapal Norcross Duffy McCaul Walberg Duffy Massie Trott Conyers Jeffries O’Halleran Duncan (SC) McClintock Walden Duncan (SC) Mast Turner Cooper Johnson (GA) O’Rourke Duncan (TN) McHenry Walker Duncan (TN) McCarthy Upton Correa Johnson, E. B. Pallone Dunn McKinley Walorski Dunn McCaul Valadao Costa Jones Panetta Emmer McMorris Walters, Mimi Emmer McClintock Wagner Courtney Kaptur Pascrell Farenthold Rodgers Weber (TX) Farenthold McHenry Walberg Crist Keating Payne Faso McSally Webster (FL) Faso McKinley Walden Crowley Kelly (IL) Perlmutter Ferguson Meadows Wenstrup Ferguson McMorris Walker Cuellar Kennedy Peters Meehan Fitzpatrick Rodgers Walorski Cummings Khanna Peterson Fleischmann Westerman Fleischmann McSally Walters, Mimi Davis (CA) Kihuen Pingree Flores Messer Williams Flores Meadows Weber (TX) Davis, Danny Kildee Pocan Fortenberry Mitchell Wilson (SC) Fortenberry Meehan Webster (FL) DeFazio Kilmer Polis Foxx Moolenaar Wittman Foxx Messer Wenstrup DeGette Kind Price (NC) Franks (AZ) Mooney (WV) Womack Franks (AZ) Mitchell Westerman Delaney Krishnamoorthi Quigley Frelinghuysen Mullin Woodall Frelinghuysen Moolenaar Williams DeLauro Kuster (NH) Raskin Gaetz Murphy (PA) Yoder Gaetz Mooney (WV) Wilson (SC) DelBene Langevin Rice (NY) Gallagher Newhouse Yoho Gallagher Murphy (PA) Wittman Demings Larsen (WA) Richmond Garrett Noem Young (AK) Gibbs Nunes Zeldin Gohmert Olson

VerDate Sep 11 2014 01:55 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.017 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1417 NOT VOTING—4 not kill the bill or send it back to the ciples or their party. On the contrary, Hudson Pelosi committee. If adopted, the bill will im- I think it strengthens all of our prin- Lowenthal Scott, David mediately proceed to final passage, as ciples and it strengthens our parties by ANNOUNCEMENT BY THE ACTING CHAIR amended. building public confidence in the polit- The Acting CHAIR (during the vote). The purpose of this amendment is ical system as a whole. It makes sure There is 1 minute remaining. simply to carve out from the provisions we can keep draining the swamp, as the of the legislation any rules that we President of the United States said in b 1436 have adopted in order to prevent con- this Chamber last night. So the amendment was rejected. flicts of interest and in order to pro- My amendment states very simply The result of the vote was announced mote financial transparency and dis- that the Commission may not target as above recorded. closure by executive branch employees. for destruction any rules relating to The Acting CHAIR (Mr. Mr. Speaker, since I became a Mem- any law governing a potential conflict FLEISCHMANN). There being no further ber of the House in January and joined of interest of an employee or officer of amendments, under the rule, the Com- the Judiciary Committee, we have been the executive branch, or any law gov- mittee rises. subjected to an onslaught of bills seek- erning the financial disclosures of ex- Accordingly, the Committee rose; ing to free corporate polluters, lead ecutive branch employees, and bribery. and the Speaker pro tempore (Mr. COL- paint and asbestos manufacturers, and Right now, we know there is a dan- LINS of Georgia) having assumed the other abusers of the rights of con- gerous crisis in popular confidence in chair, Mr. FLEISCHMANN, Acting Chair sumers and citizens from having to the national government. This admin- of the Committee of the Whole House face the people they injure in court and istration has brought to Washington a on the state of the Union, reported that having to comply with the rules that web of complicated conflicts of inter- that Committee, having had under con- have been worked out over the decades est, real or potential, attendant to a sideration the bill (H.R. 998) to provide to protect our air, our water, our land, global business empire that engages in for the establishment of a process for our people, our health, and our work- business with foreign governments, for- the review of rules and sets of rules, places. eign and domestic corporations, and a and for other purposes, and, pursuant In most cases, we don’t even get huge host of regulated entities. to House Resolution 150, he reported hearings on these bills. In the Judici- Just a mile from where we sit today, the bill back to the House with sundry ary Committee, I have not seen a vic- for example, the Trump Hotel is rent- amendments adopted in the Committee tim of toxic torts or lead poisoning or ing out guest rooms, ballrooms, meet- of the Whole. medical malpractice testify, but their ing rooms, and whole floors to foreign The SPEAKER pro tempore. Under rights are being flattened every single governments, embassies, and large cor- the rule, the previous question is or- day by the legislative bulldozer that is porations in flagrant violation of the dered. running amuck. Emoluments Clause, article 1, section Is a separate vote demanded on any These bills are flying at us with 9, which requires the President to come amendment reported from the Com- lightning speed—no hearings, no real ask us—Congress—for permission to re- mittee of the Whole? If not, the Chair debate, no time to study the measures, ceive payments from foreign govern- will put them en gros. no time to do the proper information ments. The amendments were agreed to. gathering for our constituents. b 1445 The SPEAKER pro tempore. The Now the SCRUB Act would establish question is on the engrossment and an unelected roving commission with They even have a director of diplo- third reading of the bill. unlimited subpoena power. It would be matic sales now. Furthermore, the The bill was ordered to be engrossed controlled by the President who gets to standard lease that the Trump Hotel and read a third time, and was read the appoint a clean majority—five mem- has with the General Services Adminis- third time and adopted. bers at his own discretion; and four tration forbids any elected official of MOTION TO RECOMMIT more, two Republicans and two Demo- the United States Government or the Mr. RASKIN. Mr. Speaker, I have a crats. So when they say it is bipar- District of Columbia from deriving any motion to recommit at the desk. tisan, remember what that means: profit or value from the lease. Clearly, The SPEAKER pro tempore. Is the Seven spots for majority appointees there is a breach in this lease right gentleman opposed to the bill? and two spots for minority appointees. now. The problem is that the President Mr. RASKIN. I am, indeed. More importantly, this roving commis- is not only the tenant, he is, for all in- The SPEAKER pro tempore. The sion can be lobbied behind closed doors tents and purposes, the landlord too be- Clerk will report the motion to recom- by the special interests that want to cause he controls the GSA and ap- mit. splice and dice the regulations that we points its director. So President-land- The Clerk read as follows: have worked out over the decades to lord Donald Trump would have to go to court to sue tenant businessman Don- Mr. Raskin moves to recommit the bill protect the public against harm. H.R. 998 to the Committee on Oversight and In all of the rules that our democracy ald Trump for breaching the lease by Government Reform with instructions to re- has put in place—not just old rules, not collecting money under it as a public port the same back to the House forthwith just obsolete rules, not just silly official. This just scratches the surface with the following amendment: rules—all of them are going to be in of a welter of ethical conflicts. At the end of the bill, add the following the crosshairs of this roving commis- Mr. Speaker, this is the final amendment to new title (and update the table of contents sion—no exceptions, no firewalls, no the bill which will not kill the bill or send it accordingly): protections for rules governing public back to committee. If adopted, the bill will im- TITLE VI—EXEMPTIONS health and safety—like the Clean mediately proceed to final passage as amend- SEC. 601. EXEMPTION FOR CERTAIN RULES OR Water Act or like the Clean Air Act. ed. SETS OF RULES. They just rejected the amendment to Since I became a member of this House in The provisions of this Act do not apply to carve that out. There are no protec- January, my Freshman colleagues and I have any rule or set of rules relating to— tions, significantly, and this is what been engaged in two activities. First, we’ve (1) any law governing a potential conflict of interest of an employee or officer of the the amendment is about, for rules been sitting in hearings and trying to make executive branch; guaranteeing transparency in govern- sense of bills that fundamentally change the (2) any law governing the financial disclo- ment and integrity in government. legal and regulatory structure of America—and sures of an employee or officer of the execu- My motion to recommit, Mr. Speak- we’ve done so without hearing from witnesses, tive branch; and er, would incorporate into the under- without time to study measures, and without (3) bribery. lying legislation an amendment that I time to do the proper information gathering The SPEAKER pro tempore. The gen- advanced in committee that goes to that I believe is necessary to serve our various tleman from Maryland is recognized the heart of the crisis of confidence in constituencies. Second, we’ve come to the for 5 minutes. Washington, in America today. I think floor at the end of each day to cast votes on Mr. RASKIN. Mr. Speaker, this is the every Member of this body can support deregulation. This house has been in the busi- final amendment to the bill, which will it without betraying any of their prin- ness of loosening rules on everything. We’ve

VerDate Sep 11 2014 01:55 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\A01MR7.018 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1418 CONGRESSIONAL RECORD — HOUSE March 1, 2017 made it easier to pollute, easier to harm con- Let us do what we were elected to do, Payne Sarbanes Thompson (CA) Perlmutter Schakowsky Thompson (MS) sumers—all in the name of cutting regulatory and reach back and take that author- Peters Schiff Titus costs. And so it’s no surprise that a bill like ity that we have given to these regu- Peterson Schneider Tonko this sailed through the Committee on Over- latory agencies. Let us pass this Pingree Schrader Torres sight and Government Reform to the floor. SCRUB Act so that we will have the Pocan Scott (VA) Tsongas Polis Serrano Vargas This bill would establish an unelected com- opportunity to not only review, but Price (NC) Sewell (AL) Veasey mission with unlimited subpoena power and eliminate those regulations that are no Quigley Shea-Porter Vela partisan majority to chop through the Federal longer necessary, inefficient, and inef- Raskin Sherman Vela´ zquez Register with a chain saw. There are no ex- fective. Rice (NY) Sinema Visclosky Richmond Sires Walz ceptions, no firewalls, no protections for rules Members, I ask for you to oppose this Rosen Slaughter Wasserman and regulations governing health and safety motion and vote for the underlying Roybal-Allard Smith (WA) Schultz and there are no protections for rules guaran- SCRUB Act and let us regain the au- Ruiz Soto Waters, Maxine teeing transparency in government. Ruppersberger Speier Watson Coleman thority that the people have given us. Rush Suozzi Welch My motion to recommit would incorporate I yield back the balance of my time. Ryan (OH) Swalwell (CA) Wilson (FL) into the underlying legislation, an amendment The SPEAKER pro tempore. Without Sa´ nchez Takano Yarmuth I offered in committee. It’s straightforward and objection, the previous question is or- NOES—235 unburdensome. In fact, when I offered it in dered on the motion to recommit. committee one of my colleagues on the other There was no objection. Abraham Gohmert Noem side indicated that the priority of this bill is Aderholt Goodlatte Nunes The SPEAKER pro tempore. The Allen Gosar Olson ‘‘major rules with massive costs.’’ question is on the motion to recommit. Amash Gowdy If passed, this MTR would make certain that Palazzo The question was taken; and the Amodei Granger Palmer no provision of the SCRUB Act could be used Speaker pro tempore announced that Arrington Graves (GA) Paulsen to eliminate rules relating to laws that govern Babin Graves (LA) Pearce the noes appeared to have it. Bacon Graves (MO) Perry conflicts of interest of executive branch offi- Banks (IN) Griffith cers or employees. That’s it—it reinforces ex- RECORDED VOTE Pittenger Barletta Grothman Poe (TX) Mr. RASKIN. Mr. Speaker, I demand Barr Guthrie isting law and clarifies provisions of this bill. Poliquin a recorded vote. Barton Harper Surely, we can agree that rules designed to Posey Bergman Harris A recorded vote was ordered. Ratcliffe help maintain the public trust in those rep- Biggs Hartzler Reed resenting them in the Executive Branch are The SPEAKER pro tempore. Pursu- Bilirakis Hensarling sacred enough to be explicitly protected. And ant to clause 8 and clause 9 of rule XX, Bishop (MI) Herrera Beutler Reichert the 5-minute vote on the motion to re- Bishop (UT) Hice, Jody B. Renacci if anyone should ask why it’s so important, we Rice (SC) commit will be followed by 5-minute Black Higgins (LA) don’t have to look too far. This administration Blackburn Hill Roby is a walking, talking billboard for the need to votes on the passage of the bill, if or- Blum Holding Roe (TN) protect laws that protect the public trust. dered; ordering the previous question Bost Hollingsworth Rogers (AL) I urge my colleagues to support this com- on House Resolution 156; and adoption Brady (TX) Huizenga Rogers (KY) Brat Hultgren Rohrabacher mon sense measure. of the resolution, if ordered. Bridenstine Hunter Rokita Mr. Speaker, I yield back the balance This is a 5-minute vote. Brooks (AL) Hurd Rooney, Francis of my time. The vote was taken by electronic de- Brooks (IN) Issa Rooney, Thomas Mr. ROSS. Mr. Speaker, I rise in op- vice, and there were—ayes 190, noes 235, Buchanan Jenkins (KS) J. position to the motion. Buck Jenkins (WV) Ros-Lehtinen not voting 4, as follows: Bucshon Johnson (LA) Roskam The SPEAKER pro tempore. The gen- [Roll No. 113] Budd Johnson (OH) Ross tleman from Florida is recognized for 5 Burgess Johnson, Sam AYES—190 Rothfus minutes. Byrne Jones Rouzer Mr. ROSS. Mr. Speaker, it is inter- Adams Delaney Kildee Calvert Jordan Royce (CA) Aguilar DeLauro Kilmer Carter (GA) Joyce (OH) Russell esting because creatively my friend ´ Barragan DelBene Kind Carter (TX) Katko Rutherford from Maryland is trying to do unsuc- Bass Demings Krishnamoorthi Chabot Kelly (MS) Sanford Beatty DeSaulnier Kuster (NH) Chaffetz Kelly (PA) cessfully what they have done all along Scalise Bera Deutch Langevin Cheney King (IA) Schweikert unsuccessfully, and that is just create Beyer Dingell Larsen (WA) Coffman King (NY) Scott, Austin a carve-out of regulations for review by Bishop (GA) Doggett Larson (CT) Cole Kinzinger Blumenauer Doyle, Michael Lawrence Collins (GA) Knight Sensenbrenner the SCRUB Act. Sessions Now, what regulation is so perfect it Blunt Rochester F. Lawson (FL) Collins (NY) Kustoff (TN) Bonamici Ellison Lee Comer Labrador Shimkus should never be reviewed again? None. Boyle, Brendan Engel Levin Comstock LaHood Shuster And that is why the SCRUB Act is so F. Eshoo Lewis (GA) Conaway LaMalfa Simpson important. You see, this bill went Brady (PA) Espaillat Lieu, Ted Cook Lamborn Smith (MO) through regular order. Brown (MD) Esty Lipinski Costello (PA) Lance Smith (NE) Brownley (CA) Evans Loebsack Cramer Latta Smith (NJ) In the Oversight and Government Re- Bustos Foster Lofgren Crawford Lewis (MN) Smith (TX) form Committee, we went through a Butterfield Frankel (FL) Lowenthal Culberson LoBiondo Smucker markup, and my friends across the Carbajal Fudge Lowey Curbelo (FL) Long Stefanik aisle had an opportunity to make their Ca´ rdenas Gabbard Lujan Grisham, Davidson Loudermilk Stewart Carson (IN) Gallego M. Davis, Rodney Love Stivers amendments. We came to the floor. Cartwright Garamendi Luja´ n, Ben Ray Denham Lucas Taylor They had an opportunity to make their Castor (FL) Gonzalez (TX) Lynch Dent Luetkemeyer Tenney amendments. Two were accepted— Castro (TX) Gottheimer Maloney, DeSantis MacArthur Thompson (PA) Chu, Judy Green, Al Carolyn B. DesJarlais Marchant Thornberry made it a bipartisan bill. Cicilline Green, Gene Maloney, Sean Diaz-Balart Marino But, more importantly, let’s take the Tiberi Clark (MA) Grijalva Matsui Donovan Marshall Tipton ´ impact of this bill and what it does to Clarke (NY) Gutierrez McCollum Duffy Massie Trott Clay Hanabusa McEachin Duncan (SC) Mast our economy. The Small Business Ad- Turner Cleaver Hastings McGovern Duncan (TN) McCarthy Upton ministration says that annually each Clyburn Heck McNerney Dunn McCaul Valadao business must pay $20,000 a year in Cohen Higgins (NY) Meeks Emmer McClintock Wagner compliance costs because of our regu- Connolly Himes Meng Farenthold McHenry Conyers Hoyer Moore Faso McKinley Walberg latory environment. The Competitive Cooper Huffman Moulton Ferguson McMorris Walden Enterprise Institute says that that is Correa Jackson Lee Murphy (FL) Fitzpatrick Rodgers Walker $15,000 per household. Costa Jayapal Nadler Fleischmann McSally Walorski Members, we were elected to be ac- Courtney Jeffries Napolitano Flores Meadows Walters, Mimi Crist Johnson (GA) Neal Fortenberry Meehan Weber (TX) countable to those who elected us; not Crowley Johnson, E. B. Nolan Foxx Messer Webster (FL) to allow some unaccountable, Cuellar Kaptur Norcross Franks (AZ) Mitchell Wenstrup unelectable bureaucracy to make rules Cummings Keating O’Halleran Frelinghuysen Moolenaar Westerman and regulations that have filled up Davis (CA) Kelly (IL) O’Rourke Gaetz Mooney (WV) Williams Davis, Danny Kennedy Pallone Gallagher Mullin Wilson (SC) 178,000 pages of the Code of Federal DeFazio Khanna Panetta Garrett Murphy (PA) Wittman Regulations. DeGette Kihuen Pascrell Gibbs Newhouse Womack

VerDate Sep 11 2014 01:55 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.020 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1419 Woodall Yoho Young (IA) Pearce Rush Tiberi b 1507 Yoder Young (AK) Zeldin Perry Russell Tipton Peterson Rutherford Trott Ms. BLUNT ROCHESTER changed NOT VOTING—4 Pittenger Sanford Turner her vote from ‘‘aye’’ to ‘‘no.’’ Capuano Pelosi Poe (TX) Scalise Upton So the bill was passed. Hudson Scott, David Poliquin Schrader Valadao The result of the vote was announced Posey Schweikert Wagner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ratcliffe Scott, Austin Walberg as above recorded. The SPEAKER pro tempore (during Reed Sensenbrenner Walden A motion to reconsider was laid on the vote). There are 2 minutes remain- Reichert Sessions Walker the table. ing. Renacci Shimkus Walorski Rice (SC) Shuster Walters, Mimi f Roby Simpson Weber (TX) b 1500 Roe (TN) Sinema Webster (FL) PROVIDING FOR CONSIDERATION Rogers (AL) Smith (MO) Wenstrup Messrs. COFFMAN, DESJARLAIS, OF H.R. 1004, REGULATORY IN- Rohrabacher Smith (NE) Westerman TEGRITY ACT OF 2017, AND PRO- and Mrs. COMSTOCK changed their Rokita Smith (NJ) Williams vote from ‘‘aye’’ to ‘‘no.’’ Rooney, Francis Smith (TX) Wilson (SC) VIDING FOR CONSIDERATION OF So the motion to recommit was re- Rooney, Thomas Smucker Wittman H.R. 1009, OIRA INSIGHT, RE- jected. J. Stefanik Womack FORM, AND ACCOUNTABILITY Ros-Lehtinen Stewart Woodall ACT The result of the vote was announced Rosen Stivers Yoder as above recorded. Roskam Suozzi Yoho The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The Ross Taylor Young (AK) SIMPSON). The unfinished business is question is on the passage of the bill. Rothfus Tenney Young (IA) the vote on ordering the previous ques- Rouzer Thompson (PA) Zeldin The question was taken; and the Royce (CA) Thornberry tion on the resolution (H. Res. 156) pro- Speaker pro tempore announced that viding for consideration of the bill the ayes appeared to have it. NOES—185 (H.R. 1004) to amend chapter 3 of title RECORDED VOTE Adams Fudge Moore 5, United States Code, to require the Mr. RASKIN. Mr. Speaker, I demand Aguilar Gabbard Moulton publication of information relating to ´ a recorded vote. Barragan Gaetz Nadler pending agency regulatory actions, and Bass Gallego Napolitano A recorded vote was ordered. Beatty Garamendi Neal for other purposes, and providing for The SPEAKER pro tempore. This is a Bera Gohmert Nolan consideration of the bill (H.R. 1009) to 5-minute vote. Beyer Gonzalez (TX) Norcross amend title 44, United States Code, to Biggs Green, Al The vote was taken by electronic de- O’Rourke require the Administrator of the Office Bishop (GA) Green, Gene Pallone vice, and there were—ayes 240, noes 185, Blumenauer Grijalva Panetta of Information and Regulatory Affairs Blunt Rochester Gutie´rrez not voting 4, as follows: Pascrell to review regulations, and for other Bonamici Hanabusa Payne purposes, on which the yeas and nays [Roll No. 114] Boyle, Brendan Hastings Perlmutter F. Heck were ordered. AYES—240 Peters Brady (PA) Higgins (NY) The Clerk read the title of the resolu- Abraham Denham Johnson, Sam Pingree Brown (MD) Himes tion. Aderholt Dent Jordan Brownley (CA) Hoyer Pocan Allen DeSantis Joyce (OH) Bustos Huffman Polis The SPEAKER pro tempore. The Amash DesJarlais Katko Butterfield Jackson Lee Price (NC) question is on ordering the previous Amodei Diaz-Balart Kelly (MS) Capuano Jayapal Quigley question. Arrington Donovan Kelly (PA) Raskin Carbajal Jeffries This will be a 5-minute vote. Babin Duffy King (IA) Ca´ rdenas Johnson (GA) Rice (NY) Bacon Duncan (SC) King (NY) Carson (IN) Johnson, E. B. Richmond The vote was taken by electronic de- Banks (IN) Duncan (TN) Kinzinger Cartwright Jones Roybal-Allard vice, and there were—yeas 233, nays Barletta Dunn Knight Castor (FL) Kaptur Ruiz 189, not voting 7, as follows: Barr Emmer Kustoff (TN) Castro (TX) Keating Ruppersberger Barton Farenthold Labrador Chu, Judy Kelly (IL) Ryan (OH) [Roll No. 115] Bergman Faso LaHood Cicilline Kennedy Sa´ nchez YEAS—233 Bilirakis Ferguson LaMalfa Clark (MA) Khanna Sarbanes Bishop (MI) Fitzpatrick Lamborn Abraham Collins (GA) Gowdy Clarke (NY) Kihuen Schakowsky Bishop (UT) Fleischmann Lance Aderholt Collins (NY) Granger Clay Kildee Schiff Black Flores Latta Allen Comer Graves (GA) Cleaver Kilmer Schneider Blackburn Fortenberry Lewis (MN) Amash Comstock Graves (LA) Clyburn Kind Scott (VA) Blum Foxx LoBiondo Amodei Conaway Graves (MO) Cohen Krishnamoorthi Serrano Bost Franks (AZ) Long Arrington Cook Griffith Connolly Kuster (NH) Sewell (AL) Brady (TX) Frelinghuysen Loudermilk Conyers Langevin Babin Costello (PA) Grothman Brat Gallagher Love Shea-Porter Bacon Cramer Guthrie Cooper Larsen (WA) Sherman Bridenstine Garrett Lucas Correa Larson (CT) Banks (IN) Crawford Harper Brooks (AL) Gibbs Luetkemeyer Sires Barletta Culberson Harris Courtney Lawrence Slaughter Brooks (IN) Goodlatte MacArthur Crist Lawson (FL) Barr Curbelo (FL) Hartzler Buchanan Gosar Marchant Smith (WA) Barton Davidson Hensarling Crowley Lee Soto Buck Gottheimer Marino Cummings Levin Bergman Davis, Rodney Herrera Beutler Speier Bucshon Gowdy Marshall Davis (CA) Lewis (GA) Biggs Denham Hice, Jody B. Swalwell (CA) Budd Granger Mast Davis, Danny Lieu, Ted Bilirakis Dent Higgins (LA) Takano Burgess Graves (GA) McCarthy DeFazio Lipinski Bishop (MI) DeSantis Hill Thompson (CA) Byrne Graves (LA) McCaul DeGette Loebsack Bishop (UT) DesJarlais Holding Thompson (MS) Calvert Graves (MO) McClintock Delaney Lofgren Black Diaz-Balart Hollingsworth Carter (GA) Griffith McHenry DeLauro Lowenthal Titus Blackburn Donovan Huizenga Carter (TX) Grothman McKinley DelBene Lowey Tonko Blum Duffy Hultgren Chabot Guthrie McMorris Demings Lujan Grisham, Torres Bost Duncan (SC) Hunter Chaffetz Harper Rodgers DeSaulnier M. Tsongas Brady (TX) Dunn Hurd Cheney Harris McSally Deutch Luja´ n, Ben Ray Vargas Brat Emmer Issa Coffman Hartzler Meadows Dingell Lynch Veasey Bridenstine Farenthold Jenkins (KS) Cole Hensarling Meehan Doggett Maloney, Vela Brooks (AL) Faso Jenkins (WV) Collins (GA) Herrera Beutler Messer Doyle, Michael Carolyn B. Vela´ zquez Brooks (IN) Ferguson Johnson (LA) Collins (NY) Hice, Jody B. Mitchell F. Maloney, Sean Visclosky Buchanan Fitzpatrick Johnson (OH) Comer Higgins (LA) Moolenaar Ellison Massie Walz Buck Fleischmann Johnson, Sam Comstock Hill Mooney (WV) Engel Matsui Wasserman Bucshon Flores Jones Conaway Holding Mullin Eshoo McCollum Schultz Budd Fortenberry Jordan Cook Hollingsworth Murphy (FL) Espaillat McEachin Waters, Maxine Burgess Foxx Joyce (OH) Costa Huizenga Murphy (PA) Esty McGovern Watson Coleman Byrne Franks (AZ) Katko Costello (PA) Hultgren Newhouse Evans McNerney Welch Calvert Frelinghuysen Kelly (MS) Cramer Hunter Noem Foster Meeks Wilson (FL) Carter (GA) Gaetz Kelly (PA) Crawford Hurd Nunes Frankel (FL) Meng Yarmuth Carter (TX) Gallagher King (IA) Cuellar Issa O’Halleran Chabot Garrett King (NY) Culberson Jenkins (KS) Olson NOT VOTING—4 Chaffetz Gibbs Kinzinger Curbelo (FL) Jenkins (WV) Palazzo Cheney Gohmert Knight Davidson Johnson (LA) Palmer Hudson Rogers (KY) Coffman Goodlatte Kustoff (TN) Davis, Rodney Johnson (OH) Paulsen Pelosi Scott, David Cole Gosar Labrador

VerDate Sep 11 2014 02:04 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.021 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1420 CONGRESSIONAL RECORD — HOUSE March 1, 2017 LaHood Paulsen Smith (NE) Swalwell (CA) Tsongas Wasserman Frelinghuysen Long Ross LaMalfa Pearce Smith (NJ) Takano Vargas Schultz Gaetz Loudermilk Rothfus Lamborn Perry Smith (TX) Thompson (CA) Veasey Waters, Maxine Gallagher Love Rouzer Lance Pittenger Smucker Thompson (MS) Vela Watson Coleman Garrett Lucas Royce (CA) Latta Poe (TX) Stefanik Titus Vela´ zquez Welch Gibbs Luetkemeyer Russell Lewis (MN) Poliquin Stewart Tonko Visclosky Wilson (FL) Gohmert MacArthur Rutherford LoBiondo Posey Stivers Torres Walz Yarmuth Goodlatte Marchant Sanford Long Ratcliffe Gosar Marino Taylor NOT VOTING—7 Scalise Loudermilk Reed Tenney Gowdy Massie Schweikert Love Reichert Granger Mast Thompson (PA) Duncan (TN) Marshall Scott, David Scott, Austin Lucas Renacci Green, Al O’Rourke Graves (GA) McCarthy Thornberry Sensenbrenner Luetkemeyer Rice (SC) Hudson Perlmutter Graves (LA) McCaul Tiberi Sessions MacArthur Roby Graves (MO) McClintock Shimkus Marchant Roe (TN) Tipton b 1513 Griffith McHenry Trott Shuster Marino Rogers (AL) Grothman McKinley Simpson Massie Rogers (KY) Turner So the previous question was ordered. Guthrie McMorris Upton Sinema Mast Rohrabacher The result of the vote was announced Harper Rodgers Smith (MO) McCarthy Rokita Valadao Harris McSally as above recorded. Smith (NE) McCaul Rooney, Francis Wagner Hartzler Meadows Smith (NJ) McClintock Rooney, Thomas Walberg (By unanimous consent, Mr. SESSIONS Hensarling Meehan Smith (TX) McHenry J. Walden was allowed to speak out of order.) Herrera Beutler Messer Smucker McKinley Ros-Lehtinen Walker Hice, Jody B. Mitchell ANNOUNCEMENT BY COMMITTEE ON RULES RE- Stefanik McMorris Roskam Higgins (LA) Moolenaar Walorski GARDING AMENDMENT PROCESS FOR H.R. 725, Stewart Rodgers Ross Walters, Mimi Hill Mooney (WV) INNOCENT PARTY PROTECTION ACT; H.R. 720, Stivers McSally Rothfus Weber (TX) Holding Mullin Meadows Rouzer LAWSUIT ABUSE REDUCTION ACT; AND H.R. 985, Hollingsworth Murphy (PA) Taylor Webster (FL) Tenney Meehan Royce (CA) Wenstrup FAIRNESS IN CLASS ACTION LITIGATION ACT Huizenga Newhouse Messer Thompson (PA) Russell Westerman Mr. SESSIONS. Mr. Speaker, this Hultgren Noem Mitchell Rutherford Hunter Nunes Thornberry Williams Moolenaar Sanford morning the Rules Committee issued Hurd Olson Tiberi Wilson (SC) Mooney (WV) Scalise announcements outlining the process Issa Palazzo Tipton Mullin Schweikert Wittman Jenkins (KS) Palmer Trott Womack for amendments for three measures Turner Murphy (PA) Scott, Austin likely to be on the floor next week. Jenkins (WV) Paulsen Newhouse Sensenbrenner Woodall Johnson (LA) Pearce Upton Noem Sessions Yoder An amendment deadline has been set Johnson (OH) Perry Valadao Nunes Shimkus Yoho for Monday, March 6, at 3 p.m. for H.R. Johnson, Sam Pittenger Wagner Olson Shuster Young (AK) 725, the Innocent Party Protection Act. Jones Poe (TX) Walberg Palazzo Simpson Young (IA) Jordan Poliquin Walden Palmer Smith (MO) Zeldin And a deadline has been set for Tues- Joyce (OH) Posey Walker day, March 7, at 10 a.m. for H.R. 720, Katko Ratcliffe Walorski NAYS—189 the Lawsuit Abuse Reduction Act; and Kelly (MS) Reed Walters, Mimi Weber (TX) H.R. 985, the Fairness in Class Action Kelly (PA) Reichert Adams Engel Maloney, King (IA) Renacci Webster (FL) Aguilar Eshoo Carolyn B. Litigation Act. King (NY) Rice (SC) Wenstrup ´ Barragan Espaillat Maloney, Sean The text of these measures is avail- Kinzinger Roby Westerman Bass Matsui Esty able at the Rules Committee website, Knight Roe (TN) Williams Beatty Evans McCollum Kustoff (TN) Rogers (AL) Wilson (SC) Bera Foster McEachin and feel free to contact me or my staff Labrador Rogers (KY) Wittman Beyer Frankel (FL) McGovern with any questions. LaHood Rohrabacher Womack Bishop (GA) Fudge McNerney LaMalfa Rokita Woodall Blumenauer Meeks The SPEAKER pro tempore. Without Gabbard objection, 5-minute voting will con- Lamborn Rooney, Francis Yoder Blunt Rochester Gallego Meng Lance Rooney, Thomas Yoho Bonamici Garamendi Moore tinue. Latta J. Young (AK) Boyle, Brendan Gonzalez (TX) Moulton There was no objection. Lewis (MN) Ros-Lehtinen Young (IA) F. Murphy (FL) Gottheimer The SPEAKER pro tempore. The LoBiondo Roskam Zeldin Brady (PA) Green, Gene Nadler Brown (MD) Grijalva Napolitano question is on the resolution. NOES—180 Brownley (CA) Neal Gutie´rrez The question was taken; and the Bustos Nolan Adams DeGette Kihuen Hanabusa Butterfield Norcross Speaker pro tempore announced that Aguilar Delaney Kildee Hastings Capuano O’Halleran the ayes appeared to have it. Barraga´ n DeLauro Kilmer Heck Carbajal Pallone Beatty DelBene Kind Higgins (NY) RECORDED VOTE Ca´ rdenas Panetta Bera Demings Krishnamoorthi Himes Carson (IN) Pascrell Mr. POLIS. Mr. Speaker, I demand a Beyer DeSaulnier Kuster (NH) Hoyer Cartwright Payne recorded vote. Bishop (GA) Deutch Langevin Huffman Castor (FL) Pelosi Blumenauer Dingell Larsen (WA) Jackson Lee A recorded vote was ordered. Castro (TX) Peters Blunt Rochester Doggett Larson (CT) Jayapal Chu, Judy Peterson The SPEAKER pro tempore. This Bonamici Doyle, Michael Lawrence Jeffries Cicilline Pingree will be a 5-minute vote. Boyle, Brendan F. Lawson (FL) Clark (MA) Johnson (GA) Pocan F. Ellison Lee Johnson, E. B. The vote was taken by electronic de- Clarke (NY) Polis vice, and there were—ayes 234, noes 180, Brady (PA) Engel Levin Clay Kaptur Price (NC) Brown (MD) Eshoo Lewis (GA) Cleaver Keating Quigley not voting 15, as follows: Brownley (CA) Espaillat Lipinski Clyburn Kelly (IL) Raskin [Roll No. 116] Bustos Esty Loebsack Cohen Kennedy Rice (NY) Butterfield Evans Lofgren Connolly Khanna Richmond AYES—234 Capuano Foster Lowenthal Conyers Kihuen Rosen Abraham Brooks (AL) Crawford Carbajal Frankel (FL) Lowey Cooper Kildee Roybal-Allard Aderholt Brooks (IN) Culberson Ca´ rdenas Fudge Lujan Grisham, Correa Kilmer Ruiz Allen Buchanan Curbelo (FL) Carson (IN) Gallego M. Costa Kind Ruppersberger Amash Buck Davidson Cartwright Garamendi Luja´ n, Ben Ray Courtney Krishnamoorthi Rush Amodei Bucshon Davis, Rodney Castor (FL) Gonzalez (TX) Lynch Crist Kuster (NH) Ryan (OH) Arrington Budd Denham Castro (TX) Gottheimer Maloney, Crowley Langevin Sa´ nchez Babin Burgess Dent Chu, Judy Green, Gene Carolyn B. Cuellar Larsen (WA) Sarbanes Bacon Byrne DeSantis Cicilline Grijalva Maloney, Sean Cummings Larson (CT) Schakowsky Banks (IN) Calvert DesJarlais Clark (MA) Hanabusa Matsui Davis (CA) Lawrence Schiff Barletta Carter (GA) Diaz-Balart Clarke (NY) Hastings McCollum Davis, Danny Lawson (FL) Schneider Barr Carter (TX) Donovan Clay Heck McEachin DeFazio Lee Schrader Barton Chabot Duffy Clyburn Higgins (NY) McGovern DeGette Levin Scott (VA) Bergman Chaffetz Duncan (SC) Cohen Hoyer McNerney Delaney Lewis (GA) Serrano Biggs Cheney Dunn Connolly Huffman Meeks DeLauro Lieu, Ted Sewell (AL) Bilirakis Coffman Emmer Conyers Jackson Lee Meng DelBene Lipinski Shea-Porter Bishop (MI) Cole Farenthold Cooper Jayapal Moore Demings Loebsack Sherman Bishop (UT) Collins (GA) Faso Courtney Jeffries Moulton DeSaulnier Lofgren Sinema Black Collins (NY) Ferguson Crist Johnson (GA) Murphy (FL) Deutch Lowenthal Sires Blackburn Comer Fitzpatrick Crowley Johnson, E. B. Nadler Dingell Lowey Slaughter Blum Comstock Fleischmann Cuellar Kaptur Napolitano Doggett Lujan Grisham, Smith (WA) Bost Conaway Flores Cummings Keating Neal Doyle, Michael M. Soto Brady (TX) Cook Fortenberry Davis (CA) Kelly (IL) Nolan F. Luja´ n, Ben Ray Speier Brat Costello (PA) Foxx Davis, Danny Kennedy Norcross Ellison Lynch Suozzi Bridenstine Cramer Franks (AZ) DeFazio Khanna O’Halleran

VerDate Sep 11 2014 02:04 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.023 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1421 Pallone Ryan (OH) Thompson (CA) GENERAL LEAVE the statute of limitations from 6 ´ Panetta Sanchez Thompson (MS) Mr. BYRNE. Mr. Speaker, I ask months to 5 years. OSHA undertook for Payne Sarbanes Titus Pelosi Schakowsky Tonko unanimous consent that all Members itself the power that only this Congress Perlmutter Schiff Torres may have 5 legislative days in which to has to write laws. Peters Schneider Tsongas revise and extend their remarks and in- The agency created significant regu- Peterson Schrader Vargas clude extraneous materials on H.J. latory confusion for small businesses. Pingree Scott (VA) Veasey Pocan Serrano Res. 83. Many would likely face unwarranted Vela Polis Sewell (AL) Vela´ zquez The SPEAKER pro tempore. Is there litigation because of unlawful regu- Price (NC) Shea-Porter objection to the request of the gen- latory policies. Of course, further judi- Quigley Sherman Visclosky Raskin Sires Walz tleman from Alabama? cial scrutiny also means hardworking Rice (NY) Slaughter Wasserman There was no objection. taxpayers will foot the bill when OSHA Richmond Smith (WA) Schultz Mr. BYRNE. Mr. Speaker, I rise Waters, Maxine is forced to defend its lawless power Rosen Soto today in strong support of H.J. Res. 83, Roybal-Allard Speier Watson Coleman grab once again. Ruiz Suozzi Welch and I yield myself such time as I may Simply put, OSHA had no authority Ruppersberger Swalwell (CA) Wilson (FL) consume. to do this. We have a Constitution that Rush Takano Yarmuth Mr. Speaker, America’s workers de- grants Congress, not Federal agencies, NOT VOTING—15 serve responsible, commonsense, regu- the power to write the law. But that is Bass Gabbard Lieu, Ted latory policies to ensure safe and not the only reason we are here today. Cleaver Green, Al Marshall healthy working conditions. Let me We are also here because this rule does Correa Gutie´rrez O’Rourke say that again. America’s workers de- nothing to improve workplace safety. Costa Himes Pascrell Duncan (TN) Hudson Scott, David serve responsible, commonsense regu- Maintaining injury and illness latory policies to ensure safe and records is vitally important and can b 1520 healthy working conditions. help enhance worker protections. But So the resolution was agreed to. They deserve a Federal Government that is not the goal of this rule. This The result of the vote was announced that holds bad actors accountable, and rule only serves to punish employers. as above recorded. a government that takes proactive As we have said repeatedly, OSHA A motion to reconsider was laid on steps to help employers improve safety should, instead, collaborate with em- the table. protections and prevent injuries and ployers to help them understand their PERSONAL EXPLANATION illnesses before they occur. Just as im- legal responsibilities and ensure safe Mr. MARSHALL. Mr. Speaker, I was talking portantly, they deserve to know that measures are in place to prevent work- to constituents and reached a time when a Federal agencies are following the law. place hazards in the future. For years, Republicans have called very personal issue arose. Had I been Fortunately, Congress has the au- on OSHA to reject a top-down approach present, I would have voted ‘‘yea’’ on rollcall thority to reject this failed approach to to worker protections and, instead, col- No. 115 and ‘‘yea’’ on rollcall No. 116. workplace safety and block an abuse of laborate with employers to identify executive power that began under the f gaps in safety and address the unique Obama administration. DISAPPROVING THE RULE SUB- challenges facing workplaces. I urge my colleagues to support this MITTED BY THE DEPARTMENT Unfortunately, under the Obama ad- resolution, and I hope we can all work OF LABOR RELATING TO ‘‘CLARI- ministration, our concerns usually fell together to encourage a more proactive FICATION OF EMPLOYER’S CON- on deaf ears. In fact, one of the admin- approach that prevents injuries and ill- TINUING OBLIGATION TO MAKE istration’s parting gifts to workers and nesses from happening in the first AND MAINTAIN AN ACCURATE small businesses was a regulatory place. RECORD OF EACH RECORDABLE scheme that reflects not only a back- Mr. Speaker, I reserve the balance of INJURY AND ILLNESS’’ wards, punitive approach to workplace my time. safety, but one that is completely un- Mr. BYRNE. Mr. Speaker, pursuant Mr. SCOTT of Virginia. Mr. Speaker, lawful. to House Resolution 150, I call up the I yield myself such time as I may con- Here’s why. Under the Occupational joint resolution (H.J. Res. 83) dis- sume. Safety and Health Act, employers have Mr. Speaker, I rise in opposition to approving the rule submitted by the long been required to record injuries H.J. Res. 83, the Congressional Review Department of Labor relating to ‘‘Clar- and illnesses and retain those records Act resolution of disapproval that will ification of Employer’s Continuing Ob- for 5 years. The law explicitly provides undermine workplace safety and ligation to Make and Maintain an Ac- a 6-month window under which OSHA health. It does so by overturning a curate Record of Each Recordable In- can issue citations to employers who clarifying rule issued by OSHA on De- jury and Illness’’, and ask for its imme- fail to maintain proper records; 6 cember 9, 2016, to ensure accurate occu- diate consideration in the House. months. It is written in the law. This pational injury and illness reporting. The Clerk read the title of the joint approach helps ensure workplace haz- Now, first of all, it is strange that we resolution. ards are addressed in a timely manner. are reversing a rule through the Con- The SPEAKER pro tempore. Pursu- However, in 2006, OSHA took action gressional Review Act that creates no ant to House Resolution 150, the joint against Volks Constructors for record- new compliance or reporting obliga- resolution is considered read. keeping errors that occurred well be- tion, imposes no new costs. It simply The text of the joint resolution is as yond what the law allows, well beyond gives OSHA the tools to enforce an em- follows: 6 months. The errors were from nearly ployer’s continuing obligation to H.J. RES. 83 5 years earlier. That is why a Federal record injuries and illnesses. Resolved by the Senate and House of Rep- appeals court unanimously rejected Spurred by the court of appeals deci- resentatives of the United States of America in OSHA’s overreach. The opinion for the sion, which blocked OSHA from citing Congress assembled, That Congress dis- Court stated: ‘‘We do not believe Con- continuing violations outside the 6- approves the rule submitted by the Depart- ment of Labor relating to ‘‘Clarification of gress expressly established a statute of month statute of limitations, OSHA Employer’s Continuing Obligation to Make limitations only to implicitly encour- updated its recordkeeping rule. This and Maintain an Accurate Record of Each age the Secretary to ignore it.’’ Even new rule makes it clear that employers Recordable Injury and Illness’’ (published at President Obama’s Supreme Court have a continuing obligation to record 81 Fed. Reg. 91792 (December 19, 2016)), and nominee, Judge Garland, agreed serious injuries and illnesses on an such rule shall have no force or effect. OSHA’s action was ‘‘not reasonable.’’ OSHA Log if they failed to comply The SPEAKER pro tempore. The gen- What came next was an outright with the requirement to record the in- tleman from Alabama (Mr. BYRNE) and power grab. OSHA decided to take its jury at the time the injury or illness the gentleman from Virginia (Mr. unlawful action one step further. This occurred. SCOTT) each will control 30 minutes. time it would not only ignore the law, Since the enactment of OSHA in 1970, The Chair recognizes the gentleman but rewrite it. The agency finalized the accurate data on workplace injuries from Alabama. ‘‘Volks’’ rule, unilaterally extending and illnesses has been recognized as an

VerDate Sep 11 2014 03:04 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD17\MARCH\H01MR7.REC H01MR7 H1422 CONGRESSIONAL RECORD — HOUSE March 1, 2017 important tool for protecting worker obligation to record injuries beyond 7 native way to ensure accountability for safety and health. days. employers who flout the law. There has Since 1972, employers in higher haz- There was a concurrent opinion in just been a headlong rush to push this ard industries have been required to the Volks decision which made it clear resolution to the floor just a few days record the occurrence of each serious that a regulation, which expressly pro- after its filing. occupational injury or illness within 7 vides for an employer’s continuing ob- So given the complete lack of delib- days on a ‘‘Log of Work-Related Inju- ligation, would be lawful. eration regarding this new rule, this ries and Illnesses.’’ Now, when you talk about what the Congressional Review Act resolution is court decided and what Mr. Garland b 1530 premature, at best, but it will defi- wrote, that was on the previous regula- nitely have regrettable consequences An annual summary of this law must tion, not on this one. to the health and safety of the people be posted for 3 months starting in Feb- Informed by the guidance of the that we are charged to protect. ruary of each year in a conspicuous court, OSHA has issued a new rule Mr. Speaker, I urge a ‘‘no’’ vote. place where employees’ frequent which does make it clear that an em- I reserve the balance of my time. records must be kept for 5 years. ployer’s duty to maintain an accurate Mr. BYRNE. Mr. Speaker, I yield my- While most employers faithfully record of workplace injuries and ill- self such time as I may consume. comply with OSHA’s rules, there are a nesses is, in fact, an ongoing obliga- Mr. Speaker, I would like to read number of well-documented incentives tion. very briefly a quote from the court’s for employers to underreport work- So let’s be clear, eliminating this decision: ‘‘We find this statute to be place injuries. These incentives include rule means that employers who want clear and the agency’s interpretation lower workers’ compensation rates, to underreport injuries will face no unreasonable in any event’’—in any more favorable treatment in public sanctions if the injuries go back more event. contracting, and a lower chance of hav- than 6 months. Rolling back this rule There is no way to rewrite this regu- ing a future OSHA inspection. essentially creates a vast safe harbor lation to comply with the law that is Underreporting means that work- for noncompliance and creates the per- clear. There is no way for the agency’s place hazards are masked, making it verse incentive for underreporting. interpretation to become reasonable. It less likely that employers or employ- The premise behind the resolution is unreasonable according to the court ees become aware of patterns that today is that it is unlawful. If that is in any event. would indicate the need to take correc- the case, Congress should repeal the My friend from Virginia talked about tive actions to prevent future injuries. regulation. But no court has reviewed the fact that OSHA just updated the If injuries and illnesses are not on the this new rule, only the predecessor. regulation to impose a continuing obli- log, OSHA may overlook hazards at a There has been no appeal of the new gation. OSHA does not have that au- worksite during an inspection and con- rule that has been lodged since the new thority. Only this Congress has that sequently leaving workers exposed to rule was issued in December. authority. No agency can unilaterally correctable dangers. The proper course of action is to have decide to change a statutory provision Mr. Speaker, because of under- the courts decide the legal question that the court has said is clear. He said funding, OSHA only has sufficient re- since arguably they are in the best po- this applies to only a few categories of sources to inspect a workplace once sition to interpret the laws and evalu- employers. It applies to nearly every every 140 years on average. So the like- ate the precedents. This especially category of employers that has 10 em- lihood that they might show up in the makes sense since one of the concur- ployees or more. So you could have an next 6 months is obviously remote. To ring opinions in the Volks case identi- employer with 50 employees, and they be effective, OSHA must have reliable fied abundant legal precedent for toll- are subject to this regulation. This ap- injury and illness data to target its ing the statute of limitations when plies to virtually any employer. scarce resources towards work sites there are continuing violations in OSHA has 6 months to enforce this where employees are facing the great- other laws that are nearly identical to law—6 months—from any violation. est dangers. Understated injury rates the reporting requirements in OSHA. Now, why 6 months? Because it is im- may mean that OSHA will bypass work These include the Consumer Credit Re- portant to investigate these things sites that need to be inspected. porting Act and the Sex Offender Reg- quickly and determine whether there Without reliable recordable injury istration and Notification Act. has been a violation because things get rates, private contractors and public On the other hand, if the purpose of lost and people leave their employ- sector officials will not be able to passing this resolution is just to elimi- ment. Congress made the decision for 6 make sufficiently informed decisions nate the possibility of OSHA’s clari- months because that was a period of when assessing the safety records of fying rule could ever be found lawful, time in which OSHA could perform its prospective contractors and sub- then it is obvious that H.J. Res. 83 is duties reasonably, and we could get contractors. an ideological attack without any re- justice the way it ought to be done. Mr. Speaker, OSHA’s practice for the gard for consequences to worker safety. We can amend OSHA, but we have last 40 years and the decisions of the On the other hand, if there is a bona not chosen to do so. Until this Congress bipartisan and independent OSHA Re- fide view that OSHA lacks the ade- chooses to change OSHA, the agency view Commission have upheld the prin- quate legal basis for the rule, then the has to comply with the clear wording ciple that every day an employer fails constructive solution would be to of the statute as it has been passed by to record an injury was a continuing amend OSHA and provide for the clari- this Congress. The agency does not violation for the purpose of calculating fying statutory authority. We should have the right to do this. It would be a time limits under OSHA’s statute of not be repealing the rule because we waste of taxpayer money and time to limitations. That is not totally open- know what happens when this deter- force an employer to go challenge this ended but limited to the 5-year require- rent is eliminated. After OSHA lost its in court when we already know what ment that employers are required to authority to enforce the violations out- the result is going to be. It is not up to maintain these injury records. side the 6-month window under the the committee or to the Congress to go In spite of this 40-year precedent, a Volks decision, there was a 75 percent back and review an agency interpreta- 2012 D.C. Court of Appeals decision reduction in the number of citations tion we know, as a matter of law, is known as Volks Constructors upended issued for underreporting, and that is wrong. the 40-year precedent when it held that according to OSHA data. So this is a responsible act to take, OSHA did not have the authority to So, Mr. Speaker, there has been no and I would suggest to the agency and issue a citation for an occurrence of a hearing held on this final rule or this to my fellow Members of Congress that violation that extended beyond the 6- resolution. There has been no assess- if we want to reconsider a statute of month statute of limitations as set ment of the consequences of under- limitations we do it on this floor and forth in OSHA. The court noted that reporting of injuries which will occur if not in that agency. OSHA’s previous regulation provided this resolution is adopted, and there Mr. Speaker, I yield such time as she for no specific articulated continuing has been no evaluation of any alter- may consume to the gentlewoman from

VerDate Sep 11 2014 02:09 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.064 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1423 North Carolina (Ms. FOXX) who is the prove the health and safety of Amer- Thank you, President Obama, who chairwoman of our committee. ica’s workers. recognized that it is not the Member of Ms. FOXX. Mr. Speaker, I want to Instead of shaming employers, OSHA Congress who may slip on a rug in their thank my colleague from Alabama for should collaborate with employers and privileged manner of coming to this his able testimony in regard to this develop a proactive approach that will august body and voting, but it is, in resolution. keep workers safe. That is exactly fact, the workers who come every day I rise today in support of this resolu- what Republicans have demanded for and pick up your garbage, the sanita- tion because it will reverse an unlawful years, and we will continue to demand tion workers, the same workers that power grab and restore responsible so in the years ahead no matter which Dr. King went to Memphis to stand up worker health and safety policies. party has the Presidency. for and the individuals who, because of Article I of the Constitution is clear. As my colleague from Alabama has their work, are susceptible to injuries It is the Members of this body—the leg- said, this is exactly the appropriate more often than not. islative branch—who write the law. way to block this unlawful rule, not Individuals who work in construc- Why? Because we are closest to the only because the agency has no author- tion, who help build our houses and people and, therefore, more responsive ity to do what it did, but because it is hospitals and tall skyscrapers, what to the needs and demands of those we why we have the CRA. excuse can we give for not maintaining serve. Mr. Speaker, I urge my colleagues to the standards of keeping and reporting It is the responsibility of the execu- block an unlawful rule by voting in those injuries for a period of 5 years tive branch to enforce the laws—not favor of H.J. Res. 83. I wish to thank and the retention of such? Or those write them. Unfortunately, the pre- the chairman of the Workforce Protec- who work, for example, in the area of vious administration failed to abide by tions Subcommittee, Representative railroads, railroad beds and railroad this founding principle. President BYRNE, for his leadership on this im- sites—hard labor. Or those who work at Obama boasted about his days teaching portant issue. our ports—hard labor. constitutional law, yet his administra- Mr. SCOTT of Virginia. Mr. Speaker, So I rise to oppose disapproving the tion tried time and time again to re- I yield myself such time as I may con- rule submitted by the Department of write the law unilaterally through ex- sume. Labor regarding OSHA, and I do so for Mr. Speaker, prior to yielding, I just ecutive fiat. the men and women who do the heavy The Volks rule is just one example of want to make a comment that the lifting. this unprecedented overreach. Under court struck down the previous rule, I include in the RECORD a letter from not the rule which is the subject of this Occupational Safety and Health Act AFSCME, which represents municipal resolution. The previous rule did not regulations, employers are required to and county workers across America, have a specific citation about a con- record injuries and illnesses and retain establishing why we should vote ‘‘no’’ tinuing obligation. This rule does. The those records for 5 years. This informa- on this. excerpts from the Garland concurring tion has long been used by safety in- AMERICAN FEDERATION OF STATE, decision says: spectors and employers to identify gaps COUNTY AND MUNICIPAL EMPLOY- in safety and enhance protections for None of this is to say, as the petitioner EES, AFL–CIO, suggests in its opening brief, that a statute Washington, DC, February 28, 2017. workers. of limitations like OSHA’s statute of limita- HOUSE OF REPRESENTATIVES, To ensure hazards are addressed in a tions can never admit to a continuing viola- Washington, DC. timely manner, the law explicitly pro- tion for a failure to act. To the contrary, DEAR REPRESENTATIVE: On behalf of the 1.6 vides a 6-month window under which where a regulation or statute imposes a con- million members of the American Federation an employer can be cited for failing to tinuing obligation to act, a party can con- of State, County and Municipal Employees keep proper records—6 months. But tinue to violate it until that obligation is (AFSCME), I’m writing to urge you to op- never one to let the law stand in the satisfied. pose H.J. Res. 83, which would abolish an Oc- way of its partisan agenda, the Obama This regulation specifically cites the cupational Safety and Health Administra- tion (OSHA) rule that clarifies an employer’s administration decided to unfairly tar- obligation as a continuing obligation. Mr. Speaker, I yield 3 minutes to the responsibility to maintain accurate records get a Louisiana construction company of serious work-related injuries and ill- gentlewoman from Texas (Ms. JACKSON for recordkeeping errors from nearly 5 nesses. years earlier. LEE). The new OSHA rule creates NO new com- That’s right, 5 years. Not even re- b 1545 pliance or reporting obligations and imposes no new costs on employers. motely close to what the law passed by Ms. JACKSON LEE. Let me thank Congress permits. The consequences of The 1970 law creating OSHA explicitly di- the gentleman for his very astute argu- rected the agency to ‘‘prescribe regulations this unlawful power grab were predict- ment and his leadership on the com- requiring employers to maintain accurate able. Employers large and small faced mittee. records of and to make periodic reports on, significant regulatory confusion and I am going to narrow my argument work-related deaths, injuries and illnesses legal uncertainty. Fortunately, a Fed- to, I think, very realistic questions other than minor injuries . . . .’’ Since the eral appeals court unanimously struck about whether or not we are proce- first recordkeeping regulations issued in down this power grab as my colleague durally in the context of overruling the 1972, OSHA has required employers to record from Alabama has cited. Even Presi- OSHA decision out of the Federal workplace injuries on an ‘‘OSHA log’’ within dent Obama’s nominee for the Supreme seven days of the injury and to maintain the courts or whether or not this is really records of the log and annual summary of Court, Judge Merrick Garland, referred a question of do we want to protect the the log for five years. Every Republican and to OSHA’s action as unreasonable. rights of American workers and protect Democratic administration since 1972 has in- How did the Obama administration them from the years of injuries that terpreted this employer obligation to make respond to this judicial rebuke? It com- preceded the establishment of OSHA. I and maintain accurate records to be ongoing pletely ignored the court’s ruling. The want to fall on the side of the Amer- from the date of the injury or illness until agency doubled down on its abuse of ican worker. the five-year retention period expires. OSHA power and tried to rewrite the law ex- Let me be very clear what we are issued this clarifying regulation in December tending the threat of penalty from 6 talking about today. The ruling that 2016 in response to a court decision that dra- matically limited OSHA’s enforcement of in- months to 5 years. we are speaking about went against 40 jury recordkeeping regulation to a six-month Again, it is Congress that writes years of precedence in reporting work- period. OSHA’s clarifying rule simply re- laws, not government agencies. That is place safety violations. Since 1972, stores the standard to one employers have precisely why we must support this every administration has maintained known and complied with for 45 years. resolution. By supporting H.J. Res. 83, that the 5-year retention period for re- H.J. Res. 83 would strip OSHA of its en- we will provide more certainty for cording work-related injuries, ill- forcement authority and harm workplace small businesses and uphold the rule of nesses, or death is standard practice. safety. Passage of this Congressional Review Act law. Just as importantly, we must de- This DOL rule was simply put in place Resolution of Disapproval would enable em- mand a better approach to worker to codify and create some consistency ployers who deliberately and recklessly health and safety. To be clear, this rule that will benefit both employers and break the law to avoid any penalties for sys- does nothing—I repeat nothing—to im- employees. temically failing to report or underreporting

VerDate Sep 11 2014 02:09 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.066 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1424 CONGRESSIONAL RECORD — HOUSE March 1, 2017 injuries over many years. They would be able Ms. JACKSON LEE. Mr. Speaker, I Looking again at the court’s deci- to cover up or mask longstanding workplace stand with the workers. sion. They said this: the statute of lim- hazards that need correcting. OSHA has lim- Mr. Speaker, I rise in strong opposition to itation provides that ‘‘no citation may ited resources and, on average, can inspect a workplace once every 140 years. OSHA relies H.J. Res. 83, a resolution ‘‘Disapproving De- be issued . . . after the expiration of upon reliable injury and illness data to partment of Labor Rule Relating to Clarifica- six months following the occurrence of prioritize its resources to those workplaces tion of Employer’s Continuing Obligation to any violation.’’ that present the greatest hazards to workers. Make And Maintain an Accurate Record of They go on to say this: ‘‘Like the Su- H.J. Res. 83 would remove OSHA’s enforce- Each Recordable Injury And Illness.’’ preme Court, we think the word ‘occur- ment ability to protect workers from the I oppose this bill because it will harm work- rence’ clearly refers to a discrete ante- most dangerous and significant hazards. ers who depend on the Occupation Health and cedent event—something that ‘hap- Workplace injuries are real. Last year, a GAO report found workplace violence is a se- Safety Administration to ensure that their pened’ or ‘came to pass’ ‘in the past.’ ’’ rious concern for the approximately 15 mil- workplaces are safe. H.J. Res. 83 will under- By any common definition, there was lion health care workers in the United mine workplace health and safety and make it no occurrence; i.e., no discrete action, States, but the full extent of injuries that impossible for OSHA to ensure that injury and event, or incident, no coming about, are the result of workplace violence is un- illness records are complete and accurate. and no process of happening within the known because of underreporting. Accurate Accurate records are needed to ensure requisite 6 months. You can’t take that reporting would help OSHA, employers, OSHA focuses its limited resources on the na- wording and slip into it a continuing workers and their representatives respond more effectively to this prevalent workplace tion’s most dangerous workplaces, instead of violation requirement unless you hazard. H.J. Res. 83 would jeopardize the wasting time in workplaces with low risk. change the statute. The agency can’t progress that could be made on workplace vi- The Department of Labor rule at issue here change the statute. olence and other workplace injuries by does not create any new obligations. The court, in its decision on the blocking this basic reporting and record- OSHA has enforced injury recordkeeping re- Volks rule, also looked at something keeping rule or a similar rule in the future. quirements by reviewing the last five years of very important, and that is: Why do we We oppose H.R. Res. 83 and urge you to an employer’s records throughout its entire stand with workers by rejecting this resolu- require this agency to do its work in a tion. history, under every administration. good period of time? Sincerely, In 2012, a court decision limited enforce- It says: ‘‘Nothing in this statute sug- SCOTT FREY, ment of OSHA’s injury recordkeeping regula- gests Congress sought to endow this Director of Federal Government Affairs. tions to a six month period—a dramatic depar- bureaucracy with the power to hold a Ms. JACKSON LEE. H.J. Res. 83 is ture from the last OSHA’s 40 year policy and discrete record-making violation over wrong. It is wrong because it goes practice. employers for years, and then cite the against the hardworking people. The 2016 rule simply allows OSHA to con- employer long after the opportunity to I also include in the RECORD, Mr. tinue this practice. actually improve the workplace has Speaker, a letter from the Inter- Mr. Speaker, complete and accurate infor- passed.’’ national Brotherhood of Teamsters dis- mation on work-related injuries and illnesses is In other words, we gave the agency 6 approving of H.J. Res. 83. important. months to do its job, and it should do INTERNATIONAL BROTHERHOOD The Occupational Safety and Health Act of its job. OF TEAMSTERS, 1970 directs the Secretary of Labor to ‘‘pre- Now, other people have looked at Washington, DC, February 27, 2017. scribe regulations requiring employers to this, people who are experts in work- HOUSE OF REPRESENTATIVES, maintain accurate records of, and make peri- place safety. I refer you, Mr. Speaker, Washington, DC. odic reports on, work-related deaths, injuries to a letter that was written on October DEAR REPRESENTATIVE: On behalf of the 1.4 and illnesses other than minor injuries.’’ 27, 2015, by the American Society of million members of the International Broth- Since the early 1970’s, OSHA has required erhood of Teamsters, I urge you to oppose Safety Engineers, which I include in H.J. Res. 83, disapproving the rule submitted construction employers to keep these records. the RECORD. The records are used by employers, work- by the Department of Labor relating to AMERICAN SOCIETY OF ‘‘Clarification of Employer’s Continuing Ob- ers, and unions at the workplace to identify SAFETY ENGINEERS, ligation to Make and Maintain an Accurate hazardous conditions, and take corrective ac- Park Ridge, IL, October 27, 2015. Record of Each Recordable Injury and Ill- tion to prevent future injuries and exposures. Re ASSE Comments on OSHA Notice of Pro- ness.’’ Disapproving this rule would under- Both positive and negative injury trends are posed Rule Clarification of Employer’s mine safety in some of the nation’s most tracked on a national scale, allowing limited Continuing Obligation to Make and dangerous industries, many of which employ prevention resources to be targeted effec- Maintain an Accurate Record of Each Teamsters. tively. Recordable Injury and Illness [Docket The rule does not impose new costs on em- No: OSHA–2015–0006]. ployers and simply reaffirms OSHA’s ability Most importantly, OSHA relies on the to enforce injury and illness recordkeeping. records to target its enforcement and compli- Hon. DAVID MICHAELS, This rule became necessary when a 2012 ance assistance activities to dangerous work- Assistant Secretary, Occupational Safety and court decision overturned policy that had places. Health Administration, OSHA Docket Of- been in place for 40 years by limiting en- fice, U.S. Department of Labor, Wash- No employer, union, or individual could pos- ington, DC. forcement of OSHA’s injury recordkeeping sibly want OSHA inspecting safe workplaces regulations to a six month period. OSHA DEAR ASSISTANT SECRETARY MICHAELS: As publishes the data that it collects from em- rather than hazardous ones, but without accu- you well know, the more than 37,000 member ployers on worksite injury and illness which rate information, this will happen. safety, health and environmental (SH&E) is then utilized by employers, unions, and Disapproval of the new rule puts construc- professionals of the American Society of workers to identify and fix workplace haz- tion workers lives in danger. Safety Engineers (ASSE) intimately know ards. With limited resources, OSHA also uti- Without the new rule, it will be impossible the details of collecting workplace injury lizes the data to target its enforcement and for OSHA to effectively enforce recordkeeping and illness data, recording that data for em- compliance activities to the most dangerous requirements and assure that injury and illness ployers, and the careful work needed to re- workplaces thus making it essential that port that data to the Occupational Safety records are complete and accurate. and Health Administration (OSHA). Perhaps OSHA have accurate information. With Underreporting of injuries and illnesses is al- under-reporting of injury and illness data al- more than any stakeholders, our members ready a major issue, it makes no sense to ef- ready a huge problem, and without enforce- understand the value of this data in man- fectively strip OSHA of its ability to enforce ment, this will get much worse. aging workplace safety and health risks as reporting requirements as this ultimately It will undermine safety and health and put well as its appropriate use by OSHA in devel- impacts workplace safety. Congress should workers in danger. oping better means to focus the agency’s re- be working to improve work place safety not I strongly oppose H.J. Res. 83 and urge all sources on the most difficult risks facing undermine it, and voting for H.J. Res 83 will Members to vote against this ill-conceived and American workers. Our members use injury ultimately harm working men and women. unwise legislation. and illness data to help them protect work- I urge you to oppose H.J. Res. 83 to protect Mr. BYRNE. Mr. Speaker, I yield my- ers. They expect no less of an effective OSHA’s ability to enforce accurate injury OSHA. and illness reporting and to ensure workers self such time as I may consume. That being said, ASSE cannot support the have a safe and healthy workplace. Mr. Speaker, the gentleman from requirement that employers have a duty to Sincerely, Virginia referred to continuing viola- record an injury or illness continues for the JAMES P. HOFFA, tions. There is no provision in this law full duration of the rccord-retention-and-ac- General President. for continuing violations. cess period—five years after the end of the

VerDate Sep 11 2014 03:47 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.027 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1425 calendar year in which the injury or illness panies, face a difficult uphill climb in selling tional safety and health professionals better became recordable—that OSHA proposes in their employers risk management and mov- manage workplace safety and hcalth will its July 29, 2015 Notice of Proposed Rule- ing from lagging to leading indicates. We not. making (NPR) Clarification of Employer’s know OSHA values these approaches also. As always, ASSE is more than willing to Continuing Obligation to Make and Maintain But when OSHA uses its limited resources to discuss these concerns further. Thank you an Accurate Record of Each Recordable In- focus on measures that do not reflect cut- for listening to our members’ views. jury and Illness [Docket No: OSHA–2015– ting-edge safety principles and push our Sincerely, 0006]. ASSE respectfully opposes the adop- members’ efforts backwards, OSHA is mak- MICHAEL BELCHER, CSP, tion of a Final Rule as proposed in this rule- ing their job more difficult. Our members President. making for the reasons that follow. value OSHA but want an OSHA that works Mr. BYRNE. What it says is that this NATURE OF VIOLATIONS with them to advance the best ideas for ad- regulation does nothing to enhance ASSE members do not look at the issues vancing workplace safety and health. Re- workplace safety. That is from the raised in this rulemaking with the same quiring this data to be available for OSHA’s American Society of Safety Engineers. viewpoint of the occupational safety and use for nearly six years does not meet our Also opposing this regulation is the members’ hope for an effective OSHA. health bar that, no doubt, will provide sub- Coalition for Workplace Safety. I in- stantive legal arguments against the case DIRECT BURDEN clude in the RECORD a letter from them OSHA makes for addressing the Volks II de- ASSE is also concerned that the OSHA’s dated February 17 of this year. cision through this rulemaking. Rather, our estimates of the direct burden this rule- members’ view is a practical one that comes making will place on employers are inad- COALITION FOR WORKPLACE SAFETY, from years of experience on the job as the equate. The economic analysis states that February 17, 2017. professionals charged with meeting OSHA’s there will not be a new cost burden. This was Hon. PAUL RYAN recordkeeping requirements. based on a 2001 analysis that it takes 0.38 Speaker, House of Representatives, Our members know the inadvertent mis- hour to record an injury or illness, with a Washington, DC. takes they themselves can make in record- total cost per case of $17.75. From an infor- Hon. KEVIN MCCARTHY, keeping and reporting. They also know what mal survey of involved ASSE members, a Majority Leader, House of Representatives, they typically find when they are hired by a more realistic estimate is that an hour is Washington, DC. company to help improve workplace safety needed for each case over the five-year pe- Hon. STEVE SCALISE, and health. As they assess the workplace’s riod, taking into account the variety of Majority Whip, House of Representatives, risks and past safety performance to help tasks involved, including determining if Washington, DC. them develop safety and health management there was medical treatment beyond first Hon. VIRGINIA FOXX, plans, the reporting mistakes our members aid, verifying lost and restricted day counts, Chairwoman, Committee on Education & the typically find are not very often the worst and adjusting for changes in the status of a Workforce, Washington, DC. cases that, unfortunately, seem to be cre- case. An updated economic analysis is need- Hon. BRADLEY BYRNE, ating this rulemaking. The errors in report- ed, which we urge OSHA to conduct before a Chairman, Subcommittee on Workforce Protec- ing they see are, by far, minor, isolated, and, Final Rule is proposed. tions, Washington, DC. if continuing, it is only in the sense that a DEAR SPEAKER RYAN, MAJORITY LEADER A MEASURE OF THE PROBLEM typo can be repeated day after day. MCCARTHY, MAJORITY WHIP SCALISE, CHAIR- They also see mistakes that come from a Related to our members’ concern over the WOMAN FOXX, AND CHAIRMAN BYRNE: The un- widespread lack of understanding of OSHA’s rulemaking’s direct burdens on employers is dersigned groups strongly urge you to intro- detailed reporting requirements. When sea- OSHA’s failure to discuss in the NPR why duce and move a Congressional Review Act soned safety and health professionals con- OSHA faces such difficulty in obtaining ade- (CRA) joint resolution of disapproval to in- sistently use ASSE’s educational con- quate data from employers. No doubt, em- validate the Obama Administration’s OSHA ferences, our social media, and opportunities ployers are responsible for meeting OSHA’s regulation overturning the decision in Volks to meet with OSHA staff through the ASSE- reporting requirements. Our members sus- regarding the statute of limitations for rec- OSHA Alliance to get the best and latest in- pect that OSHA’s reporting rules and. dead- ordkeeping violations. formation about OSHA recordkeeping re- lines are not effective and cost employers At its core, the Volks Rule is an extreme quirements, we know that, even for them, unnecessarily. abuse of authority by a federal agency that the task of meeting those requirements can Before requiring more extensive reporting, will subject millions of American businesses be too often confusing. Given that the vast it would be helpful both to OSHA and the to citations for paperwork violations, while majority of employers report to OSHA with- safety and health community to know more doing nothing to improve worker health and out the help of a safety and health profes- about why employers do not report. How safety. Finalized on December 19, 2016, the sional, it is not difficult to see that the sig- many employers blatantly disregard the re- rule attempts to extend to five years the ex- nificant increase in records retention that quirements and how many are simply mak- plicit six month statute of limitations on recordkeeping violations in the Occupational OSHA is attempting to require of employers ing errors? What do employers and their Safety and Health (OSH) Act of 1970. This here will not succeed in a significant impact workers not understand about the require- regulation simultaneously represents one of on safety and health among American work- ments? What training or level of expertise the most egregious end runs around Con- ers. would help fill the gaps in reporting that OSHA believes exist? We urge OSHA to ex- gress’ power to write the laws and a clear UNINTENDED CONSEQUENCES amine these issues as an. extension of its challenge to the judicial branch’s authority No reporting error is excusable. But a com- economic analysis. With more knowledge, to prevent an agency from exceeding its au- pany’s errors to which OSHA is determined there may be better ways to address record- thority to interpret the law. to have access to for a period that can be up keeping that can support better employer re- In 2012, citing the unambiguous language to six years through this rulemaking will porting. in the OSH Act, the U.S. Court of Appeals for not very often correlate to the risks facing the District of Columbia held that OSHA workers, especially the risks a safety and CONCLUSION could not sustain citations against an em- health professional is trying to address for As we say above, our members want a ployer for alleged recordkeeping violations the company in the present. The statements strong and effective OSHA, But their view of that occurred more than six months before OSHA makes about the value of data col- an effective OSHA is an OSHA that can em- the issuance of the citation because, as the lected through current injury and illness rec- brace the best our members already under- employer asserted, they were outside the six ordkeeping are merely conclusory and are stand about how to achieve safe and healthy month statute of limitations set forth in the counter to our members’ experience. workplaces. An OSHA injury and illness pre- OSH Act. The court was unequivocal in its Measured against our members’ belief that vention plan standard that is truly risk- rebuke of OSHA. Judge Janice Rogers Brown the additional data will provide little help to based would help make OSHA more effective. expressed particular concern on the issue of them or OSHA, they are particularly con- Greater reliance on control banding to the agency’s overstepping its authority: ‘‘we cerned that this rulemaking can only suc- achieve better protection limits, as we have were rightly troubled by the notion of being ceed in driving more employers towards recently suggested to OSHA, would. Estab- asked by an agency to expand that agency’s greater expectations that safety and health lishing professional competencies to define enforcement authority when Congress had professionals will focus energy and resources ‘‘competent person’’ in OSHA standards evidently not seen fit to do so.’’ Judge on collecting and reporting the lagging indi- would. Finding a better way to update con- Merrick Garland, in his concurrence, plainly cators that OSHA requires, taking them sensus standards in OSHA’s standards would. rejected OSHA’s rationale for issuing the away from risk assessment and management Rethinking OSHA’s reporting requirements fines, ‘‘the Secretary’s contention—that the tasks and their efforts to move their employ- to help move employers towards leading in- regulations that Volks was cited for vio- ers towards performance measurements dicators and more advanced ways to measure lating support a ‘continuing violation’ the- based on leading indicators that we know safety performance certainly would. The ory—is not reasonable.’’ The Volks decision can better measure a company’s safety and areas where OSHA and our members agree on has since been endorsed by the Fifth Circuit health performance. making OSHA more effective are many. Add- in the Delek decision, issued in December Many of our members, especially those ing lengthier reporting burdens that will do 2016, where the court found ‘‘its reasoning who work in or for mid-sized and small com- little to help OSHA, employers or occupa- persuasive.’’

VerDate Sep 11 2014 02:09 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.030 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1426 CONGRESSIONAL RECORD — HOUSE March 1, 2017 In response to the Court of Appeals ruling, Society; North American Die Casting Asso- it and use the information we collect OSHA promulgated this regulation specifi- ciation; North American Meat Institute. to continue to evolve our laws to pro- cally to negate the Volks case ruling and ex- Plastics Industry Association (PLASTICS); tect workers. tend liability for paperwork violations be- Power and Communication Contractors As- I urge my colleagues to vote ‘‘no.’’ yond the six month window permitted under sociation; Precision Machined Products As- Mr. BYRNE. Mr. Speaker, I yield my- the Act. OSHA issued the final rule in the sociation; Precision Metalforming Associa- waning days of President Obama’s Adminis- tion; Printing Industries of America; Retail self such time as I may consume. tration with an effective date of January 19, Industry Leaders Association; Sheet Metal Mr. Speaker, I would remind the gen- 2017. Although the regulation was issued in and Air Conditioning Contractors National tleman that the experts on this, the December, it was not submitted to Congress Association; Shipbuilders Council of Amer- American Society of Safety Engineers, until January 4, meaning that the window ica; Southeastern Cotton Ginners Associa- have said that this regulation does not for CRA consideration is for a regulation tion, Inc.; Texas Cotton Ginners’ Associa- enhance workplace safety. So if we are that has just been issued, and is therefore tion; The Association of Union Constructors about workplace safety, this regulation shorter than if it was being considered under (TAUC); Thomas W. Lawrence, Jr.—Safety isn’t it. Let’s talk about something the ‘‘reset’’ provisions of the CRA. and Compliance Management; Tile Roofing We urge you to help put a stop to OSHA’s that will help with workplace safety, Institute; Tree Care Industry Association; not something that is a lawless power abuse of its authority and support swift pas- TRSA—The Linen, Uniform and Facility sage of a joint resolution of disapproval for Services Association; U.S. Chamber of Com- grab by a Federal agency. this burdensome, unlawful rule. Because the merce; U.S. Poultry & Egg Association. Mr. Speaker, I reserve the balance of my time. final rule directly contradicts both clear Mr. BYRNE. To the point, there is statutory language and two U.S. Courts of Mr. SCOTT of Virginia. Mr. Speaker, Appeals rulings, it must not be allowed to nothing in this statute that allows for I yield 2 minutes to the gentleman stand. continuing violations, and there is from California (Mr. TAKANO), a hard- Thank you for your consideration of this nothing in this regulation that pro- working member of the Committee on request and for your continued efforts to vides for workplace safety. This is a Education and the Workforce. rein in agency overreach and reduce the reg- power grab by an agency in violation of Mr. TAKANO. Mr. Speaker, I thank ulatory burden on America’s job creators. its authorizing statute and by a clear Sincerely, the gentleman for yielding. Air Conditioning Contractors of America; decision of this circuit court of ap- Mr. Speaker, I rise today in opposi- American Bakers Association; American peals. tion to rolling back workplace safety Coke and Coal Chemicals Institute; Amer- Mr. Speaker, I reserve the balance of protections for American workers. This ican Composites Manufacturers Association; my time. use of the Congressional Review Act American Farm Bureau Federation; Amer- Mr. SCOTT of Virginia. Mr. Speaker, would endanger employees and throw ican Feed Industry Association; American I yield myself such time as I may con- away four decades of precedent for the Foundry Society; American Fuel and Petro- sume before I yield to the gentleman sole purpose of protecting companies chemical Manufacturers; American Health from Florida. that repeatedly violate safety stand- Care Association; American Iron and Steel The law requires the keeping the Institute; American Road and Transpor- ards. tation Builders Association; American Soci- records for 5 years. If there are bogus The Occupational Safety and Health ety of Concrete Contractors; American Sub- records, you ought to have an obliga- Administration, commonly known as contractors Association, Inc.; American Sup- tion to keep them correct. That has OSHA, is among the best tools we have ply Association; American Trucking Asso- been the interpretation for 40 years, up to ensure that companies adhere to ciations. until this decision. basic safety standards. Because the Asphalt Roofing Manufacturers Associa- We need the money to do their job. If agency’s budget is so small compared tion; Associated Builders and Contractors; they do their job, if we provide them to its critical task, OSHA relies on ac- Associated General Contractors; Associated with some funding, they can show up Wire Rope Fabricators; Copper & Brass Fab- curate data to focus on the companies ricators Council, Inc.; Corn Refiners Associa- more than once every 140-some years. that pose the greatest danger to em- tion; Distribution Contractors Association; We keep talking about a court deci- ployees. Flexible Packaging Association; Global Cold sion that affected another resolution, The previous administration sought Chain Alliance; Independent Electrical Con- not this one. to clarify and codify the responsibility tractors; Industrial Minerals Association— Mr. Speaker, I yield 1 minute to the companies have to maintain an honest North America; Institute of Makers of Explo- gentleman from Florida (Mr. SOTO). record of their employees’ injuries and sives; International Dairy Foods Associa- Mr. SOTO. Mr. Speaker, this is a sim- illnesses. This resolution would under- tion; International Foodservice Distributors ple issue: Do we want to make work- mine OSHA’s ability to target serial of- Association; International Franchise Asso- places safer? Do we want to keep work- ciation. fenders by removing companies’ obliga- International Warehouse Logistics Asso- ers from getting hurt on the job? Of tion to keep reliable data about safety ciation; IPC-Association Connecting Elec- course, we do. issues in the workplace. If passed into tronics Industries; Leading Builders of In order to protect workers, we need law, the resolution would essentially America; Mason Contractors Association of good data on where injuries are hap- grant amnesty to companies with years America; Mechanical Contractors Associa- pening so we can work with employers of workplace safety violations, while tion of America; Mike Ray; Motor & Equip- to stop them. sending a clear message to employers ment Manufacturers Association; National Sometimes the other side says com- that the Federal Government is no Association for Surface Finishing; National monsense protections like this are too Association of Home Builders; National As- longer committed to worker safety. sociation of Manufacturers; National Asso- expensive or they kill jobs or they sti- Mr. Speaker, I have asked the ques- ciation of Professional Employer Organiza- fle innovation. None of those is even tion many times since the President tions; National Association of the Remod- remotely true here. took office, and I will ask it again eling Industry; National Association of The protections this resolution would today: How does this give power back Wholesaler-Distributors; National Auto- take away cost nothing. Responsible to the people? How does undermining mobile Dealers Association; National Center employers are already keeping these workplace safety regulations support for Assisted Living; National Chicken Coun- records. That is why the coalition op- middle class Americans? How does pro- cil. National Cotton Ginners’ Association; Na- posing this resolution includes workers tecting companies that repeatedly vio- tional Demolition Association; National rights advocates and a whole lot of late safety standards improve the life Electrical Contractors Association; National other folks like public health practi- of workers? The answer is that it Federation of Independent Business; Na- tioners. These are not political people. doesn’t. tional Grain and Feed Association; National These are just people who work every I call on my colleagues to stand with Lumber and Building Material Dealers Asso- day to help Americans lead safe, working Americans who deserve a safe ciation; National Oilseed Processors Associa- healthy lives. workplace and vote ‘‘no’’ on this reso- tion; National Restaurant Association; Na- This is not about President Obama or lution. tional Retail Federation; National Roofing power grabs. It is about protecting the Mr. Speaker, I include in the RECORD Contractors Association; National School Transportation Association; National Tool- American worker. a letter from the UAW opposing the re- ing and Machining Association; National The 6-month period is a setup which peal of this rule and also a letter from Turkey Federation; National Utility Con- will lead to less enforcement. Rather National Nurses United in opposition tractors Association; Non-Ferrous Founders’ than eliminating the rule, let’s codify to H.J. Res. 83.

VerDate Sep 11 2014 03:47 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.031 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1427 UAW, gressional Review Act (CRA) resolution er protection laws, NNU urges you to oppose February 28, 2017. denudes the agency of the tools necessary to H.J. Res. 83. DEAR REPRESENTATIVES: On behalf of the identify and target patterns of workplace Sincerely, more than one million active and retired hazards. These recordkeeping requirements BONNIE CASTILLO, RN, members of the International Union, United are fundamental to OSHA’s ability to pro- Director of Health and Safety. Automobile, Aerospace and Agricultural Im- tect workers from job-related health and Mr. BYRNE. Mr. Speaker, I yield my- plement Workers of America, UAW, we safety hazards. But H.J. Res. 83 would leave self such time as I may consume. strongly urge you to oppose H.J. Res 83. This OSHA with no functional mechanism to pro- Mr. Speaker, I appreciate the com- tect workers from longstanding workplace misguided resolution undermines workplace ments of the gentleman from Cali- health and safety standards in the most dan- hazards—health and safety dangers on the gerous industries. The proposed legislation job would go undisclosed and uncorrected. fornia. He said that, if we pass this res- will make it much harder for the Occupation Congress must oppose this GRA resolution olution, we will be granting amnesty to Safety and Health Administration (OSHA) to lest it place the health and safety of workers bad actors. We are not granting am- ensure the safety and health of America’s in serious jeopardy. nesty to bad actors. They will have no workers. The published final rule, known as the amnesty if OSHA does its job in a time- Since the early 1970s, OSHA has required ‘‘Volks Rule,’’ is a common-sense measure ly fashion. Five years is not timely employers to maintain a safety record for meant to align OSHA regulations with its 40- under anybody’s commonsense defini- year-long practice of enforcing employer in- five years and make reports to the Depart- tion. They need to do their job within ment of Labor (DOL). These records are used jury and illness recordkeeping requirements as continuing violations under of the Occu- the 6 months that we have allowed for by workers and employers to identify haz- them to do it, and they have the tools ards, fix them, and most importantly, keep pational Safety and Health Act of 1970 (OSH accidents from happening in the future. DOL Act). Under the OSH Act, Congress author- to do their job within 6 months. utilizes these records to publish statistics on ized OSHA to promulgate rules requiring em- So there is no amnesty being granted workplace injury and illness rates and OSHA ployers to maintain accurate records of here. We are expecting a Federal agen- relies on them to allocate scarce resources. workplace injuries and illnesses. Since 1972, cy that has a lot of money and has a OSHA issued the recordkeeping rule to under multiple Republican and Democratic lot of power to simply do its job within clarify an employer’s responsibility to main- Administrations, OSHA has required most 6 months, and they come forward and tain a safe workplace. The rule does not im- employers to make and maintain records of try to make a new statute of limita- pose any new costs or obligations on employ- workplace injuries and illnesses for five years from the date of the injury or illness. tions because they don’t do their job ers and only covers larger businesses with within 6 months. the most high risk occupations. Each OSHA Administration has determined that the five-year record maintenance re- I say to this body, I would say to peo- Accurate injury and illness records are ple outside this body, it is time for critically important for workers and their quirements were continuing obligations of families. Having the necessary tools to col- employers and that OSHA citations could be OSHA to get its job done in the time lect complete and accurate data on work-re- issued if a violation were identified any time allotted by the United States Congress lated injuries and illnesses is a key compo- within that five-year period. But a 2012 deci- and not come running out with some nent in reducing, mitigating, and elimi- sion by the D.C. Circuit Court of Appeals in unilateral change in the statute which nating hazards and deaths in the workplace. Volks Constructors v. Secretary of Labor they have no power to do because, for Historically, OSHA has assessed and en- held that OSHA could not issue a record- some reason, they don’t think they can forced injury recordkeeping requirements keeping citation beyond a six-month period despite the long-standing five-year record- do it. under every administration. In turn, workers Mr. Speaker, I reserve the balance of in America have enjoyed a much safer work keeping requirements. There was a gap in OSHA regulations, and the Volks Rule would my time. environment. We must not take away or re- Mr. SCOTT of Virginia. Mr. Speaker, duce OSHA’s role in improving health and fix it, making agency recordkeeping rules consistent with its decades-long enforcement I yield myself the balance of my time. safety conditions for workers and we must Mr. Speaker, there are 2,000 inspec- ensure the accuracy of the reporting require- practices. To fulfill its statutory duties to protect ments. Tremendous gains have been made in tors at OSHA. There are 8 million work America’s workforce from workplace safety workplace hazard reporting. We cannot go sites. We can’t expect them to visit and health hazards, OSHA depends on its backwards. every 6 months when the funding only ability to enforce injury and illness record- The UAW members have a long and storied allows them to visit each workplace keeping requirements. For OSHA to identify history of securing workplace protections for workplace hazards and to develop effective once every 140-some years. You would all of America’s workers. This bill under- means to correct those hazards, complete have to show up at each place every 6 mines those gains and more than 40 years of and accurate information about what, where, months to catch these violations with- solid science and practice. when, and how injuries and illnesses occur in in that timeframe. We urge you to resoundingly reject H.J. the workplace is vital. OSHA uses this infor- Mr. Speaker, for 40 years, the obliga- Res 83 and vote No when it comes to the mation to develop injury prevention plans floor. tion to record these injuries has been and to efficiently direct OSHA’s scarce re- Sincerely, considered a continuing obligation. If sources to worksites that pose the most seri- JOSH NASSAR, the purpose is to overrule the regula- ous hazards for workers. Reliable workplace Legislative Director. tion because it is inconsistent with the injury data is also fundamental to the devel- statute, then we should fix the statute. opment and maintenance of effective occupa- NATIONAL NURSES UNITED, tional health and safety standards. More- But this resolution just gives relief to February 27, 2017. over, federal, state, and local officials also those who fail to record injuries and Re Letter in Opposition to H.J. Res. 83, Con- need reliable injury and illness data during illnesses in violation of their legal obli- gressional Review Act Resolution to procurement processes, ensuring that tax- gation to do so. Block OSHA Injury and Illness Record- payer dollars to contractors and subcontrac- As Americans discover the plan to re- keeping Clarification Rule. tors are going to fair and safe workplaces. peal this OSHA rule through a resolu- Hon. VIRGINIA FOXX, The elimination of OSHA’s ability to en- tion of disapproval, there are a lot of Chair, Committee on Education and the Work- force rules on workplace safety records al- professional organizations, in addition force, House of Representatives, Wash- lows—and even incentivizes—employers to to the ones that have already been in- ington, DC. obscure ongoing workplace hazards. It would Hon. ROBERT SCOTT, be nearly impossible for OSHA to identify a troduced, that have been alarmed by Ranking Member, Committee on Education and recordkeeping violation and conduct a com- this resolution. the Workforce, House of Representatives, prehensive investigation within six months The American Public Health Associa- Washington, DC. of the injury or illness, instead of the full tion has written: DEAR CHAIRWOMAN FOXX AND RANKING five-year recordkeeping period. Chronic Injury and illness records are invaluable MEMBER SCOTT: On behalf of over 150,000 underreporting—left unchecked if the Volks for employers, workers and OSHA to monitor members across the country and as the larg- Rule was halted—erodes OSHA inspectors’ the cause and trends of illnesses and injuries. est organization representing registered ability to enforce the country’s occupational Such data is essential for determining appro- nurses in the United States, National Nurses health and safety laws and allows patterns of priate interventions to prevent other work- United (NNU) urges you to oppose H.J. Res. serious health and safety violations to per- ers from experiencing the same harm. . . . 83, which would block the Occupational Safe- sist. The CRA resolution would gravely For decades, the public health community ty and Health Administration’s (OSHA) final weaken workplace health and safety protec- and government agencies have identified a rule clarifying employers’ continuing obliga- tions, exposing workers to serious harm widespread undercount of work-related inju- tions to record workplace injuries and ill- while on the job. ries and illnesses. This includes investiga- nesses. By revoking OSHA’s authority to en- Because workers deserve the full and effec- tions by the GAO, the Bureau of Labor Sta- force recordkeeping requirements, this Con- tive enforcement of the panoply of our work- tistics and academic researchers. H.J. Res. 83

VerDate Sep 11 2014 04:35 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.033 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1428 CONGRESSIONAL RECORD — HOUSE March 1, 2017 will have dire consequences for injury pre- records. This comprehensive assessment al- We urge you to stand up for workers and vention and undermine 40 years of occupa- lowed the agency to identify widespread workplace safety and oppose this resolution. tional injury surveillance in the United underreporting by some employers, which Sincerely, States. was masking serious injuries and hazards. GEORGES C. BENJAMIN, MD., The AFL–CIO has written: OSHA was able to take strong enforcement Executive Director. action which brought about changes in in- In the absence of enforcement, there is no jury recordkeeping practices, but also led to FEBRUARY 28, 2017. question that the underreporting of injuries, significant safety and health improvements Hon. PAUL RYAN, already a widespread problem, will get much to address hazards and prevent future inju- Speaker of the House, worse, undermining safety and health and ries. Washington, DC. putting workers in danger. Without the new rule, it will be impossible Hon. NANCY PELOSI, b 1600 for OSHA to effectively enforce record- Minority Leader, Washington, DC. A group of 66 professional workplace keeping requirements and assure that injury and illness records are complete and accu- Hon. VIRGINIA FOXX, safety groups wrote: rate. In the absence of enforcement, there is Chair, Committee on Education and the Work- The OSHA clarifying rule on maintaining no question that the underreporting of inju- force, Washington, DC. accurate records imposes no new costs to ries, already a widespread problem, will get Hon. ROBERT SCOTT, business, but is critical to assuring that much worse, undermining safety and health Ranking Member, Committee on Education and workplace fatalities and injuries are pre- and putting workers in danger. the Workforce, Washington, DC. vented. The AFL–CIO asks you to stand up for the DEAR SPEAKER RYAN, MINORITY LEADER Mr. Speaker, I include these letters safety and health of American workers and PELOSI, CHAIRMAN FOXX, AND RANKING MEM- BER SCOTT: We the undersigned organizations in the RECORD. to reject H.J. Res. 83. write in strong opposition to H.J. Res 83, a AFL–CIO Sincerely, WILLIAM SAMUEL, Congressional Review Act Resolution of Dis- LEGISLATIVE ALERT, Director, Government Affairs Department. approval that would repeal an Occupational February 27, 2017. Safety and Health Administration (OSHA) DEAR REPRESENTATIVE: The AFL–CIO urges rule that clarifies an employer’s responsi- AMERICAN PUBLIC you to oppose H.J. Res 83, a Congressional bility to maintain accurate records of seri- Review Act Resolution of Disapproval that HEALTH ASSOCIATION, Washington, DC, February 27, 2017. ous work related injuries and illnesses. This would repeal an Occupational Safety and resolution will undermine workplace health Health Administration (OSHA) rule that Hon. VIRGINIA FOXX, Chair, Committee on Education and the Work- and safety in the most dangerous industries. clarifies an employer’s responsibility to This OSHA clarifying rule does not impose force, Washington, DC. maintain accurate records of serious work- any new costs nor any new obligations to Hon. ROBERT C. SCOTT, related injuries and illnesses. This resolution covered employers, nor does it affect small Ranking Member, Committee on Education and will make it impossible for OSHA to ensure businesses. It simply clarifies OSHA’s au- the Workforce, Washington, DC. that injury and illness records are complete thority to hold employers accountable for DEAR CHAIRWOMAN FOXX AND RANKING and accurate and undermine workplace their longstanding obligation to maintain MEMBER SCOTT: On behalf of the American health and safety. accurate injury records, a requirement that Public Health Association, a diverse commu- The rule, issued in December 2016, is in re- has been in effect since the Nixon Adminis- nity of public health professionals who sponse to a court decision that limited en- tration. Further, the rule only covers larger champion the health of all people and com- forcement of OSHA’s injury recordkeeping employers in the most dangerous industries. regulations to a six month period—a dra- munities, I write to oppose H.J. Res. 83, a For over 40 years, only larger employers in matic departure from OSHA’s 40 year policy resolution that would use the Congressional high hazard industries have been required to and practice. The six month restriction Review Act to void an important Depart- maintain records of serious work related in- makes it impossible for OSHA to enforce the ment of Labor policy which clarifies an em- juries and illnesses. OSHA regulations, Act’s injury recordkeeping requirements, ployer’s obligation to make and maintain ac- issued in the 1970’s, require employers to since OSHA does not have the resources to curate records of work-related injuries and maintain records for five years. Since then, conduct regular inspections of even the most illnesses. The Occupational Safety and the Department’s longstanding position has hazardous workplaces. Indeed, currently fed- Health Administration issued this regulation been that an employer had an ongoing duty eral OSHA is only able to inspect workplaces in December 2016 in response to an opinion to assure that those records were accurate. on average, only once every 140 years. The issued by the U.S. Court of Appeals for the The Department of Labor uses these records new rule creates no new obligations on em- D.C. Circuit. as the basis for published statistics on work- ployers. It simply makes clear that employ- Public health professionals understand the place injury and illness rates and OSHA uses ers have a responsibility to maintain accu- critical importance of accurate information them to allocate scarce agency resources for rate injury and illness records for 5 years to help identify hazards in order to develop compliance assistance and enforcement. Em- and during this time can be held accountable and implement better health and safety pro- ployers use these records as a guide to iden- for violations if records are not complete and tections. One important source of that infor- tify and fix job dangers that injure and maim accurate. mation is the records some employers are re- workers. The collection of complete and accurate quired to keep on work-related injuries and This rule is needed because in 2012, a court information on work-related injuries and ill- illnesses. These records are invaluable for decision overturned 40 years of record- nesses is a cornerstone of the Occupational employers, workers and OSHA to monitor keeping precedent and made it impossible for Safety and Health Act of 1970. The Act di- the cause and trends of injuries and illnesses. OSHA to enforce against recordkeeping vio- rects the Secretary of Labor to ‘‘prescribe Such data is essential for determining appro- lations in dangerous industries that are regulations requiring employers to maintain priate interventions to prevent other work- more than six months old. One of the three accurate records of, and make periodic re- ers from experiencing the same harm. judges indicated that OSHA could enforce for ports on, work-related deaths, injuries and The regulation clarified for employers continuing violations of its recordkeeping illnesses other than minor injuries.’’ Since their ongoing obligation to maintain an ac- rule if the agency clarified its regulation. the early 1970’s, OSHA has required employ- curate and complete record of workplace in- The rule that is the subject of H.J. Res 83 ers in the more hazardous industries to keep juries and illnesses. It reiterated a long- remedies the problem and clarifies that these records and make reports to the De- standing policy that an employer’s duty to OSHA may enforce for continuing violations partment of Labor. These records form the record an injury on an OSHA log does not ex- for the failure to record serious work related basis of the Bureau of Labor Statistics’ pire. It explained to employers that keeping injuries and illnesses. (BLS) work-related injury and illness statis- a record of an injury is an ongoing require- Accurate injury and illness records are vi- tics which are used to identify high-risk in- ment even if an employer failed to record the tally important to the protection of workers. dustries and occupations and emerging prob- injury or illness at the time it occurred. They are the most important tool that em- lems and to track progress. OSHA relies on OSHA requires employers to keep and main- ployers and government use to identify and the records to target its enforcement and tain accurate records of injuries until the eliminate job hazards that kill over 4,800 compliance assistance activities to dan- five-year records retention period expires. workers a year and seriously injure almost 3 gerous workplaces. And the records are used For decades, the public health community million more. OSHA can only inspect every by employers, workers and unions at the and government agencies have identified a workplace under its jurisdiction once every workplace to identify hazardous conditions widespread undercount of work-related inju- 140 years. If employers have no obligation to and take corrective action to prevent future ries and illnesses. This includes investiga- maintain accurate records during the five injuries and exposures. tions by the Government Accountability Of- year retention period, worker health and To ensure the accuracy of this critical in- fice, the Bureau of Labor Statistics and aca- safety will be seriously jeopardized. formation, throughout its entire history, demic researchers. H.J. Res. 83 will have dire We are organizations that strongly support under every administration, OSHA enforced consequences for injury prevention and un- ensuring safer workplaces and protecting injury recordkeeping requirements by re- dermine 40 years of occupational injury sur- workers from serious workplace hazards. We viewing the last five years of an employer’s veillance in the U.S. ask you to stand with American workers and

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oppose H.J. Res 83. The OSHA clarifying rule THE ASSOCIATED GENERAL 21,000 chapter members, I am writing to ex- on maintaining accurate records imposes no CONTRACTORS OF AMERICA, press our strong support for H.J. Res. 83, in- new costs to business, but is critical to as- Arlington, VA, February 28, 2017. troduced by Rep. Bradley Byrne (R–Ala.), suring that workplace fatalities and injuries Re AGC Key Vote—Support Joint Resolution which would block implementation of the are prevented. Disapproving of ‘‘Volks Rule.’’ Occupational Safety and Health Administra- Sincerely, Hon. PAUL RYAN, tion’s (OSHA) ‘‘Volks’’ final rule. Also 9to5, National Association of Working House of Representatives, known as Clarification of an Employer’s Women; American Federation of Govern- Washington, DC. Continuing Obligation to Make and Maintain ment Employees; American Federation of DEAR SPEAKER RYAN: On behalf of the As- an Accurate Record of Each Recordable In- Labor—Congress of Industrial Organizations sociated General Contractors of America jury and Illness, the final rule extends the (AFL–CIO); American Federation of Teach- (AGC) and its 26,000 commercial construction time period in which an employer may be ers (AFT); Asbestos Disease Awareness Orga- company members, I strongly urge you to cited by OSHA for recordkeeping violations nization; Blue Green Alliance; Connecticut support the Congressional Review Act (CRA) from six months to up to five years. ABC Council on Occupational Safety and Health; joint resolution of disapproval to stop the urges you to vote ‘‘yes’’ on H.J. Res. 83 and Communication Workers of America; Coun- Occupational Safety and Health Administra- will consider this a KEY VOTE for our 115th cil of State and Territorial Epidemiologists; tion’s (OSHA) expansion of the statute of Congressional Scorecard. District 1199C Training & Upgrading Fund; limitations for recordkeeping violations in Currently, the Occupational Safety and Earthjustice; Economic Policy Institute Pol- the ‘‘Volks Rule.’’ AGC will score this vote Health (OSH) Act clearly states the statute icy Center; Fair World Project; Family Val- as a key vote for the education of its mem- of limitations for recordkeeping violations is ues @ Work; Farmworker Justice. bers on its congressional candidate score- six months. The D.C. Circuit Court of Ap- peals also unanimously issued a decision Fe y Justicia Worker Center; Food & cards. holding OSHA could not issue a citation for Water Watch; Futures Without Violence; This resolution repeals a rule that was a recordkeeping violation beyond the six- Health Professional and Allied Employees issued by OSHA as a challenge to the judicial month statute of limitations, and it was AFT/AFL–CIO; Institute for Science and branch and congressional authority. Section later endorsed by the 5th Circuit Court of Human Values, Inc.; Interfaith Worker Jus- 9 of the Occupational Safety and Health Act Appeals in the Delek case. The Obama ad- tice; International Brotherhood of Team- subsection (c) says ‘‘No citation may be ministration’s final rule not only contradicts sters; International Union, United Auto- issued under this section after the expiration the clear statutory language of the OSH Act, mobile, Aerospace & Agricultural Implement of six months following the occurrence of but also two federal appeals courts. Workers of America, UAW; Jobs with Jus- any violation.’’ That seems pretty clear and Nullifying the ‘‘Volks’’ rule does not re- tice; Kentucky Equal Justice Center; Knox the courts agreed. In 2012, the U.S. Court of move an employer’s obligation to record in- Area Workers’ Memorial Day Committee of Appeals for the District of Columbia Circuit juries or illnesses. OSHA still has the right Knoxville, Tennessee; Labor & Employment held in AKM LLC dba Volks Constructors v. to cite employers for a recordkeeping viola- Committee of the National Lawyers Guild; Secretary of Labor that section 8(c) of the tion under the OSH Act. ABC members un- Labor Project for Working Families. OSH Act (the section that requires accurate derstand that safety and health practices are recordkeeping) does not supersede 9(c) and Legal Aid at Work; Los Angeles Alliance inherently good for business; however, this therefore does not permit a continuing viola- for a New Economy (LAANE); Massachusetts rulemaking does nothing to improve work- tion for paperwork errors and that the agen- Law Reform Institute; NAACP; National place safety and is simply a paperwork bur- cy is overstepping its authority. Addition- Center for Law and Economic Justice; Na- den. OSHA’s promulgation of this rule- ally, in 2016 the Fifth Circuit endorsed the tional Employment Lawyers Association; making is a clear overstepping of its author- Volks decision in Delek Ref. Ltd. v. Occupa- National Employment Law Project; National ity and a contradiction of the OSH Act and tional Safety & Health Review Commission. Guestworker Alliance; National LGBTQ U.S. Court of Appeals decisions. Task Force Action Fund; National Organiza- When OSHA issued its rule, it deliberately We urge you to SUPPORT H.J. Res. 83 and tion for Women; National Partnership for and specifically designed the rule to counter we thank Rep. Byrne for introducing this im- Women and Families; Natural Resources De- the ruling in the Volks case. Because the portant resolution and look forward to work- fense Council. final rule directly contradicts both clear ing with Congress to restore the rule of law. Nebraska Appleseed Center for Law in the statutory language and two U.S. Courts of Sincerely, Appeals rulings, it must not be allowed to Public Interest; New Labor; New Rules for KRISTEN SWEARINGEN, Global Finance; Occupational Health Clin- stand. Vice President of Legislative & ical Centers; Oxfam; Policy Matters Ohio; The rule is designed to be punitive. It is a Political Affairs. Progressive Congress Action Fund; Public regulatory attempt to expand opportunities Citizen; Resisting Injustice and Standing for to cite companies for paperwork violations. NATIONAL ASSOCIATION OF HOME Equality (RISE); Restaurant Opportunities It was issued in the waning days of the BUILDERS, Centers United; Rhode Island Center for Jus- Obama Administration as an attempt to get Washington, DC, February 27, 2017. tice; Santa Clara County Wage Theft Coali- around the existing statute of limitations for Hon. PAUL RYAN, tion; Sargent Shriver National Center on recordkeeping violations and expand that Speaker, House of Representatives, Poverty Law. limitation to sixty-six months. It creates no Washington, DC. SafeWork Washington; Service Employees new recordkeeping requirements. It does not DEAR SPEAKER RYAN: On behalf of the more International Union (SEIU); Southern Pov- change the data required under record- than 140,000 members of the National Asso- erty Law Center (SPLC); Union of Concerned keeping requirements. It does not exempt ciation of Home Builders (NAHB), I write in Scientists; United Food and Commercial smaller companies from this regulation or strong support of H.J. Res 83. This important Workers International Union (UFCW); these investigations. It does not create any legislation will disapprove OSHA’s Volks UNITE HERE International Union; United new, safer work practices. The rule tells Rule, which is nothing more than a regu- Support and Memorial for Workplace Fatali- OSHA inspectors and company employees to latory end run around Congress and the ties (USMWF); Washington State Labor fix typos from years ago rather than walking courts. If this rule is not disapproved, small Council, AFL–CIO; Western North Carolina the jobsite, providing safety training or oth- businesses will be subject to recordkeeping Workers’ Center; Workers’ Center of Central erwise preventing tomorrow’s accidents. We paperwork violations that do nothing to im- New York; Workplace Fairness; Worksafe; take worker safety very seriously and, unfor- prove worker safety. NAHB is designating WNYCOSH—Western New York Council on tunately, OSHA’s rule would require a colos- support for passage of H.J. Res 83 as a KEY Occupational Safety and Health. sal misallocation of resources. That is why VOTE. we urge you to support the Congressional Finalized on December 19, 2016, the rule at- Mr. SCOTT of Virginia. Mr. Speaker, Review Act resolution. tempts to extend to five years the explicit I ask for a ‘‘no’’ vote. Thank you for your consideration of this six-month statute of limitations on record- I yield back the balance of my time. request. keeping paperwork violations in the Occupa- Sincerely, Mr. BYRNE. Mr. Speaker, I yield my- tional Safety and Health (OSH) Act of 1970. JEFFREY D. SHOAF, self the balance of my time. Subsequent court rulings have affirmed ap- Senior Executive Director, plicability of the six-month statute of limi- Mr. Speaker, I include in the RECORD Government Affairs. tations; nonetheless, the Agency proceeded a letter dated February 28, 2017, from with its rulemaking. This regulation is an the Associated General Contractors of ASSOCIATED BUILDERS AND egregious end run around Congress’ power to America; a letter dated February 28, CONTRACTORS, INC., write the laws and a clear challenge to the 2017, from Associated Builders and Con- Washington, DC, February 28, 2017. judicial branch’s authority to prevent an tractors; a letter dated February 27, House of Representatives, agency from exceeding its authority to inter- Washington, DC. pret the law. 2017, from the National Association of DEAR REPRESENTATIVE: On behalf of Asso- Given the vast overstep the Volks Rule Home Builders; and a letter dated Feb- ciated Builders and Contractors (ABC), a na- represents, one might expect significant ruary 28, 2017, from the United States tional construction industry trade associa- gains in worker health and safety as the re- Chamber of Commerce. tion with 70 chapters representing nearly sult. Unfortunately, that is simply not the

VerDate Sep 11 2014 04:35 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.038 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1430 CONGRESSIONAL RECORD — HOUSE March 1, 2017 case. The Volks regulation only changes the act like it doesn’t have the money or There was no objection. window during which OSHA can issue a cita- the authority to investigate violations The SPEAKER pro tempore. Pursu- tion for recordkeeping paperwork violations. and enforce the law within 6 months of ant to House Resolution 156 and rule Employers will have the exact same obliga- XVIII, the Chair declares the House in tion to record injuries as they always had, a violation. That is balderdash. The and OSHA will have the exact same oppor- American people have a right to expect the Committee of the Whole House on tunity to issue a citation as the statute has more from these agencies than that. the state of the Union for the consider- always permitted. The regulation is about But more to the point, the reason we ation of the bill, H.R. 1009. paperwork violations and does nothing to are here today is really simple. We are The Chair appoints the gentleman improve worker health and safety. here today to overturn a rule that is from Ohio (Mr. JOYCE) to preside over NAHB urges you to support H.J. Res 83, blatantly unlawful. We are here to put the Committee of the Whole. and designates a vote in support of H.J. Res a stop to a rule that does nothing—I re- 83 as a KEY VOTE. b 1605 Sincerely, peat nothing—to improve workplace IN THE COMMITTEE OF THE WHOLE JAMES W. TOBIN III. safety. We are here to put a check on the very top of executive overreach the Accordingly, the House resolved U.S. CHAMBER OF COMMERCE, Congressional Review Act sought to itself into the Committee of the Whole Washington, DC, February 28, 2017. address. House on the state of the Union for the Re Key Vote Alert! By blocking this punitive and over- consideration of the bill (H.R. 1009) to TO THE MEMBERS OF THE UNITED STATES reaching rule, we will affirm Congress’ amend title 44, United States Code, to CONGRESS: The U.S. Chamber of Commerce commitment to proactive health and require the Administrator of the Office supports H.J. Res. 83, which would invalidate safety policies that help prevent inju- of Information and Regulatory Affairs the regulation issued by the Occupational to review regulations, and for other Safety and Health Administration (OSHA) ries and illnesses before they occur. If entitled ‘‘Clarification of an Employer’s Con- we wait until the illness or injury has purposes, with Mr. JOYCE in the chair. tinuing Obligation to Make and Maintain an occurred, we have waited too late. The Clerk read the title of the bill. Accurate Record of Each Recordable Injury OSHA has waited too late. It is time The CHAIR. Pursuant to the rule, the and Illness,’’ and will consider including for OSHA to work with these employ- bill is considered read the first time. votes related to it in our 2017 How They ers, work with these people in the The gentleman from Utah (Mr. Voted scorecard. workplace to make the workplace safe, CHAFFETZ) and the gentlewoman from The rule would have the effect of extending not show up 5 years after the fact when the Virgin Islands (Ms. PLASKETT) each to five years the statute of limitations on will control 30 minutes. recordkeeping violations that the Occupa- they don’t have the authority and say: tional Safety and Health Act sets at six now we are going to issue a violation. The Chair recognizes the gentleman months. It was OSHA’s attempt to negate a Mr. Speaker, the approach that we from Utah. 2012 decision from the D.C. Circuit Court of have demanded of OSHA for years is to Mr. CHAFFETZ. Mr. Chairman, I Appeals involving a construction company proactively work in the workplace to yield myself such time as I may con- known as Volks Constructors. The decision ensure that it is safe, and we will con- sume. blocked OSHA from sustaining citations for tinue to do that under this new admin- We are here to consider H.R. 1009. recordkeeping violations that occurred be- This is a bill sponsored by the gen- yond the six month statute of limitations istration. I urge my colleagues to over- turn OSHA’s unlawful power grab. tleman from Michigan (Mr. MITCHELL). specified in the Occupational Safety and It is cosponsored on the Committee on Health Act. The court’s unanimous 3–0 ruling Mr. Speaker, I yield back the balance included Judge Merrick Garland. of my time. Oversight and Government Reform by The court unequivocally rebuked OSHA, The SPEAKER pro tempore. All time the gentleman from North Carolina expressing particular concern on the agen- for debate has expired. (Mr. MEADOWS) and the gentleman cy’s overstepping its authority: ‘‘We do not Pursuant to the rule, the previous from Alabama (Mr. PALMER). We are believe Congress expressly established a question is ordered on the joint resolu- also pleased to have the gentleman statute of limitations only to implicitly en- tion. from Texas (Mr. SESSIONS), chairman courage the Secretary to ignore it . . . The of the Committee on Rules, as well as Act clearly renders the citations untimely, The question is on the engrossment and the Secretary’s argument to the con- and third reading of the joint resolu- the gentleman from Michigan (Mr. trary relies on an interpretation that is nei- tion. WALBERG) as cosponsors. ther natural nor consistent with our prece- The joint resolution was ordered to Mr. Chairman, I rise today in support dents.’’ The Volks decision has since been be engrossed and read a third time, and of H.R. 1009, the OIRA Insight, Reform, endorsed by the Fifth Circuit in the Delek was read the third time. and Accountability Act. OIRA stands decision, issued in December 2016, where the The SPEAKER pro tempore. The for the Office of Information and Regu- court found ‘‘its reasoning persuasive.’’ question is on the passage of the joint latory Affairs. It has many responsibil- OSHA’s Volks Rule will improperly subject millions of American businesses to citations resolution. ities. It is a little known agency, but for paperwork violations, while doing noth- The question was taken; and the very powerful and very important. ing to improve worker health and safety. It Speaker pro tempore announced that Some of its most well-known respon- simultaneously represents a usurpation of the ayes appeared to have it. sibilities are governed by an executive Congress’ power to write the laws and a di- RECORDED VOTE order. Executive Order 12866 was issued rect rejection of the judicial branch’s au- Mr. SCOTT of Virginia. Mr. Speaker, by President Clinton in 1993. The order thority to rein in an agency when it exceeds I demand a recorded vote. was maintained under President Bush its authority. The Chamber urges you to vote in favor of A recorded vote was ordered. and reaffirmed by President Obama in H.J. Res. 83, to invalidate OSHA’s Volks reg- The SPEAKER pro tempore. Pursu- 2009. ulation and restore the statute of limita- ant to clause 8 of rule XX, further pro- The OIRA Insight, Reform, and Ac- tions for citations enacted by Congress. ceedings on this question will be post- countability Act puts into statute the Sincerely, poned. basic structure that has existed for JACK HOWARD. f more than two decades. The legislation Mr. BYRNE. All of those groups I also includes some minor adjustments just mentioned support the repeal of OIRA INSIGHT, REFORM, AND for increased transparency and ac- this regulation that would come about ACCOUNTABILITY ACT countability. For example, agencies by virtue of the bill that is before us. GENERAL LEAVE are required to provide OIRA with a Why? Because we have a right to ex- Mr. CHAFFETZ. Mr. Speaker, I ask redline of any changes the agency pect in this country that these regu- unanimous consent that all Members chooses to make during the review latory agencies that Congress sets up may have 5 legislative days within process. This allows the public to bet- will do their job with the significant which to revise and extend their re- ter understand how centralized review sums of taxpayer money that they are marks and include extraneous mate- can improve the quality of rulemaking. provided by this Congress, the money rials on H.R. 1009. The bill clarifies the process for ex- that comes from the people of America The SPEAKER pro tempore (Mr. tending the time for OIRA to review to do their job in a timely fashion. And MITCHELL). Is there objection to the re- regulations. Currently, OIRA has 90 this agency comes forth and tries to quest of the gentleman from Utah? days to review a regulation, but at the

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CHAIRMAN: The Congressional agency to agree upon the extension and vestigation into the Waters of the Budget Office has prepared the enclosed cost provide a written explanation to the United States rulemaking, also known estimate for H.R. 1009, the OIRA Insight, Re- public, including an estimated date of as WOTUS. During the course of the in- form, and Accountability Act. completion. vestigation, it was clear OIRA was not If you wish further details on this esti- The government works for the peo- conducting the analysis I think we mate, we will be pleased to provide them. ple. You would think if they are going should all expect. OIRA even short- The CBO staff contact is Matthew Pickford. to miss deadlines and be late and go be- changed the interagency review process Sincerely, yond the current rules, the people who in order to meet the self-imposed arbi- KEITH HALL. are involved in the rulemaking would trary deadline. Enclosure. at least offer a little bit of a written H.R. 1009 requires OIRA to issue a re- H.R. 1009—OIRA INSIGHT, REFORM, AND explanation. The bill also requires port on each significant regulation it ACCOUNTABILITY ACT OIRA to update the explanation and es- reviews so the public can see exactly As ordered reported by the House Committee timated completion date every 30 days what legal requirements OIRA focused on Oversight and Government Reform on after that moving forward. on and what OIRA found. H.R. 1009 asks February 14, 2017 Another significant difference from OIRA to consider: Did the agency tech- SUMMARY the executive order is H.R. 1009 in- nically comply with the requirement? H.R. 1009 would codify many executive or- cludes independent agencies in OIRA’s Did it make solid effort to improve the ders and practices of the federal government review of significant regulations. Inde- regulation through the process? Or was related to the process of issuing federal regu- pendent regulatory agencies already the agency just going through the mo- lations. The legislation also would expand submit their regulations to OIRA for tions? These are very legitimate, easy, the role of the Office of Information and Reg- the unified agenda and the annual reg- simple questions that we think can be ulatory Affairs (OIRA) in the regulatory ulatory plans. Under the Paperwork answered. process and authorize OIRA to review rules Reduction Act, independent agencies Agencies are supposed to consider the proposed by certain independent federal agencies. submit information collection re- public’s comments, but what if the CBO estimates that implementing the bill quests, which is another way to say final rule is drafted before the com- government forms, to OIRA for ap- would increase administrative costs to OIRA ments are even reviewed? Perhaps the and federal agencies by a total of $20 million proval. For decades, experts across the law does not explicitly prohibit that, over the 2018–2022 period; such spending political spectrum, including the Ad- but is it really an effective regulatory would be subject to the availability of appro- ministrative Conference of the United practice? The question is more than priated funds. CBO estimates that enacting States and the American Bar Associa- just whether agencies have simply the bill would increase direct spending by $3 tion, have called for the inclusion of complied. It is whether the agency is million over the 2018–2027 period and would independent agencies in the significant doing everything it can to limit the reduce revenues by $2 million over the same period. Because the bill would affect reve- regulation review process. Again, a burden and make its regulations effec- good group there, the Administrative nues and direct spending, pay-as-you-go pro- tive and easy to understand. cedures apply. Conference of the United States, as By requiring OIRA to make the re- CBO also expects that enacting H.R. 1009 well as the American Bar Association sults of its review of rulemakings could delay the issuance of some rules. How- also asking for these independent agen- available to the public, this bill will ever, because of the large number and vari- cies. encourage agency accountability and ety of federal rules issued each year, CBO There is significant bipartisan agree- improve the public’s understanding of cannot determine whether a delay in the ef- ment on including the independent the rulemaking process. The Com- fective date of some rules would have a cost agencies. In fact, President Obama’s mittee on Oversight and Government or savings to the federal government. Jobs Council recommended including Reform approved this bill, without CBO estimates that enacting H.R. 1009 independent agencies in OIRA’s regu- amendment, on February 14 of this would not increase net direct spending or on- budget deficits by more than $5 billion in one latory review. Sally Katzen, OIRA ad- year. ministrator under President Clinton, or more of the four consecutive 10–year peri- I again want to thank the leadership ods beginning in 2028. said: ‘‘For all practical purposes, the of Congressman MITCHELL for doing all H.R. 1009 contains no intergovernmental or way executive branch agencies and that he has done to bring us to this private-sector mandates as defined in the independent agencies conduct rule- point where we are debating this on the Unfunded Mandates Reform Act (UMRA) and making is the same, so they both floor of the House. I also want to thank would not affect the budgets of state, local, should be expected to gather and use Katy Rother for her tireless work on or tribal governments. information on the costs and benefits this bill. She has done an awful lot of ESTIMATED COST TO THE FEDERAL GOVERNMENT of new regulatory proposals.’’ She went work, working with both sides of the The estimated budgetary effect of H.R. 1009 on to suggest: ‘‘Congress could adapt aisle. Hats off to her as well. Again, I is shown in the following table. The costs of that approach for OIRA review of the urge the passage of this bill. this legislation fall within all budget func- analysis underlying independent agen- Mr. Chairman, I reserve the balance tions that include agencies that issue or re- cy rulemakings.’’ And she goes on. of my time. view regulations.

By fiscal year, in millions of dollars— 2018– 2018– 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2022 2027

INCREASES IN SPENDING SUBJECT TO APPROPRIATION Estimated Authorization Level ...... 4 4 4 4 4 4 4 4 4 4 20 40 Estimated Outlays ...... 4 4 4 4 4 4 4 4 4 4 20 40 INCREASES IN DIRECT SPENDING Estimated Budget Authority ...... * * * * * * * * * * 2 3 Estimated Outlays ...... * * * * * * * * * * 2 3 DECREASES IN REVENUES Estimated Revenues ...... * * * * * * * * * * ¥1 ¥2 NET INCREASE IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES Impact on Deficit ...... * * * * * * * * * * 3 5 Note: *= between ¥$500,000 and $500,000.

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BASIS OF ESTIMATE ing the rulemaking process, and to perform lion over the 2018–2027 period for the FDIC For this estimate, CBO assumes that H.R. other activities and analyses related to con- and CFPB to prepare additional reports and 1009 will be enacted near the end of fiscal sidering the effects of proposed rules. analyses of proposed regulations for OIRA. Spending Subject to Appropriation year 2017 and that spending will follow his- Revenues torical patterns for these and similar activi- On the basis of information from OIRA and ties. several federal agencies on the cost of the H.R. 1009 would affect revenues by chang- CBO is not aware of any comprehensive in- rulemaking process, CBO estimates that ing the cost of the operations of the Federal formation on current spending for regulatory more personnel would be needed to produce Reserve System, which remits its net earn- activities governmentwide. However, accord- additional analyses and to perform other ad- ings to the Treasury; those remittances are ing to the Congressional Research Service, ministrative tasks under H.R. 1009. CBO esti- classified as revenues in the federal budget. federal agencies issue 3,000 to 4,000 final rules mates that spending would increase by about The legislation would impose additional ad- each year. Most are promulgated by the De- $4 million annually and $20 million over the ministrative expenses on the Federal Re- partments of Transportation, Homeland Se- 2018–2022 period to hire and train sufficient serve to prepare reports and analyses for curity, and Commerce, and the Environ- staff. Such spending would be subject to the OIRA. Based on the cost of similar adminis- mental Protection Agency (EPA). Agencies availability of appropriated funds. trative work of the Federal Reserve, CBO es- that issue the most major rules (those with Direct Spending timates those additional administrative an estimated economic impact on the econ- CBO estimates that some independent reg- costs would reduce remittances by the Fed- omy of more than $100 million per year) in- ulatory agencies would face an increased ad- eral Reserve to the Treasury by $2 million clude the Department of Health and Human ministrative workload under H.R. 1009 be- over the 2018–2027 period. Services, the Department of Agriculture, and cause, under current law, most independent PAY-AS-YOU-GO CONSIDERATIONS the EPA. regulatory agencies are not required to sub- H.R. 1009 would codify certain regulatory mit regulatory analyses to OIRA. Some of The Statutory Pay-As-You-Go Act of 2010 policies and practices that are currently those agencies, primarily the Federal De- establishes budget-reporting and enforce- being implemented pursuant to several exec- posit Insurance Corporation (FDIC) and Con- ment procedures for legislation affecting di- utive orders. Those instructions require sumer Financial Protection Bureau (CFPB), rect spending or revenues. The net changes agencies in the executive branch to analyze can spend funds for such activities without in outlays and revenues that are subject to the impacts of regulations (including costs further appropriation. CBO estimates that these pay-as-you-go procedures are shown in and benefits), to coordinate with OIRA dur- enacting H.R. 1009 would cost about $3 mil- the following table. CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1009, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM ON FEBRUARY 14, 2017

By fiscal year, in millions of dollars— 2017– 2017– 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2022 2027

NET INCREASE IN THE DEFICIT Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 3 5 Memorandum: Changes in Outlays ...... 0 0 0 0 0 0 0 0 0 0 0 2 3 Changes in Revenues ...... 0 0 0 0 0 0 0 0 0 0 0 ¥1 ¥2

INCREASE IN LONG-TERM NET DIRECT SPENDING necessary, I would support your request to I would appreciate a response to this letter AND DEFICITS have the Committee on the Judiciary rep- confirming this understanding with respect CBO estimates that enacting H.R. 1009 resented on the conference committee. Fi- to H.R. 998 and would ask that a copy of our would not increase net direct spending or on- nally, I would be pleased to include this let- exchange of letters on this matter be in- budget deficits by more than $5 billion in one ter and any response in the bill report filed cluded in the Congressional Record during or more of the four consecutive 10-year peri- by the Committee on Oversight and Govern- floor consideration of H.R. 1009. ods beginning in 2028. ment Reform, as well as in the Congressional Sincerely, Record during floor consideration, to memo- BOB GOODLATTE, INTERGOVERNMENTAL AND PRIVATE-SECTOR rialize our understanding. Chairman. IMPACT Thank you for your consideration of my Ms. PLASKETT. Mr. Chairman, I H.R. 1009 contains no intergovernmental or request. private-sector mandates as defined in UMRA. yield myself such time as I may con- Sincerely, Estimate prepared by: Federal Costs: Na- sume. JASON CHAFFETZ, thaniel Frentz, Matthew Pickford, and Ste- Mr. Chairman, I oppose this bill. My Chairman. phen Rabent; Impact on State, Local, and colleagues on the other side have por- Tribal Governments: Zachary Byrum; Im- trayed this bill as simply a codification pact on the Private Sector: Paige Piper/ HOUSE OF REPRESENTATIVES, of an executive order President Clinton COMMITTEE ON THE JUDICIARY, Bach. issued. That simply is not the case. Estimate approved by: H. Samuel Washington, DC, February 23, 2017. Hon. JASON CHAFFETZ, This bill makes significant changes to Papenfuss, Deputy Assistant Director for the regulatory process. The bill would Budget Analysis. Chairman, Committee on Oversight and Govern- ment Reform, Washington, DC. require independent agencies to submit HOUSE OF REPRESENTATIVES, COM- DEAR CHAIRMAN CHAFFETZ: I write with re- rules to the Office of Information and MITTEE ON OVERSIGHT AND GOV- spect to H.R. 1009, the ‘‘OIRA Insight, Re- Regulatory Affairs, OIRA, for review. ERNMENT REFORM, form, and Accountability Act.’’ As a result Independent agencies do not currently Washington, DC, February 16, 2017. of your having consulted with us on provi- have to get the approval of the White Hon. BOB GOODLATTE, sions within H.R. 1009 that fall within the House for regulations they issue. Con- Chairman, Committee on the Judiciary, Rule X jurisdiction of the Committee on the gress designed independent agencies to Judiciary, I forego any further consideration Washington, DC. be just that, independent. This bill DEAR MR. CHAIRMAN: On February 14, 2017, of this bill so that it may proceed expedi- the Committee on Oversight and Govern- tiously to the House floor for consideration. would change that. ment Reform ordered reported without The Judiciary Committee takes this action In February of 2015, the Committee amendment H.R. 1009, the ‘‘OIRA Insight, with our mutual understanding that by fore- on Oversight and Government Reform Reform, and Accountability Act’’ by a vote going consideration of H.R. 1009 at this time, Chairman JASON CHAFFETZ sent four of 23 to 16. The bill was referred primarily to we do not waive any jurisdiction over subject letters to the chairman of the Federal the Committee on Oversight and Govern- matter contained in this or similar legisla- Communications Commission alleging ment Reform, with an additional referral to tion and that our committee will be appro- that the White House had ‘‘an improper the Committee on the Judiciary. priately consulted and involved as this bill influence’’ on the FCC’s net neutrality I ask that you allow the Committee on the or similar legislation moves forward so that plan and that the FCC ‘‘failed to estab- Judiciary to be discharged from further con- we may address any remaining issues in our lish the appearance that this rule- sideration of the bill so that it may be sched- jurisdiction. Our committee also reserves uled by the Majority Leader. This discharge the right to seek appointment of an appro- making is independent, fair, and trans- in no way affects your jurisdiction over the priate number of conferees to any House- parent.’’ subject matter of the bill, and it will not Senate conference involving this or similar The bill we are considering would en- serve as precedent for future referrals. In ad- legislation and asks that you support any shrine in law that very allegation my dition, should a conference on the bill be such request. esteemed colleague Chairman

VerDate Sep 11 2014 04:35 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.002 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1433 CHAFFETZ had concerns about, political ders while gutting the much-needed flexi- regularly have exceeded their author- interference by the White House with bility that the orders provide to Federal ity while imposing regulations that the FCC and other independent agen- agencies in charge of ensuring science-based negatively impact them. It is our re- cies. The Congressional Budget Office protections for the public. Congress should sponsibility as the people’s representa- increase protections for our constituents tives to protect them from this ever- estimates that this bill would increase rather than preventing agencies from issuing direct spending by $3 million and re- science-based protections. expanding regulatory state. This bill is simple and plain. The bill duce revenues by $2 million. These di- I urge my colleagues to oppose this rect spending and revenue effects are locks into place existing transparency bill. requirements like the unified agenda caused by the fact that the bill covers Mr. Chairman, I reserve the balance and the annual regulatory plan. independent agencies. CBO has also es- of my time. timated that the bill would cost Fed- The bill also requires OIRA to tell us Mr. CHAFFETZ. Mr. Chairman, I more about what they are currently eral agencies an additional $20 million yield such time as he may consume to in administrative costs. Imagine. I am doing. the gentleman from Michigan (Mr. After OIRA conducts a review of sig- fighting to keep the budget down in MITCHELL), the sponsor of the bill. nificant regulations, H.R. 1009 requires this matter. Mr. MITCHELL. Mr. Chairman, I OIRA to give us a readout. Imagine The bill does not include offsets for thank the gentleman from Utah for that, we want them to tell us what any additional spending. The bill also yielding. they are doing. How did the agency do? omits critical phrases from Executive Last night, President Trump stood Is the regulation well drafted? Did the Order 12866 that ensures that OIRA re- feet from here and spoke about the agency meet the requirements of the views do not contradict existing law. need and his commitment to regu- law? That is a novel approach. Did the For example, the executive order re- latory reform. agency pick the best way to regulate? quires agencies to provide the cost and I would like to echo those comments. OIRA is already required to conduct benefits of alternatives to a proposed One of the chief reasons the voters sent this review under Executive Order rule ‘‘unless prohibited by law.’’ The most of us here is because they know 12886. bill does not include this exception, that Federal regulation is killing our The bill asks OIRA to tell us the re- and my colleagues on the other side economy and placing a heavy burden sults. I am surprised and disappointed have still not explained why it does not on families. I am proud to deliver on a that even on this bill we have seen sig- include this language. promise I made during the campaign, nificant opposition. b 1615 and to have done so in the first 100 My minority counterparts have made days. The OIRA Insight, Reform, and complaints based on strained legal ar- It is unclear how the bill would im- Accountability Act codifies the Office guments, but they haven’t offered an pact laws that prohibit agencies from of Information and Regulatory Affairs, amendment to fix the alleged problem. considering costs when setting public known as OIRA. OIRA serves as the Why? Because they don’t like the basic health standards. regulatory gatekeeper, a safety valve, concepts of the bill. These are not par- The Coalition for Sensible Safe- providing a process and review to hold tisan concepts. We have heard their guards—an alliance over 150 labor, sci- back the floodgates of unnecessary bur- concerns in committee. We obviously entific, good government, health, and densome and duplicative regulations. disagree at this point. And as the environmental groups—sent a letter to OIRA is a bipartisan office within the chairman said, this is passed by com- the House Members yesterday opposing executive branch that was originally mittee without amendment. We look this bill. That letter said in part: created during the Reagan administra- forward to support, and I ask my col- ‘‘Particularly concerning, H.R. 1009 tion and further outlined by President leagues to support the bill. would in effect rewrite dozens of public Clinton in an executive order. Presi- Ms. PLASKETT. Mr. Chairman, I interest laws containing congressional dent Clinton put it well when he said: yield myself such time as I may con- mandates that require agencies to ‘‘The American people deserve a reg- sume. prioritize public health and safety and ulatory system that works for them, We are opposed to the bill because we the preservation of the environment, not against them: a regulatory system have received letters and concerns clean air, and clean water over con- that protects and improves their from a cross section of Americans, a cerns for industry profits. This con- health, safety, environment, and well- cross section of organizations, who rec- sequence flows from another key dif- being and improves the performance of ognize that this is not really a codifica- ference between H.R. 1009 and the Exec- the economy without imposing unac- tion of an executive order, but this is utive Orders it purports codify: Where- ceptable or unreasonable costs on soci- overreach on the part of the majority as the Orders impose their require- ety; regulatory policies that recognize of Congress at this time. They feel that ments only to the extent consistent that the private sector and private they are able to do it, and so they are with applicable laws, H.R. 1009 recog- markets are the best engine for eco- going to ram this through. H.R. 1009 would add another layer of nizes no such limitations.’’ nomic growth; regulatory approaches bureaucracy to an already slow rule- Mr. Chairman, this bill would also that respect the role of State, local, give OIRA the ability to hold up rule- making process. The Consumer Federa- and tribal governments; and regula- tion of America says: making indefinitely. tions that are effective, consistent, Under Executive Order 12866, the ad- The bill creates a regulatory working sensible, and understandable.’’ group to provide input to agencies about how ministrator over OIRA has 90 days to I agree with President Clinton’s to improve their regulatory process, includ- review a rule, and that period can be words in 1993. This is about making ing an evaluation of risk assessment tech- extended one time for 30 days. This bill sure government solves problems, rath- niques. would allow OIRA to extend its review er than creates them. And create them, It appears like this is what we are ‘‘for any number of additional 30-day it has. going to be doing throughout Oversight periods upon written request by the ad- In recent years, the regulatory state and Government Reform, is creating ministrator or the head of the agency.’’ has grown to impressive levels. Be- new task forces and new groups to re- The bill also gives the rulemaking tween 2006 and 2015, agencies published view rulemaking and review regula- agencies the ability to object to an ex- over 36,000 final rules, of which 555 were tions at the cost of the taxpayer. tension of OIRA review period, but it is considered economically significant. H.R. 1009 would jeopardize the inde- not realistic to think that an agency That is, they anticipated an economic pendence of agencies like the Con- would refuse a request for an extension effect of $100 million or more. sumer Product Safety Commission, the from the White House. Many of these regulations have been Securities and Exchange Commission, The Union of Concerned Scientists imposed without thorough cost-benefit the Commodities Futures Trading also sent a letter to House Members op- analysis, placing huge burdens on fami- Commission, the Federal Communica- posing this bill. That letter said: lies and businesses. What is worse, tions Commission, as well as other Of particular concern is the fact that H.R. Americans have had little, if any, in- independent agencies because it will 1009 aims to codify some of the most burden- fluence on regulations that impact give the Office of Information and Reg- some requirements of previous executive or- their lives as unelected bureaucrats ulatory Affairs, OIRA, the ability to

VerDate Sep 11 2014 04:35 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.079 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1434 CONGRESSIONAL RECORD — HOUSE March 1, 2017 review significant rules which are out- Ms. PLASKETT. Mr. Chairman, I The agencies we are talking about side of their scope now. That is why yield 3 minutes to the gentlewoman are very often agencies that deal with these agencies are called independent, from California (Ms. MAXINE WATERS). our economy. They are almost always because Congress wanted them to be Ms. MAXINE WATERS of California. agencies whose subject matter is con- independent. We are now giving OIRA Mr. Chairman, I thank Ms. PLASKETT troversial, like the National Labor Re- overreach into independent agencies. for yielding to me. lations Board, which deals with labor The Consumer Federation of America H.R. 1009 would empower Trump’s management matters, or the FTC, goes on to say: White House to block all of the inde- whose role is to prevent anticompeti- Authorizing OIRA to conduct its own anal- pendent financial agencies’ proposed tive business practices, not to mention ysis would not only add pressure from the actions to protect our economy. And, the Fed. executive branch and add time and expense worse, the bill empowers President Now, the executive order provides to the already slow regulatory process, but Trump’s advisers to influence mone- OIRA with the ability to do cost-ben- would also give the special interests seeking tary policy, including interest rates efit analysis ‘‘unless prohibited by to quash a safety measure yet another ave- that affect America’s mortgages, credit nue to prevent a rule from being promul- law.’’ Those words are our congres- cards and IRAs. sional words, ‘‘unless prohibited by gated. Independent agencies, like the Con- Significantly, independent agencies law.’’ sumer Financial Protection Bureau, Now, that language is not in this ex- were created by Congress to prioritize would have to first receive the okay public health and safety, ensure a fair ecutive order. Does it mean that it is from Trump’s administration, packed erased so that, with respect to environ- financial marketplace, and consumer with Wall Street insiders, before they privacy. This bill would undermine the ment and public safety rules for exam- could protect the American public. For ple, ‘‘prohibited by law’’ no longer ob- authorizing statutes and the missions example, the administration could of these independent agencies by allow- tains and cost benefit can be done so block the Consumer Financial Protec- that you can weigh the cost or the ben- ing those agencies to be in some way tion Bureau’s recent proposal to stop touched by the White House. efit of rules? The benefit would be payday lender debt traps. These agen- clear, but the cost of rules that are so Again, we have the Natural Re- cies would be directed to write rules fa- sources Defense Council. Their letter protective of the public that we have vorable to industry, subjecting individ- exempted them in the past—the silence to all of the Members said: uals once again to predatory practices. The bill would also revive legislative lan- is deafening. I am so deeply troubled that H.R. 1009 Agencies also have always been able guage that Congress repealed elsewhere be- gives the Trump administration a say cause it made it impossible to protect the to indicate, because they have the only public. in the Federal Reserve’s monetary pol- real knowledge, whether or not their icy decisions. The importance of Fed Specifically, in H.R. 1009, OIRA was rulemakings are significant. How could independence is well established and charged with ensuring that the regula- we give this exclusive authority now to results in objective, nonpolitical pol- tion imposes the least burden on soci- OIRA? The politicization of inde- icymaking, and a high degree of credi- ety. Congress removed such language pendent agencies, making them subject bility with financial markets. when it updated TSCA because the to White House oversight, is very dan- However, today’s bill threatens the gerous. It robs them of what is perhaps phrase had made it impossible for integrity of these decisions. Given that chemical safety regulations to pass ju- the most important part of their inde- the Fed’s actions can move stock mar- pendence. This bill goes many steps too dicial muster, even when the chemical kets by hundreds of points, we should was asbestos, well known to be a poten- far. absolutely reject the Trump White Mr. CHAFFETZ. Mr. Chair, I would tial carcinogen. House and Republicans’ desire to use No one wants to impose unnecessary just point out that these independent the Fed for partisan gain. burdens on society, but the phrase agencies need oversight as much as any An administration that believes bad other agency; and, ultimately, what we ‘‘least burdensome’’ has been inter- polls are ‘‘fake news,’’ goes to great preted to put an agency in an impos- are trying to do is provide more trans- lengths to inflate the number of parency, more information to the pub- sible position of providing that there is attendees at the inauguration, and no other conceivable way to accom- lic. Whether or not they think they are misrepresents the Nation’s debt level independent or not, they still work for plish its goal of having to cost out should not be allowed to meddle with every theoretical option. the American people, and the people the interest rate decisions or market- that are footing the bills and that have The reason we are opposed to this bill place guardrails critical to our econo- is because it makes it more difficult to live under these regulations should my’s health. have the right to see this information for independent agencies to remain I urge Members to oppose this bill. independent and not be moved by the Mr. CHAFFETZ. Mr. Chairman, I re- and have this information provided to White House by political machinations serve the balance of my time. them through the process. that this Congress is now trying to im- Ms. PLASKETT. Mr. Chairman, I We are never going to apologize for pose on them. yield 3 minutes to the gentlewoman trying to increase the transparency Mr. Chairman, I reserve the balance from the District of Columbia (Ms. and the process. That is what this bill does. of my time. NORTON). Mr. CHAFFETZ. Mr. Chairman, I Ms. NORTON. Mr. Chairman, I thank I reserve the balance of my time. yield myself such time as I may con- my good friend from the Virgin Islands Ms. PLASKETT. Mr. Chair, we would say that this bill is not necessarily sume. (Ms. PLASKETT) for yielding to me. Let me mention that the bill does I had to come down as I saw this at- about transparency so much as it is not require any of these agencies to tempt to use our jurisdiction to under- about the executive branch, and spe- provide new analysis. And I haven’t mine our independent agencies. And I cifically the White House, being able to really heard an example or a reason want to put an emphasis on inde- reach into these independent agencies. why something would be prohibited in pendent agencies because they have al- There are already mechanisms in place an agency from sharing existing cost- ways been treated differently. for the transparency that my colleague benefit analysis. is speaking about. What we are doing What could the agencies have that b 1630 now is creating another level of over- they should not share with OIRA? Executive Order 12866 has long sub- sight over the committees, over these It just seems reasonable that if they jected agency rulemakings to some re- independent agencies, so that this Con- have this information, they should view by the Office of Information and gress can then have reach into them as share it. Ultimately, we do work for Regulatory Affairs, but independent well. the American people, and the American agencies have been treated differently. At this time, I yield 5 minutes to the people should be able to see this infor- Congress deliberately created them as gentleman from Rhode Island (Mr. mation as it goes to OIRA. independent to exempt them from po- CICILLINE). Mr. Chairman, I reserve the balance litical review for their regulatory ac- Mr. CICILLINE. I thank the gentle- of my time. tions by the White House. woman for yielding.

VerDate Sep 11 2014 04:35 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.081 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1435 Mr. Chair, I rise in opposition to H.R. promulgated under the Clean Water I strongly urge Members to vote 1009, the OIRA Insight, Reform, and Ac- Act. Increasing the White House’s role ‘‘no’’ on H.R. 1009, and I yield back the countability Act, yet another radical in the rulemaking system will only balance of my time. bill, part of a corporate agenda de- serve to undermine what little trans- Mr. CHAFFETZ. Mr. Chairman, I signed to eviscerate public protections parency exists into the President’s reg- yield myself the balance of my time. under the Clean Water Act and other ulatory conflicts of interest. I just want to simply point out that laws designed to ensure the safety of The Government Accountability Of- the bill does extend OIRA to review American families. fice has reported in multiple studies independent agencies. I also would As the ranking member of the House that OIRA has not addressed trans- point out, as I did earlier, the Adminis- Judiciary Subcommittee on Regu- parency concerns that GAO has raised, trative Conference of the United States latory Reform, I have several serious and for this reason I offered an amend- recommended OIRA review be extended concerns with this measure. ment. to independent agencies back in 1988. First, H.R. 1009 would eviscerate the I was pleased to hear my friend from In fact, the American Bar Associa- independence of agencies that are crit- Utah talk about the transparency ben- tion recommended OIRA review be ex- ical to holding corporations account- efits, but I offered an amendment to tended to independent agencies in 1990 able and protecting consumers, such as H.R. 1009 that was designed to ferret and reaffirmed the need again in 2016. the Consumer Financial Protection Bu- out crony capitalism by requiring that They said: ‘‘We strongly urge you to reau, the Federal Trade Commission, OIRA reports whether a significant bring the independent regulatory com- and the Securities and Exchange Com- regulatory action would financially missions within the requirements for mission. Congress established these ex- benefit the President or his senior ad- cost-benefit analysis’’—I am going to pert agencies with the express purpose visers. That seems like a really sen- just inject my own words here in the of exercising independence from the sible idea if you really want to get at middle. policy whims of the White House. the issue of transparency. Cost-benefit analysis, isn’t that Section 3423 of H.R. 1009, however, Very disappointingly, my Republican something reasonable that we should would task the White House Office of colleagues refused to make my amend- all look at? That is not asking an agen- Information and Regulatory Affairs, ment in order, really tacitly acknowl- cy too much, especially if they already OIRA, with a governmentwide review edging their concerns with what this have the information. of significant regulatory actions, effec- type of transparency might mean for They went on to say: ‘‘OMB review, tively placing this obscure entity as the Trump administration. and retrospective review of rules cur- the gatekeeper of the rulemaking sys- Finally, while supporters of this pro- rently reflected in Executive Order tem. posal argue that it merely codifies ex- 12866. . . . ‘’ Currently, OIRA only reviews a small ecutive orders that were issued under Those are not overly burdensome re- portion of significant regulatory ac- Democratic administrations, the re- quests. In fact, in 2011, Sally Katzen, tions, allowing it to effectively allo- ality is that H.R. 1009 was drafted with- the OIRA Administrator under Presi- cate its finite resources to review the out Democratic input, contains several dent Clinton, urged Congress to sup- most pressing rules. But by substan- poison pill provisions designed to en- port extending OIRA review to inde- tially expanding OIRA’s mandate to in- sure its partisan and unworkable na- pendent agencies, when she wrote: clude every significant regulatory ac- ture, and would only have been vetoed ‘‘Our concern is that independent agen- tion, this legislation would simulta- by the Obama administration. cies are not typically engaging in the neously water down agency oversight As the Obama administration noted analysis that has come to be expected while also subjecting independent in the context of a veto threat of an- as a form of governmental best prac- agencies to the influence of the Trump other antiregulatory bill, agencies al- tice for regulatory agencies.’’ administration, facilitating political ready adhere to the robust and well-un- It seems like a reasonable expecta- interference in the rulemaking process. derstood procedural and analytical re- tion to employ best practices. And all One of the overriding goals of OIRA quirements of the Administrative Pro- that bill does is—again, it does not review is to ensure that the President’s cedure Act, the Regulatory Flexibility interfere with independent agencies’ policies are reflected in agency rules. Act, the Unfunded Mandates Reform rulemaking process or their policy de- Greater Presidential control over rule- Act, the Paperwork Reduction Act, and cision. It simply requires OIRA to re- making, particularly in this adminis- the Congressional Review Act. tration’s hands, could have devastating Passage of antiregulatory legislation view the regulations to ensure these consequences in terms of public health to ‘‘replace this established framework agencies are complying with legal re- and safety. It would not only provide with layers of additional procedural re- quirements just the same as any other special interests with an additional quirements,’’ the Obama administra- agency. tool for regulatory capture, but it tion cautioned, ‘‘would undermine the That is a reasonable request. That is would also allow the White House to ability of agencies to execute their why we urge its passage. substitute its own policy preferences statutory mandates.’’ Because H.R. I yield back the balance of my time. for those of Congress. 1009 does this very thing, I urge my col- The Acting CHAIR (Mr. TIPTON). All As Senator RON JOHNSON, the Repub- leagues to oppose this legislation. time for general debate has expired. lican chair of the Senate committee I thank the gentlewoman for yield- Pursuant to the rule, the bill shall be with jurisdiction over administrative ing. considered for amendment under the 5- law, observed in a report last year: Ms. PLASKETT. Mr. Chair, I yield minute rule. ‘‘Limits on the President’s power over myself the balance of my time to close. It shall be in order to consider as an independent agencies—like the Federal There are many organizations that original bill for the purpose of amend- Communications Commission—dem- oppose this bill, including consumer ment under the 5-minute rule an onstrate the importance of maintain- protection groups such as The Center amendment in the nature of a sub- ing the agency’s independence.’’ for Popular Democracy’s Fed Up Coali- stitute consisting of the text of Rules Furthermore, because President tion. The Fed Up Coalition sent a let- Committee Print 115–4. That amend- Trump has made the outrageous and ter to House Members today that said: ment in the nature of a substitute shall unprecedented choice not to divest his The Fed Up Coalition exists to ensure that be considered as read. business holdings, I am also very con- policymaking at the Federal Reserve reflects The text of the amendment in the na- cerned that H.R. 1009 would only serve the concerns of working families and com- ture of a substitute is as follows: to convert the regulatory system into munities of color. By encroaching on the H.R. 1009 Fed’s ability to pursue sound regulation and his own personal investment account. Be it enacted by the Senate and House of Rep- Robert Weissman, the president of extending the hand of the executive branch in the Federal Reserve decisionmaking, H.R. resentatives of the United States of America in Public Citizen, recently noted: ‘‘The 1009 undermines the Feds’s ability to keep Congress assembled, Nation’s golfer-in-chief’’ owns or our financial system safe and protect work- SECTION 1. SHORT TITLE. brands businesses across the country ing families and taxpayers that our coalition This Act may be cited as the ‘‘OIRA Insight, that would be affected by protections represents. Reform, and Accountability Act’’.

VerDate Sep 11 2014 03:05 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 6333 E:\RECORD17\MARCH\H01MR7.REC H01MR7 H1436 CONGRESSIONAL RECORD — HOUSE March 1, 2017 SEC. 2. OFFICE OF INFORMATION AND REGU- shall circulate the regulatory plan to any other ‘‘(ii) any available analysis or quantification LATORY AFFAIRS. agency the Administrator determines may be af- of the expected costs or benefits. (a) AMENDMENT.—Subchapter I of chapter 35 fected by the plan. ‘‘(C) For any regulation included in the imme- of title 44, United States Code, is amended by ‘‘(C) AGENCY NOTIFICATION TO OIRA OF CON- diately previous agenda, an explanation of why adding at the end the following new sections: FLICTING SIGNIFICANT REGULATORY ACTIONS.— the regulation is no longer included. ‘‘§ 3522. Office of Information and Regulatory The head of an agency shall promptly notify the ‘‘(2) PUBLICATION OF UNIFIED AGENDA RE- Affairs Regulatory Working Group; regu- Administrator in writing if any planned signifi- QUIRED.—Not later than April 15 and October 15 latory plan; Unified Agenda cant regulatory action in the regulatory plan of of each year, the Administrator shall compile ‘‘(a) REGULATORY WORKING GROUP.— another agency may conflict with the policy or and publish online each agenda received under ‘‘(1) ESTABLISHMENT; MEMBERS.—The Admin- action taken or planned by that agency. The paragraph (1) (to be known as the Unified istrator of the Office of Information and Regu- Administrator shall forward any notification re- Agenda). latory Affairs shall convene a working group to ceived under this subparagraph to the other ‘‘(3) GUIDANCE.— be known as the Regulatory Working Group, agency involved. ‘‘(A) IN GENERAL.—The Administrator shall whose members shall consist of the following: ‘‘(D) NOTIFICATION OF CONFLICTING SIGNIFI- issue guidance for agencies on the manner of ‘‘(A) The Administrator. CANT REGULATORY ACTIONS.—The Administrator submission under this subsection and on meet- ‘‘(B) Representatives selected by the head of shall notify the head of an agency in writing if ing the requirements of this subsection, includ- each agency that the Administrator determines any planned significant regulatory action con- ing a standard definition for each stage of re- to have significant domestic regulatory responsi- flicts with any policy or action taken or view and any other definition that would assist bility. planned by another agency. the public in understanding the different terms ‘‘(C) Other executive branch officials as des- ‘‘(E) REQUIREMENT TO PUBLISH IN UNIFIED used by agencies to submit the agenda required ignated by the Administrator. AGENDA.—Each regulatory plan submitted by under paragraph (1). the head of an agency under subparagraph (A) ‘‘(2) CHAIR.—The Chair of the Regulatory ‘‘(B) UPDATES.—The Administrator shall peri- Working Group shall be the Administrator, who shall be included in the October publication of odically review compliance with this section and shall periodically advise Congress on the activi- the Unified Agenda described under subsection issue guidance or recommendations to assist ties of the Regulatory Working Group. (c). agencies in complying with this section. ‘‘(2) RETROSPECTIVE REVIEW.— ‘‘(3) PURPOSE.—The Regulatory Working ‘‘(d) COORDINATION WITH STATE, LOCAL, AND ‘‘(A) LIST OF OUTDATED REGULATIONS.—The Group shall serve as a forum to assist agencies TRIBAL GOVERNMENTS AND THE PUBLIC.— head of each agency shall include in the regu- in identifying and analyzing important regu- ‘‘(1) STATE, LOCAL, AND TRIBAL GOVERN- latory plan submitted under paragraph (1)(A) a latory issues, including, at a minimum— MENTS.—The Administrator shall meet not less list of regulations that have been identified by ‘‘(A) the development of innovative regulatory than quarterly with representatives of State, the agency (including any comments submitted techniques; local, and tribal governments to identify both to the agency) as unjustified, unnecessary, du- ‘‘(B) the methods, efficacy, and utility of com- existing and proposed regulations that may plicative of other regulations or laws, inappro- parative risk assessment in regulatory decision- uniquely or significantly affect those govern- priately burdensome, or otherwise recommended making; and ment entities. for removal. ‘‘(C) the development of streamlined regu- ‘‘(2) PUBLIC.—The Administrator shall peri- ‘‘(B) DESCRIPTION OF RETROSPECTIVE RE- latory approaches for small businesses and other odically convene conferences with representa- VIEW.—The head of each agency shall include in entities. tives of businesses, nongovernmental organiza- the regulatory plan submitted under paragraph ‘‘(4) MEETINGS.—The Regulatory Working tions, and the public to discuss regulatory issues (1)(A) a description of any program or other ef- Group shall meet not less than quarterly and of common concern. fort to review existing regulations to determine may meet as a whole or in subgroups of members ‘‘(e) BEST PRACTICES.—The Administrator whether any such regulations should be modi- with an interest in particular issues or subject shall, in consultation with the Regulatory fied or eliminated in order to increase the effec- areas. Working Group and the entities described in tiveness in achieving the regulatory objectives of ‘‘(5) ANALYTICAL STUDIES.—To inform the dis- subsection (d), periodically develop advice and the agency or to reduce the burden of regula- cussion of the Regulatory Working Group, the guidance for agencies on best practices of the tions. The agency shall include any statutory Regulatory Working Group may request analyt- development of regulations. requirements that require the agency to promul- ical studies and reports by the Office of Infor- ‘‘§ 3523. OIRA coordinated review of signifi- gate or continue to impose regulations that the mation and Regulatory Affairs, the Administra- cant regulatory actions agency believes are unnecessary or outdated by tive Conference of the United States, or any reason of changed circumstances. ‘‘(a) OIRA REVIEW.— other agency. ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(C) OIRA COORDINATED REVIEW.—The Ad- ‘‘(b) REGULATORY PLAN.— ministrator shall work with interested entities conduct a Governmentwide coordinated review ‘‘(1) IN GENERAL.— and agencies, including through the processes of significant regulatory actions to ensure that ‘‘(A) DEADLINE FOR AND DESCRIPTION OF REG- established under subsection (d), to review the such regulations are consistent with applicable ULATORY PLAN.—Not later than June 1 of each list of regulations identified under subpara- law and that a regulatory action by one agency year, the head of each agency shall approve and graph (A) and such entities may assist OIRA does not conflict with a policy or action taken submit to the Administrator a regulatory plan and the agencies with identifying regulations or or planned by another agency. that includes each significant regulatory action groups of regulations that— ‘‘(2) PERIODIC AGENCY SUBMISSION OF PLANNED that the agency reasonably expects to issue in ‘‘(i) impose significant or unique burdens on REGULATORY ACTIONS.—The head of each agen- proposed or final form in the following fiscal governmental entities and that are no longer cy shall provide to the Administrator, at such year or thereafter and the retrospective review justified; or time and in such a manner as determined by the described in paragraph (2). The regulatory plan ‘‘(ii) affect a particular group, industry, or Administrator, a list of each planned regulatory shall also contain, at a minimum, the following: sector of the economy. action with an identification of whether each ‘‘(i) A statement of the regulatory objectives ‘‘(c) UNIFIED AGENDA.— such regulatory action is a significant regu- and priorities of the agency. ‘‘(1) SUBMISSION OF REGULATIONS UNDER DE- latory action. ‘‘(ii) A summary of each planned significant VELOPMENT OR REVIEW.—Not later than April 1 ‘‘(3) REVIEW OF SIGNIFICANT REGULATORY AC- regulatory action including, to the extent pos- and October 1 of each year, the head of each TION REQUIRED.— sible, alternatives to be considered and prelimi- agency shall submit to the Administrator an ‘‘(A) IN GENERAL.—The Administrator shall nary estimates of the anticipated costs and ben- agenda of each regulation under development or make a determination of whether any planned efits of such action. review in accordance with any guidance issued regulatory action submitted under this section is ‘‘(iii) A summary of the legal basis for each under this section. Each agenda shall include, a significant regulatory action and shall review such action, including whether any aspect of to the extent practicable, the following: each such significant regulatory action in ac- the action is required by statute or court order. ‘‘(A) For each regulation— cordance with this section. ‘‘(iv) A statement of the need for each such ‘‘(i) a regulation identifier number; ‘‘(B) NOT SUBJECT TO REVIEW.—Any planned action and, if applicable, how the action will re- ‘‘(ii) a brief summary of the regulation; regulatory action determined by the Adminis- duce risk to public health, safety, or the envi- ‘‘(iii) a citation to the legal authority to issue trator not to be a significant regulatory action ronment, as well as how the magnitude of the the regulation; is not subject to review under this section. risk addressed by the action relates to any other ‘‘(iv) any legal deadline for the issuance of ‘‘(C) NOTIFICATION REQUIRED.—Not later than risk within the jurisdiction of the agency. the regulation; 10 days after a planned regulatory action has ‘‘(v) The schedule for each such action, in- ‘‘(v) the name and phone number for a knowl- been determined to be a significant regulatory cluding a statement of any applicable statutory edgeable agency employee; and action, the Administrator shall notify the head or judicial deadline. ‘‘(vi) the stage of review for issuing the regu- of the relevant agency of such determination. ‘‘(vi) The name, email address, and telephone lation. ‘‘(4) WAIVER OF REVIEW FOR SIGNIFICANT REG- number of a knowledgeable agency employee the ‘‘(B) For each regulation expected to be pro- ULATORY ACTION.—The Administrator— public may contact for additional information mulgated within the following 18 months— ‘‘(A) may waive review of any planned regu- about each such action. ‘‘(i) a determination of whether the regulation latory action designated as a significant regu- ‘‘(B) CIRCULATION OF REGULATORY PLAN.—Not is expected to be a significant regulatory action latory action; and later than 10 days after receiving the regulatory or an economically significant regulatory ac- ‘‘(B) shall publish online a detailed written plan under subparagraph (A), the Administrator tion; and explanation of any such waiver.

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‘‘(b) AGENCY CONSULTATION WITH OIRA.— of additional 30-day periods upon written re- ‘‘(16) drafted the regulatory action to be sim- ‘‘(1) IN GENERAL.—An agency may consult quest by the Administrator or the head of the ple and easy to understand, and minimized the with OIRA at any time on any regulatory ac- agency. Such request shall be granted unless the potential for uncertainty and litigation arising tion. nonrequesting party denies the request in writ- from such uncertainty; ‘‘(2) REGULATION IDENTIFIER NUMBER.—The ing within 5 days after receipt of the request for ‘‘(17) met all applicable Executive order re- head of an agency shall make every effort to ob- extension. quirements; tain a regulation identifier number for the regu- ‘‘(6) RETURN.—If the Administrator determines ‘‘(18) met all applicable statutory require- latory action that is the subject of the consulta- OIRA is unable to complete a review within the ments; and tion before consulting with OIRA. time period described under this subsection, the ‘‘(19) complied with all applicable guidance. ‘‘(3) CONSULTATION INFORMATION REQUIRED.— Administrator may return the draft of the sig- ‘‘(f) QUALITY REVIEW.—For any significant If the head of an agency is unable to obtain the nificant regulatory action to the agency with a regulatory action submitted under subsection regulation identifier number as described in written explanation of why OIRA was unable to (c), OIRA shall assess the extent to which the paragraph (2), the head of the agency shall pro- complete the review and what additional infor- agency conducted a meaningful and complete vide the regulation identifier number to OIRA mation, resources, or time OIRA would need to analysis of each of the factors described in sub- as soon as the number is obtained with a list of complete the review. section (e), considering best practices, methods any previous interactions with OIRA relating to ‘‘(7) WITHDRAWAL.—An agency may withdraw observed through reviewing other agencies, com- the regulatory action that is the subject of the the regulatory action from OIRA review at any ments from stakeholders, and other resources consultation. time prior to the completion of the review. that may improve the quality of the process. ‘‘(c) AGENCY SUBMISSION OF SIGNIFICANT REG- ‘‘(e) COMPLIANCE REVIEW.—The Administrator ‘‘(g) INTERAGENCY CONSULTATION.—The Ad- ULATORY ACTION FOR REVIEW.—Before issuing a shall review any significant regulatory action ministrator shall identify each agency poten- significant regulatory action, the head of an submitted under subsection (c) to determine the tially affected, interested, or otherwise likely to agency shall submit the significant regulatory extent to which the agency— provide valuable feedback on a significant regu- action to the Administrator for review and shall ‘‘(1) identified the problem that the significant latory action submitted under subsection (c) and include the following: regulatory action is designed to address (includ- facilitate a meaningful interagency consultation ‘‘(1) The text of the significant regulatory ac- ing, where applicable, the failures of private process. The Administrator shall— tion. markets or public institutions that warrant new ‘‘(1) provide each identified agency with a ‘‘(2) A detailed description of the need for the agency action); copy of the draft regulatory action; significant regulatory action. ‘‘(2) assessed the significance of the problem ‘‘(2) allow each identified agency to review ‘‘(3) An explanation of how the significant the regulatory action is designed to address; the draft regulatory action for a sufficient pe- regulatory action will meet the identified need. ‘‘(3) examined whether existing regulations or riod of time, not less than 10 business days; ‘‘(4) An assessment of potential costs and ben- laws have created or contributed to the problem ‘‘(3) solicit written comments from such agen- efits of the significant regulatory action. that the regulatory action is designed to correct cy and provide those written comments to the ‘‘(5) An explanation of the manner in which and whether those regulations or laws should be submitting agency; and the significant regulatory action is consistent modified to achieve the intended goal more ef- ‘‘(4) as appropriate, facilitate conversations with a statutory mandate and avoids undue in- fectively; terference with State, local, and tribal govern- ‘‘(4) identified and assessed available alter- between agencies. ment functions. natives to direct regulation, including providing ‘‘(h) STAKEHOLDER CONSULTATION.—For all ‘‘(6) For an economically significant regu- economic incentives to encourage desired behav- substantive communications between OIRA and latory action, if any of the following was devel- iors, such as user fees or marketable permits, or individuals not employed by the executive oped during the decisionmaking process of the providing information upon which choices can branch regarding a regulatory action submitted agency: be made by the public; to the Administrator for review under this sec- ‘‘(A) An assessment of and quantification of ‘‘(5) considered, to the extent reasonable, the tion, the Administrator shall— costs and benefits of the significant regulatory degree and nature of the risks posed by various ‘‘(1) invite the issuing agency to any meeting action. substances or activities within the jurisdiction between OIRA personnel and individuals not ‘‘(B) An assessment of and quantification of of the agency; employed by the executive branch; costs and benefits of potentially effective and ‘‘(6) designed the regulatory action to be the ‘‘(2) not later than 10 business days after re- feasible alternatives, including any underlying most cost-effective manner to achieve the regu- ceipt of any written communication submitted analysis. latory objective; by any individual not employed by the executive ‘‘(C) An explanation of why the planned sig- ‘‘(7) considered incentives for innovation, con- branch, make such communications available to nificant regulatory action is preferable to any sistency, predictability, flexibility, distributive the public online; and identified potential alternatives. impacts, equity, and the costs of enforcement ‘‘(3) make available to the public online a log, ‘‘(d) DEADLINES FOR REVIEW.— and compliance by the Government, regulated which shall be updated daily, of the following ‘‘(1) REVIEW COORDINATION.—To the extent entities, and the public; information: practicable, the head of each agency shall work ‘‘(8) assessed costs and benefits of the regu- ‘‘(A) The status of each regulatory action. with the Administrator to establish a mutually latory action and made a reasoned determina- ‘‘(B) A copy of any written communication agreeable date on which to submit a significant tion that the benefits justify the costs; submitted by any person not employed by the regulatory action for review. ‘‘(9) used the best reasonably obtainable sci- executive branch. ‘‘(2) EXPEDITED REVIEW.—When an agency is entific, technical, economic, and other informa- ‘‘(C) The dates and names of persons involved obligated by law to issue a significant regu- tion concerning the need for and consequences in any substantive oral communication and the latory action before complying with the provi- of the regulatory action; subject matter discussed during such commu- sions of this section, the head of the agency ‘‘(10) identified and assessed alternative forms nication. shall notify the Administrator as soon as pos- of regulation and, to the extent feasible, speci- ‘‘(i) CONCLUSION OF REVIEW.— sible. To the extent practicable, OIRA and the fied performance objectives rather than behavior ‘‘(1) PROVISION TO AGENCY.—Upon completion agency shall comply with the provisions of this or manner of compliance; of the review, the Administrator shall provide section. ‘‘(11) sought comments and suggestions from the head of an agency with the results of the ‘‘(3) 10-DAY REVIEW.—In the case of a signifi- appropriate State, local, and tribal officials on OIRA review in writing, including a list of every cant regulatory action that is a notice of in- any aspect of the regulatory action that might standard, Executive order, guidance document, quiry, advance notice of proposed rulemaking, significantly or uniquely affect those govern- and law reviewed for compliance and the results or other preliminary regulatory action prior to a mental entities; for each. notice of proposed rulemaking, within 10 busi- ‘‘(12) assessed the effects of the regulatory ac- ‘‘(2) CHANGES DURING REVIEW PERIOD.—Within ness days after the date of submission of the tion on State, local, and tribal governments, in- 24 hours after the conclusion of the OIRA re- such action to the Administrator, OIRA shall cluding specifically the availability of resources view under this section, the head of the submit- complete the review. to carry out the regulatory action, and mini- ting agency shall provide the Administrator ‘‘(4) 90-DAY REVIEW.— mized the burdens that uniquely or significantly with a redline of any changes the agency made ‘‘(A) IN GENERAL.—Except as provided in sub- affect such governmental entities, consistent to the regulatory action during the review pe- paragraph (B), for any other significant regu- with achieving regulatory objectives; riod. To the extent practicable, the agency shall latory action not described in paragraph (3), ‘‘(13) harmonized the regulatory action with identify any change made at the suggestion or within 90 days after the date of submission of the regulatory and other functions of State, recommendation of any other agency, member of the action, OIRA shall complete the review. local, and tribal governments; the public, or other source. To the extent prac- ‘‘(B) EXCEPTION 45-DAY REVIEW.—If OIRA has ‘‘(14) avoided conflicts with or duplication of ticable, the agency should identify the source of previously reviewed the significant regulatory other existing regulations; any such change. action described in subparagraph (A) and, since ‘‘(15) tailored the regulatory action to impose that review, there has been no material change the least burden on society, including individ- ‘‘§ 3524. Public disclosure of regulatory review in the facts and circumstances upon which the uals, businesses of differing sizes, and other en- ‘‘(a) IN GENERAL.—On the earlier of 3 days significant regulatory action is based, OIRA tities (including small communities and govern- after OIRA completes the review of any agency shall complete the review within 45 days after mental entities), consistent with obtaining the significant regulatory action under section 3523, submission of the action. regulatory objectives, and taking into account, the date on which such agency publishes the ‘‘(5) EXTENSION.—Any review described under among other things and to the extent prac- regulatory action in the Federal Register, or the this subsection may be extended for any number ticable, the costs of cumulative regulations; date on which the agency announces a decision

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A01MR7.039 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1438 CONGRESSIONAL RECORD — HOUSE March 1, 2017 not to publish the regulatory action, the Admin- ‘‘(C) create a serious inconsistency or other- submitting agency shall provide the Admin- istrator shall make available to the public on- wise interfere with an action taken or planned istrator with’’ and insert the following: ‘‘As line— by another agency; soon as practicable and before publication in ‘‘(1) all information submitted by an agency ‘‘(D) materially alter the budgetary impact of the Federal Register of a significant regu- under section 3523; entitlements, grants, user fees, or loan programs latory action for which OIRA concluded re- ‘‘(2) the results of the review provided to the or the rights and obligations of recipients there- view under this section, the head of the sub- agency under section 3523; in; or mitting agency shall make available to the ‘‘(3) the redline of any changes made by the ‘‘(E) raise novel legal or policy issues arising Administrator’’. agency during the course of the review provided out of legal mandates; Page 22, beginning on line 6, strike ‘‘On the under section 3523(i)(2); and ‘‘(22) the term ‘small business’ has the mean- earlier of 3 days after OIRA completes the ‘‘(4) all documents exchanged between OIRA ing given the term ‘small-business concern’ in review of any agency significant regulatory and the agency during the review. section 3 of the Small Business Act (15 U.S.C. action under section 3523, the date on which ‘‘(b) PLAIN LANGUAGE REQUIREMENT.—All in- 632); and such agency publishes the regulatory action formation provided to the public shall, to the ex- ‘‘(23) the term ‘State’ means each of the sev- in the Federal Register, or the date on which tent practicable, be in plain, understandable eral States, the District of Columbia, each terri- the agency announces’’ and insert the fol- language.’’. tory or possession of the United States, and lowing: ‘‘On the earlier of the date on which (b) TECHNICAL AND CONFORMING AMEND- each federally recognized Indian tribe.’’. an agency publishes a significant regulatory MENT.—The table of sections at the beginning of (d) DEADLINE FOR ISSUANCE OF GUIDANCE.— action reviewed under section 3523 in the chapter 35 of title 44, United States Code, is Not later than 180 days after the date of the en- Federal Register, the agency otherwise amended by inserting after the item relating to actment of this Act, the Administrator of the Of- makes the significant regulatory action pub- section 3521 the following new items: fice of Information and Regulatory Affairs shall licly available, or the agency announces’’. ‘‘3522. Office of Information and Regulatory issue any guidance required by section 3522 of Page 22, line 20, insert ‘‘senior level offi- Affairs Regulatory Working title 44, United States Code, as added by sub- cials at’’ after ‘‘between’’. Group; regulatory plan; Unified section (a). Page 24, line 20, insert after ‘‘Adminis- Agenda. The Acting CHAIR. No amendment trator’’ the following: ‘‘and a written expla- ‘‘3523. OIRA coordinated review of signifi- to that amendment in the nature of a nation of the exemption, including the date cant regulatory actions. of the decision and the reasons for exempting ‘‘3524. Public disclosure of regulatory re- substitute shall be in order except the specific statement, is made publically view.’’. those printed in part B of House Report available online’’. (c) DEFINITIONS.—Section 3502 of title 44, 115–21. Each such amendment may be Page 25, strike lines 1 through 7 and insert United States Code, is amended— offered only in the order printed in the the following: (1) in paragraph (13)(D), by striking ‘‘; and’’ report, by a Member designated in the ‘‘(20) the term ‘regulatory action’ means— and inserting a semicolon; report, shall be considered read, shall ‘‘(A) any substantive action by an agency (2) in paragraph (14), by striking the period at be debatable for the time specified in normally published in the Federal Register that promulgates or is expected to lead to the end and inserting a semicolon; and the report, equally divided and con- (3) by adding at the end the following new the promulgation of a final regulation, in- paragraphs: trolled by the proponent and an oppo- cluding notices of inquiry, advance notices ‘‘(15) the term ‘Administrator’ means, unless nent, shall not be subject to amend- of proposed rulemaking, and notices of pro- otherwise indicated, the Administrator of the ment, and shall not be subject to a de- posed rulemaking; or Office of Information and Regulatory Affairs; mand for division of the question. ‘‘(B) any agency statement of general ap- ‘‘(16) the term ‘economically significant regu- AMENDMENT NO. 1 OFFERED BY MR. MITCHELL plicability and future effect, other than a latory action’ means any regulatory action de- The Acting CHAIR. It is now in order substantive action described in subparagraph scribed under subparagraph (A) or (B) of para- (A), which sets forth a policy on a statutory, graph (21); to consider amendment No. 1 printed in regulatory, or technical issue or an interpre- ‘‘(17) the term ‘OIRA’ means the Office of In- part B of House Report 115–21. tation of a statutory or regulatory issue;’’. formation and Regulatory Affairs; Mr. MITCHELL. Mr. Chair, I have an Page 26, insert after line 16 the following: ‘‘(18) the term ‘regulation’— amendment at the desk. (e) EFFECTIVE DATE.—Section 3524 of title ‘‘(A) means an agency statement of general The Acting CHAIR. The Clerk will 44, as added by subsection (a), shall take ef- applicability and future effect, which the agen- designate the amendment. fect 120 days after the date of the enactment cy intends to have the force and effect of law, The text of the amendment is as fol- of this Act. that is designed to implement, interpret, or pre- lows: SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. scribe law or policy or to describe the procedure No additional funds are authorized to carry or practice requirements of an agency; and Page 7, line 2, strike ‘‘Administrator shall out the requirements of this Act and the ‘‘(B) does not include such a statement if— work with interested’’ and insert the fol- amendments made by this Act. Such require- ‘‘(i) issued in accordance with the formal rule- lowing: ‘‘head of each agency shall submit ments shall be carried out using amounts making provisions of sections 556 and 557 of title the program descriptions required in sub- otherwise authorized. 5; paragraph (B) to the Administrator. The Ad- ‘‘(ii) the statement pertains to a military or ministrator shall work with other inter- The Acting CHAIR. Pursuant to foreign affairs function of the United States, ested’’. House Resolution 156, the gentleman other than procurement regulations and regula- Page 7, beginning on line 16, strike ‘‘April from Michigan (Mr. MITCHELL) and a tions involving the import or export of non- 1 and October 1’’ and insert ‘‘March 15 and Member opposed each will control 5 defense articles and services; September 15’’. minutes. ‘‘(iii) the statement is limited to an agency or- Page 8, beginning on line 17, strike ‘‘anal- The Chair recognizes the gentleman ganization, management, or personnel matters; ysis or quantification’’ and insert ‘‘clear from Michigan. or summary’’. Mr. MITCHELL. Mr. Chair, this Page 15, beginning on line 16, strike ‘‘writ- ‘‘(iv) the statement is exempted as a regula- amendment makes technical changes tion by the Administrator; ten request by the Administrator or the head ‘‘(19) the term ‘regulation identifier number’ of the agency. Such request shall be granted to H.R. 1009 to ensure consistency in means a unique identification code for regula- unless the nonrequesting party denies the re- dates and terms, require OIRA to re- tions, which is designed to assist tracking regu- quest in writing within 5 days after receipt view significant guidance, and prohibit lations through the course of development; of the request for extension.’’ and insert the authorization of additional funds. It al- ‘‘(20) the term ‘regulatory action’ means any following: ‘‘mutual agreement of the Admin- lows OIRA 4 weeks to review the Uni- substantive action by an agency normally pub- istrator and the head of the agency. For each fied Agenda submissions, requires a lished in the Federal Register that promulgates 30 day extension, the Administrator shall mutual agreement to extend the regu- or is expected to lead to the promulgation of a make publicly available online a written ex- final regulation, including notices of inquiry, planation, including the reasons for the ex- latory review beyond 90 days, and re- advance notices of proposed rulemaking, and tension and an estimate of the expected con- quires a written explanation of each 30 notices of proposed rulemaking; clusion date.’’. days of the extension. ‘‘(21) the term ‘significant regulatory action’ Page 15, line 22, strike ‘‘complete’’ and in- That is critical. They must explain means any regulatory action that is likely to re- sert ‘‘conclude’’. to us, to the people, any extension. sult in a regulation that may— Page 19, line 14, strike ‘‘assess’’ and insert It clarifies the timing of the post-re- ‘‘(A) have an annual effect on the economy of ‘‘review’’. view disclosure to occur as soon as the $100,000,000 or more; Page 20, line 7, strike ‘‘and provide those agency makes the proposed final rule ‘‘(B) adversely affect in a material way the written comments to the submitting agen- economy, a sector of the economy, productivity, cy’’. public, clarifies that disclosure of competition, jobs, the environment, public Page 21, beginning on line 20, strike ‘‘With- interagency communication is limited health or safety, or State, local, or tribal gov- in 24 hours after the conclusion of the OIRA to exchanges with senior-level OIRA ernments or communities; review under this section, the head of the staff, requires a written explanation

VerDate Sep 11 2014 03:05 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD17\MARCH\H01MR7.REC H01MR7 March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1439 for any exempt regulations, and ex- It is just not realistic to believe that I have no further statements at this pands OIRA to review the guidance an agency whose top official is ap- time. document per a Bush-era executive pointed by the President would tell the I yield back the balance of my time. order. White House it cannot have an exten- The Acting CHAIR. The question is on the amendment offered by the gen- b 1645 sion if the White House asks. This amendment also does nothing to ad- tleman from Michigan (Mr. MITCHELL). This amendment primarily makes dress the concern that the bill could The amendment was agreed to. technical changes to the bill that were interfere with other laws. AMENDMENT NO. 2 OFFERED BY MR. BUCK developed in consultation with OIRA The Natural Resources Defense Coun- The Acting CHAIR. It is now in order staff. We took their concerns and sug- cil sent a letter to House Members op- to consider amendment No. 2 printed in gestions into account, and we incor- posing H.R. 1009. That letter states: part B of House Report 115–21. porated most of those in this amend- ‘‘The bill would also revive legisla- Mr. BUCK. Mr. Chairman, I have an ment. For example, this amendment tive language that Congress repealed amendment at the desk. clarifies the review extension process elsewhere because it made it impos- The Acting CHAIR. The Clerk will that has been the subject of some con- sible to protect the public. Specifi- designate the amendment. versation here. cally, in H.R. 1009, OIRA is charged The text of the amendment is as fol- Our minority counterparts have with ensuring that a regulation im- lows: claimed that OIRA has 90 days, plus a poses the least burden on society. Con- Page 2, line 19, strike ‘‘and’’. 30-day extension to review under cur- gress removed such language when it Page 2, line 22, strike ‘‘entities.’’ and in- rent executive order. That is clearly updated the Toxic Substances Control sert ‘‘entities; and’’. not true under the executive order or Act because the phase had made it im- Page 2, after line 22, insert the follow new in practice. Under the Obama adminis- possible for chemical safety regula- subparagraph: ‘‘(D) the methods used to ensure agencies tration, OIRA review, at times, exceed- tions to pass judicial muster, even coordinate with State, local, and Tribal gov- ed 2 years without explanation. This when the chemical was asbestos, well ernments.’’. limitless extension is permissible known to be a potent carcinogen.’’ Page 4, after line 14, insert the following under the governing executive order, This amendment also includes lan- new clause (and redesignate subsequent which allows an automatic 30-day ex- guage that says that no funds shall be clauses accordingly): tension at the request of OIRA and a authorized to carry out the bill. This ‘‘(v) A summary of the agency’s plan to co- limitless extension at the request of does not change the fact that the CBO ordinate with State, local, and Tribal gov- the agency. estimates that the bill will result in $3 ernments throughout the regulatory proc- ess.’’. We have heard that when OIRA needs million in direct spending. That is Page 8, line 16, strike ‘‘and’’. that additional time, they simply call money that Congress has not appro- Page 8, line 18, strike ‘‘benefits.’’ and in- up an agency and ask for an extension. priated that independent agencies like sert ‘‘benefits; and’’. So this bill requires transparency in the Federal Deposit Insurance Corpora- Page 8, after line 18, insert the following the review process, puts limits on that, tion and the Consumer Financial Pro- new clause: and requires the disclosure of that. tection Bureau would have to spend. ‘‘(iii) efforts to coordinate with State, OIRA has suggested the term is a CBO also estimates that the bill local, and Tribal governments.’’. would change the operations of the Page 9, line 23, insert ‘‘and policies’’ after mutual agreement between the agen- regulations. cies so that, in fact, we could put lim- Federal Reserve, which would result in Page 13, after line 14, insert the following its on the review and extension proc- $2 million in reduced revenues. new paragraph (and redesignate subsequent ess. CBO also estimates that agencies paragraphs accordingly): Another important addition to this would have to spend $4 million in ap- ‘‘(6) An explanation of agency efforts to co- amendment is that we are extending propriated funds each year to comply ordinate with State, local, and Tribal gov- OIRA’s review to guidance documents. with the requirements of this bill. ernments throughout the regulatory proc- This is not a new practice. In 2007, Making agencies comply with addi- ess.’’. tional requirements without giving Page 18, line 4, strike ‘‘appropriate’’ and President Bush issued Executive Order insert ‘‘impacted’’. 13422, which extended OIRA’s review to them more money means that agencies The Acting CHAIR. Pursuant to guidance documents. will have to choose between which re- While President Obama rescinded quirements they comply with and House Resolution 156, the gentleman that executive order, OIRA Adminis- which they ignore. from Colorado (Mr. BUCK) and a Mem- trator Shelanski affirmed to the Over- I oppose this amendment. ber opposed each will control 5 min- sight and Government Reform Com- Mr. Chair, I reserve the balance of utes. The Chair recognizes the gentleman mittee in the past Congress that OIRA my time. from Colorado. should continue the practice of review- Mr. MITCHELL. Mr. Chair, one brief Mr. BUCK. Mr. Chairman, this ing significant guidance documents. comment, which is we are perfectly These guidance documents will only comfortable with the cost of $20 mil- amendment empowers State, local, and rise to the level of OIRA review if they lion, given the billions of dollars that tribal governments by ensuring they meet the significant standard. the regulatory system currently costs have a say in the regulatory process. I urge my colleagues to support this businesses and taxpayers. We think it H.R. 1009 already codifies and im- amendment. is a small investment to, in fact, have proves upon the practices of the Office Mr. Chair, I reserve the balance of regulations make sense, not duplicate, of Information and Regulatory Affairs. my time. not be overburdensome; and we suggest My amendment strengthens the lan- Ms. PLASKETT. Mr. Chair, I claim that it is a small cost given the overall guage even further, requiring OIRA to the time in opposition to this amend- cost to running the Federal Govern- hold Federal agencies accountable for ment. ment to actually get regulation dialed coordinating and consulting with The Acting CHAIR. The gentlewoman back to some controllable level. State, local, and tribal governments from the Virgin Islands is recognized Mr. Chair, I yield back the balance of before issuing new regulations. In for 5 minutes. my time. other words, we are giving governors, Ms. PLASKETT. Mr. Chair, this man- Ms. PLASKETT. Mr. Chairman, I am local officials, and tribal leaders a say ager’s amendment does not fix the just so grateful that my colleague is in the regulations that affect them. flaws in the bill we are considering. interested in making investments, These local officials know what their One of the major flaws in the bill is monetary investments, with taxpayers’ communities need much better than the authority it gives to the Office of dollars. I will be looking to him and his the bureaucrats in Washington. Information and Regulatory Affairs to other cosponsors and supporters when Unfortunately, our Federal agencies hold up rules indefinitely. This amend- we are looking for investing in working have a habit of issuing regulations and ment attempts to address that concern class Americans and working people policies without consulting local and by requiring that any extension be and protecting health care and other State governments. For example, we agreed to by both the White House and benefits when we have the budget dis- just need to look at the EPA waters of the agency issuing the rule. cussions. the United States rule.

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.086 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1440 CONGRESSIONAL RECORD — HOUSE March 1, 2017 Historically, States have had signifi- administrative costs that this bill will So by requiring agencies to cant authority over water manage- likely cost Federal agencies. proactively consider duplication as ment. Governors have worked with The amendment also fails to insert a part of their regulatory plans, credi- local and tribal leaders to set up their provision into the bill to ensure that bility rears itself. We don’t need du- own laws and regulations to ensure OIRA reviews do not contradict exist- plicity. We don’t need to waste re- that water is properly allocated, that ing laws. The amendment also fails to sources and time in the Federal Gov- water meets certain quality standards, mandate a specific timeframe within ernment. and that water in their State is pro- which OIRA must complete its review. Secondly, my amendment works to tected from misuse. The amendment simply does nothing increase regulatory transparency by The EPA’s WOTUS rule is excessive to improve the numerous deficiencies improving the public’s access to infor- and burdensome because they dis- in this bill. mation. By requiring each agency to regarded the role of the States in Mr. Chairman, I yield back the bal- maintain a list of every active regu- crafting waterway regulations. The ance of my time. latory action submitted to the Office of agency held no substantive consulta- Mr. BUCK. Mr. Chairman, I yield Information and Regulatory Affairs on tion with State governments prior to back the balance of my time. its website, we can shine the light on issuing the rule, despite States’ histor- The Acting CHAIR. The question is agencies’ rules and regulations, which, ical roles in regulating their water sup- on the amendment offered by the gen- as we know, have the full effect of law. plies, despite the State-level experts tleman from Colorado (Mr. BUCK). This would include a list of all active who could have helped the EPA craft a The amendment was agreed to. regulatory actions, the agency’s most better regulation, despite President AMENDMENT NO. 3 OFFERED BY MR. YOUNG OF recent regulatory plan, and a link to Clinton’s Executive Order 13132 ensur- IOWA all records submitted to the Office of ing that Federal agencies consult with The Acting CHAIR. It is now in order Information and Regulatory Affairs for State, local, and tribal officials before to consider amendment No. 3 printed in review. issuing a rule. part B of House Report 115–21. In closing, many of our constituents Federal officials never gave State, Mr. YOUNG of Iowa. Mr. Chairman, I may be unfamiliar with the Office of local, and tribal officials the oppor- have an amendment at the desk. Information and Regulatory Affairs tunity to explain how their States were The Acting CHAIR. The Clerk will and its role and may not know where currently handling the situation and designate the amendment. to find important information on regu- how this rule could negatively impact The text of the amendment is as fol- latory actions. So simply creating a their jurisdictions. Since the EPA bu- lows: link on an agency website or websites reaucrats barreled ahead without Page 4, after line 14, insert the following to the records of OIRA, the Office of In- State, local, or tribal input, they pro- new clause (and redesignate the subsequent formation and Regulatory Affairs, posed an overreaching rule. clauses accordingly): making this available online is a sim- This amendment would require the ‘‘(v) A description of any action taken by ple change and low burden for a consid- the agency to ensure that each planned sig- EPA and other Federal agencies to ac- nificant regulatory action is not duplicative erable benefit. It is all about trans- count for how proposed rules will affect or conflicting with any other existing or parency. It is all about the taxpayers’ impacted States, localities, and tribes. planned regulatory action.’’. access to information. The amendment under consideration Page 22, after line 21, insert the following I appreciate the leadership of the simply requires Washington to listen new subsection (and redesignate the subse- chairman and the author of this bill, to and learn from local governments quent subsection accordingly): and I urge my colleagues to support my because local governments are closer ‘‘(b) AGENCY DISCLOSURE.—Each agency amendment and the underlying bill. to the people. And the people of this that submits a significant regulatory actions Mr. Chair, I reserve the balance of to OIRA under section 3522 or 3523 shall Nation should have a say in the rules maintain on the website of the agency the my time. and regulations that are affecting their following: Ms. PLASKETT. Mr. Chairman, I livelihoods. ‘‘(1) A list of each active regulatory action, claim the time in opposition to this In closing, this amendment is simple. including the status of the regulatory action amendment. It ensures that regulatory agencies or a link to each entry on the unified agen- The Acting CHAIR. The gentlewoman talk with State, local, and tribal lead- da. from the Virgin Islands is recognized ers throughout the regulatory process. ‘‘(2) The most recent regulatory plan of the for 5 minutes. I urge my colleagues in the House to agency. Ms. PLASKETT. Mr. Chairman, I support this. ‘‘(3) A link to each record disclosed under cannot support this amendment be- Mr. Chairman, I reserve the balance subsection (a).’’. cause it is duplicative of requirements of my time. The Acting CHAIR. Pursuant to already in place and will waste limited Ms. PLASKETT. Mr. Chairman, I House Resolution 156, the gentleman agency resources through additional claim the time in opposition, but I do from Iowa (Mr. YOUNG) and a Member burdensome requirements. not oppose this amendment. opposed each will control 5 minutes. On January 18, 2011, President Obama The Acting CHAIR. Without objec- The Chair recognizes the gentleman issued Executive Order 13563 requiring tion, the gentlewoman from the Virgin from Iowa. each agency to implement plans for re- Islands is recognized for 5 minutes. Mr. YOUNG of Iowa. Mr. Chair, my viewing existing rules. Section 6 of There was no objection. amendment seeks to strengthen the that executive order requires each Ms. PLASKETT. Mr. Chair, this underlying bill in two ways. First, my agency to ‘‘periodically review its ex- amendment would require agencies to amendment requires agencies to isting significant regulations to deter- report on their efforts to coordinate proactively consider whether their ac- mine whether any such regulations with State, local, and tribal govern- tions are duplicative or conflicting. As should be modified, streamlined, ex- ments throughout the regulatory proc- Iowans and all Americans know too panded, or repealed so as to make the ess. I agree that it is important that well, the maze of the Federal bureauc- agency’s regulatory program more ef- State, local, and tribal governments racy can too often be confusing and fective or less burdensome in achieving are properly included in the regulatory contradicting. the regulatory objectives.’’ process. The amendment, however, This long overdue provision holds the simply adds new requirements without agency proposing the regulation ac- b 1700 addressing the flaws in the underlying countable to prevent the growing red There can be no real doubt that this bill. tape strangling our economy and jobs executive order covers the review and The amendment fails to address the engine. elimination of duplicative and con- fact that this bill does not exclude The Federal regulatory environment flicting regulatory actions. Frankly, independent agencies from its cov- over the past few decades has allowed the elimination of regulations that are erage. Congress designed independent agencies to operate unchecked, leading duplicative or conflicting is one of the agencies to be just that, independent. to overlapping and conflicting rules most efficient actions an agency can The amendment fails to include an which come at a riveting cost to the take to make its regulatory program offset for the additional $20 million in economy, the taxpayer, and to jobs. more effective and less burdensome.

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.091 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1441 Forcing agencies to spend time and date of the consultation, the name of each The Acting CHAIR. The gentlewoman resources to describe what they are al- agency official involved with the consulta- from the Virgin Islands is recognized ready doing is wasteful and unduly bur- tion, and a description of the purpose of the for 5 minutes. consultation.’’. densome. Agencies already keep the Page 22, line 19, strike ‘‘and’’. Ms. PLASKETT. Mr. Chair, I yield public apprised of their regulatory ac- Page 22, line 21, strike the period and in- myself such time as I may consume. tivities through the easily-accessible sert ‘‘; and’’. Mr. Chairman, I oppose this amend- websites reginfo.gov and regula- Page 22, after line 21, insert the following ment, and it is unfortunate because we tions.gov, both of which are managed new paragraph: believe that this amendment, on its by the Office of Information and Regu- ‘‘(5) a list of each consultation described own, is something that would draw bi- under section 3523(b).’’. latory Affairs. Through these websites, partisan support. Unfortunately, this the public can search for rules, com- The Acting CHAIR. Pursuant to amendment is attached to H.R. 1009, ments, adjudications, and supporting House Resolution 156, the gentleman because the amendment would make documents. The public can also access from North Carolina (Mr. MEADOWS) the role of OIRA in the rulemaking and a Member opposed each will con- each agency’s unified agenda, which process more transparent. trol 5 minutes. contains the regulatory agenda for The Government Accountability Of- The Chair recognizes the gentleman each agency. fice has consistently found that OIRA from North Carolina. is not transparent about its involve- The public can also access a list of Mr. MEADOWS. Mr. Chairman, I ap- ment in shaping rules. The GAO testi- pending agency rules. Each of these preciate the leadership of the chairman fied to the Oversight and Government rules has easily accessible links that of the full committee on matters of Reform Committee, in March of 2016, can allow the public to obtain further transparency and accountability. I can information about the rule, including tell you that there is no one who has a that it has made 25 recommendations its status and Executive Order 12866 greater definitive desire to make sure to OMB to improve its process, but meetings about the rule. that we hold our government account- OMB has only implemented six of those This amendment does nothing to im- able and certainly accountable to the recommendations. prove the deficiencies in H.R. 1009, and American people. This amendment would be a step in will force agencies to waste their time So, it is with that goal in mind that the right direction. And as usual, my and limited resources on work that is I rise to ask my colleagues to support colleague, the esteemed gentleman already being done. I urge Members to an amendment that we are offering from North Carolina, always comes up oppose this amendment. that would actually just keep a log of with rational, well-reasoned amend- Mr. Chairman, I reserve the balance any of the pre-review consultations ments and ideas that can be supported of my time. with agencies that OIRA actually has across the aisle; and for that, you Mr. YOUNG of Iowa. Mr. Chairman, I and conducts, and to publish that list know, we believe and we are hopeful appreciate the spirit of this debate upon completion of review. that Mr. MEADOWS will work with the with my colleague across the aisle. Dating back to some 2003, the Gov- committee on a bipartisan basis to pur- This adds extra bite to what may al- ernment Accountability Office had sue these types of productive trans- ready be in place, oversight and ac- made the recommendation about in- parency reforms. countability, and Congress has a role creasing this transparency at the Of- It, unfortunately, does not fix the in this. fice of Information and Regulatory Af- problems with the underlying bill and So while I appreciate the spirit of fairs. GAO actually made one rec- is rather packaged with a partisan bill what my colleague said, and what has ommendation targeted at what they the House is considering today. For been done in the past, we want to give call informal review, Mr. Chairman, this reason, I am in opposition to the it extra teeth. Also, transparency and that OIRA conducts before an agency amendment. access to taxpayer information is so actually formally submits a rule for re- Mr. Chairman, I reserve the balance crucial. So I urge the adoption of this view. of my time. amendment. Indeed, the GAO recommended that Mr. MEADOWS. Mr. Chairman, I Ms. PLASKETT. Mr. Chairman, I the Director of the Office of Manage- yield myself such time as I may con- yield back the balance of my time. ment and Budget should define a trans- sume. Mr. YOUNG of Iowa. Mr. Chairman, I parency requirement that would be ap- I thank the gentlewoman from the yield back the balance of my time. plicable to agencies and OIRA, in Sec- Virgin Islands, and, as a gifted orator, The Acting CHAIR (Mr. MCCLIN- tion 6 of Executive Order 12866, in such and certainly a gifted attorney, I ap- TOCK). The question is on the amend- a way that would not include not only preciate her compliments. And al- ment offered by the gentleman from the formal review, but it would also in- though not all might agree with her as- Iowa (Mr. YOUNG). clude the informal review period when sessment of the reasonable fashion of The question was taken; and the Act- OIRA says that it has sometimes, con- which I craft particular amendments, I ing Chair announced that the ayes ap- sidering some of the most important do appreciate the fact that she recog- peared to have it. facts as it relates to new rules. nizes it in this case. Ms. PLASKETT. Mr. Chairman, I de- This recommendation remains She also knows that, in doing this, mand a recorded vote. unimplemented today, and I can tell working in a bipartisan way, is some- The Acting CHAIR. Pursuant to you, Mr. Chairman, we have had a thing that, on this particular com- clause 6 of rule XVIII, further pro- number of hearings where we have had mittee, Oversight and Government Re- ceedings on the amendment offered by this particular group in. I know my form, Mr. Chairman, we have had just the gentleman from Iowa will be post- colleagues, the gentleman opposite a wonderful history of being able to poned. from Virginia, and I believe that OIRA work in a real way. And so she cer- AMENDMENT NO. 4 OFFERED BY MR. MEADOWS plays a critical role. And yet, at the tainly has my commitment to continue The Acting CHAIR. It is now in order same time, some of these meetings to try to perfect the language in mak- to consider amendment No. 4 printed in were going on without the knowledge, ing sure that transparency is held part B of House Report 115–21. and even after the fact, when they paramount. Mr. MEADOWS. Mr. Chairman, I went into effect, and we had really no That being said, I don’t intend to have an amendment at the desk. understanding of some of the delibera- withdraw the amendment because The Acting CHAIR. The Clerk will tion that went on. there are two ways things get done designate the amendment. So this is just a great transparency, here in Washington, D.C., slow and The text of the amendment is as fol- commonsense amendment, and I would never. And if we just remember that, lows: urge my colleagues to support it. this particular day, hopefully we will put this in place. Page 12, line 8, insert after ‘‘action.’’ the Mr. Chairman, I reserve the balance following: ‘‘OIRA shall maintain a log of of my time. But the esteemed gentlewoman from each agency consultation with OIRA before Ms. PLASKETT. Mr. Chairman, I the Virgin Islands has my commitment submitting the significant regulatory action claim the time in opposition to this to work with her in a bipartisan way to for review under this section, including the amendment. perfect any language in legislation

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.094 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1442 CONGRESSIONAL RECORD — HOUSE March 1, 2017 that may come up after this particular The Acting CHAIR. Pursuant to like the manager’s amendment, it does bill. House Resolution 156, the gentleman nothing to improve the bill. This Mr. Chairman, I reserve the balance from Utah (Mr. CHAFFETZ) and a Mem- amendment, in fact, really does not of my time. ber opposed each will control 5 min- move the needle at all. Ms. PLASKETT. Mr. Chairman, the utes. Agencies, including the Office of fact that the esteemed gentleman of The Chair recognizes the gentleman Management and Budget, are required North Carolina is willing to work with from Utah. to preserve records according to the me means that it has been a wonderful Mr. CHAFFETZ. Mr. Chairman, this records schedules under the Federal day for me, and I am just so glad be- amendment requires OIRA to maintain Records Act and regulations issued by cause I understand, although I don’t al- records on each significant regulatory the National Archives and Records Ad- ways agree with everything that he action reviewed such that it is easily ministration. says, and I know that the gentleman accessible and transferrable when re- This amendment says that OIRA from North Carolina’s heart is in the sponding to congressional requests. must do what it is already required to right place; that he is working towards Unfortunately, in the last Congress, do. This amendment provides a plat- resolutions of issues; that he is prin- Mr. Chairman, the committee asked form to express frustration with cipled in his beliefs. for the Office of Information and Regu- OIRA’s response to a subpoena issued Mr. Chairman, I yield 1 minute to the latory Affairs, OIRA—asked Adminis- by the chairman during the Obama ad- esteemed gentleman from Virginia (Mr. trator Shelanski for records relating to ministration, as demonstrated by his the review of the Waters of the United CONNOLLY). statements just a few moments ago. Mr. CONNOLLY. Mr. Chair, I just States, often known as WOTUS, and I look forward to him expressing the want to associate myself with the un- that rulemaking process. The adminis- same outrage if the current adminis- derlying intent of my friend from trator repeatedly failed to take the re- tration does not provide documents North Carolina. He is right. At our quests seriously, which led me, as the that the Members on this side of the chairman of the Oversight and Govern- hearings, we did discover flaws in aisle, the Democratic members of the ment Reform Committee, to issue a OIRA’s process. And I think that his committee, request. subpoena in July of 2015. amendment is designed to try to ad- Mr. Chairman, I yield back the bal- Even upon issuance of a subpoena, ance of my time. dress that and to inject some very OIRA resisted responding to the re- needed transparency. Mr. CHAFFETZ. Mr. Chairman, I quest, blowing past deadlines and being yield back the balance of my time. Unfortunately, because of the under- totally nonresponsive. We held mul- lying bill, I am not going to oppose my The Acting CHAIR. The question is tiple hearings. We conducted tran- on the amendment offered by the gen- friend’s amendment, but I do share the scribed interviews. We had lengthy concern of my friend, the Delegate tleman from Utah (Mr. CHAFFETZ). staff-to-staff conversations, but still The amendment was agreed to. from the Virgin Islands, and will be op- OIRA did not seem to take the request posing the underlying bill. seriously. I don’t know how much b 1715 Ms. PLASKETT. Mr. Chair, I yield money they wasted in time and effort AMENDMENT NO. 6 OFFERED BY MR. CONNOLLY back the balance of my time. to slow this process down and resist The Acting CHAIR. It is now in order Mr. MEADOWS. Mr. Chairman, I our being able to get the information to consider amendment No. 6 printed in thank the two colleagues opposite for that they said they had in order to part B of House Report 115–21. their gracious remarks and understand make this decision. Mr. CONNOLLY. Mr. Chairman, I their reluctance to support it based on It was not until the committee, my- have an amendment at the desk. their concerns with the underlying bill. self, as the chairman, getting on the The Acting CHAIR. The Clerk will I, again, reaffirm my commitment to phone with the head of OMB, when I designate the amendment. work in a bipartisan way to make sure told him that I had every intention to The text of the amendment is as fol- that transparency is the key for the hold Mr. Shelanski in contempt and lows: day. issue a contempt report, that we actu- Page 26, after line 16, insert the following I yield back the balance of my time. ally received a full set of documents. new subsection: The Acting CHAIR. The question is This was well past a year since the ini- (e) EXEMPTION FOR INDEPENDENT REGU- on the amendment offered by the gen- tial request. You should not have to go LATORY AGENCIES.—The provisions of sec- tleman from North Carolina (Mr. through those gyrations whatsoever. tions 3522, 3523, and 3524 of title 44, United MEADOWS). I will think the resistance was large- States Code, as added by subsection (a), do The amendment was agreed to. ly a political maneuvering—this is my not apply to an independent establishment as defined in section 104 of title 5, United AMENDMENT NO. 5 OFFERED BY MR. CHAFFETZ own opinion—by the administration States Code. The Acting CHAIR. It is now in order that did not want us to see how rushed, to consider amendment No. 5 printed in incomplete, and politically involved The Acting CHAIR. Pursuant to part B of House Report 115–21. this regulatory review was. That is my House Resolution 156, the gentleman Mr. CHAFFETZ. Mr. Chairman, I own personal opinion. from Virginia (Mr. CONNOLLY) and a have an amendment at the desk. But for those who are here and the Member opposed each will control 5 The Acting CHAIR. The Clerk will future generations, it seems reasonable minutes. The Chair recognizes the gentleman designate the amendment. that they have to have their act in from Virginia. The text of the amendment is as fol- order if they are actually going to Mr. CONNOLLY. Mr. Chairman, first, lows: issue a rule. And if Congress asks for the underlying information, as Rep- I would like to note I do oppose the un- Page 22, line 5, strike ‘‘Public disclosure’’ derlying bill. This bill would require and insert ‘‘Disclosure’’. resentatives of the people, that should Page 22, after line 24, insert the following be easily transferrable to Congress independent agencies, for the first new subsection: upon request. time, to submit their rules to OIRA for ‘‘(c) RECORDKEEPING.—The Administrator That is what this amendment does. review. shall ensure any record associated with a This is why it should pass, and that is The Congressional Budget Office esti- significant regulatory action submitted to what this amendment is intended to mates the bill would increase direct OIRA under section 3522 or 3523 is easily ac- do. spending by $3 million and reduce reve- cessible for a period of time consistent with nues by $2 million. CBO also estimates approved records disposition schedules for Mr. Chairman, I reserve the balance of my time. that the bill would cost Federal agen- the agency, in a manner that all records as- cies an additional $20 million in admin- sociated with a significant regulatory action Ms. PLASKETT. Mr. Chairman, I rise can be promptly submitted to Congress upon in opposition to this amendment. istrative costs for compliance. request.’’. The Acting CHAIR. The gentlewoman The reason the bill costs money is be- Page 23, after line 4, strike the item relat- from the Virgin Islands is recognized cause it does not simply codify an exec- ing to section 3524 and insert the following for 5 minutes. utive order as its proponents suggest. new item: Ms. PLASKETT. Mr. Chairman, I do The bill would require independent ‘‘3524. Disclosure of regulatory review.’’. not oppose this amendment. However, agencies, for the first time, to submit

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.096 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1443 their rules to OIRA for review. Inde- the Consumer Financial Protection Bu- amendment. I think it takes us in the pendent agencies such as the FCC, reau, to give notice about upcoming wrong direction. We need to maximize SEC, and CFPB do not currently have regulations. It removes existing re- transparency, and this will help us to get the approval of the White House quirements, for instance, for the EPA achieve that. for regulations they issue. to submit its rules to OIRA for review. Mr. Chairman, I yield back the bal- Congress designed independent agen- In a March 2015 hearing, in fact, it ance of my time. cies to be just that—independent. This was Mr. CONNOLLY of Virginia who said: The Acting CHAIR. The question is bill would enshrine in law the ability ‘‘OIRA boasts an incredibly hard- on the amendment offered by the gen- for the White House to engage in polit- working, and dedicated corps of career tleman from Virginia (Mr. CONNOLLY). ical interference with those agencies. staff that is first-rate when it comes to The question was taken; and the Act- The Consumer Federation of America conducting quantitative analysis that ing Chair announced that the noes ap- sent a letter to House Members today weighs complex economic costs against peared to have it. opposing this bill. The letter said, inter potential benefits.’’ Mr. CONNOLLY. Mr. Chairman, I de- alia: I happen to agree with Mr. CONNOLLY. mand a recorded vote. I think there are good, hardworking, H.R. 1009 will jeopardize independence of The Acting CHAIR. Pursuant to agencies like the Consumer Product Safety and dedicated people who are com- clause 6 of rule XVIII, further pro- mitted to this country, and they work Commission, the Securities and Exchange ceedings on the amendment offered by hard. That is why I think this hard- Commission, the Commodity Futures Trad- the gentleman from Virginia will be ing Commission, the Federal Communica- working, dedicated corps of people who postponed. tions Commission, as well as other inde- work as career staff should offer first- pendent agencies because it will give the Of- rate, as we call it, analysis for all regu- ANNOUNCEMENT BY THE ACTING CHAIR fice of Information and Regulatory Affairs lations, not just some of them. Let’s do The Acting CHAIR. Pursuant to the ability to review significant rules. Au- it for all of them. I think that is fair. clause 6 of rule XVIII, proceedings will thorizing OIRA to conduct its own analysis We want to know that the regula- now resume on those amendments would not only add pressure from the execu- printed in part B of House Report 115– tive branch and add time and expense to that tions will be effective in achieving process, but would also give special interests their goals. We have to always keep 21 on which further proceedings were seeking to quash a safety measure, for exam- sight, Mr. Chairman, that all of us in postponed, in the following order: ple, yet another avenue to prevent a rule the Federal Government work for the Amendment No. 3 by Mr. YOUNG of from ever being promulgated. American people. They pay the bills Iowa. Indeed, one suspects that is the in- and they have to live under these regu- Amendment No. 6 by Mr. CONNOLLY tent of the bill. lations. We should maximize that of Virginia. A 2013 editorial in The New York transparency, whether they are, quote, The Chair will reduce to 2 minutes Times warned of the dangers of sub- unquote, independent or part of the ex- the minimum time for any electronic jecting independent agencies to OIRA ecutive agency. vote after the first vote in this series. review. The editorial foresaw what we If you are affected by a rule, you are AMENDMENT NO. 3 OFFERED BY MR. YOUNG OF are now dealing with 4 years later: affected by a rule, and people who are IOWA ‘‘Subjecting independent agencies to affected by those have every right to The Acting CHAIR. The unfinished executive regulatory review would not see what helped create that. So I don’t business is the demand for a recorded improve the rule-making process, but think there should be an exemption vote on the amendment offered by the it would ensure that ostensibly regu- that is carved out under this bill, and gentleman from Iowa (Mr. YOUNG) on lated industries are as unregulated and that is why I stand in opposition to which further proceedings were post- deregulated as possible.’’ this amendment. poned and on which the ayes prevailed It also said: ‘‘There is no question Mr. Chairman, I reserve the balance by voice vote. of my time. that making independent agencies less The Clerk will redesignate the Mr. CONNOLLY. Mr. Chairman, may independent is a bad idea.’’ amendment. I inquire how much time is remaining? My amendment would take care of The Acting CHAIR. The gentleman The Clerk redesignated the amend- that by repealing that portion of this from Virginia has 2 minutes remaining. ment. bill. I urge all Members to support the Mr. CONNOLLY. Mr. Chairman, I RECORDED VOTE amendment. thank my friend from Utah. The Acting CHAIR. A recorded vote Mr. Chairman, I reserve the balance I also enjoy working with him in has been demanded. of my time. finding common ground; however, I A recorded vote was ordered. Mr. CHAFFETZ. Mr. Chairman, I rise find it amusing to have myself quoted The vote was taken by electronic de- in opposition to the amendment. on the floor by the distinguished chair- vice, and there were—ayes 265, noes 158, The Acting CHAIR. The gentleman man because, just a few minutes ago, not voting 6, as follows: from Utah is recognized for 5 minutes. he was talking about how difficult it Mr. CHAFFETZ. Mr. Chairman, I do [Roll No. 117] was to get compliance from OIRA to AYES—265 appreciate working with my colleagues provide documents requested on a bi- on the Oversight and Government Re- Abraham Brooks (AL) Cramer partisan basis by the committee. Just Aderholt Brooks (IN) Crawford form Committee. We disagree on many a little bit before that, my friend from Aguilar Brownley (CA) Cuellar things, but we have good debates, and I North Carolina and I agreed on some Allen Buchanan Culberson do appreciate the spirit in which Mr. real problems in terms of the process Amash Buck Curbelo (FL) CONNOLLY brings this amendment for- Amodei Bucshon Davidson OIRA uses in the process of its mission. Arrington Budd Davis, Rodney ward. I enjoy working with the gentle- So it is hardly like our committee Babin Burgess Delaney woman from the Virgin Islands (Ms. found or I found that OIRA is without Bacon Bustos Denham PLASKETT), and certainly our ranking Banks (IN) Byrne Dent problem. Barletta Calvert DeSantis member, Mr. CUMMINGS. I believe the bottom line here, how- Barr Carter (GA) DesJarlais I try to accept and work with the mi- ever, is independent means inde- Barton Carter (TX) Diaz-Balart nority on all things, but certainly pendent. We created these agencies for Bera Chabot Donovan amendments that they would like to Bergman Chaffetz Duffy a reason and to be independent of Beyer Cheney Duncan (SC) see move forward. Unfortunately, I am White House political interference for Biggs Coffman Duncan (TN) going to have to oppose this one. I am a reason. I would submit, respectfully, Bilirakis Cohen Dunn trying to maximize transparency. now, more than ever, we want to pre- Bishop (MI) Cole Emmer Bishop (UT) Collins (GA) Farenthold I think what Mr. MITCHELL is bring- serve the independence of those organi- Black Collins (NY) Faso ing forward in this bill is the right pol- zations. Blackburn Comer Ferguson icy in opening up this transparency. Mr. Chairman, I yield back the bal- Blum Comstock Fitzpatrick I see this going in the wrong direc- Bost Conaway Fleischmann ance of my time. Brady (TX) Cook Flores tion. It would remove existing require- Mr. CHAFFETZ. Mr. Chairman, I Brat Cooper Fortenberry ments for agencies, such as the EPA or urge a ‘‘no’’ vote on this particular Bridenstine Costello (PA) Foxx

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.101 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1444 CONGRESSIONAL RECORD — HOUSE March 1, 2017 Franks (AZ) Loebsack Roskam McGovern Rice (NY) Takano Higgins (NY) Maloney, Sarbanes Frelinghuysen Long Ross McNerney Rosen Thompson (MS) Himes Carolyn B. Schakowsky Gabbard Loudermilk Rothfus Meeks Ruppersberger Titus Hoyer Maloney, Sean Schiff Gaetz Love Rouzer Meng Rush Tonko Huffman Matsui Schneider Gallagher Lucas Roybal-Allard Moore Ryan (OH) Torres Jackson Lee McCollum Schrader Gallego Luetkemeyer Royce (CA) Napolitano Sa´ nchez Tsongas Jayapal McEachin Scott (VA) Garrett MacArthur Ruiz Neal Sarbanes Vargas Jeffries McGovern Scott, David Gibbs Marchant Russell Nolan Schakowsky Veasey Johnson (GA) McNerney Serrano Norcross Schiff Gohmert Marino Rutherford Vela Johnson, E. B. Meeks Sewell (AL) Goodlatte Marshall O’Rourke Scott (VA) Meng Sanford Vela´ zquez Jones Shea-Porter Gosar Massie Pallone Scott, David Moore Scalise Visclosky Kaptur Sherman Gottheimer Mast Panetta Serrano Keating Moulton Sinema Gowdy Matsui Schneider Pascrell Sewell (AL) Walz Murphy (FL) Schrader Wasserman Kelly (IL) Sires Granger McCarthy Payne Shea-Porter Kennedy Napolitano Slaughter Graves (GA) McCaul Schweikert Pelosi Sherman Schultz Neal Scott, Austin Waters, Maxine Khanna Smith (WA) Graves (LA) McClintock Pingree Sires Kihuen Nolan Soto Sensenbrenner Pocan Slaughter Watson Coleman Graves (MO) McHenry Kildee Norcross Speier Green, Gene McKinley Sessions Polis Smith (WA) Welch O’Halleran Kilmer Suozzi Griffith McMorris Shimkus Price (NC) Soto Wilson (FL) Pallone Kind Swalwell (CA) Grothman Rodgers Shuster Quigley Speier Yarmuth Panetta Krishnamoorthi Takano Guthrie McSally Simpson Raskin Swalwell (CA) Pascrell Kuster (NH) Thompson (CA) Harper Meadows Sinema Payne NOT VOTING—6 Langevin Thompson (MS) Harris Meehan Smith (MO) Pelosi Larsen (WA) Titus Hartzler Messer Hudson LaMalfa Richmond Perlmutter Smith (NE) Larson (CT) Tonko Hensarling Mitchell Smith (NJ) Hurd Nadler Walden Peters Herrera Beutler Moolenaar Lawrence Pingree Torres Smith (TX) Lawson (FL) Tsongas Hice, Jody B. Mooney (WV) Smucker Pocan Higgins (LA) Moulton 1748 Lee Vargas Stefanik b Polis Hill Mullin Levin Price (NC) Veasey Stewart Himes Murphy (FL) Mr. GONZALEZ of Texas and Ms. Lewis (GA) Quigley Vela Stivers Holding Murphy (PA) MOORE changed their vote from ‘‘aye’’ Lieu, Ted Raskin Vela´ zquez Hollingsworth Newhouse Suozzi to ‘‘no.’’ Lipinski Rice (NY) Visclosky Taylor Loebsack Walz Huizenga Noem Messrs. GROTHMAN, AMODEI, Richmond Hultgren Nunes Tenney Lofgren Rosen Wasserman Hunter O’Halleran Thompson (CA) COHEN, DELANEY, THOMPSON of Lowenthal Roybal-Allard Schultz Issa Olson Thompson (PA) California, Ms. MATSUI, Messrs. KIND, Lowey Ruiz Waters, Maxine Jenkins (KS) Palazzo Thornberry MOULTON, BEYER, DUNCAN of South Lujan Grisham, Ruppersberger Watson Coleman Jenkins (WV) Palmer Tiberi M. Rush Welch Johnson (LA) Paulsen Tipton Carolina, and MARCHANT changed Luja´ n, Ben Ray Ryan (OH) Wilson (FL) Johnson (OH) Pearce Trott their vote from ‘‘no’’ to ‘‘aye.’’ Lynch Sa´ nchez Yarmuth Johnson, Sam Perlmutter Turner So the amendment was agreed to. Jones Perry Upton The result of the vote was announced NOES—234 Jordan Peters Valadao Abraham DesJarlais King (IA) Joyce (OH) Peterson Wagner as above recorded. Katko Pittenger Aderholt Diaz-Balart King (NY) Walberg AMENDMENT NO. 6 OFFERED BY MR. CONNOLLY Allen Donovan Kinzinger Kelly (MS) Poe (TX) Walker Kelly (PA) Poliquin The Acting CHAIR. The unfinished Amash Duffy Knight Walorski Amodei Duncan (SC) Kustoff (TN) Kihuen Posey Walters, Mimi business is the demand for a recorded Kind Ratcliffe Arrington Duncan (TN) Labrador Weber (TX) vote on the amendment offered by the King (IA) Reed Babin Dunn LaHood Webster (FL) gentleman from Virginia (Mr. CON- King (NY) Reichert Bacon Emmer LaMalfa Wenstrup Kinzinger Renacci NOLLY) on which further proceedings Banks (IN) Farenthold Lamborn Westerman Knight Rice (SC) were postponed and on which the noes Barletta Faso Lance Williams Barr Ferguson Latta Kuster (NH) Roby prevailed by voice vote. Kustoff (TN) Roe (TN) Wilson (SC) Barton Fitzpatrick Lewis (MN) Labrador Rogers (AL) Wittman The Clerk will redesignate the Bergman Fleischmann LoBiondo LaHood Rogers (KY) Womack amendment. Biggs Flores Long Lamborn Rohrabacher Woodall The Clerk redesignated the amend- Bilirakis Fortenberry Loudermilk Yoder Bishop (MI) Foxx Love Lance Rokita ment. Latta Rooney, Francis Yoho Bishop (UT) Franks (AZ) Lucas Lewis (MN) Rooney, Thomas Young (AK) RECORDED VOTE Black Frelinghuysen Luetkemeyer Blackburn Gaetz MacArthur Lipinski J. Young (IA) The Acting CHAIR. A recorded vote LoBiondo Ros-Lehtinen Zeldin Blum Gallagher Marchant has been demanded. Bost Garrett Marino NOES—158 A recorded vote was ordered. Brady (TX) Gibbs Marshall Brat Gohmert Massie Adams Cummings Jackson Lee The Acting CHAIR. This will be a 2- Bridenstine Goodlatte Mast Barraga´ n Davis (CA) Jayapal minute vote. Brooks (AL) Gosar McCarthy Bass Davis, Danny Jeffries The vote was taken by electronic de- Brooks (IN) Gowdy McCaul Beatty DeFazio Johnson (GA) vice, and there were—ayes 188, noes 234, Buchanan Granger McClintock Bishop (GA) DeGette Johnson, E. B. Buck Graves (GA) McHenry Blumenauer DeLauro Kaptur not voting 7, as follows: Bucshon Graves (LA) McKinley Blunt Rochester DelBene Keating [Roll No. 118] Budd Graves (MO) McMorris Bonamici Demings Kelly (IL) Burgess Griffith Rodgers Boyle, Brendan DeSaulnier Kennedy AYES—188 Byrne Grothman McSally F. Deutch Khanna Adams Chu, Judy DeSaulnier Calvert Guthrie Meadows Brady (PA) Dingell Kildee Aguilar Cicilline Deutch Carter (GA) Harper Meehan Brown (MD) Doggett Kilmer Barraga´ n Clark (MA) Dingell Carter (TX) Harris Messer Butterfield Doyle, Michael Krishnamoorthi Bass Clarke (NY) Doyle, Michael Chabot Hartzler Mitchell Capuano F. Langevin Beatty Clay F. Chaffetz Hensarling Moolenaar Carbajal Ellison Larsen (WA) Bera Cleaver Ellison Cheney Herrera Beutler Mooney (WV) Ca´ rdenas Engel Larson (CT) Beyer Clyburn Engel Coffman Hice, Jody B. Mullin Carson (IN) Eshoo Lawrence Bishop (GA) Cohen Eshoo Cole Higgins (LA) Murphy (PA) Cartwright Espaillat Lawson (FL) Blumenauer Connolly Espaillat Collins (GA) Hill Newhouse Castor (FL) Esty Lee Blunt Rochester Conyers Esty Collins (NY) Holding Noem Castro (TX) Evans Levin Bonamici Correa Evans Comer Hollingsworth Nunes Chu, Judy Foster Lewis (GA) Boyle, Brendan Costa Foster Comstock Huizenga Olson Cicilline Frankel (FL) Lieu, Ted F. Courtney Frankel (FL) Conaway Hultgren Palazzo Clark (MA) Fudge Lofgren Brady (PA) Crist Fudge Cook Hunter Palmer Clarke (NY) Garamendi Lowenthal Brown (MD) Crowley Gabbard Cooper Issa Paulsen Clay Gonzalez (TX) Lowey Brownley (CA) Cuellar Gallego Costello (PA) Jenkins (KS) Pearce Cleaver Green, Al Lujan Grisham, Bustos Cummings Garamendi Cramer Jenkins (WV) Perry Clyburn Grijalva M. Butterfield Davis (CA) Gottheimer Crawford Johnson (LA) Peterson Connolly Gutie´rrez Luja´ n, Ben Ray Capuano Davis, Danny Green, Al Culberson Johnson (OH) Pittenger Conyers Hanabusa Lynch Carbajal DeFazio Green, Gene Curbelo (FL) Johnson, Sam Poe (TX) Correa Hastings Maloney, Ca´ rdenas DeGette Grijalva Davidson Jordan Poliquin Costa Heck Carolyn B. Carson (IN) Delaney Gutie´rrez Davis, Rodney Joyce (OH) Posey Courtney Higgins (NY) Maloney, Sean Cartwright DeLauro Hanabusa Denham Katko Reed Crist Hoyer McCollum Castor (FL) DelBene Hastings Dent Kelly (MS) Reichert Crowley Huffman McEachin Castro (TX) Demings Heck DeSantis Kelly (PA) Renacci

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.047 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1445 Rice (SC) Sensenbrenner Valadao The Clerk read as follows: knows how you plan to pay for that, Roby Sessions Wagner that is when you have a credibility Roe (TN) Shimkus Walberg Mr. Cartwright moves to recommit the bill Rogers (AL) Shuster Walden H.R. 1009 to the Committee on Oversight and problem. Rogers (KY) Simpson Walker Government Reform with instructions to re- We don’t need a White House with a Rohrabacher Smith (MO) Walorski port the same back to the House forthwith credibility problem. We need these Rokita Smith (NE) Walters, Mimi with the following amendment: promises the President has made to Rooney, Francis Smith (NJ) Weber (TX) At the end of the bill, add the following Rooney, Thomas Smith (TX) come true. We need a stronger econ- Webster (FL) new subsection: J. Smucker Wenstrup (e) EXEMPTION FOR THE OFFICE OF GOVERN- omy full of family-sustaining jobs. We Ros-Lehtinen Stefanik need Social Security, Medicaid, and Roskam Stewart Westerman MENT ETHICS.—The provisions of sections Ross Stivers Williams 3522, 3523, and 3524 of title 44, United States Medicare to be protected. We need to Rothfus Taylor Wilson (SC) Code, as added by subsection (a), do not have an executive branch we can trust. Rouzer Tenney Wittman apply to the Office of Government Ethics. This is our future, and we need to be Royce (CA) Thompson (PA) Womack Russell Thornberry Woodall The SPEAKER pro tempore. The gen- smart about it. I believe that smart Rutherford Tiberi Yoder tleman from Pennsylvania is recog- people trust, but they verify. Sanford Tipton Yoho nized for 5 minutes. The problem is we do seem to have a Scalise Trott Young (AK) President whose relationship with the Schweikert Turner Young (IA) Mr. CARTWRIGHT. Madam Speaker, Scott, Austin Upton Zeldin this is the final amendment to the bill truth is, at best, a nodding acquaint- which will not kill the bill or send it ance. This is why we need a strong Of- NOT VOTING—7 back to committee. If adopted, the bill fice of Government Ethics more than Doggett Hurd Ratcliffe ever. Gonzalez (TX) Nadler will immediately proceed to final pas- Hudson O’Rourke sage, as amended. This motion to re- Ronald Reagan was right; it needs to commit is to defend ethical conduct be an office independent of control by b 1753 throughout our government. the White House. Ms. MAXINE WATERS of California In response to the Watergate scandal, We need it to keep our leaders from changed her vote from ‘‘no’’ to ‘‘aye.’’ Congress created the Office of Govern- enriching themselves in public office, So the amendment was rejected. ment Ethics to protect against uneth- to keep our leaders honest, to help us The result of the vote was announced ical behavior in the executive branch. trust, but verify that our elected offi- as above recorded. In 1988, President Ronald Reagan cials do what is best for the American The Acting CHAIR. The question is signed into law a bill to strengthen the people and not their own pocketbooks. on the amendment in the nature of a Office of Government Ethics by remov- We need it to ensure that our Presi- substitute, as amended. ing it from the Office of Personnel dent is acting in our best interest with The amendment was agreed to. Management and giving it greater nations around the world. We have al- The Acting CHAIR. Under the rule, independence from the White House. ready seen this President and his staff the Committee rises. repeatedly lie and refuse to answer Accordingly, the Committee rose; b 1800 questions about their business and po- and the Speaker pro tempore (Ms. ROS- Now Congress is attempting to undo litical ties with dealings in Russia. We LEHTINEN) having assumed the chair, this vision of a strong, independent Of- have seen, at a minimum, improper and Mr. MCCLINTOCK, Acting Chair of the fice of Government Ethics at a time potentially far worse collusion over Committee of the Whole House on the when we need it more than ever. This rigging an election, and we have seen state of the Union, reported that that bill would put the Office of Govern- the administration attempt to influ- Committee, having had under consider- ment Ethics right back under the con- ence investigations into their dealings ation the bill (H.R. 1009) to amend title trol of the White House, and that is with Russia. 44, United States Code, to require the why this motion to recommit simply We need an Office of Government Administrator of the Office of Informa- excludes OGE from this bill. Ethics to be independent of the White tion and Regulatory Affairs to review We appreciate the need for strong House because this President has used regulations, and for other purposes, ethical guidelines most strongly when diplomatic relations to promote his and, pursuant to House Resolution 156, people act unethically. Every day we businesses abroad at the expense of the he reported the bill back to the House witness this White House struggle with American taxpayer. He promised to with an amendment adopted in the honesty and credibility. We heard the drain the swamp and immediately Committee of the Whole. promises last night, the ones we have started appointing his billionaire bud- The SPEAKER pro tempore. Under been hearing all along. dies to Cabinet positions and rush their the rule, the previous question is or- When you promise to create family- hearings through before they could dered. sustaining jobs by revitalizing Amer- even complete the ethics process. Is a separate vote demanded on any ican infrastructure and then we find The SPEAKER pro tempore. The amendment to the amendment re- out he means to do it with tax breaks time of the gentleman from Pennsyl- ported from the Committee of the to huge corporations and none of the vania has expired. Whole? regular guarantees that the people ac- The Chair reminds Members to re- If not, the question is on the amend- tually doing the work will be treated frain from engaging in personalities to- ment in the nature of a substitute, as right and paid fairly, that is when you ward the President. amended. have a credibility problem. Mr. MITCHELL. Madam Speaker, I The amendment was agreed to. When you promote yourself as a man rise in opposition to the motion to re- The SPEAKER pro tempore. The of the people but then we find out you commit by my colleague. question is on the engrossment and have stuffed your Cabinet with out-of- The SPEAKER pro tempore. The gen- third reading of the bill. touch billionaire friends, that is when tleman from Michigan is recognized for The bill was ordered to be engrossed you have a credibility problem. 5 minutes. and read a third time, and was read the When you promise to fix America’s Mr. MITCHELL. Madam Speaker, I third time. education system but then we see you thank my colleagues on both sides of MOTION TO RECOMMIT appoint Betsy DeVos to head the De- the aisle for the robust process by Mr. CARTWRIGHT. Madam Speaker, partment of Education, someone with which we considered this bill. I have a motion to recommit at the no education experience, someone who The bill came to the floor through desk. wants to gut public education, that is regular order in the Committee on The SPEAKER pro tempore. Is the when you have a credibility problem. Oversight and Government Reform. We gentleman opposed to the bill? When you address Congress and had a full markup which allowed for Mr. CARTWRIGHT. I am opposed to promise to repeal and replace the Af- Members on both sides of the aisle to it in its current form. fordable Care Act in a way that guar- offer amendments and insight. We had The SPEAKER pro tempore. The antees increased access, coverage of healthy debate on a number of amend- Clerk will report the motion to recom- preexisting conditions, and that costs ments, and we just voted on some of mit. will go down but no one in America them.

VerDate Sep 11 2014 04:35 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.048 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1446 CONGRESSIONAL RECORD — HOUSE March 1, 2017 This bill codifies existing policy with Sewell (AL) Takano Visclosky The result of the vote was announced changes only to include independent Shea-Porter Thompson (CA) Walz as above recorded. Sherman Thompson (MS) Wasserman agencies and improve government Sinema Titus Schultz The SPEAKER pro tempore. The transparency. Sires Tonko Waters, Maxine question is on the passage of the bill. I oppose the motion to recommit. I Slaughter Torres Watson Coleman The question was taken; and the Smith (WA) Tsongas urge my colleagues to oppose the mo- Welch Speaker pro tempore announced that Soto Vargas Wilson (FL) Speier Veasey tion and vote ‘‘yes’’ on final passage. Yarmuth the ayes appeared to have it. I yield back the balance of my time. Suozzi Vela Mr. CONNOLLY. Madam Speaker, on ´ The SPEAKER pro tempore. Without Swalwell (CA) Velazquez that I demand the yeas and nays. objection, the previous question is or- NOES—234 The yeas and nays were ordered. dered on the motion to recommit. Abraham Goodlatte Palazzo The SPEAKER pro tempore. This is a There was no objection. Aderholt Gosar Palmer 5-minute vote. Allen Gowdy Paulsen The SPEAKER pro tempore. The Amash Granger Pearce The vote was taken by electronic de- question is on the motion to recommit. Amodei Graves (GA) Perry vice, and there were—yeas 241, nays The question was taken; and the Arrington Graves (LA) Pittenger 184, not voting 4, as follows: Babin Graves (MO) Poe (TX) Speaker pro tempore announced that Bacon Griffith Poliquin [Roll No. 120] the noes appeared to have it. Banks (IN) Grothman Posey YEAS—241 Barletta Guthrie Ratcliffe RECORDED VOTE Abraham Gallagher Moolenaar Barr Harper Reed Aderholt Garrett Mooney (WV) Mr. CARTWRIGHT. Madam Speaker, Barton Harris Reichert Allen Gibbs Mullin I demand a recorded vote. Bergman Hartzler Renacci Amash Gohmert Murphy (FL) Biggs Hensarling Rice (SC) A recorded vote was ordered. Amodei Goodlatte Murphy (PA) Bilirakis Herrera Beutler Roby Arrington Gosar Newhouse The SPEAKER pro tempore. Pursu- Bishop (MI) Hice, Jody B. Roe (TN) Babin Gottheimer Noem ant to clause 8 and clause 9 of rule XX, Bishop (UT) Higgins (LA) Rogers (AL) Bacon Gowdy Nunes Black Hill Rogers (KY) this 5-minute vote on the motion to re- Banks (IN) Granger Olson Blackburn Holding Rohrabacher commit will be followed by 5-minute Blum Hollingsworth Barletta Graves (GA) Palazzo Rokita Barr Graves (LA) Palmer votes on passage of H.R. 1009, if or- Bost Huizenga Rooney, Francis dered, and passage of H.J. Res. 83. Brady (TX) Hultgren Barton Graves (MO) Paulsen Rooney, Thomas Bergman Griffith Pearce This is a 5-minute vote. Brat Hunter J. Bridenstine Hurd Biggs Grothman Perry The vote was taken by electronic de- Ros-Lehtinen Bilirakis Guthrie Peterson Brooks (AL) Issa Roskam vice, and there were—ayes 193, noes 234, Brooks (IN) Jenkins (KS) Bishop (MI) Harper Pittenger Ross Bishop (UT) Harris Poe (TX) not voting 2, as follows: Buchanan Jenkins (WV) Rothfus Buck Johnson (LA) Black Hartzler Poliquin [Roll No. 119] Rouzer Blackburn Hensarling Posey Bucshon Johnson (OH) Royce (CA) Budd Johnson, Sam Blum Herrera Beutler Ratcliffe AYES—193 Russell Bost Hice, Jody B. Reed Burgess Jordan Rutherford Adams Doyle, Michael Lowenthal Byrne Joyce (OH) Brady (TX) Higgins (LA) Reichert Sanford Aguilar F. Lowey Calvert Katko Brat Hill Renacci Scalise Barraga´ n Ellison Lujan Grisham, Carter (GA) Kelly (MS) Bridenstine Holding Rice (SC) Schweikert Bass Engel M. Carter (TX) Kelly (PA) Brooks (AL) Hollingsworth Roby Scott, Austin Beatty Eshoo Luja´ n, Ben Ray Chabot King (IA) Brooks (IN) Huizenga Roe (TN) Sensenbrenner Bera Espaillat Lynch Chaffetz King (NY) Buchanan Hultgren Rogers (AL) Sessions Beyer Esty Maloney, Cheney Kinzinger Buck Hunter Rogers (KY) Shimkus Bishop (GA) Evans Carolyn B. Coffman Knight Bucshon Hurd Rohrabacher Shuster Blumenauer Foster Maloney, Sean Cole Kustoff (TN) Budd Issa Rokita Simpson Blunt Rochester Frankel (FL) Matsui Collins (GA) Labrador Burgess Jenkins (KS) Rooney, Francis Smith (MO) Bonamici Fudge McCollum Collins (NY) LaHood Byrne Jenkins (WV) Rooney, Thomas Smith (NE) Boyle, Brendan Gabbard McEachin Comer LaMalfa Calvert Johnson (LA) J. F. Gallego McGovern Comstock Lamborn Smith (NJ) Carter (GA) Johnson (OH) Ros-Lehtinen Brady (PA) Garamendi McNerney Conaway Lance Smith (TX) Carter (TX) Johnson, Sam Roskam Smucker Brown (MD) Gonzalez (TX) Meeks Cook Latta Chabot Jones Ross Stefanik Brownley (CA) Gottheimer Meng Costello (PA) Lewis (MN) Chaffetz Jordan Rothfus Green, Al Stewart Bustos Moore Cramer LoBiondo Cheney Joyce (OH) Rouzer Green, Gene Moulton Stivers Coffman Katko Royce (CA) Butterfield Crawford Long Grijalva Murphy (FL) Taylor Cole Kelly (MS) Russell Capuano Culberson Loudermilk Gutie´rrez Napolitano Tenney Collins (GA) Kelly (PA) Sanford Carbajal Curbelo (FL) Love Hanabusa Neal Thompson (PA) Collins (NY) King (IA) Scalise Ca´ rdenas Davidson Lucas Hastings Nolan Thornberry Comer King (NY) Schweikert Carson (IN) Davis, Rodney Luetkemeyer Heck Norcross Tiberi Comstock Kinzinger Scott, Austin Cartwright Denham MacArthur Higgins (NY) O’Halleran Tipton Conaway Knight Sensenbrenner Castor (FL) Dent Marchant Himes O’Rourke Trott Cook Kustoff (TN) Sessions Castro (TX) DeSantis Marino Hoyer Pallone Turner Cooper Labrador Shimkus Chu, Judy DesJarlais Marshall Huffman Panetta Upton Costa LaHood Shuster Cicilline Diaz-Balart Massie Jackson Lee Pascrell Valadao Costello (PA) LaMalfa Simpson Clark (MA) Donovan Mast Jayapal Payne Wagner Cramer Lamborn Sinema Clarke (NY) Duffy McCarthy Jeffries Pelosi Walberg Crawford Lance Smith (MO) Clay Duncan (SC) McCaul Johnson (GA) Perlmutter Walden Culberson Latta Smith (NE) Cleaver Duncan (TN) McClintock Johnson, E. B. Peters Walker Curbelo (FL) Lewis (MN) Smith (NJ) Clyburn Dunn McHenry Jones Peterson Walorski Davidson LoBiondo Smith (TX) Cohen Emmer McKinley Kaptur Pingree Walters, Mimi Davis, Rodney Long Smucker Connolly Farenthold McMorris Keating Pocan Weber (TX) Denham Loudermilk Stefanik Conyers Faso Rodgers Kelly (IL) Polis Webster (FL) Dent Love Stewart Cooper Ferguson McSally Kennedy Price (NC) Wenstrup DeSantis Lucas Stivers Correa Fitzpatrick Meadows Khanna Quigley Fleischmann Meehan Westerman DesJarlais Luetkemeyer Suozzi Costa Kihuen Raskin Flores Messer Williams Diaz-Balart MacArthur Taylor Courtney Kildee Rice (NY) Fortenberry Mitchell Wilson (SC) Donovan Marchant Tenney Crist Kilmer Richmond Foxx Moolenaar Wittman Duffy Marino Thompson (PA) Crowley Kind Rosen Franks (AZ) Mooney (WV) Womack Duncan (SC) Marshall Thornberry Cuellar Krishnamoorthi Roybal-Allard Frelinghuysen Mullin Woodall Duncan (TN) Massie Tiberi Cummings Kuster (NH) Ruiz Gaetz Murphy (PA) Yoder Dunn Mast Tipton Davis (CA) Langevin Ruppersberger Gallagher Newhouse Yoho Emmer McCarthy Trott Davis, Danny Larsen (WA) Rush Garrett Noem Young (AK) Farenthold McCaul Turner DeFazio Larson (CT) Ryan (OH) Gibbs Nunes Young (IA) Faso McClintock Upton DeGette Lawrence Sa´ nchez Gohmert Olson Zeldin Ferguson McHenry Valadao Delaney Lawson (FL) Sarbanes Fitzpatrick McKinley Wagner DeLauro Lee Schakowsky NOT VOTING—2 Fleischmann McMorris Walberg DelBene Levin Schiff Hudson Nadler Flores Rodgers Walden Demings Lewis (GA) Schneider Fortenberry McSally Walker DeSaulnier Lieu, Ted Schrader b 1811 Foxx Meadows Walorski Deutch Lipinski Scott (VA) Franks (AZ) Meehan Walters, Mimi Dingell Loebsack Scott, David So the motion to recommit was re- Frelinghuysen Messer Weber (TX) Doggett Lofgren Serrano jected. Gaetz Mitchell Webster (FL)

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.108 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1447 Wenstrup Wittman Yoho Department of Labor relating to ‘‘Clar- Womack Yoder Young (IA) Westerman Womack Young (AK) Woodall Yoho Zeldin Williams Woodall Young (IA) ification of Employer’s Continuing Ob- Wilson (SC) Yoder Zeldin ligation to Make and Maintain an Ac- NOES—191 curate Record of Each Recordable In- Adams Garamendi O’Halleran NAYS—184 jury and Illness’’, on which a recorded Aguilar Gonzalez (TX) O’Rourke ´ Adams Gabbard Nolan vote was ordered. Barragan Gottheimer Pallone Aguilar Gallego Norcross Bass Green, Al Panetta Barraga´ n Garamendi O’Halleran The Clerk read the title of the joint Beatty Green, Gene Pascrell Bass Gonzalez (TX) O’Rourke resolution. Bera Grijalva Payne Beatty Green, Al Pallone Beyer Hanabusa The SPEAKER pro tempore. The Pelosi Bera Green, Gene Panetta Bishop (GA) Hastings Perlmutter Beyer Grijalva Pascrell question is on the passage of the joint Blunt Rochester Heck Peterson ´ Bishop (GA) Gutierrez Payne resolution. Bonamici Higgins (NY) Pingree Blumenauer Hanabusa Pelosi Boyle, Brendan Himes Pocan Blunt Rochester Hastings Perlmutter This will be a 5-minute vote. F. Hoyer Polis Bonamici Heck Peters Brady (PA) Huffman The vote was taken by electronic de- Price (NC) Boyle, Brendan Higgins (NY) Pingree Brown (MD) Jackson Lee Quigley F. Himes Pocan vice, and there were—ayes 231, noes 191, Brownley (CA) Jayapal Brady (PA) Hoyer Polis not voting 7, as follows: Bustos Jeffries Raskin Rice (NY) Brown (MD) Huffman Price (NC) [Roll No. 121] Butterfield Johnson (GA) Brownley (CA) Jackson Lee Quigley Capuano Johnson, E. B. Richmond Bustos Jayapal Raskin AYES—231 Carbajal Kaptur Ros-Lehtinen Butterfield Jeffries Rice (NY) Ca´ rdenas Keating Rosen Abraham Gibbs Capuano Johnson (GA) Richmond Newhouse Carson (IN) Kelly (IL) Roybal-Allard Aderholt Gohmert Carbajal Johnson, E. B. Rosen Noem Cartwright Kennedy Ruiz Allen Goodlatte Ca´ rdenas Kaptur Roybal-Allard Nunes Castor (FL) Khanna Ruppersberger Amash Gosar Cartwright Keating Ruiz Olson Castro (TX) Kihuen Rush Amodei Gowdy Castor (FL) Kelly (IL) Ruppersberger Palazzo Chu, Judy Kildee Ryan (OH) Arrington Granger Castro (TX) Kennedy Rush Palmer Cicilline Kilmer Sa´ nchez Babin Graves (GA) Chu, Judy Khanna Ryan (OH) Paulsen Clark (MA) Kind Sarbanes Bacon Graves (LA) Cicilline Kihuen Sa´ nchez Pearce Clarke (NY) King (NY) Schakowsky Banks (IN) Graves (MO) Clark (MA) Kildee Sarbanes Perry Clay Krishnamoorthi Schiff Barletta Griffith Clarke (NY) Kilmer Schakowsky Peters Cleaver Kuster (NH) Schneider Barr Grothman Clay Kind Schiff Poe (TX) Clyburn Langevin Schrader Barton Guthrie Cleaver Krishnamoorthi Schneider Poliquin Cohen Larsen (WA) Scott (VA) Bergman Harper Clyburn Kuster (NH) Schrader Posey Connolly Larson (CT) Scott, David Biggs Harris Cohen Langevin Scott (VA) Ratcliffe Conyers Lawrence Bilirakis Hartzler Serrano Connolly Larsen (WA) Scott, David Reed Cooper Lawson (FL) Bishop (MI) Hensarling Sewell (AL) Conyers Larson (CT) Serrano Reichert Correa Lee Bishop (UT) Herrera Beutler Shea-Porter Correa Lawrence Sewell (AL) Renacci Costa Levin Black Hice, Jody B. Sherman Courtney Lawson (FL) Shea-Porter Rice (SC) Courtney Lewis (GA) Blackburn Higgins (LA) Sires Crist Lee Sherman Roby Crist Lieu, Ted Blum Hill Slaughter Crowley Levin Sires Roe (TN) Crowley Lipinski Bost Holding Smith (NJ) Cuellar Lewis (GA) Slaughter Rogers (AL) Cummings LoBiondo Brady (TX) Hollingsworth Smith (WA) Cummings Lieu, Ted Smith (WA) Rogers (KY) Davis (CA) Loebsack Brat Huizenga Soto Davis (CA) Lipinski Soto Rohrabacher Davis, Danny Lofgren Bridenstine Hultgren Speier Davis, Danny Loebsack Speier Rokita DeFazio Lowenthal Brooks (AL) Hunter Suozzi DeFazio Lofgren Swalwell (CA) Rooney, Francis DeGette Lowey Brooks (IN) Hurd Swalwell (CA) DeGette Lowenthal Takano Rooney, Thomas DeLauro Lujan Grisham, Buchanan Issa Takano Delaney Lowey Thompson (CA) J. DelBene M. Buck Jenkins (KS) Thompson (CA) DeLauro Lujan Grisham, Thompson (MS) Roskam Demings Luja´ n, Ben Ray Bucshon Jenkins (WV) Thompson (MS) DelBene M. Titus Ross DeSaulnier Lynch Budd Johnson (LA) Demings Luja´ n, Ben Ray Tonko Rothfus Deutch Maloney, Titus Burgess Johnson (OH) DeSaulnier Lynch Torres Rouzer Dingell Carolyn B. Tonko Byrne Johnson, Sam Deutch Maloney, Tsongas Royce (CA) Doggett Maloney, Sean Torres Calvert Jones Dingell Carolyn B. Vargas Russell Donovan Matsui Tsongas Carter (GA) Jordan Doggett Maloney, Sean Veasey Rutherford Doyle, Michael McCollum Vargas Carter (TX) Joyce (OH) Doyle, Michael Matsui Vela Sanford F. McEachin Veasey Chabot Katko F. McCollum Vela´ zquez Scalise Ellison McGovern Vela´ zquez Chaffetz Kelly (MS) Ellison McEachin Visclosky Schweikert Engel McNerney Visclosky Cheney Kelly (PA) Engel McGovern Walz Scott, Austin Eshoo Meeks Walz Coffman King (IA) Eshoo McNerney Wasserman Sensenbrenner Espaillat Meng Wasserman Cole Kinzinger Espaillat Meeks Schultz Sessions Esty Moore Schultz Collins (GA) Knight Esty Meng Waters, Maxine Shimkus Evans Moulton Waters, Maxine Collins (NY) Kustoff (TN) Evans Moore Watson Coleman Shuster Foster Murphy (FL) Watson Coleman Comer Labrador Foster Moulton Welch Frankel (FL) Napolitano Welch Comstock LaHood Simpson Frankel (FL) Napolitano Wilson (FL) Fudge Neal Wilson (FL) Conaway LaMalfa Sinema Fudge Neal Yarmuth Gabbard Nolan Yarmuth Cook Lamborn Smith (MO) Gallego Norcross Young (AK) NOT VOTING—4 Cramer Lance Smith (NE) Crawford Latta Smith (TX) Carson (IN) Nadler NOT VOTING—7 Cuellar Lewis (MN) Smucker Hudson Rutherford Blumenauer Gutie´rrez Nadler Culberson Long Stefanik Costello (PA) Hudson Curbelo (FL) Loudermilk Stewart Pittenger b 1818 Delaney Davidson Love Stivers So the bill was passed. Davis, Rodney Lucas Taylor The result of the vote was announced Denham Luetkemeyer Tenney b 1825 Dent MacArthur Thompson (PA) as above recorded. DeSantis Marchant Thornberry So the joint resolution was passed. A motion to reconsider was laid on DesJarlais Marino Tiberi The result of the vote was announced the table. Diaz-Balart Marshall Tipton as above recorded. Trott Duffy Massie A motion to reconsider was laid on f Duncan (SC) Mast Turner Upton the table. DISAPPROVING THE RULE SUB- Duncan (TN) McCarthy Dunn McCaul Valadao MITTED BY THE DEPARTMENT Emmer McClintock Vela f OF LABOR RELATING TO ‘‘CLARI- Farenthold McHenry Wagner FICATION OF EMPLOYER’S CON- Faso McKinley Walberg HOUR OF MEETING ON TOMORROW Ferguson McMorris Walden TINUING OBLIGATION TO MAKE Fitzpatrick Rodgers Walker Mr. BYRNE. Mr. Speaker, I ask AND MAINTAIN AN ACCURATE Fleischmann McSally Walorski unanimous consent that when the RECORD OF EACH RECORDABLE Flores Meadows Walters, Mimi House adjourns today, it adjourn to INJURY AND ILLNESS’’ Fortenberry Meehan Weber (TX) Foxx Messer Webster (FL) meet at 9 a.m. tomorrow. The SPEAKER pro tempore. The un- Franks (AZ) Mitchell Wenstrup The SPEAKER pro tempore (Mr. finished business is the vote on passage Frelinghuysen Moolenaar Westerman DUNN). Is there objection to the request Gaetz Mooney (WV) Williams of the joint resolution (H.J. Res. 83) Gallagher Mullin Wilson (SC) of the gentleman from Alabama? disapproving the rule submitted by the Garrett Murphy (PA) Wittman There was no objection.

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.051 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1448 CONGRESSIONAL RECORD — HOUSE March 1, 2017 APPOINTMENT OF MEMBERS TO establishes a national nutrition pro- The girls squad finished with an im- CONGRESSIONAL-EXECUTIVE gram for seniors 60 years and older. pressive 28–1–1 record under head coach COMMISSION ON THE PEOPLE’S For nearly 45 years, these critical Sami Reber, who is a former Edina REPUBLIC OF CHINA programs—commonly referred to as hockey player herself, bringing the The SPEAKER pro tempore. The Meals on Wheels—have delivered more title to her alma mater. Edina’s run of excellence is a testa- Chair announces the Speaker’s ap- than just nutritious meals to home- ment to their program’s serious dedica- pointment, pursuant to 22 U.S.C. 6913 bound seniors in virtually every com- tion on the ice, in the classroom, and and the order of the House of January munity across the country. in their community. On top of giving 3, 2017, of the following Members on the Meals on Wheels programs have come their all in their sport, these students part of the House to the Congressional- together each March, since 2002, to cel- also strive academically and con- Executive Commission on the People’s ebrate this proven collaboration of tribute in positive ways at home and Republic of China: local community organizations, busi- nesses, all levels of government, and among their peers. Mr. WALZ, Minnesota Mr. Speaker, we are so proud of these Ms. KAPTUR, Ohio compassionate individuals to ensure their seniors are not forgotten. student athletes, and it is fun to see f Thank you to everyone who works to Edina bringing their very first State APPOINTMENT OF MEMBERS TO help our seniors live healthy lives. high school hockey championship home. CANADA-UNITED STATES INTER- f PARLIAMENTARY GROUP Go Hornets. b 1830 f The SPEAKER pro tempore. The Chair announces the Speaker’s ap- ATTACK ON WOMEN’S HEALTH REACTION TO PRESIDENT pointment, pursuant to 22 U.S.C. 276d (Mrs. WATSON COLEMAN asked and TRUMP’S ADDRESS and the order of the House of January was given permission to address the (Mr. PAYNE asked and was given 3, 2017, of the following Members on the House for 1 minute.) permission to address the House for 1 part of the House to the Canada-United Mrs. WATSON COLEMAN. Mr. minute and to revise and extend his re- States Interparliamentary Group: Speaker, today begins Women’s His- marks.) Mr. HIGGINS, New York tory Month, and I am proud to use this Mr. PAYNE. Mr. Speaker, last night Ms. SLAUGHTER, New York occasion to lift up our achievements, President Trump delivered a speech Mr. MEEKS, New York our perseverance and dedication to a that was long on campaign themes but Mr. LARSEN, Washington more equal and balanced world. That is short on specifics. It seems the Presi- Mr. DEFAZIO, Oregon why it is so unfortunate that my col- dent is more interested in political the- f leagues on the other side of the aisle ater than leadership, and it showed. He and President Trump’s White House in- was very vague on every topic he dis- COMMUNICATION FROM THE cussed, from health care to trade, to DEMOCRATIC LEADER sist on harming women through their stubborn adherence to antiwomen poli- tax reform. The SPEAKER pro tempore laid be- cies. The campaign is over, but it is clear fore the House the following commu- One prime example is their assault President Trump hasn’t moved on. nication from the Honorable NANCY on the Affordable Care Act. The facts Where is his interest in governing and PELOSI, Democratic Leader: are clear: ACA prohibits charging in leading this Nation? I don’t see it. MARCH 1, 2017. women more than men for insurance; Just the day before, in his speech, he Hon. PAUL RYAN, discovered that health care is unbeliev- Speaker of the House of Representatives, U.S. ACA establishes preventive services to be provided at no extra cost to women, ably complex. Capitol, Washington, DC. Every day since the inauguration DEAR SPEAKER RYAN: Pursuant to 44 U.S.C. including annual well-women exams, President Trump has shown that he is 2702, I am pleased to reappoint Mr. John A. breastfeeding support, supplies for new ill-prepared, ill-tempered, and ill-in- Lawrence of Washington, D.C. to the Advi- moms, birth control, and screening and formed, and he does not understand sory Committee on the Records of Congress. counseling for domestic and intimate what governing is about. His speech did Thank you for your attention to this ap- partner violence; 9.5 million previously pointment. not change that. uninsured women now have coverage Sincerely, It is time for President Trump to through ACA; 55 million now have ac- NANCY PELOSI, stop talking about bringing this coun- Democratic Leader. cess to vital preventive care at no cost. try together and actually make an ef- f These are not alternative facts or fort to do so. He needs to engage Con- fake news. If this is the Trump Repub- SALUTE TO MEALS ON WHEELS gress, including the Congressional licans’ gift to us in celebration of Black Caucus. He needs to move from (Mr. THOMPSON of Pennsylvania Women’s History Month, I hope they platitudes to plans, and he also needs asked and was given permission to ad- keep the receipt. to act on the priorities of the American dress the House for 1 minute and to re- f people. vise and extend his remarks.) The SPEAKER pro tempore. Mem- Mr. THOMPSON of Pennsylvania. CONGRATS EDINA GIRLS HOCKEY CHAMPS bers are reminded to refrain from en- Mr. Speaker, today commemorates the gaging in personalities toward the 15th anniversary of March for Meals. (Mr. PAULSEN asked and was given President. This month-long grassroots campaign permission to address the House for 1 f seeks to raise awareness about senior minute and to revise and extend his re- hunger and isolation. It also celebrates marks.) REDDING VA LEASE APPROVAL the proven private-public partnership Mr. PAULSEN. Mr. Speaker, I want (Mr. LAMALFA asked and was given of government, local community orga- to offer a big congratulations to the permission to address the House for 1 nizations, businesses, and compas- Edina Girls hockey team for winning minute and to revise and extend his re- sionate individuals coming together to its very first Minnesota high school marks.) ensure that America’s seniors are not State championship. Mr. LAMALFA. Mr. Speaker, my dis- forgotten. The Hornets dominated in the cham- trict is home to nearly 60,000 men and As chairman of the Agriculture Sub- pionship game just last weekend, win- women who have served in our Nation’s committee on Nutrition, I know how ning 4–0. Senior forward Lolita Fidler Armed Forces, and many more are still important this program is to seniors led the way with an early goal in the serving today. Yet for too long, vet- across America. One in six seniors first period, finishing with two goals. erans have had trouble receiving vet- might not know where their next meal On the other end, senior goalie Anna erans medical care in our area, instead is coming from. Goldstein stood on her head through- being forced to travel to Sacramento or But on March 22, 1972, President out the tournament, allowing just one farther from places like Redding, Nixon signed into law a measure that goal in three games. Chico, or Yreka.

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.115 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1449 So I am proud to announce that the also known for her community service. it is another issue, but we are going to Transportation Infrastructure Com- She volunteered faithfully at a local go straight to really what I believe is mittee will authorize the VA to lease a senior citizens center in Dallas and the bigger cause of problems in our new facility in Redding, California. even worked full time for the senior communities, and that is the pharmacy This new lease will consolidate two citizens center in Palacios. benefit managers and their monopo- buildings into one and will expand the Despite her busy schedule, Angela listic, terrorist kind of ways that they regional VA square footage by over 50 had time for her favorite pastime, and are dealing with our community phar- percent in that consolidation, which that was putting puzzles together with macies and independent pharmacies will house an additional 17 mental her family. and actually causing problems in health providers, a mammography divi- My heartfelt sympathy goes out to health care. sion, and a second X-ray unit, signifi- her four children—Jesse J. Flores, Lu- GENERAL LEAVE cantly increasing the types of care cinda Flores, Diana Flores, and Steve Mr. COLLINS of Georgia. Mr. Speak- available in Redding and in the north Flores—5 siblings, 19 grandchildren, 43 er, I ask unanimous consent that all State. great-grandchildren, 8 great-great- Members have 5 legislative days to re- Taxpayers will put up the money for grandchildren, and numerous nieces vise and extend their remarks and to the facility. Now it is time for the VA and nephews. include any extraneous material in the to ensure that this facility is properly I ask my colleagues to join me in re- RECORD on this Special Order hour. staffed and these tax dollars are not membering Angela’s 90 years of life. The SPEAKER pro tempore. Is there wasted and instead respected, and, f objection to the request of the gen- most importantly, that our veterans tleman from Georgia? OPIOID CRISIS AND are respected with timely care. There was no objection. PHARMACEUTICAL COMPANIES f Mr. COLLINS of Georgia. Mr. Speak- (Ms. MICHELLE LUJAN GRISHAM THE UNSUSTAINABLE FUTURE OF er, as we get started now, we have a lot of New Mexico asked and was given STUDENT DEBT of speakers. This is something that has permission to address the House for 1 been on my heart for a while, and I (Mr. CARBAJAL asked and was given minute and to revise and extend her re- know that it is something we have permission to address the House for 1 marks.) been getting more and more comments minute and to revise and extend his re- Ms. MICHELLE LUJAN GRISHAM of and questions about, especially when marks.) New Mexico. Mr. Speaker, we continue you are dealing with the pharma- Mr. CARBAJAL. Mr. Speaker, I rise to see pharmaceutical companies put ceutical prices and the Pharma indus- on behalf of millions of students and profits over people. Even though 33,000 try. graduates in this country that are people are dying every year due to the When they begin to look into it, they struggling to finance their higher edu- opioid crisis, Kaleo Pharma raised the began to see that there was actually a cation and pay off student loans. price of a lifesaving opioid overdose bigger issue. It was not just big phar- Yesterday I invited Izeah Garcia to medication from $690 in 2014 to $4,500 macy and the problems that we do see the President’s address. Izeah is an ad- this year. in drug pricing. It was the end delivery vocate for increasing accessibility and The pharmaceutical industry has not that is going to the pharmacies and lowering the cost of a higher edu- only misled consumers and their pro- how the independent community phar- cation. Izeah and I share a similar viders to create a system where there macists are being beaten down in a way story: sons of hardworking immigrant are more opioid prescriptions than that is really unseemly in our society. parents, and the first in our families to adults in the United States, but they They are taking that healthcare line attend a university, both at UC Santa are now jacking up the price of life- tonight. Barbara, located in my district. saving drugs and making money on Like many students today struggling I have a lot of speakers, and I have a this opioid crisis that they helped, in to afford the rising cost of tuition, we lot of stuff that I am going to be talk- fact, create. relied on student loans to put us ing about. Meanwhile, the costs of the opioid Just as an important reminder: A through college. In the President’s epidemic fall on States, cities, commu- community pharmacist is an important speech last night, we didn’t hear one nities, hospitals, counties, courts, and niche in our healthcare system, serving mention of the over $1.3 trillion stu- local communities who, quite frankly, as the primary healthcare provider for dent loan debt crisis. I urge this administration and Con- do not have the resources to keep up. over 62 million people. Especially in gress to commit to addressing the This is why I introduced a bill which our rural and suburban areas, this is a unsustainable future of student debt by would impose a fee on the production vital lifeline. Roughly 40 percent of the allowing students to refinance their of opioids and use the revenue for prescriptions nationwide and a higher debt at a lower interest rate and ex- opioid prevention, treatment, and re- percentage in rural Georgia—especially panding access to Pell grants. We can search programs across the country. in northeast Georgia—are filled by our ensure that every student is afforded Pharmaceutical companies have to friends in the independent community the opportunity to pursue a higher edu- be part of solving the problem that pharmacy system. Look, the problems that we have and cation and to better their lives, their they helped cause and to give back to we are going to be discussing even fur- communities, and our country. the communities that opioids have rav- aged. ther tonight, we are going to delve into f f some issues that we want to see taken HONORING ANGELA LARA FLORES care of. We want to see this industry, THE IMPORTANCE OF COMMUNITY especially in dealing with pharmacy (Mr. VEASEY asked and was given PHARMACIES permission to address the House for 1 benefit managers, put into proper per- minute.) The SPEAKER pro tempore. Under spective so that we can actually take Mr. VEASEY. Mr. Speaker, I rise the Speaker’s announced policy of Jan- care of our constituents. today to honor the life of Angela Lara uary 3, 2017, the gentleman from Geor- A gentleman who has been a fighter Flores, a dedicated servant to her com- gia (Mr. COLLINS) is recognized for 60 and a leader with me on this from day munity and her family. minutes as the designee of the major- one since I have been in Congress and Angela was born in Palacios, Texas, ity leader. dealing with this issue, especially with on August 2, 1926, to her parents Mr. COLLINS of Georgia. Mr. Speak- transparency, is the gentleman from Cesario Lara and Lydia Teran. er, it is good to be back. It is good to Iowa (Mr. LOEBSACK). This is a fight She was a devoted, longtime member be back on the floor, as we have been that we are going to continue to keep of Casa de Dios Presbyterian Church now, for the last few weeks doing the fighting. I know he is as well, and we and served as the treasurer of the people’s business, and we will continue have a lot of friends tonight to help us church for 32 years. to move forward. out. Not only did Angela give her time I appreciate the last speaker dis- I yield to the gentleman from Iowa and energy to the church, but she was cussing pharmaceutical prices. I think (Mr. LOEBSACK) as he continues to try

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.118 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1450 CONGRESSIONAL RECORD — HOUSE March 1, 2017 to tell the story that we have been try- what is called maximum allowable I know we are looking at reform and ing to tell here for a long time. cost, or MAC. And this is a price list maybe replacing the Affordable Care Mr. LOEBSACK. Mr. Speaker, I real- that outlines the upper limit or the Act, but we have to be very careful, ly appreciate Representative COLLINS maximum amount that an insurance too. We all recognize the importance of of Georgia’s leadership on this issue. plan will pay for a generic drug. These Medicaid, I think, going forward, and it There is really no one in this body— lists are created by pharmacy benefit is really important, certainly, for these maybe with the exception of Rep- managers, as Mr. COLLINS mentions, pharmacies and these community phar- resentative CARTER of Georgia—who PBMs. This is the drug middleman. macists, and for their patients as well. can tell the story of community phar- There are lot of problems, but one of I thank the gentleman from Georgia. macists the way Representative DOUG the problems is that the methodology I really appreciate him including me in COLLINS does. used to create these lists are not dis- this process. This is bipartisan. It is I thank Representative COLLINS of closed. There is no transparency. important to so many communities, so Georgia for putting this Special Order Further, they are not updated on a many patients around America, and I hour together. He has been such a regular basis either, resulting often in am just happy to be here to say a few strong leader on pharmacy issues. He pharmacists being reimbursed below words. has been a great partner on the legisla- what it costs them to acquire the drugs Mr. COLLINS of Georgia. I appre- tion that we will be discussing this themselves. It is a major problem, be- ciate the gentleman being here. I know evening. cause when PBMs aren’t keeping the there are others from across the aisle I am proud to say that this is a bipar- cost of generic drugs consistent, those that are joining us in this fight, and we tisan issue, one of the few in this Con- price differentials can be a serious fi- are looking forward to continuing. gress at this point. It is one of the few nancial burden for local pharmacies. Mr. Speaker, I am just going to high- in Washington, D.C., at this point. We And we know when they have a finan- light a few things as we go through, have been able to find a consensus on cial burden, that will affect their busi- and we are going to move through this, at least with respect to one bill, ness, that will affect the economy in some of our speakers. and I think we are probably going to be the area, and that is going to affect Mr. Speaker, I want to highlight able to do it with respect to others as their patients as well. And we can’t something that pharmacy benefit man- well. have that as we are moving forward, agers, PBMs, for those watching, may We know for a fact that pharmacists especially in this country, doing what not know about, and they don’t want across the country serve as the first we can to reform health care. you to know about it, and it is called line of healthcare services for so many When we talk about reimbursement spread pricing. Really, what happens patients around this country. uncertainty for pharmacies, we are there is PBMs have the maximum al- b 1845 talking about uncertainty for those pa- lowable cost, which is what Mr. tients, as I just said. LOEBSACK was just talking about, that People count on pharmacists’ train- So, look, when we deal with this determine the maximum amount a ing and expertise to stay healthy and issue, I think we have to be very trans- pharmacy will be reimbursed for cer- to stay informed and, most impor- parent about it. We are going to be in- tain generic drugs. tantly, to stay out of urgent care cen- troducing later this week, on a bipar- However, the PBMs’ reimbursement ters and out of hospitals. That is why I tisan basis, this Prescription Drug price determinations are hidden. There am proud to stand here today with my Price Transparency Act. Specifically, is no transparency in the process. That colleagues to recognize the quality and what this act will do, it will increase is the bill that we are going to be put- the affordable and the personal care transparency of generic drug payments ting out. that pharmacists provide every day. in Medicare part D, in Medicare Advan- PBMs commonly manipulate the Within that group of pharmacists, we tage, the Federal Employees Health pricing by something called spread have got a subset of pharmacists, and Benefits Program, and TRICARE phar- pricing. PBMs charge employers a that is the community pharmacists macy programs, by requiring that higher price for drugs than necessary, and their pharmacies. They are also a PBMs do three things; and Mr. COLLINS and reimburse pharmacies at the MAC, great source not only of the expertise will flesh this out, and I think Mr. CAR- or the maximum allowable cost, which they provide, but economic growth in TER will as well. rural communities like those in my First, provide pricing updates at is typically lower. district and across the State of Iowa. least once every 7 days. Second, dis- Spread pricing allows PBMs to skim As Mr. COLLINS mentioned, rural close the sources used to update max- money from the difference between the areas are very important in this as imum allowable cost—or MAC—prices. high rate they charge for a prescription well. I am a member of the Small Busi- Third, notify pharmacies of any and the low rate they reimburse phar- ness Caucus. I recognize how chal- changes in individual drug prices be- macies. Spread pricing is artificially lenging it can be for some of these fore these prices can be used as a basis raising the acquisition cost of phar- small pharmacists to compete with the of reimbursement. macy drugs by overcharging at the ex- bigger companies. I appreciate their This is commonsense, bipartisan leg- pense of retail pharmacies, consumers, hard work to serve our communities. islation. We are going to hear more and health plans. And that is probably Like most small-business owners, about that in just a couple of minutes, one of the better things they do. This community pharmacists, they have to but I am very thankful to be here to gets worse. We are going to continue to face challenges to compete and nego- talk about these issues. talk about it. tiate on a day-to-day basis with large There is one more I want to talk Tonight I look forward to hearing entities as far as their business trans- about, if I might, Mr. COLLINS, and that some more from my friend. I yield to actions are concerned. I frequently is the importance of access to local the gentleman from Texas (Mr. BABIN). visit community pharmacists and I see pharmacies and Medicaid beneficiaries Welcome to the show. the great job they are doing. in particular. We know that Medicaid Mr. BABIN. Mr. Speaker, I thank One pressing challenge facing many beneficiaries depend on their phar- Congressman DOUG COLLINS for leading of our community pharmacists in par- macies as a provider of convenient, this very Special Order on a topic that ticular that will be discussed tonight is trusted care in their communities. is very near and dear to my heart, the the ambiguity and the uncertainty sur- In addition to dispensing vital pre- invaluable role of community phar- rounding the reimbursement of generic scription drugs, pharmacies provide ad- macists in our society. drugs. Generic prescription drugs ac- ditional services to Medicaid enrollees, As a rural dentist who practiced for count for the majority of drugs dis- including immunizations, medication 35 years, I can relate to the plight of pensed by pharmacists, making trans- therapy management—a really big community pharmacists who must parency in reimbursement absolutely issue—and point-of-care testing like flu overcome all of the challenges involved critical to the financial health of these or strep tests. These are preventive and in running a small business while serv- small pharmacies. maintenance care services that help to ing their patients and serving their But we know that pharmacists are fill in the gaps where provider short- customers and doing their job as a reimbursed for generic drugs through ages exist. medical professional.

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.119 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1451 Just like my small hometown of The problem was when they became surance companies also operates its Woodville, Texas, where I practice, vertically integrated, when they start- own PBM. many of the areas in which community ed owning distribution chains, when PBMs are supposed to be helping pharmacies are located are rural and they started owning their actual end- keep down the costs of drugs by negoti- have underserved, low-income and el- result pharmacies. When they started ating discounts and helping pharmacies derly populations. This can present doing this, it became then that they with managing drug plans, as they unique challenges and, oftentimes, re- are negotiating for themselves. And often claim to do. Despite these PBM sults in community pharmacists per- this is where the end-user—at the end promises, though, I have heard from forming a lot of services, such as face- of the day, the person who pays is the several pharmacy owners in my dis- to-face counseling and planning serv- Federal Government, but also the cus- trict who say that many PBMs are, in ices for patients’ medication regimen tomer, our constituents. This is what reality, ripping them off by drastically at no charge, care that is uncompen- happens here, and we are losing com- raising drug costs. sated by Medicare and not typically re- munity and independent pharmacists PBMs have tricks of the trade that imbursed by private insurance compa- every day. This is just not right. include retroactively charging phar- nies as well. When three companies control 80 per- macies more for drugs that they have What is even more challenging is the cent of the market and they use tactics already sold and processed. I am also uphill battle that community phar- like gag orders and other things, where told that PBMs also take too long to macists continually face in just getting they don’t want their pharmacists to update the market value of the drugs adequate payment for the lifesaving talk about it, where they send out let- on their covered drug lists. But these medications that they dispense on a ters saying that the pharmacist is not tricks are just two. PBMs use many daily basis and still be able to earn a on their plan anymore when clearly the more. small profit. pharmacist is, but then refuse to send According to one expert and phar- Community pharmacists rely on a retraction letter, this is just—I have macy owner in my district, he has seen pharmacy benefit managers, or PBMs, said this, and I have had people call me three primary causes for recent in- who negotiate directly with payors, in- after we have talked about this, Mr. creases in prescription drugs: one, FDA cluding private insurance companies, Speaker, where they basically said it is involvement, including requiring as well as Medicare part D and other amazing this is happening. And all I ‘‘modern clinical trials’’ of old drugs government plans, for reimbursement say is it is true, and it has never really that have worked for decades; two, levels for medications. The problem is been refuted. drug manufacturers needlessly hiking that the payment levels that make it Mr. Speaker, I yield to the gentleman the price of generic drugs; and three, up to the community pharmacists after from Tennessee (Mr. DUNCAN) and wel- PBMs charging ridiculous prices for the PBMs have ‘‘skimmed off the top’’ come him here to the floor to talk drugs and pocketing the profits. are well below the pharmacists’ acqui- more about this important issue for According to my constituents, PBMs sition costs and fail to be delivered in our communities. are the main culprit of the three. This a timely manner in many cir- Mr. DUNCAN of Tennessee. Mr. pharmacist recently met with me and cumstances, in many instances. Speaker, I thank the gentleman from shared an eye-opening example. One of Simply put, there is a dire need for Georgia for yielding, and I want to say his senior customers came in with a more transparency throughout this that, in a short time in the Congress, prescription for a fairly common drug. process and for more accountability for he has become one of our greatest The prescription had a real or actual PBMs. I proudly cosponsored legisla- Members, and I appreciate him leading cost of $23.40, but the pharmacist found tion that would do just this last year. this effort tonight. that the PBM was charging a copay of It was called the MAC Transparency It is sad, it is unfortunate that, with $250, over 10 times the actual cost of Act, and I now proudly support this bill any big government program, a small the drug. The pharmacist chose to just again in this 115th Congress. Now is the number of individuals or companies absorb the PBM’s ridiculous copay, and time to act on this bill. find ways to manipulate the system only charged his customer the actual As a dentist, it was my goal to treat and become wealthy. That is why 6 or cost of the drug. each patient to the highest standard of 7 of the 10 wealthiest counties in the Another pharmacist in my district care, a goal that I share with all of the U.S. are suburban counties to Wash- emailed me, describing how PBM prac- community pharmacists that I know. ington, D.C., and that is wrong. tices are accelerating seniors into the Sadly, if there is no change in the con- I have read for years about the re- Medicare part D coverage gap, or ditions that community pharmacists volving door at the Pentagon, about hole. He said: ‘‘All of these are facing, many of these providers will the defense contractors hiring all the PBMs have these types of unfair com- have to close their doors. Many already retired admirals and generals. The pensations . . . This is not fair, and it have, and our patients suffer. same thing has happened with the Food hurts our seniors.’’ For the sake of many rural commu- and Drug Administration, that the big Even more pharmacists in my dis- nities that I serve, I hope to see the drug giants have hired all the former trict have also reached out to me, say- MAC Transparency Act and other simi- top people at the FDA, and we have a ing that they only get pennies on the lar pieces of legislation move forward, drug price crisis in this country today. dollar for the drugs they sell. PBM ac- as well as a greater spotlight put on There are many parts of it, but we tions are forcing pharmacies to deny the actions of the PBMs so that com- want to talk tonight about one that patients access to critical medications, munity pharmacists can get the relief most don’t know about and you almost or to give drugs away for free. that they so desperately need to con- have to be a pharmacist to really un- The Daily Times in Blount County, tinue practicing. derstand what is going on. in my district, recently ran a story on I thank Congressman COLLINS for his But I rise tonight, Mr. Speaker, to PBMs called ‘‘Sworn to Secrecy.’’ leadership on this issue. join my colleagues in exposing, as I Mr. COLLINS of Georgia. I think the say, an almost unknown culprit in our b 1900 gentleman is hitting on something and, Nation’s drug price crisis, pharmacy The article cites a pharmacist in Mr. Speaker, I think this is really benefits managers, also known as Pennsylvania, Eric Pusey, who says something we need to discuss. We are PBMs. that his patients’ copays for drugs are not discussing simply a business model PBMs are essentially middlemen be- often higher than out-of-pocket costs. that was designed in a vacuum, that tween pharmacies and drug manufac- Why? Because of PBM clawbacks. Mr. was designed to help. turers, but the legal relationships Pusey says that if he explains Early on I stated this, and I state it among PBMs, pharmacies, and drug clawbacks to his customers, some get every time we have this. PBMs, in and insurance companies have become fired up and don’t even believe what we their first iteration, as they first came increasingly entangled and complex. are telling them is accurate. about, were a good mechanism to pro- For instance, one of the largest phar- Another pharmacist in Houston says: vide pricing and between the phar- macy chains also operates its own We look at it as theft—another way for macies and the wholesalers. PBM, and one of the largest medical in- the PBMs to steal. Most people don’t

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.121 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1452 CONGRESSIONAL RECORD — HOUSE March 1, 2017 understand. If their copay is high, then advocacy, and for what he has done to can take it and be done with it. People they care. bring about attention to this very im- were going into the hospital back then Susan Hayes, a pharmacist in Illi- portant subject. This, of course, is to be treated for infections. Now we nois, says that these PBM clawbacks something that is very dear to my can treat then. The advances that we are like crack cocaine, the PBMs just heart. As the only pharmacist cur- have seen are phenomenal. can’t get enough. rently serving in Congress, I take this We talk about the price of some of Some PBMs are facing lawsuits with very seriously. I take that responsi- these drugs, for instance, the drug that accusations such as defrauding pa- bility very seriously. is used for hepatitis C. Yes, it is too ex- tients, racketeering, breach of con- But it is more than that because, you pensive, and that price has come down tract, and violating insurance laws. see, in my professional life, for over 30 significantly. It is only as good as it is Since 1987, when the first of the three years, I had the honor of practicing affordable. If it is not accessible, if it is largest PBMs incorporated, drug prices pharmacy. I have built up relationships not affordable, then it is no good. But have increased 1,100 percent, Mr. over that time, relationships with fam- stop for just one minute, and think Speaker, and per capita expenditures ilies and with patients. When I see about it. We cured a deadly disease have jumped by 756 percent. what is happening in pharmacy now, it through research and development. The The three largest PBMs make up is an affront. It is an affront to me, and pharmaceutical manufacturers put about 80 percent of the drug market, it should be an affront to all Ameri- some of their profits back into research which includes about 180 million pa- cans. My heart is in this, truly in this. and development, which I applaud. tients. These PBMs often conduct busi- In over 30 years of practice, I have We cured a deadly disease, hepatitis ness through mail order practices. built up relationships with patients C, that was killing people. Again, that They sometimes will automatically fill and with families. I have served grand- price needs to come down so that it is prescriptions month after month even parents, I have served parents, I have more accessible to people. But, again, if the patient no longer needs the medi- served children, and total families. You we cured it. So I am going to cut the cation, resulting in terrible waste. Pa- can only imagine the hurt that it pharmaceutical manufacturers a little tients include veterans and Medicare brings whenever I see these people suf- bit of leeway there. beneficiaries—endangering them, wast- fering because of what has been men- I think it is interesting that the ing their benefits and taxpayer dollars, tioned here tonight. President, in his first month in office, and driving up the cost of drugs. Right now, in our country, prescrip- called the pharmaceutical manufactur- As we heard President Trump say in tion drug prices are something that is ers to the White House. He told them: his address last night, we need to look in the forefront, in the news. There is a You got to do something about these into the artificially high drug prices problem, a real big problem, and that escalating drug prices. right away. A good place to start is problem—yes, the pharmaceutical He also talked about those people who are on the other side of R&D, who PBMs. Mr. Speaker, PBMs must be manufacturers have a concern here, are on the other side of research and more transparent in their operations so and they have responsibility. But there development. He put a notice out, and that they can be held to their promises is a bigger problem. It is what I refer to he said: You better beware because and to the law. as the man behind the curtain. I wrote we’re going to be watching you. I will just close by saying that PBMs an op-ed about this and talked about The next day, the stocks of two of the man behind the curtain. That is must no longer be able to get away the major pharmacy benefit managers the PBMs, the pharmacy benefit man- with conducting their business with went down. They went down signifi- such unethical methods that they are agers. I am going to call them out to- cantly, almost 2 percent, because they using now. In short, PBMs must be held night. knew what was coming, and they know Before I do that, I want to just say accountable for their roles in the Na- what is coming now. tion’s drug price crisis. I join in sup- something about community phar- First of all, let’s talk about the prof- porting our community pharmacists. macists because they play such an im- its of the PBMs. A quick history, PBMs Mr. COLLINS of Georgia. The gen- portant and vital role in our commu- came about kind of in the mid 1960s, tleman couldn’t have laid it out any nities. They directly interface and and all they were was a processor. better. That is exactly what we are build relationships with neighbors and Their goal and their charge was just to talking about. If every Member of our friends. I have been there, I have done keep up and to process insurance body would go home and just go to that, and I understand how important claims as insurance came about and be- their community pharmacy, they it is. Representative COLLINS has spo- came more and more popular to pay for would hear this all over the country. ken about it, and Representative medications. That is all they did. This is not new. LOEBSACK, a friend of pharmacy, has But over time, they have evolved I have been on this floor now for al- spoken so many times. He has spoken into more than that. If you look at most 21⁄2 years talking about this, and about it as well. Representative BABIN what has happened over the past dec- I have not had PBMs come to me and and Representative DUNCAN understand ade, the profits of the three major say: Well, no, that’s not really true. how important the community phar- PBMs—and Representative COLLINS al- Because they do it. So I thank the macies are and how important they are luded to this earlier—you have got gentleman for being a part and lending to the healthcare system. three companies who control almost 80 your voice in your community. But beneficiaries are facing increased percent of the market. That is not We are also very blessed in this body costs for prescription drugs without good. That is not competition, and that to have someone who doesn’t have to much of a basis or notification on why is what we have to have in health care come to it like I did in having to deal these costs are skyrocketing. So, very in order to decrease healthcare costs. with it from a family perspective or quickly, I want to talk about why It is competition. When you have three from my community. We have someone these costs are skyrocketing. Yes, as I companies that account for almost 80 who has actually done this for a living. said earlier, some of the pharma- percent of the market, that is never He is my friend from southeast Geor- ceutical manufacturers need to be held good. gia. He is a pharmacist. He has made accountable. They do. But if you look at those three compa- this his life. I say that, but I also say that I am a nies and you look at their profits over I saw he was up at his alma mater big fan of the pharmaceutical manufac- the last decade, you will see that they the other day, and, President Cathy turers. You see, in my over 30 years of have increased some 600 percent—bil- Cox, I would have to say he is a Young practicing pharmacy, I have seen noth- lions of dollars. Now, you can make the Harris man. ing short of miracles. I can remember argument, well, the pharmaceutical Mr. Speaker, I yield to the gentleman when I started practicing in 1980. I can manufacturers, their profits have in- from Georgia (Mr. CARTER). remember that people would come in to creased, too. Yes, they have; and, yes, Mr. CARTER of Georgia. First of all, get an antibiotic and that we would they should be accountable for that. Mr. Speaker, I want to thank Rep- have to dispense 40 capsules and have However, at least they are bringing resentative COLLINS for holding this to- them take four a day for 10 days. Now value to the system by investing into night, for organizing this, also for his I can give them one capsule, and they research and development.

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.123 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1453 PBMs bring no value to the are losing a vital part of the healthcare Very quickly, I want to talk about healthcare system at all. They put no system. three bills that are being proposed. money into research and development. But PBMs are shutting out a lot of First of all, I want to talk about Rep- All they do is skim it off the top. As these community pharmacies. I alluded resentative COLLINS’ MAC Trans- medications go up in price, they make earlier to the fact that I have served parency bill. more. Representative COLLINS alluded grandparents, parents, and grand- Transparency, that means give us an to spread pricing. That is exactly what children. I’ve built up those relation- opportunity to see exactly what is he is talking about, and that is exactly ships. One of the toughest things that I going on. If you mention transparency how they are making their money. The have ever faced is for a family member to a PBM, they go berserk: My gosh, more expensive a drug, the more to come in to me literally in tears and no, we can’t have that. We can’t have money the PBM is going to make. say: I have got to change pharmacies. transparency. That’s all there is to it. I say: Why? But Representative COLLINS’ bill, the I served on the Oversight and Gov- Because my insurance company, be- MAC Transparency bill, which I am ernment Reform Committee for the cause my PBM says that I have to get proud to be an original cosponsor of, past session in the 114th Congress. We it from them through mail order. brings about greater transparency in had a problem with Mylan Pharma- Well, why would you have to get it generic pricing—drug pricing, in gen- ceuticals and a drug that they had, through them through mail order? eral, but particularly generic. Because they own the pharmacy. EpiPen. It went up to $600. Unbeliev- Many of the recipients don’t under- Representative COLLINS alluded ear- able. Here was a drug that is a life- stand the cost structure. They don’t lier about vertical integration, and understand how that works, where the saving drug that people have to have that is what we see. The PBM owns the for anaphylactic shock. We in Congress original fees are originating from, pharmacy that they are requiring the which are often a direct result of the actually passed legislation that re- patient to go to. Well, guess what? quired that drug to be on hand in gyms fees that are leveraged by the PBMs, That means they are padding their the prescription drug plan sponsors. and in schools in case there was a prob- pocket even more. That is the kind of Congressman COLLINS’ bill addresses lem. Yet, they went up to $600. thing that we should be protected this issue, and it addresses more. Under It was really interesting because, from. his legislation, a process would be es- during the time that we were asking I will give you a quick story, a true tablished to help mediate disputes in questions of the CEO, she mentioned, story. Back when I was still practicing drug pricing. It would establish new well, when it leaves us, it is this price pharmacy and owned my pharmacy, criteria for PBMs to adhere to when right here—I am just going to use my wife had insurance through her em- managing the costs of prescription round figures—it is $150. By the time it ployer. She had a different insurance drug coverage. gets to the pharmacist and by the time plan than I had. She got her insurance, This MAC Transparency bill is a step it is dispensed to the patient, it is $600. and she got a prescription filled at my forward not only for the industry, but I asked her: What is that difference pharmacy—at my pharmacy. Now, this for the beneficiary, and that is what is there? Where is that coming from? is the pharmacy benefit manager who so very, very important. It is no sur- I don’t know. owns the pharmacy. That night when I prise that costs are going up. No sur- I don’t know either. got home, I got a phone call from the prise at all. With the lack of trans- Now, there is the beginning and the insurance company saying: Well, your parency, that is what is going to hap- end. The beginning is the pharma- wife got a prescription filled here at pen. ceutical manufacturer. She doesn’t this pharmacy, but if she gets it filled We have got to have greater trans- know. The end is me, the dispensing at our pharmacy, we can give her a parency in the drug pricing system. pharmacist, and I don’t know. lower copay. We can give her a dis- And, yes, that includes pharmacy. Yes, That is what I’m referring to when I count. that includes the pharmacy; yes, it in- talk about the man behind the curtain. Now, supposedly there is a firewall in cludes the pharmaceutical manufac- That is where the PBMs come in. between the PBM and the pharmacy. turer; but mostly, it has got to be with Now, they will tell you: Well, we are Well, guess what? There wasn’t that the PBMs. taking that money, and we are giving firewall there that night, not when I If we have a CEO of a medication—a it back to the companies, to the insur- got that phone call. pharmaceutical company like Mylan ance. which we had come up and testify be- Well, if they are, and they’re not b 1915 fore us here in Congress, and I ask her keeping any of it, then why are their Can you imagine? What is that about that gap there and where that profits going up so much? Why have doing? That is taking patients away money is going, if she doesn’t know their profits gone up over 600 percent? from the community pharmacist. That and I don’t know, there is a problem. It’s because they’re keeping it. They’re is unfair business practices. So, that is That means we need more trans- keeping it, and they’re adding no value what we talk about. Ultimately, who parency. And that is exactly what hap- whatsoever to the system. suffers? pened. Now, they will argue the fact, they I don’t want to give the impression I Now I want to talk about another will say: Well, we are keeping drug am just here to try to make sure that problem that is called DIR fees, direct prices down. community pharmacies stay profitable and indirect remuneration. Let me tell Oh, yeah? Well, how is that working and make sure that they stay in busi- you, this will be the death of commu- out for you? It ain’t working out very ness, although it is important. If they nity pharmacies. well at all because drug prices are don’t stay in business, who is going to DIR fees are what they refer to as going up. suffer? It is going to be the patient. It clawback fees. What happens is, when I mentioned the competition, the fact is going to be the healthcare system. you go into a pharmacy, you get a pre- that we have got three companies that Folks, the only thing that is going to scription filled, the pharmacy’s com- control over 80 percent of the market. bring down costs in our healthcare sys- puter calls the insurance company’s That decreases choices. tem is more competition and free mar- computer, the PBM’s computer, and it We are talking about community ket principles. That is what we are try- tells us how much to charge the pa- pharmacies, and I know that is what ing to do now in Congress, through the tient in a copay and tells us how much Representative COLLINS is really want- repeal and the replacement of the Af- we are going to get paid. However, with ing to focus on here tonight, and it is fordable Care Act. these DIR fees, months later, after we so very important because we have to We understand that we have got to have already been promised how much have community pharmacies. They are get free market principles back into we are going to be paid, pharmacists vital to the healthcare system. In the healthcare system. We have got to are getting bills from these PBMs that many areas, the most accessible get competition in order to drive are saying: Well, we didn’t make quite healthcare professional is the phar- healthcare costs down. We understand as much that quarter as we should macist, particularly in rural areas. As that. This is a big problem, a big prob- have, so we are going to have to claw they go, and as they are eliminated, we lem. back this much.

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.124 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1454 CONGRESSIONAL RECORD — HOUSE March 1, 2017 I met with pharmacists from the New profits. Again, they want to argue, and sort of describes what you were talking York State pharmacy association and they want to say: We are holding down about. I am putting it here so people they were telling me, literally, horror drug prices. can see it. stories about getting bills for $85,000, Again, how is that working for you? There is an interesting part of this $110,000 in clawback fees. Folks, that is It is not working. It is not working be- DIR fee issue. It forces Medicare part D not a sustainable business model. When cause they are pocketing the profits. If beneficiaries to pay inflated prices at you are trying to run a business, a they were truly doing what they said the point of sale that are higher in ac- community pharmacy, and you get a they set out to do, we wouldn’t see es- tual cost than the drugs. The cost of bill months later in the hundreds of calating drug prices like we are seeing. the drug will be recouped in DIR fees, thousands of dollars, that is not sus- Yes, there are some bad actors out which is retroactively assessed later. tainable. You can’t stay in business there, as there are in every profession. Many beneficiaries are moving past that way. Yes, we had Turing Pharmaceuticals their part D benefit faster and hitting We have got to do something about and Martin Shkreli, the ‘‘pharma bro.’’ the doughnut hole sooner, forcing them DIR fees. Thankfully, Representative This guy was a crook, no question to pay out-of-pocket costs. This is par- MORGAN GRIFFITH from Virginia has a about it. We had Valeant Pharma- ticularly true with lifesaving or spe- bill addressing this. I am supporting ceuticals and what they did with cialty drugs. These are things that we him on that bill. Isuprel and Nitropress. are seeing. In fact, in a recent survey, nearly 70 Just recently, Marathon Pharma- Patients forced to pay out of pocket percent of community pharmacists in- ceuticals bought a drug that was avail- might be forced to cut back or abandon dicated that they don’t receive any in- able over in Europe. They brought it treatment. According to the Commu- formation about when those fees will over here and got it approved in Amer- nity Oncology Alliance, pharmacists be collected or how large they will be. ica. It is a very important drug for lose $58,000 per practice, on average, to Again, ultimately, who ends up being muscular dystrophy. Now they want to DIR fees each year. This makes it dif- penalized? Who ends up being penalized increase the price to an enormous ficult for independent community is the patient. The patient ends up amount that won’t be affordable for pa- pharmacists to keep up. being penalized. tients. When patients pass through the Understand, this is not a partisan Those are bad actors. As my daddy doughnut hole into catastrophic cov- issue. These PBMs don’t care whether used to say, you are going to have that, erage, guess who picks it up? CMS you are Republican or Democrat. They and we understand that. We have takes on the cost-sharing burden. This care about one thing, and that is prof- Valeant and Turing and Marathon. We is why this matter is in Congress. it. That is all. are calling them out, too. They need to These costs have increased from $10 bil- Now, let’s talk about one other. Let’s be called out. lion in 2010 to $33 billion in 2015. This is talk about a bill that Representative But we also need to focus on what just dealing with this issue. BRETT GUTHRIE from Kentucky has, one of the biggest problems is in esca- We have got to have greater trans- H.R. 592, Pharmacies and Medically lating prescription drug prices, and parency on this. This is why Morgan Underserved Areas Enhancement Act. that is the PBMs. They bring no value Griffith’s bill is good and we are going Under this bill, many of the individuals whatsoever to the system. They put no to continue to fight about this. who seek consultation, especially sen- profit back into research and develop- Again, I have yet to have a PBM tell iors, can continue to receive that qual- ment. me I am wrong here. I know from your ity input and expertise. Communities’ pharmacists play an experience you are seeing it as well. This bill is known as the pharmacy important role in our healthcare sys- I yield to the gentleman from Geor- provider status. Simply, what this will tem. I am proud to support our commu- gia (Mr. AUSTIN SCOTT), our other do is make sure that the pharmacists nity pharmacists. I am proud to have friend from south Georgia who has who give consultations are being reim- been able to practice in a profession for been outspoken on this. He comes to bursed for that. That is vitally impor- over 30 years that I know brings a the floor to talk about his experiences tant. great deal of value to patients and to with this as well. Pharmacies are the front line in their families. Mr. AUSTIN SCOTT of Georgia. Mr. health care. There are so many dis- Again, I want to thank Representa- COLLINS, I had several parents in my eases. The pharmacists who are grad- tive COLLINS, and I want to commend office today. I thought I would talk uating today are so clinically superior him for his hard work. about a couple of the meetings that I to when I graduated. Their expertise is Representative AUSTIN SCOTT is here, had. beyond anything that I ever imagined also. He has been a champion of this as I had a father there talking about his it would be. We need to make sure that well. They understand. They get it. I son Gabe. He had a T-shirt on with we are utilizing that. That is going to appreciate their efforts on that, and I ‘‘H4G,’’ which stands for ‘‘Hope for be a key in helping us control appreciate everyone who has been here Gabe.’’ I listened to him talk about his healthcare costs: utilizing all these al- tonight. I thank Representative COL- son and the life-threatening disease lied health fields and making sure we LINS for hosting us here tonight. I ap- that his son has and the threat that his are using them to their fullest poten- preciate his support. son is under because of a U.S. pharma- tial. This bill will help us do that. Mr. COLLINS of Georgia. Before the ceutical manufacturer named Mara- So there are just three bills that are gentleman goes, you told the story thon. I would like to read part of an being introduced right now with com- about getting a call from your own email that I have from him: munity pharmacists that impact phar- pharmacist. You and I were here to- Hope you are well. I just wanted to let you macy but, more importantly, that im- gether, I think, sometime 6 months know that my son Gabe takes a drug called pact health care and that are going to Deflazacort. He has since he was 5 years old. ago. We were doing this and talking He is now 11. We currently pay $116 for a 3- help us have a great healthcare system about this issue of mail order. We were month supply of 15-milligram dose for and to continue to have a great talking about this. Deflazacort. We were getting this drug from healthcare system. I had a Member who was watching us Europe, as it was not available here in the There are a couple other things that on the floor talk about the pharmacy United States, and have had no problem with I wanted to mention. I am going to and the PBM problem and got a call access to date. hold off on those because, again, I want from the PBM because they had gotten Now, many of you heard about this to make sure that everybody under- a prescription for their child. Yes, the story. The FDA approved the same stands the point that I am trying to day before they are getting a call in drug for sale in the United States. make, and that is just how important, their office from the PBM saying: If What did the drug manufacturer do how vital the community pharmacies you just switch from your local phar- with the price of it? Well, Marathon are and just how bad the PBMs are and macist, we will do it better. That is took the price from $116 a quarter to how they are ripping off the public. why we are sitting here. approximately $87,000 a year. They are ripping off the public. Look An interesting thing you brought up Now, this is what is happening. For at their balance sheets. Look at the on DIR fees. What we have right here drugs that are available everywhere

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.126 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1455 else in the world, it is not that they are On top of the issues with what is hap- Well, it is true that PBMs do effec- being developed with extensive re- pening with the manufacturers, we tively negotiate huge discounts. How- search and expensive research in our have got the issue with the PBMs. ever, the patients never see this dis- country. People are simply buying the Why shouldn’t you know what the count or rebates reflected in their right to sell the drug in the United PBMs are getting in a kickback? prices or out-of-pocket costs. These re- States. As soon as approved and avail- Everywhere else you go, you get a bates and discounts merely pad PBMs’ able in the U.S. marketplace, it is no price sticker. You know what the re- profit margins. They do not increase longer legal for people to import that bates are when you go to your local car patients’ well-being. This lack of trans- drug from Europe. Marathon priced the dealer. They are readily advertised. parency allows PBMs to receive mas- drug at $89,000 per year. Why shouldn’t you know as the sive rebates and refuse to pass those Reading again from his email, in bold American citizen? savings along to consumers or cus- letters: My friend Mr. COLLINS and I have tomers. been working on it for years. We In fact, what is interesting, there is It is the same drug we are getting today worked on it back in the State legisla- from Europe for $450 per year, the exact proof that transparency in MAC pric- same drug. We need your help here. The ture. In fact, we passed a bill back in, ing saves more money than the PBMs Duchenne community needs your help, and I think, 1987, the first transparency act are willing to admit. specifically Gabe needs your help. that we passed in the State legislature You want an example? in Georgia. I hope that governors and Let’s look to Texas. Texas has one of b 1930 members of the State legislatures will the oldest MAC-style laws. Texas As I sit here and look at the Amer- go back and address this issue as well. passed MAC transparency legislation ican flag, you know, there is no other The transparency issues can be done at similar to the Prescription Drug Price country in the world that allows their the State level. That bill came to the Transparency Act in June of 2013. citizens to be treated like this. None. I Georgia House floor, and it passed 150– Now, here we go, Mark, explain this am embarrassed that this Congress 0. Not a single Democrat, not a single one. hasn’t done anything about this abuse Republican voted against that bill. Since Texas passed their law, their to the American citizens from the Every single member who was there Medicaid fee-for-service prescription pharmaceutical and the PBM industry. that day voted for the bill. drug expenditures for the top 100 drugs I know our President, and I am glad Mr. Speaker, we know something has fell from $219.54 per prescription to that we have a President with the got to be done. I just hope that we take $91.32. Yep, you are doing a good job courage and the boldness that our action sooner rather than later. negotiating for your bottom line. President has, had the executives to I would just like to make one last re- What else does he say? the White House. I would suggest that quest. Mr. President, I hope you will Number two, Merritt tries to distort a good meeting also would be to have invite these parents and their children the purposes of the Prescription Drug the parents—have the father of Gabe, to the White House. I hope you will in- Transparency Act by drawing concern have the mother of Gabe come to the vite the CEOs of these companies to to transparency in the drug market- White House. Sit down in the same come and sit down at the same table, place. Let’s see what he says. He says: room with the TVs on with the execu- and I hope you will even invite the The kind of transparency to be concerned tives from those companies that are press to come and publicize the meet- about is where competing drug companies cheating these people. Let’s let the ex- ing. and competing drugstores can see the de- I thank Mr. COLLINS so much for tailed arrangements that we have with all of ecutives explain on TV in front of the their competitors. parents, in front of the child who needs standing up for the American citizens. Well, seeing as how they own part of that lifesaving drug why it costs $450 in I am honored to be a friend of his, and the competitors, not really a lot of another country but should cost $87,000 I thank him for allowing me to be in things going on there. in America. the fight. Our legislation simply would not Another group of parents that was in Mr. COLLINS of Georgia. Represent- allow competing drug companies to see my office today was there representing ative SCOTT brings out this issue with detailed arrangements that PBMs have juvenile diabetes. I had a heart-wrench- passion. That is exactly what we need with competitors. ing discussion with a mother in my of- as we go forward in this discussion. This is exactly what the PBMs don’t Mark, quit lying. fice in Warner Robins about her daugh- want to have. They don’t want to have This statement is a misrepresenta- ter, insulin-dependent. She has got to transparency. They don’t want to talk tion of what the Prescription Drug have it or she dies. This mother had a about it. We have been talking about it Transparency Act does. Competing job, actually, in another country and now for years on this floor. It just con- pharmacies would not be able to see talked about what she paid in another tinues to get worse. the arrangements their opponents have country to receive that same drug, in- In fact, the Prescription Drug Price with PBMs because they would not be sulin, for her child. It cost a fraction of Transparency Act that we are getting publicly disclosed. Transparency meas- what it cost in America. ready to introduce—and Mr. SCOTT and ures and contractual agreements in- I think it would be great for our others are part of it—just the other day clude confidentiality clauses pre- President to have that mother and that they were trying to undercut this bill. venting public disclosure. daughter or the mother who was in my I recently saw an interview with May I remind Mark that he has gag office today talking about her daughter Mark Merritt. He is the CEO of PCMA, orders in some States where the phar- come and sit down at the White House, the trade group for PBMs. The article macists can’t even talk about these and maybe the president of Eli Lilly misrepresented PBMs’ role in the mar- issues. could come and sit down. Maybe we ketplace. Now, that is a shocker, real- By the way, they send letters to could put the TV on, the cameras on so ly. Distorting the facts to protect pharmacists saying: Oh, don’t go talk everybody in America could see the PBMs’ ability to continue profiting at to your elected officials, because if you CEO explain why insulin, which has the expense of beneficiaries and tax- do, we will cut your contract off. been around for decades, costs as much payers. Wow, that is concern, Mark. in this country as it does when it So tonight let’s have a little fact Furthermore, the disclosure of doesn’t cost anywhere near that in any check. Let’s look at the claims by Mr. sources of drug pricing determinations other country. Merritt versus the truth. remains confidential and is only dis- Something has got to give. Some- First, Mr. Merritt claimed that PBMs closed to pharmacies and their con- thing has got to give. The American play an important role in negotiating tracting entities. PBMs distort trans- families have given enough. I am hope- price discounts in order to pass those parency to mean only public trans- ful that we will move sooner rather savings along to customers. In fact, parency in an attempt to protect the than later. American families can’t what he said was: profitability that comes with keeping take it anymore. A drug that costs We have an interest in lower price or big- their corrupt business practices in the $450, that can be imported from Eu- ger discounts . . . and we’re going to nego- dark. I wish he would have stopped rope, shouldn’t cost $87,000 in America. tiate the most aggressive discounts we can. there. He didn’t.

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.127 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1456 CONGRESSIONAL RECORD — HOUSE March 1, 2017 Let’s go on to the third. Mark Mer- Mark, it is easy. I understand running Before I offer my part of those re- ritt says: a trade association is tough, but at marks, Mr. Speaker, I yield to the gen- We want to make sure that wholesalers least be honest about it. tleman from Maryland (Mr. RASKIN), who sell to the drugstore aren’t trying to The last thing. Community phar- my friend and colleague. sell the most expensive thing and pass the macists typically get paid more by Mr. RASKIN. Mr. Speaker, I thank cost onto consumers. plans because there is not as much Congresswoman JAYAPAL. She has been All right. Here we go again. This is competition. Well, five for five. Com- a sensational leader within the Demo- getting familiar. It has little to do munity pharmacists in northeast Geor- cratic Caucus and within the Congres- with wholesalers. PBMs design the gia and across the United States are sional Progressive Caucus, especially formularies—yes, we understand this, under constant threat of going out of on the issues of immigration and the Mark—that dictate what drugs are cov- business because of PBMs. PBMs ex- rights of refugees. It is such an honor ered by insurers. Because there is no ploit the market, prey upon commu- to be able to serve with her. I appre- transparency, PBMs are able to receive nity pharmacists, using spread pricing ciate being able to spend some mo- drugs at discounted prices but refuse to and retroactive DIR fees. PBMs also ments just reflecting on what took tell employers. PBMs are then able to use a disproportionate share of the place in our Chamber last night with still charge employers the full amount market to steer patients to pharmacies the President’s speech. for the drug, even though they are re- they own themselves. We should start by giving credit ceiving it cheaper. PBMs often receive The Prescription Drug Price Trans- where credit is due. This speech was large rebates to incentivize them to in- parency Act is vitally important to im- not ‘‘American Carnage II.’’ It was a clude expensive brand name drugs in proving fairness and transparency in vast improvement, I would say, over all their formularies, even though cheaper the healthcare system. Community of the violent and apocalyptic imagery generics are available. pharmacists must be kept in business and rhetoric that we saw in the inau- Mr. Speaker, listen. They receive and patients should have the choice to gural address. So hats off to the Presi- large rebates to incentivize them to in- receive care from their local phar- dent’s new speech writer, whoever that clude the expensive brand name drugs macists. Community pharmacists may be. on their formularies. I had an issue might be afraid to stand up to PBMs. However, having said that, I think it just like that with my own mother just Community pharmacists many times is simply old wine in a new bottle. The recently. She needed medication. She are basically scared into submission. same basic extremist Steve Bannon in- I have stood on the floor of this had been on it for 8 months. They had frastructure governed that address de- House many times. My pharmacists to reauthorize it after the first of the spite the fact that the manners had im- can’t speak, but I can, and I will re- year. proved considerably. I asked: Well, is there another issue mind the PBMs one more time: You she could have? can’t audit me. You can go audit for b 1945 They said: Well, this is the only one profit, which you do every day. You When I thought about President on the formulary. can go hit them, but you can’t hit me. Trump’s speech in this Chamber last PBMs don’t control pricing; PBMs I will continue to be a voice for com- night, I thought about George Orwell. don’t control what drugs come to mar- munity pharmacists. These Members Not because of 1984, although I admit ket. Another falsehood. PBMs sub- are being a voice for community phar- that my well-thumbed copy of this stitute expensive drugs and overcharge macists. Our numbers are rising every great dystopian novel is sitting on my Medicare part D, TRICARE, and FEHB day. The President himself has actu- desk right now and the words ‘‘war is programs. This means they are lining ally begun to look at those middlemen peace’’ and ‘‘ignorance is strength’’ their pockets with money from the tax- and those pricing. have been running through my mind Tonight ends another night of telling payers. over the last several weeks. No, I the truth when the truth needs to be Fourth thing: thought of Orwell not because of 1984, told. Mr. Speaker, we end another time If drugstores like those terms, they can but because of a great essay he once of standing up for the American people sign a contract; and if they don’t, they can wrote called ‘‘Notes on Nationalism.’’ join with some other plan or PBM. and the community pharmacists. I yield back the balance of my time. In this essay, George Orwell con- Oh, I love this. This is classic, Mr. trasted patriotism and nationalism— Speaker. PBMs hold a disproportionate f two concepts that often get conflated. share of the marketplace. We have al- CONGRESSIONAL PROGRESSIVE But at least, in his view, they rep- ready talked about three of the largest CAUCUS: REACTIONS TO THE resented two very different things. Pa- PBMs own 80 percent of the market—80 PRESIDENT’S ADDRESS TO CON- triotism, he argued, was a positive percent. Because PBMs have a stran- GRESS emotion, a passionate belief in one’s glehold on the market, community own community—its people, its insti- pharmacists cannot stay in business The SPEAKER pro tempore. Under the Speaker’s announced policy of Jan- tutions, its values, its history, its cul- without being forced to contract with ture. them. It forces community phar- uary 3, 2017, the gentlewoman from Washington (Ms. JAYAPAL) is recog- An American patriot today, I would macists to sign take-it-or-leave-it con- argue, believes in our magnificent con- tracts with anticompetitive and unfair nized for 60 minutes as the designee of the minority leader. stitutional democracy—our Constitu- provisions, and from transmitting it tion; our Bill of Rights; our judiciary without written consent. These are GENERAL LEAVE Ms. JAYAPAL. Mr. Speaker, I ask and our judges; our States and our just crazy. communities; our poets like Emily I had—one of my pharmacists who unanimous consent that all Members Dickinson and Walt Whitman and was on their plan actually had a letter have 5 legislative days to revise and ex- Langston Hughes and Merrill Leffler; sent to their customers who said: You tend their remarks and include extra- our philosophers like John Dewey and are no longer on the plan. neous material on the subject of my He called the PBM. The PBM said: Special Order. Ralph Waldo Emerson; our extraor- No, you are still on the plan. The SPEAKER pro tempore. Is there dinary dynamic culture which invites He said: Then why did you send a let- objection to the request of the gentle- and absorbs new waves of people from ter out? woman from Washington? all over the world, our artists, our mu- PBM said: Oops, must have been a There was no objection. sicians like Bruce Springsteen, the mistake. Ms. JAYAPAL. Mr. Speaker, today I Neville Brothers, and Dar Williams. All He said: Well, why don’t you send a stand here for this Special Order on be- of these people and things are what we letter out telling them that they are half of our Congressional Progressive love about America, and they evoke wrong? Caucus, and we have decided that we the positive emotion of patriotism. PBM said: Oh, we don’t do that. That would like to use this Special Order Patriotism is all about uplifting peo- is on you. hour to address our reactions to the ple; drawing on what is best in our his- Yeah, because all you want to do is President’s address to the Union last tory; finding what is best in our cul- keep the money, follow the money. night. ture; invoking our Founders, Madison,

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.129 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1457 Jefferson, Franklin, and Tom Paine; that. Because that has to do with how day and night to get every Democratic invoking the people who founded the we have organized our own affairs as a vote I can to side with you in giving country once again through the Civil society. the government the authority to nego- War and the reconstruction amend- But what did we hear from the Presi- tiate for lower drug prices. That is a ments, Abraham Lincoln and Frederick dent last night about the health care common ground agenda. Let’s do that. Douglass; the people who transformed and well-being of our people? Repeal But as to the general picture of America in the women’s suffrage move- and replace the Affordable Care Act. health care in the country, the Presi- ment, like Susan B. Anthony; the peo- They voted more than 50 times to re- dent gave us nothing last night. We ple who remade America once again in peal the Affordable Care Act and never also got no jobs plan. We got no plan to the civil rights movement, like Martin once to replace it. They have got no confront the shameful inequality in Luther King, Bob Moses, and the Stu- plan. The President did not offer a our society. dent Nonviolent Coordinating Com- plan. When the President and his Cabinet mittee; the people who blew the doors The President restated the values of entered the Chamber last night, the off of discrimination and oppression the Affordable Care Act itself. And un- net worth of this room went up by $9.6 against other groups, like the LGBT derstand, the Affordable Care Act was billion. This is the richest Cabinet in community, like Harvey Milk. the compromise because the logical American history. These 17 people in All of these people stand for a pro- thing to have done, as President the Cabinet have more wealth than 43 gressive dynamic and inclusive concept Obama said, if we were starting from million American households com- of America, and patriots want to draw scratch, would be to adopt a single bined. That is one-third of American on this culture in history in order to payor plan. But because we were along households. When you look at the continue to make great progress for a certain path, he felt we couldn’t do Trump Cabinet, you can see the net our people today. A patriot wants to that. worth of one-third of American fami- improve the health of our people, the So he took the plan that was adopted lies together. education of our people, the critical at The Heritage Foundation, the con- And the President, who campaigned thinking skills of our people, the well- servative think tank, the one that was like a crusading populist, like William being of America. put in in Massachusetts by Governor Jennings Bryan, for working people, Now, nationalism is different. If you Romney—RomneyCare. That is the Af- creates a Cabinet of billionaires and look at it historically as Orwell did, fordable Care Act. But they couldn’t CEOs, people who profited like mad nationalism has been not about build- tolerate that because they cared more from NAFTA and all the trade deals ing people up and improving their about scoring political points against that the President now denounces. He lives, it has been about militarizing so- the President than they did about ac- closed his campaign by railing against ciety and getting everyone to sync tually making health care available to Goldman Sachs. But Goldman Sachs their individuality, their creative per- as many Americans as possible. may as well be the nickname of this sonality into a large corporatist and So the President showed up empty- Cabinet. From Secretary Tillerson to authoritarian state, one that is des- handed again. No plan whatsoever. If Steve Bannon and many others, Gold- tined to exploit people’s goodwill by there were a plan, we would be debat- man Sachs is all over this administra- mobilizing them for groupthink and ing it. If they had something to offer, tion. endless hostility in war, the kind that we would be talking about it. But they And last night, we also got more im- Orwell dramatized so frightfully in 1984 don’t have it. They just want to repeal migrant bashing. And I know my friend and in ‘‘Animal Farm.’’ and consign everybody back to medical and colleague, Congresswoman Well, I am sorry to say that I didn’t oblivion. Millions of people going back JAYAPAL, will discuss this. see a lot of patriotism in Orwell’s to not having it. Making everybody How patriotic is immigrant bashing? terms in the speech last night. Ninety else’s insurance premiums skyrocket I would say not very. Tom Paine said percent of our kids go to public and just turning our backs on the fami- America would be a haven of refuge for schools, but 90 percent of this Presi- lies that now depend on the Affordable people fleeing political and religious dent’s energy and administration’s en- Care Act. repression all over the world. Madison ergy seems to go into maligning and Now, I will say the President men- said it would be a sanctuary for reli- defunding public education and divert- tioned in passing something that he gious and political refugees. America ing public money away from public made a big deal of during the cam- would come to be symbolized by the schools into private education. That is paign, and I was happy he did. He went Statue of Liberty. ‘‘Give us your poor, the Betsy DeVos agenda. back to saying that we needed to give your tired, your huddled masses yearn- Or take health care. The Affordable the government the authority to nego- ing to breathe free,’’ that is the spirit Care Act represents a magnificent na- tiate with the large drug companies, of America. tional investment in health care of our the prescription drug companies, for We are a nation of immigrants. Other own people. More than 22 million of our lower prices. than Native Americans, we were here fellow citizens, previously uninsured, And I was happy to hear my col- before everybody else got here. And the got health care because of the ACA. leagues from the other side of the aisle slaves were brought here against their Thirty million if you include the ex- in talking about the pharmacist just will. But everybody else, we are immi- pansion of Medicaid that took place now, also talking about the extraor- grants or we are the descendants of im- under the ACA. dinary power of the pharmaceutical migrants. So if you attack immigrants, If you decide to go to a town hall, companies and their predatory prac- you are really attacking the dynamic yours or someone else’s, you will meet tices. and inclusive culture of America, a people who will tell you that their lives Well, what the President has said community of communities. were saved because of the Affordable makes perfect sense on this point, And then there is the big proposal we Care Act—victims of breast cancer and which is there was some special inter- got to slash $56 billion in domestic colon cancer and heart attacks and est legislation that came out several spending and put it into a great big, strokes and on and on. These things are years ago saying that the government new military buildup. And here we see just in the nature of life. We are all could not negotiate for lower prices the fingerprints, of course, of Steve subject to medical misfortune. If you with the drug companies when it comes Bannon. We could destroy the National learn you have cancer or if you have a to Medicare. We do it with Medicaid, Endowment for the Arts, the National heart attack, that is a misfortune. It we do it with VA drug benefits, but we Endowment for the Humanities, the happens to people every day. But if you can’t do it for Medicare drug benefits Environmental Protection Agency, the have cancer or leukemia or you have a because some lobbyist was able to get National Institutes of Health, the heart attack and you can’t get health somebody to stick that into the bill, State Department, the Peace Corps, coverage because you lost your job or and the GOP majority stands by it the National Oceanic and Atmospheric because you are too poor, that is not now. Administration, the Securities and Ex- just a misfortune, that is an injustice And so I appeal to the President, if change Commission, the Federal Elec- because we can do something about you are serious about it, I will work tion Commission, the CFPB, and on

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.132 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1458 CONGRESSIONAL RECORD — HOUSE March 1, 2017 and on, and still not come close to the ate, in the U.S. House of Representa- to understand, when we pass laws, $56 billion that they want to rip out of tives. At that time, I was an advocate. when we approve of executive orders, the domestic priorities of the Amer- But together, we understood the tre- to target people simply based on reli- ican people and simply give to the Pen- mendous contributions of immigrants gion or place of origin, that we are tagon. And for what? Why? No one has to this country, and we understood doing a tremendous disservice to this told us why. What is all of that money that unless you were Native American, country and we might be violating con- going to buy? Who is going to get rich that, willing or unwilling, everybody in stitutional laws in some of these cases, off of all of that money? this country has been an immigrant or but that America deserves better in Ladies and gentlemen, when you add a descendant of immigrants. terms of how we position what immi- it all up, this program seems like it And so to come into the Chamber and grants have done for this country. partakes of the ultra-nationalist poli- yet again hear the fear-mongering and Now, the President last night kept tics that Orwell perceived in authori- the characterization of immigrants, talking about these heinous crimes tarian regimes, not the kind of patriot- undocumented immigrants, as this that immigrants commit. In fact, he ism that reflects the best in our own enormous swath of people who simply had some people here in the Chamber, Democratic political culture. all they do is commit crimes is simply his guests, who were tragically affected The great thing is that Americans a travesty and a disservice to the mil- by the murder of individuals in their are deep patriots. We love our commu- lions of people across this country who families who were killed because of a nities. We love our institutions. We work every day to pick our vegetables, single, undocumented immigrant. A love our values. We love our Constitu- clean our homes, serve us in so many heinous crime committed by an un- tion. We love our Bill of Rights. And different capacities, as well as to all of documented immigrant is simply not we are not going to fall for a right- those who have come through the legal representative of the millions of law- wing, ultra-nationalist agenda that immigration system, but with many abiding immigrants across our coun- takes us away from everything that we challenges. try. love. You know, it took me 18 years to get This is a continuation of what the my citizenship. I went through visa President did during the campaign: b 2000 after visa after visa. I understand the fear-mongering and otherizing people. Ms. JAYAPAL. Mr. Speaker, I thank barriers. But for this President to con- The reality is that, just like Dylann my distinguished colleague from Mary- tinue to focus on a stereotype of un- Roof’s horrific murders in South Caro- land for your tremendous work already documented immigrants as criminals is lina cannot be representative of all in these 7 weeks and schooling us all on simply disingenuous, unfair, and, Caucasian Americans, there is no way the Constitution and making sure that frankly, un-American. that one undocumented immigrant or we continue to recognize the tremen- DREAMers and refugees and immi- even a couple of undocumented immi- dous responsibility that we have here grants and others who have helped grants can be representative of 11 mil- in this body to protect that Constitu- build this country were the guests of lion who have served this country, tion and everything that it stands for. many of us Democrats in the Chamber. helped build our economy, helped drive Last night’s State of the Union Ad- We each brought incredible men and our industries, and who contribute so dress deserves a response for lots of women to join us for the State of the much to our country every single day. reasons and, unfortunately, none of Union; people who we feel demonstrate The President also seemed to paint them are good. the resilience and the strength and the this picture of immigrants as driving Last night, we heard from this Presi- courage of immigrants across this up crime, that when you have undocu- dent a toned-down version of his cam- country. mented immigrants, then you have paign speeches. The speech was well de- I was proud to be joined by an amaz- higher crime. In fact, the statistics livered. He stuck to his script. It may ing woman, a good friend named show that immigrants commit crimes be the first major address that he has Aneelah Afzali, who is the executive di- at far lower rates than native-born conducted where he did stick to the rector of the American Muslim Em- Americans and that our sanctuary cit- script. He had a lot of diligence in that. powerment Network, an initiative of ies, the cities around the country that And he even started with some very the Muslim Association of Puget have policies that are friendly to immi- necessary recognition of the anti-Se- Sound. Aneelah is a Harvard-trained grant communities, including undocu- mitic acts that have been taking place lawyer. She is an incredible mented immigrants, that those actu- across the country, and he denounced snowboarder. She is a 12th Man Fan. ally are safer as cities than comparable those acts. She loves the Seahawks, and she is a cities that are not sanctuary cities. He denounced the killing of an Indian strong advocate for a community that That was a report that came out, and American in Kansas. I, too, am Indian has been, frankly, terrorized since the it is an important one for people to un- American, and I know that that killing passing of the President’s Muslim ban. derstand. Why? Because, when you hit home hard for many of us across Now, of course, courts have said that have trust and when you understand the country who wonder if we, too, are that ban is unconstitutional. that the fix that we need is for a sys- going to be the targets of hate. The The President seems to be accepting tem that is broken, an immigration President did say that he denounces that it is unconstitutional, but we also system that has been broken for a very hate, that there is no place in this Na- know that he has reshaped that ban to long time, the way to address these tion for hate, and that, in fact, we need continue to target people simply for issues is not to criminalize and to do a lot of work to make sure that the country from which they come, otherize and fearmonger about people we preserve this place, this country as simply for the region that they come who are trying to help our country, but a country that is safe for everybody. from. to actually get to work on a real fix for Unfortunately, it took a while to get The reason we invited all of those our immigration system. there, and his words belie the rhetoric guests to be here in the Chamber with I was initially pleased that the Presi- that he has put out there in the past. us is because we wanted to send a mes- dent talked about fixing a broken im- In fact, I think that this President has sage to this President and to our coun- migration system, but then he said we not spoken out against the kind of hate try that we are strong as a country be- are going to look at a merit-based sys- and, in fact, has sometimes said things cause of our diversity, that we are bet- tem. Now, I would not have been able that encourage his followers to act in ter for the perspectives and the values to come to this country under a merit- ways that simply do not meet the rhet- that people bring, and regardless of based system because I came here by oric that he had yesterday. what religion you are, we all, as the myself when I was 16 years old. My par- The first place that that was so obvi- President said yesterday, do bleed the ents sent me over here. They had very ous to me was in the space of immigra- same blood, and we all believe in the little money in their bank account. tion. Now, I have been an advocate on promise of the United States of Amer- They used their $5,000 to send me by immigration for many, many years. I ica. myself because they felt like this was have worked across the aisle with We wanted the President to under- the place I was going to get the best friends and colleagues in the U.S. Sen- stand and our colleagues in this body education.

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.133 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1459 And if you look at a merit-based sys- them to. But the solution for that is a Unfortunately, what he didn’t talk tem, what you do is you exclude the Medicare-for-all plan, a public plan about is that, even with the ban on lob- millions of people who have actually that allows us to take profits out of the byists, it is as if he is draining that come to the United States seeking ref- business of health care. It should not swamp and then pumping it into an- uge from famine, from devastation, be a business. It should be about mak- other spot, which happens to be his from drought, from persecution. You ing people better. It should be about Cabinet, that is filled with people who exclude all of those people. You also making people well and not about mak- represent Goldman Sachs ties, the CEO exclude all of the families who are try- ing corporations rich. That, I think, is of ExxonMobil, plenty of other elites ing to reunite with their loved ones a very important piece. who—we don’t begrudge people to when they come here and they bring The President said that he would make some money, but these are peo- their spouse or they bring their parent support a plan that would actually pro- ple who have made profit off of a vast or their child. That whole system of vide us with the ability to negotiate majority of Americans losing their in- family-based immigration that the for prescription drugs for Medicare. come. That would bring down the cost for United States has built so much of our b 2015 country around, that, too, would be ex- those prescription drugs. I am all in for cluded. that plan, and that is why I hope the These are people, frankly, who lob- Unfortunately, this President is still President supports the bill that was in- bied the United States Government so not at a place where he has said and troduced. that those corporations could do better embraced the idea of comprehensive Senator CANTWELL introduced a bill and so that they, as CEOs, could do immigration reform, an immigration yesterday that would allow the United better while caring not at all for the reform that has been, until this point, States to import more affordable drugs broad interests of people across this traditionally bipartisan—68 bipartisan from Canada while also allowing Med- country. votes in the U.S. Senate in 2013 for a icaid to negotiate drug prices directly, Based on these picks, it is clear that comprehensive immigration bill that and that would lower the costs for our the President’s priority is for the would have brought $1.5 trillion into seniors and for others who rely on wealthiest in our country and not, as our economy over the next 10 years by those lifelong medications. he promised over and over again, for I am so proud to have sponsored that legalizing and providing a pathway to the working people in our country. same bill in the House. That is the so- citizenship for undocumented immi- Now, I would love to be proven wrong lution that we need to move to is low- grants but, perhaps equally impor- on this. But unfortunately, all of the ering the costs of prescription drugs, tantly, would have provided the dig- tax plans, all of the proposals that we lowering the cost of health care, in- nity and respect to undocumented im- have seen so far, or, at least, the blue- creasing the quality of the care that we migrants in a very different way than prints that we have seen so far would provide. not do as he said last night. Last night, what the President spoke about last Let’s talk about the environment for night. he said he wants to provide a huge tax a minute because the President men- cut or tax relief for middle class fami- My colleague Mr. RASKIN talked a lit- tioned yesterday that he cares about tle bit about health care and the Af- lies. We would love to see that. Unfor- clean water and clean air, but at the tunately, the plan looks, in fact, like it fordable Care Act, and during his same time, the President has proposed speech, the President, unfortunately, is going to provide relief to the top tier in reports that have been published in of income earners in this country and again renewed the theme that the Af- the news that he intends to cut the En- fordable Care Act has been a disaster. not to the middle class. vironmental Protection Agency by 25 He has talked about a $54 billion cut He talked about his ideas for health percent, the budget of the Environ- care, and he said some things that in domestic spending, and I wanted to mental Protection Agency. have people understand exactly what maybe all of us could agree with. Scott Pruitt, our new Secretary of $54 billion amounts to because most of He said that we deserve health care the EPA, has talked about putting in us don’t really know. We can’t really that lowers costs for people. Yes, I place plans to repeal progress on cli- imagine that because we don’t have $54 would like that. He said that we de- mate change. The President also signed billion lying around. serve health care that increases qual- a rule to essentially roll back progress If we added up the entire budget for ity of care—absolutely. on the Clean Water Act, and we are the Environmental Protection Agency, But unfortunately, neither the Presi- talking about cutting agencies and dent nor Republicans in this Chamber staff of the EPA across the country. the entire budget of the National Oce- have offered us a replacement plan. So The reality is that we need to be anic and Atmospheric Administration, to repeal the Affordable Care Act thinking about how we preserve our the entire budget for the National Park which has provided so much benefit to planet for the next generation. I have Service—and I should give you these people—more than 20 million Ameri- got a 20-year-old son and he says to me: numbers because they are interesting: cans gained health care through the Mom, this is one of the most important $8 billion for the EPA, $5.85 billion for Affordable Care Act. But if Republicans things you can do is preserve the plan- the National Oceanic and Atmospheric succeed in repealing it, 30 million peo- et for me and for my kids. That is what Administration, $3.1 billion for the Na- ple will lose it. we need to do is look at the science of tional Park Service, $2.9 billion for the The 150 million Americans with pre- climate change, look at the ways in Department of Energy efficiency and existing conditions will see their pro- which we can strengthen our ability to renewable energy program, $1.6 billion tections stripped away, leaving them protect the environment, instead of for the Fish and Wildlife Service, and vulnerable to a lack of coverage. You what this President has said he will do, $1.2 billion for the U.S. Geological cannot protect the most expensive and which is to repeal so many of the rules Service—you still don’t get to that $54 the most valuable provisions of the Af- that the Obama administration put in billion. There are a whole bunch of oth- fordable Care Act if you do not con- place to make sure that we check the ers that are in that list. You still don’t tinue to keep the pool large enough, notion that corporations should be able get to $54 billion, even if you remove full of healthy people, so that those to mine our land, literally and figu- all of those agencies. provisions actually become affordable. ratively, for profit while destroying it So the work that we have to do is And you need to ensure that the pool is for the future. really to have people understand that large enough through the individual Budget and taxes, this was a really if we are going to cut nondefense dis- mandate. interesting one. One of the most com- cretionary spending by the amount So we have not seen a plan that im- mon refrains of President Trump’s that he is talking about increasing our proves health care, and it is important campaign was that he was going to defense budget by, our military spend- that we recognize we have improve- drain the swamp, and last night he ing by, then you are going to have to ments to make. There are too many talked about that. He said he promised cut into the very programs that help Americans across the country that he would do it, and he is now draining middle class families to continue their still, today, don’t have access to health the swamp. He has put a ban on lobby- lives and have dignity, respect, pull care in the way that we would like ists. themselves up and know that they are

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.135 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1460 CONGRESSIONAL RECORD — HOUSE March 1, 2017 going to have food on the table and a ber, the U.S. House of Representatives, United Nations and others are involved roof over their head and be able to send in the greatest country in the world, in that vetting process. Our own intel- their kids to college and be able to re- going from being an immigrant to ligence agencies vet people. tire in security. All of these programs being a United States Representative. Out of the seven countries that he help people to do that, to have oppor- I want every American—no matter put on the list for the Muslim ban, the tunity in this country, which is why what color you are, no matter whether 9/11 hijackers didn’t come from any of America is such a great country be- you are rural or urban, no matter those countries. They came from an- cause we provide that kind of oppor- whether you have money or don’t have other country that is not on that list: tunity. But if we decimate our non- money—I want you to have a great Saudi Arabia. defense discretionary spending by cut- public education that you can go to. So if we are really going to think ting it by $54 billion, then we are tak- That is choice. That is real choice. about how we improve our security in ing away that opportunity from mil- Choice is not privatizing our public this country, we should be thinking lions and millions of families. This is education system, and then saying, about economic security that gives not how we build up our communities. hey, 10 percent of the people get to go people the opportunity that they need Our budget is a demonstration of our to that, and then everybody else is in this country, the ability to fill our values as a country. We have to under- going to go to schools that don’t give jobs with well-trained folks from this stand that this is a time of tremendous them that opportunity. country, and then we continue to allow insecurity for Americans across our Real choice is about having an in- immigrants to come in as we need country. Wealth inequality is at the vestment in our public education sys- them. But don’t allow them to come in highest level that it has been in a very tem as the doorway, the gateway to a because we are not training enough long time, and people do not see the op- future of opportunity. people and we are not investing in peo- portunity for themselves. Mr. Speaker, the most important ple right here in this country and then They elected this President, in part, thing I think is that last night’s ad- criticize those immigrants for taking because of the promises that he made; dress was a softer tone. It was a dis- these jobs. and so if he is going to follow through, ciplined speech, and there were some Let’s raise our wages. Let’s invest in that would mean protecting those so- good statements. apprenticeships. That is good in rural cial safety net programs. It would Unfortunately, the rhetoric of last areas, and that is good in urban areas. mean investing in the environment for night doesn’t match the actions. It Let’s invest in our community and the future. It would mean expanding doesn’t match the executive actions of technical colleges. Let’s provide oppor- Social Security and Medicare. It would the last 7 weeks that have thrown this tunity for people who are ready to take mean saying that the answer to health country into chaos on immigration. It that opportunity. care is actually a Medicare-for-all pro- doesn’t match the fact that we still Let’s be compassionate. It is Ash gram, a way to make sure that every don’t have a replacement plan that will Wednesday today. I am not an observ- American does not have to be one make things better for health care, not ing Catholic, but I think today—be- healthcare crisis away from bank- increase payments, not give giveaways cause I went to a Jesuit university— ruptcy. to insurance companies, not decrease and I think today of what we were The President also talked about edu- subsidies so that health care can be af- taught in that university about com- cation last night, and he said it is the fordable. passion. civil rights issue of our time. I couldn’t His speech last night did not reflect I think it is time for us to recognize agree with him more, but I do not un- specifics around how he is going to ac- that true greatness for our country derstand how you go from that place to complish some of the good things that doesn’t come from fear mongering. It then saying that the answer to that is he said he was going to do. And it con- doesn’t come from otherizing. You can school choice. tinued to put fear into people’s hearts tap into that. You can mobilize people Ninety percent of the kids in this and minds about who our neighbors around that. You can enrage people country go through the public edu- are, about the immigrants across this around that. cation system. That is what my son country who have done so much to Ultimately, true greatness and the went through. We need to make sure build and contribute. greatness of this country has always that we preserve the ability for people He is the President of the United come from our ability to have a vision in this country to send their kids to States. He has a remarkable micro- of opportunity for everybody and to ac- good public schools. phone. He talked about unity last tually work to perfect this Union, to We should be investing in our public night. But unity means being a Presi- actually work to make democracy real, schools, investing in our teachers, dent for everybody, and it means not to actually work to engage people in a making sure that we provide the tools creating stories that somehow draw vision that says we are all better off and the resources to teachers so that in pictures of an immigrant community when we are all better off. That means our public schools—the place where our that is full of crime, inner cities that that my boat rising lifts your boat ris- kids are going to spend the most are full of crime. That is not the inner ing. It is not about fighting over the amount of their days—that they are cities that I know. If he is talking spoils that are too small for us any- getting the kind of education that al- about inner cities in Chicago and other way. It is not about whose pie we are lows them to earn a future, contribute places, we should be talking about how eating. back to the country, be trained for all to fix crime, but not calling everybody It is about having more pie for every- the jobs that we need to fill right here who lives there criminals. body and ultimately opportunity, edu- in the United States of America. We have got to understand that our cation, jobs, higher wages, health care, We should be investing in country deserves a body in this Cham- paid family leave, the ability for people preapprenticeship programs. We should ber, in this United States Congress to live with dignity and respect, racial be investing in debt-free college for all that really preserves the opportunity, justice, all of the fights that this coun- of our young people because it is ridic- the dreams, and the ability for every- try has been having for a very long ulous that a young person has to body in our country to know that they time. Some we have won, and some we choose between being $45,000 in debt or have got a fair shot. That is what have won a little bit on, and some we not going to college, not seeking a America has been for so long for so have won a lot on. We still have a ways higher education. many people across the world. to go. Higher education is what gave me ev- When he talks about improving the What I hope we do, as we think about erything that I have today. It was my vetting of refugees to this country, let the state of the Union of this country, parents’ belief in me and my future and me tell you, I know a lot about this is understand that our state of the the $5,000 that they had in the bank issue. There are 20 steps you have to go Union is strong when our communities that they used to send me here so that through if you want to be vetted into are strong. Our state of the Union is I could get a college degree. I was 16 this country as a refugee. All of our strong when we invest in our future. years old, and now I have the tremen- multiple intelligence agencies, mul- Mr. Speaker, I yield back the balance dous honor of standing in this Cham- tiple agencies in other countries, the of my time.

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.137 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 1, 2017 CONGRESSIONAL RECORD — HOUSE H1461 The SPEAKER pro tempore (Mr. motto is ‘‘Nebraska nice.’’ It is true. And perhaps, Mr. Speaker, we can SMUCKER). Members are reminded to Nebraskans are generally nice. But be- add to that quote today: And that the refrain from engaging in personalities neath that friendly veneer is an unmis- choice to be good makes the destiny ar- toward the President. takable, unvarnished realism. rive well. Nebraskans have a unique ability to Happy birthday, Nebraska. f look at a situation and size it up accu- Mr. Speaker, I yield back the balance HAPPY BIRTHDAY NEBRASKA rately, if often humorously. ‘‘Git r done’’ is an often-used phrase that I of my time. The SPEAKER pro tempore. Under think can be safely attributable to us. the Speaker’s announced policy of Jan- Now, sometimes, Mr. Speaker, Ne- f uary 3, 2017, the Chair recognizes the braska has been pejoratively described gentleman from Nebraska (Mr. FOR- in the popular imagination of our coun- ADJOURNMENT TENBERRY) for 30 minutes. try, first as the ‘‘Great American Mr. FORTENBERRY. Mr. Speaker, Desert’’ because it was thought that Mr. FORTENBERRY. Mr. Speaker, I for 150 years now, Nebraska has held a nothing would grow there. Today, we move that the House do now adjourn. special place in the history of America. have the largest amount of acreage The motion was agreed to; accord- We Nebraskans rightly pride ourselves under irrigation in the country, includ- ingly (at 8 o’clock and 37 minutes on the values of hard work, on the val- ing the fact that we are the largest p.m.), under its previous order, the ues of community life, on the proper grower of popcorn in America. We are a House adjourned until tomorrow, value of the good stewardship of our leader in livestock production and mul- Thursday, March 2, 2017, at 9 a.m. precious resources. The mystique of tiple types of commodity production, the , the nobility of the as well as specialty crops. family farm, and the vibrancy of our We were sometimes castigated as f people create the conditions for the ‘‘flyover country.’’ I hear that around good life. here sometimes, that is, until you PUBLIC BILLS AND RESOLUTIONS Our story is one of strength, it is one come to Nebraska and realize that it is Under clause 2 of rule XII, public of dignity, and I am proud to celebrate a wonderful place to live and to work bills and resolutions of the following our 150th anniversary. and to raise a family relatively free from crime, except even horse thieves, titles were introduced and severally re- b 2030 congestion, as well as pollution. ferred, as follows: Mr. Speaker, a number of years ago, Nebraska has, routinely, the highest By Mr. DEFAZIO (for himself and Mr. MASSIE): a gift of land donation enabled the ex- graduation rate in the country and the pansion of the Homestead National lowest unemployment rate in the coun- H.R. 1265. A bill to amend title 49, United Monument, which is near Beatrice, Ne- try. States Code, to make modifications to the passenger facility charge program adminis- braska. Run by the National Park And, though, in true Nebraska fash- ion, self-effacing Cornhuskers would tered by the Federal Aviation Administra- Service, their personnel were kind tion, and for other purposes; to the Com- enough to invite me to the dedication cringe at the term, we have had our mittee on Transportation and Infrastruc- ceremony; and during that event, a fair share of celebrities as well, includ- ture. young woman who was from a seventh- ing Father Ed Flanagan, who founded By Mr. BLUMENAUER (for himself and generation farm family—in high school Boys Town, now known as Boys Town Mr. BUCHANAN): at that time, as I recall—got up to and Girls Town; Civil Rights pioneers, H.R. 1266. A bill to authorize the Secretary speak. She gave a beautiful talk about Chief Standing Bear being one of the of Transportation to make grants to assist our Nebraska values, our connected- most prominent; Malcolm X; authors units of local government in developing and ness to the land, the deeper meaning of Mari Sandoz and Willa Cather; profes- implementing plans, known as Vision Zero plans, to eliminate transportation-related living on the plains, and the ideal of sional athletes Bob Gibson and Gale Sayers; and entertainers, Henry Fonda, fatalities and serious injuries, and for other maintaining the continuity of family purposes; to the Committee on Transpor- life. Marlon Brando, Montgomery Clift, Johnny Carson, and Dick Cavett. tation and Infrastructure. Her remarks, Mr. Speaker, moved me By Mr. SMITH of Missouri (for himself, Moreover, Mr. Speaker, our singular, so much that I literally tossed my own Mr. KIND, Mr. KELLY of Pennsyl- unicameral legislature is a model for speech aside and spoke off the cuff, and vania, Mr. BLUMENAUER, Mr. MEEHAN, bipartisanship and frugality. And I I said something like this: Perhaps it Mr. PASCRELL, Mr. BISHOP of Michi- would be remiss if I didn’t say our run- gan, Ms. SEWELL of Alabama, Mr. was on a day just like this where that it-up-the-gut offense with a few option SESSIONS, Ms. DELBENE, Mr. settler family came over the hill there, twists, it may not have been flashy, FITZPATRICK, and Ms. SINEMA): and they looked at the great expansion but it helped the University of Nebras- H.R. 1267. A bill to amend the Internal Rev- of the plains before them. ka’s football team win five national enue Code of 1986 to treat certain amounts Perhaps that day they felt the warm, championships. paid for physical activity, fitness, and exer- spring sun on their cheeks, and they I am proud to serve in the United cise as amounts paid for medical care; to the heard the chirp of the western meadow- States congressional seat once held by Committee on Ways and Means. lark in the air, and they watched as By Mr. SMITH of Nebraska (for him- Williams Jennings Bryan, who along self, Mr. KIND, Mr. SCHRADER, Mr. the beautiful bluestem prairie grass with Senator George Norris perhaps swayed in the wind. Perhaps it was YOHO, Mr. ABRAHAM, Ms. JENKINS of are the most famous, though con- Kansas, Ms. BROWNLEY of California, then that they made their decision: We troversial in some ways, politicians in Ms. DELBENE, Mr. GARAMENDI, Mr. stay right here. Nebraska will be our our State’s history. HARPER, Mr. LOEBSACK, Mr. MCGOV- home. As we celebrate the 150th anniversary ERN, Mr. ROGERS of Alabama, Mr. Mr. Speaker, when I finished that, I of Nebraska’s admission to the United RODNEY DAVIS of Illinois, and Mrs. was very proud of myself, so I sat States of America—by the way, the DAVIS of California): down. And then the next speaker came first State admitted after the Civil H.R. 1268. A bill to amend the Internal Rev- up, another political figure, and he had War—I recall Representative Bryan’s enue Code of 1986 to provide for an exclusion this to say: Well, my family came here words from over 100 years ago. It is a for assistance provided to participants in because they were horse thieves. We all certain veterinary student loan repayment quote that actually is outside of our or forgiveness programs; to the Committee shared a little laugh, but really, Mr. football stadium, known as Memorial on Ways and Means. Speaker, Nebraska’s colorful history Stadium, on Tom and Nancy Osborne By Mr. LAMALFA (for himself and Mr. and droll wit were simultaneously cap- Field. It says this: ‘‘Destiny is no mat- GARAMENDI): tured in that moment. ter of chance. It is a matter of choice. H.R. 1269. A bill to direct the Secretary of Nebraska’s official motto is ‘‘Equal- It is not a thing to be waited for, it is the Interior to take actions to support non- ity before the law,’’ but our unofficial a thing to be achieved.’’ Federal investments in water infrastructure

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improvements in the Sacramento Valley, By Mrs. BLACKBURN: Mrs. WATSON COLEMAN, Mr. and for other purposes; to the Committee on H.R. 1277. A bill to permit indefinite exten- SWALWELL of California, Mr. Natural Resources. sions for certain previously extended Med- ESPAILLAT, Ms. LEE, Mr. RASKIN, Mr. By Mr. NADLER (for himself and Ms. icaid managed care waivers; to the Com- NADLER, Mr. MCNERNEY, Mr. VARGAS, HERRERA BEUTLER): mittee on Energy and Commerce. Ms. FRANKEL of Florida, Mr. VEASEY, H.R. 1270. A bill to promote and protect By Mr. ESPAILLAT (for himself, Mr. Ms. KAPTUR, Mr. DESAULNIER, Mr. from discrimination living organ donors; to SCHNEIDER, Mrs. WATSON COLEMAN, QUIGLEY, Ms. JAYAPAL, Ms. DELAURO, the Committee on Energy and Commerce, Ms. NORTON, Mr. COHEN, Mr. RASKIN, Mr. GENE GREEN of Texas, Mr. and in addition to the Committees on Over- Mr. DEUTCH, Mr. BLUMENAUER, Mr. CUELLAR, Mr. CORREA, Mr. PERL- sight and Government Reform, House Ad- CICILLINE, Mr. GUTIE´ RREZ, Ms. MUTTER, Mrs. DINGELL, Mr. CASTRO of ministration, Education and the Workforce, VELA´ ZQUEZ, Mr. CA´ RDENAS, and Mr. Texas, Mr. SERRANO, Mr. KEATING, and Financial Services, for a period to be SWALWELL of California): Mr. CAPUANO, Mr. HIGGINS of New subsequently determined by the Speaker, in H.R. 1278. A bill to amend title 18, United York, Mr. TONKO, Mr. PRICE of North each case for consideration of such provi- States Code, to require firearm assembly Carolina, Mr. CICILLINE, Mr. PETER- sions as fall within the jurisdiction of the kits to be considered to be firearms; to the SON, Mr. VELA, Mr. HASTINGS, Mr. committee concerned. Committee on the Judiciary. CUMMINGS, Ms. CLARK of Massachu- By Mr. JOHNSON of Ohio (for himself By Ms. ESTY (for herself, Mr. KING of setts, Mr. O’HALLERAN, Ms. and Ms. MATSUI): New York, Ms. MCCOLLUM, and Mr. PLASKETT, Mr. LAWSON of Florida, H.R. 1271. A bill to amend the Federal COSTELLO of Pennsylvania): Mr. PETERS, Mr. GONZALEZ of Texas, Food, Drug, and Cosmetic Act to prevent the H.R. 1279. A bill to amend title 38, United Mr. BROWN of Maryland, Mr. DANNY abuse of dextromethorphan, and for other States Code, to direct the Secretary of Vet- K. DAVIS of Illinois, Mrs. TORRES, Mr. purposes; to the Committee on Energy and erans Affairs to establish within the Depart- PANETTA, Ms. BONAMICI, Mr. THOMP- Commerce. ment of Veterans Affairs a center of excel- SON of California, Ms. MATSUI, Mr. By Mr. RUSH: lence in the prevention, diagnosis, mitiga- NOLAN, Mr. EVANS, Mr. SUOZZI, Ms. H.R. 1272. A bill to provide for the expedi- tion, treatment, and rehabilitation of health BROWNLEY of California, Ms. tious disclosure of records related to civil conditions relating to exposure to burn pits; VELA´ ZQUEZ, Mr. CLAY, Mr. NEAL, Mr. rights cold cases, and for other purposes; to to the Committee on Veterans’ Affairs, and LYNCH, Ms. JUDY CHU of California, the Committee on Oversight and Govern- in addition to the Committee on Armed Mr. GARAMENDI, Ms. HANABUSA, Ms. ment Reform. Services, for a period to be subsequently de- of Texas, Mr. By Mr. NEWHOUSE (for himself, Mr. termined by the Speaker, in each case for LEWIS of Georgia, Mr. CARSON of Indi- GOSAR, Mr. PEARCE, Mr. HARPER, Mr. consideration of such provisions as fall with- ana, Mr. MCGOVERN, Mr. BRENDAN F. CRAMER, Mr. MARSHALL, Mr. in the jurisdiction of the committee con- BOYLE of Pennsylvania, Mr. CHAFFETZ, and Mr. TIPTON): cerned. MCEACHIN, Mr. CA´ RDENAS, Mr. ENGEL, H.R. 1273. A bill to amend the Endangered By Mr. FORTENBERRY: Mr. WELCH, Ms. BARRAGA´ N, and Mrs. Species Act of 1973 to require publication of H.R. 1280. A bill to amend the Internal Rev- BUSTOS): the basis for determinations that species are enue Code of 1986 to increase the maximum H.R. 1287. A bill to require that any Execu- endangered species or threatened species, contribution limit for health savings ac- tive order be published on the White House and for other purposes; to the Committee on counts, and for other purposes; to the Com- website not less than 72 hours before the Ex- Natural Resources. mittee on Ways and Means. ecutive order is signed; to the Committee on By Mr. NEWHOUSE (for himself, Mr. By Mr. FRELINGHUYSEN: Oversight and Government Reform. TIPTON, Mr. ABRAHAM, Mr. GOSAR, H.R. 1281. A bill to extend the authoriza- By Ms. KUSTER of New Hampshire (for Mr. PEARCE, Mr. HARPER, Mr. YOHO, tion of the Highlands Conservation Act; to herself, Mr. GARAMENDI, Ms. CLARK of Mr. JONES, Mr. MARSHALL, and Mr. the Committee on Natural Resources. Massachusetts, Mr. GRIJALVA, and CRAMER): By Mr. GARRETT (for himself and Mr. Mr. of New H.R. 1274. A bill to amend the Endangered MCCAUL): York): Species Act of 1973 to require making avail- H.R. 1282. A bill to amend the Homeland H.R. 1288. A bill to direct the Secretary of able to States affected by determinations Security of 2002 to establish Acquistion Re- Education to carry out a grant program for that species are endangered species or view Boards in the Department of Homeland early childhood STEM activities; to the threatened species all data that is the basis Security, and for other purposes; to the Com- Committee on Education and the Workforce. of such determinations, and for other pur- mittee on Homeland Security. By Ms. LEE (for herself, Mr. BISHOP of poses; to the Committee on Natural Re- By Mr. HULTGREN (for himself, Mr. Georgia, Ms. CLARKE of New York, sources. DAVID SCOTT of Georgia, and Mr. Ms. TSONGAS, Mr. CARSON of Indiana, By Mr. SESSIONS: MESSER): Mr. LEWIS of Georgia, Ms. BORDALLO, H.R. 1275. A bill to eliminate the individual H.R. 1283. A bill to amend the Higher Edu- Miss RICE of New York, Ms. NORTON, and employer health coverage mandates cation Act of 1965 to require the disclosure of Mrs. DINGELL, and Mr. SOTO): under the Patient Protection and Affordable the annual percentage rates applicable to H.R. 1289. A bill to establish the Social Care Act, to expand beyond that Act the Federal student loans; to the Committee on Work Reinvestment Commission to provide choices in obtaining and financing affordable Education and the Workforce. independent counsel to Congress and the health insurance coverage, and for other pur- By Ms. JENKINS of Kansas (for herself Secretary of Health and Human Services on poses; to the Committee on Energy and Com- and Mr. THOMPSON of California): policy issues related to recruitment, reten- merce, and in addition to the Committees on H.R. 1284. A bill to amend title XVIII of the tion, research, and reinvestment in the pro- Ways and Means, and Education and the Social Security Act to provide for the rec- fession of social work, and for other pur- Workforce, for a period to be subsequently ognition of attending physician assistants as poses; to the Committee on Education and determined by the Speaker, in each case for attending physicians to serve hospice pa- the Workforce. consideration of such provisions as fall with- tients, and for other purposes; to the Com- By Ms. LEE (for herself, Mr. DEFAZIO, in the jurisdiction of the committee con- mittee on Ways and Means, and in addition Mr. SERRANO, Ms. MCCOLLUM, and cerned. to the Committee on Energy and Commerce, Mr. GRIJALVA): By Ms. ADAMS (for herself, Mr. for a period to be subsequently determined H.R. 1290. A bill to amend title XVIII of the MCGOVERN, Ms. FUDGE, Ms. DELAURO, by the Speaker, in each case for consider- Social Security Act to improve access to Mr. EVANS, Ms. PLASKETT, Ms. ation of such provisions as fall within the ju- mental health services under the Medicare DELBENE, Ms. NORTON, Ms. KAPTUR, risdiction of the committee concerned. program; to the Committee on Energy and Ms. LEE, Mr. LARSEN of Washington, By Mr. KILMER: Commerce, and in addition to the Committee Ms. VELA´ ZQUEZ, Mr. HASTINGS, Mr. H.R. 1285. A bill to designate and expand on Ways and Means, for a period to be subse- CICILLINE, Ms. MOORE, Mr. CONYERS, wilderness areas in Olympic National Forest quently determined by the Speaker, in each Ms. SHEA-PORTER, Mr. DEUTCH, Mr. in the State of Washington, and to designate case for consideration of such provisions as GRIJALVA, Mr. MEEKS, Mr. NORCROSS, certain rivers in Olympic National Forest fall within the jurisdiction of the committee Ms. JACKSON LEE, Mr. BUTTERFIELD, and Olympic National Park as wild and sce- concerned. Mrs. WATSON COLEMAN, Mr. RUSH, Mr. nic rivers, and for other purposes; to the By Ms. NORTON (for herself, Ms. RICHMOND, Mr. COHEN, Ms. CLARKE of Committee on Natural Resources. ADAMS, Ms. BASS, Mrs. BEATTY, Mr. New York, Mr. LEWIS of Georgia, Ms. By Mr. KIND: BEYER, Mr. BISHOP of Georgia, Mr. JAYAPAL, and Mr. LANGEVIN): H.R. 1286. A bill to require the Secretary of BLUMENAUER, Ms. BONAMICI, Ms. H.R. 1276. A bill to amend the Food and Nu- Education to use the excess revenue gen- BORDALLO, Mr. BRADY of Pennsyl- trition Act of 2008 to require that supple- erated from the William D. Ford Federal Di- vania, Mr. BROWN of Maryland, Ms. mental nutrition assistance program bene- rect Loan Program to carry out the Federal BROWNLEY of California, Mr. fits be calculated with reference to the cost Pell Grant Program; to the Committee on BUTTERFIELD, Mr. CARSON of Indiana, of the low-cost food plan as determined by Education and the Workforce. Mr. CARTWRIGHT, Ms. JUDY CHU of the Secretary of Agriculture, and for other By Mr. KRISHNAMOORTHI (for him- California, Mr. CICILLINE, Ms. CLARK purposes; to the Committee on Agriculture. self, Mr. BLUMENAUER, Mr. GRIJALVA, of Massachusetts, Ms. CLARKE of New

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York, Mr. CLAY, Mr. CLEAVER, Mr. name of Peace Corps on death announce- Ms. CLARK of Massachusetts, Ms. CLYBURN, Mr. COHEN, Mr. CONNOLLY, ments and grave stones; to the Committee CLARKE of New York, Mr. COHEN, Mr. Mr. CONYERS, Mr. COURTNEY, Mr. on Foreign Affairs. CONYERS, Mr. DELANEY, Mr. CROWLEY, Mr. CUMMINGS, Mr. DANNY By Mr. TIBERI (for himself, Mr. NEAL, DESAULNIER, Mrs. DINGELL, Mr. K. DAVIS of Illinois, Mr. DEFAZIO, Ms. Mr. RENACCI, Mr. LARSON of Con- DONOVAN, Mr. ELLISON, Mr. DEGETTE, Mr. DELANEY, Ms. necticut, Mr. PAULSEN, Mr. KIND, and ESPAILLAT, Mr. EVANS, Mr. GRIJALVA, DELAURO, Mr. DESAULNIER, Mr. Mrs. BEATTY): Mr. GUTHRIE, Mr. HIMES, Ms. JACKSON DEUTCH, Mr. ELLISON, Mr. ENGEL, Ms. H.R. 1296. A bill to amend the Internal Rev- LEE, Ms. JAYAPAL, Mr. JENKINS of ESHOO, Ms. FRANKEL of Florida, Ms. enue Code of 1986 to provide appropriate West Virginia, Ms. JENKINS of Kan- FUDGE, Mr. GALLEGO, Mr. AL GREEN rules for the application of the deduction for sas, Mr. JONES, Ms. KAPTUR, Mr. of Texas, Mr. GRIJALVA, Mr. income attributable to domestic production KNIGHT, Ms. KUSTER of New Hamp- GUTIE´ RREZ, Ms. HANABUSA, Mr. HAS- activities with respect to certain contract shire, Mr. LANGEVIN, Mr. LARSON of TINGS, Mr. HUFFMAN, Ms. JACKSON manufacturing or production arrangements; Connecticut, Mrs. LAWRENCE, Ms. LEE, Mr. JEFFRIES, Ms. EDDIE BER- to the Committee on Ways and Means. LEE, Mr. TED LIEU of California, Mr. NICE JOHNSON of Texas, Mr. JOHNSON By Mrs. WATSON COLEMAN: LOWENTHAL, Ms. MENG, Ms. MOORE, of Georgia, Ms. KAPTUR, Ms. KELLY of H.R. 1297. A bill to amend the Homeland Ms. NORTON, Mr. PALLONE, Mr. PA- Illinois, Mr. KILDEE, Mr. KILMER, Mr. Security Act of 2002 to make technical cor- NETTA, Mr. PETERS, Ms. ROYBAL- LANGEVIN, Mr. LARSON of Con- rections to the requirement that the Sec- ALLARD, Mr. RUSH, Mr. RYAN of Ohio, necticut, Mrs. LAWRENCE, Ms. LEE, retary of Homeland Security submit quad- Ms. SHEA-PORTER, Ms. SLAUGHTER, Mr. LEVIN, Mr. LEWIS of Georgia, Mr. rennial homeland security reviews, and for Mr. SMITH of Nebraska, Mr. TED LIEU of California, Mr. LIPINSKI, other purposes; to the Committee on Home- SWALWELL of California, Mr. TAKANO, Ms. LOFGREN, Mr. LOWENTHAL, Mrs. land Security. Ms. TITUS, Mr. THOMPSON of Cali- LOWEY, Ms. MICHELLE LUJAN GRISHAM By Mr. WENSTRUP (for himself and fornia, Mrs. TORRES, Mr. VARGAS, Ms. of New Mexico, Mr. LYNCH, Mrs. Mr. DANNY K. DAVIS of Illinois): VELA´ ZQUEZ, Mr. WALZ, Ms. CAROLYN B. MALONEY of New York, H.R. 1298. A bill to amend title XVIII of the WASSERMAN SCHULTZ, Mr. YARMUTH, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. Social Security Act to cover screening com- and Mr. FARENTHOLD): MCNERNEY, Mr. MEEKS, Ms. MOORE, puted tomography colonography as a H. Res. 162. A resolution expressing support Mr. NADLER, Mrs. NAPOLITANO, Mr. colorectal cancer screening test under the for designation of March 21, 2017, as ‘‘Na- NOLAN, Mr. O’ROURKE, Mr. PALLONE, Medicare program; to the Committee on En- tional Rosie the Riveter Day’’; to the Com- Mr. PASCRELL, Mr. PAYNE, Mr. PERL- ergy and Commerce, and in addition to the mittee on Education and the Workforce. MUTTER, Mr. PETERS, Ms. PLASKETT, Committee on Ways and Means, for a period By Mr. PAYNE: Mr. POCAN, Mr. POLIS, Mr. PRICE of to be subsequently determined by the Speak- H. Res. 163. A resolution supporting the North Carolina, Mr. RASKIN, Mr. er, in each case for consideration of such pro- designation of March 2017, as National RICHMOND, Mr. RUPPERSBERGER, Mr. visions as fall within the jurisdiction of the Colorectal Cancer Awareness Month; to the RUSH, Mr. RYAN of Ohio, Mr. SABLAN, committee concerned. Committee on Oversight and Government Ms. SA´ NCHEZ, Mr. SARBANES, Ms. By Mr. LEWIS of Minnesota: Reform. H.J. Res. 84. A joint resolution providing SCHAKOWSKY, Mr. SCOTT of Virginia, for congressional disapproval under chapter 8 f Mr. SERRANO, Ms. SEWELL of Ala- of title 5, United States Code, of the rule bama, Ms. SLAUGHTER, Ms. SPEIER, CONSTITUTIONAL AUTHORITY submitted by the Department of Transpor- Mr. TAKANO, Mr. THOMPSON of Mis- STATEMENT tation relating to ‘‘Metropolitan Planning sissippi, Mr. TONKO, Ms. TSONGAS, Organization Coordination and Planning Pursuant to clause 7 of rule XII of Mr. VARGAS, Mr. VEASEY, Ms. Area Reform’’; to the Committee on Trans- the Rules of the House of Representa- VELA´ ZQUEZ, Mr. WALZ, Ms. portation and Infrastructure. WASSERMAN SCHULTZ, Ms. MAXINE tives, the following statements are sub- By Mr. GALLAGHER (for himself and WATERS of California, Mrs. WATSON mitted regarding the specific powers Mr. JOHNSON of Louisiana): COLEMAN, Mr. WELCH, Ms. WILSON of granted to Congress in the Constitu- H.J. Res. 85. A joint resolution proposing Florida, Mr. YARMUTH, Mr. QUIGLEY, an amendment to the Constitution of the tion to enact the accompanying bill or and Mr. LARSEN of Washington): joint resolution. H.R. 1291. A bill to provide for the admis- United States limiting the number of terms By Mr. DeFAZIO: sion of the State of Washington, D.C. into Senators and Representatives may serve; to H.R. 1265. the Union; to the Committee on Oversight the Committee on the Judiciary. Congress has the power to enact this legis- and Government Reform, and in addition to By Mr. FORTENBERRY (for himself, lation pursuant to the following: the Committee on Rules, for a period to be Mr. SMITH of Nebraska, and Mr. Article I, Section 8, Clause 1, Clause 3, and subsequently determined by the Speaker, in BACON): each case for consideration of such provi- H. Con. Res. 32. Concurrent resolution con- Clause 18 of the Constitution. sions as fall within the jurisdiction of the gratulating the State of Nebraska on the By Mr. BLUMENAUER: committee concerned. 150th anniversary of the admission of that H.R. 1266. State into the United States; to the Com- Congress has the power to enact this legis- By Mr. POSEY (for himself, Mr. THOM- mittee on Oversight and Government Re- lation pursuant to the following: AS J. ROONEY of Florida, Mr. DEUTCH, form. Article I, Section 8, Clause 1 Mr. JOHNSON of Georgia, and Mr. By Mr. CICILLINE (for himself, Ms. By Mr. SMITH of Missouri: TROTT): H.R. 1292. A bill to amend the Terrorism SCHAKOWSKY, Ms. MATSUI, Mr. CART- H.R. 1267. Risk Insurance Act of 2002 to allow for the WRIGHT, Mr. BRENDAN F. BOYLE of Congress has the power to enact this legis- use of certain assets of foreign persons and Pennsylvania, Ms. WASSERMAN lation pursuant to the following: entities to satisfy certain judgments against SCHULTZ, Ms. LOFGREN, Mr. POCAN, Article I, Section 8 terrorist parties, and for other purposes; to Mr. GRIJALVA, Ms. SHEA-PORTER, Mr. By Mr. SMITH of Nebraska: the Committee on the Judiciary. LANGEVIN, Ms. ROYBAL-ALLARD, Ms. H.R. 1268. By Mr. ROSS: MICHELLE LUJAN GRISHAM of New Congress has the power to enact this legis- H.R. 1293. A bill to amend title 5, United Mexico, Ms. BONAMICI, Ms. PINGREE, lation pursuant to the following: States Code, to require that the Office of Ms. KAPTUR, Mr. CONNOLLY, Mr. Article I, Section 8: The Congress shall Personnel Management submit an annual re- MCNERNEY, Mrs. CAROLYN B. MALO- have Power To lay and collect Taxes, Duties, port to Congress relating to the use of offi- NEY of New York, Ms. FUDGE, Mr. Imposts, and Excises . . . cial time by Federal employees; to the Com- COHEN, Mr. GARAMENDI, Mr. DEUTCH, By Mr. LAMALFA: mittee on Oversight and Government Re- Ms. TITUS, and Ms. SLAUGHTER): H.R. 1269. form. H. Res. 160. A resolution amending the Congress has the power to enact this legis- By Mr. RUTHERFORD (for himself and Rules of the House of Representatives to es- lation pursuant to the following: Mr. MCCAUL): tablish a Permanent Select Committee on Article 1, Section 8 of the Constitution H.R. 1294. A bill to amend the Homeland Aging; to the Committee on Rules. grants Congress the authority to regulate Security Act of 2002 to provide for congres- By Ms. FUDGE (for herself and Mr. commerce between the states and has pre- sional notification regarding major acquisi- TIBERI): viously been recognized as authorizing the tion program breaches, and for other pur- H. Res. 161. A resolution recognizing the Bureau of Reclamation, which this bill ad- poses; to the Committee on Homeland Secu- 100th anniversary of the Academy of Nutri- dresses. rity. tion and Dietetics, the world’s largest orga- By Mr. NADLER: By Mr. SIRES (for himself and Mr. nization of food and nutrition professionals; H.R. 1270. YOUNG of Iowa): to the Committee on Energy and Commerce. Congress has the power to enact this legis- H.R. 1295. A bill to amend the Peace Corps By Mr. HUFFMAN (for himself, Ms. lation pursuant to the following: Act to allow former volunteers and officers SPEIER, Mr. FITZPATRICK, Mrs. Clauses 3 and 18 of Article 1 Section 8 of and employees to use the seal, emblem, or BEATTY, Ms. BROWNLEY of California, the U.S. Constitution

VerDate Sep 11 2014 02:53 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\L01MR7.100 H01MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1464 CONGRESSIONAL RECORD — HOUSE March 1, 2017 By Mr. JOHNSON of Ohio: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1271. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8, Clause 18—To make all This bill is enacted pursuant to the power lation pursuant to the following: Laws which shall be necessary and proper for granted to Congress under Article I of the Article I, Section 8, Clause 1 of the United carrying into Execution the foregoing Pow- United States Constitution and its subse- States Constitution ers, and all other Powers vested by this Con- quent amendments, and further clarified and By Mr. RUSH: stitution in the Government of the United interpreted by the Supreme Court of the H.R. 1272. States or in any Department or Officer United States. Congress has the power to enact this legis- thereof. By Ms. NORTON: lation pursuant to the following: By Mr. HULTGREN: H.R. 1291. Article I, Section 8, Clause 1: ‘‘The Con- H.R. 1283. Congress has the power to enact this legis- gress shall have power to . . . provide for the Congress has the power to enact this legis- lation pursuant to the following: . . . general welfare of the United States lation pursuant to the following: clause 1 of section 3 of article IV of the . . .’’; and Section 8, Clause 18: To make all Laws Constitution. Article I, Section 8, Clause 18: ‘‘To make which shall be necessary and proper for car- By Mr. POSEY: all laws which shall be necessary and proper rying into Execution the foregoing Powers, H.R. 1292. for carrying into execution the foregoing and all other Powers vested by this Constitu- Congress has the power to enact this legis- powers . . .’’ tion in the Government of the United States, lation pursuant to the following: By Mr. NEWHOUSE: or in any Department or Officer thereof. Article I, Section 8, Clause 3 of the Con- H.R. 1273. Section 8, Clause 3: To regulate Commerce stitution of the United States: To regulate Congress has the power to enact this legis- with foreign Nations, and among the several commerce with foreign nations, and among lation pursuant to the following: States, and with the Indian Tribes. the several states, and with the Indian Article I, Section 8, Clause 3 of the United By Ms. JENKINS of Kansas: tribes; States Constitution H.R. 1284. Article I, Section 8, Clause 9 of the Con- By Mr. NEWHOUSE: Congress has the power to enact this legis- stitution of the United States: To constitute H.R. 1274. lation pursuant to the following: tribunals inferior to the Supreme Court; Congress has the power to enact this legis- Article I, Section 8: Article I, Section 8, Clause 10 of the Con- lation pursuant to the following: The Congress shall have Power To lay and stitution of the United States: To define and Article I, Section 8, Clause 3 of the United collect Taxes, Duties, Imposts and Excises, punish Piracies and Felonies committed on States Constitution to pay the Debts and provide for the common the high Seas, and Offenses against the Law By Mr. SESSIONS: Defense and general Welfare of the United of Nations; H.R. 1275. States; but all Duties, Imposts and Excises Article I, Section 8, Clause 18 of the Con- Congress has the power to enact this legis- shall be uniform throughout the United stitution of the United States: To make all lation pursuant to the following: States. Laws which shall be necessary and proper for Article I, Section 8, Clause 1: The Congress shall have Power To lay and Article I, Section 9: carrying into Execution the forgoing Powers, No Money shall be drawn from the Treas- collect Taxes, Duties, Imposts and Excises, and all other Powers vested by this Constitu- ury, but in Consequence of Appropriations to pay the Debts and provide for the common tion in the Government of the United States made by Law. Defense and general Welfare of the United or in any Department or Officer thereof; By Mr. KILMER: States; but all Duties, Imposts and Excises Amendment V No person shall be . . . de- H.R. 1285. shall be uniform throughout the United prived of life, liberty, or property, without Congress has the power to enact this legis- States; due process of law. lation pursuant to the following: By Ms. ADAMS: By Mr. ROSS: Article I, Section 8, Clause 1 (relating to H.R. 1276. H.R. 1293. Congress has the power to enact this legis- providing for the general welfare of the Congress has the power to enact this legis- lation pursuant to the following: United States); lation pursuant to the following: Article I, Section 8, Clause 3, ‘‘To regulate Article I, Section 8, Clause 18 (relating to Article I, Section 8, Clause 18 Commerce with Foreign Nationals, and the power to make all laws necessary and By Mr. RUTHERFORD: among the several States, and with the In- proper for carrying out the powers vested in H.R. 1294. dian Tribes.’’ Congress); and Congress has the power to enact this legis- Article I, Section 8, Clause 1, ‘‘The Con- Article IV, Section 3, Clause 2 (relating to lation pursuant to the following: gress shall have the Power To lay and collect the power of Congress to dispose of and make Article 1, Section 8, Clause 18—To make all Taxes, Duties, Imposts and Excises, to pay all needful rules and regulations respecting Laws which shall be necessary and proper for the Debts and provide for the common the territory or other property belonging to carrying into Execution the foregoing Pow- Defence and general Welfare of the United the United States). ers, and all other Powers vested by this Con- States; but all Duties, Imposts and Excises By Mr. KIND: stitution in the Government of the United shall be uniform throughout the United H.R. 1286. States or in any Department or Officer States.’’ Congress has the power to enact this legis- thereof. By Mrs. BLACKBURN: lation pursuant to the following: By Mr. SIRES: H.R. 1277. Article I Section 8, Clause 3. H.R. 1295. Congress has the power to enact this legis- By Mr. KRISHNAMOORTHI: Congress has the power to enact this legis- lation pursuant to the following: H.R. 1287. lation pursuant to the following: Article 1, Section 8, Clause 3 Congress has the power to enact this legis- Pursuant to clause 3(d) of rules XIII of the By Mr. ESPAILLAT: lation pursuant to the following: Rules of the House of Representatives, the H.R. 1278. The authority to offer this bill derives Committee finds the authority for this legis- Congress has the power to enact this legis- from Article 1, Section 8, Clause 18, of the lation in article I, section 8 of the Constitu- lation pursuant to the following: US Constitution. tion. clause 3 of section 8 of article I of the Con- By Ms. KUSTER of New Hampshire: By Mr. TIBERI: stitution H.R. 1288. H.R. 1296. By Ms. ESTY: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1279. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8, Clause 1 (relating to Clause 1 of Section 8 of Article I lation pursuant to the following: the power of Congress to provide for the gen- By Mrs. WATSON COLEMAN: clause 18 of section 8 of article 1 of the eral welfare of the United States) and Clause H.R. 1297. Constitution. 18 (relating to the power to make all laws Congress has the power to enact this legis- By Mr. FORTENBERRY: necessary and proper for carrying out the lation pursuant to the following: H.R. 1280. powers vested in Congress) Article I, Section 8, Clause 1 Congress has the power to enact this legis- By Ms. LEE: Article I, Section 8, Clause 18 lation pursuant to the following: H.R. 1289. By Mr. WENSTRUP: Article I, Section 8, Clause 1 of the United Congress has the power to enact this legis- H.R. 1298. States Constitution. lation pursuant to the following: Congress has the power to enact this legis- By Mr. FRELINGHUYSEN: This bill is enacted pursuant to the power lation pursuant to the following: H.R. 1281. granted to Congress under Article I of the Article I, Section 8, Clause 1 Congress has the power to enact this legis- United States Constitution and its subse- By Mr. LEWIS of Minnesota: lation pursuant to the following: quent amendments, and further clarified and H.J. Res. 84. Article I, Section 8 of the United States interpreted by the Supreme Court of the Congress has the power to enact this legis- Constitution United States. lation pursuant to the following: By Mr. GARRETT: By Ms. LEE: Article 1, Section 8, Clause 3 of the Con- H.R. 1282. H.R. 1290. stitution of the United States—To regulate

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commerce with foreign nations, and among H.R. 453: Mr. LUETKEMEYER. H.R. 1015: Ms. ESTY. the several States, and with Indian Tribes H.R. 459: Mr. RICHMOND. H.R. 1017: Mr. FORTENBERRY. By Mr. GALLAGHER: H.R. 477: Mr. BRADY of Texas. H.R. 1026: Mr. COLLINS of New York. H.J. Res. 85. H.R. 480: Mr. MARCHANT. H.R. 1031: Mr. BABIN. Congress has the power to enact this legis- H.R. 490: Mr. DAVIDSON. H.R. 1038: Mr. BYRNE. lation pursuant to the following: H.R. 547: Mr. YARMUTH. H.R. 1083: Ms. BROWNLEY of California. Article V: ‘‘The Congress, whenever two H.R. 559: Mr. HILL. H.R. 1091: Mrs. BROOKS of Indiana. thirds of both houses shall deem it nec- H.R. 564: Mr. BABIN, Mr. GRAVES of Mis- essary, shall propose amendments to this souri, Mr. WITTMAN, and Mr. PITTENGER. H.R. 1097: Mr. CARSON of Indiana. Constitution, or, on the application of the H.R. 638: Mr. ROYCE of California and Mr. H.R. 1098: Mr. BUCHANAN. legislatures of two thirds of several states, AGUILAR. H.R. 1102: Mr. KILMER. shall call a convention for proposing amend- H.R. 660: Mr. VALADAO and Mr. JODY B. H.R. 1104: Ms. SHEA-PORTER. ments, which, in either case, shall be valid to HICE of Georgia. H.R. 1105: Mr. FARENTHOLD. all intents and purposes, as part of this Con- H.R. 664: Ms. SLAUGHTER, Ms. JACKSON LEE, H.R. 1148: Mr. HARRIS, Ms. MCCOLLUM, Mr. stitution, when ratified by the legislatures of Mr. DONOVAN, and Mr. FASO. CLAY, and Ms. MCSALLY. three fourths of the several states, or by con- H.R. 669: Mr. LOWENTHAL. H.R. 1155: Mr. PRICE of North Carolina and ventions in three fourths thereof, as the one H.R. 685: Mr. BRENDAN F. BOYLE of Penn- Mr. FORTENBERRY. or the other mode of ratification may be pro- sylvania. H.R. 1158: Mr. ABRAHAM, Mr. RYAN of Ohio, posed by the Congress; provided that no H.R. 696: Mrs. LOWEY, Mr. CRIST, Mr. CAS- Ms. STEFANIK, Ms. EDDIE BERNICE JOHNSON of amendment which may be made prior to the TRO of Texas, Mr. MAST, Ms. ROSEN, Mr. Texas, Mr. KELLY of Mississippi, Mr. year one thousand eight hundred and eight SERRANO, and Mr. MEEKS. LOEBSACK, and Mrs. BEATTY. shall in any manner affect the first and H.R. 721: Ms. BONAMICI, Mr. AMODEI, Mr. H.R. 1179: Mr. OLSON, Mr. RENACCI, Mr. fourth clauses in the ninth section of the VELA, Mr. FLORES, Mrs. NOEM, Mr. VALADAO, BANKS of Indiana, Mrs. WALORSKI, and Mr. first article; and that no state, without its Mr. DESAULNIER, Ms. DELAURO, Mr. SIRES, CRAMER. consent, shall be deprived of its equal suf- and Mr. PETERS. H.R. 1188: Mr. FITZPATRICK and Mr. CAL- frage in the Senate.’’ H.R. 747: Mr. CARBAJAL, Ms. SA´ NCHEZ, Mr. VERT. HOLDING, Mr. GENE GREEN of Texas, Mr. f H.R. 1200: Mr. WITTMAN. GIBBS, Mr. HUIZENGA, Mr. WITTMAN, and Mr. H.R. 1203: Mr. YOHO. ADDITIONAL SPONSORS ISSA. H.R. 1204: Mr. GOSAR and Mr. FLORES. Under clause 7 of rule XII, sponsors H.R. 754: Ms. MICHELLE LUJAN GRISHAM of were added to public bills and resolu- New Mexico. H.R. 1223: Mr. LANCE, Mr. FRELINGHUYSEN, and Mr. SOTO. tions, as follows: H.R. 757: Ms. TITUS, Mr. SMITH of Wash- ington, Mr. HOYER, and Mr. RUSH. H.R. 1227: Mr. POLIS. H.R. 25: Mr. FARENTHOLD. H.R. 785: Mrs. NOEM. H.R. 1242: Mr. PRICE of North Carolina and H.R. 36: Mrs. ROBY. H.R. 787: Ms. SHEA-PORTER. Mr. MCGOVERN. H.R. 37: Mrs. ROBY. H.R. 40: Mr. THOMPSON of Mississippi, Ms. H.R. 816: Mr. TAKANO. H.J. Res. 48: Mr. KILMER. MOORE, and Ms. SEWELL of Alabama. H.R. 817: Ms. KAPTUR and Ms. DEGETTE. H.J. Res. 71: Mr. FRANKS of Arizona, Mr. H.R. 82: Mr. BARLETTA. H.R. 820: Mr. YOUNG of Iowa, Mr. ENGEL, BABIN, Mr. ROKITA, Mr. FLEISCHMANN, Mr. H.R. 113: Mr. SARBANES. Mr. DAVID SCOTT of Georgia, Mr. GRAVES of HIGGINS of Louisiana, and Mr. GIBBS. H.R. 147: Mrs. ROBY. Missouri, Mr. KIND, and Mr. QUIGLEY. H.J. Res. 74: Mr. TONKO, Mr. SERRANO, Ms. H.R. 173: Mr. SCHNEIDER, Mr. GIBBS, Ms. H.R. 821: Ms. SPEIER, Mr. LOWENTHAL, and SCHAKOWSKY, Mr. LOEBSACK, and Ms. ROSEN, Mr. NOLAN, Mr. YARMUTH, and Ms. Ms. BARRAGA´ N. BARRAGA´ N. ´ FUDGE. H.R. 823: Ms. BARRAGAN and Mr. RUIZ. H.J. Res. 83: Mr. ARRINGTON and Mr. YOHO. H.R. 179: Mr. WITTMAN and Mr. POLIS. ´ H.R. 825: Mr. BEN RAY LUJAN of New Mex- H. Con. Res. 10: Mr. REED. H.R. 233: Mr. KENNEDY and Mr. LOWENTHAL. ico and Mr. JODY B. HICE of Georgia. H.R. 257: Mr. MAST. H. Con. Res. 13: Mrs. BROOKS of Indiana, H.R. 830: Mr. HECK. H.R. 303: Mr. WITTMAN, Mr. KIND, Mr. Mr. COFFMAN, Mr. DENT, Mr. BROOKS of Ala- H.R. 842: Mr. SWALWELL of California. EMMER, Mr. SMITH of Missouri, Ms. SINEMA, bama, Mr. YARMUTH, Ms. GRANGER, and Mr. H.R. 849: Mrs. BLACKBURN and Mr. HUDSON. Mr. HECK, Ms. KAPTUR, Mr. SCHRADER, Mr. YOUNG of Iowa. H.R. 867: Mr. YARMUTH. HIGGINS of New York, Mr. DAVID SCOTT of H. Con. Res. 26: Mr. FLORES. H.R. 870: Mr. WEBSTER of Florida. Georgia, Mr. LATTA, Mr. RUIZ, and Mr. H. Res. 28: Ms. ADAMS, Ms. HANABUSA, Mr. H.R. 886: Ms. SHEA-PORTER. COMER. COURTNEY, Ms. ROSEN, Mr. SCHRADER, Mr. H.R. 896: Mr. GRAVES of Missouri. H.R. 305: Mr. MICHAEL F. DOYLE of Pennsyl- CARBAJAL, Mr. WITTMAN, Mr. KHANNA, Mr. H.R. 898: Mrs. CAROLYN B. MALONEY of New vania, Mr. PASCRELL, Mr. TONKO, Ms. CLARKE BERA, Mr. LARSEN of Washington, Ms. EDDIE York and Mr. HIMES. of New York, and Ms. LOFGREN. BERNICE JOHNSON of Texas, Mr. MARINO, Mr. H.R. 902: Mr. AMODEI and Mr. MCGOVERN. H.R. 355: Mr. KING of New York and Mr. MEEKS, Mr. RUIZ, Mr. AL GREEN of Texas, H.R. 914: Ms. NORTON. MARINO. Mr. KEATING, and Mr. CUELLAR. IBERI OWDY IL H.R. 941: Mrs. HARTZLER. H.R. 367: Mr. T , Mr. G , Mr. W - H. Res. 31: Mr. CARBAJAL, Mr. KHANNA, Mr. SON LORES H.R. 947: Ms. FRANKEL of Florida. of South Carolina, Mr. F , and Mr. MCGOVERN, Mr. COSTA, and Mr. CUELLAR. RICE of South Carolina. H.R. 948: Mr. BUTTERFIELD. H. Res. 111: Ms. ROYBAL-ALLARD, Mrs. DIN- H.R. 371: Mr. NOLAN, Mr. RYAN of Ohio, Mr. H.R. 959: Mr. BLUMENAUER and Mr. GELL, and Mr. GOTTHEIMER. LARSEN of Washington, Mr. HASTINGS, Mr. LOEBSACK. H. Res. 132: Ms. SCHAKOWSKY, Mr. SOTO, Ms. COSTA, and Mr. KILDEE. H.R. 960: Mr. PERLMUTTER. ´ H.R. 389: Mr. BEYER, Mr. HECK, and Ms. H.R. 997: Mr. ADERHOLT, Mr. GRAVES of VELAZQUEZ, and Mr. PETERSON. HERRERA BEUTLER. Missouri, and Mr. BISHOP of Utah. H. Res. 145: Ms. GRANGER. H.R. 448: Ms. TITUS, Mr. GALLEGO, Ms. H.R. 1002: Mr. FITZPATRICK. H. Res. 154: Mr. RUSH, Mr. MOULTON, and MOORE, Ms. BROWNLEY of California, and Mr. H.R. 1006: Mr. RUSH. Mr. YARMUTH. TAKANO. H.R. 1010: Mr. BROOKS of Alabama. H. Res. 157: Mrs. DINGELL.

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Vol. 163 WASHINGTON, WEDNESDAY, MARCH 1, 2017 No. 36 Senate The Senate met at 10 a.m. and was after such a difficult election season. It wing regulations spun as one thing, but called to order by the President pro was great to see even my friend the that really do another; left-leaning tempore (Mr. HATCH). Democratic leader occasionally ap- laws that purport to help the middle f plauding the President last night. It is class, but that actually hurt middle- a reminder that we are all in this to- class families. PRAYER gether. A great example of that is The Chaplain, Dr. Barry C. Black, of- Yesterday, I laid out my hopes for his ObamaCare. Americans were promised fered the following prayer: address to Congress. I said that the that costs would go down, but, of Let us pray. middle class is ready for a new direc- course, they went up. Americans were God of wonder, beyond all majesty, tion after 8 years of disappointments. I promised more choice, but they got You are worthy of our praise. Today, said that we all knew what needed to less. Americans were promised that on this Ash Wednesday, the beginning get done, too—issues like simplifying they could keep their plans, but that of Lent, give us the wisdom to reflect taxes to create more jobs, reforming was a broken promise as well. on our mortality and to examine our regulations to get the economy mov- No wonder Americans were so tired lives. Use our Senators as ambassadors ing, and repealing and replacing of what they have seen over the last 8 of peace, reconciliation, and justice. ObamaCare to bring relief to the mid- years. They are ready for something May they work to remove malice, dle class. It was great to hear the entirely new. They are ready to start envy, revenge, deception, and bitter- President touch on each of those issues believing in the future again. The President made clear last night that he ness. last night. is ready to work with Congress on poli- Lord, inspire them with Your pres- It was also great to hear him talk cies that can actually move us forward. ence until their faith in You is visible about his outstanding nominee to the He will find many partners in Congress and contagious. May they bear witness Supreme Court, Judge Neil Gorsuch—a excited to get those things accom- to Your love even when their motiva- judge who has earned widespread ac- claim and who will be a worthy suc- plished. tions are misunderstood by their de- We share his commitment on other cessor to Justice Scalia on the High tractors. Give them the gifts of integ- issues he outlined too. We agree that Court. rity and authenticity in their relation- our children deserve better than failing Last night President Trump talked ships with You and with one another. schools. We agree that our veterans de- about a new spirit of optimism in our We pray in Your great Name. Amen. serve better than failing bureaucracy. f country. He talked about repositioning We agree that our brothers and moth- us for success, both at home and in a PLEDGE OF ALLEGIANCE ers and friends and neighbors deserve dangerous world. He talked about better than the scourge of heroin and The President pro tempore led the growing opportunity, better jobs, and a prescription opioid abuse. Pledge of Allegiance, as follows: thriving middle class. Then, he actu- In an era of divided government, Con- I pledge allegiance to the Flag of the ally put forward policies that could get gress took what action we could on United States of America, and to the Repub- us there. What a change from the last those issues. It was often significant lic for which it stands, one nation under God, 8 years. action, and we are all proud of it. But indivisible, with liberty and justice for all. He also outlined some of the actions we now have a chance to achieve even f he has already taken to move these pri- more. So, of course, we are excited orities forward. For instance, he took about the opportunity to improve the RECOGNITION OF THE MAJORITY action yesterday to send the so-called LEADER lives of the men and women who sent waters of the United States rule back us here. That is why we all signed up The PRESIDING OFFICER (Mr. COT- to the drawing board. He demonstrated for this job in the first place. TON). The majority leader is recog- that there are realistic ways to protect I am not just talking about Repub- nized. our Nation’s waterways without exces- licans. I know our Democratic friends f sive and duplicative regulations that have different ideas than us on many of infringe on the property rights of indi- these things. I know the far left is pres- PRESIDENT’S ADDRESS TO viduals. suring them to burn the place down be- CONGRESS Let me again commend him for pro- cause it can’t accept the results of last Mr. MCCONNELL. Mr. President, I tecting the middle class from yet an- year’s election. But everyone knows think we were all really pleased last other regulation based more on ide- that won’t get us anywhere at all. night to hear the President’s unifying ology than fact. It is just the type of Let’s remember that we have a his- message. It was refreshing for everyone thing Americans are so tired of—left- toric opportunity before us. We can

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S1509

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VerDate Sep 11 2014 04:32 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.000 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1510 CONGRESSIONAL RECORD — SENATE March 1, 2017 keep refighting the last election over and added about $500 to the mortgage the economic show. The Cabinet is and over and over, or we can heed the of every new homeowner. filled with bankers. The Cabinet is President’s message of unity last You can’t just talk the talk, Mr. filled with billionaires, not people who night. We can come together to accom- President. You have to walk the walk. feel for the average American. In fact, plish big things. We can pull down the On issue after issue, we haven’t seen if you add up the net wealth of his Cab- barriers of the past. We can uphold, in anything—or negative things for the inet, it has more wealth than one-third the words of the Democratic leader working class. of the American people total—close to himself, our ‘‘moral obligation’’ to We heard about infrastructure. A 100 million people. That is cleaning the ‘‘avoid gridlock and get the country to month ago, the Democrats put to- swamp? Give me a break. work again.’’ gether an infrastructure plan of $1 tril- The problem with the President’s Now, I know he said that just before lion. It was a strong plan. It has a lot speech is very simple: His actions don’t the election. I know he hoped the elec- of support throughout the country. match his words. His words in the cam- tion would turn out differently. But we Where is the President’s infrastruc- paign are not matched by his actions. each have a duty to accept the results. ture plan? We haven’t heard a peep His words in his inaugural speech are We each have a duty to bring the coun- about it. Some of his White House folks not matched by his actions, nor are his try together and to move it forward. leaked that we will not get to infra- words in his speech last night. That is now the challenge before our structure until next year. Mentioning It was so funny that he spoke to a Democratic friends. it in a speech—infrastructure—is not bunch of cosmopolitan news anchors, I ask them to meet the moment—to going to employ a single new worker. and he mentioned that maybe he will meet the moment. I hope they will be- What about trade? The President change his views on immigration. The cause the American people are count- talked about trade, putting America media got into a buzz about that. Then, ing on us all. They are ready for a new first. My views tend to be closer to the speech he gave was one of the most start. We are determined to work hard President Trump’s than they were to virulently anti-immigrant speeches on their behalf. As the President him- President Bush’s or President Obama’s that we have heard any President ever self said last night, so is he. on trade. Again, what we hear in the give. He is saying one thing, doing an- I suggest the absence of a quorum. speech and what the President actually other. The PRESIDING OFFICER. The does are contradictory. It is not the hypocrisy that bugs us, clerk will call the roll. Throughout his campaign, the Presi- although it is there. It is the fact that The senior assistant legislative clerk dent took an issue near and dear to my he is not helping middle-class America. proceeded to call the roll. heart and to the heart of Senator GRA- It is the fact that he is not making it Mr. SCHUMER. Mr. President, I ask HAM of South Carolina—China manipu- easier for more people to travel and get unanimous consent that the order for lating its currency. He had said over into the middle class because he seems the quorum call be rescinded. and over again in the campaign: On the to have governed from the hard, hard The PRESIDING OFFICER. Without first day I am President, I will sign an right. The hard right is very far away objection, it is so ordered. Executive order that labels China a from where the average American is. f currency manipulator. Mr. Mulvaney’s idea of a budget— They are. We know they manipulate maybe 10 percent of America, mostly RECOGNITION OF THE MINORITY their currency, and it has cost America ideologues, would support it. It is even LEADER hundreds of thousands, if not millions far away from where the average Re- The PRESIDING OFFICER. The of good-paying jobs and caused a load publican is. Yesterday, when the Presi- Democratic leader is recognized. of wealth to flow from our country to dent proposed his budget, we had one of f theirs. my colleagues on the Republican side This one didn’t require congressional saying it is dead on arrival. We had the PRESIDENT’S ADDRESS TO approval. This one didn’t require a sin- majority leader saying that you can’t CONGRESS gle Democrat to join in. All the Presi- cut the State Department foreign aid Mr. SCHUMER. Mr. President, before dent had to do was sign the order. We in half. He is far over, and that is hurt- I get into the substance of my remarks, are now 40 days into this administra- ing him and hurting us, hurting the I was listening to our Republican lead- tion. Not only has he still not signed American people. er talking about compromise—not that the order, but he is saying he may back The first 40 days have been a pretty he ever engaged in very much of it off. rough 40 days for President Trump. It when he was leader last year—but com- Last night, the President talked hasn’t worked out very well. Why? It is promise requires something to com- about research, wiping out rare dis- not because he hasn’t given a few good promise over. We have nothing from eases. Yet with the budget they pro- speeches. It is because he is governing the administration, nothing on infra- posed, given that they want to slash from the hard right. He is governing structure, nothing on trade, nothing domestic discretionary spending by far away from what the American peo- even on ACA. tens of billions of dollars and exempt ple want. He is governing way off to You want to sit down and talk? Let’s veterans and Homeland Security, there the extreme. see what your plans are. See if you can is no alternative to the fact that the A speech isn’t going to change that. get your own act together before you President in his budget, at the same A speech isn’t going to create one job are pointing the finger at Democrats. time he is talking about medical re- or one infrastructure plan or one trade The President’s speech—let me say search, is going to slash it. law that makes our trade laws, which this: This President’s speech was de- Education. He talked about the great need to be changed, fairer. No, no, it tached from this President’s reality. issue of education. The same thing: His takes action. Unfortunately, when the The President, in this speech and in so budget is going to slash education to President takes action, it is quite the many others, talks like a populist. He smithereens, hurting our students, opposite of what he says in the speech talks to the working people of America hurting our teachers, hurting our on the issues that affect the middle- and promises them things. When he schools. class and working-class people. governs, it is nothing like that at all. Perhaps the most hypocritical of all If President Trump does not change He is favoring the very powerful special was draining the swamp. That was one how he governs—how he governs, not interests, making their lives easier, of the President’s main themes when what speeches he gives—in the near fu- and putting more burdens on the backs he was President-elect: Drain the ture, then these 40 days, which have of the middle class and people trying to swamp. Look who is in his Cabinet. His been of tumult, of contradiction, of get to the middle class. Secretary of Treasury, his Secretary of turning one’s back on the working A metaphor for this was his speech at Commerce, and his NEC adviser are class, will be 6 months and then will be the inauguration. He gave a speech— from Wall Street. a year and then will be 2 years. also aimed at the working people—and Is this the same man who said that The problem with the Presidency within an hour after that, he signed an we are going to go after Wall Street if does not lie in the speeches the Presi- Executive order that helped the banks we get elected? Wall Street is running dent gives, even though I might object

VerDate Sep 11 2014 23:58 Mar 01, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.001 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1511 to a lot of the things he puts in them. Congressman ZINKE claims to be a ward to working with RYAN ZINKE in It lies in how he governs, and he is not conservationist, but he said he would his new role as the Secretary of the In- governing well. He is not governing revisit actions taken by the last ad- terior. down the middle. He is not governing ministration to use the Antiquities Act Serving at the helm of the Depart- in a way that lends itself to com- to permanently protect endangered ment of the Interior, I know he will be promise. We Democrats will continue places of cultural, tribal significance. a strong advocate for our public lands. to hold the President accountable. He claims to be a Roosevelt conserva- He will uphold the Federal trust re- That is our job. That is what the Con- tionist but pledged his support for the sponsibility to Indian tribes, and he stitution says we should do, and we Trump administration’s energy agen- will help unleash American energy and will continue until we see the Presi- da—once again, centered on efforts to will strengthen our water infrastruc- dent change his course in governing. expand drilling and mining on Federal ture. No speech is going to change that or af- lands and waters. A few big oil compa- I have heard all week some friends on fect that. nies would be made happy, but America the other side of the aisle speak against my good friend from Montana, f would lose a great resource that is an economic resource as well as a beau- RYAN ZINKE. I can tell you, I am per- NOMINATION OF RYAN ZINKE tiful natural resource. plexed. They are concerned that RYAN INKE Mr. SCHUMER. Mr. President, one I would say to Mr. ZINKE: You can’t Z may not uphold the important other issue is our nominee today, Mr. be a Roosevelt conservationist when roles of the Department of Interior— ZINKE. I want to spend a minute on you vote to make it easier to sell off and that is to protect the public inter- him. He is the nominee for Secretary of public lands. You can’t be a Roosevelt ests in land and mineral management— Interior. One of the most important conservationist when you support that he will take shortcuts to extract issues handled by the Interior Depart- opening up public lands to increased minerals. Let me tell you what RYAN ment is the stewardship of our national extraction and drilling. You are not ZINKE will do, and I have known RYAN ZINKE for 38 years. He will finally re- parks. These are some of the great na- much of a conservationist when you store balance to the use and manage- tional resources of our country. downplay the authority of the legisla- ment of Federal land. When my children were younger, my tion that allows the President to cre- wife and I would take them to national Do you know that in Montana we ate national monuments. have more recoverable coal than any parks, and we would go hiking. We In sum, Congressman ZINKE says he loved it. We so looked forward to going State in the United States? Yet the is a dyed-in-the-wool conservationist Obama administration had planned to out West. I remember the reward at the but doesn’t have the record to back it end of a big hike was a peanut butter block our ability, Montana’s ability, to up. That should concern every outdoor develop these resources. A moratorium and jelly . I probably wanted enthusiast, every lover of our great and it even more than my kids did. I loved is not a responsible policy. It is reck- grand national parks. less. It is misguided, leaving the States peanut butter and jelly. Unfortunately, because of his record, From Niagara Falls to the Erie and the tribes to be reliant on mineral I will vote no on Mr. ZINKE’s nomina- royalties, to lose out on these reve- Canalway, to places like Seneca Falls, tion. I urge my colleagues to do the Stonewall, and Ellis Island, my dear nues, and lose out on the good-paying same. jobs that coal supports. RYAN ZINKE State of New York is home to some of I yield the floor. our country’s most famous national will take a fresh look at our coal pro- parks and monuments. They are places f grams and see how we can access these untapped resources in an environ- I have visited and treasured my whole RESERVATION OF LEADER TIME life. I have been concerned in recent mentally responsible way. The PRESIDING OFFICER. Under Let me remind my colleagues that years about the reluctance on the the previous order, the leadership time RYAN ZINKE was born and raised in other side of the aisle to properly care is reserved. Montana. It is a State where we like to for these great national beauties, these f say we get to work where we also like great national resources. Currently, to play. He will restore that balance to there is a $12 billion maintenance CONCLUSION OF MORNING the Department so Montanans can gain backlog for our national parks. Our Re- BUSINESS better access to our public lands. publican majority has not seen fit to The PRESIDING OFFICER. Under He will also ensure our public lands address them. work for those who live closest to Now, adding insult to injury, the new the previous order, morning business is closed. them, and that means our States and administration’s hiring freeze across our tribes. RYAN is a Montanan. He Federal agencies has already affected f grew up in America’s public lands. He parks like the Women’s Rights Na- EXECUTIVE SESSION grew up in the shadows of Glacier Na- tional Historic Park in Seneca Falls, tional Park. I grew up in the shadows which I have visited many times. It has of Yellowstone National Park. He had to cancel tours due to insufficient EXECUTIVE CALENDAR knows we must strike this balance be- funding. tween conservation and responsible en- Most troubling, our Republican col- The PRESIDING OFFICER. Under ergy development, and he understands leagues want to make it easier to sell the previous order, the Senate will pro- better than anybody I know that one- off or give away public lands and ex- ceed to executive session to resume size-fits-all policies of Washington, DC, pand the footprint of the oil and gas in- consideration of the following nomina- never work for real America. dustries on public lands—as usual, tion, which the clerk will report. I look forward to voting for my helping those narrow special interests, The senior assistant legislative clerk friend, my colleague, a Navy SEAL for hurting the average American. That read the nomination of RYAN ZINKE, of 23 years, and our next Secretary of the seems to be the trademark of this ad- Montana, to be Secretary of the Inte- Interior, RYAN ZINKE. ministration, which our friends on the rior. Mr. CARDIN. Mr. President, I will other side of the aisle are happily going Under the previous order, there will vote against confirming Representa- along with. now be 20 minutes of debate, equally tive RYAN ZINKE as Secretary of the In- That is the context in which I ap- divided. terior, and I would like to take this op- proach Congressman ZINKE’s nomina- The Senator from Montana. portunity to explain why. To put the tion. He claims to be a conservationist Mr. DAINES. Mr. President, what a matter succinctly, Representative in the spirit of Teddy Roosevelt, a historic day for Montana. As a fellow ZINKE—if he is confirmed—will be great New Yorker. He has dem- Montanan, as a member of the Senate charged with implementing the Trump onstrated support for rules, however, Committee on Energy and Natural Re- administration’s ‘‘energy independence that would make it easier to sell off sources and Senate Appropriations plan,’’ which includes maximizing en- public lands. It is the opposite of what Subcommittee on Interior, Environ- ergy production on Federal lands, in- Teddy Roosevelt wanted. ment, and Related Agencies, I look for- cluding the outer continental shelf,

VerDate Sep 11 2014 23:58 Mar 01, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.002 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1512 CONGRESSIONAL RECORD — SENATE March 1, 2017 OCS. I oppose oil and gas drilling off ‘‘Theodore Roosevelt conservationist’’ proper payment for use of common re- the coast of Maryland and the entrance and supports a permanent reauthoriza- sources. Preventing methane leakage to the Chesapeake Bay. There is too tion of the Land and Water Conserva- on public lands stops waste of re- little to gain and too much to lose. tion Fund. sources and pollution from a potent Last November, the Bureau of Ocean It is possible Representative ZINKE greenhouse gas. Energy Management, BOEM, wisely did will try to resist the Republicans’ zeal Representative ZINKE’s history in not include any parcels in the Atlantic for transferring ownership of precious Congress casts doubt on his commit- in the 2017 to 2022 plan to lease offshore public lands from the Federal Govern- ment to these important initiatives. He land the Federal Government controls. ment, although he supported a House has a mere 3 percent lifetime score In December, then-President Obama rule change at the beginning of this from the League of Conservation Vot- used his authority under section 12(a) Congress to make it easier. Represent- ers and an F grade from the National of the 1953 Outer Continental Shelf ative ZINKE is an avid sportsman who Parks Action Fund. I appreciate that Lands Act of 1953 to withdraw unleased appears to appreciate the unique role he has spoken in opposition to the sale OCS lands from future lease sales, too. the Federal Government has in man- or transfer of public lands to States, This makes sense. According to aging these resources for multiple but I am deeply concerned about his BOEM, the entire Atlantic OCS, from uses—not just energy production—and vote in January in the House of Rep- Maine all the way to Florida, has 1.15 preserving them for future generations. resentatives for a rule change that billion barrels of ‘‘undiscovered tech- While these are all positive factors, I would make sales and transfers much nically recoverable’’ oil and 12.80 tril- am troubled that Representative ZINKE easier. lion cubic feet of ‘‘undiscovered tech- has received a 3 percent rating from As the Sierra Club has said: ‘‘Rather nically recoverable’’ natural gas. These the League of Conservation Voters. He than dedicating himself to the preser- sums sound large, but let’s put them in has vacillated on the issue of climate vation of our public lands, Representa- context. The Gulf of Mexico OCS has change: in 2010, he was one of nearly tive Zinke has repeatedly sided with more than 40 times as much oil and 10 1,200 State legislators who signed a let- those who would dismantle, degrade, or times as much natural gas. ter to President Obama and Congress dispose of them. Mining, drilling, log- Meanwhile, the U.S. Geological Sur- calling for ‘‘comprehensive clean en- ging, and dirty energy interests have vey, USGS, recently determined that ergy jobs and climate change legisla- been placed time and again before the the midland basin of the Wolfcamp tion.’’ Since then, however, he has re- public interest’’ Shale area in the Permian Basin has 20 peatedly expressed doubt about anthro- In an op-ed opposing a Department of billion barrels of oil and the natural pogenic climate change. In an October the Interior rule to update coal leasing gas equivalent of another 1.6 billion 2014 debate, Representative ZINKE stat- to get better value for American tax- barrels. The oilfield stretches over 118 ed: ‘‘it’s not a hoax, but it’s not proven payers, Representative ZINKE said that miles from Lubbock to Midland. It is science either.’’ During his confirma- the Obama administration was ‘‘fight- the largest ‘‘continuous oil’’ discovery tion hearing, Representative ZINKE ing a more aggressive war against in the United States, according to the said that humans ‘‘influence’’ climate American coal than they are against USGS, three times larger than the as- change, but did not acknowledge the ISIS.’’ This kind of hyperbole does not sessment of the oil in the mammoth scientific consensus that human activ- bode well for Representative ZINKE’s Bakken formation in North Dakota. ity is a dominant cause of climate ability to represent American tax- It doesn’t make any sense to jeop- change. He also supports using the payers or promote conservation as Sec- ardize the marine life and the fishing Congressional Review Act to overturn retary of the Interior, should he be and tourism industries along the Mary- rules agencies have spent months and confirmed. land coast and Chesapeake Bay when even years to develop. In his nomination hearing, Rep- there is so much more oil and gas in For all of these reasons, but particu- resentative ZINKE pledged to support other parts of the country. larly out of concern for the Chesapeake Federal public lands, permanently re- Deepwater Horizon was a state-of- Bay and Maryland’s beautiful shoreline authorize the Land and Water Con- the-art rig, but it failed, causing the and coastal communities, I will vote servation Fund, and address the Na- largest oil spill in U.S. waters. Eleven against confirming Representive ZINKE tional Parks maintenance backlog. crewman were killed. An oil spill en- as Secretary of the Interior. These are important promises from any tering the Chesapeake Bay would be a Mr. VAN HOLLEN. Mr. President, I nominee for the Department of the In- disaster. oppose the nomination of Representa- terior. Unfortunately, Representative An even bigger threat to Maryland tive RYAN ZINKE to be Secretary of the ZINKE’s voting record does not give me and other coastal States is climate Interior. confidence in his commitment to fulfill change and rising sea levels. We need The Department of the Interior is them, and therefore I must vote to accelerate our transition from fossil charged with judicious management of against his nomination today. I am fuels, not our dependence on them. Two our Nation’s public lands. It is respon- proud to be a member of the Appropria- years ago, Oceana concluded that mod- sible for balancing conservation, recre- tions Subcommittee on Interior, Envi- est levels of offshore wind development ation, and development to ensure that ronment, and Related Agencies, and if over the next 20 years could produce Americans get the best use and best he is confirmed, I look forward to about twice the amount of energy value from our collective natural re- working with him to protect our public along coastal Atlantic States as off- sources. lands and ensure that American tax- shore drillings and create more than 1.5 President Teddy Roosevelt, one of payers get a fair deal for our common times the number of jobs. the greatest stewards of our public resources. There is no provision in the 1953 law lands, once said: ‘‘I recognize the right Mr. DAINES. I yield back the time that permits President Trump to re- and duty of this generation to develop on both sides. verse the Obama administration’s sec- and use the natural resources of our The PRESIDING OFFICER. Without tion 12(a) OCS withdrawals, but he is land; but I do not recognize the right objection, it is so ordered. determined to try. When Representa- to waste them, or to rob, by wasteful The question is, Will the Senate ad- tive ZINKE was first asked about lifting use, the generations that come after vise and consent to the Zinke nomina- the moratoria, he responded, ‘‘If I am us.’’ tion? confirmed, I will work to implement The Obama administration took im- Mr. DAINES. Mr. President, I ask for President-elect Trump’s policy.’’ portant steps to protect our resources the yeas and nays. That is the problem right there. and provide best value to taxpayers. The PRESIDING OFFICER. Is there a I appreciate Representative ZINKE’s Taking Atlantic Ocean drilling off the sufficient second? honorable service to our country, both table protects our coastal areas and There appears to be a sufficient sec- in uniform as a Navy SEAL and as an the vital tourism industry up and down ond. elected official in the Montana State the Eastern Shore, including Ocean The clerk will call the roll. Senate and the U.S. House of Rep- City. Modernizing the coal leasing The senior assistant legislative clerk resentatives. He has called himself a process ensures that taxpayers get called the roll.

VerDate Sep 11 2014 00:51 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.003 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1513 Mr. CORNYN. The following Senator High School and another junior from Inhofe Murkowski Shelby is necessarily absent: The Senator from Whitefish High School, both headed to Johnson Paul Strange Kennedy Perdue Sullivan Georgia (Mr. ISAKSON). Dillon, MT, as Boys State delegates. King Portman Tester The PRESIDING OFFICER (Mr. SUL- The keynote speaker that year was a Lankford Reed Thune LIVAN). Are there any other Senators in newly elected U.S. Senator named Max Lee Risch Tillis Manchin Roberts the Chamber desiring to vote? Baucus. Who knew that 38 years later Toomey McCain Rounds Warner McConnell Rubio The result was announced—yeas 68, the kid from Bozeman would serve as a Wicker Menendez Sasse nays 31, as follows: U.S. Senator and the kid from White- Young Moran Scott [Rollcall Vote No. 75 Ex.] fish would be our next Secretary of the YEAS—68 Interior. NAYS—37 Baldwin Harris Peters Alexander Flake Nelson Congratulations to RYAN ZINKE, our Bennet Hassan Sanders Barrasso Gardner Paul new Secretary of the Interior, who was Blumenthal Heinrich Bennet Graham Schatz Perdue confirmed with very strong bipartisan Booker Hirono Blunt Grassley Schumer Portman support. He is the first Montanan to Cantwell Kaine Boozman Hatch Shaheen Risch Casey Klobuchar Brown Heinrich serve in a President’s Cabinet since our Stabenow Roberts Coons Leahy Burr Heitkamp statehood in 1889. Udall Rounds Cortez Masto Markey Capito Heller Van Hollen Rubio RYAN, it is truly an honor to be one Duckworth McCaskill Cassidy Hoeven Warren Sasse Durbin Merkley Cochran Inhofe of the very first to call you Secretary Whitehouse Scott Feinstein Murphy Collins Johnson ZINKE. On behalf of the people of Mon- Wyden Shelby Franken Murray Coons Kaine tana and our country, well done, sir. Gillibrand Nelson Corker Kennedy Strange Sullivan I yield back my time. Cornyn King NOT VOTING—1 Cortez Masto Lankford Tester Mr. CRAPO. Mr. President, it is my Cotton Lee Thune understanding that there is no one else Isakson Crapo Manchin Tillis who wants to speak on either side. So The PRESIDING OFFICER. On this Cruz McCain Toomey Daines McCaskill Udall at this time, I yield back all time on vote, the yeas are 62, the nays are 37. Donnelly McConnell Warner both sides. The motion is agreed to. Enzi Moran Wicker The PRESIDING OFFICER. Without f Ernst Murkowski Wyden objection, it is so ordered. Fischer Murphy Young EXECUTIVE CALENDAR Pursuant to rule XXII, the Chair lays NAYS—31 before the Senate the pending cloture The PRESIDING OFFICER. The Baldwin Gillibrand Reed motion, which the clerk will state. clerk will report the nomination. Blumenthal Harris Sanders The legislative clerk read as follows: The legislative clerk read the nomi- Booker Hassan Schatz nation of Benjamin S. Carson, Sr., of Cantwell Hirono CLOTURE MOTION Schumer Florida, to be Secretary of Housing and Cardin Klobuchar Shaheen We, the undersigned Senators, in accord- Carper Leahy Stabenow Urban Development. Casey Markey ance with the provisions of rule XXII of the Van Hollen Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The Sen- Duckworth Menendez Warren ator from Idaho. Durbin Merkley move to bring to a close debate on the nomi- Whitehouse Feinstein Murray nation of Benjamin S. Carson, Sr., of Flor- Mr. CRAPO. Mr. President, I applaud Franken Peters ida, to be Secretary of Housing and Urban my colleagues for voting in favor of NOT VOTING—1 Development. cloture on the nomination of Dr. Ben- Mitch McConnell, Johnny Isakson, Jeff jamin Carson to be the next Secretary Isakson Flake, Steve Daines, James Lankford, of the Department of Housing and The nomination was confirmed. Roger F. Wicker, Dan Sullivan, Thom Urban Development. Mr. MCCONNELL. Mr. President, I Tillis, Rob Portman, John Thune, John On January 12, the Senate Banking Hoeven, Deb Fischer, James M. Inhofe, move to reconsider the vote on the Committee held its confirmation hear- nomination, and I move to table the Tim Scott, Lindsey Graham, Jerry Moran, Pat Roberts. ing, and Dr. Carson responded to ques- motion to reconsider. tions and concerns thoroughly and The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The thoughtfully. Dr. Benjamin Carson was imous consent, the mandatory quorum question is on agreeing to the motion unanimously reported out of the Sen- call has been waived. to table. ate Banking Committee on January 24. The question is, Is it the sense of the The motion was agreed to. To many Americans, Dr. Carson Senate that debate on the nomination f needs no introduction; however, his im- of Benjamin S. Carson, Sr., of Florida, pressive resume bears repeating. Dr. CLOTURE MOTION to be Secretary of Housing and Urban Carson was raised by a single mother Development shall be brought to a The PRESIDING OFFICER. Under in an impoverished part of the city of close? the previous order, there will now be 10 Detroit. He attended Yale University The yeas and nays are mandatory minutes of debate equally divided. and the University of Michigan Med- under the rule. The Senator from Idaho. ical School and later became a highly The clerk will call the roll. Mr. CRAPO. Mr. President, it is an accomplished and respected neuro- The legislative clerk called the roll. honor for me to recommend again Dr. surgeon. Dr. Carson was named direc- Carson as the Secretary of HUD. Dr. Mr. CORNYN. The following Senator tor of pediatric neurosurgery at Johns Carson brings a fresh set of eyes to is necessarily absent: the Senator from Hopkins Hospital in 1984, at the age of every issue and every problem he faces, Georgia (Mr. ISAKSON). 33—the youngest such director in the and he has an incredible record of suc- The PRESIDING OFFICER. Are there Nation. cess and of achieving outstanding re- any other Senators in the Chamber de- He gained national fame in the 1980s sults. We look forward to his bringing siring to vote? by becoming the first doctor to lead an that same kind of analytical mind and The yeas and nays resulted—yeas 62, operation that separated twins who management to the Department of nays 37, as follows: were conjoined at the head—one of Housing and Urban Development. [Rollcall Vote No. 76 Ex.] many high-profile operations led by Dr. I don’t think there is a better pick YEAS—62 Carson. He also ran for President this that could have been made. I urge my Alexander Cochran Ernst past election and spent months trav- colleagues to support this motion to Barrasso Collins Fischer eling the country, listening to the invoke cloture. Blunt Corker Flake Boozman Cornyn Gardner American people about the problems I yield the remainder of our time to Brown Cotton Graham and the issues they face with respect to the Senator from Montana. Burr Crapo Grassley housing. CONFIRMATION OF RYAN ZINKE Capito Cruz Hatch During his testimony before our com- Cardin Daines Heitkamp Mr. DAINES. Mr. President, back in Carper Donnelly Heller mittee, Dr. Carson highlighted his 1979, there was a junior from Bozeman Cassidy Enzi Hoeven commitment to carrying forth the

VerDate Sep 11 2014 00:51 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.001 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1514 CONGRESSIONAL RECORD — SENATE March 1, 2017 mandate of HUD and to learning more PRESIDENT’S ADDRESS TO CONGRESS the angst many Americans had felt and from the people who are directly af- Mr. President, I want to comment the gratification now, as they feel like fected by HUD policies. He has also re- briefly on last night’s address by Presi- they have somebody who believes in ceived bipartisan letters of support dent Trump to a joint session of Con- what they believe and will not leave from four former HUD Secretaries— gress. them on the sidelines. Henry Cisneros, former Senator Mel I think it is safe to say that the I believe what President Trump rep- Martinez, Alphonso Jackson, and Ste- President had an extraordinary night resents is an antidote to what many ven Preston—who served under both last night. This is not just a view from people saw as wrong with Washington, Republican and Democratic adminis- a partisan, but, I think, on a bipartisan DC. While it is true that President trations. basis, people were enormously im- Trump has never held public office be- He has said he plans to continue his pressed by the vision the President laid fore—by all accounts, he is an uncon- conversation with the American people out. ventional political leader—last night, and do a listening tour if confirmed. I have had some private conversa- we heard he will work with all of us to This is an encouraging sign that Dr. tions with colleagues on the floor, who actually do something about the con- Carson wants to hear from stake- have said to me, in essence, that this is cerns of hard-working American fami- holders and, more importantly, from an unusual and unconventional Presi- lies. He will usher in a new era of re- the American people. dent but one who is clearly interested newed confidence in what the Amer- There are many HUD issues to be ad- in making progress for the American ican people can accomplish together as dressed. Once confirmed, we can begin people. He laid out a broad, welcoming we enter into, as he put it, a time of working on several important issues vision of some of the things he wants national rebuilding. under HUD’s jurisdiction. Streamlining to accomplish, but he did so in a way This is about restoring faith in the requirements for local public housing that welcomed Democrats and bipar- American dream. My parents were part authorities, revising certain public tisan support to help make that of the ‘‘greatest generation’’—of those housing programs, and strengthening progress for the American people. I who fought in World War II, who pre- financing for small and rural affordable think they were somewhat surprised served America and a great future for housing developments are areas that but gratified to hear the President their children and grandchildren. It should be addressed. Tackling home- make those sorts of remarks, and I sickens me, when I read public opinion lessness, especially among our Nation’s congratulate President Trump for polling, that too many people today veterans, is another issue that is im- doing it. say they do not see that better life— portant to me and should be addressed. Basically, he articulated an opti- more secure, more prosperous—for It is critical that HUD allow local mistic vision and a new direction for their children and grandchildren in the communities to craft solutions that the country. This election, like the future. What they are saying, in es- work best for their needs. There has election back in 2008, was a change sence, is that we are losing faith in the been bipartisan interest in several of election. We have those every now and American dream. I think what Presi- these reforms over the years, and I am then. After one party is in power for 8 dent Trump talked about last night is confident we can make progress once years, frequently, people say: We would a renewed faith and a renewed commit- Dr. Carson is confirmed. like to try something different. We ment to the American dream, which Dr. Carson has consistently dem- would like a change election. means some sacrifice on the part of the onstrated a commitment to improving We had a true change election in 2016. present generation, not just in spend- the lives of his fellow Americans, and The American people made clear that ing money we do not have and in his intellect, leadership, and life expe- they wanted to get back in the game racking up debt we will never repay riences are unique, valuable assets for when they elected President Trump in and that our children and grand- leading an agency like HUD. November—by that I mean in terms of children will be saddled with. I urge my colleagues to vote in sup- our American prosperity, our American Just as one example, President port of Dr. Carson’s nomination so we strength, our American leadership in Trump talked about taking on this can continue the great work of improv- the world. President Trump talked tepid economic recovery he inherited ing America’s housing system. about a new national pride and of culti- and turning it into a jobs machine that Senator CORNYN very graciously gave vating a surge of economic security grows our economy for everyone. This me his time, which he was lined up to across the country. I think, at bottom, is an optimistic message, as many have take first. He has asked if he could his speech was a message about con- noted—it is Reaganesque, really, in its take his time at this point. fidence—confidence in the American tone—in its talking about building the Mr. President, I ask unanimous con- people, confidence in our economic sys- American economy and reestablishing sent that Senator CORNYN be next al- tem, which has lifted more people out America’s leadership role in the world. lowed to speak. of poverty than has any other system I know it is just one indicator. The PRESIDING OFFICER. Without the world has ever known, confidence If you want to look at some objective objection, it is so ordered. that, unfortunately, had been lost dur- measure of the American people’s The majority whip. ing the Obama years that focused so hopefulness and optimism about the fu- Mr. CORNYN. Mr. President, the much on self-doubt and America’s role ture, all you need to do is to look at Chamber is too slowly moving forward in the world—retreating from that the stock market, as it has gone up 10 on the President’s Cabinet nominees. role—unfortunately, leaving a void percent since President Trump was So far, this Chamber has confirmed 16 that has been filled, all too eagerly, by sworn in and closed at a record high for Cabinet nominees since January 20. I tyrants, dictators, and thugs, like the 12th day in a row—a record that would note that the most recent nomi- Vladimir Putin, for example. goes back to 1987. To me, that is saying nee, Secretary ZINKE, was confirmed by It is also true that this President was that the markets and the American a vote of 68 to 31 and that Wilbur Ross, elected because, for too long, many people are hopeful about what might be Secretary of Commerce, was confirmed people in this country had felt left out accomplished together under this ad- by a vote of 72 to 27. and felt like they just were not a part ministration. Why have we burned 5 weeks of this of the conversation we were having One of the things we heard last night, new administration and denied the here about the great issues of the day. as well, is a reflection of what Vice President the staff and the help and Many felt sidelined, even alienated, by President PENCE has told us in private the team he needs in order to lead the irrelevant policy debates that had gatherings—I have heard him say it in country? It makes no sense whatso- nothing to say to their quality of life public gatherings as well—which is ever. in America. Many believed they truly that the administration is in the I, once again, implore our friends on didn’t have a seat at the table. ‘‘promise-keeping business.’’ Keeping the other side of the aisle to stop the President Trump’s message through- your promises is important. How are foot-dragging and the delay for delay’s out the campaign and now—about 5 you going to maintain the public’s con- sake and to let the President have his weeks into his new administration—re- fidence when people say one thing Cabinet. flects, I think, the frustration and even when they are campaigning, and then,

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.010 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1515 once they are sworn into office, they safer, and more economically vibrant ten to our Republican Governor, who forget about those promises and move nation. That is something we all want admonishes colleagues here: Don’t re- on? I am grateful this administration and something we should all work to- peal the Affordable Care Act unless you believes in the importance of keeping gether to achieve. have a way to take care of 700,000 Ohio- promises. As I said, as we go forward, I hope ans who have lost their insurance We have already seen the President our friends on the other side of the under Medicaid; not to mention 100,000 keep his promises to help rein in over- aisle look at the bigger picture. I have who will lose their insurance who are reaching regulations; his commitment been here long enough to experience on their parents’ health plan; not to to reforming the Tax Code, which he when people run for election—like mention 100,000 who are on the ex- talked about last night, so that the many will do in 2018—and have no changes; not to mention 100,000 seniors economy can grow again and we can all record of accomplishment to point to. I who are saving $1,100 on their prescrip- benefit; and his commitment to repeal- believe the Presiding Officer knows tion drugs a year; not to mention 1 ing and replacing the failed experiment what I am talking about. Growing our million Ohio seniors who get free, no of ObamaCare. All of these, he reiter- economy and protecting our homeland copay, no deductible osteoporosis and ated, he has begun to work on, and he should be bipartisan. It should be non- diabetes screenings and physicals and has actually committed to seeing them partisan. And, as the President men- all the things the Affordable Care Act through to completion. These just tioned, now is the time to come to- gives them. They offer no proposals to aren’t talking points, these are prom- gether to unify as Americans to make replace any of those services. They ises he has already begun delivering on. our country stronger. talk about State lines, and they talk I am personally grateful—and I am I hope all of our colleagues will join about health savings accounts, and sure the Presiding Officer is as well— together, including our Democratic they talk about tort reform. That is that he has also reprioritized our na- friends, to let us get to the work of leg- like this many people compared to this tional security. National security is islating, to let us get off of this ex- many people. They know that. Yet I just not one on a cafeteria plan that we tended foot-dragging timetable on con- still hear this talk of obstructionism. can kind of walk into and say: I will firming the President’s nominees for Give us stuff. Give us legislative pro- take a little of this and a little of that. his Cabinet, especially when we are posals. National security is the No. 1 priority seeing votes like we saw on Mr. ZINKE The assistant majority leader started for the Federal Government. No one and Mr. Ross—68 to 31, 72 to 27. There off by talking about I guess a slow- else can do that. At a time when our is no rationale for delaying those con- walk of nominees. Now, I am the rank- country faces innumerable threats firmations when our Democratic col- ing Democrat, and my friend Senator from all around the world, including leagues are voting to confirm them. We CRAPO is now the chairman of the com- terrorism here at home, I appreciate mittee. He was not chairman then, and the fact that the President is com- could have done this on January 20. Mr. President, I thank my friend he is not mostly responsible for this. mitted to doing what it takes to re- from Ohio for his courtesy. But I am on the Banking Committee, store our national security, to protect I yield the floor. and last year, with a Democratic Presi- our borders, and to restore the rule of The PRESIDING OFFICER. The Sen- dent—I don’t want to look back and do law. ator from Ohio. tit-for-tat. It is not about that. It is I think it is just as simple as this Mr. BROWN. Mr. President, I rise in about moving the country forward. But President is committed to getting back support of Dr. Carson for Secretary of last year—what was it—25 to 30 nomi- to the basics of governing. He is doing Housing and Urban Development. How- nees came from the President. Some what he said he would do, and I find ever, I just can’t resist, as I listened to were very significant, including the Ex- that reassuring, together with the out- my friend Senator CORNYN—and I do port-Import Bank. Some were Federal standing Cabinet members he has se- like and respect Senator CORNYN, and I Reserve. Some of them were inspectors lected to serve with him in his admin- do mean that. It is always said here, general, and most people don’t quite istration. What America needs and what my but I actually do. I am just amused by know what they do. But all nominees, constituents in Texas call, write, and the term ‘‘obstructionism.’’ This Presi- more than 25, more than two dozen ask me about all the time is a way for- dent was 100 yards down the hall speak- nominees—1 of them was confirmed by ward that delivers security to our peo- ing last night and still hasn’t put any the Senate last year, 1 of 28 or so in our ple, encourages prosperity for every- legislative proposals forward—nothing committee, and he was confirmed in one, and instills confidence in the job on immigration except Executive or- December, in the 24th month of the 2- creators and investors so we can enjoy ders; nothing on infrastructure even year term. So don’t lecture us about a new era of prosperity for all of our though Democrats have followed the people slow-walking and obstruc- people. four corners, if you will, of his pro- tionism and all of that. There were I am confident President Trump, in posal, $1 trillion over 10 years—put ink more than 25 nominees, and 1 of them working closely with Congress, can de- to paper and actually written a real was confirmed. SEC, Securities and Ex- liver on these and many more promises plan that includes public transit, that change Commission, didn’t move; Fed- he has made to the American people. It includes highways and bridges and eral Reserve, didn’t move; the public is obvious to me, from his comments water and sewer and housing and air- transit administrator, didn’t move— last night, that he is welcoming and in- ports and ports and all of the things we one after another after another. The viting our Democratic colleagues to do in doing it right on infrastructure, Under Secretary for Terrorism and Fi- stop the resistance—to stop the ob- on public works. So we are all still nancial crimes didn’t move. Even struction—and to actually come join us waiting. though he was originally a Bush nomi- in helping to move the country for- The President has made a lot of nee and then was promoted in the ward. I find that refreshing and wel- speeches. Last night he was not as Obama years, he didn’t even come to a come, as I hope some of our colleagues combative as usual. That was welcome. vote because of whatever reason the will who still haven’t quite gotten over I think we all, as Senator CORNYN said, Banking Committee gave us. So we the election on November 8 and the applauded that. But we are still look- don’t need that lecture. constituents they have who feel they ing for substance. We are looking for But more important, on these nomi- are still in a protest mode. There is a one bill. Repeal and replace the Afford- nees, we all know the history. When I time for competing in elections, and able Care Act—what does that mean? look at criticism and hear ‘‘Why aren’t then there is a time for governing. He still hasn’t given us anything spe- these nominees all passed?’’ let’s look That takes all of us, as adults who care cific. They have been voting on replac- at about 6 or 8 months ago. Every Pres- deeply about our country, working to- ing and repealing the Affordable Care idential candidate, until this last elec- gether on a bipartisan basis to try to Act for more than a decade, but they tion, starts to put together a transition find common ground and move the still don’t have a plan. team in August, and President American people’s agenda forward. If we listen to the Governor from my Trump—Candidate Trump began to do I look forward to working with the home State, the State where the Pre- that but not with much seriousness. President to make America a stronger, siding Officer grew up—they should lis- Then the person he had leading his

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My colleagues and I on the sistance program helped 4.5 million After that, he didn’t really vet, he Banking Committee asked Dr. Carson low-income families, the elderly, and didn’t really analyze, he didn’t really several very direct questions about his people with disabilities find a place to look at the backgrounds of these nomi- views now that he is the nominee for call home—something that should be a nees. So if they didn’t do it—usually Secretary of HUD. I will give Carson right in this country. the President’s people look at these the benefit of the doubt—that is why I HUD has assisted cities and towns in nominees and analyze and see how cor- will vote for him—because he made their efforts to revitalize neighbor- rupt they are, if they have conflicts of commitments to me in person, sitting hoods and invest in communities and interest, all of that. Well, they didn’t in my office, across the table, and he promote lead-safe, healthy housing for do that in this administration because made commitments in the Banking, children. There is still a great chal- apparently they didn’t have time. So Housing, and Urban Affairs Committee lenge in States like mine where there they nominated these people, and we in his testimony and in his written re- is deteriorating lead paint in old homes have never seen this many conflicts of sponses. that threaten so many children. In my interest, we have never seen this kind Dr. Carson promises to address the hometown of Cleveland and where I of wealth, and we have never seen this scourge of lead hazards that threaten grew up in Mansfield and in Appalachia many billionaires appointed to the the health and the future of children in and in city after city and community Cabinet. Ohio and nationwide. after community in my State, there Just out of the Finance Committee, Under oath, he pledged to uphold the are lots of older homes. In the city of the Secretary of Health and Human Fair Housing Act and the housing Cleveland, well over half the homes are Services bought and sold health care rights of LGBTQ individuals. That at least 60 years old. stocks of companies—on the floor of wasn’t what his past has been. He has I asked somebody from the Cleveland the House of Representatives, he was made comments that I find offensive or health department: What percentage of working on bills and amendments; yet worse about gay people in this country, those homes have toxic levels of lead? he bought and sold hundreds of thou- but he made the commitment under And he said 99. Understand that old sands of dollars’ worth of health care oath to our committee that he would homes in this country—homes that are stock, and then he didn’t tell the com- fight any discrimination against people 60, 70, 80 years old—many homes fall mittee the full story. because of their sexual orientation. into that category, and they over- The Secretary of the Treasury had a He has pledged to advocate for rental whelmingly have toxic levels of lead. $100 million investment he forgot to re- assistance and investment to end My support for Dr. Carson centers port. Maybe somebody out there would homelessness. He has pledged to push around the fact that he may not know forget if they had a $100 million invest- to include housing in the President’s much about housing policy yet—I am ment. They might forget they had it, infrastructure plan. hopeful that in the tours he takes, in- but most Americans wouldn’t forget Those are commitments he made. cluding to my State and the chair- that. He lied to the committee. He lied Those are commitments he made under man’s State of Idaho—I hope and I as- to the committee about robo-signings. oath. Those are commitments I will sume he will learn more about housing, Hundreds of—and this was directly re- hold him to in spite of perhaps his but one thing he does know as a brain lated to this nomination—hundreds of prior philosophy of government and in surgeon is he knows what lead does to Ohioans, at least, maybe thousands, spite of perhaps some of his comments the development of children. lost their homes—including in the Pre- he might have made in the past. My job The Cleveland Plain Dealer reported siding Officer’s home city where he is to hold him accountable for this. The 70 census tracts in Cuyahoga County grew up—because of these robo- job of everybody in this Senate, of both where as many as one in three children signings. parties, is to hold him accountable. are poisoned because of the age and the So that is why this has been slowed Dr. Carson’s responses to my ques- condition of the housing stock. One in down—because many of these nominees tions for the record are available as three children has her or his physical are unqualified for the jobs, many of part of the record of the Banking Com- and emotional and mental development them have conflicts of interest, and mittee’s January 12, 2017, hearing on sometimes arrested or slowed because many of them have very complex fi- the nomination of Dr. Carson to be of lead poisoning. nancial holdings and portfolios that Secretary of the U.S. Department of Through the Federal Housing Admin- take a long time to sort through. That Housing and Urban Development. I istration, HUD works with lenders to is the reason for the delay, and to ac- have also made them available online help creditworthy borrowers access cuse us of anything else is just playing as part of my statement on the Bank- stable mortgage credit so they can pur- politics. ing Committee’s approval of Dr. Car- chase a home. FHA played a central As I said, I am here today to argue son’s nomination on January 24, 2017. countercyclical role in providing mort- for the confirmation of Dr. Carson. My statement and the link to the gage credit following the financial cri- I voted for a number of these nomi- questions for the record are available sis when the private sector largely nees when I thought they could offer on the Banking Committee’s website at withdrew from the field, as we remem- something to our country. I voted http://www.banking.senate.gov/public. ber. It has since receded into its typ- against some of the most corrupt and Mr. President, as the ranking mem- ical share of the housing market. It is some of the most out-of-step and some ber of the Banking Committee—and I still essential, though, for home buy- of the most far-right, radical nominees, would emphasize the committee—while ers, including many first-time and mi- and that list is, unfortunately, much the last 2 years, it might only have nority home buyers. HUD’S role will longer with this President than any been called banking, maybe it could only become more important as hous- President in American history. have just been called Wall Street for ing communities’ development chal- Dr. Carson had a distinguished career the way it was running, but the full lenges have grown. The need for afford- as a pediatric neurosurgeon. We know name of the committee is Banking, able housing has grown dramatically that about him, and that is good. His Housing, and Urban Affairs. It is im- since the great recession. The demand remarkable life story is well known to portant to remember that. We oversee for units has increased while wages millions of Americans. We know that housing policy, and I see how impor- have stagnated. about him, and that is good. But he is tant this Department is for people in The market alone is not producing not the nominee I would have chosen Ohio and across our country. sufficient housing for families and to lead HUD. In fact, he is not the HUD is in charge of enforcing fair those on fixed incomes. Studies have nominee any President in my lifetime housing laws. It has been an essential demonstrated that many people who would have chosen to lead HUD be- partner in our national efforts to pre- perform essential work—child care

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.012 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1517 teachers, school bus drivers, retail have a decent place to live—and I properties that bring down local prop- workers, people working full time, peo- would imagine that none of us in this erty values, and remediate lead hazards ple working just as hard as the staff in Chamber has that challenge. When you that threaten children. We are ready to front of me, people working just as don’t have a place to call home, your work on real infrastructure. hard as people who have titles like life can be upside down. With all of the As I said, I am going to vote for Ben mine—simply can’t afford the rent in challenges and all of the things that Carson for Secretary of HUD. He is not the communities they serve. Half of can happen, when you get evicted, your an inspiring choice, but he is someone the people who rent pay more than 30 kids have to move to a new school dis- who is an accomplished man. I count percent of their income for housing. trict. You don’t know where you are on him to help us address this terrible One-quarter of all renters—25 percent going to end up. You lose the few pos- lead problem. I count on him to stand of all renters, 11 million people in this sessions you have when you’re evicted. with us, as he pledged, to address the country—pay more than half of their This book is recommended reading for scourge of lead. I count on him to up- incomes for rent. If you are paying 51, anybody who works on housing issues. hold the Fair Housing Act and the 52, 55 percent of your income in rent, if It is a book called ‘‘Evicted’’ by Mat- housing rights of LGBTQ individuals. I one bad thing happens—a sick child, thew Desmond. count on him to advocate for rental as- your plant lays you off for 2 weeks, One last point: I look forward to sistance and investment and homeless- your roof leaks, any number of things working with colleagues in the admin- ness. I count on him to push to include can happen. When you are living on the istration on the President’s proposed $1 housing in the President’s infrastruc- edge, when half of your income is for trillion investment and infrastructure, ture plan. I count on him to fight the housing, what happens? You lose your including housing. To jump-start the President. If the President is going to home. You get evicted. conversation about the President’s pro- increase defense by $50 billion and cut These burdens are more severe at the posed infrastructure package, my col- a whole host of housing and urban pro- bottom of the income spectrum among leagues and I announced a blueprint to grams, I count on this nominee. He extremely low-income renter house- rebuild America’s infrastructure. promised our committee. He said it. He holds—those with incomes at or below I find it interesting, again, that the said it in private meetings. He said it 30 percent of median income, and 75 assistant majority leader talked about in public meetings. We will hold him percent may pay more than half of Democrats’ intransigence and Demo- accountable. I plan to vote yes. their income in rent. crats’ obstruction when the President To reiterate, I rise today to speak on The National Low Income Housing has put nothing out there on infra- the pending nomination of Dr. Ben- Coalition identified a shortage of 7 mil- structure, nothing out there on hous- jamin Carson to be the new Secretary lion affordable and available rental ing, nothing out there about of the Department of Housing and units for the Nation’s extremely low- healthcare—repeal and replace—none Urban Development, or HUD. income renter households. We are of those kinds of legislation. Dr. Carson is not the nominee I reaching only one out of four of those We don’t even know what he is talk- would have chosen to lead HUD, due to eligible families. Many end up on ing about, other than saying ‘‘$1 tril- both his lack of direct experience with years’ long waiting lists for lack of lion.’’ Democrats acted responsibly and the housing and community develop- funding. put out our $1 trillion 10-year plan, ment fields, and his often troubling Government extends a hand to some hoping the President’s $1 trillion 10- public statements prior to his nomina- of these families, but not to nearly year plan can match up and we can tion. enough. That needs to change. Despite work together. This blueprint talks Despite my reservations, and my dis- the growing need for affordable hous- about ways we invest in American in- agreements with some of his positions, ing, we risk losing the affordable hous- frastructure to improve the Nation’s I will give Dr. Carson the benefit of the ing resources we have due to physical transportation, water, housing, and doubt based on commitments he has deterioration or the end of long-term community infrastructure and create made to me in person and to the Bank- affordability contracts of property thousands of good-paying union jobs in ing, Housing, and Urban Affairs Com- owners. construction and manufacturing jobs mittee in his testimony and written re- Families burdened by high housing with strong ‘‘Buy American’’ provi- sponses. costs have fewer resources available to sions. This includes Dr. Carson’s promises meet other needs such as transpor- Even though the President in his to: tation for work and food and medicine. prior life as a businessman wore suits, Address the scourge of lead hazards They even face eviction and homeless- sold suits, sold tableware, and sold that threaten the health and futures of ness; 500,000 people were homeless on glassware made overseas, and even children in Ohio and nationwide; Up- any given night in January of 2016— though this suit I wear is made by hold the Fair Housing Act and the 550,000, actually. union workers 10 miles from my house, housing rights of LGBTQ individuals; The Department of Education data, the President, now that he is Presi- Advocate for rental assistance and in- which includes families doubled up for dent—the issue is not his own private vestment to end homelessness; And economic reasons, indicates that 1.4 business or his family’s own private push to include housing in the Presi- million school children and their fami- business where they outsource jobs to dent’s infrastructure plan. Let me be lies were homeless at some point dur- do production so they make more clear: I will do everything in my power ing the 2013–2014 school year. Think money. I don’t like that, but that is no to hold Dr. Carson accountable for about that. Some of these kids were ex- longer our business. What is our busi- making good on his promises. posed to lead and have learning disabil- ness is that the President steps forward Role of HUD. As the ranking member ities. Others don’t get enough to eat, in with ‘‘Buy American.’’ of the Banking, Housing, and Urban Af- spite of the family school breakfast ‘‘Buy American’’ means if there is fairs Committee responsible for hous- and lunch program, because they don’t steel in an infrastructure project, it ing policy, I have seen how important eat so well on weekends and at night should be made by steelworkers in the Department is for people in Ohio and on summer vacations or whenever. Youngstown or Lorain, OH, or some- and across the country. In addition, 1.4 million are homeless. where in Ohio. If there is iron in these HUD is charged with enforcing our Matthew Desmond wrote a book projects, if there is aluminum in these fair housing laws. It has been an essen- called ‘‘Evicted.’’ He is a gentleman I projects, if there is concrete, if there is tial partner in our national efforts to have gotten to know a little bit. He any kind of product, if taxpayers are prevent and end homelessness for vet- lived in Milwaukee, a poor White paying for it, it should be made by erans, the chronically homeless, and neighborhood, a poor Black neighbor- American workers. youth and families. hood. He wrote about people he got to Our blueprint is central to HUD’s The Department’s primary rental as- meet and got to know, and he spent mission. It includes $100 billion to re- sistance programs help over 4.5 million enough time where he got to know peo- build Main Street and communities. It low-income households of families, the ple. When he signed this book, he includes ideas to address affordable elderly, and people with disabilities wrote: Home equals life. If you don’t housing challenges, eliminate blighted find a place to call home.

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.014 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1518 CONGRESSIONAL RECORD — SENATE March 1, 2017 It assists cities and towns in their ef- According to Harvard’s Joint Center and to millions of Americans beyond forts to revitalize neighborhoods and on Housing Studies, nearly 2.2 million this room. He is an inspiration and a invest in communities; and promotes units of HUD-assisted and low income testament to the American dream. lead-safe, healthy housing for children. housing tax credit-supported housing Dr. Carson’s experience, while im- Through the Federal Housing Admin- will reach the end of their affordability pressive, does not automatically qual- istration, HUD works with lenders to periods by 2025. Families burdened by ify him to lead HUD. help creditworthy borrowers access high housing costs have fewer re- In reviewing Dr. Carson’s nomina- sustainable mortgage credit so they sources available to meet other needs tion, I had the opportunity to question can purchase a home. like transportation to work, food, and him extensively about his plans as Sec- The FHA played an essential, coun- medicine, and they may even face evic- retary. His answers were responsive, in tercyclical role in providing mortgage tion and homelessness. contrast to many of President Trump’s credit following the financial crisis, Nearly 550,000 people were homeless nominees. when the private sector largely with- on a given night in January 2016. De- Dr. Carson committed to: Address drew from the field. partment of Education data, which in- the scourge of lead paint hazards that It has since receded to its typical clude families doubled up for economic threaten the future of too many of share of the housing market, but it is reasons, indicate that nearly 1.4 mil- Ohio’s children; Uphold the Fair Hous- still essential for many homebuyers, lion school-age children and their fami- ing Act and housing rights for lesbian, including first-time and minority lies were homeless at some point dur- gay, bisexual, transgender and queer homebuyers. ing the 2013–2014 school year. (LGBTQ) individuals; Advocate for HUD’s role has only become more im- The hardships stemming from evic- rental assistance and investment to portant as our housing and community tions and homelessness make it harder end homelessness; and Push to include development challenges have grown. for families to climb the economic lad- housing in the President’s infrastruc- The need for affordable housing has der. ture plan. Some of Trump’s appointees have grown dramatically since the Great Re- As Matthew Desmond, author of taken positions antithetical to the cession, as demand for rental units has Evicted, points out: ‘‘Eviction is a agencies for which they would be re- increased and wages have stagnated. cause, not just a condition, of pov- sponsible. In his testimony, Dr. Carson The market alone is not producing erty.’’ sufficient affordable housing for fami- Trump Urban Renewal Plan. did not seem to be in this camp. At that hearing, Carson stated that lies and those on fixed incomes. Throughout his campaign, President- he plans to go on a listening tour A person with a full-time job would elect Trump promised to rebuild Amer- across the country and at HUD to learn need to earn an hourly wage of $20.30 in ica’s ‘‘inner cities,’’ which he labeled what is working and what is not. And order to afford a modest, two-bedroom ‘‘hell holes.’’ he promised to surround himself with rental at HUD’s national average fair Mr. Trump spelled out his views in market rent. pragmatic, bipartisan, senior advisers. his, quote, ‘‘New Deal for Black Amer- He said: ‘‘I will surround myself with This ‘‘housing wage’’ is far above the ica, With a Plan for Urban Renewal.’’ people who have a passion for improv- minimum wage, income available to The plan covers issues such as school ing the agency, not breaking down its people with disabilities who rely upon choice, investing in law enforcement, programs.’’ Supplemental Security Income, or even tax reform, trade, and infrastructure In many cases, Dr. Carson moderated the median wage earned by renters. investment. or reversed controversial positions he Studies have demonstrated that peo- At a time when more than 11 million had taken previously. ple performing essential work—like families are paying more than half I will discuss a few of the commit- child care teachers, school bus drivers, their income toward rent, and half a ments Dr. Carson made during our and retail workers—are often unable to million people have no place to call committee process. afford rent in the communities they home, the President-elect’s plan does Lead Paint Poisoning. Dr. Carson serve. not mention this housing crisis. promised to work to end the scourge of Half of all renters—over 21 million In addition, cities, like Black Ameri- lead poisoning that threatens the households—paid more than 30 percent cans, are not monolithic. health and futures of too many chil- of their incomes towards housing in In recent years, many cities have dren in Ohio and across the country. 2014. And a quarter of all renters—over seen a wave of population growth and There is a growing realization that 11 million—paid more than half their investment that have led to greater safe, affordable housing is a platform incomes for rent. economic activity, tighter rental hous- for good health. These burdens are more severe at the ing markets, and rising rental housing Whether that is healthy housing that bottom of the income spectrum. costs. protects kids from lead and asthma-in- Among extremely low income renter As a result, many lower-income fami- ducing mold, accessible units that help households—those with incomes at or lies and businesses who endured chal- seniors safely age in place and avoid below 30 percent of area median in- lenging decades in their communities expensive institutional care, or hous- come, 75 percent pay more than half are finding themselves priced out of ing that enables people with disabil- their incomes on rent. their long-time neighborhoods just ities to live in the community. In 2016, the National Low Income when additional economic opportuni- As Dr. Carson said in his written Housing Coalition identified a shortage ties are opening up. statement: ‘‘There is a strong connec- of 7.2 million affordable and available Loss of housing in urban neighbor- tion between housing and health . . . rental units for the nation’s ELI renter hoods can push residents away from ac- Housing (and housing discrimination) households. cess to jobs, transit, and local support is a ‘‘social determinant’’ of health . . . We are reaching only one out of four networks such as hospitals and child These problems occur across America— eligible families. Many end up on care. in cities as well as suburbs and rural years-long waiting lists for lack of In many of these neighborhoods, fed- areas . . . We cannot have social mobil- funding. erally-assisted housing may be coming ity without a strong healthy founda- Despite the growing need for afford- to the end of long-term affordability tion in the home.’’ able housing, we risk losing the afford- contracts or at risk of loss due to phys- When Dr. Carson and I met privately, able housing resources we have due to ical deterioration and HUD will be we discussed the tragic effects of lead physical deterioration or the end of called on to help low-income people ac- in Ohio and nationwide. He knows— long-term affordability contracts with cess the opportunity that has finally from a medical perspective—the ter- property owners. come to their neighborhoods. rible price that children and society Public housing alone needs an esti- HUD will need to respond to a diverse pay for the legacy of lead in water, in- mated $26 billion in major repairs. HUD set of challenges across the country. dustrial settings, and, all-too-often, de- estimates that we are losing 10,000 Dr. Ben Carson is a distinguished pe- teriorating paint in their homes. units of public housing every year due diatric neurosurgeon. His remarkable While we have rightly focused on lead to physical obsolescence. life story is well known to all of us, in water in Flint, MI, and Sebring, OH,

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.005 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1519 the most prevalent source of childhood LGBTQ Housing Rights. During the sistance programs in meeting the needs lead poisoning is lead-based paint in Committee’s process, I sought informa- of the lowest income individuals, stat- homes built before the federal govern- tion on Dr. Carson’s views of the hous- ing: ment stepped in to prohibit its use in ing rights of LGBTQ individuals. When it comes to deep affordability, 1978. In the past, Dr. Carson has made though, removing all regulatory barriers Approximately 23 million older troubling comments about LGBTQ peo- won’t get you there. It comes down to sub- homes have significant lead paint haz- ple that raised questions about wheth- sidy. . . . I think we can all agree that we ards, 3.6 million of which house chil- er LGBTQ people should enjoy the will all make sure housing is a key consider- ation in every appropriations bill . . . If con- dren under six who are most suscep- same rights as everyone else. tible to the effects of lead paint poi- firmed I will be a vocal advocate internally Dr. Carson’s views in this area are for funding, but prioritization will continue soning. This is a great challenge in important because the HUD Secretary to occur in this Administration as it did in states like mine that have a lot of oversees the housing rights of all the last. older homes. Americans, including LGBTQ people. Dr. Carson also recognized the value The Cleveland Plain Dealer reported LGBTQ people face housing discrimina- of the important safety net provided by that that there are nearly 70 census tion, bullying, and an alarmingly high HUD programs, stating that ‘‘the rent- tracks in Cuyahoga County, where I incidence of youth homelessness. al assistance program is essential’’ and live, where as many as 1 in 3 children In his written statement, Dr. Carson that ‘‘safety net programs are impor- are likely poisoned because of the age clearly stated that he wants to im- tant. I would never . . . advocate abol- and condition of the housing stock. prove the lives of all families and com- ishing them without having an alter- This is a tragedy not just for these munities ‘‘no matter their race, creed, kids and families, but for society. We native route for people to follow.’’ color, or orientation.’’ Ending Homelessness. In 2010, Open- all absorb the increased costs of med- In light of his previous statements, ical care, education, criminal justice, ing Doors, the Federal Strategic Plan my colleague and I asked further ques- to Prevent and End Homelessness, set and lost economic potential that stem tions. from childhood lead poisoning. out goals to end homelessness for vet- I asked Dr. Carson whether he be- erans, the chronically homeless, fami- If confirmed, I look forward to work- lieves that HUD has a duty to take ac- ing with Dr. Carson to address the lies, children, and youth and all other tions that promote equal access to homelessness. avoidable tragedy of childhood lead housing opportunities for LGBTQ peo- paint poisoning. Through a combination of bipartisan ple. In response, he stated that he be- Fair Housing. Dr. Carson pledged to federal investments in appropriate lieves that ‘‘all Americans . . . should uphold the nation’s fair housing laws, housing solutions particularly perma- which includes the requirement that be protected by the law,’’ but went on nent supportive housing for the chron- HUD’s grantees affirmatively further to say that no one gets ‘‘extra rights.’’ ically homeless and HUD-VASH vouch- To clarify his meaning, I asked fair housing. ers for veterans and improved practices At the hearing, Dr. Carson was clear whether he could think of any in- at the federal and local levels, we have about his support for the Fair Housing stances where protecting equal access made real progress toward these goals. Act, stating: to housing opportunities for LGBTQ Since 2010, such investments have I think the Fair Housing [Act] in 1968 people would mean providing them helped reduce chronic homelessness by was one of the best pieces of legislation ‘‘extra rights.’’ 27 percent and veterans’ homelessness we had. It was modified 1988. LBJ said His response was ‘‘I cannot.’’ by 47 percent. no one could possibly question this, I I also asked whether he believes that Yet, more remains to be done. agree with him. HUD provides ‘‘extra rights’’ to LGBTQ According to HUD’s ‘‘2015 Annual I asked Dr. Carson about a 2015 Wash- people that need to be withdrawn. Homeless Assessment Report’’ to Con- ington Times Op-Ed in which he ob- His response was ‘‘I do not.’’ gress, approximately 549,928 people jected to HUD’s rule implementing the In other statements, Dr. Carson also were homeless on a given night in Jan- Fair Housing Act’s Affirmatively Fur- clearly pledged to protect the LGBTQ uary 2016. Nearly 195,000 of the home- thering Fair Housing provision, lik- community from discrimination and to less on this night were in families in- ening it to a failed socialist experi- continue to support and enforce HUD’s cluding at least one child. ment. equal access rules. Stating that ‘‘No one can argue with The rule, which implements a re- These rules ensure that all individ- the goal of ending homelessness,’’ Dr. quirement of the Fair Housing Act, was uals have equal access to the Depart- Carson said he intends to build on the adopted after a two-year public com- ment’s programs ‘‘without regard to progress we have made toward ending ment period and responds to GAO criti- actual or perceived sexual orientation, homelessness. He also said he will ‘‘call cism of HUD’s previous guidance in gender identity or marital status’’ and for continued investment to end home- this area. in accordance with their gender iden- lessness for veterans, the chronically Carson stated that his op-ed had been tity. homeless, and children and families.’’ ‘‘distorted by many people.’’ He went If Dr. Carson is confirmed, any ac- Dr. Carson also praised the United on to say that he has no problem with tions that he or the agency take to dis- States Interagency Council on Home- ‘‘affirmative action or . . . integra- criminate against or limit the housing lessness, which coordinates Federal ef- tion’’ but that he does have a problem rights of LGBTQ individuals and fami- forts to efficiently and effectively com- with people dictating policy when they lies would be contrary to his state- bat homelessness and helps facilitate don’t know the area when we have ments to me and the Committee. local communities’ coordinated efforts. ‘‘local HUD officials . . . who can as- Rental Assistance. Dr. Carson prom- Housing and Infrastructure. The sess what the problems are in their ised to be an advocate for HUD rental President’s promised $1 trillion invest- area and, working with local officials, assistance. ment in infrastructure is one of the pil- can come up with better solutions.’’ During the hearing, Dr. Carson lars of the President’s Plan for Urban The fair housing rule is such a lo- backed away from his previous position Renewal. This is an area where I have cally driven conversation, because it calling for 10 percent across-the-board said I would like to work with the new requires HUD grantees to analyze their cuts to Federal programs as a budget- administration. own situations and develop locally cutting measure. Our grandparents built an infrastruc- driven plans to address their fair hous- At our hearing, Dr. Carson noted that ture for us that was the envy of the ing challenges. he had revised his position to 1 percent world and became the foundation of Finally, Dr. Carson stated in writing across-the board cuts as a way to our economy for years to come. But that he would enforce the Fair Housing achieve budget savings. While I do not after decades of neglect, we need to re- Act and support HUD’s 2015 rule. subscribe to this policy, it shows mod- invest. If Dr. Carson were to reverse the fair eration of Dr. Carson’s previous posi- My colleagues in the Democratic housing rule, it would violate his com- tion. caucus and I are taking the President mitments at the hearing and in writ- With respect to HUD programs, he up on his call for a $1 trillion invest- ing. recognized the value of HUD rental as- ment in American infrastructure.

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.005 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1520 CONGRESSIONAL RECORD — SENATE March 1, 2017 To jump-start the conversation about Labor Department’s overtime rule that There have been reports that the ad- the President’s promise, we announced would help 100,000 workers in my state ministration has been considering ‘‘A Blueprint to Rebuild America’s In- get the pay they deserve. He believes using Heritage Foundation budget frastructure.’’ incomes will rise just by creating the blueprints as the basis for its budget This blueprint talks about ways we right ‘‘environment.’’ proposals. can invest in American infrastructure I believe that the Federal Govern- Heritage has proposed budget out- to improve the Nation’s transpor- ment should stand on the side of work- lines that would literally zero out the tation, water, housing, and community ers rather than advancing a billionaire HUD rental assistance programs and infrastructure while creating thou- agenda. the Community Development Block sands of construction and manufac- But despite my reservations and my Grant Program. turing jobs in Ohio and across the disagreements with some of his posi- We are also hearing reports that the country. tions, I am voting to confirm him, Trump administration is making plans Our blueprint includes $100 billion to based on the commitments he made to to cut nondefense discretionary pro- rebuild our main streets and commu- the committee that I discussed here grams by $54 billion in fiscal year nities, which is central to HUD’s mis- today. 2018—about a 10 percent cut—in order sion. The National Low Income Housing to fund increased defense spending. This includes ideas to address afford- Coalition, or NLIHC, is a leading na- This cut would come on top of the se- able housing challenges, eliminate the tional organization advocating for safe, questration-related cuts to nondefense blighted properties that bring down affordable housing for low-income peo- discretionary, or NDD, programs that local property values in neighborhoods, ple, including the residents of HUD-as- will kick in in FY 2018 if we don’t do and remediate lead hazards that can sisted housing. something to stop them. set children back for life and increase NLIHC recently circulated a state- NDD programs at HUD have already public costs. ment that reads: absorbed cuts. Since 2010, funding for We need to invest in the infrastruc- Despite our initial concerns about Carson’s public housing has fallen 21 percent, ture of our communities. lack of experience with and knowledge of the while funding for the HOME program I’ve talked about the need to address HUD programs that he would oversee, NLIHC has fallen by more than 50 percent. lead-based paint to prevent childhood does not oppose his nomination: Sequestration cuts in FY 2013 re- lead poisoning. As demonstrated in his Senate confirma- duced the number of housing vouchers In communities across Ohio and the tion hearing, Carson has clearly taken the by more than 80,000. In recent years, time to begin to understand and come to ap- Congress and local agencies have been country, blighted properties are hold- preciate the importance of HUD’s programs. ing our neighborhoods back. They re- Once confirmed, NLIHC is committed to able to restore many of these lost duce neighbors’ property values, reduce working with Dr. Carson to ensure that the vouchers, but further cutbacks will re- tax base necessary to support public lowest income people in America have de- verse this trend. services, and create crime and safety cent, affordable and accessible homes. At a time when our families are fac- threats. In the coming years, I will do every- ing growing affordable housing needs, A 2015 report from Policy Matters thing in my power to hold him to his the administration may be considering Ohio estimated Ohio alone would need promises and to advocate for HUD’s cuts that would devastate our housing $750 million to address the State’s resi- important work. safety net and leave families, seniors, dential demolition needs. I Hope the Administration Helps Him formerly homeless veterans, and com- Our public housing alone needs an es- Succeed. Even if Dr. Carson and I munities reeling. timated $26 billion in repairs. shared the exact same views, I would All of this is coming at the same When we met, Dr. Carson said that he be concerned about what the next few time that they are repealing the ACA is supportive of investing in our public years bodes for HUD and our commu- and working to repeal rules that pro- housing infrastructure. nities. tect workers, consumers, and retirees. In questions following the hearing, I On January 23, the Trump adminis- At our hearing, Dr. Carson himself asked Dr. Carson whether he would tration adopted a hiring freeze and walked away from previous comments work with the President to ensure that called for a reduction in the Federal he had made in support of 10 percent there is a real infrastructure package workforce. across-the-board cuts. to address the needs of our urban and HUD already experienced the great- At the nomination hearing, Dr. Car- rural communities and that it includes est percentage drop in career employ- son stated: funding for preserving and creating af- ees across the government from 2005 I want to advocate for the HUD budget. fordable housing. through 2014, and now HUD faces the . . . In the process of doing a listening tour In response, Dr. Carson responded by highest percentage career employees and in talking to the people who were there already I want to put together a world-class saying, ‘‘I will absolutely commit to eligible to retire by 2019. plan on housing in this country and then I advocating for the inclusion of housing According to HUD’s FY 2017 budget want to come to you with that world-class in the President Elect’s infrastructure justifications, ‘‘This retirement wave plan and I want to convince you all that this package.’’ can cause a loss of leadership and insti- is what we need to do. I look forward to working with Dr. tutional knowledge at all levels.’’ I hope that the administration and Carson to ensure that the administra- Such a loss could also cause a failure those setting budget priorities here in tion supports these job-creating invest- to ensure that the Department is up- Congress will give Dr. Carson and HUD ments in our housing and other infra- holding its duties to taxpayers by en- the tools they need to fulfill their mis- structure. suring the quality of federally-assisted sion. Support Despite Reservations. As I housing, fair housing enforcement, and If not, I hope my colleagues and citi- stated at the outset, Dr. Carson is not overseeing FHA lending programs, for zens across the country will work with the nominee that I would have chosen examples. me to ensure that we have a housing to lead HUD. Dr. Carson says he wants to learn and community development policy I do not agree with all of his posi- from and be on the side of HUD’s career that meets the needs of all Americans. tions. staff. Let’s hope the administration I suggest the absence of a quorum. For example, Dr. Carson wants to gives him sufficient staffing to accom- The PRESIDING OFFICER (Mrs. help people increase their incomes so plish his mission. ERNST). The clerk will call the roll. that they can become self-sufficient. I I am also very concerned about The legislative clerk proceeded to also believe we should do everything HUD’s budget going forward. call the roll. we can to help families escape poverty The Senate recently confirmed Mick Mrs. FISCHER. Mr. President, I ask and find good, middle-class jobs that Mulvaney, an ideologue who threat- unanimous consent that the order for can sustain a family. ened to default on our debt and wants the quorum call be rescinded. However, Dr. Carson seems to believe to gut our retirement safety net, to The PRESIDING OFFICER (Mr. that this can be done without raising lead the President’s Office of Manage- TILLIS). Without objection, it is so or- the minimum wage and without the ment and Budget. dered.

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.006 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1521 CONGRATULATING THE STATE OF supply of groundwater makes us lead- and in medicine. Last year, the Univer- NEBRASKA ON THE 150TH ANNI- ers in producing soybeans, wheat, pork, sity of Nebraska Medical Center was VERSARY OF THE ADMISSION OF and grain sorghum. ranked fifth in America among the best THAT STATE INTO THE UNITED But I am getting ahead of myself. medical schools for primary care. I STATES In 1862, President Abraham Lincoln think Dr. Daniel Freeman, America’s Mrs. FISCHER. Mr. President, I rise signed the Homestead Act. It made first homesteader, would be proud of to recognize a pivotal moment in our Americans really a simple offer: Strike that, but I doubt if he would be sur- Nation’s history. On this day, 150 years out west, cultivate 160 acres of sur- prised. This is what happens when we ago, the Territory of Nebraska became veyed government land for 5 years, and work hard and let ourselves be guided the 37th State to enter the Union. at the end of that time, the land would by goodness. Let me tell you the story of Ne- be theirs. Families crossed the plains It happened in Lincoln, our State braska. In a deep and powerful way, it in covered wagons to take Mr. Lincoln capital, which was renamed after Presi- is the story of America. America grew up on that offer, and this time they dent Lincoln was assassinated. It hap- up in Nebraska. We were the first State stayed. In fact, the law’s very first pens in our Nebraska Panhandle towns admitted after the Civil War, but our claimant was a doctor and a Civil War and in our cities along the broad and admission was first vetoed by Presi- veteran named, fittingly enough, Dan- braided Platte River, all along our I–80 dent Andrew Johnson. It was the only iel Freeman. So powerful was his corridor, and in so many rural small time in American history that this had dream that Dr. Freeman filed his pa- towns across our State. Nebraskans are happened. The reason? President John- perwork just a few minutes after mid- a people who are engaged in manufac- son disagreed with a fundamental con- night on New Year’s Day, 1863, the day turing, technology, ag business, edu- dition of Nebraska’s statehood—that that law went into effect. His home- cation, and the arts. We are strong peo- Black men be allowed to vote. stead lies just outside of Beatrice, NE, ple, and we build strong communities. Fortunately, Congress overrode this where today we find the Homestead Na- I have to say another word about veto, and on March 1, 1867, Nebraska tional Monument of America. In this doing the right thing. In 1879, Nebraska became a State. I said before that Ne- vast and ruthless land, the home- was the site of the first time that braska’s statehood was a pivotal mo- steaders made the American dream American Indians had their day in ment for our country. Nebraska gave real. They tilled the earth, first to feed court, when Standing Bear made his fa- America a chance to be better. themselves and then to feed the world. mous statement: ‘‘I am a Man.’’ The By bringing Nebraska into the Union, Nebraskans made the Great Amer- U.S. district court eventually ruled our country turned away from slavery ican Desert into one of the greatest ag- what we all know to be absolute forever. We turned toward the truth ricultural exporting regions in world truth—that a person is a person. Here about humankind—that everyone is history. They did this in part by sci- again, Nebraska gave America the op- precious in Heaven’s eyes. By making entific discovery. Developments in ag- portunity to be better. There are many Nebraska a State, America reached for ricultural technology, including the other moments. a future more closely aligned with that center pivot, pioneered in Nebraska, Nebraska was the first State in truth. have allowed Nebraska ag producers to which women were the two major party Since that new birth of freedom, our feed the world. Nebraska continues to candidates for Governor, when Kay Nation has taken many more steps— lead the Nation in center pivot irriga- Orr, a Republican, defeated Helen some bold strides, some stumbles—but tion technology, and today we are Boosalis, a Democrat, in 1986. always we seek to be more fully the home to the four largest irrigation I am on the Senate floor honoring country we were made to be. At a cru- companies in the United States. the State I love on its 150th anniver- cial moment, Nebraska strengthened Other technological breakthroughs sary. I encourage you to come and see our commitment to do that. Nebraska came in transportation, especially rail. what the good life is about. See our cit- renewed America’s identity. These developments helped us to con- ies—their industry, their creativity, As a State, Nebraska had not only nect our communities and our country. their culture—where our innovators hard but also humble beginnings. They The route of the First Trans- work new wonders, so much so that we called it the Great American Desert. In continental Railroad runs through my are now called Silicon Prairie. Feel the the early 1800s, the famous military of- State. Today, Bailey Yard in North thrill of Memorial Stadium, which be- ficer and explorer Zebulon Pike Platte is the world’s largest railroad comes our third largest city on a game shrugged us off, saying simply: ‘‘Not a classification yard. In addition, Ne- day. Shout ‘‘Go Big Red’’ and cheer on stick of timber.’’ A few years later, ge- braska now connects her families by the Huskers. Delight in our opera and ologist Edwin James and MAJ Steven 97,000 miles of public roads. Well, that ballet. Breathe in our small towns. Long gave us this review: ‘‘The land is a far cry from those wagon ruts. Stop in at a family-run . Have was uninhabitable by a people depend- These improvements allow us to con- lunch at a local cafe. Enjoy some of the ing on agriculture.’’ tinue that noble work which we gladly national food sensations that began in Today, wagon ruts can still be seen accept of feeding the world. Nebraska: Kool-Aid, our Reuben sand- on Windlass Hill on the Oregon-Cali- I would like to take a moment to re- wich, and, of course, runzas. fornia Trail, where settlers passed flect on something. Nebraska not only Enjoy local favorites, like kolache, through. They were looking for greener helped America find its moral compass kuchen, fried tacos, and pork chili. pastures. again, but our State also shows what Enjoy a Nebraska rodeo. Ride out to Well, last year Nebraska ranked No. 1 wonders a free and virtuous people may our rural areas, where, as Poet Lau- in the Nation in exports. The work, and it reveals the relationship reate Ted Kooser says, the ‘‘pickup State ranked No. 1 in both the number between the two. When you seek the kicks its fenders off and settles back to of mother cows and cattle on feed. We right thing first and you work at it read the clouds.’’ Be awed by the vast- are the beef State. We are Corn Husk- hard, amazing things follow. This is ness of Nebraska, which gives us per- ers. With both corn and cattle, we true not only in our rural areas but spective on things great and small. produce high quality protein products also in our cities. Learn from Chimney Rock, our western that are sought by consumers all Omaha began as the ‘‘Gateway to the buttes, and the Pine Ridge, how to around this globe. We are No. 1 in the West.’’ Pioneers and immigrants made stand tall no matter the weather or the Nation in great northern bean produc- it a mighty city in its own right. From season of life. Be soothed by the tion, popcorn production, and irrigated the former stockyards to the strong Sandhills—the largest grass-covered acres of cropland. Nebraska agriculture family businesses and Fortune 500 com- sand dunes in the world and God’s own is diverse and it is expansive. panies that you will find there today, cattle country. Find peace in the song We also have more miles of river the fingerprints of hardworking, dedi- of the Sandhills cranes. Take in the than any other State. As we sit over cated people cover every inch of con- Central Flyway, where millions of mi- the great High Plains in the Ogallala crete. gratory birds fly, including our State Aquifer, water flows to seven other Omaha leads in banking, insurance, bird—the western meadowlark. See our States from Nebraska. Our abundant telecommunications, transportation, gently rolling eastern hills. Canoe our

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.016 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1522 CONGRESSIONAL RECORD — SENATE March 1, 2017 rivers, fish our trout streams, and lived on that land for 5 years, they football. Our team represents some- relax on our lakes. Follow the trails would get the deed. Your care of the thing much bigger than just a typical that tell the story of our history and land is what mattered, not your back- collegiate sports team. It is about the roads that lead to a bright future. ground, not your status, not your fam- toughness, and it is about community. See Nebraska at night, under a sky ily name, but your willingness to work The Bugeaters, as the Nebraska filled with stars. Know why people and to contribute and to feed the world Cornhuskers were first known in the travel from all across the world simply as our State still does today. 1890s, started with a volunteer coach to stargaze. Today, Nebraska is the breadbasket and now boast many Heisman Trophy Pulitzer Prize-winning novelist Willa of the world, exporting more than $6 winners, five national titles, and a sell- Cather, who grew up in Nebraska, billion a year of agricultural products. out streak that dates to October of wrote of the West: ‘‘Elsewhere, the sky We have cared about the land for this 1962. is the roof of the world; but here the last century and a half, but we care For those of you who think there are Earth was the floor of the sky.’’ even more about our neighbors. Two football teams in your States—and I We are a people of the Great Plains, towns tell that story well. say this with all due respect to the the prairie, the Sandhills. We remem- During World War II, North Platte Presiding Officer, who comes from a ber our enduring sources of strength— launched a hospitality initiative that State that has passable football—and faith in God, reliance on family, and a reached 6 million American troops as for those of you who think you are habit of hard work. These things give they would head for Pacific and Euro- from States where football is taken se- us a sure footing. pean theaters in World War II. Folks in riously, there has not been a seat avail- For America for 150 years, Nebraska the town saw trains stop in North able to a game in Nebraska since Octo- has been a place to look up and begin Platte every day and decided that they ber of 1962. Nebraska has had, by far, again, a land of vast possibility, of op- would cheer those servicemen who were the biggest winning streak—the portunity, a place to dream and to re- on their way to the war to fight for our winningest team—over the course of alize dreams—a model for America and freedom. the last half century in American col- the envy of the world. On Christmas Day in 1941, a young lege football. Congratulations to the people of the woman named Rae Wilson, a 26-year- Nebraskans know and love this team, great State of Nebraska as we cele- old saleswoman, founded the North not just because of the prowess on the brate our rich history, the exciting Platte Canteen. For 4 years, volunteers field but because Nebraska football is present that we are building, and the would meet each train—full of troops the undisputed champion of Academic brighter future we will have in our and passing through North Platte— All-Americans in the country, having a next 150 years. with candy, with fruit, with smiles, 43-award lead over the second closest I yield the floor. with hugs, and with encouragement, team in the history of Academic All- The PRESIDING OFFICER. The Sen- thanking those men for how they were American Awards and American life. ator from Nebraska. going to fight to defend the freedoms That is Penn State, not North Caro- Mr. SASSE. Mr. President, if I could that made places like Nebraska and the lina, that is in second place, I say to just begin with a hearty ‘‘amen’’ to the rest of this Nation great. Some soldiers the Presiding Officer. We live, we breathe, and we love our great words of my senior Senator, it would go on to become POWs, includ- football team. After each Husker win, felt like old home week there for a mo- ing the first train of men that went church attendance goes up, and crime ment, with the quote about the Ne- through North Platte on Christmas goes down. Literally, for generations, braska sky. My kids—I have one of Day in 1941. They had been sent off by half of the boys in Nebraska grew up them with me almost every week in these women of North Platte with food wanting to play quarterback for Tom DC. We commute, and I bring some- and with encouragement for their Osborne in the option offense. Why body with me. Another two of them are fight. Some never returned home. Who almost surely going to be exploring only half, you ask? It is because the knows how much the kindness of those other half wanted to play Blackshirts along the Platte River later this after- women meant to people from all of the defensive football to smack the snot noon, as happens almost every day. As States as they passed through Ne- out of whoever was going to line up for the comments about the 1986 cam- braska on the way to their deploy- against the Huskers on a given Satur- paign between Kay Orr and Helen ments. day. Boosalis, it was the first time in Amer- In recent years, that same generosity Success on the field is great, but the ica that two women had run for Gov- has shown up in Pilger, NE. In June of real reason Nebraskans are so proud of ernor of any State. I worked for Kay, 2014, twin tornadoes ripped through this team is that the Cornhuskers em- the Republican Governor; it was the this small Nebraska town, killing two body the hard work, resolve, team- first campaign I had ever worked on as and leveling the entire town—destroy- work, passion, and sportsmanship of a 14-year-old. And then, most fun- ing 78 buildings. Only in the two cor- the Nebraska people. While these are damentally, were her great words ners of the town were structures left the trademarks and hallmarks of our about the Homestead Act and the set- standing. Some people might not con- football, they are really the hallmarks tling of America. I am a fifth genera- sider a town of 352 people a top pri- of our community associations—of Ne- tion Nebraskan and descended from ority, but those folks are not from Ne- braska’s pioneers, of our farmers, our homesteaders in the exact counties braska. From all across our State, ranchers, our teachers, our small busi- that the Senator was talking about en- thousands of volunteers just began ness men and women, our churches, gaged in Jefferson County. driving to this town where tornadoes and our Rotary clubs. Our State on its 150th anniversary, had destroyed people’s livelihoods and Do you know what? We could not be looks back on a history built by grit their homes, bringing meals and sort- any more proud of that heritage. On from homesteaders, as Senator FISCHER ing through rubble with people who this 150th anniversary, I join my senior mentioned, to a football team at Me- had been strangers until the volunteers Senator in saying, please, come visit, morial Stadium in Lincoln. Today, we arrived and became family. and ‘‘Go Big Red.’’ celebrate all of those things that make Young and old, Nebraskans from all I yield the floor. Nebraska special: hard work, resolve, across our State pitched in 21⁄2 sum- The PRESIDING OFFICER. The Sen- and love and care for our neighbors. mers ago. One retired teacher would ator from Nebraska. Millions of men and women settled drive 180 miles every day round trip to Mrs. FISCHER. Mr. President, I ask Nebraska when our State was still serve in this community, helping peo- unanimous consent to proceed as in known as the Great American Desert. ple dig out of the rubble. One little girl legislative session. The Homestead Act made land owner- sent $70 in from her lemonade stand. The PRESIDING OFFICER. Without ship accessible to anyone—to widows, Pilger became the town known as the objection, it is so ordered. to former slaves, to immigrants. Peo- town too tough to die. Mrs. FISHCER. Mr. President, I ask ple of totally different backgrounds When we are not coming together to unanimous consent that the Senate could legally own 160 acres of American help our neighbors, we are usually proceed to the consideration of S. Res. land, and as long as they worked and coming together to celebrate Husker 74, submitted earlier today.

VerDate Sep 11 2014 04:32 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.017 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1523 The PRESIDING OFFICER. The ed, talented, patriotic members of these tactics oh so well. Under Soviet clerk will report the resolution by those committees from both political times and since, Russia has tried to in- title. parties in the Senate and in the House, vade their space when it comes to elec- The legislative clerk read as follows: but there is a fundamental flaw to this tion decisions—overtly, covertly, A resolution (S. Res. 74) congratulating the approach. If you went searching on through propaganda, through cyber at- State of Nebraska on the 150th anniversary Capitol Hill to find the room in which tacks. They have done it in many coun- of the admission of that State into the the Senate Intelligence Committee tries around the world. Sadly, they are United States. meets, you would come up empty. good at it. Now they have decided they There being no objection, the Senate There is no sign on the door. It is basi- can do it in the United States. They proceeded to consider the resolution. cally kept clandestine, confidential, can decide who our President will be or Mrs. FISCHER. Mr. President, I ask and secret. For 4 years, I entered that at least try to. Are we going to take unanimous consent that the resolution door, sat down in closed hearings, with this sitting down? be agreed to, the preamble be agreed no one from the public able to hear or November 8, 2016, election day, was a to, and the motions to reconsider be even appreciate what we were doing. It day that will live in cyber infamy in considered made and laid upon the is a lonely assignment—unlike any the United States. The Russians in- table with no intervening action or de- other committee on Capitol Hill. vaded the U.S. election process. The bate. I wonder: Is that what we want to do President of the United States spoke to The PRESIDING OFFICER. Without to explore the involvement of Vladimir the American people last night and objection, it is so ordered. Putin in our Presidential campaign—to never mentioned one word—not a sin- The resolution (S. Res. 74) was agreed go behind closed doors in secret and gle word—about this. to. meet clandestinely? I think not. How many Republican Senators and The preamble was agreed to. There is an aspect of this that will Congressmen have come to the floor? I (The resolution, with its preamble, is require some intelligence gathering, don’t know about in the House, but I printed in today’s RECORD under ‘‘Sub- some discussion of intelligence—and can tell my colleagues I know about mitted Resolutions.’’) certainly that would be secret—but the Senate. None. Not one has come to Mrs. FISCHER. Mr. President, I yield there is much more of it that is public the floor to even address this issue. the floor. in nature that will never be disclosed if So when President Trump ignored it last night, refused to even mention it, f we rely on the Senate Intelligence I wasn’t surprised, but it is not going EXECUTIVE CALENDAR—Continued Committee. It is an invisible process, and that invisible process does not away. It is a fact. We currently have an investigation The PRESIDING OFFICER. The as- serve the needs of a democracy that underway in our intelligence agencies. sistant Democratic leader. wants the truth—the straight talk, the I just met with former Senator Dan PRESIDENT’S ADDRESS TO CONGRESS AND answers. Coats of Indiana. He has been des- RUSSIA INVESTIGATION Secondly, the work of an Intelligence ignated by the President to be the Mr. DURBIN. Mr. President, last Committee ends up in a report that is DNI—the Director of National Intel- night, I joined most of the Members of classified, which means the public ligence. He made a statement publicly Congress to hear President Trump give doesn’t get to see it. We have seen yesterday before a hearing in Congress his first address to a joint session. His some renditions of it—heavily redacted that he is going to cooperate with the speech lasted about 60 minutes, and I pages, where one or two words might listened carefully, as did everyone in committees and with Congress in dis- escape being crossed out. closing information they have accumu- the Chamber, to the President’s first How do you move from a classified lated in our intelligence agencies as to remarks from that historic setting as document on Putin’s involvement in this Russian involvement in our elec- he addressed a joint session of Con- our Presidential campaign to a public gress. tion. document the people can understand? We also know the Federal Bureau of There were some omissions, which I It takes declassification. Who makes Investigation is involved in this same found very interesting. Not once—not the decision on whether we declassify exercise to find out exactly what hap- one time—in the course of an hour did the information from the Intelligence pened and to disclose as much as pos- President Trump ever say the word Committee investigation? The White sible and take action—prosecutorial ‘‘Russia’’—not one time—even though House. action—if necessary. we have been told by 17 of our intel- So, with the possibility—and I under- There is a problem, though. The Fed- ligence agencies that Russia made an line that word—with the possibility eral Bureau of Investigation works for overt effort to influence the outcome that some people in the President’s the Attorney General. The Department of the last Presidential campaign. That campaign may or may not have been of Justice has the power to impede or has never happened before in American involved in this, the President has the stop any FBI investigation. Our former history. A foreign country attacked last word as to the American people colleague Jeff Sessions was deeply and the sovereignty of the United States in ever hearing the results of an Intel- personally involved in the Trump Pres- the election process for the highest of- ligence Committee report. idential campaign. He should recuse fice in the land. I think that is note- Many of us believe this is serious, himself. He has an obvious conflict of worthy. It is certainly historic. It and many of us believe there should be interest on this issue. For the integrity would certainly be worth at least a an independent, transparent commis- of the office and for his own personal mention when a President speaks to a sion, just like the 9/11 Commission. integrity, he should step aside and ap- joint session of Congress just a few Let’s call on people we respect, such as point a special prosecutor who can fol- months after that election. Instead, GEN Colin L. Powell, Sandra Day low up, if necessary, with this FBI in- there was radio silence, mute button, O’Connor, a former Supreme Court Jus- vestigation. crickets—nothing about Russia. tice, and many others just like them, This is a serious matter that was not What do we have in terms of congres- who could get to the bottom of this and addressed at all last night by the Presi- sional response to the possibility that answer the basic questions: What were dent of the United States speaking to a Vladimir Putin was trying to pick our the Russians up to? We hear they had joint session of Congress. next President? We have the suggestion 1,000 trolls sitting in offices in Moscow The went through by the Republican leaders in the Sen- dreaming up ways to hack into the some of the claims that were made by ate and the House that this matter computers and Internet of the United the President last night, and I want to should be taken up by the Intelligence States and to disclose information to give them credit for their homework on Committees. try to influence the outcome of the this. It is important for the RECORD It sounds reasonable on its face. Hav- election. It is not a new tactic from that some of the things the President ing served on Intelligence Committees, Russia. They have done it over and said be explained. I can tell you it is an awesome respon- over again. The President said: sibility and assignment. I can also tell The last couple of weeks I visited Po- According to the National Academy of you we have some extraordinarily gift- land, Lithuania, Ukraine. They know Sciences, our current immigration system

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.019 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1524 CONGRESSIONAL RECORD — SENATE March 1, 2017 costs American taxpayers many billions of Ninety-four million Americans are out of are pursuing? Broadly speaking, Republicans dollars a year. the labor force. want to transform the health insurance pro- The Associated Press writes: The Associated Press says: gram for low-income people from an open- ended Federal entitlement to a system that That’s not exactly what the report says. It That’s true, but for the vast majority of provides States with a limited amount of fi- says immigrants ‘‘contribute to government them, it’s because they choose to be. That 94 nancing and gives them latitude on how to finances by paying taxes and add expendi- million figure includes everyone aged 16 and spend it. tures by consuming public service.’’ older who doesn’t have a job and isn’t look- The report found that while first-genera- ing for one. So it includes retirees, parents The AP goes on to say: tion immigrants are more expensive to gov- who are staying home to raise children, high If Congress is too stingy with State allot- ernments than their native-born counter- school and college students who are studying ments, States would be hampered dealing parts, primarily at the state and local level, rather than working. with the emergencies like the opioid epi- immigrants’ children ‘‘are among the strong- They are unlikely to work regardless of demic. est economic and fiscal contributors in the the state of the economy. With the huge The next statement by President population.’’ This second generation contrib- baby boomer generation reaching retirement Trump last night: age many of them retiring, the population of uted more in taxes on a per capita basis, for According to data provided by the Depart- those out of the labor force is increasing and example, than non-immigrants in the period, ment of Justice, the vast majority of individ- will continue to do so, most economists fore- 1994–2013. uals convicted for terrorism-related offenses cast. The report [that the President unfortu- since 9/11 came here from outside of our It’s true that some of those out of the nately mischaracterized] found that the country. We have seen the attacks at home, workforce are of working age and have given ‘‘long-run fiscal impact’’ of immigrants and from Boston to San Bernardino to the Pen- up looking for work. But that number is their children would probably be seen as tagon, and yes, even the World Trade Center. more positive ‘‘if their role in sustaining probably a small fraction of the 94 million labor force growth and contributing to inno- President Trump cited. The Associated Press responds: vation and entrepreneurial activity were Another statement the President It’s unclear what Justice Department data taken into account.’’ made: He said his budget plan will offer the President is citing. The most recent gov- So to argue, as the President did yes- ernment information that has come out ‘‘one of the largest increases in na- doesn’t back up his claim. Just over half the terday, that the National Academy of tional defense spending in American people President Trump talks about were ac- Sciences, as he said, stated that our history.’’ tually born in the United States, according current immigration system costs I will not dwell on this other than to to Homeland Security Department research. American taxpayers many billions of say that the absolute number—a $54 That report said of 82 people the government dollars is, at best, incomplete and mis- billion increase, or about 10 percent, is determined were inspired by foreign terrorist leading. the largest single number. On a per- groups to attempt to carry out an attack on The President then went on to say centage basis, there have been larger the U.S., just over half [of them] were [born in the United States] native-born citizens. during the course of his speech last increases in previous years, like 2002, night: 2003, and 2008. The AP goes on to say: We’ve saved taxpayers hundreds of millions Here is another claim made by the Even the attacks Trump singled out of dollars by bringing down the price of the President last night: weren’t entirely the work of foreigners. Syed Rizwan Farook, who along with his Paki- F–35 jet fighter. Since my election, Ford, Fiat-Chrysler, I remember when he said that. stani wife killed 14 people in the deadly 2015 General Motors, Sprint, Softbank, Lockheed, attack in San Bernardino, California, was The Associated Press says as follows: Intel, Walmart, and many others have an- born in Chicago. The cost savings he persists in bragging nounced they will invest billions of dollars in It’s true that in the immediate aftermath about were secured in full or large part be- the United States and will create tens of of September 11, the FBI’s primary concern fore he became President. thousands of new American jobs. was with terrorists from overseas feared to He has taken credit for something he The Associated Press reports that be plotting attacks in the United States. But didn’t do. ‘‘many of the announcements reflect that’s no longer the case. The FBI and Jus- corporate decisions that predate tice Department have been preoccupied with According to the AP: violent extremists from inside the U.S. who The head of the Air Force program an- [Trump’s Presidential] election,’’ mak- are inspired by the calls to violence and nounced significant price reductions in the ing it unlikely his administration ‘‘is mayhem of the Islamic State group. The Jus- contract for the Lockheed F–35 fighter on the sole or even primary reason for the tice Department has prosecuted scores of Is- December 19—after [candidate] Trump, expected hiring. . . . In the case of lamic State-related cases since 2014, and [President-Elect Trump] had tweeted about Intel, construction of the Chandler, Ar- many of the defendants are U.S. citizens. the cost but weeks before he met with the izona, factory referred to by Trump ac- Another statement by President company’s CEO. tually began during Barack Obama’s Trump last night: The AP goes on: presidency. The project was delayed by ObamaCare is collapsing . . . imploding Pentagon managers took action even be- insufficient demand for Intel’s high- Obamacare disaster. fore the election to save [this] money. . . . powered computer chips, but the com- The AP writes: Richard Aboulafia, an analyst with the aero- pany now expects to finish the factory There are problems with the 2010 health space consulting firm Teal Group, said there within four years because it antici- is no evidence of any additional cost savings care law, but whether it’s collapsing is hotly as a result of President Trump’s actions. pates business growth. disputed. Another statement made by Presi- One of the two major components of the Here is another statement made by dent Trump last night in his speech: Affordable Care Act has been a spike in pre- the President last night: miums and a drop in participation from in- We will stop the drugs from pouring into surers. But the other component, equally im- We will provide massive tax relief for the our country and poisoning our youth, and we middle class. portant, seems to be working fairly well, will expand treatment for those who have be- even if its costs are a concern. I remember that one. That is some- come so badly addicted. Trump and congressional Republicans thing I hope we all can aspire to, but The facts: want to repeal the whole thing, which risks let me tell my colleagues what the As- Addicts and mentally ill people who gain leaving millions of people uninsured if the sociated Press says about that claim. access to treatment programs for the first replacement plan has shortcomings. Some Trump has provided little detail on how time as a result of ObamaCare—the Afford- critics say GOP rhetoric itself is making this would happen. Independent analyses of able Care Act—are worried about repeal that things worse by creating uncertainty about his campaign tax proposals found that most President Trump has called for. Repeal could the future. of the benefits would flow to the wealthiest end coverage for 1.8 million people who have The health law offers subsidized private families. The richest 1 percent would see an undergone addiction or mental health treat- health insurance along with a state option to average tax cut of nearly $215,000 a year, ment, cut $5.5 billion on spending on such expand Medicaid for low-income people. To- while the middle one-fifth of the population services according to estimates by economist gether, the two arms of the program reach would get a tax cut of just $1,010, according Richard Frank, a former administration offi- more than 20 million people. Republican governors whose states have to the Tax Policy Center, a joint project cial under Barack Obama, now with the Har- expanded Medicaid are trying to find a way with the Brookings Institution and Urban In- vard Medical School. to persuade Congress and the administration stitute. The AP goes on to say: to keep this expansion, and maybe even build Here is another statement the Presi- The key question is what will happen to on it, while imposing limits on the long-term dent made last night: Medicaid as a result of changes Republicans costs of Medicaid.

VerDate Sep 11 2014 04:32 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.020 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1525 While the Medicaid expansion seems to be Loyola in Chicago. I have met most of They are immigrants to this country. working, the markets for subsidized health them. Each and every one of them is In this case it is Muslim immigrant to insurance are stressed in many states. Also more inspiring than the next. this country who someday will be an affected are millions of people who buy indi- They opened up the competition. exceptional doctor, who is going to vidual policies outside the government mar- They didn’t give them slots to fill. kets, and face the same high premiums with give 4 years of her life back to my no financial help from the health law. Larry They said: Compete with everyone. home State and then is going to help Levitt of the nonpartisan Kaiser Family These students were so outstanding others all across the United States. Foundation says ‘‘implosion’’ is too strong a from across the United States that That, to me, is an image of immigrants term. An AP count found that 12.2 million they made it to Loyola. that shouldn’t be lost with the nega- people signed up for this year, despite the This young lady, in her third year, tive connotations that were raised last Trump administration’s threats to repeal the faces another 6 years of education be- night. law. fore she completes her medical degree. I yield the floor. I might add, that it is despite all of When she is finished with those 6 years, The PRESIDING OFFICER. The Sen- the speeches made on the floor of the it isn’t over. In Illinois, we told her she ator from West Virginia. Senate and the House, promising that could go to school, but it was part of a MINERS PROTECTION ACT it would be repealed as well. contract. She could attend school, and Mr. MANCHIN. Mr. President, I rise The last point I want to make is this. we would reduce the interest payments today to call for immediate action on I was troubled last night by a recurring at a later part in her life if she gave us the Miners Protection Act. Today, as theme in the President’s speech. It was 1 year of service in an underserved we sit here, 22,600 miners have received a theme about immigration in the community in Illinois for each year of letters. This is a copy of the letter, and United States. We are a nation of im- medical school. She has 6 years of I am going to read it to you. This is a school left and 4 years of serving in a migrants. My mother was an immi- letter they received today letting them rural community or an underserved grant to this country. I am proud to know their healthcare benefits will be neighborhood clinic in the city of Chi- serve as a Senator from the State terminated at the end of April. This cago or nearby. where she and her family settled. I am letter basically says: proud of the struggle they went She signed up for it. She is an amaz- ing young person. She is determined to The UMWA 1993 Benefit Plan notified you through—coming to this country, not in December 2016— knowing the language, going through get this medical degree—despite the This is one of multiple letters they some pretty rough times, facing pov- debt, despite the obstacles. The only received. Can you imagine getting a 4- erty, taking the dirtiest and toughest reason she can do this is because she is month extension? Then by law you jobs. Because of that, the second gen- protected by something called DACA. have to have 90 days before they can eration of my family—the one I rep- Let me explain. Some 16 years ago, I terminate you. Every time you get an resent—has brought some great people introduced a bill called the DREAM extension, within 30 days you get an- to this world in our own families and Act. It said that if you were brought to other letter saying you are going to be perhaps even added to the benefits of the United States, like she was, under terminated. That is the inhumane the United States for others. the age of 16, you had a good life, no Last night, if you listened to the criminal record or history of a prob- treatment our retired miners and characterization of immigrants, it was lematic nature, and completed your mostly widows are receiving— negative, virtually from start to finish. education, you can stay in the United that the U.S. Congress had passed the Con- In the audience last night, I had a States and eventually work your way tinuing Health Benefits for Miners Act, which provided for the transfer of federal young lady as my guest. She is an ex- toward legalization. President Obama took it up and cre- funds to the Plan to cover the health care traordinary lady. Her name is Aaima ated an Executive order called DACA benefits you receive through April 30, 2017. Sayed. She is Pakistani, and she was and said to the young people in that The Plan cautioned that further Congres- brought to the United States at the age sional action would be necessary in order for situation: Come and apply, pay a $600 of 3 by her parents from Pakistan. the Plan to provide health care coverage to filing fee, then go through a criminal They settled in Chicago and eventually you after April 30. At this time, Congress has background check, and if you make it, moved to New Jersey. It turns out the not taken the action needed to continue we will give you 2 years to live in the family had its difficulties and the your benefits. Unless Congress acts before United States without fear of deporta- the end of April, the 1993 Benefit Plan will mother and father split and separated. tion, with a work permit. not be able to provide you with the health When the father left, he left behind his She signed up. That is how she can go benefits that you have been receiving from paperwork—which was in place or at to medical school. You need to work to the 1993 Plan, and those benefits will termi- least in the process—of trying to legal- go to medical school. She is going nate effective May 1, 2017. In addition, your ize the presence of his family, and through a clinical experience where she Funds’ Health Service Card will no longer be valid. nothing was done. is actually working in these hospitals. It wasn’t until she was in high school Without a work permit, she wouldn’t Can you imagine a 75- or 80-year-old that this young lady realized that she be able to complete medical school. woman—a lady, a widow—who has lost was undocumented. That creates obsta- The obvious question is this: What is her husband, probably because of black cles for any young person. In her case, going to happen to this program under lung, and all the work he did for our a special obstacle was the cost of high- President Trump? In fairness, the country and for himself and his family, er education. As an undocumented President has said positive things and she has received that three times child in America, she didn’t qualify for about DACA and DREAMers. I thanked or more now—not knowing what in the government assistance—Federal Gov- him personally. I have only met him world or why they can’t do something ernment assistance—and limited State three times, but I thanked him person- that we promised, something that was assistance. Yet she aspired to go on to ally twice for doing that. I hope that it done in 1946, where the Krug amend- school and to borrow the money, if nec- means that ultimately there will be ment and the Krug act basically said essary, at high interest rates from pri- some path for the 750,000 young people, that we would take care of our miners vate sources in order to finish her edu- just like her, who are simply asking for so that they would have permanent cation. She graduated from Rutgers a chance to be educated and be part of healthcare and a pension. It was not University magna cum laude and then America’s future. done by taxpayers’ dollars. It was done wanted to go to medical school. I hope that, as people who listened to by the coal they mined. For every ton There weren’t many medical schools the speech last night think about im- of coal, there would be so much set accepting undocumented students, but migrants to the United States, they aside. Then we had the bankruptcy there was one. I am proud to tell you will think about this young woman, as laws happen in the 1980s, which basi- that it was Loyola University of Chi- well, who has worked so hard her en- cally destroyed a lot of companies for cago, the Stritch School of Medicine. tire life to better herself and to be able paying into it. Then we had the crash There were about 65 undocumented to help others at a later point in life. of 2008, which took it further down. young people in medical school in the She is an extraordinary person, and Now we stand here today, and we United States, and 30 of them were at there are so many more just like her. have a fix coming out of the AML, the

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.021 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1526 CONGRESSIONAL RECORD — SENATE March 1, 2017 abandoned mine lands, coming, again, leadership—and let them know how Mrs. MURRAY. Mr. President, I ask from coal that was mined to pay for much you support this, and let us put unanimous consent to speak as in the miners’ pension and benefit plan, this behind us because we can fix it morning business. and we can’t get it done. once and for all. The PRESIDING OFFICER. Without I will tell you, if that piece of legisla- We were told to get a legislative objection, it is so ordered. tion was allowed to be voted on to- hearing, and we did that. We were told FAMILY PLANNING PROVIDERS night, we would have well over 60 to go through regular order. We went Mrs. MURRAY. Mr. President, thank votes, bipartisan. My Republican col- to the Finance Committee, and it was you, and thank you to some of my col- leagues and all of our Democrat col- passed out—bipartisan, overwhelm- leagues who are going to be joining me leagues here understand the impor- ingly bipartisan. on the floor this afternoon. tance of the working people. I know we have the 60 votes. I was The day after President Trump was President Trump is speaking about told we have to reintroduce it again. inaugurated was one of the most in- this every time. Last night he shouted So here we are. I reintroduced it, and spiring I have ever gotten a chance to out to miners. I was so pleased. I have we have bipartisan support again. We be part of. Millions of people, men and not heard that since I have been here— are ready to go. women, marched in Seattle, in Wash- anyone saying: Thank you for the job Why do we put these people through ington, DC, and in cities and towns in you have done. We are not leaving you this type of agony? I don’t know. We between. They carried signs, they behind. You have given to this country have so many other challenges, and we chanted, and they made it absolutely the country we have, the superpower of have to come together. This is one we undeniably clear that when it comes to the world. You have produced the en- have already agreed we are together on women’s rights and healthcare, people and can’t move it. ergy through the toughest of times, across the country do not want to go I know you have always been a dear and we appreciate that. backward. Since then, they have con- I was very, very appreciative to see friend and supportive, and you know the hard work our people have done, tinued to speak up and stand up. that type of recognition. I can’t tell But we are here today because Don- and I appreciate that. However, it is you how much more appreciative I ald Trump and Republicans in Congress time to act. It is time to get this done. would be right now to see us as a bipar- simply are not getting the message. I tisan group—Democrats and Repub- If we wait until April, that is exactly when our continuing resolution is com- want to discuss one crucial example in licans—standing up for the working particular—the possibility that in a people that we talk about every day ing up, and, basically, we have no budg- et to work off of. So we have to do an- matter of days, Senate Republicans and saying: Listen, as to the pension could roll back a rule protecting fam- guarantee act, which basic to the Min- other extension until we can get some- thing more permanent. They could get ily planning providers from being dis- ers Protection Act, we are going to criminated against and denied Federal pass that. We are going to put this caught up in that CR again. We are going to say: We are sorry; we couldn’t funding. aside. We don’t have to worry about Let me start by explaining a bit this anymore. We have done it. get it done, but we will give you an- other 2, 3, or 4 months. about what family planning providers That is all we are asking for. Every- mean to our community. These pro- body who has joined me in this journey I can’t go home and continue to tell these wonderful people who have been viders—part of the Title X program, understands that we are all fighting for which has bipartisan history—deliver the working people, which is what we so good and so patient that I am sorry, but we just have to wait another few critical healthcare services nationwide were sent here to do, from your won- months. but are especially needed in rural and derful State of South Carolina to my When is enough enough? When are frontier areas. In 2015 alone, Title X beautiful State of West Virginia. They those few months going to be up and provided basic primary and preventive depend on us. The retired miners are we do the right thing? I am asking all healthcare services, such as Pap tests, walking our halls. Maybe you have of you; I am asking all of my col- breast exams, birth control, and HIV seen them. If not, I am sure they will leagues: Please, this is one time when testing, to more than 4 million low-in- come by and say hi to you. They are we can do something and feel good come women and men at nearly 4,000 very appreciative of the consideration about it and go home over the weekend health centers. In my home State of we are all giving them. They are hop- and go back to our constituents and Washington, tens of thousands of pa- ing we finally get this done. tell them that this one is finished, that tients are able to receive care at these I am doing it for them and for their we fixed this. families and what they have done for centers each year. They often have no- I am asking for that vote. I would en- where else to turn for healthcare. In our country. The 4-month extension is courage all of my colleagues to do the not even humane. I have said that. My fact, 4 out of 10 woman who receive same, to speak to the leaderships to care at health centers funded by Title reason for saying that is that these make sure that we can move the min- people can’t comprehend it. I can as- X consider it to be their only source of ers protection and make sure the min- healthcare. sure you that, when I go back to my of- ers get the healthcare and the pension fice after I leave the floor, I will get Taking resources away from these benefits they were guaranteed and they providers would be cruel. It would have phone calls: JOE, they are going to take have been promised and which has been the greatest impact on women and my healthcare again. What am I going kept until now, and that we are not to do? families who are most in need. But going to let them down. that is exactly what the law passed in I keep saying: Ma’am, please, trust With that, Mr. President, I thank us; hold tight. the House, which is now on its way to you, and I thank all of my colleagues the Senate, would mean. It would undo We could have had this fixed before. for the support we have been receiving. We kicked the can down the road 4 a valuable effort by the Obama admin- I am asking the majority leader to istration to ensure that healthcare pro- months. Now I have been told—and we please let us have this vote and put it viders are evaluated for Federal fund- all seem to accept it—that they are on the floor. Let’s go from there and ing based on their ability to provide going to do a permanent healthcare fix. see what happens. I am willing to do the services in question, not ideology. I am appreciative of that. The bottom that. line is that we have pensions out there I suggest the absence of a quorum. In doing so, the bill would make it even hanging, which is going to be a bigger The PRESIDING OFFICER. The easier for States, led by extreme politi- albatross around us if we don’t some- clerk will call the roll. cians, to deny family planning pro- thing, and we have a chance to fix it all The legislative clerk proceeded to viders Federal funding, not because of and put that aside. call the roll. the quality of the care they provide or I spoke to President Trump, and I am Mrs. MURRAY. Mr. President, I ask the value to the communities they hopeful that he will speak out on this, unanimous consent that the order for serve but based on whether the politi- and he has spoken out. He has told me the quorum call be rescinded. cians in charge agree that women that he supports it. The PRESIDING OFFICER (Mr. COT- should be able to exercise their con- I said: Please, Mr. President, speak TON). Without objection, it is so or- stitutionally protected rights to safe, to our friends on the other side—our dered. legal abortion.

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.023 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1527 It is the 21st century. It is time for More than ever right now, facts mat- insurance, I turned to Planned Parenthood politicians to stop telling women what ter. Research matters. Talking away for birth control. With the sliding pay scale, they can and can’t do with their own women’s access to birth control and I was able to get exams and birth control within my budget. We were able to decide bodies. That is what the women and family planning will lead to more abor- the best time to have more children, which men who have been marching and tions, not fewer abortions. Yet this leg- also allowed us to responsibly manage our fi- speaking up all over our country be- islation is part and parcel of a broader nances as well. An unplanned pregnancy at lieve. That is what I believe. It is what national campaign against Planned that point would have destroyed the little fi- Democrats believe. Parenthood, whose clinics have been nancial stability we had. I don’t know where If Leader MCCONNELL thinks he can the target of vilification, of threats, our family would be without Planned Par- rush this harmful legislative effort and of violence. In October of last year, enthood. through without a fight, we are here to the Planned Parenthood clinic in Karla Canderhoof is a stay-at-home say he is wrong. He can expect Demo- Claremont, NH, was vandalized not mother in Newfields, NH. She wrote crats and maybe even some Repub- once but twice. The second attack, a this: licans who are concerned about losing breaking-and-entering incident, caused After being diagnosed with ovarian cyst healthcare providers in their own extensive damage. It forced the clinic issues that caused debilitating pain, I turned to close for 5 weeks. to Planned Parenthood for treatment. In my States to fight back. So today I am case, the treatment for ovarian cysts was calling on the leader to commit right I have great admiration for the cour- birth control. At the time (during my college now to drop this effort and agree not to age of doctors and other healthcare years) I could not afford the cost of birth bring this bill to the floor. It is well providers at the Claremont clinic. De- control due to my lack of insurance. But past time that extreme Republicans spite threats and attacks, they are de- Planned Parenthood gave me birth control end their damaging political attacks termined to continue serving women free of charge. on women. I think the opportunity to across the Connecticut River Valley, Amanda Arel of Rochester, NH, sent start that is right this minute. So we many of whom have no alternative to this message: urge him to take this action and not the Claremont clinic. They are typical During the ages of 22 to 25, I utilized bring this to the floor. We want him to of the dedicated healthcare profes- Planned Parenthood for my annual exams know that we are going to fight back sionals at Planned Parenthood clinics and birth control. As I did not have insur- ance and was in college, I was not able to af- every step of the way if he does. all across our country. The good news is that, according to ford most medical care. Planned Parenthood I yield the floor. not only provided me with essential care, The PRESIDING OFFICER. The Sen- poll after poll, the American people they made it very comfortable for me and ator from New Hampshire. across the political spectrum—from were very knowledgeable and answered any Mrs. SHAHEEN. Mr. President, I Independents, to Libertarians, to questions I had. They provided birth control came to the floor to join my colleague Democrats, to Republicans—strongly for me that, if it wasn’t for them, I would and friend Senator MURRAY to say that support Planned Parenthood and op- not have been able to get, at a cost I could I, too, am ready for this fight to oppose pose efforts to take away women’s abil- afford. S.J. Res. 13, which would allow the dis- ity to choose Planned Parenthood as I still support Planned Parenthood crimination against Title X family their healthcare provider. because they provide safe, affordable planning providers. This is a misguided At last night’s Presidential address healthcare for all, and that is so impor- measure that would leave millions of to Congress, I was honored to have as tant. women and families with fewer my guest Jennifer Frizzell of Planned We need to listen to our constituents, healthcare options. It would dras- Parenthood of Northern New England. those who are speaking out in pas- tically decrease women’s access to Jen knows exactly what is at stake for sionate support of Planned Parenthood basic primary and preventative health women if President Trump and Repub- and other family planning clinics. services, including lifesaving cancer lican leaders succeed in closing hun- As Senator MURRAY said so elo- screenings and HIV testing. dreds of Planned Parenthood clinics quently, this is about respecting wom- Make no mistake, as Senator MUR- across the United States. en’s access to healthcare services, in- RAY said, the primary target of this So let’s be clear again: Supporting cluding those millions of vulnerable legislation is Planned Parenthood. For family planning clinics is not about women who have nowhere else to turn years now, Republican leaders in Con- abortion, which by law is never funded for essential care. This is also about re- gress have tried to keep women from by taxpayer dollars—something that I specting women’s constitutionally pro- choosing Planned Parenthood as their think is often misrepresented by some tected right to make our own reproduc- healthcare provider—this at a time of our colleagues here in Congress. tive choices. We must not allow Con- when Planned Parenthood serves mil- What this is about is ensuring that gress to strip away Federal invest- lions of women nationwide, including American women have access to the ments in family planning clinics by al- nearly 12,000 women in New Hampshire, basic healthcare they need. For 40 per- lowing States to discriminate against my home State. Most of the women in cent of women, their visits to a family providers like Planned Parenthood. I urge our Republican colleagues, New Hampshire have incomes below or planning center is the only care they don’t bring S.J. Res. 13 to the floor. If near the poverty line. Many of those receive annually. In 2015 alone, Title X it does come to the floor, I certainly women live in rural areas where they provided basic primary and preventive intend to join in the fight with my col- don’t have other options for healthcare healthcare services, such as Pap tests, leagues—Senator MURRAY, Senator coverage. breast exams, birth control, and HIV BLUMENTHAL, and so many other Demo- The sad irony of this attack on testing, to more than 4 million women crats and, I believe, Republicans—to Planned Parenthood is that study after and men at nearly 4,000 health centers. I am sure that every one of our col- defeat this legislation. study has shown that cutting back ac- I yield the floor. leagues is receiving letters and emails cess to birth control and to other fam- The PRESIDING OFFICER. The Sen- and phone calls from constituents on ily planning methods actually in- ator from Connecticut. creases the number of abortions. So I this issue. They are pleading with us Mr. BLUMENTHAL. Mr. President, I understand that opponents are inter- not to take away their access to am proud and honored to follow my ested in supporting this legislation be- Planned Parenthood and the very distinguished colleague from New cause they think Planned Parenthood healthcare they trust and depend on. Hampshire, Senator SHAHEEN, and Sen- I received this message from Caitlin provides abortions, but the coverage ator MURRAY of Washington in this Planned Parenthood is providing to Parnell of Hampstead, NH. She said: cause which invokes a line that I think women in New Hampshire and across As a young mother of a 2-year-old, my hus- the President used last night in his ad- this country with Federal dollars does band and I knew we wanted to wait to have dress to us, pledging cooperation for not allow for abortions. So what we are more children. We were both working full time but barely making ends meet. The com- causes where we can make a common doing is taking away women’s access to panies we worked for offered health insur- cause. contraception and to other family ance, but they were small companies, and Surely no cause is more important planning services and saying: You have the monthly cost was well more than we than healthcare, no goal is more im- no choice now. could afford. So we went without. With no portant than preventive services for

VerDate Sep 11 2014 03:47 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.024 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1528 CONGRESSIONAL RECORD — SENATE March 1, 2017 women so we can all avoid the costs provider’s ability to provide care. That I particularly want to discuss the or- not only in dollars and cents but the is really the criterion that matters. ganization known as Planned Parent- cost of human suffering and foreclosed The ones who want to eliminate this hood, but, more generally, these wom- futures that will come when women are regulation apparently would rather en’s health centers, these title X denied these kinds of basic services. risk limiting access to healthcare in health centers, No. 1, provide many I met this morning with a group from order to score political points. Unfortu- healthcare services to women, particu- Planned Parenthood, patients and pro- nately, it is really that simple. larly low-income women. They are the viders working in clinics across New At a time when Republicans continue choice of those women. They are a England. They told me their story— to try to push ahead with repealing the place they have chosen to go to receive some of them patients, some of them Affordable Care Act, which also in- their healthcare treatment. service providers and volunteers— cludes essential support for preventive I do think that one of the problems about the kind of transformative effect healthcare, they also want to disrupt with this whole debate is the use of the that primary care, examinations and the country’s healthcare system for term ‘‘funding’’ of Planned Parent- screenings, can have for women who this kind of women’s healthcare. hood. What we are talking about here would otherwise lack those services. Just last night, after President is not funding, as in a budget line or a The community health centers cannot Trump claimed he wanted to work with budget provision that says: Planned substitute for them. Members of both parties to invest in Parenthood gets $58 million or $100 mil- Family planning programs under women’s health, we are threatened lion or $10, whatever it is. That is not title X are often the only Federal pro- with this step to eliminate an impor- the way it works. What we are talking grams dedicated to providing com- tant regulation that protects women’s about is reimbursement for women’s prehensive services in family planning health. I ask the President and my col- healthcare services provided on an in- but also in related preventive health leagues across the aisle to join in this dividual, case-by-case basis, and this services. common cause, which should unite us does not include abortion. It does not Over the past year alone, title X pro- on a bipartisan basis. If they want to include abortion. viders have provided cancer and HIV continue these attacks, we are ready These organizations in Maine— screenings, contraceptive services, and for the fight, but we would much rath- Planned Parenthood, for example, other primary and preventive services er cooperate and collaborate in the serves 10,000 people. Ten thousand to over 4 million women and men at cause of women’s healthcare. women choose to get their healthcare nearly 4,000 health centers in New Eng- I urge my Senate colleagues to listen services from Planned Parenthood. land and across the country. This net- to the kind of providers and patients The other piece of this debate I have work of healthcare providers is a safety whom I met with this morning, the never understood is why those who are net. They compose a network, the title kind of provider that Senator SHAHEEN opposed to abortion would be so op- X network, including providers of brought with her last night as her posed to organizations that allow State and local health departments, guest, the kind of providers and pa- women to make choices about preg- federally qualified health centers, and tients and volunteers who work in nancies and provide contraception and family planning councils. They create these clinics all across the country, contraception advice, which statis- a network that provides a critical whether it is Planned Parenthood or tically we know reduces abortion. source of healthcare to people who oth- other kinds of clinics. I ask them to In Maine, because of the access to or- erwise would be denied it. They are listen to the advocates here, sup- ganizations like Planned Parenthood trusted providers who are willing to porters, like the National Coalition of and other women’s healthcare clinics, serve the uninsured, the uninsured and STD Directors, the National Campaign we have seen our teen pregnancy rate low-income individuals who risk losing to Prevent Teen and Unplanned Preg- drop 58 percent in the last 20 years or all access to healthcare if it was not nancy, the American Psychological As- so—58 percent. That is a significant re- for this network. sociation, the National Association of duction, and it is attributable, at least These clinics are often the only County and City Health Officials, the in some significant part, to the avail- healthcare providers in rural areas and ACLU, and the American Medical Stu- ability of the services provided by other parts of the country. So the po- dent Association. They are just a few these organizations. litical attacks on providers that pro- of the stakeholders who advocate It has always struck me as ironic, in vide abortion services would mean a strongly that this regulation be contin- the extreme, that someone who says loss of access to all family planning ued and who oppose the step the House they are against abortion should be and preventive healthcare in these passed and that the majority leader against an agency that provides con- parts of the country—rural, metropoli- may bring to the floor. traception and family planning serv- tan, suburban. Not only are these serv- These people have dedicated their ices that prevent pregnancy and there- ices necessary, but family planning lives and their careers to assisting the fore prevent abortion. services are really good investments, vulnerable, whether they are providing I subscribe to President Clinton’s for- especially when it comes to the money healthcare or legal services or other mulation that abortion should be safe, that otherwise would be spent when ill- kinds of support, and they are saying legal, and rare. It should not be some- nesses or diseases become more serious. to us: Do not eliminate this regulation. thing that is chosen just casually—and In 2010, the $1.14 billion that was I think we ought to listen to them. I of course it isn’t. This is a terribly dif- spent in this country on family plan- hope my colleagues will. ficult decision for a women, but that is ning resulted in more than $8 billion in I am determined that we will fight not the subject today. The subject gross savings. That is a clearly worth- tooth and nail if we need to do so, but today is curtailing the reimbursement while investment. I would much rather that we follow the for women’s healthcare services to an The resolution that passed the House President’s offer and that we collabo- organization or organizations that may last month that Senator MCCONNELL is rate to stop the elimination of this reg- also provide abortion services. considering bringing to the Senate ulation, which is so important to mak- It is contrary to the very idea of try- floor would eliminate protections that ing sure that women’s healthcare is ing to prevent abortion, but it is also prevent discrimination against these based on quality, not on discrimina- denying healthcare services of choice very providers, discrimination based on tory reasons based on political motive. to thousands of women in Maine and facts or sometimes nonfacts that have The PRESIDING OFFICER. The Sen- millions across the country. nothing to do with the quality of care ator from Maine. I have sat in this body for 4 years and or the worthiness of the investment in Mr. KING. Mr. President, I rise to op- heard people talking about how con- these clinics and healthcare providers. pose S.J. Res. 13, which is a Congres- sumers and patients should be able to The regulation that Republicans are sional Review Act resolution to undo choose their physicians, they should be seeking to eliminate ensures that no the regulations which protect title X able to choose their healthcare options. qualified providers will be excluded health centers. I believe this resolu- This was a basic principle. It is one of from eligibility for Federal funding for tion, although well meaning, will have the arguments we have heard as we discriminatory reasons outside of that the opposite effect of its intention. have been discussing other healthcare

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To take this step that this reso- I hope my colleagues will vote no on man of the board of Walmart, the lution would entail would be very this resolution, and I believe it will world’s largest retailer and employer; shortsighted, and I believe it is a viola- serve the public and it will even serve and Tom Stephenson from Sequoia tion of the rights of those people to those people who are concerned most Capital, the venture capital firm out in choose their healthcare providers. deeply—and I understand—about abor- Silicon Valley. This Republican group It also does not achieve the ends that tion. If you want fewer abortions, fund proposed a ‘‘carbon dividends’’ plan. It the sponsors want to achieve. That is Planned Parenthood. It seems to me combines a carbon tax on fossil fuels— why I believe that this resolution—al- that is a fairly clear correlation, and it which reflects harm from carbon emis- though it may be denominated as is one we should respect. But we also sions which market economics ordi- something to do with being anti-abor- should respect the rights, needs, and narily requires to be built into the tion, I think it is just the opposite. If choices of those millions of women who price of the product—with a big divi- this resolution passes and these rely on these clinics for their dend returning all of the revenues to healthcare centers under Title X, in- healthcare needs aside from the issue the American people, and a reduction cluding Planned Parenthood, are un- of reproductive rights, just straight of regulations, which may be mooted able to deliver these services, there healthcare needs. That is what this by a good enough carbon fee. This idea will be more unwanted pregnancies and vote is all about. is actually not so different from my more abortions. I think that is a sad Thank you, Mr. President. own American Opportunity Carbon Fee and unfortunate outcome to be per- I yield the floor. Act. petrated by people who say they are I suggest the absence of a quorum. In their report, they all note that the trying to oppose abortion. The PRESIDING OFFICER. The ‘‘mounting evidence of climate change Planned Parenthood provides wom- clerk will call the roll. is growing too strong to ignore.’’ Many en’s healthcare services. It provides The senior assistant legislative clerk would say that it grew too strong to ig- contraceptive services. I know the peo- proceeded to call the roll. nore a good decade ago, but it is impor- ple in Maine who work for this agency, Mr. WHITEHOUSE. Mr. President, I tant that these Republican leaders and I know this is a terribly controver- ask unanimous consent that the order have acknowledged this. sial issue, but I believe that if what we for the quorum call be rescinded. They also said: ‘‘Economists are want to do is minimize the number of The PRESIDING OFFICER (Mr. nearly unanimous in their belief that a abortions, then it makes no sense TOOMEY). Without objection, it is so or- carbon tax is the most efficient and ef- whatsoever to somehow indiscrimi- dered. fective way to reduce carbon emis- nately strike out at the funding of the Mr. WHITEHOUSE. Mr. President, I sions.’’ agencies that provide healthcare serv- ask unanimous consent to speak for up This report lines up with many other ices. to 15 minutes as in morning business. Republicans outside Congress who sup- Nobody in this body is talking about The PRESIDING OFFICER. Without port a revenue-neutral carbon fee. It is Federal funds for abortion. That is not objection, it is so ordered. the favorite climate solution in con- what the issue is. If that were the CLIMATE CHANGE servative economic circles. Indeed, it is issue, this would be an entirely dif- Mr. WHITEHOUSE. Mr. President, I the only widely accepted climate solu- ferent debate. The issue is taking reim- am here today for the 158th time to ask tion among Republicans. bursement away from the Planned Par- this Chamber to wake up to the mount- The Niskanen Center, a Libertarian enthood clinic or Title X clinic for ing evidence of climate change. The think tank that spun off from the Cato mammograms, cervical exams, or other sad truth is that, in Congress anyway, Institute, last month wrote this: women’s healthcare services. Why this issue has turned starkly partisan The case for climate action is now so would we want to do that in the name thanks to a torrent of dark political strong that one would be hard-pressed to find of achieving some other goal that money that the fossil fuel industry a serious academic economist who opposes won’t even be achieved? In fact, it will uses to both threaten and reward the using market forces to manage the damage be made a more widespread issue. Republican Party in a dirty, dark done by greenhouse emissions. I hope the Senate will realize that money game of stick-and-carrot. Re- Like the Treasury Secretaries, whatever the motivation behind this publicans in Congress ignore climate economists and investors throughout provision is, it just makes no sense. It change for the simple reason that the the financial community are saying makes no sense from the point of view fossil fuel industry has become their loud and clear: We can no longer ignore of preventing abortion. It makes no political life support system. It does climate change. sense in terms of the taxpayers. Pre- not have to be this way. Goldman Sachs, for instance, in 2015 ventive services, contraceptive serv- Outside this Chamber, even Repub- did a report on the low-carbon econ- ices, cost about $200 a patient; a Med- licans see things very differently. In omy. It was called: ‘‘Goldman Sachs icaid birth costs about $10,000. If it is a the investment sector, where people equity investor’s guide to a low carbon Medicaid patient, those are taxpayer have to make decisions based on real world, 2015–2025.’’ So unless somebody dollars. We are talking about saving facts and where duties to shareholders here is going to say that Goldman taxpayers money. limit overly creative accounting, the Sachs is in on the hoax, Goldman This goes to the healthcare system in Republican signal is clear. Sachs is taking this pretty seriously. general: Why would we want to undo An impressive group of Republican Last year, the investment firm prevention, whether prevention of un- former Treasury Secretaries and Re- BlackRock, with more than $1 trillion wanted pregnancies or prevention of a publican former Presidential economic in assets under management, issued a disease? Prevention is part of the solu- advisers recently proposed a conserv- report titled: ‘‘Adapting Portfolios to tion to the healthcare crisis in this ative, market-based climate solution. Climate Change.’’ country because of the excessive cost. Republican Presidents trusted these I don’t think investors trust $1 tril- Here is a specific case. Again, we are folks with the conduct of the U.S. lion to a firm that falls for hoaxes. not talking about funding abortions. economy. Jim Baker was Secretary of BlackRock, like Goldman, knows that We are not talking about funding the Treasury under President Reagan, climate change is real and is helping Planned Parenthood. We are not talk- Hank Paulson was Secretary of the its investors plan for the economic fall- ing about funding these Title X health Treasury under President George W. out. centers. We are talking about pro- Bush, and George Shultz was Secretary BlackRock warns in its report: ‘‘In- tecting them in terms of their reim- of the Treasury under President Nixon, vestors can no longer ignore climate

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.027 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1530 CONGRESSIONAL RECORD — SENATE March 1, 2017 change. . . .’’ Parenthetical editorial action. For years, his law firm has en- and nonsense they have paid for inevi- comment: That is the job of Repub- couraged clients, including tably will come. licans in Congress. ExxonMobil, to disclose climate We in the Senate have a duty to the BlackRock also had something to say change-related risks to the SEC and to American people to find a way to com- about a price on carbon. They said this: investors. If he is confirmed, I hope he bat climate change. I realize this body ‘‘Higher carbon pricing would help ad- will enforce the SEC’s existing disclo- will need help in that task. We will dress [externalities from fossil fuels] sure requirements for climate risk and need help from the business commu- and would be the most cost-effective clarify that public disclosures should nity, which can apply its under- way for countries to meet their Paris include asset valuations based on glob- standing of market forces and risk agreement pledges.’’ al compliance with international trea- analysis to this challenge. It would So in the real world, where real deci- ties. Investors need climate change help if the fossil fuel industry would sions are being made by very smart risks disclosed against a ‘‘reality focus on the long term health of its people backed by real money, they are check’’ baseline that assumes inter- shareholders rather than on short-term telling their clients: You must take cli- national compliance with the Paris cli- gain. The fossil fuel industry should mate change seriously, and you must mate commitments. An assumption stand down the relentless political op- take carbon pricing seriously. that we fail should not be acceptable. position it has maintained to any cli- The BlackRock report had this data Slowly, investor disclosures are im- mate solution, and it should stand on prices that companies are setting on proving. Last year, New York attorney down the phony climate denial oper- carbon internally—in their own inter- general Eric Schneiderman forced Pea- ation it continues to support. nal accounting—across sectors, includ- body Energy to restate its disclosures. It will take all of us coming to- ing healthcare and energy and utilities. Just last week, Chevron acknowledged gether—companies, investors, regu- As we can see, the price per metric ton to its investors in an SEC filing that, lators, governments, citizens, Repub- ranges from a low of about $10 in infor- lo and behold, some of its products licans and Democrats—to achieve Don- mation technology, up to over $350 per ‘‘may be considered pollutants,’’ noted ald Trump’s once-stated goal of com- metric ton—internal costs of carbon ‘‘new conclusions about the effects of bating the ‘‘catastrophic and irrevers- ible effects of climate change’’—his accounting in these industries. the company’s operations on human quote: ‘‘catastrophic and irreversible The point ought to be pretty clear. health or the environment,’’ and they The business community is acting, in- effects of climate change.’’ acknowledged ‘‘an increased possibility I did not misquote President Trump, vestors are insisting on it, and a price of governmental investigations and, although he was Donald Trump then. It on carbon is a key part of the program. potentially, private litigation against was 2009, and this full page advertise- The legendary Wayne Gretsky’s rule the company.’’ ment was taken out in the New York was to ‘‘skate to where the puck is It is better late than never, I sup- Times declaring that the science of cli- going to be.’’ These major firms recog- pose. Now it is time for the rest of the mate change was ‘‘irrefutable’’ and the nize where the carbon economy is head- industry to report fully and fairly, first consequences of climate change would ing. We should too. We would, if it on the risks that shareholders bear be ‘‘catastrophic and irreversible.’’ It weren’t for the political mischief from assets that are wrongly valued was signed by none other than Donald wreaked in Congress by the fossil fuel now—that are falsely valued in their J. Trump, as well as his children, Don- industry. reports—and, second, on the company’s ald Trump, Jr., Eric Trump, and BlackRock and Goldman Sachs are potentially culpable behavior in cli- Ivanka Trump. They were right then. If not alone. The insurance and reinsur- mate denial. they get back to this, they will be ance industry is one of the world’s big- Institutional investors are joining in right now. gest investors, as well as one of the those efforts. Our Rhode Island pension The evidence and the science have world’s best analyzers of risk. Munich fund, managed by our treasurer, Seth only piled up since 2009. It is time for Re and Swiss Re, and others in prop- Magaziner, is pushing for greater all of us to heed the advice of our uni- erty casualty and reinsurance, warn us transparency on political and lobbying versities, our scientists, and the people that climate change is real and por- spending at large energy companies who actually know what they are talk- tends huge costs for society. Munich like Exxon, Chevron, ConocoPhillips, ing about, and put the arguments of Re’s head of risk accumulation in the and Devon. For the resolution filed at the fossil fuel industry where they be- United States said in 2015: ‘‘As a na- ConocoPhillips, Rhode Island was long—in the trash bin of history. We tion, we need to take steps to reduce joined by over 20 other cofilers, includ- need to wake up before it is too late. the societal impact of weather events ing the State of Connecticut, Senator I yield the floor. as we see greater variability and vola- MURPHY’s home State, whom I see here The PRESIDING OFFICER. The Sen- tility in our climate.’’ on the floor. ator from Connecticut. One of the biggest investors in the Just recently, the G20 nations—the 20 GUN VIOLENCE housing market is the Federal Home biggest economies in the world—set up Mr. MURPHY. Mr. President, last Loan Mortgage Corporation, Freddie a group called the Task Force on Cli- night, President Trump began his Mac. Freddie Mac has warned about mate-related Financial Disclosures. It speech with an appropriate reference to climate change impact on the real es- is made up of 32 members from large the anti-Semitic attacks that have oc- tate sector: ‘‘The economic losses and banks, insurance companies, asset curred all over the country. Two bomb social disruption may happen gradu- management companies, pension funds, threats were called into a Jewish com- ally, but they are likely to be greater credit rating agencies, and accounting munity center in the New Haven area in total than those experienced in the and consulting firms—you know, lib- in Connecticut. I visited that center housing crisis of the great recession.’’ eral extremists. And they are saying: and the staff and the kids of that cen- When we think of what we went Here it comes; let’s get ready. They ter, who are now being housed in a through in the housing crisis of the have asked that companies begin to nearby synagogue. He also condemned, great recession, wow, Freddie Mac is come clean on the climate risk they in strong terms, the murder of a young warning that the economic losses and face. man in Kansas City, the victim of an social disruption from climate change The big energy companies need to apparent hate crime, targeted for sim- in our housing markets are likely to be come clean on how much they are ply being a foreigner or being of a dif- worse. spending to deny climate science and ferent religion. We can’t know exactly These are all serious investors and where they are spending it, because, ul- what the reason was, but it was an at- they have serious warnings for us, and timately, it is their own investors who tack based on hate. ignoring all of them just to please fos- will be hurt by their irresponsibility. I want to tell my colleagues a little sil fuel industry patrons is a big, big Ultimately, all the phony climate de- bit about that young man, to begin mistake. nial they pay for is a fool’s errand be- with, as a means of, once again, coming Even President Trump’s nominee to cause the laws of physics, chemistry, to the floor of the Senate to tell my head the Securities and Exchange Com- and biology aren’t going away, and a colleagues about the victims of gun vi- mission, Jay Clayton, thinks we need day of reckoning for all this mischief olence in this country—the 86 or so

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.030 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1531 people every day who are taken by which President Trump talked about Teresa Robertson owned a floral shop guns, suicides, and murders and acci- this horrible shooting—moments later, in a beauty shop in Fairfax, OK. Fair- dental shootings; the 2,600 people a he referenced the daily slaughter that fax is a really small town, a really month whose lives are taken through happens in our cities. He spoke in front tight-knit community. It is still on gun violence, and the 31,000 a year. By of the joint session for, it seemed, near- edge because about a week ago, Tere- the way, that number is just the num- ly an hour and a half and offered abso- sa’s estranged husband walked into the ber of people who are killed. Those are lutely no solutions to do anything store, started shooting at Teresa, and the lives that are eliminated. There are about the cascading gun violence that then barricaded himself inside city another 75,000 every year who are in- is enveloping our Nation. hall, firing shots at the local police, jured by gun fire, whose lives are irrev- Irony of all ironies, the same week who returned fire, fatally killing Tere- ocably altered by that act of violence. that he is lamenting, eulogizing sa’s husband. Srinivas Kuchibhotla was a 32-year- Srinivas’s death in Kansas City, he is She had filed a protective order old engineer. He was working for signing a law passed by this body that against her husband about 2 weeks be- Garmin. He was just hanging out at a would allow for more people with seri- fore because she feared for her life. She bar. It was Austin’s Bar and Grill, and ous mental illness to get their hands filed for divorce a week later, and a he was enjoying the company of on guns. week following that, he shot her. friends. Witnesses saw a man enter the We don’t know the full story of Adam Laws can protect against something bar. He was agitated, and he was Purinton yet, but you have to imagine like that, right? We have the power to drunk. He was a patron of the bar. He that this was someone who was deeply stop that. In Connecticut, if you file a had left and he reentered, and he began disturbed. Maybe he was just drunk, protective order against a spouse who shooting at Srinivas and his friend. but in order to decide to pull out a gun you believe is going to harm you, the Witnesses say that the shooter told in a bar and shoot someone just be- police have the ability to take those Srinivas to ‘‘get out of my country’’ cause they look different than you do weapons away for the period of time in before killing him and then critically probably means that there is some- which you were adjudicating that pro- injuring his friend and an unbelievably thing going on—more than a few beers. tective order. If that law had been in effect in Okla- brave bystander who tried to stop the Mr. Purinton probably had some stuff homa, maybe Teresa Robertson would shooter. going on. He might have been mentally Hundreds of grief-stricken family ill. still be alive today and maybe her hus- members and friends gathered in his When I got here, I thought that one band would still be alive and maybe their two kids—ages 13 and 16— hometown in India for this young of the few things we agreed upon—Re- wouldn’t be without both of their par- man’s funeral. In accordance with publicans and Democrats, liberals and ents. Hindu tradition, his body was carried conservatives—was that if you were se- riously mentally ill, you probably The fact is, every single day, domes- on a carriage and his ashes were laid to tic partners—women primarily—are shouldn’t be able to buy a weapon, not rest. Friends said that his mother was killed or are shot by boyfriends or es- because people with a mental illness absolutely wailing as the carriage went tranged husbands. It often plays out are inherently dangerous—that is not by. just like this: protective order, divorce true at all—but because erring on the His mother had wondered whether filing, murder. That is on us. America was a safe place for her son. side of caution when it comes to some- We have the ability to protect women Months before the shooting, she asked one who is seriously ill would probably from their estranged husbands. There him to return to India if he was feeling be the safe thing to do. That used to be are laws. We can’t stop every shooting, insecure, but he told her he was safe, a bipartisan commitment. but it certainly can cut down on these A few weeks ago, this body passed a that he was fine. His wife also won- numbers. dered how safe it would be to stay in law to allow tens of thousands of peo- Two days later, emergency respond- the United States, but she said that ple who have serious mental illness, ers found 26-year-old Michael ‘‘Shane’’ Srinivas always assured her that only who have been judged by a government Watkins bleeding profusely from a gun- good things could happen to good peo- agency to be so sick that they can’t shot wound to the head on Berkshire ple. manage their own financial affairs, Avenue in Bridgeport, CT. He died He undoubtedly was a good person. they literally can’t cash a check, their shortly after arriving at the hospital. His family members remember him as Social Security check has to be sent to The police are still investigating the the kindest person you would meet. He someone else because they can’t man- shooting, but they believe that Shane was, in their words, ‘‘full of love, care age their affairs—we passed a law to was an innocent victim of a robbery and compassion for everyone. He never allow those people to buy guns. that went bad. uttered a word of hatred, simple gossip, Spare me your concern for the vic- His friends said that Shane was or a careless comment.’’ tims of gun violence if you are not will- someone who was always laughing, who His friends and family members re- ing to do anything about it and, in was always smiling, who had a good member him as ‘‘brilliant, well-man- fact, you are going to take steps to heart, was a caring person. A neighbor nered and simply an outstanding make gun violence more likely rather said that Shane was ‘‘always upbeat, human being.’’ than less likely in this country. So always joking, always smiling.’’ This He was ‘‘a very sharp, top-of-his-class 31,000 people a year, 2,600 a month, 86 a was a good kid. kind of guy,’’ said one of his classmates day—there is no other country in the He was a dedicated family man. He at the University of Texas at El Paso world in which this happens. There is was a long time employee of the local where Srinivas earned a master’s de- no other country in the world in which Stop & Shop. He was 26 years old. This gree in electrical and electronic engi- these numbers of people are dying from was a robbery gone bad. Shane Watkins neering. He was also an avid cricket guns. It is our fault because week after was one of those 86. player and a big fan of cricket as well. week, month after month, year after Twelve-year-old Kanari Gentry Bow- He was 32 years old. He was sitting at year, we do nothing about it, and now ers was playing basketball with friends a bar, enjoying time with his friends we are making it worse. in Chicago, IL, at Henderson Elemen- when a man who was at the bar, who In the 4 years after Sandy Hook hap- tary School. A stray bullet hit her on probably saw Srinivas, thought that he pened, I went back to tell people that February 11. For 4 awful, agonizing looked different from him and, filled we had done nothing. That was embar- days, Kanari sat lying unconscious in with hate, walked back into the bar rassing enough. Now I have to go back the hospital with a bullet lodged in her and shot and killed him. to the families of Sandy Hook and tell 12-year-old spine before she died on That is only one story from that day. people that when Congress thinks February 15. On average, there are 85 other stories about gun violence, we think about Her family released a statement that across the country in which people lose making changes in the law to make said: ‘‘Please keep your children close their lives to gunfire. What made me so gun violence more likely, to put more and do whatever it takes to protect mad last night was that after that mo- guns into the hands of dangerous peo- them from the senseless gun violence ment—that appropriate moment in ple. We are going backward now. in our city.’’

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.031 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1532 CONGRESSIONAL RECORD — SENATE March 1, 2017 That doesn’t sound exceptional, does He was a 5-year-old in an orphanage The PRESIDING OFFICER (Mr. it? ‘‘Please keep your children close in Taiwan, and then he was in the GARDNER). Without objection, it is so and do whatever it takes to protect United States with a dad and with ordered. them.’’ Think about that idea. Think superhero action figures, and now he is Mr. RUBIO. Mr. President, I ask about the idea that you can’t let your dead because somebody fired bullets unanimous consent that I be permitted children get far away from you in Chi- randomly into a church in Pomona, to enter into a colloquy with the Sen- cago today because they are not at risk CA. ator from Delaware. of getting lost; they are at risk of Why don’t we do anything about The PRESIDING OFFICER. Without being shot. this? We are not so coldhearted as to be objection, it is so ordered. The little girl had dreams of becom- unable to understand what life is like RUSSIA ing a judge. That is not something that for a mom and a dad who lose an 8- Mr. RUBIO. Mr. President, I am here a lot of 12-year-old girls are thinking year-old child. We are not so brain- to discuss, along with the Senator from about, but Kanari wanted to be a judge. dead as to not be able to comprehend Delaware, the issue of Russia. I know it She was described as a vivacious young the fact that every time someone is has been at the forefront of much of girl. shot, there are at least 20 people whose the debate that is ongoing in this coun- I hear President Trump talk about lives are permanently altered. try. I wanted to begin by commending Chicago all the time. He talks about The post-traumatic stress involved in the Vice President and Secretary of Chicago as though he cares, but he one shooting has enormous ripple ef- Defense and Secretary of Homeland Se- doesn’t propose anything that would fects. I have talked at length on this curity and Secretary of State for the reduce the trajectory of gun violence, floor about the constant grief that en- strong message of support for NATO. velopes my town of Sandy Hook be- the horror of living in neighborhoods That includes the President last night cause of what happened there. It will that you can’t let your child stray and their strong support, by the way, never end. more than a few feet from you without Now, instead of defending the status for the Transatlantic Alliance that fearing for their lives. He has proposed quo, we are talking about making it these individuals outlined during their nothing to do with making that city easier for deeply mentally ill people to respective visits to the Munich Secu- safer. get guns. A bill was just introduced on rity Conference and meetings with al- People say Chicago has some of the the floor of the Senate this week that lies in February. toughest gun laws in the Nation, yet it would allow for someone to carry a At that Munich Security Conference is one of the most violent places. Ex- concealed weapon anywhere in the Na- on February 18, the Russian Foreign actly, exactly: Chicago has some of the tion, regardless of what that local Minister, Sergey Lavrov, said: ‘‘I hope toughest gun laws in the Nation. New State jurisdiction wanted. If you had a [he means the world] will choose a York City has some of the toughest concealed weapon permit in Texas, you democratic world order, a post-West gun laws in the Nation. They are still would be able to walk into Manhattan one, in which each country is defined violent places. Why? Because the vast without any way for the local police to by its sovereignty.’’ I think that based majority of guns in those cities, the il- check you out. There is even an effort on recent history, it is clear that when legal guns that spread throughout the to make silencers legal. a Russian leader says ‘‘post-West,’’ we city like poison ivy come from outside Mr. President, 31,000 a year, 2,600 a should interpret that as a phrase to of Chicago. They come from Indiana. In month, 86 a day. I have come down to mean post-America. New York, they come from South Caro- the floor I don’t know how many So I would ask the Senator with re- lina. They come from North Carolina. times—certainly not as many as Sen- gard to this, what are his views with They come from places in which it is ator WHITEHOUSE but many times to regard to Vladimir Putin’s desire to es- easy to buy a gun without a back- tell the stories of the victims. I told a tablish spheres of influence in Europe ground check at a gun show or on the few more this afternoon because if the and the Middle East, create divisions internet. They flow into these cities data doesn’t move you—again, only in with our allies. How should we view the and become used in murder after mur- this country; in no other country in Russian world view as it compares to der. the world does this happen—then the national interests of the United If you don’t have a Federal require- maybe the stories of these victims will States? ment that background checks have to move you. Maybe being able to put Mr. COONS. I would like to thank my be conducted wherever you buy a gun, yourself in the shoes of a mom who lost friend, the Senator from Florida, my no matter how strong the laws of Chi- a child, of a husband who lost a wife colleague on the Foreign Relations cago are, they can’t be protected; 12- way before their time, will move you to Committee and on the Appropriations year-old girls can’t be protected. action. Committee. I would like to answer his This was all in February, by the way. This is only controversial here. Nine- question by saying, it seems clear to This was all in the last 3 weeks. ty percent of the American public all of us on the Foreign Relations Com- On February 20, some friends got to- wants us to move forward with the uni- mittee who have had the opportunity gether at a local church in Pomona, versal background checks. The major- to travel to Eastern Europe to visit CA, and all of a sudden, gunshots start- ity of Americans think these super- with our NATO allies that Vladimir ed firing through the windows and the powerful military weapons should stay Putin has a world view and an agenda walls of this church—a drive-by shoot- in the hands of the military and law that is in sharp contrast with our own. ing. enforcement. Everybody out there Vladimir Putin dreams of returning You know who was dead at the end of wants to give law enforcement the Russia to the days of the Russian Em- that? An 8-year-old little boy named tools and the funding necessary to pire, to reexerting influence over a Jonah. He was adopted from an orphan- carry out the existing law. It is not broad geographic region from the Bal- age in Taiwan. He had been in the controversial out in the American pub- tic Sea and Poland and Ukraine to the United States for only 3 years. His lic; it is only controversial here. Caucasus and Central Asia. He has in- It is about time that we do some- adoptive parents and his friends—you ternally used the West and NATO as a thing about this epic level of carnage should read what they say about this scapegoat for Russia’s internal eco- that continues to plague our Nation kid: ‘‘He had an infectious smile and nomic woes. He has, as we know, and have some response to these voices launched invasions or extended his in- loved everyone and everything.’’ of victims that seem endless. He was still learning English, but I yield the floor. fluence through forces and supported with his playful demeanor, he had I suggest the absence of a quorum. illiberal and separatist fighters in adapted almost immediately to life in The PRESIDING OFFICER. The Georgia and Ukraine and Moldavia, the United States. He loved wrestling clerk will call the roll. former Soviet republics, and has with his adoptive dad, running, laugh- The legislative clerk proceeded to launched cyber attacks and propaganda ing. He loved superheroes. He was al- call the roll. campaigns and coordinated the use of ways injuring himself jumping off of Mr. RUBIO. Mr. President, I ask all his tools of state power against our something. He loved living in this unanimous consent that the order for NATO allies in the Baltic region and country. the quorum call be rescinded. Central and Western Europe.

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.033 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1533 All of these things suggest a very dif- for, which some may call Western val- both of us serve on, but Russian intel- ferent world view, a different set of val- ues, and perhaps that is the right ter- ligence has plotted at a very aggressive ues than we have in the United States minology, but I really believe in uni- level to disrupt their elections late last and a different set of values in a way versal values: the idea that people year. that really worries me. As my col- should have a role to play in choosing Moscow has used TV and Internet league from Florida has suggested, their leader, that people should have a outlets like Russia Today, or RT, and when Foreign Minister Lavrov talks freedom to worship as they see fit, that Sputnik to launch propaganda cam- about a world order defined by sov- people should be able to express their paigns to galvanize anti-EU extremists ereignty, he is challenging us. He is opinions and ideas freely without fear ahead of the Dutch elections. The list challenging what the West really of retribution or punishment by the goes on and on. There is no shortage of stands for, what we in America stand government. them. for. These are the values I think we have The point is, we are in the midst of I believe what we stand for is the uni- stood for and that our allies have stood the most aggressive, active measures versal values on which we forged the for and that we had hoped Russia would ever undertaken by a foreign govern- Transatlantic Alliance more than 70 stand for in this new era, but Vladimir ment to not just meddle in American years ago, a Transatlantic Alliance Putin viewed that as a threat. In par- policy debates and American elections that has been a force for stability and ticular, over the last number of years, but in those throughout the free world, good in the world, a Transatlantic Alli- he has decided the best way for him to and it is deeply concerning. ance that has secured peace in Western secure his place in Russian politics is I think another matter that I would Europe, North America ever since the through an aggressive foreign policy in love to hear the Senator’s opinion on is close of the Second World War but a which he views it as a zero-sum game. on the issue of human rights violations Transatlantic Alliance that is rooted That is not the way we view it. We because, on top of being a totalitarian in values, values of freedom of speech, actually view the world as a place state, what goes hand in hand with to- freedom of press, rule of law and de- where we can help rebuild Japan; we talitarianism are human rights viola- mocracy, and in opposition to can help rebuild Germany. They are tions. In fact, totalitarianism is, in and authoritarianism. stronger, and we are stronger. It isn’t of itself, a human rights violation; that We support American leadership be- one or the other. there can be no dictatorship, no repres- cause a stable and prosperous world He does not see it that way. He views sive regime, no totalitarian leader who makes us safer and more economically the world as a place where in order for can maintain themselves in power secure. So I would ask my friend from Russia to be greater, America has to be without violating the human rights of Florida what he views as the agenda or less; in order for him to be more power- their people. So I would ask the Senator—I would the objective of Russia and whether we ful, we have to be less powerful, and it love to have his comment on whether can be hopeful, in any way, that Vladi- is a world in which he has to under- or not, indeed, Vladimir Putin is a se- mir Putin’s Russia has an agenda that mine democratic principles and try to rial human rights violator and what is harmonious with ours, that can be expose them as fraudulent. our policy should be in terms of out- put in the same direction as ours or That is why you saw the Russian in- lining that to the world. whether it is fundamentally at odds. telligence services meddle in our elec- Mr. COONS. We have worked to- Mr. RUBIO. To answer that question, tions in 2016. One of the main designs gether on a number of bills in this I would begin by reminding everyone they had was to create doubt and insta- area. Let me respond to my friend the that when we are talking about Russia, bility about our system of government Senator by saying it is clear that we are not talking about the Russian and to not just discredit it here at Vladimir Putin’s Russia has been a se- people. We are talking about Vladimir home but to discredit it around the rial human rights violator. When we Putin and the cronies who surround world. talk about human rights, we talk him and their goals for the future. We I just returned from Europe a week about things that belong to everyone, have no quarrel with the Russian peo- ago. Germany and France, which both and they are necessary as a check on ple, who I actually believe would very have upcoming elections of their own, state power. When nations break these much want to have a better relation- are seeing an unprecedented wave of rules, we believe they should be held ship with the United States and cer- active measures on the part of Russian accountable. tainly live in a world in which their intelligence to try to influence their Russia continues to engage in efforts, country was more like ours than the elections. In the Netherlands, we have as my colleague said, that undermine way their government now runs theirs. seen some of the same. So this is very democracy in free elections throughout The second thing I would point to is, concerning. Europe. We have shared concerns about it is important to understand history. Our European allies are very con- the upcoming elections—the Dutch At the end of the Second World War, cerned about the weaponization of elections, French, and German elec- Nazism had been conquered, and the cyber technology to strategically place tions—where there are overt actions Japanese Empire and its designs had information in the public domain for and covert actions by Russia to influ- also been ended, fascism defeated. The purposes of undermining candidates, ence the outcome of those elections, United States and the world entered steering elections, and undermining but part of why they are doing that, this period of a Cold War, a battle be- policymaking. part of why they are violating these tween communism and the free world. I want everybody to understand this norms around Europe is because they The United States and our allies stood is not just about elections. The exact are seeking to distract from their bru- for that freedom. At the fall of the Ber- same tools they used in the 2016 Presi- tal rule at home. lin Wall, the end of the Soviet bloc, the dential election, they could use to try The reality is, many of the critics of fall of communism, the world we all to influence the debate in the Senate Putin’s regime end up dead or incapaci- hoped had entered into this new era, by attacking individual Senators or in- tated. where every nation had a different sys- dividual viewpoints and using their Boris Nemtsov, a Russian politician tem—maybe some had a parliamentary control over propaganda to begin to who supported the introduction of cap- system, maybe some had a republic, spread that. italism into the Russian economy and such as ours—but in the end, more peo- I will give you just one example, and frequently criticized Vladimir Putin, ple than ever would have access to a that is in May of 2015, the German in- was assassinated 2 years ago, on Feb- government responsive to their needs. telligence agencies reported an attack ruary 27, on a bridge just near the That was the growing trend around on the German Parliament, on energy Kremlin in Moscow. the world, up until about 7, 8, 10 years companies, on universities. They at- Vladimir Kara-Murza, a Russian poli- ago. We now see the opposite. We see a tribute that to Russian hackers. tician and journalist, was apparently rising arc of the totalitarianism, and In Montenegro, the Prime Minister poisoned last month, the second time within that context is where I believe has sought membership in NATO, an in recent years. He had been actively Vladimir Putin’s world view is con- action we have supported in the Senate promoting civil society and democracy structed. He views the values we stand Foreign Relations Committee, which in Russia.

VerDate Sep 11 2014 00:57 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.038 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1534 CONGRESSIONAL RECORD — SENATE March 1, 2017 Back in September of 2012, Putin Mr. RUBIO. That is the central ques- We have had two Presidents—a Re- threw USAID out of Russia altogether, tion. The first is what we are doing publican and a Democrat—previous to claiming that U.S. efforts were under- now, which is an important part: shin- the current President who thought mining Russian sovereignty when, in ing the sunlight on all of it, making they could do such a deal with Vladi- fact, we had been working in Russia people aware of it. For example, we mir Putin. Both of them fell on their since the nineties, supporting human know in France two of the leading can- face because they did not understand rights, independent journalism, and didates have views that I think the what they were dealing with. It is my promoting fair elections. Kremlin would be quite pleased with, if sincerest hope that our current Presi- Most importantly, in my view, Rus- that became the foreign policy of dent doesn’t make the same mistakes. sia doesn’t just violate the human France—a third, not so much. He is a In addition to that, I know there are rights of its own citizens, it exports very young candidate running as an a number of legislative approaches that brutality. independent. His last name Macron. we have worked on together, as mem- Russia’s support for Bashar al- Suddenly, as he began to surge in the bers of both the Senate Foreign Rela- Assad’s murderous regime and brutal polls, all these stories started appear- tions Committee and the Senate For- war in Syria continues. Their military ing, ridiculous stories about his per- eign Operations Appropriations Sub- has targeted hospitals, schools, and sonal life, about his marriage, things committee, and I would ask the Sen- Syrian first responders. They have that are completely false, completely ator from Delaware if he could high- blocked the provision of food and medi- fabricated. Fortunately, French soci- light some of those legislative matters cine to starving families and children. ety and the French press understands that we have been talking about: reso- Russia’s diplomats have vetoed any ef- this and has reported it as such. lutions, laws, and public policy that we forts at the United Nations to act to It is important for us. This is hap- have been advocating. Mr. COONS. Well, briefly, if I could. stop the suffering in Syria. Also, Rus- pening and is real, and it is unprece- Two bills that are currently gathering sia, having illegally invaded Ukraine dented in its scope and in its aggres- cosponsors—and which I hope our col- and annexed Crimea, continues to pro- sion. So shining a light on the reality leagues will review and consider join- mote violence and instability in east- and understanding, as I always tell my ing us in cosponsoring—one is S. 341, ern Ukraine, in the Donbas region, colleagues—I said this last October, that this is not a partisan issue. the Russia Sanctions Review Act of leading to the deaths of thousands. 2017, which currently has 18 cosponsors. All of these human rights violations I am telling you that—to my Repub- The other is S. 94, the Counteracting within Russia and in countries around lican colleagues who might be uncom- Russian Hostilities Act of 2017, that its sphere of influence, in its region, fortable about discussing Russian in- has 20 cosponsors—10 Republicans and suggest to us that they need to be held terference—this is not about the out- 10 Democrats. In both cases, we are accountable for these violations of come of the election; this is about the conduct and what happened throughout proud to have a very broad range of basic human rights. both Republicans and Democrats en- Like the Senator from Florida, I led it. And what they did last year, in the gaged in this important legislation, a codel to Eastern and Central Europe. fall, in the Presidential race, they can which ensures that Russia pays a price Mine was not last week. It was last Au- do against any Member here. If they for breaking the rules. It starts by tak- gust, but with two Republican House don’t like what you are saying, if they ing action to support the sanctions Members and two Democratic Senate think you are getting too far on policy, against the Russian Government for its Members, the five of us went to the you could find yourself the target of Russian propaganda in the hopes of un- occupation, its illegal annexation of Czech Republic, to Ukraine, and to Es- Crimea, for its egregious human rights tonia. We heard widespread concern dermining you, perhaps even having you eliminated from the debate be- violations in Syria, and for meddling in about this record of human rights and the U.S. election. It prevents the lift- a disrespect for democracy in Russia cause they understand our political process quite well. ing of sanctions on Russia until the and about this aggressive hybrid war- Russian Government ceases the very fare campaign that threatens Ukraine’s The second is to do no harm. There is this notion out there—and I think on activities that caused these sanctions very stability and existence, that puts to be put in place in the first place. It Estonia, our NATO ally, on warning, paper it sounds great, right—why don’t we just partner up with the Russians to supports civil society, pro-democracy, and that is putting at risk Czech inde- defeat ISIS and take on radicalism anti-corruption activists in Russia and pendence and Czech elections all across around the world. across Europe to show that many of us Central and Western Europe. The problem is this: No. 1, that is are determined, as members of the For- We have heard from Ambassadors, ex- what Russia claims they are already eign Relations Committee, as members perts, those who have testified in front doing. Vladimir Putin claims he is al- of the Appropriations Committee, as of committees on which we serve, ready doing that. So if he is already Senators—not as partisans—that we in- about a Russian campaign—a brutal doing it, why would we have to partner tend to fund the tools that will enable campaign—to undermine human rights with him? He is already doing it. Obvi- the United States and our NATO allies within Russia and to undermine de- ously, the answer is because he hasn’t. to push back on Russia’s aggression. mocracy throughout Western Europe, This has been about propping up Assad. Most of these tools come from the with a larger strategic goal of sepa- Here is the other problem. When you international affairs budget: State De- rating the United States from our partner up with someone, you have to partment and foreign assistance ac- Western allies and undermining the take responsibility for everything they counts. Transatlantic Alliance that has been so do and all the actions they undertake. I want to commend you, Senator, for essential to our peace, security, and Senator COONS just outlined a mo- giving a strong and impassioned speech stability for 70 years. We cannot let ment ago, he said: Well, we talked on the floor today about the impor- this stand. about the bombing in Aleppo. tance of our keeping all of these tools There is no moral equivalence be- Think about it. If we had partnered in our toolkit so that as we confront tween Russia and the United States. If with Russia in Syria and they were our adversaries around the world, we we believe in our democracy and if we bombing Aleppo and they were hitting have the resources and the ability to believe in our commitment to human hospitals and they were killing civil- partner with and strengthen our allies rights, we must stand up to this cam- ians and they were our partners, we as well. paign of aggression. So I ask my col- have to answer for that as well. We We have no quarrel with the Russian league what he believes we might be would be roped into that. people, but we are here because there is able to do on the Foreign Relations The third is to understand their stra- nothing Vladimir Putin’s regime would Committee, on the Appropriations tegic goal is not to defeat radical ele- love more than to see his actions divide Committee, or here in the Senate, what ments in the Middle East; their stra- us in this Chamber and divide us in we might do, as voices working in a bi- tegic goal is to have inordinate influ- this country from our vital allies in partisan way, to stand up to these ac- ence in Syria, with Iran, potentially in Europe and divide the whole North At- tions undermining democracy and other countries at the expense of the lantic community that for seven dec- human rights? United States. ades has brought peace and stability to

VerDate Sep 11 2014 01:48 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.040 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1535 Europe, has brought prosperity to the I want people to think about that. The PRESIDING OFFICER. Without United States, not as an act of charity The next time you wonder and say to objection, it is so ordered. but as an investment in the best inter- yourself that things are so tough in f ests of security. America and things are going so poor- 150TH ANNIVERSARY OF THE We are here to say with one voice ly, well, with whom would you trade UNIVERSITY OF ILLINOIS that we will stand up to Russian ag- places? I am not saying we don’t have gression that undermines democracy problems, because we do, but I ask, in Mr. DURBIN. Mr. President, today I and violates human rights. what country would you rather be? I wish to recognize the sesquicentennial I am grateful for my colleague, for promise you that you won’t say China anniversary of the founding of the Uni- the chance to join him on the floor if you know anything about China. I versity of Illinois, a nationally recog- today, and I look forward to working promise you that you won’t say Russia nized institution of higher education together with any of our colleagues if you know anything about Russia. with a long record of innovation and who see these issues as clearly as my There is no nation on Earth we would discovery and the home of the Fighting friend and colleague, the Senator from trade places with, and there is no proc- Illini. Florida. ess of government I would trade for In 1867, 150 years ago, my home State Mr. RUBIO. I thank the Senator for ours. It is not perfect. of Illinois established the University of joining me in this endeavor here today. One of the strengths of our system is Illinois with the purpose of fostering It is important that we speak out our ability to stand up here in places access to higher education for the about this. like the Senate and discuss our dif- working people. It would become one of In a moment, the majority leader ferences and our problems and make 37 public, land-grant institutions estab- will be here with some procedural mat- continuous progress forward even if the lished as a result of the Morrill Land- ters that will, I guess, take the Senate Grant Colleges Act signed into law by to a different posture. pace is slower and more frustrating than we wish. That is what is at stake President Abraham Lincoln. Before that happens, I wanted to Over the past 150 years, the Univer- close by not just thanking him for in this process and what is at stake in this debate. That is what none of us sity of Illinois and those associated being a part of this but by making a with it have been responsible for push- couple more points. can allow to see erode because of inter- ing the boundaries of human knowl- The first is, I want you to imagine ference by a foreign government, espe- edge, scientific discovery, social jus- for a moment, if you are sitting at the cially one that is a thug and war crimi- Kremlin and you are watching on sat- nal in every sense of the word. tice, and equality. In 1941, David Blackwell, the son of a ellite television the debate going on in So our quarrel is not with the Rus- railroad worker from southern Illinois, American politics today, you are prob- sian people and it is not with Russia. I received his Ph.D. in mathematics ably feeling pretty good about yourself. have extraordinary admiration for the You have one group arguing that Russian people. I have extraordinary from the University of Illinois. In 1965, maybe the elections weren’t legitimate admiration for the sacrifices and con- Dr. Blackwell became the first African because the Russians interfered. In es- tributions they have made throughout American elected to the National sence, there have been news reports history to our culture and to the world. Academy of Sciences, whose members about a tension between the President But, unfortunately, today their govern- advise the President and Congress on and the Intelligence Committee. You ment is run by an individual who has matters related to science and tech- have these reports every single day no respect for his own people and no re- nology. Dr. Blackwell is regarded as back and forth. You are looking at all spect for the freedom and liberty of the most famous African-American this chaos, and you are saying to your- others, and it is important for our pol- mathematician in history. self: We did a pretty good job. If what icymakers on both sides of the aisle to In 1948, the University of Illinois be- we wanted to do was to divide the be clear-eyed and clear-voiced in what came, and remains to this day, the American people against each other, we do moving forward. most accessible campus in the world have them at each other’s throats, ar- I thank the Senator for being with us for individuals with disabilities. Tim- guing about things, and sowing chaos today and allowing us to engage in this othy Nugent founded the first com- and instability into their political discussion. I hope we will see more of prehensive program of higher edu- process, I think you look at the devel- that in the weeks and months to come cation for individuals with disabilities opments of the last 6 weeks and 6 so we can speak clearly and firmly in at the University and helped create a months, and if you are in the Kremlin, one voice that on issues involving campus that allowed individuals with you say: Well, our efforts have been America and our sovereignty and our disabilities to move about freely and pretty successful with that. I think system of government and decisions we independently. While the availability that is the first thing we need to un- must make, we will speak with one of buses with wheelchair lifts, acces- derstand. voice as one Nation, as one people, as sible street curbs, and comprehensive The second thing is, this should all one country. collegiate programs for those with dis- be about partisanship. I am a member I thank the Presiding Officer, and I abilities all have become the national of the Senate Intelligence Committee. yield the floor. standard, they started at the Univer- It is probably known that we are un- I suggest the absence of a quorum. sity of Illinois. dertaking an investigation into Rus- The PRESIDING OFFICER. The The University of Illinois has long sian interference in the 2016 elections. I clerk will call the roll. been a leader in groundbreaking re- want everyone to know—I speak for The senior assistant legislative clerk search and innovation in science. In myself and I believe almost all of my proceeded to call the roll. the early 1970s, Paul Lauterbur discov- colleagues when I say, on the one hand, Mr. MCCONNELL. Mr. President, I ered magnetic resonance imaging—bet- I am not interested in being a part of a ask unanimous consent that the order ter known by its initials: MRI. For his witch hunt; on the other hand, I will for the quorum call be rescinded. pioneering work, he was awarded a not be part of a coverup. We are going The PRESIDING OFFICER. Without Nobel Prize in 2003. to get to the truth. We want to get to objection, it is so ordered. Today the university is one of the the truth. We want to be able to deliver premier public research universities in f to this body and to the American peo- the world. It ranks in the top 50 univer- ple a document with truth and facts, LEGISLATIVE SESSION sities in America for research and de- wherever they may lead us, because velopment dollars spent in science and this is above political party. Our sys- engineering. It is also home to one of tem of government and this extraor- MORNING BUSINESS the world’s most powerful supercom- dinary Republic has been around for Mr. MCCONNELL. Mr. President, I puters, known as Blue Waters. Blue over two centuries. It is unique and it ask unanimous consent that the Sen- Waters is the fastest supercomputer lo- is special, and with all of its blemishes ate be in a period of morning business, cated on a college campus in the world. and flaws, I wouldn’t trade it for any- with Senators permitted to speak What began 150 years ago as a small thing in the world. therein for up to 10 minutes each. building on the Illinois prairie between

VerDate Sep 11 2014 01:45 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.042 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1536 CONGRESSIONAL RECORD — SENATE March 1, 2017 the Illinois Central train station in 2. In the event 14 calendar days’ notice of the Subcommittee unless a Member of such Champaign and the courthouse in Ur- a hearing has been made, witnesses appear- Subcommittee. bana is today a 785-acre campus with a ing before the Committee, including any wit- 2. Subcommittees shall be considered de reputation admired around the world. ness representing a Government agency, novo whenever there is a change in the Sub- must file with the Committee at least 48 committee chairmanship and seniority on It is home to more than 44,000 students hours preceding appearance written state- the particular Subcommittee shall not nec- from all 50 States and more than 100 ments of their testimony and curriculum essarily apply. different countries each year. The Uni- vitae in as many copies as the Chairman of 3. Except for matters retained at the full versity of Illinois has enhanced the the Committee or Subcommittee prescribes. Committee, matters shall be referred to the lives of over 450,000 living alumni and 3. In the event a witness fails timely to file appropriate Subcommittee or Subcommit- produced 23 Nobel Laureates and 22 the written statement in accordance with tees by the Chairman, except as agreed by a Pulitzer Prize winners in the process. this rule, the Chairman may permit the wit- majority vote of the Committee or by the In addition, the university has grown ness to testify, or deny the witness the privi- agreement of the Chairman and the Ranking lege of testifying before the Committee, or Minority Member. to include campuses in Chicago and permit the witness to testify in response to 4. Provided all members of the Sub- Springfield and regional campuses in questions from Senators without the benefit committee consent, a bill or other matter Rockford, Peoria, and the Quad Cities. of giving an opening statement. may be polled out of the Subcommittee. In It is with great pride that I ask my III. QUORUMS order to be polled out of a Subcommittee, a majority of the members of the Sub- colleagues to join me in recognizing 1. Seven Members of the Committee, actu- committee who vote must vote in favor of re- the sesquicentennial anniversary of the ally present, shall constitute a quorum for porting the bill or matter to the Committee. founding of the University of Illinois. I the purpose of discussing business. Nine offer my best wishes and congratula- Members of the Committee, including at VIII. ATTENDANCE RULES tions to President Timothy Killeen and least two Members of the minority, shall 1. Official attendance at all Committee all the University faculty, staff, stu- constitute a quorum for the purpose of business meetings of the Committee shall be dents, and alumni on this important transacting business. No bill, matter, or kept by the Committee Clerk. Official at- nomination shall be ordered reported from tendance at all Subcommittee business milestone. the Committee, however, unless a majority meetings shall be kept by the Subcommittee f of the Committee is actually present at the Clerk. time such action is taken and a majority of 2. Official attendance at all hearings shall COMMITTEE ON THE JUDICIARY those present support the action taken. be kept, provided that Senators are notified 2. For the purpose of taking down sworn by the Committee Chairman and Ranking testimony, a quorum of the Committee and Minority Member, in the case of Committee RULES OF PROCEDURE each Subcommittee thereof, now or here- hearings, and by the Subcommittee Chair- Mr. GRASSLEY. Mr. President, the after appointed, shall consist of one Senator. man and Ranking Minority Member, in the Committee on the Judiciary has adopt- IV. BRINGING A MATTER TO A VOTE case of Subcommittee Hearings, 48 hours in The Chairman shall entertain a non-debat- advance of the hearing that attendance will ed rules governing its procedures for be taken; otherwise, no attendance will be the 115th Congress. Pursuant to rule able motion to bring a matter before the Committee to a vote. If there is objection to taken. Attendance at all hearings is encour- XXVI, paragraph 2, of the Standing aged. Rules of the Senate, I ask unanimous bring the matter to a vote without further debate, a roll call vote of the Committee IX. SUBPOENAS consent that a copy of the Committee shall be taken, and debate shall be termi- The Chairman of the Committee, with the rules be printed in the RECORD. nated if the motion to bring the matter to a agreement of the Ranking Member or by a There being no objection, the mate- vote without further debate passes with elev- vote of the Committee, may subpoena the at- rial was ordered to be printed in the en votes in the affirmative, one of which tendance of a witness at a Committee or RECORD, as follows: must be cast by the minority. Subcommittee hearing or Committee deposi- RULES OF PROCEDURE OF THE UNITED V. AMENDMENTS tion, or the production of memoranda, docu- STATES SENATE COMMITTEE ON THE 1. Provided at least seven calendars days’ ments, records, or any other materials. Any JUDICIARY—115TH CONGRESS notice of the agenda is given, and the text of such subpoena shall be issued upon the sig- nature of the Chairman or any other Member I. MEETINGS OF THE COMMITTEE the proposed bill or resolution has been made available at least seven calendar days in ad- of the Committee designated by the Chair- 1. Meetings of the Committee may be man. called by the Chairman as he may deem nec- vance, it shall not be in order for the Com- X. DEPOSITIONS essary on three days’ notice of the date, mittee to consider any amendment in the time, place and subject matter of the meet- first degree proposed to any measure under 1. Any subpoena issued for a deposition ing, or in the alternative with the consent of consideration by the Committee unless such that is to be conducted by staff shall be ac- the Ranking Minority Member, or pursuant amendment has been delivered to the office companied by a notice of deposition identi- to the provision of the Standing Rules of the of the Committee and circulated via e-mail fying the Majority staff officers designated Senate, as amended. to each of the offices by at least 5:00 p.m. the by the Chairman and the Minority staff offi- 2. Unless a different date and time are set day prior to the scheduled start of the meet- cers designated by the Ranking Member to by the Chairman pursuant to (1) of this sec- ing. take the deposition, and the Majority and tion, Committee meetings shall be held be- 2. It shall be in order, without prior notice, Minority shall be afforded the opportunity to ginning at 10:00 a.m. on Thursdays the Sen- for a Member to offer a motion to strike a participate on equal terms. ate is in session, which shall be the regular single section of any bill, resolution, or 2. Unless waived by agreement of the Chair meeting day for the transaction of business. amendment under consideration. and Ranking Member, any deposition shall 3. At the request of any member, or by ac- 3. The time limit imposed on the filing of have at least one Member present for the du- tion of the Chairman, a bill, matter, or nom- amendments shall apply to no more than ration of the deposition. All Members shall ination on the agenda of the Committee may three bills identified by the Chairman and be notified of the date, time, and location of be held over until the next meeting of the included on the Committee’s legislative any deposition. Committee or for one week, whichever oc- agenda. 3. Any Member of the Committee may at- 4. This section of the rule may be waived curs later. tend and participate in the taking of any by agreement of the Chairman and the Rank- deposition. II. HEARINGS OF THE COMMITTEE ing Minority Member. 4. A witness at a deposition shall be exam- 1. The Committee shall provide a public VI. PROXY VOTING ined upon oath administered by an indi- announcement of the date, time, place and When a recorded vote is taken in the Com- vidual authorized by law to administer subject matter of any hearing to be con- mittee on any bill, resolution, amendment, oaths, or administered by any Member of the ducted by the Committee or any Sub- or any other question, a quorum being Committee if one is present. committee at least seven calendar days prior present, Members who are unable to attend 5. Unless otherwise specified, the deposi- to the commencement of that hearing, un- the meeting may submit votes by proxy, in tion shall be in private. less the Chairman with the consent of the writing or by telephone, or through personal f Ranking Minority Member determines that instructions. A proxy must be specific with good cause exists to begin such hearing at an BUDGET SCOREKEEPING REPORT respect to the matters it addresses. earlier date. Witnesses shall provide a writ- Mr. ENZI. Mr. President, I wish to ten statement of their testimony and cur- VII. SUBCOMMITTEES riculum vitae to the Committee at least 24 1. Any Member of the Committee may sit submit to the Senate the budget hours preceding the hearings in as many cop- with any Subcommittee during its hearings scorekeeping report for March 2017. ies as the Chairman of the Committee or or any 1) other meeting, but shall not have The report compares current-law levels Subcommittee prescribes. the authority to vote on any matter before of spending and revenues with the

VerDate Sep 11 2014 01:45 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.035 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1537 amounts the Senate agreed to in the CBO provided a spending and revenue TABLE I.—SENATE AUTHORIZING COMMITTEES—ENACTED budget resolution for fiscal year 2017, report for fiscal year 2017. This infor- DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET S. Con. Res. 3. This information is nec- mation is used to enforce aggregate RESOLUTIONS—Continued essary for the Senate Budget Com- spending levels in budget resolutions [In millions of dollars] mittee to determine whether budget under section 311 of the CBA. points of order lie against pending leg- For fiscal year 2017, CBO annualizes 2017– 2017– 2017 2021 2026 islation. It has been prepared by the the temporary effects of the latest con- Republican staff of the Senate Budget tinuing resolution that provides fund- Outlays ...... 0 0 0 Committee and the Congressional Rules and Administration ing through April 28, 2017. For the en- Budget Authority...... 0 0 0 Budget Office, CBO, pursuant to sec- forcement of budgetary aggregates, the Outlays ...... 0 0 0 tion 308(b) of the Congressional Budget Budget Committee excludes this tem- Intelligence Act, CBA. Budget Authority...... 0 0 0 porary funding. As such, the com- Outlays ...... 0 0 0 My last filing, which was based on mittee views current-law levels as Veterans’ Affairs enforceable levels relative to the fiscal being $953 billion and $583.2 billion Budget Authority...... 0 0 0 year 2016 budget resolution, S. Con. below budget resolution levels for Outlays ...... 0 0 0 Res. 11, and the Bipartisan Budget Act Indian Affairs budget authority and outlays, respec- Budget Authority...... 0 0 0 of 2015, P.L. 114–74, can be found in the tively. Revenues are consistent with Outlays ...... 0 0 0 RECORD for November 16, 2016. The in- the levels assumed in the budget reso- Small Business formation contained in this report for Budget Authority...... 0 0 0 lution. Finally, Social Security outlays Outlays ...... 0 0 0 fiscal year 2017 is current through Feb- and revenues are at the levels assumed ruary 27, 2017. in S. Con. Res. 3. Total 0 0 0 Tables 1–3 of this report are prepared Budget Authority...... 0 0 0 CBO’s report also provides informa- Outlays ...... 0 0 0 by my staff on the Budget Committee. tion needed to enforce the Senate pay- Table 1 gives the amount by which as-you-go, PAYGO, rule. Following each Senate authorizing committee ex- TABLE 2.—SENATE APPROPRIATIONS COMMITTEE— passage of the budget resolution in ceeds or is below its allocation for ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 January, I reset the Senate’s PAYGO budget authority and outlays under the [Budget authority, in millions of dollars] most recently adopted budget resolu- scorecard to zero. Since passage of the tion. This information is used for en- resolution, there have been no laws en- 2017 acted that have a significant effect on forcing committee allocations pursu- Security 2 Nonsecurity 2 ant to section 302 of the Congressional the Federal Government’s budget def- Statutory Discretionary Limits ...... 551,068 518,531 Budget Act of 1974, CBA. All commit- icit over either the 6- or 11-year peri- tees are in compliance with their allo- ods. The Senate’s PAYGO rule is en- Amount Provided by Senate Appropriations Subcommittee cations assumed in the budget resolu- forced by section 201 of S. Con. Res. 21, Agriculture, Rural Development, and the fiscal year 2008 budget resolution. Related Agencies ...... 0 9 tion and match the levels that I in- Commerce, Justice, Science, and Re- cluded in the allocation enforcement Finally, included in this submission lated Agencies ...... 0 7 filing of January 17, 2017. is a table tracking the Senate’s budget Defense ...... 45 0 enforcement activity on the floor. No Energy and Water Development ...... ¥340 ¥340 Table 2 gives the amount by which Financial Services and General Govern- the Senate Committee on Appropria- budget points of order have been raised ment ...... 0 0 since the passage of the budget resolu- Homeland Security ...... 0 9 tions exceeds or is below the statutory Interior, Environment, and Related spending limits for fiscal year 2017. tion. Agencies ...... 0 120 This information is used to determine All years in the accompanying tables Labor, Health and Human Services, are fiscal years. Education and Related Agencies ..... 0 24,570 points of order related to the spending Legislative Branch ...... 0 ¥1 caps found in sections 312 and 314 of the I ask unanimous consent that the ac- Military Construction and Veterans Af- CBA. As the Federal Government is companying tables be printed in the fairs, and Related Agencies ...... 7,898 74,600 State Foreign Operations, and Related currently operating under the terms of RECORD. Programs ...... 0 0 the latest continuing resolution and There being no objection, the mate- Transportation and Housing and Urban temporary funding is not included in rial was ordered to be printed in the Development, and Related Agencies 0 4,400 enforcement totals, this scorecard RECORD, as follows: Current Level Total ...... 7,603 103,374 shows $543.5 billion in security and Total Enacted Above (+) or Below TABLE I.—SENATE AUTHORIZING COMMITTEES—ENACTED (¥) Statutory Limits ...... ¥543,465 ¥415,157 $415.2 billion in nonsecurity budget au- ¥ thority remain available for full-year DIRECT SPENDING ABOVE (+) OR BELOW ( ) BUDGET 1 This table excludes spending pursuant to adjustments to the discre- RESOLUTIONS tionary spending limits. These adjustments are allowed for certain purposes appropriations. in section 251(b)(2) of BBEDCA. Table 3 tracks compliance with the [In millions of dollars] 2 Security spending is defined as spending in the National Defense budg- fiscal year 2017 limit for overall et function (050) and nonsecurity spending is defined as all other spending. 2017 2017– 2017– changes in mandatory programs, 2021 2026 TABLE 3.—SENATE APPROPRIATIONS COMMITTEE—EN- CHIMPS, in appropriations bills, estab- Agriculture, Nutrition, and Forestry ACTED CHANGES IN MANDATORY SPENDING PROGRAMS lished in the fiscal year 2016 budget res- Budget Authority...... 0 0 0 (CHIMPS) olution. The limit for this fiscal year is Outlays ...... 0 0 0 Armed Services [Budget authority, millions of dollars] $19.1 billion. To date, there are no re- Budget Authority...... 0 0 0 Outlays ...... 0 0 0 corded CHIMP entries on this score- Banking, Housing, and Urban Affairs 2017 card. Division A of the Further Con- Budget Authority...... 0 0 0 tinuing and Security Assistance Appro- Outlays ...... 0 0 0 CHIMPS Limit for Fiscal Year 2017 ...... 19,100 Commerce, Science, and Transportation priations Act, 2017, P.L. 114–254, in- Budget Authority...... 0 0 0 Senate Appropriations Subcommittees cluded a qualifying CHIMP, $170 mil- Outlays ...... 0 0 0 Agriculture, Rural Development, and Related Agencies 0 Energy and Natural Resources lion, but the Appropriations Com- Commerce, Justice, Science, and Related Agencies ...... 0 Budget Authority...... 0 0 0 Defense ...... 0 mittee included a provision to prevent Outlays ...... 0 0 0 Environment and Public Works Energy and Water Development ...... 0 its budgetary effects from being en- Budget Authority...... 0 0 0 Financial Services and General Government ...... 0 tered onto the scorecard. This exclu- Outlays ...... 0 0 0 Homeland Security ...... 0 Finance Interior, Environment, and Related Agencies ...... 0 sion was the first of its kind since the Budget Authority...... 0 0 0 Labor, Health and Human Services, Education and Re- creation of the new rule in 2015. This Outlays ...... 0 0 0 lated Agencies ...... 0 information is used for determining Foreign Relations Legislative Branch ...... 0 Budget Authority...... 0 0 0 Military Construction and Veterans Affairs, and Related points of order under section 3103 of Outlays ...... 0 0 0 Agencies ...... 0 Homeland Security and Governmental Af- State Foreign Operations, and Related Programs ...... 0 that resolution. fairs In addition to the tables provided by Budget Authority...... 0 0 0 Transportation and Housing and Urban Development, Outlays ...... 0 0 0 and Related Agencies ...... 0 Budget Committee Republican staff, I Judiciary am submitting tables from CBO, which Budget Authority...... 0 0 0 Current Level Total ...... 0 Outlays ...... 0 0 0 Total CHIMPS Above (+) or Below (¥) Budget I will use for enforcement of budget to- Health, Education, Labor, and Pensions Resolution ...... ¥19,100 tals agreed to by the Congress. Budget Authority...... 0 0 0

VerDate Sep 11 2014 03:47 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.034 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1538 CONGRESSIONAL RECORD — SENATE March 1, 2017 U.S. CONGRESS, (Public Law 114–254). That act has significant TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- CONGRESSIONAL BUDGET OFFICE, effects on budget authority and outlays in ING AND REVENUES FOR FISCAL YEAR 2017, AS OF Washington, DC, March 1, 2017. fiscal year 2017. FEBRUARY 27, 2017—Continued Hon. MIKE ENZI, Sincerely, [In billions of dollars] Chairman, Committee on the Budget, KEITH HALL. U.S. Senate, Washington, DC. Enclosure. Current DEAR MR. CHAIRMAN: The enclosed report Level Budget Current shows the effects of Congressional action on a b Over/Under TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- Resolution Level (¥) the fiscal year 2017 budget and is current Resolution through February 27, 2017. This report is sub- ING AND REVENUES FOR FISCAL YEAR 2017, AS OF mitted under section 308(b) and in aid of sec- FEBRUARY 27, 2017 Social Security Revenues 826.0 826.0 0.0 [In billions of dollars] tion 311 of the Congressional Budget Act, as SOURCE: Congressional Budget Office. amended. a Excludes $81,872 million in budget authority and $40,032 million in The estimates of budget authority, out- Current outlays assumed in S. Con. Res. 3 for non regular discretionary spending, Budget Level including spending that qualifies for adjustments to discretionary spending lays, and revenues are consistent with the Current Over/Under Resolution a Level b limits pursuant to section 251(b) of the Balanced Budget and Emergency technical and economic assumptions of S. (¥) Deficit Control Act of 1985, that is not yet allocated to the Senate Com- Con. Res. 3, the Concurrent Resolution on Resolution mittee on Appropriations. b Excludes emergency funding that was not designated as an emergency the Budget for Fiscal Year 2017. ON-BUDGET requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Since our last letter dated November 16, Budget Authority ...... 3,226.1 3,308.0 81.9 Emergency Deficit Control Act of 1985. 2016, the Congress has cleared and the Presi- Outlays ...... 3,224.6 3,254.7 30.1 c Excludes administrative expenses paid from the Federal Old-Age and Revenues ...... 2,682.1 2,682.1 0.0 Survivors Insurance Trust Fund and the Federal Disability Insurance Trust dent has signed the Further Continuing and OFF-BUDGET Fund of the Social Security Administration, which are off-budget, but are Security Assistance Appropriations Act, 2017 Social Security Outlays c 805.4 805.4 0.0 appropriated annually. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2017, AS OF FEBRUARY 27, 2017 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,682,088 Permanents and other spending legislation ...... 2,054,297 1,960,884 n.a. Appropriation legislation ...... 138,258 619,553 n.a. Offsetting receipts ...... ¥834,250 ¥834,301 n.a. Total, Previously Enacted ...... 1,358,305 1,746,136 2,682,088 Continuing Resolution: Further Continuing and Security Appropriations Act, 2017 (P.L. 114–254) b,c,d ...... 1,034,868 613,341 0 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 914,848 895,267 0 Total Current Level e ...... 3,308,021 3,254,744 2,682,088 Total Senate Resolution f ...... 3,226,128 3,224,630 2,682,088 Current Level Over Senate Resolution ...... 81,893 30,114 n.a. Current Level Under Senate Resolution ...... n.a. n.a. n.a. Memorandum: Revenues, 2017–2026: Senate Current Level ...... n.a. n.a. 32,351,660 Senate Resolution ...... n.a. n.a. 32,351,660 Current Level Over Senate Resolution ...... n.a. n.a. n.a. Current Level Under Senate Resolution ...... n.a. n.a. n.a. Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a Includes the budgetary effects of enacted legislation cleared by the Congress during the 114th session, prior to the adoption of S. Con. Res. 3, the Concurrent Resolution on the Budget for Fiscal Year 2017. b Emergency funding that was not designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for certain budgetary enforcement pur- poses. These amounts, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues

Further Continuing and Security Assistance Appropriations Act, 2017 (P.L. 114–254) ...... ¥2 ¥1 0

c Division A of P.L. 114–254 contains the Further Continuing Appropriations Act, 2017, which provides funding for those agencies within the jurisdiction of 11 of the 12 regular appropriations bills through April 28, 2017; those amounts are shown under the ‘‘Continuing Resolution’’ section of this table. Certain provisions in Division A provide funding until or beyond the end of fiscal year 2017; those amounts are shown in the ‘‘Previously Enacted’’ section of this table. In addition, Division B of P.L. 114–254 contains the Security Assistance Appropriations Act, 2017, which provides funding until or beyond the end of fiscal year 2017 for overseas contingency operations; those amounts are shown under the ‘‘Previously Enacted’’ section of this table. d Sections 193–195 of Division A of P.L. 114–254 provided funding, available until expended, for innovation projects and state responses to opioid abuse. CB0 estimates that, for fiscal year 2017: The $20 million in discretionary budget authority provided by section 193 would result in an additional $5 million in outlays for FDA innovation projects; The $352 million in discretionary budget authority provided by section 194 would result in an additional $91 million in outlays for NIH innovation projects; The $500 million in discretionary budget authority provided by section 195 would result in an additional $160 million in outlays for state response to opioid abuse. Consistent with sections 1001–1004 of P.L. 114–255, for the purposes of estimating the discretionary budget authority and outlays for these provisions under the Congressional Budget and Impoundment Act of 1974 and the Balanced Budget and Emergency Deficit Act of 1985, these amounts are estimated to provide no budget authority or outlays. e For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. f Excludes $81,872 million in budget authority and $40,032 million in outlays assumed in S. Con. Res. 3 for non regular discretionary spending, including spending that qualifies for adjustments to discretionary spending limits pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, that is not yet allocated to the Senate Committee on Appropriations. TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO a Pursuant to the statement printed in the Congressional Record on Janu- For generations of residents in south- ary 17, 2017, the Senate Pay-As-You-Go Scorecard was reset to zero. SCORECARD FOR THE 115TH CONGRESS, AS OF FEB- b The amounts shown represent the estimated effect of the public laws on western Arizona, that lawman was RUARY 27, 2017 the deficit. Yuma County Sheriff Ralph Ogden. c Excludes off-budget amounts. [In millions of dollars] d Excludes amounts designated as emergency requirements. With his towering frame and trade- mark mustache, Sheriff Ogden looked 2016–2021 2016–2026 f every bit the part.

a Despite his imposing physical pres- Beginning Balance ...... 0 0 ADDITIONAL STATEMENTS Enacted Legislation: b,c,d ence, Sheriff Ogden was a kind, com- Tested Ability to Leverage Exceptional passionate man, beloved by his depu- National Talent Act of 2017 (P.L. 115–1) ...... * * ties and celebrated by his community. Disapproving the rule submitted by the REMEMBERING SHERIFF RALPH After 4 years of distinguished service Department of the Interior known as OGDEN the Stream Protection Rule. (P.L. in the U.S. Marine Corps, Ralph Ogden 115–5) ...... * * ∑ Mr. FLAKE. Mr. President, with a began his 42-year law enforcement ca- Current Balance ...... * * heavy heart I wish to mark the passing reer as a dispatcher and jailer in Memorandum: of a pillar of the Arizona law enforce- Parker, AZ. 2016–2021 2016–2026 ment community. A dedicated public servant, he would Changes to Revenues ...... * * Changes to Outlays ...... * * When people think of the Old West, eventually serve as chief deputy for 12 they often picture a Stetson-wearing years. Source: Congressional Budget Office. Notes: n.e. = not able to estimate; P.L. = Public Law; FAA = Federal lawman sitting astride his horse, keep- Ralph would go on to be elected to Aviation Administration; *= between ¥$500,000 and $500,000. ing watch over his community. five consecutive terms as sheriff, with

VerDate Sep 11 2014 01:45 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.009 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1539 his 20-year tenure the longest in Yuma EC–890. A communication from the Deputy Architecture and Professional Design Firms County history. Assistant Administrator for Regulatory Pro- Amendment Act of 2016’’; to the Committee Sheriff Ogden always understood the grams, Office of Sustainable Fisheries, De- on Homeland Security and Governmental Af- importance of getting to know the partment of Commerce, transmitting, pursu- fairs. ant to law, the report of a rule entitled EC–901. A communication from the Chair- community he served and encouraged ‘‘International Affairs; Antarctic Marine man of the Council of the District of Colum- his employees to get involved in char- Living Resources Convention Act’’ (RIN0648– bia, transmitting, pursuant to law, a report ities, religious groups, and service or- BB86) received during adjournment of the on D.C. Act 21–666, ‘‘Washington Metrorail ganizations. Senate in the Office of the President of the Safety Commission Establishment Act of He valued teamwork and recognized Senate on February 23, 2017; to the Com- 2016’’; to the Committee on Homeland Secu- that no one can succeed on their own. mittee on Commerce, Science, and Transpor- rity and Governmental Affairs. This philosophy of always having tation. EC–902. A communication from the Chair- EC–891. A communication from the Federal man of the Council of the District of Colum- each other’s back was something he Register Liaison Officer, Alcohol and To- bia, transmitting, pursuant to law, a report carried with him throughout his time bacco Tax and Trade Bureau, Department of on D.C. Act 21–668, ‘‘Uniform Electronic with the sheriff’s office, and it was re- the Treasury, transmitting, pursuant to law, Legal Material Act of 2016’’; to the Com- flected in the way he treated those the report of a rule entitled ‘‘Implementa- mittee on Homeland Security and Govern- around him. tion of Statutory Amendments Requiring mental Affairs. Sheriff Ogden was known to write the Modification of the Definition of Hard EC–903. A communication from the Chair- personal birthday and anniversary Cider’’ (RIN1513–AC31) received during ad- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report cards for each of his employees, just to journment of the Senate in the Office of the President of the Senate on February 23, 2017; on D.C. Act 21–669, ‘‘State Board of Edu- show that he valued their service and to the Committee on Finance. cation Omnibus Amendment Act of 2016’’; to friendship and that they were impor- EC–892. A communication from the Asso- the Committee on Homeland Security and tant to him. ciate General Counsel for General Law, De- Governmental Affairs. When asked about the benefits of partment of Homeland Security, transmit- EC–904. A communication from the Chair- serving in law enforcement, Sheriff ting, pursuant to law, a report relative to a man of the Council of the District of Colum- Ogden said that, when you go home vacancy in the position of Deputy Secretary, bia, transmitting, pursuant to law, a report tired and beat after a long day, you Department of Homeland Security, received on D.C. Act 21–670, ‘‘Nationals Park and Ball- park District Designated Entertainment sleep well knowing you did some good. in the Office of the President of the Senate on February 28, 2017; to the Committee on Area Signage Regulations Amendment Act Sheriff Ralph Ogden did a lot of good, Homeland Security and Governmental Af- of 2016’’; to the Committee on Homeland Se- and I know he is resting well.∑ fairs. curity and Governmental Affairs. f EC–893. A communication from the Bureau EC–905. A communication from the Chair- of Legislative Affairs, Department of State, man of the Council of the District of Colum- MESSAGES FROM THE PRESIDENT transmitting, pursuant to law, the Depart- bia, transmitting, pursuant to law, a report Messages from the President of the ment’s fiscal year 2014 and fiscal year 2015 in- on D.C. Act 21–671, ‘‘Rail Safety and Security Amendment Act of 2016’’; to the Committee United States were communicated to ventories of commercial and inherently gov- ernmental activities; to the Committee on on Homeland Security and Governmental Af- the Senate by Ms. Ridgway, one of his Homeland Security and Governmental Af- fairs. secretaries. fairs. EC–906. A communication from the Chair- f EC–894. A communication from the Chair- man of the Council of the District of Colum- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report EXECUTIVE MESSAGES REFERRED bia, transmitting, pursuant to law, a report on D.C. Act 21–672, ‘‘Collaborative Reproduc- As in executive session the Presiding on D.C. Act 21–655, ‘‘Elderly Tenant and Ten- tion Amendment Act of 2016’’; to the Com- mittee on Homeland Security and Govern- Officer laid before the Senate messages ant with a Disability Protection Amendment Act of 2016’’; to the Committee on Homeland mental Affairs. from the President of the United Security and Governmental Affairs. EC–907. A communication from the Chair- States submitting nominations which EC–895. A communication from the Chair- man of the Council of the District of Colum- were referred to the Committee on the man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report Judiciary. bia, transmitting, pursuant to law, a report on D.C. Act 21–673, ‘‘Fair Credit in Employ- (The message received today is print- on D.C. Act 21–656, ‘‘Council Financial Dis- ment Amendment Act of 2016’’; to the Com- ed at the end of the Senate pro- closure Amendment Act of 2016’’; to the mittee on Homeland Security and Govern- ceedings.) Committee on Homeland Security and Gov- mental Affairs. ernmental Affairs. EC–908. A communication from the Chair- f EC–896. A communication from the Chair- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report MESSAGE FROM THE HOUSE man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report on D.C. Act 21–674, ‘‘Urban Farming and At 12:30 p.m., a message from the on D.C. Act 21–657, ‘‘Condominium Owner Food Security Amendment Act of 2016’’; to House of Representatives, delivered by Bill of Rights and Responsibilities Amend- the Committee on Homeland Security and Mrs. Cole, one of its reading clerks, an- ment Act of 2016’’; to the Committee on Governmental Affairs. nounced that pursuant to 10 U.S.C. Homeland Security and Governmental Af- EC–909. A communication from the Chair- fairs. man of the Council of the District of Colum- 9355(a), and the order of the House of EC–897. A communication from the Chair- bia, transmitting, pursuant to law, a report January 3, 2017, the Speaker appoints man of the Council of the District of Colum- on D.C. Act 21–676, ‘‘Death Certificate Gen- the following individual on the part of bia, transmitting, pursuant to law, a report der Identity Recognition Amendment Act of the House of Representatives to the on D.C. Act 21–658, ‘‘Vehicle-for-Hire Accessi- 2016’’; to the Committee on Homeland Secu- Board of Visitors to the United States bility Amendment Act of 2016’’; to the Com- rity and Governmental Affairs. Air Force Academy: Lieutenant Colo- mittee on Homeland Security and Govern- EC–910. A communication from the Chair- nel Bruce Swezey, United States Air mental Affairs. man of the Council of the District of Colum- EC–898. A communication from the Chair- bia, transmitting, pursuant to law, a report Force, Retired, Franklin, Wisconsin. man of the Council of the District of Colum- on D.C. Act 21–677, ‘‘Fair Criminal Record f bia, transmitting, pursuant to law, a report Screening for Housing Act of 2016’’; to the on D.C. Act 21–659, ‘‘Downtown Business Im- Committee on Homeland Security and Gov- EXECUTIVE AND OTHER provement Amendment Act of 2016’’; to the ernmental Affairs. COMMUNICATIONS Committee on Homeland Security and Gov- EC–911. A communication from the Chair- The following communications were ernmental Affairs. man of the Council of the District of Colum- laid before the Senate, together with EC–899. A communication from the Chair- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- on D.C. Act 21–678, ‘‘Omnibus Alcoholic Bev- accompanying papers, reports, and doc- bia, transmitting, pursuant to law, a report erage Regulation Amendment Act of 2016’’; uments, and were referred as indicated: on D.C. Act 21–664, ‘‘Specialty Drug Copay- to the Committee on Homeland Security and EC–889. A communication from the Sec- ment Limitation Act of 2016’’; to the Com- Governmental Affairs. retary of Defense, transmitting a report on mittee on Homeland Security and Govern- EC–912. A communication from the Chair- the approved retirement of Lieutenant Gen- mental Affairs. man of the Council of the District of Colum- eral Robert R. Ruark, United States Marine EC–900. A communication from the Chair- bia, transmitting, pursuant to law, a report Corps, and his advancement to the grade of man of the Council of the District of Colum- on D.C. Act 21–679, ‘‘Office of Out of School lieutenant general on the retired list; to the bia, transmitting, pursuant to law, a report Time Grants and Youth Outcomes Establish- Committee on Armed Services. on D.C. Act 21–665, ‘‘Regulation of Landscape ment Act of 2016’’; to the Committee on

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Homeland Security and Governmental Af- February 23, 2017; to the Committee on Mr. BROWN, Mr. ROBERTS, Ms. STABE- fairs. Small Business and Entrepreneurship. NOW, Mrs. CAPITO, Mrs. GILLIBRAND, EC–913. A communication from the Chair- EC–924. A communication from the Office and Mr. BLUNT): man of the Council of the District of Colum- Program Manager, Office of Regulation Pol- S. 486. A bill to amend title XVIII of the bia, transmitting, pursuant to law, a report icy and Management, Department of Vet- Social Security Act to provide for the non- on D.C. Act 21–680, ‘‘Bryant Street Tax Incre- erans Affairs, transmitting, pursuant to law, application of Medicare competitive acquisi- ment Financing Act of 2016’’; to the Com- the report of a rule entitled ‘‘VA Veteran- tion rates to complex rehabilitative wheel- mittee on Homeland Security and Govern- Owned Small Business Verification Guide- chairs and accessories; to the Committee on mental Affairs. lines’’ (RIN2900–AP93) received during ad- Finance. EC–914. A communication from the Chair- journment of the Senate in the Office of the By Mr. CRAPO (for himself, Ms. STABE- man of the Council of the District of Colum- President of the Senate on February 23, 2017; NOW, Ms. BALDWIN, Mr. BENNET, Mr. bia, transmitting, pursuant to law, a report to the Committee on Veterans’ Affairs . BLUNT, Mr. COCHRAN, Ms. DUCKWORTH, Mr. GARDNER, Mrs. on D.C. Act 21–681, ‘‘District of Columbia f State Athletics Consolidation Act of 2016’’; GILLIBRAND, Ms. HIRONO, Mr. ISAK- to the Committee on Homeland Security and INTRODUCTION OF BILLS AND SON, Mr. KING, Ms. KLOBUCHAR, Mr. Governmental Affairs. JOINT RESOLUTIONS LEAHY, Mr. MENENDEZ, and Mr. EC–915. A communication from the Chair- The following bills and joint resolu- RISCH): man of the Council of the District of Colum- S. 487. A bill to amend the Internal Rev- bia, transmitting, pursuant to law, a report tions were introduced, read the first enue Code of 1986 to provide for an exclusion on D.C. Act 21–682, ‘‘Universal Paid Leave and second times by unanimous con- for assistance provided to participants in Amendment Act of 2016’’; to the Committee sent, and referred as indicated: certain veterinary student loan repayment on Homeland Security and Governmental Af- By Mr. COTTON (for himself, Mr. BOOZ- or forgiveness programs; to the Committee on Finance. fairs. MAN, Mr. COCHRAN, and Mr. DON- By Mr. TOOMEY (for himself and Mr. EC–916. A communication from the Chair- NELLY): man of the Council of the District of Colum- S. 478. A bill to amend the Migratory Bird WARNER): bia, transmitting, pursuant to law, a report Treaty Act to prohibit baiting exemptions S. 488. A bill to increase the threshold for on D.C. Act 21–683, ‘‘Snow Removal Agree- on certain land; to the Committee on Envi- disclosures required by the Securities and ment Authorization Amendment Act of ronment and Public Works. Exchange Commission relating to compen- satory benefit plans, and for other purposes; 2016’’; to the Committee on Homeland Secu- By Mr. BROWN (for himself, Mr. to the Committee on Banking, Housing, and rity and Governmental Affairs. WICKER, Mr. CARDIN, and Ms. COL- Urban Affairs. EC–917. A communication from the Chair- LINS): man of the Council of the District of Colum- S. 479. A bill to amend title XVIII of the f bia, transmitting, pursuant to law, a report Social Security Act to waive coinsurance SUBMISSION OF CONCURRENT AND on D.C. Act 21–684, ‘‘Wage Theft Prevention under Medicare for colorectal cancer screen- Clarification and Overtime Fairness Amend- ing tests, regardless of whether therapeutic SENATE RESOLUTIONS ment Act of 2016’’; to the Committee on intervention is required during the screen- The following concurrent resolutions Homeland Security and Governmental Af- ing; to the Committee on Finance. and Senate resolutions were read, and fairs. By Mr. PORTMAN (for himself and Mr. referred (or acted upon), as indicated: EC–918. A communication from the Chair- UDALL): By Mrs. FISCHER (for herself and Mr. man of the Council of the District of Colum- S. 480. A bill to reauthorize the Multi- bia, transmitting, pursuant to law, a report SASSE): national Species Conservation Funds S. Res. 74. A resolution congratulating the on D.C. Act 21–685, ‘‘Land Disposition Trans- Semipostal Stamp; to the Committee on State of Nebraska on the 150th anniversary parency and Clarification Amendment Act of Homeland Security and Governmental Af- of the admission of that State into the 2016’’; to the Committee on Homeland Secu- fairs. United States; considered and agreed to. rity and Governmental Affairs. By Mr. BENNET: By Mr. PORTMAN (for himself and Mr. EC–919. A communication from the Chair- S. 481. A bill to provide for the withdrawal BROWN): man of the Council of the District of Colum- and protection of certain Federal land in the S. Res. 75. A resolution recognizing the bia, transmitting, pursuant to law, a report State of Colorado, and for other purposes; to 100th anniversary of the Academy of Nutri- on D.C. Act 21–686, ‘‘First-time Homebuyer the Committee on Energy and Natural Re- tion and Dietetics, the largest organization Tax Benefit Amendment Act of 2016’’; to the sources. of food and nutrition professionals in the Committee on Homeland Security and Gov- By Mr. THUNE (for himself, Mr. MUR- world; to the Committee on Agriculture, Nu- ernmental Affairs. PHY, Mrs. CAPITO, and Mr. DON- trition, and Forestry. EC–920. A communication from the Chair- NELLY): By Mr. CASEY (for himself, Mr. ISAK- man of the Council of the District of Colum- S. 482. A bill to amend the Internal Rev- SON, Mrs. CAPITO, Mr. COONS, and bia, transmitting, pursuant to law, a report enue Code of 1986 to treat certain amounts Mrs. SHAHEEN): on D.C. Act 21–687, ‘‘Advisory Neighborhood paid for physical activity, fitness, and exer- S. Res. 76. A resolution expressing support Commissions Omnibus Amendment Act of cise as amounts paid for medical care; to the for the designation of March 21, 2017, as ‘‘Na- 2016’’; to the Committee on Homeland Secu- Committee on Finance. tional Rosie the Riveter Day’’ ; to the Com- rity and Governmental Affairs. By Mrs. MURRAY: mittee on the Judiciary. EC–921. A communication from the Deputy S. 483. A bill to designate and expand wil- By Mr. CASEY (for himself, Ms. COL- General Counsel, Office of General Counsel, derness areas in Olympic National Forest in LINS, Mr. MARKEY, Mr. COONS, Mr. Small Business Administration, transmit- the State of Washington, and to designate MENENDEZ, Mr. BROWN, Mr. ISAKSON, ting, pursuant to law, the report of a rule en- certain rivers in Olympic National Forest Mrs. FEINSTEIN, Mr. VAN HOLLEN, titled ‘‘Civil Monetary Penalties Inflation and Olympic National Park as wild and sce- Mrs. CAPITO, Mr. MORAN, and Mr. Adjustments’’ (RIN3245–AD44) received dur- nic rivers, and for other purposes; to the THUNE): ing adjournment of the Senate in the Office Committee on Energy and Natural Re- S. Res. 77. A resolution supporting the of the President of the Senate on February sources. goals and ideals of Multiple Sclerosis Aware- 23, 2017; to the Committee on Small Business By Mr. MENENDEZ (for himself and ness Week; considered and agreed to. and Entrepreneurship. Mr. HATCH): f EC–922. A communication from the Deputy S. 484. A bill to amend the Investment General Counsel, Office of Investment and Company Act of 1940 to terminate an exemp- ADDITIONAL COSPONSORS Innovation, Small Business Administration, tion for companies located in Puerto Rico, S. 59 transmitting, pursuant to law, the report of the Virgin Islands, and any other possession At the request of Mr. CRAPO, the a rule entitled ‘‘Small Business Investment of the United States; to the Committee on Companies: Passive Business Expansion and Banking, Housing, and Urban Affairs. name of the Senator from Louisiana Technical Clarifications’’ (RIN3245–AG67) re- By Mr. FLAKE (for himself, Mr. HEIN- (Mr. CASSIDY) was added as a cosponsor ceived during adjournment of the Senate in RICH, Mr. MCCAIN, Mr. RISCH, Mr. of S. 59, a bill to provide that silencers the Office of the President of the Senate on CRAPO, Mr. GARDNER, Mr. HELLER, be treated the same as long guns. February 23, 2017; to the Committee on Mr. BARRASSO, Mr. DAINES, Mr. S. 132 Small Business and Entrepreneurship. TESTER, and Mr. BENNET): At the request of Mr. CRAPO, the EC–923. A communication from the Deputy S. 485. A bill to amend the Healthy Forests name of the Senator from Oklahoma General Counsel, Office of Policy, Planning, Restoration Act of 2003 to provide cancella- (Mr. INHOFE) was added as a cosponsor and Liaison, Small Business Administration, tion ceilings for stewardship end result con- transmitting, pursuant to law, the report of tracting projects, and for other purposes; to of S. 132, a bill to amend title 54, a rule entitled ‘‘Credit for Lower Tier Small the Committee on Energy and Natural Re- United States Code, to provide for con- Business Subcontracting’’ (RIN3245–AG71) re- sources. gressional and State approval of na- ceived during adjournment of the Senate in By Mr. CASEY (for himself, Mr. tional monuments and restrictions on the Office of the President of the Senate on PORTMAN, Mr. COONS, Mr. GARDNER, the use of national monuments.

VerDate Sep 11 2014 01:45 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.016 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 1, 2017 CONGRESSIONAL RECORD — SENATE S1541 S. 152 ginia (Mrs. CAPITO) was added as a co- more timely access to home health At the request of Mr. RUBIO, the sponsor of S. 372, a bill to amend the services for Medicare beneficiaries name of the Senator from Montana Tariff Act of 1930 to ensure that mer- under the Medicare program. (Mr. DAINES) was added as a cosponsor chandise arriving through the mail S. 473 of S. 152, a bill to amend title 38, shall be subject to review by U.S. Cus- At the request of Mr. TESTER, the United States Code, to provide for the toms and Border Protection and to re- names of the Senator from New York removal or demotion of employees of quire the provision of advance elec- (Mrs. GILLIBRAND), the Senator from the Department of Veterans Affairs tronic information on shipments of Ohio (Mr. BROWN) and the Senator from based on performance or misconduct, mail to U.S. Customs and Border Pro- Michigan (Mr. PETERS) were added as and for other purposes. tection and for other purposes. cosponsors of S. 473, a bill to amend S. 203 S. 389 title 38, United States Code, to make At the request of Mr. BURR, the name At the request of Mr. WYDEN, the qualification requirements for entitle- of the Senator from Florida (Mr. NEL- name of the Senator from Oregon (Mr. ment to Post-9/11 Education Assistance SON) was added as a cosponsor of S. 203, MERKLEY) was added as a cosponsor of more equitable, to improve support of a bill to reaffirm that the Environ- S. 389, a bill to amend the Internal veterans receiving such educational as- mental Protection Agency may not Revenue Code of 1986 to ensure that sistance, and for other purposes. regulate vehicles used solely for com- kombucha is exempt from any excise S.J. RES. 11 petition, and for other purposes. taxes and regulations imposed on alco- At the request of Mr. BARRASSO, the S. 223 holic beverages. name of the Senator from South Caro- At the request of Ms. COLLINS, the S. 407 lina (Mr. SCOTT) was added as a cospon- name of the Senator from Delaware At the request of Mr. CRAPO, the sor of S.J. Res. 11, a joint resolution (Mr. COONS) was added as a cosponsor name of the Senator from Minnesota providing for congressional disapproval of S. 223, a bill to provide immunity (Ms. KLOBUCHAR) was added as a co- under chapter 8 of title 5, United from suit for certain individuals who sponsor of S. 407, a bill to amend the States Code, of the final rule of the Bu- disclose potential examples of financial Internal Revenue Code of 1986 to per- reau of Land Management relating to exploitation of senior citizens, and for manently extend the railroad track ‘‘Waste Prevention, Production Subject other purposes. maintenance credit. to Royalties, and Resource Conserva- S. 236 S. 415 tion’’. At the request of Mr. WYDEN, the At the request of Ms. CORTEZ MASTO, S. RES. 54 name of the Senator from Oregon (Mr. the names of the Senator from New At the request of Mr. BLUMENTHAL, MERKLEY) was added as a cosponsor of York (Mr. SCHUMER), the Senator from the names of the Senator from Ohio S. 236, a bill to amend the Internal Ohio (Mr. BROWN) and the Senator from (Mr. PORTMAN) and the Senator from Revenue Code of 1986 to reform tax- New York (Mrs. GILLIBRAND) were California (Mrs. FEINSTEIN) were added ation of alcoholic beverages. added as cosponsors of S. 415, a bill to as cosponsors of S. Res. 54, a resolution S. 254 nullify the effect of the recent Execu- expressing the unwavering commit- At the request of Mr. UDALL, the tive order that makes the vast major- ment of the United States to the North name of the Senator from Maryland ity of unauthorized individuals prior- Atlantic Treaty Organization. (Mr. VAN HOLLEN) was added as a co- ities for removal and aims to withhold S. RES. 70 sponsor of S. 254, a bill to amend the critical Federal funding to sanctuary At the request of Ms. HIRONO, the Native American Programs Act of 1974 cities. name of the Senator from Oregon (Mr. to provide flexibility and reauthoriza- S. 420 MERKLEY) was added as a cosponsor of tion to ensure the survival and con- At the request of Mr. RUBIO, the S. Res. 70, a resolution recognizing the tinuing vitality of Native American name of the Senator from South Da- 75th anniversary of Executive Order languages. kota (Mr. ROUNDS) was added as a co- 9066 and expressing the sense of the S. 315 sponsor of S. 420, a bill to require the Senate that policies that discriminate At the request of Mr. SULLIVAN, the President to report on the use by the against any individual based on the ac- name of the Senator from Nevada (Mr. Government of Iran of commercial air- tual or perceived race, ethnicity, na- HELLER) was added as a cosponsor of S. craft and related services for illicit tional origin, or religion of that indi- 315, a bill to direct the Secretary of the military or other activities, and for vidual would be a repetition of the mis- Army to place in Arlington National other purposes. takes of Executive Order 9066 and con- Cemetery a monument honoring the S. 422 trary to the values of the United helicopter pilots and crewmembers who At the request of Mrs. GILLIBRAND, States. were killed while serving on active the names of the Senator from Florida f duty in the Armed Forces during the (Mr. NELSON), the Senator from Min- Vietnam era, and for other purposes. nesota (Mr. FRANKEN) and the Senator SUBMITTED RESOLUTIONS S. 339 from Colorado (Mr. BENNET) were added At the request of Mr. NELSON, the as cosponsors of S. 422, a bill to amend names of the Senator from Idaho (Mr. title 38, United States Code, to clarify SENATE RESOLUTION 74—CON- GRATULATING THE STATE OF CRAPO), the Senator from Florida (Mr. presumptions relating to the exposure NEBRASKA ON THE 150TH ANNI- RUBIO), the Senator from Alaska (Ms. of certain veterans who served in the VERSARY OF THE ADMISSION OF MURKOWSKI), the Senator from North vicinity of the Republic of Vietnam, THAT STATE INTO THE UNITED Carolina (Mr. TILLIS), the Senator from and for other purposes. STATES Arkansas (Mr. COTTON), the Senator S. 431 from Nevada (Mr. HELLER), the Senator At the request of Mr. THUNE, the Mrs. FISCHER (for herself and Mr. from Delaware (Mr. COONS) and the name of the Senator from West Vir- SASSE) submitted the following resolu- Senator from Wisconsin (Ms. BALDWIN) ginia (Mrs. CAPITO) was added as a co- tion; which was considered and agreed were added as cosponsors of S. 339, a sponsor of S. 431, a bill to amend title to: bill to amend title 10, United States XVIII of the Social Security Act to ex- S. RES. 74 Code, to repeal the requirement for re- pand the use of telehealth for individ- Whereas the name ‘‘Nebraska’’ is derived duction of survivor annuities under the uals with stroke. from a Native American Siouan word that Survivor Benefit Plan by veterans’ de- S. 445 means ‘‘flat water’’ and is inspired by the Platte River; pendency and indemnity compensation, At the request of Ms. COLLINS, the and for other purposes. Whereas early explorers of the Great name of the Senator from Mississippi Plains called the Nebraska region the ‘‘Great S. 372 (Mr. COCHRAN) was added as a cospon- American Desert’’, mistakenly believing At the request of Mr. PORTMAN, the sor of S. 445, a bill to amend title XVIII that its vast prairies were incapable of sup- name of the Senator from West Vir- of the Social Security Act to ensure porting agriculture;

VerDate Sep 11 2014 04:32 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.018 S01MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1542 CONGRESSIONAL RECORD — SENATE March 1, 2017 Whereas the Platte River Valley provided SENATE RESOLUTION 75—RECOG- ican Red Cross, drove trucks, riveted air- an ideal corridor for settlers traveling west- NIZING THE 100TH ANNIVERSARY plane parts, collected critical materials, ward along the Oregon, Mormon, and Cali- OF THE ACADEMY OF NUTRITION rolled bandages, and served on rationing fornia Trails; AND DIETETICS, THE LARGEST boards; Whereas the Act entitled ‘‘An Act to se- Whereas it is fitting and proper to recog- cure Homesteads to actual Settlers on the ORGANIZATION OF FOOD AND nize and preserve the history and legacy of Public Domain’’, approved May 20, 1862, en- NUTRITION PROFESSIONALS IN working women, including volunteer women, couraged enterprising individuals to consider THE WORLD during World War II to promote cooperation settling in the Nebraska Territory; Mr. PORTMAN (for himself and Mr. and fellowship among those women and their Whereas Nebraska was— descendants; BROWN) submitted the following resolu- (1) the first State admitted to the United Whereas those women and their descend- tion; which was referred to the Com- ants wish to further the advancement of pa- States after the conclusion of the Civil War; mittee on Agriculture, Nutrition, and and triotic ideas, excellence in the workplace, Forestry: and loyalty to the United States; and (2) the only State the admittance of which S. RES. 75 Whereas March 21, 2017, during Women’s the President vetoed because of disagree- History Month, is an appropriate day to des- ment with the ‘‘fundamental condition’’ im- Whereas, on October 20, 1917, dietitians met in Cleveland, Ohio, to identify ways in ignate as ‘‘National Rosie the Riveter Day’’: posed by Congress with respect to giving Now, therefore, be it black men the right to vote; which food and nutrition professionals could help the United States Government conserve Resolved, That the Senate— Whereas, by means of the Act entitled ‘‘An (1) supports the designation of March 21, Act for the Admission of the State of Ne- food and improve public health and nutrition during World War I; 2017, as ‘‘National Rosie the Riveter Day’’; braska into the Union’’, approved February and 9, 1867, Congress overrode the veto of Presi- Whereas the foundational meeting on Octo- ber 20, 1917, led to the creation of the Amer- (2) acknowledges the important role played dent Andrew Johnson, opening the way for by women during World War II. the admission of Nebraska into the United ican Dietetics Association, now known as States on March 1, 1867; the Academy of Nutrition and Dietetics (re- f Whereas the admission of Nebraska into ferred to in this preamble as the ‘‘Acad- emy’’); SENATE RESOLUTION 77—SUP- the United States led to the further settle- PORTING THE GOALS AND ment of Nebraska and the construction of Whereas, since the inception of the Acad- the transcontinental railroad westward from emy, the Academy has grown from a charter IDEALS OF MULTIPLE SCLE- the Omaha terminus; membership of 58 individuals to the largest ROSIS AWARENESS WEEK Whereas, in 1879, a Federal district court in organization of food and nutrition profes- sionals in the world, with a membership as of Mr. CASEY (for himself, Ms. COLLINS, Nebraska was the site where American Indi- Mr. MARKEY, Mr. COONS, Mr. MENEN- ans were first recognized as persons under January 2017 of more than 75,000 individuals; DEZ, Mr. BROWN, Mr. ISAKSON, Mrs. the laws of the United States after Standing Whereas the Academy is comprised of a di- Bear pleaded, ‘‘I am a man’’; verse group of registered dietitian nutrition- FEINSTEIN, Mr. VAN HOLLEN, Mrs. CAP- Whereas Nebraska is leading the way for a ists and technicians, scientists, clinicians, ITO, Mr. MORAN, and Mr. THUNE) sub- new innovation frontier where entrepreneurs educators, students, and other food and nu- mitted the following resolution; which are engaged in building the economy of the trition practitioners; and was considered and agreed to: Whereas, through evidence-based research future by establishing and growing great S. RES. 77 businesses; and education, members of the Academy Whereas multiple sclerosis (referred to in Whereas Nebraska is the only State whose play an important role in shaping the food this preamble as ‘‘MS’’) can impact individ- residents, desiring greater government ac- choices and nutrition of the people of the uals of all ages, races, and ethnicities, but countability, voted to transition the State United States: Now, therefore, be it MS is at least 2 to 3 times more common in legislature from a bicameral system to a Resolved, That the Senate— women than in men; unicameral system, thereby reducing the (1) commemorates October 20, 2017, as the Whereas there are approximately 2,300,000 size of the legislature by nearly 70 percent; 100th anniversary of the Academy of Nutri- individuals worldwide who have been diag- Whereas Nebraska is the home of such na- tion and Dietetics; and nosed with MS; tional food sensations as the reuben and (2) applauds the Academy of Nutrition and Whereas MS is typically diagnosed in indi- runzas; Dietetics for its past, present, and future ef- viduals between the ages of 20 and 50, but it Whereas Nebraska leads the United States forts to champion the principles established is estimated that between 8,000 and 10,000 in— by its dietitian predecessors more than 100 years ago— children and adolescents are living with MS (1) beef and veal exports; (A) to promote food and nutrition profes- in the United States; (2) commercial red meat production; sionals; and Whereas MS is an unpredictable, often dis- (B) to improve the health and wellness of abling disease of the central nervous system (3) commercial cattle slaughter; all people of the United States through re- that disrupts the flow of information within (4) Great Northern bean production; search, education, and advocacy. the brain and between the brain and the body; (5) popcorn production; and f Whereas symptoms of MS range from (6) the number of irrigated acres of crop- SENATE RESOLUTION 76—EX- numbness and tingling to vision problems land; PRESSING SUPPORT FOR THE and paralysis, and the progress, severity, and Whereas Nebraska continues to lead the DESIGNATION OF MARCH 21, 2017, specific symptoms of MS in any 1 person can- United States in center-pivot irrigation not yet be predicted; technology, as Nebraska is home to the 4 AS ‘‘NATIONAL ROSIE THE RIV- ETER DAY’’ Whereas, while there is no evidence that largest irrigation companies in the United MS is directly inherited, studies show that States; Mr. CASEY (for himself, Mr. ISAKSON, there are genetic and environmental factors Whereas, in 1986, Nebraska was the first Mrs. CAPITO, Mr. COONS, and Mrs. SHA- that give certain individuals a higher risk of State in which women were the 2 major HEEN) submitted the following resolu- developing MS; party candidates for governor; Whereas the exact cause of MS is un- Whereas Nebraska has played and con- tion; which was referred to the Com- mittee on the Judiciary: known, and there is no cure for MS; tinues to play a significant and remarkable Whereas the Multiple Sclerosis Coalition, a role in the civic, economic, educational, and S. RES. 76 national network of independent MS organi- cultural life of the United States; Whereas National Rosie the Riveter Day is zations dedicated to the enhancement of the Whereas, on March 1, 2017, Nebraska marks a collective national effort to raise aware- quality of life of individuals affected by MS, the 150th anniversary of the admission of ness of the 16,000,000 women who worked dur- recognizes and supports Multiple Sclerosis that State into the United States; and ing World War II; Awareness Week; Whereas the sesquicentennial celebration Whereas the people of the United States Whereas the mission of the Multiple Scle- of statehood offers a special opportunity for have chosen to honor women workers who rosis Coalition is to increase opportunities the people of Nebraska to reflect, remember, contributed from the home front during for cooperation and to provide greater oppor- celebrate, and plan for an even brighter fu- World War II; tunity to leverage the effective use of re- ture that embodies the State motto of Ne- Whereas those women left their homes to sources for the benefit of the MS commu- braska, ‘‘Equality Before the Law’’: Now, work or volunteer full-time in factories, nity; therefore, be it farms, shipyards, airplane factories, banks, Whereas the United States plays a critical Resolved, That the Senate congratulates and other institutions in support of the role in coordinating MS research globally the State of Nebraska on the 150th anniver- Armed Forces overseas; and amplifies the impact of research in the sary of the admission of that State into the Whereas those women worked with the United States through which results are de- United States. United Service Organizations and the Amer- livered to MS patients;

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Res. 77) supporting the cludes 16 MS organizations from 15 coun- nities Across the Country.’’ goals and ideals of Multiple Sclerosis Aware- tries, 8 foundation and trust members, and 5 COMMITTEE ON ENVIRONMENT AND PUBLIC ness Week. pharmaceutical partners; WORKS There being no objection, the Senate Whereas the Multiple Sclerosis Coalition The Committee on Environment and proceeded to consider the resolution. recognizes and supports Multiple Sclerosis Public Works be authorized to meet Mr. MCCONNELL. I ask unanimous Awareness Week during March each year; Whereas the goals of Multiple Sclerosis during the session of the Senate on consent that the resolution be agreed Awareness Week are— Wednesday, March 1, 2017, at 10:30 a.m., to, the preamble be agreed to, and the (1) to invite people to join the movement in room 406 of the Dirksen Senate of- motions to reconsider be considered to end MS; fice building, to conduct a hearing en- made and laid upon the table with no (2) to encourage everyone to do something titled, ‘‘Flood Control Infrastructure: intervening action or debate. to demonstrate a commitment to moving to- Safety Questions Raised by Current The PRESIDING OFFICER. Without ward a world free of MS; and (3) to acknowledge those who have dedi- Events.’’ objection, it is so ordered. cated time and talent to help promote MS COMMITTEE ON FINANCE The resolution (S. Res. 77) was agreed research and programs; and The Committee on Finance be au- to. Whereas, in 2017, Multiple Sclerosis Aware- thorized to meet during the session of The preamble was agreed to. ness Week is recognized during the week of the Senate on Wednesday, March 1, (The resolution, with its preamble, is March 5 through March 11: Now, therefore, printed in today’s RECORD under ‘‘Sub- be it 2017, at 10:30 a.m., in 215 Dirksen Sen- Resolved, That the Senate— ate Office Building, to consider nomi- mitted Resolutions.’’) (1) supports the goals and ideals of Mul- nation. f tiple Sclerosis Awareness Week; COMMITTEE ON THE JUDICIARY APPOINTMENT (2) encourages States, localities, and the The Committee on the Judiciary be territories and possessions of the United The PRESIDING OFFICER. The States to support the goals and ideals of authorized to meet during the session of the Senate, on March 1, 2017, fol- Chair, on behalf of the President pro Multiple Sclerosis Awareness Week by tempore, and upon the recommenda- issuing proclamations designating Multiple lowing the first vote on the Senate Sclerosis Awareness Week; Floor, in the Capitol, to conduct an ex- tion of the Democratic leader, pursu- (3) encourages media organizations— ecutive business meeting. ant to 22 U.S.C. 2761, appoints the fol- lowing Senator as Vice Chairman of (A) to participate in Multiple Sclerosis COMMITTEE ON HOMELAND SECURITY Awareness Week; and the Senate Delegation to the British- The Committee on Homeland Secu- (B) to help provide education to the public American Interparliamentary Group rity and Governmental Affairs be au- about multiple sclerosis; Conference during the 115th Congress: thorized to meet during the session of (4) commends the efforts of States, local- the Honorable Patrick J. Leahy of the Senate on Wednesday, March 1, ities, and the territories and possessions of Vermont. the United States to support the goals and 2017, at 10 a.m. to conduct a hearing en- ideals of Multiple Sclerosis Awareness Week; titled ‘‘The Effects of Border Insecu- f (5) recognizes and reaffirms the commit- rity and Lax Immigration Enforcement ORDER OF PROCEDURE ment of the United States to ending multiple on American Communities.’’ sclerosis by— Mr. MCCONNELL. Mr. President, I COMMITTEE ON VETERANS’ AFFAIRS (A) promoting awareness about individuals ask unanimous consent that following that are affected by multiple sclerosis; and The Committee on Veterans’ Affairs leader remarks on Thursday, March 2, (B) supporting multiple sclerosis research be authorized to meet during the ses- there be 20 minutes of debate, equally and education programs; sion of the Senate on Wednesday, (6) recognizes all individuals in the United divided, prior to the confirmation vote March 1, 2017, at 10 a.m., in room SD– on Executive Calendar No. 5, the nomi- States living with multiple sclerosis; G50 of the Dirksen Senate Office Build- (7) expresses gratitude to the family mem- nation of Ben Carson to be Secretary of bers and friends of individuals living with ing, to conduct a legislative presen- Housing and Urban Development, fol- multiple sclerosis, who are a source of love tation of The American Legion. lowed by up to 10 minutes of debate, and encouragement for those individuals; COMMITTEE ON VETERANS’ AFFAIRS equally divided, prior to the cloture and The Committee on Veterans’ Affairs vote on Executive Calendar No. 9, the (8) salutes the health care professionals be authorized to meet during the ses- nomination of Rick Perry to be Sec- and medical researchers who— sion of the Senate on Wednesday, (A) provide assistance to individuals af- retary of Energy, and if cloture is in- fected by multiple sclerosis; and March 1, 2017, at 2 p.m., in room SD– voked, time be counted as if invoked at (B) continue to work to find ways— G50 of the Dirksen Senate Office Build- 7 a.m. that day. (i) to stop multiple sclerosis; ing, to conduct a legislative presen- The PRESIDING OFFICER. Without (ii) to restore what has been lost due to tation of Veterans of Foreign Wars. objection, it is so ordered. multiple sclerosis; and SUBCOMMITTEE ON EMERGING THREATS AND f (iii) to end multiple sclerosis forever. CAPABILITIES f The Subcommittee on Emerging ORDERS FOR THURSDAY, MARCH AUTHORITY FOR COMMITTEES TO Threats and Capabilities of the Com- 2, 2017 MEET mittee on Armed Services be author- Mr. MCCONNELL. Mr. President, I ized to meet during the session of the Mr. MCCONNELL. Mr. President, I ask unanimous consent that when the Senate on Wednesday, March 1, 2017, at have eight requests for committees to Senate completes its business today, it 10:15 a.m., in closed session, to receive meet during today’s session of the Sen- adjourn until 9:30 a.m., Thursday, ate. They have the approval of the Ma- testimony on Global Counterterrorism. March 2; that following the prayer and jority and Minority leaders. f pledge, the morning hour be deemed Pursuant to Rule XXVI, paragraph expired, the Journal of proceedings be 5(a), of the Standing Rules of the Sen- SUPPORTING THE GOALS AND approved to date, and the time for the ate, the following committees are au- IDEALS OF MULTIPLE SCLE- two leaders be reserved for their use thorized to meet during today’s session ROSIS AWARENESS WEEK later in the day, and morning business of the Senate: Mr. MCCONNELL. Mr. President, I be closed; further, that following leader COMMITTEE ON COMMERCE, SCIENCE, AND ask unanimous consent that the Sen- remarks, the Senate proceed to execu- TRANSPORTATION ate proceed to the immediate consider- tive session and resume consideration The Committee on Commerce, ation of S. Res. 77, submitted earlier of the Carson nomination as under the Science, and Transportation be author- today. previous order.

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WOMEN’S HISTORY MONTH 2017 verance, contributions, and advances, the sto- So, on behalf of Alabama’s First Congres- ries of American women from all cultures and sional District, I want to thank Coach Tate for HON. PETER J. VISCLOSKY classes are being printed, spoken, recognized, his service to our nation and congratulate him OF INDIANA and celebrated. In an effort to illustrate the on winning his 100th State Championship. IN THE HOUSE OF REPRESENTATIVES many courageous and dedicated women f throughout America’s history, we remember Wednesday, March 1, 2017 and recount the tales of our ancestors’ talents, REMEMBERING THE VICTIMS OF Mr. VISCLOSKY. Mr. Speaker, it is with sacrifices, and commitments that serve as an THE SUMGAIT POGROMS great respect and admiration that I rise today inspiration to today’s generation of both in observance of Women’s History Month and women and men. I ask that you and my other HON. ADAM B. SCHIFF its 2017 theme: Honoring Trailblazing Women distinguished colleagues join me in celebrating OF CALIFORNIA in Labor and Business. Each year, the Na- meaningful and substantial impact women IN THE HOUSE OF REPRESENTATIVES tional Women’s History Project selects a uni- have had in labor and business throughout our Wednesday, March 1, 2017 fying theme to recognize and promote Wom- nation’s history. en’s History Month. This year’s theme features f Mr. SCHIFF. Mr. Speaker, I rise to com- the stories of women from diverse back- memorate the 29th Anniversary of the pogrom grounds and different fields who have chal- HONORING COACH JIM TATE ON against the Armenian residents of the town of lenged and changed the paid labor force to HIS 100TH STATE CHAMPIONSHIP Sumgait, Azerbaijan. Twenty-nine years ago, secure equal rights and equal opportunities for Azerbaijani mobs assaulted and killed their Ar- women in the workplace. HON. BRADLEY BYRNE menian neighbors. When the violence finally Despite facing barriers in the workplace, OF ALABAMA subsided, hundreds of Armenian civilians had women have always worked and, at times in IN THE HOUSE OF REPRESENTATIVES been brutally murdered and injured, women America’s history, have provided the majority Wednesday, March 1, 2017 and young girls were raped, and victims were of the volunteer labor force. Women of every Mr. BYRNE. Mr. Speaker, I rise today to tortured and burned alive. Those that survived race, class, and ethnic background are woven recognize Coach Jim Tate on winning his the carnage fled their homes and businesses, into the history of our nation’s labor force and 100th State Championship. This is a remark- leaving behind everything they had in their continue to significantly impact social and able and impressive achievement, and it high- desperation. legal structure in the workplace. lights Coach Tate’s dedication to the young The pogroms were the culmination of years Longstanding constraints, including religious men and women he has coached throughout of vicious anti-Armenian propaganda, spread and educational conventions, often meant his illustrious career. by the Azerbaijani authorities. The Azerbaijani women experienced limited opportunities, low A native of Mobile, Coach Tate is a grad- authorities made little effort to punish those re- wages, and poor working conditions while per- uate of The Citadel and received a master’s sponsible, instead attempting to cover up the forming low-skill, short-term labor positions in degree from the University of Alabama. He is atrocities in Sumgait to this day, as well as de- the American workforce. Strong role models also a veteran who served in the U.S. Army nying the role of senior government officials in such as Kate Mullany and Lucy Gonzalez-Par- from 1964 to 1969. During his military service, instigating the violence. Unsurprisingly, it was sons were pioneers in the organized labor he served in Vietnam with the elite 173rd Air- not the end of the violence, and was followed field in the late 19th century through the turn borne Brigade. by additional attacks, including the 1990 po- of 20th century. These women forged the way After brief stints at schools in South Caro- grom in Baku. for other women in all professions, trades, and lina and Georgia, Coach Tate started coaching The Sumgait massacre and the subsequent the arts and sciences to organize for better at Mobile’s St. Paul’s Episcopal School in attacks on ethnic Armenians, resulted in the working conditions and fair wages. Because of 1978. After originally coaching other sports, he virtual disappearance of a once thriving popu- these courageous trailblazers, women today, settled in as the boys and girls track and cross lation of 450,000 Armenians living in Azer- such as Yvonne Walker, the first African- country coach in 1981. baijan, and culminating in the war launched American woman to serve as President of the Throughout his career, Coach Tate broke against the people of Nagorno Karabakh. That Service Employees International Union (SEIU), numerous state and national records, including war resulted in thousands dead on both sides and Lily Ledbetter, whose landmark Supreme the nation’s record for the longest consecutive and created over one million refugees in both Court case of employee discrimination brought state championship streak in the nation at 16 Armenia and Azerbaijan. about legislative changes and the eponymous (1983 to 1998). He has also been inducted Time has not healed the wounds of those Fair Pay Act of 2009, women today are em- into the Mobile Sports Hall of Fame and the murdered in the pogroms in Sumgait, powered to serve as activists in the fight for National High School Hall of Fame. Kirovabad, and Baku. To the contrary, hatred fairness in the workplace. These remarkable On February 4, 2017, Coach Tate’s St. of Armenians is celebrated in Azerbaijan, a sit- women were leaders and organizers who not Paul’s girls indoor track and field team won uation most vividly exemplified by the case of only secured their own rights and access to the Class 4A–5A state championship at the Ramil Safarov, an Azerbaijani army captain equal opportunity but also served as a voice Birmingham CrossPlex. This marked Coach who savagely murdered an Armenian army for many women who were undervalued and Tate’s 100th state title. lieutenant, Gurgen Margaryan with an axe underpaid. Mr. Speaker, Jim Tate has had a positive while he slept. The two were participating in a Women today continue to carry the torch to impact on countless student athletes through- NATO Partnership for Peace exercise at the secure workplace justice and equality and to out his career. Over 60 of his former athletes time in Hungary. In 2012, Safarov was sent contest and challenge norms in the American have gone on to perform at the collegiate home to Azerbaijan, purportedly to serve out workforce. These female entrepreneurs, labor level. Like any good leader, Coach Tate at- the remainder of his sentence. Instead, he leaders, and innovators have challenged tributes his success to his athletes, parents, was pardoned, promoted, and paraded stereotypes and social assumptions about who and supporters, but there is no denying his re- through the streets of Baku as a returning women are and what they can achieve. These markable ability to get the best out of the peo- hero. strong women, past and present, serve as re- ple he coaches. The assault on ethnic Armenian civilians in markable role models who reflect the 2017 Many high schools can only dream of hav- Sumgait helped touch off what would become theme, Honoring Trailblazing Women in Labor ing 100 state championships in their entire his- a direct conflict between Armenia and Azer- and Business. tory, but Coach Tate has reached that level baijan over Nagorno Karabakh. And today, Mr. Speaker, I am honored to join in cele- himself. This high level of success is a testa- Azerbaijan’s dangerous behavior on the Line brating Women’s History Month and to recog- ment to his drive, motivation, knowledge, and of Contact threatens peace and stability in the nize that after decades of dedication, perse- character. region. Artillery and sniper fire across the Line

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 03:34 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K01MR8.001 E01MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E254 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2017 of Contact has become a fact of daily life for Jutila for being named a 2017 Forty Under 40 ily, peers, and community. Most notably, civilians in the Nagorno Karabakh Republic, honoree by the award-winning central Iowa Caleb has earned the rank of Brave in the causing numerous casualties. In April of last publication, Business Record. Tribe of Mic–O–Say. Caleb has also contrib- year, Azerbaijan launched its most aggressive Since 2000, Business Record has under- uted to his community through his Eagle Scout attack in many years, resulting in the loss of taken an exhaustive annual review to identify project. Caleb led a group of scouts to the many lives over the course of three days of in- a standout group of young leaders in the Platte City Cemetery to use GPS tracking and tense fighting. Greater Des Moines Area that are making an photographs to document nearly 1,000 grave- Along with other Members of Congress, I impact in their communities and their careers. stones in the cemetery and preserve the his- have consistently called for a direct inter- Each year, forty up-and-coming community torical information online. national response to Azerbaijan’s aggressive and business leaders under 40 years of age Mr. Speaker, I proudly ask you to join me in behavior through deployment of international are selected for this prestigious honor based commending Caleb Thomas Jaynes for his ac- monitors and technology to monitor ceasefire on a combined criteria of community involve- complishments with the Boy Scouts of Amer- violations. Azerbaijan’s continued rejection of ment and success in their chosen career field. ica and for his efforts put forth in achieving the these simple steps speaks volumes, but I be- The 2017 class of Forty Under 40 honorees highest distinction of Eagle Scout. lieve they should not prevent the installation of will join an impressive roster of 680 past busi- f these technologies within Nagorno Karabakh. ness leaders and growing. The anniversary of Sumgait is a reminder of Stephanie is a passionate horticulturist, hav- RECOGNIZING JAMES HOLLAND the consequences when aggression and ha- ing worked at a number of gardens, zoos and tred is allowed to grow unchecked. arboretums, including the Smithsonian Institu- HON. JERROLD NADLER Mr. Speaker, this April we will mark the tion and the American Horticultural Society. OF NEW YORK 102nd Anniversary of the Armenian Genocide, Since becoming its first president and CEO, IN THE HOUSE OF REPRESENTATIVES an event the Turkish government, Azerbaijan’s she has led the transformation of the Des Wednesday, March 1, 2017 closest ally, goes to great lengths to deny. We Moines Botanical Center from a municipal to must not let such crimes against humanity go public garden as part of an $18.6 million cap- Mr. NADLER. Mr. Speaker, I rise today to unrecognized, whether they occurred yester- ital campaign. Through her leadership, the recognize an exceptional young Australian day or 28 years ago or 100 years ago. Today, nonprofit has grown its operating budget by who is currently interning in my Washington, let us pause to remember the victims of the 175 percent, doubled the garden’s annual visi- D.C. office. James Holland came to our office atrocities of the Sumgait pogroms. Mr. Speak- tation, and cultivated a signature guest experi- as part of the Uni-Capitol Washington Intern- er, it is our moral obligation to condemn ence through its garden design and innovative ship Programme (UCWIP) and has been a crimes of hatred and to remember the victims, programming. valuable contributor to our efforts on behalf of in hope that history will not be repeated. Mr. Speaker, it is a profound honor to rep- New York’s Tenth Congressional District. f resent leaders like Stephanie in the United UCWIP has worked with congressional of- States Congress and it is with great pride that fices to foster strong ties and understanding HONORING ANDREW CABLE I recognize her today for utilizing her talents to between the United States and Australian gov- better both her community and the great state ernments by bringing the best and the bright- HON. SAM GRAVES of Iowa. I ask that my colleagues in the United est from top Australian universities to intern on OF MISSOURI States House of Representatives join me in Capitol Hill. I am proud to have personally IN THE HOUSE OF REPRESENTATIVES congratulating Stephanie on receiving this es- hosted 13 Australians since 2003, each bring- Wednesday, March 1, 2017 teemed designation, thanking those at Busi- ing their unique outlooks on policy and desire to contribute. Mr. GRAVES of Missouri. Mr. Speaker, I ness Record for their great work, and wishing James, a student from Monash University proudly pause to recognize Andrew Cable. An- each member of the 2017 Forty Under 40 as well as valedictorian for the UCWIP Class drew is a very special young man who has ex- class a long and successful career. of 2017, has worked in our office since Janu- emplified the finest qualities of citizenship and f ary and quickly proved himself to be a highly leadership by taking an active part in the Boy PERSONAL EXPLANATION valuable member of our team. He has re- Scouts of America, Troop 1376, and earning searched important issues, attended briefings, the most prestigious award of Eagle Scout. Andrew has been very active with his troop, HON. KEVIN BRADY and drafted constituent correspondence, participating in many scout activities. Over the OF TEXAS among many other duties. He consistently dis- many years Andrew has been involved with IN THE HOUSE OF REPRESENTATIVES plays a deep desire to learn and treats every- one that he encounters with respect. His hard scouting, he has not only earned numerous Wednesday, March 1, 2017 merit badges, but also the respect of his fam- work and dedication is a tremendous asset to ily, peers, and community. Most notably, An- Mr. BRADY of Texas. Mr. Speaker, on roll our office and the Tenth Congressional Dis- drew has served his troop as an Assistant call No. 103, I was unavoidably detained to trict. My team has learned a great deal about the Senior Patrol Leader, become a Brotherhood cast my vote in time. Had I been present, I current political situation in Australia as member of the Order of the Arrow, and earned would have voted YES. James’ fascination with America continues to the rank of Fire Builder in the Tribe of Mic-O– f grow. He is an absolute pleasure to have in Say. Andrew has also contributed to his com- HONORING CALEB THOMAS the office and I offer him my thanks for a job munity through his Eagle Scout project. An- JAYNES well done. I wish him the best of luck in all of drew constructed a gazebo with swings sur- his future endeavors. rounding a fire pit at Immacolata Manor, a fa- cility for women with developmental disabilities HON. SAM GRAVES f OF MISSOURI in Liberty, Missouri. TRIBUTE TO KAREN KARR Mr. Speaker, I proudly ask you to join me in IN THE HOUSE OF REPRESENTATIVES commending Andrew Cable for his accom- Wednesday, March 1, 2017 HON. DAVID YOUNG plishments with the Boy Scouts of America Mr. GRAVES of Missouri. Mr. Speaker, I and for his efforts put forth in achieving the OF IOWA proudly pause to recognize Caleb Thomas IN THE HOUSE OF REPRESENTATIVES highest distinction of Eagle Scout. Jaynes. Caleb is a very special young man f who has exemplified the finest qualities of citi- Wednesday, March 1, 2017 TRIBUTE TO STEPHANIE JUTILA zenship and leadership by taking an active Mr. YOUNG of Iowa. Mr. Speaker, I rise part in the Boy Scouts of America, Troop today to recognize and congratulate Karen HON. DAVID YOUNG 1028, and earning the most prestigious award Karr for being named a 2017 Forty Under 40 of Eagle Scout. honoree by the award-winning central Iowa OF IOWA Caleb has been very active with his troop, publication, Business Record. IN THE HOUSE OF REPRESENTATIVES participating in many scout activities. Over the Since 2000, Business Record has under- Wednesday, March 1, 2017 many years Caleb has been involved with taken an exhaustive annual review to identify Mr. YOUNG of Iowa. Mr. Speaker, I rise scouting, he has not only earned numerous a standout group of young leaders in the today to recognize and congratulate Stephanie merit badges, but also the respect of his fam- Greater Des Moines Area that are making an

VerDate Sep 11 2014 03:34 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K01MR8.003 E01MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS March 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E255 impact in their communities and their careers. Wilder began his law enforcement career with I condemn these horrific attacks. Tragically, Each year, forty up-and-coming community the city in 1981 as an unpaid auxiliary officer. the Azerbaijani government’s approach toward and business leaders under 40 years of age Two years later, he was hired as a part time the Armenian people has not changed much are selected for this prestigious honor based patrolman, and his full time service to the citi- since these attacks were perpetrated. In 2017, on a combined criteria of community involve- zens of North Canton began in 1986. He was we hear the same violent rhetoric and witness ment and success in their chosen career field. promoted to lieutenant in 1996 and became the intimidation tactics by the Azerbaijani gov- The 2017 class of Forty Under 40 honorees Chief of Police on May 29, 2011. ernment against the people of Nagorno will join an impressive roster of 680 past busi- Before serving the City of North Canton, Karabakh. ness leaders and growing. Chief Wilder was a graduate of Glenwood If we do not condemn crimes against hu- Karen is an attorney at BrownWinick law High School and Kent State University, where manity and allow them to go unpunished and firm, focusing on complex residential and com- he studied Criminal Justice. He went on to ob- unrecognized we only strengthen the resolve mercial real estate transactions. She grad- tain his Master’s in Criminal Justice Adminis- of those seeking to perpetrate these crimes in uated with distinction from the University of tration from Tiffin University, and his education the future. The Armenian people have known Iowa in 2003 and received her J.D. with hon- also includes studies at Northwestern Univer- this for too long, as we prepare to commemo- ors from Drake University in 2008. She is a sity Center for Public Safety School of Police rate the 102nd Anniversary of the Armenian member of the Polk County, Iowa State, and and Command, as well as the Ohio Police As- Genocide in April. American Bar Associations, as well as a mem- sociation of Chiefs of Police Executive Leader- I will continue to work with my colleagues ber of the Polk County Women Attorneys. Out- ship College. on the Congressional Armenian Issues Cau- side of her work, she serves on the boards for In addition to serving his community in a law cus to remember the victims of the pogroms at Operations Downtown and the Des Moines enforcement capacity, Chief Wilder has also Sumgait and to condemn all acts of violence Social Club. Karen also serves on the Capital served North Canton through his active partici- against people who are targeted simply be- Campaign Committee and as a mentor with pation in many civic and professional organi- cause of their existence. I hope my colleagues Community Youth Concepts. zations. He has held positions and honors with will join me in rejecting violent rhetoric and in- Mr. Speaker, it is a profound honor to rep- the North Canton YMCA, North Canton Cham- timidation and renewing our commitment to resent leaders like Karen in the United States ber of Commerce, Junior Achievement, Rotary achieving a collective peace. Congress and it is with great pride that I rec- Club, Knights of Columbus, Ohio Association f ognize her today for utilizing her talents to bet- and the International Association of Chiefs of ter both her community and the great state of Police, Stark County Police Chiefs Associa- RECOGNIZING RUTGERS CANCER Iowa. I ask that my colleagues in the United tion, and Boy Scouts of America Buckeye INSTITUTE OF NEW JERSEY AT States House of Representatives join me in Council. He has been active with the Boy UNIVERSITY HOSPITAL congratulating Karen on receiving this es- Scouts since he became an Eagle Scout in teemed designation, thanking those at Busi- 1967. HON. DONALD M. PAYNE, JR. ness Record for their great work, and wishing Throughout his career, Chief Wilder has re- OF NEW JERSEY each member of the 2017 Forty Under 40 ceived numerous rewards and honors. He has IN THE HOUSE OF REPRESENTATIVES class a long and successful career. been honored with the Franklin M. Kremi Leadership Award by Northwestern University Wednesday, March 1, 2017 f and by the Plain Local Schools Foundation Mr. PAYNE. Mr. Speaker, I rise today to HONORING CRAIG E. MUILLER and Alumni Association Hall of Distinction. recognize the newly formed partnership be- This week, the City of North Canton cele- tween the Rutgers Cancer Institute of New HON. SAM GRAVES brates Chief Wilder’s distinguished career and Jersey and University Hospital, located in his retirement. I offer my congratulations to Newark, New Jersey. This landmark agree- OF MISSOURI Chief Wilder on his retirement and thank him ment, designated by the National Cancer Insti- IN THE HOUSE OF REPRESENTATIVES for his years of service. North Canton and I tute, brings Rutgers’ NCI-designated Com- Wednesday, March 1, 2017 are grateful to him for everything he has done prehensive Cancer Center services, as the Mr. GRAVES of Missouri. Mr. Speaker, I as a member of the city’s law enforcement only one in the state of New Jersey. This will proudly pause to recognize Craig E. Muiller. and as a leader in the community. I ask my expand the offering of advanced cancer-re- Craig is a very special young man who has colleagues in the House to join me in paying lated services for residents of Newark and the exemplified the finest qualities of citizenship tribute to a valued public servant and wishing greater Essex County—which includes many and leadership by taking an active part in the him a happy retirement. constituents in the 10th Congressional District Boy Scouts of America, Troop 397, and earn- f of New Jersey. The partnership expands the offering of ad- ing the most prestigious award of Eagle Scout. IN RECOGNITION OF THE VICTIMS vanced cancer-related services, including clin- Craig has been very active with his troop, OF THE SUMGAIT POGROMS participating in many scout activities. Over the ical trials only available at NCI-designated many years Craig has been involved with HON. , JR. cancer centers, community outreach and edu- scouting, he has not only earned numerous cation programs focusing on cancer preven- OF NEW JERSEY merit badges, but also the respect of his fam- tion, and early detection including increased IN THE HOUSE OF REPRESENTATIVES ily, peers, and community. Most notably, Craig screenings. The focus on early detection and has contributed to his community through his Wednesday, March 1, 2017 preventions is very important as March is Na- Eagle Scout project. Mr. PALLONE. Mr. Speaker, I rise today to tional Colorectal Cancer Month. Colorectal Mr. Speaker, I proudly ask you to join me in commemorate the Sumgait pogroms, one of cancer is the third most common type of can- commending Craig E. Muiller for his accom- the most horrific attacks against the Armenian cer in men and women in our country. Accord- plishments with the Boy Scouts of America people, committed at the hands of ing to the American Cancer Society, it is the and for his efforts put forth in achieving the Azerbaijanis 29 years ago. third leading cause of cancer-related deaths in highest distinction of Eagle Scout. On February 27, 1988, hundreds of Arme- the United States when men and women are f nian civilians living in the city of Sumgait in considered separately, and the second leading Azerbaijan were indiscriminately killed, raped, cause when both sexes are combined. In HONORING CHIEF STEPHAN B. maimed, and even burned alive for no reason 2016, it was estimated that 134,490 new WILDER other than their ethnicity. This senseless vio- cases would be diagnosed, and that 49,190 lence was instigated by hostile, anti-Armenian people would die from colorectal cancer. The HON. JAMES B. RENACCI rhetoric from Azerbaijani citizens and officials availability of the latest treatment options and OF OHIO against innocent Armenians. clinical trials at the Rutgers Cancer Institute at IN THE HOUSE OF REPRESENTATIVES For nearly three decades, Azerbaijan has University Hospital are expected to improve taken steps to cover up these crimes against patient outcomes and increase awareness of Wednesday, March 1, 2017 humanity and dismiss the atrocities at early detection and prevention to help reduce Mr. RENACCI. Mr. Speaker, I rise today to Sumgait. Even more disturbing is that per- cancer incidence and burden in the 10th Con- pay tribute to Stephan B. Wilder, Chief of Po- petrators of this event and similar violent at- gressional District. lice for North Canton, Ohio, who is now retir- tacks have since been lauded as national he- This partnership embraces University Hos- ing after 36 years of service to the city. Chief roes. pital’s patient-centered care model, and will

VerDate Sep 11 2014 03:34 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.004 E01MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E256 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2017 create a multidisciplinary team of experts that IN RECOGNITION OF MARY Mr. Conway earned the Distinguished Service will include: medical, surgical, and radiation MARRARA, SCRANTON UNICO’S Cross and the Bronze Star. He and his fellow oncologists, oncology certified nurses, patient UNICAN OF THE YEAR Seamen’s service in the Pacific was docu- navigators, social workers, registered dieti- mented in Life Magazine, a tribute to the he- tians, pharmacists, and other specially trained HON. MATT CARTWRIGHT roes who fought imperialism. When Mr. Conway returned to the United OF PENNSYLVANIA support personnel. The Cancer Institute is also States, he worked for Cooper Industries in IN THE HOUSE OF REPRESENTATIVES physically connected to University Hospital, Mount Vernon, Ohio. A devoted member of which allows patients to access additional clin- Wednesday, March 1, 2017 the community, Mr. Conway served as City ical services, clinical research opportunities, Mr. CARTWRIGHT. Mr. Speaker, I rise Council President for nearly 30 years and was screening and education programs and admin- today to honor Mary Marrara, who will be hon- deeply involved in several veterans associa- istrative offices. Additionally, the new partner- ored as Unican of the Year on March 4, 2017 tions. He is the proud father of nine children, ship will create educational opportunities for during the annual Scranton UNICO banquet. several grandchildren, and even great-chil- community partners in the Newark area to Each year UNICO honors a member that puts dren. Mr. Speaker, on behalf of the citizens of work with University Hospital to identify can- Service above self. Mary has a lifetime record of service to the Scranton community. Ohio’s 7th Congressional District, I would like cer-related needs and develop culturally ap- to thank Conrad Conway for his service. Our propriate education. These activities will form Mary was born and raised in Fort Wash- ington, Pennsylvania. She attended school in country is forever indebted to the sacrifices he the basis for future cancer-focused outreach the Philadelphia area, and she started her ca- made to defend our freedoms. initiatives, which will focus on improving can- reer as a dental manager there. In 1970, she f cer literacy and communication between pa- and her husband Phil moved to Scranton. PERSONAL EXPLANATION tients and healthcare providers. Mary and Phil own P & M Associates, Inc. The This collaboration is essential to expanding company was one of the first to offer cabinet HON. KEVIN BRADY refacing with a major national department comprehensive cancer services, including pre- OF TEXAS store. They have received every top award for vention, education, early detection, increased IN THE HOUSE OF REPRESENTATIVES screenings, and clinical trials in Newark and over 25 years for customer service and instal- lations. Mary was part of the team in Chicago Wednesday, March 1, 2017 Essex County, New Jersey and I am honored that created the Quality Every Day program, Mr. BRADY of Texas. Mr. Speaker, on roll to recognize this exciting partnership between which set the standard for the national installa- call no. 104, I was unavoidably detained to the Rutgers Cancer Institute and University tion. Currently, they work with major retailers cast my vote in time. Had I been present, I Hospital. and sell and install kitchens on their own. would have voted YES. Mary also owned and operated an ice cream f f shop, The Mary Go Round, which included TRIBUTE TO JOHN LEDER The Floral Corner with her sister Fran. KEYBANK In her 47 years of living in northeastern Pennsylvania Mary has served in, helped, and HON. DAVID YOUNG advised a wide array of area organizations. OF IOWA HON. ED PERLMUTTER One of the first charities Mary became in- IN THE HOUSE OF REPRESENTATIVES OF COLORADO volved with was St. Joseph’s Center, which Wednesday, March 1, 2017 helps individuals with intellectual disabilities or Mr. YOUNG of Iowa. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES developmental delays, pregnant women, today to recognize and congratulate John Wednesday, March 1, 2017 young families, couples hoping to adopt, and Leder for being named a 2017 Forty Under 40 people who require outpatient therapy. Cur- honoree by the award-winning central Iowa Mr. PERLMUTTER. Mr. Speaker, I rise rently, Mary serves on several boards of The publication, Business Record. today to recognize KeyBank for being honored Wright Center and co-chairs the Wonderful Since 2000, Business Record has under- as the Large Business of the Year by the Women Program and the Wright Center taken an exhaustive annual review to identify West Chamber of Commerce. Health Fair. She also serves on the boards of a standout group of young leaders in the the American Red Cross, the NEPA Phil- Greater Des Moines Area that are making an KeyBank is a valuable community partner harmonic League, LaFesta Italiana, and the impact in their communities and their careers. across the Denver Metro area and in Jefferson UNICO Scranton chapter. She is a committee Each year, forty up-and-coming community County. In Colorado, KeyBank has 700 em- member of the Jim Minicozzi 5K Race, the and business leaders under 40 years of age ployees, 61 branches and gives generously to Jermyn Lions Club, and she serves on the ad- are selected for this prestigious honor based more than 50 community partners every year visory boards for Meals on Wheels and the on a combined criteria of community involve- in support of education, workforce develop- Scranton Cultural Center. ment and success in their chosen career field. ment and advancing economic inclusion It is an honor to recognize Mary Marrara for The 2017 class of Forty Under 40 honorees through building stronger neighborhoods and receiving the Unican of the Year Award from will join an impressive roster of 680 past busi- communities. Scranton UNICO. I am grateful for her commit- ness leaders and growing. ment to the citizens of northeastern Pennsyl- John is an account executive at Holmes For the past two years, KeyBank has spon- vania. I hope that she will continue to work for Murphy and Associates, where he helps en- sored the ‘‘Launch’’ program for the Jefferson the welfare of her neighbors and the improve- sure clients get the best service available. But County Business Resource Center. Through ment of her community. it is his family that truly drives him both profes- this sponsorship, KeyBank plays an important f sionally and personally. Their experience with role in helping local entrepreneurs create busi- his son Owen’s challenges with cerebral palsy HONORING MR. CONRAD CONWAY ness plans and develop the skills they need to has caused John to focus much of his volun- teer efforts on helping children with chal- start a small business. HON. BOB GIBBS lenging medical conditions and their families. In addition to supporting local entrepreneurs OF OHIO He has been active with Variety, The Chil- through the ‘‘Launch’’ program, KeyBank also IN THE HOUSE OF REPRESENTATIVES dren’s Charity, Courage League Sports and plays an important role in funding small busi- Gillette Children’s Specialty Hospital. He con- Wednesday, March 1, 2017 nesses in Jefferson County. KeyBank has pro- tributes in a number of ways, from sharing his vided small business loans to numerous local Mr. GIBBS. Mr. Speaker, I am honored to experiences with other families, helping to entrepreneurs, which have helped them ac- recognize Mr. Conrad Conway’s brave service raise money, and spreading awareness of quire other businesses, purchase real estate in the Navy during World War II. His fight to adaptive fitness and wellness programs. protect our freedoms and liberties is cherished Mr. Speaker, it is a profound honor to rep- or grow their businesses in a variety of ways. by our entire nation. resent leaders like John in the United States I extend my deepest congratulations to Mr. Conway served in the Pacific Theater Congress and it is with great pride that I rec- KeyBank for this well-deserved honor from the during the Second World War as a Signalman ognize him today for utilizing his talents to bet- West Chamber of Commerce. in the Navy. For his bravery in the line of duty, ter both his community and the great state of

VerDate Sep 11 2014 03:34 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K01MR8.009 E01MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS March 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E257 Iowa. I ask that my colleagues in the United Zero is the goal of eliminating all transpor- TRIBUTE TO JOSHUA States House of Representatives join me in tation-related fatalities, including pedestrians, MANDELBAUM congratulating John on receiving this es- bicyclists, transit users, motorists and pas- teemed designation, thanking those at Busi- sengers. Cities from Portland, Oregon to Fort HON. DAVID YOUNG ness Record for their great work, and wishing Lauderdale, Florida are implementing inter- OF IOWA each member of the 2017 Forty Under 40 agency Vision Zero plans that connect engi- IN THE HOUSE OF REPRESENTATIVES class a long and successful career. neering, education, and enforcement to reach Wednesday, March 1, 2017 f the goal of ending transportation deaths and Mr. YOUNG of Iowa. Mr. Speaker, I rise HONORING THE 100TH ANNIVER- serious injuries. Despite the horrific national today to recognize and congratulate Joshua SARY OF THE ST. CLAIR COUNTY statistics, Vision Zero is already making a dif- Mandelbaum for being named a 2017 Forty (WEST) ROTARY CLUB ference at street level. Under 40 honoree by the award-winning cen- Congress should encourage this innovative tral Iowa publication, Business Record. HON. MIKE BOST approach to transportation safety, and today Since 2000, Business Record has under- OF ILLINOIS I’m pleased to introduce the Vision Zero Act of taken an exhaustive annual review to identify a standout group of young leaders in the IN THE HOUSE OF REPRESENTATIVES 2017 with my friend, Representative VERN Greater Des Moines Area that are making an Wednesday, March 1, 2017 BUCHANAN. This bill creates grant programs to impact in their communities and their careers. Mr. BOST. Mr. Speaker, I rise today in rec- plan and implement a Vision Zero framework, Each year, forty up-and-coming community ognition of the 100th Anniversary of the Rotary giving local communities of all sizes access to and business leaders under 40 years of age Club of St. Clair County (West). funding and best practices to set and reach are selected for this prestigious honor based On March 1, 1917, the Rotary Club of St. safety goals. We should no longer accept bi- on a combined criteria of community involve- Clair County (West) received its first charter cycle and pedestrian fatalities as harsh reality, ment and success in their chosen career field. with 30 members in attendance, becoming the and this bill gives us the tools to reverse this The 2017 class of Forty Under 40 honorees first Rotary Club activated in Southern Illinois. trend. will join an impressive roster of 680 past busi- These members represented real estate ness leaders and growing. agents, bankers, lawyers, lumber and livestock f Joshua is committed to serving his commu- workers, farmers, and many other professions nity. As an environmental attorney at the Envi- that make up the fabric of Southern Illinois. IN RECOGNITION OF THE ronmental Law and Policy Center, he is a Since its activation, the Rotary Club has REPUBLIC OF KAZAKHSTAN leading voice for Iowa’s clean energy econ- been a support group to countless business omy and constantly working towards collabo- owners through the Great Depression, World rative solutions to improving Iowa’s water War II, and beyond. Not only do its members HON. MARK MEADOWS quality. As a father of two young children, he focus on strengthening businesses, but they brings passion and insight to the Polk County OF NORTH CAROLINA also focus on enriching the community through Early Childhood Iowa board and its work to charitable work. IN THE HOUSE OF REPRESENTATIVES provide quality early childhood education and The Red Cross, Salvation Army, Boys and child care to all of Polk County. Girl Scouts of America, and YMCA are only a Wednesday, March 1, 2017 Mr. Speaker, it is a profound honor to rep- few of the organizations with which St. Clair Mr. MEADOWS. Mr. Speaker, I rise today to resent leaders like Joshua in the United States County (West) has been instrumental in commend the Republic of Kazakhstan and its Congress and it is with great pride that I rec- strengthening Southern Illinois, including cre- ognize him today for utilizing his talents to bet- President on taking significant steps towards a ating the Edgemont YMCA facility and a col- ter both his community and the great state of lege scholarship program for high school sen- more open and democratized form of govern- Iowa. I ask that my colleagues in the United iors. ance. Recently, President Nursultan States House of Representatives join me in We are grateful for the contributions that Nazarbayev announced constitutional reforms congratulating Joshua on receiving this es- Rotary Clubs around the nation are making on aimed at improving the accountability of gov- teemed designation, thanking those at Busi- a daily basis. I urge all of my colleagues to ernment and the transfer of many powers to ness Record for their great work, and wishing join me in recognition of the 100th Anniversary the Parliament and ministry level. each member of the 2017 Forty Under 40 of the St. Clair County (West) Rotary Club. Last December, Kazakhstan celebrated class a long and successful career. f twenty-five years of independence from the f INTRODUCTION OF THE VISION former Soviet Union. In those twenty-five HONORING THE LIFE AND ZERO ACT years, Kazakhstan has become a modernized ACHIEVEMENTS OF DR. JARED republic, moved towards a market-based JAMES GRANTHAM HON. EARL BLUMENAUER economy, and stewarded growth and pros- OF OREGON perity for its citizens. Kazakhstan’s President HON. EMANUEL CLEAVER IN THE HOUSE OF REPRESENTATIVES Nazarbayev is now taking the welcomed steps OF MISSOURI Wednesday, March 1, 2017 towards implementing the political and con- IN THE HOUSE OF REPRESENTATIVES stitutional reforms that a modern republic, gov- Wednesday, March 1, 2017 Mr. BLUMENAUER. Mr. Speaker, the true erned by the people and for the people, re- American carnage is what’s happening on our quires for continued long-term stability and Mr. CLEAVER. Mr. Speaker, I rise today to roadways. More than 40,000 people were recognize and honor a doctor and educator prosperity. killed last year on streets in communities from the Kansas City area who recently around the country, yet this is accepted as in- I am proud of the United States’ partnership passed away. Dr. Jared James Grantham evitability. We can do better. We have to do with Kazakhstan as it continues to make clear passed away on Sunday, January 22nd at the better. its commitment to the rights of its citizens, and age of 80, after undergoing treatment for can- Even more concerning, fatalities of our most we encourage its progress in protecting reli- cer. vulnerable road users, pedestrians and gious minorities and freedom of the press. During his time at the University of Kansas bicyclists, make up a disproportionate share of These commendable steps towards the de- Medical Center, he founded their Kidney Insti- those deaths, with pedestrian fatalities in- mocratization of government serve as an ex- tute, and a renal research and training pro- creasing 16 percent from 2009 to 2014 and ample for other countries in the region. gram. As the director of the Kidney Institute at jumping another 9 percent from 2015 to 2016. the University of Kansas Medical Center, he People who die on our streets are In the coming months, I look forward to wel- pioneered research into Polycystic Kidney Dis- disproportionally children, seniors, and people coming and working with the new Ambassador ease. Dr. Grantham’s many contributions to from low-income or minority communities. to the United States, H.E. Erzhan this research include the discovery of hydro- Communities across the country have rec- Kazykhanov, and commend the Kazakh gov- osmotic effects of the hormone vasopressin in ognized that there is only one number of ac- ernment for the willingness to continuously im- the kidneys, as well as the discovery that the ceptable deaths on our streets: zero. Vision prove the country’s governmental system. renal tubules secrete and reabsorb solutes

VerDate Sep 11 2014 03:34 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.008 E01MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E258 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2017 and water, a finding that came from a series TRIBUTE TO SKYLAR MAYBERRY- PERSONAL EXPLANATION of experiments that showed that kidney cysts MAYES in Polycystic Kidney Disease patients are in HON. RICHARD HUDSON fact distended renal tubules that trap fluid OF NORTH CAROLINA within an expanding cavity lined by a single HON. DAVID YOUNG IN THE HOUSE OF REPRESENTATIVES layer of cells. OF IOWA Wednesday, March 1, 2017 Dr. Grantham’s drive to find a cure for Poly- IN THE HOUSE OF REPRESENTATIVES Mr. HUDSON. Mr. Speaker, on roll call no. cystic Kidney Disease was sparked by a mem- Wednesday, March 1, 2017 105, I was unable to cast my vote in person ory. His childhood friend, Ronnie Wilkerson, due to an unexpected illness. Had I been suffered from Polycystic Kidney Disease. With- Mr. YOUNG of Iowa. Mr. Speaker, I rise present, I would have voted Yea. out this inspiration, Dr. Grantham would have today to recognize and congratulate Skylar f never found that renal tubules in the kidney Mayberry-Mayes for being named a 2017 both secrete and reabsorb solutes and water. Forty Under 40 honoree by the award-winning TRIBUTE TO PHILIP SANDAGER This eventually led to his confirmation that the central Iowa publication, Business Record. cysts are neoplastic growths filled with liquid. Since 2000, Business Record has under- HON. DAVID YOUNG In 1982, alongside Joseph Bruening, Dr. taken an exhaustive annual review to identify OF IOWA Grantham founded the Polycystic Kidney Dis- a standout group of young leaders in the IN THE HOUSE OF REPRESENTATIVES ease Foundation to help advance research Greater Des Moines Area that are making an Wednesday, March 1, 2017 impact in their communities and their careers. into this horrible disease. The Polycystic Kid- Mr. YOUNG of Iowa. Mr. Speaker, I rise Each year, forty up-and-coming community ney Disease Foundation is the only organiza- today to recognize and congratulate Philip and business leaders under 40 years of age tion in the United States solely dedicated to Sandager for being named a 2017 Forty are selected for this prestigious honor based finding treatments and a cure for polycystic Under 40 honoree by the award-winning cen- on a combined criteria of community involve- kidney disease, as well as improve the lives of tral Iowa publication, Business Record. ment and success in their chosen career field. those who suffer with it. Over the last 30 Since 2000, Business Record has under- The 2017 class of Forty Under 40 honorees years, the Polycystic Kidney Disease Founda- taken an exhaustive annual review to identify will join an impressive roster of 680 past busi- tion has invested over $40 million in basic and a standout group of young leaders in the ness leaders and growing. clinical research, nephrology fellowships, and Greater Des Moines Area that are making an scientific meetings with a simple goal: to dis- Skylar is a commercial underwriter for Na- impact in their communities and their careers. cover and deliver treatments and a cure for tionwide Insurance and is also a business Each year, forty up-and-coming community Polycystic Kidney Disease. graduate student at Iowa State. In addition to and business leaders under 40 years of age work and school, he is also very active in his Before the Polycystic Kidney Disease Foun- are selected for this prestigious honor based community, having committed over 500 hours dation was established, Dr. Grantham was on a combined criteria of community involve- of community service for the past four years. one of the very few researchers studying the ment and success in their chosen career field. He has worked with Big Brothers Big Sisters, disease. In February 1981, the Kansas City The 2017 class of Forty Under 40 honorees the Oakridge Neighborhood, Young Profes- Star ran an article entitled ‘‘Research lags on will join an impressive roster of 680 past busi- sionals Connection, and the Greater Des hereditary condition, specialist says.’’ This arti- ness leaders and growing. Moines Partnership’s Diversity and Inclusion cle caught the eye of Mr. Joseph Bruening, a Philip is an investment management actuary Council. In 2015, he was a recipient of the Kansas City, Missouri native and businessman with Principal Financial Group, a job which Barack Obama President’s National Volunteer has taken him to Sa˜o Paulo, Brazil, London, whose wife and daughter both suffered from Service Award. His aspiration is to one day Polycystic Kidney Disease. In December of and the United Kingdom as an active leader in develop a comprehensive college preparatory the department. Outside of work, Philip is very 1981, Mr. Bruening mailed a letter to Dr. program for young African-American men. Grantham interested in contributing funds to- active with United Way of Central Iowa, his wards research of this disease. Eventually, the Mr. Speaker, it is a profound honor to rep- church’s multicultural outreach campus, as a two met and agreed to create a not-for-profit resent leaders like Skylar in the United States volunteer math tutor, and with the Des Moines independent medical foundation whose goal Congress and it is with great pride that I rec- Choral Society, where he helps to increase was to create a cure for Polycystic Kidney Dis- ognize him today for utilizing his talents to bet- their online presence. Philip has also been ease. In 2013, the Polycystic Kidney Disease ter both his community and the great state of recognized by the Des Moines Playhouse with Iowa. I ask that my colleagues in the United Foundation made a great stride towards a a Gypsy Volunteer Award. In his spare time, States House of Representatives join me in cure. Tolvaptan, the first drug to show promise Philip enjoys playing piano, scuba diving, congratulating Skylar on receiving this es- learning languages, and traveling around the in treating this disease, was accepted for pri- teemed designation, thanking those at Busi- world. ority review by the FDA. ness Record for their great work, and wishing Mr. Speaker, it is a profound honor to rep- Mr. Speaker, I ask my colleagues to join me each member of the 2017 Forty Under 40 resent leaders like Philip in the United States today to pause for a moment to honor Dr. class a long and successful career. Congress and it is with great pride that I rec- Grantham, a pioneer of research for Polycystic ognize him today for utilizing his talents to bet- Kidney Disease. The lives of people with this f ter both his community and the great state of disease are better off because of his research Iowa. I ask that my colleagues in the United and vision. PERSONAL EXPLANATION States House of Representatives join me in congratulating Philip on receiving this es- f teemed designation, thanking those at Busi- HON. ANN WAGNER ness Record for their great work, and wishing PERSONAL EXPLANATION OF MISSOURI each member of the 2017 Forty Under 40 IN THE HOUSE OF REPRESENTATIVES class a long and successful career. f HON. RODNEY DAVIS Wednesday, March 1, 2017 TRIBUTE TO WIGGIE SHELL OF ILLINOIS Mrs. WAGNER. Mr. Speaker, yesterday I missed the second vote series as I was ac- IN THE HOUSE OF REPRESENTATIVES companying constituents Elizabeth Snyder and HON. JOHN R. CARTER OF TEXAS Wednesday, March 1, 2017 Justin Sparks to the White House where they met Vice President Mike Pence and discussed IN THE HOUSE OF REPRESENTATIVES Mr. RODNEY DAVIS of Illinois. Mr. Speak- the tragic murder of Elizabeth’s husband, St. Wednesday, March 1, 2017 er, I was in a meeting at the White House. Louis County Police Officer Blake Snyder. Mr. CARTER of Texas. Mr. Speaker, I rise Had I been present, I would have voted Had I been present, I would have voted today to pay special tribute to Wiggie Shell, a NAY on Roll Call No. 108, NAY on Roll Call YEA on Roll Call No. 105, NAY on Roll Call great American and a great Texan, on the oc- No. 107, NAY on Roll Call No. 106, and YEA No. 106, NAY on Roll Call No. 107, and NAY casion of his 60th birthday. I am honored to on Roll Call No. 105. on Roll Call No. 108. call this business and civic leader a friend.

VerDate Sep 11 2014 03:34 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.013 E01MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS March 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E259 A fifth generation descendant of a Central Throughout his career, Lieutenant General The Iowan Project. He and his wife, Dr. Callie Texas ranching family, William Carroll Williamson has grown as a skilled practitioner, Waller, have a daughter, Parker, a son, Asher, ‘‘Wiggie’’ Shell was born March 1, 1957 in respected leader, and mentor within the Army and a border collie named Mr. Jenkins. In his Georgetown, Texas. His family has long been acquisition workforce. He served with distinc- free time, you can find Brian on the golf committed to his beloved home town. During tion as Senior Military Software Analyst at course or making music. the early 1950s to 1968, Wiggie’s father NATO’s military headquarters in Belgium; Mr. Speaker, it is a profound honor to rep- owned and operated the only public swimming Chief of Information Technology, Acquisition resent leaders like Brian in the United States pool in Georgetown known as ‘‘The Shell Career Management; Product Manager for the Congress and it is with great pride that I rec- Pool’’ which was a favorite place where young Global Command and Control System-Army; ognize him today for utilizing his talents to bet- and old spent many of their summer hours. Military Assistant to the Secretary of the Army; ter both his community and the great state of Wiggie graduated from Georgetown High Project Manager for Future Combat Systems Iowa. I ask that my colleagues in the United School in 1975. A true child of Texas, Wiggie Network Systems Integration; Director of Sys- States House of Representatives join me in was a rodeo bull rider in his youth and used tems Integration; Deputy Program Executive congratulating Brian on receiving this es- that knowledge to wrangle Donna, his wife Officer, Integration; Joint Program Executive teemed designation, thanking those at Busi- and love of his life, marrying in 1977. They Officer for the Joint Tactical Radio Systems; ness Record for their great work, and wishing have two children and three grandchildren. and Assistant Deputy for Acquisition and Sys- each member of the 2017 Forty Under 40 Wiggie started his railroad career as a car- tems Management. Lieutenant General class a long and successful career. man at Georgetown Railroad Company, Williamson will complete his career as Prin- worked his way up to Chief Mechanical Offi- cipal Military Deputy to the Assistant Secretary f cer, spending 20 years with the railroad. for Acquisition, Logistics and Technology and Wiggie then started at a supplier company Director of Acquisition Career Management as CONDEMNING THE ATTACKS ON called Georgetown Rail Equipment Company the most senior military officer within the Army ARMENIANS IN SUMGAIT, (GREX) in the Operations department and Acquisition Corps where he tirelessly advo- KIROVABAD, AND BAKU worked his way up to President and CEO. cated for equipment modernization and en- Under his leadership, GREX doubled in size sured that our Soldiers have the best equip- and revenue in just three years. Wiggie made HON. BRAD SHERMAN ment available. OF CALIFORNIA GREX into an industry leader by pioneering In addition to his extensive acquisition expe- IN THE HOUSE OF REPRESENTATIVES high-technology solutions for thorny long- rience, Lieutenant General Williamson served standing railroad problems. Under his direc- in the Congressional Fellowship program as a Wednesday, March 1, 2017 tion, the company is now moving into inter- Military Legislative Assistant to former Rep- national markets. His work as an innovator led Mr. SHERMAN. Mr. Speaker, we have resentative Silvestre Reyes of Texas’ 16th reached the 29th anniversary of a dark chap- to Wiggie being a respected railroad industry District. He also served as the Deputy Com- support spokesperson in Washington, DC and ter in modern history. During the Nagorno- manding General for the Combined Security Karabakh War of 1988 to 1994, Armenian ci- Austin, TX. Transition Command—Afghanistan during OP- Wiggie’s contributions don’t stop when the vilians were indiscriminately attacked in the ERATION ENDURING FREEDOM from 2013 work day ends. He served in the Georgetown city of Sumgait. Today, I condemn these po- to 2014. groms and commemorate the victims. Volunteer Fire Department for 28 years and Mr. Speaker, it is my honor to recognize the volunteers with Sky Ball, the premier fund- On the evening of February 27, 1988, a remarkable career of Lieutenant General Mi- three-day rampage against Armenian civilians raising event for the Airpower Foundation, one chael E. Williamson and congratulate him as of the oldest military support organizations in living in Sumgait, Soviet Azerbaijan began. Ar- he enters the next chapter of his life. I wish menian civilians were hunted down and bru- the U.S. When he’s not working or volun- Michael, his loving wife, Tracy, and their be- teering, Wiggie relishes his family time, wheth- tally assaulted. There were cases of rape, loved daughter, Darcy, the very best as they murder, and maiming of Armenian civilians. er enjoying NASCAR races or fishing with his embark on their new journey together. grandchildren. The Soviet Union prohibited journalists from Mr. Speaker, I join Wiggie’s friends, family, f entering the area. It was reported that over 30 and colleagues in wishing him a happy 60th TRIBUTE TO BRIAN WALLER people were murdered and over 200 injured. birthday. His has been a life of innovation and However, it is believed that more, perhaps service. With Wiggie, the best is yet to come HON. DAVID YOUNG hundreds, were murdered by roving mobs. and I wish him nothing but success in all his Sadly, the Sumgait pogrom was only the be- OF IOWA future endeavors. ginning. IN THE HOUSE OF REPRESENTATIVES f Despite international condemnation of the Wednesday, March 1, 2017 pogrom in Sumgait, another anti-Armenian po- RECOGNIZING THE RETIREMENT grom occurred later that year in Kirovabad, OF LIEUTENANT GENERAL MI- Mr. YOUNG of Iowa. Mr. Speaker, I rise Azerbaijan, from November 21st to 27th. Due CHAEL E. WILLIAMSON today to recognize and congratulate Brian Waller for being named a 2017 Forty Under to the brutality, the Armenians of Kirovabad 40 honoree by the award-winning central Iowa and the surrounding areas were forced to flee HON. MARTHA McSALLY publication, Business Record. their homes. Another crime against humanity OF ARIZONA Since 2000, Business Record has under- occurred from January 13th to the 19th, in IN THE HOUSE OF REPRESENTATIVES taken an exhaustive annual review to identify 1990. Members of the Armenian community of Wednesday, March 1, 2017 a standout group of young leaders in the Baku, the capital of Azerbaijan, were as- Ms. MCSALLY. Mr. Speaker, I rise today to Greater Des Moines Area that are making an saulted, tortured and killed by violent mobs. recognize Lieutenant General Michael E. impact in their communities and their careers. I would like to commemorate the Armenian Williamson, United States Army, for his self- Each year, forty up-and-coming community victims of the Sumgait, Kirovabad, and Baku less service to our nation, culminating in his and business leaders under 40 years of age massacres, to honor the memory of the mur- assignment as the Principal Military Deputy to are selected for this prestigious honor based dered, and to stop future bloodshed. If we the Assistant Secretary of the Army for Acqui- on a combined criteria of community involve- hope to stop future massacres, we must ac- sition, Logistics and Technology and Director ment and success in their chosen career field. knowledge these horrific events and ensure of Acquisition Career Management. Lieutenant The 2017 class of Forty Under 40 honorees they do not happen again. General Williamson will retire from active mili- will join an impressive roster of 680 past busi- We must urge Azerbaijan to cease all tary duty this year after 34 years of service. ness leaders and growing. threats and acts of coercion against the Re- Born in Tucson, Arizona, Lieutenant General Brian is president of the Technology Asso- public of Nagorno Karabakh. We should ac- Williamson was commissioned at the Univer- ciation of Iowa, where his many accomplish- tively monitor and condemn Azerbaijan’s viola- sity of Maine as a Second Lieutenant in the ments include rebranding the organization, tions of the ceasefire in Nagomo Karabakh. Air Defense Artillery in 1983. His assignments creating strategic partnerships across the state Lastly, we must reaffirm America’s commit- included company grade assignments in Ger- and launching an Iowa Technology Summit for ment to an enduring, peaceful and democratic many and command in the 11th Brigade at the fall of 2017. With a passion for his home resolution of the Nagorno Karabakh conflict Fort Bliss, Texas, and the 31st Air Defense state, he co-founded a web application to that includes the Nagorno Karabakh Republic Artillery Brigade at Fort Hood, Texas. identify Iowa expats around the world called as a party to negotiations.

VerDate Sep 11 2014 03:34 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A01MR8.019 E01MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E260 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2017 HONORING THE 200TH ANNIVER- She is a member of MENSA, a published au- oners of war. His courage and commitment to SARY OF FORT COVINGTON thor and is working hard to impress her eldest the United States did not go unnoticed and son by organizing a Pokemon Club at his earned him several medals, including the HON. ELISE M. STEFANIK school. In her limited free time, she assists her Sharp Shooter Medal, National Service Medal, husband with their real estate investment com- Good Conduct Medal, Vietnam Service Medal OF NEW YORK pany, and is an avid reader and golfer. and Vietnam Special Campaign Medal. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is a profound honor to rep- Once the war came to a close, Danny re- Wednesday, March 1, 2017 resent leaders like Kelly in the United States turned home to the United States and earned Ms. STEFANIK. Mr. Speaker, I rise today to Congress and it is with great pride that I rec- a degree in Biomedical Engineering and De- honor and recognize the 200th Anniversary of ognize her today for utilizing her talents to bet- sign from California State University, Long Fort Covington, New York. ter both her community and the great state of Beach. After graduating from college he joined Situated directly on the Canadian border, Iowa. I ask that my colleagues in the United Kaiser Permanente and committed thirty-four the town of Fort Covington serves as a proud States House of Representatives join me in years of his life to the organization. During his reminder of the North Country’s deep history congratulating Kelly on receiving this es- tenure at Kaiser he played an important role in and strong character. Before Fort Covington teemed designation, thanking those at Busi- opening up the Kaiser facility in Baldwin Park, was formally signed into existence on Feb- ness Record for their great work, and wishing CA. He was highly respected among his col- ruary 28, 1817, men from the area had al- each member of the 2017 Forty Under 40 leagues and considered to be a problem solv- ready fought for liberty in the American Revo- class a long and successful career. er that could always be depended on to get lution. It was not until the War of 1812 that the f the job done. town gained its namesake by witnessing the Despite the many demands of life, Danny PERSONAL EXPLANATION death of General Leonard Covington, who had always went out of his way to make family a been fatally wounded in a nearby battle. The priority. He was a loving husband of thirty-four role that Fort Covington played in the Under- HON. RICHARD HUDSON years to Carol Facciponti-Malcolm, a dedi- ground Railroad is also worthy of note, with OF NORTH CAROLINA cated father of seven children, a caring grand- father of thirteen and an admiring great grand- the town harboring slaves along the last leg of IN THE HOUSE OF REPRESENTATIVES their journey to freedom. father of three. Over the years, Danny became Wednesday, March 1, 2017 These stories have been brought forward by an important part of the community and was the newly-created Fort Covington Historical Mr. HUDSON. Mr. Speaker, on roll call No. seen by friends and family as a wonderful and Society, which has made an effort to gather, 106 through 108, I was unable to cast my vote trustworthy human being who loved his husky store, and display the town’s proud history. By in person due to an unexpected illness. Had I dogs, cherished the outdoors and enjoyed to encouraging historical exploration, the Fort been present, I would have voted Nay. ride his motorcycles. Above all, Danny was a Marine and as with Covington Historical Society has helped foster f a community-wide celebration of the town’s most service members who fought in Vietnam, past, while also ensuring a bright and in- HONORING FRANCIS ‘‘DANNY’’ the war left a huge impact on him. After hav- formed future. MALCOLM ing served during one of the most tumultuous Congratulations to Fort Covington as it cele- times in American history, Danny chose to brates its 200th Anniversary. I would like to HON. JUDY CHU dedicate his life to helping the men and women he had fought alongside with. He wish its residents all the best as they cele- OF CALIFORNIA brate this momentous occasion. would often leave home days at a time without IN THE HOUSE OF REPRESENTATIVES saying a word in order to embark on a mission f Wednesday, March 1, 2017 in search of Veterans who had become home- less and were suffering from difficult times. He TRIBUTE TO KELLY WHITING Ms. JUDY CHU of California. Mr. Speaker, was considered by many to be a defender of I rise today to honor Francis ‘‘Danny’’ Mal- the underdog, and Danny lived up to that title colm, an outstanding citizen who has done so HON. DAVID YOUNG by providing struggling Veterans with food and much for his country and his community. OF IOWA blankets, paying for a few nights shelter at IN THE HOUSE OF REPRESENTATIVES Danny Malcolm was born on August 2, 1946 nearby hotels and referring them to local serv- in Boston, Massachusetts. He was one of six ices for much needed assistance. Wednesday, March 1, 2017 siblings who grew up and went to school in Whether he was supporting a friend in need Mr. YOUNG of Iowa. Mr. Speaker, I rise Boston until the outbreak of the Vietnam War. or providing a helping hand to a troubled Vet- today to recognize and congratulate Kelly Not one to stand idly by during times of trou- eran, Danny spent all of his life helping peo- Whiting for being named a 2017 Forty Under ble, Danny chose to join the United States ple. He was a man of honor and loyalty who 40 honoree by the award-winning central Iowa Marine Corps on November 8, 1963. He was always sought to do the right thing. Along with publication, Business Record. only 17 years old at the time but he quickly his friends and family whose lives have been proved to be a highly capable young man that Since 2000, Business Record has under- impacted through his love and care, it is my was more than willing to serve his country. taken an exhaustive annual review to identify honor to commemorate the life of Francis a standout group of young leaders in the Danny was assigned to the 3rd Battalion 9th ‘‘Danny’’ Malcolm, a father, husband, and a Greater Des Moines Area that are making an Marine Regiment that was stationed at Camp remarkable United States Force Recon Ma- impact in their communities and their careers. Lejeune, North Carolina; a unit that was part rine. Each year, forty up-and-coming community of the first amphibious landing in Vietnam. and business leaders under 40 years of age Danny was a proud Marine but he also had f are selected for this prestigious honor based the distinction of serving as part of Force PERSONAL EXPLANATION on a combined criteria of community involve- Recon, an elite Special Forces unit within the ment and success in their chosen career field. Marine Corps. The 2017 class of Forty Under 40 honorees As part of this unit, Danny served three HON. KEITH ELLISON will join an impressive roster of 680 past busi- tours in Vietnam and was engaged in some of OF MINNESOTA ness leaders and growing. the most important battles of the war including IN THE HOUSE OF REPRESENTATIVES Kelly is the Vice President of Business De- the Defense of Airfields Saigon and Chu Lai in Wednesday, March 1, 2017 velopment for The RAS Companies, Inc. She 1965, as well as Operation Kansas, Operation began her insurance career right out of col- Teton, Operation Madison, and Operation Mr. ELLISON. Mr. Speaker, due to other lege and has moved quickly up the ranks, Glenn in 1966. Many of these missions were commitments, I missed the following roll call holding roles in sales, claims and underwriting. extremely dangerous and required Danny to votes. Had I been present, I would have voted She is the former Chairwoman of the Member- engage enemy combatants behind enemy as follows: Roll call no. 100, I would have ship Committee of the Nationwide Iowa PAC, lines, obtain crucial enemy intelligence, pro- voted yes; Roll call no. 101, I would have and currently is the Vice Chair of the Planning vide support to other military units and save voted no; and Roll call no. 102, I would have & Zoning Commission for the City of Ankeny. fellow service members who had become pris- voted yes.

VerDate Sep 11 2014 03:34 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A01MR8.023 E01MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS March 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E261 HONORING 50 YEARS OF EDU- ter both her community and the great state of many. She is survived by her husband Clancy CATION BY HERKIMER COMMU- Iowa. I ask that my colleagues in the United McQuigg; her sister Suzanne Berge; her NITY COLLEGE States House of Representatives join me in daughters Heather Lukes and Katie Schnei- congratulating China on receiving this es- der; and her five grandchildren Robert Schnei- HON. ELISE M. STEFANIK teemed designation, thanking those at Busi- der, Colleen Schneider, Emily Schneider, OF NEW YORK ness Record for their great work, and wishing Shelby Lukes and Luke Schneider. Mr. Speaker, I ask you to join me and IN THE HOUSE OF REPRESENTATIVES each member of the 2017 Forty Under 40 class a long and successful career. countless others as we recognize the many Wednesday, March 1, 2017 f contributions of the Honorable Michele Ms. STEFANIK. Mr. Speaker, I rise today to McQuigg. The impact she has had on the honor and recognize the 50th Anniversary of IN RECOGNITION OF THE LIFE OF Commonwealth of Virginia and to our country Herkimer Community College in Herkimer, THE HONORABLE MICHELE will never be forgotten, and I wish her family New York. MCQUIGG the best. The college opened its doors in 1967 for f over 200 enrolled students, becoming the 29th HON. BARBARA COMSTOCK INTRODUCTION OF THE community college in New York State. Since OF VIRGINIA WASHINGTON, D.C. ADMISSION ACT then, Herkimer Community College has pro- IN THE HOUSE OF REPRESENTATIVES vided over 20,000 alumni with an opportunity Wednesday, March 1, 2017 to succeed, while also offering immense eco- HON. ELEANOR HOLMES NORTON nomic and social benefits to the community it Mrs. COMSTOCK. Mr. Speaker, I rise to OF THE DISTRICT OF COLUMBIA IN THE HOUSE OF REPRESENTATIVES has called home for half a century. honor the life of my constituent and friend, the By incentivizing academic, athletic and Honorable Michele McQuigg, who passed Wednesday, March 1, 2017 extra-curricular achievement, Herkimer Com- away on February 15, 2017 at the age of 69. Ms. NORTON. Mr. Speaker, I rise today to munity College has helped its students to pur- Throughout her life, Ms. McQuigg was a re- introduce the Washington, D.C. Admission Act sue their goals in exciting and varied careers. spected leader in the community and served with 115 original cosponsors, a record num- The school’s success is a testament to its as a dedicated public servant for over thirty ber. This is the most important bill I introduce hardworking staff and to the importance of an years. She was not just a great representative each Congress, and it is especially meaningful accessible education. for the Commonwealth but also a genuine per- this time in light of the historic results of the Congratulations to Herkimer Community son who brought honor and integrity to every- District of Columbia’s statehood referendum College as it celebrates its 50th Anniversary. thing she did. Her deep passion for service to last November. District voters overwhelmingly I want to thank its staff for their vital work and Prince William County and Manassas along voted in favor of the referendum, which ad- wish them continued success in the future. with her exemplary demeanor and attitude will vises the D.C. Council to petition Congress for f certainly be missed. statehood. Residents are more energized than Ms. McQuigg began her career in Virginia ever before to continue this momentum for TRIBUTE TO CHINA WONG politics in 1983 when she ran for Prince Wil- statehood, equality, and self-determination. liam Clerk of the Circuit Court. In 1992 she District residents have always been citizens of HON. DAVID YOUNG was elected as the Occoquan District Rep- the United States but remain the only federal OF IOWA resentative on the Prince William County income taxpaying Americans who do not have IN THE HOUSE OF REPRESENTATIVES Board of Supervisors, where she served until full and equal citizenship rights. The denial of 1998. During those years, she garnered an Wednesday, March 1, 2017 local control of local matters and of equal rep- even greater interest in serving Prince William, resentation in the Congress of the United Mr. YOUNG of Iowa. Mr. Speaker, I rise and she decided to run for the Virginia House States can be remedied only by statehood. today to recognize and congratulate China of Delegates in the 51st District. After her suc- Therefore, I am introducing the Washington, Wong for being named a 2017 Forty Under 40 cessful election, she went on to serve in Vir- D.C. Admission Act to create a state from es- honoree by the award-winning central Iowa ginia state house for 9 years where she sentially the eight home-town wards of the publication, Business Record. worked tirelessly to strengthen small busi- District of Columbia. This 51st state, of Since 2000, Business Record has under- nesses, enhance community life, and increase course, would have no jurisdiction over the taken an exhaustive annual review to identify public safety. federal territory or enclave that now consists a standout group of young leaders in the From 2008 until her recent passing, Ms. of the Washington that Members of Congress Greater Des Moines Area that are making an McQuigg served as the Prince William County and visitors associate with the capital of our impact in their communities and their careers. Clerk of the Court. Among her more impres- country. The U.S. Capitol Complex, the prin- Each year, forty up-and-coming community sive actions taken in this role was a project cipal federal monuments, federal buildings and and business leaders under 40 years of age that focused on making court documents and grounds, the National Mall, the White House, are selected for this prestigious honor based case pleadings available online, for which she and other federal property here would remain on a combined criteria of community involve- scanned 1.3 million pages of legal pro- under federal jurisdiction. Our bill provides that ment and success in their chosen career field. ceedings. Through a paid subscription service the State of Washington, D.C. would be equal The 2017 class of Forty Under 40 honorees lawyers can now access a vast number of to the other fifty states in all respects, as is al- will join an impressive roster of 680 past busi- documents online, saving them both time and ways required, and that the residents of ness leaders and growing. money. It is projects like this that truly distin- Washington, D.C. would have all the rights of After graduating from Iowa State University, guish Ms. McQuigg from other public servants citizenship as taxpaying American citizens, in- China followed her entrepreneurial passions and portray how dedicated, intelligent, and for- cluding two senators and, initially, one House and opened Salon Spa W in Des Moines in ward-thinking she was. member. The District of Columbia recognizes 2005. Since then, the company has grown In addition to her illustrious career as a pub- that it can enter the Union only on an equal from three to 32 full time employees, and has lic servant, Ms. McQuigg worked with various basis and is prepared to do so. been recognized as one of the Top 100 Sa- groups and organizations in different capac- A substantially similar version of the Wash- lons in the U.S. by Elle Magazine, a Top 200 ities, including the Virginia Railway Express ington DC. Admission Act was the first bill I in- Salon in the U.S. by Salon Today Magazine (VRE) Operations Board, Lake Ridge- troduced after I was first sworn in as a Mem- for seven consecutive years, and was nomi- Occoquan-Coles Civic Association, Prince Wil- ber of Congress in the 102nd Congress in nated for the prestigious North American Hair- liam Republican Committee, Board of Visitors 1991. Our first try for statehood received sig- styling Awards in 2014 and 2016. Outside of for George Mason University, Occoquan Land- nificant support in the House. In 1993, we got work, her endeavors focus on ing Community Association Board of Directors, the first and only vote on statehood for the environmentalism, entrepreneurship for READ Community Literacy Council (Co- District, with nearly 60 percent of Democrats women and minorities, and helping the home- Founder), and the Prince William Association and one Republican voting for the bill. The less. of REALTORs. Senate held a hearing on various approaches Mr. Speaker, it is a profound honor to rep- Ms. McQuigg was someone who we all as- to representation, but the committee of juris- resent leaders like China in the United States pire to exemplify. She will be remembered for diction did not proceed further. In the 113th Congress and it is with great pride that I rec- her truly kind heart, her dedication to our great Congress, our statehood bill got unprece- ognize her today for utilizing her talents to bet- Commonwealth, and for her friendship to dented momentum with the Senate’s first-ever

VerDate Sep 11 2014 03:34 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.028 E01MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E262 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2017 hearing on statehood, which was the first con- Federal agencies too often overlook local IN RECOGNITION OF KAREN gressional hearing held on statehood in more conservation plans developed to ensure the RUSSELL than 20 years. The House held its hearing on protection of native species. These local ef- statehood in 1993, and obtained a record forts should not be disregarded. Local stake- number of cosponsors in the House and Sen- holders deserve to have input in these federal HON. BARBARA COMSTOCK ate, including then-Senate Majority Leader decisions, and also deserve to know whether OF VIRGINIA Harry Reid, as well as the other top three their hard work is taken into consideration long Democratic leaders in the Senate. In addition, before the end result of a federal listing deci- IN THE HOUSE OF REPRESENTATIVES President Obama endorsed D.C. statehood in sion is made public. a public forum before the statehood hearing By involving local entities and the firsthand Wednesday, March 1, 2017 was held. information developed on the ground by the Mrs. COMSTOCK. Mr. Speaker, I rise to Statehood is the only alternative for the citi- groups, stakeholders, and communities who recognize and thank an extraordinary leader, zens of the District of Columbia. To be content know these matters best, federal decisions will Karen Russell, for the incredible impact she with less than statehood is to concede the be more transparent, accountable, and com- has had on individuals, families and commu- equality of citizenship that is the birthright of prehensive. I encourage my colleagues to join nities in the 10th Congressional District of Vir- our residents as citizens of the United States. me in supporting the State, Tribal, and Local ginia. That is a concession no American citizen has Species Transparency and Recovery Act to ever made, and one D.C. residents will not support greater involvement and assurances Every Citizen Has Opportunities, Inc., or make as they approach the 216th year in their for local entities in federal agency decision- ECHO, for short, is dedicated to empower in- fight for equal treatment in their country. This making. dividuals with intellectual and developmental bill reaffirms our determination to obtain each disabilities to achieve their optimal level of and every right enjoyed by citizens of the f personal, social and economic success. United States, by becoming the 51st State in TRIBUTE TO CHASE YOUNG ECHO accomplishes this by providing com- the Union. prehensive vocational assessments, supported f HON. DAVID YOUNG employment, extended employment services, INTRODUCTION OF THE STATE, OF IOWA medically fragile day support and training in TRIBAL, AND LOCAL SPECIES IN THE HOUSE OF REPRESENTATIVES work skills and socialization. TRANSPARENCY AND RECOVERY Wednesday, March 1, 2017 In 1975, ECHO opened its doors offering ACT Mr. YOUNG of Iowa. Mr. Speaker, I rise services to 8 adults and 41 years later, the today to recognize and congratulate Chase non-profit’s accomplishments are extraor- HON. DAN NEWHOUSE Young for being named a 2017 Forty Under dinary. It has served more than 550 individ- OF WASHINGTON 40 honoree by the award-winning central Iowa uals and currently has contractual arrange- IN THE HOUSE OF REPRESENTATIVES publication, Business Record. ments with 14 business partners at 17 work- Wednesday, March 1, 2017 Since 2000, Business Record has under- sites. ECHO also has 30 community partners taken an exhaustive annual review to identify Mr. NEWHOUSE. Mr. Speaker, I rise today and 15 community volunteers. a standout group of young leaders in the to introduce legislation to rightly include state One person whose extraordinary leadership Greater Des Moines Area that are making an and local entities in federal decision-making was essential to ECHO’s success was Mar- impact in their communities and their careers. and determinations that could potentially have keting Manager, Karen Russell, who retired on Each year, forty up-and-corning community profound impacts on states, municipalities, December 1st, 2016, after nearly 40 years in and business leaders under 40 years of age and local stakeholders. Federal agencies like that critically important role. A native of are selected for this prestigious honor based the U.S. Fish & Wildlife Service (USFWS) are Lovettsville, in Loudoun County, Karen started currently not required to share the underlying on a combined criteria of community involve- ment and success in their chosen career field. as ECHO’s Secretary, Bookkeeper and Trans- data used in listing decisions made under the portation Manager in 1977. Endangered Species Act of 1973 (ESA) with The 2017 class of Forty Under 40 honorees the states or local entities that would be im- will join an impressive roster of 680 past busi- Karen Russell’s marketing success has pacted by such listing decisions. The State, ness leaders and growing. been derived from her belief in the dignity and Tribal, and Local Species Transparency and Chase is the director of the Education Lead- worth of every individual and her passionate Recovery Act will amend the ESA to simply ership Initiative at the United Way of Central appeal to prospective employers, on behalf of require that federal agencies disclose all data Iowa. In this role, Chase interacts with the ECHO participants. Karen has taken great used to promulgate a potential or final listing over 800 members who donate $1,000 or pride in the accomplishments of this skilled determination to the states affected by federal more every year to support middle school stu- and reliable workforce of 140 persons with dis- regulatory actions. Local entities deserve to dents to succeed in the goal of graduating. He abilities, as they fulfill their responsibilities to have input on matters with potentially signifi- also helps facilitate the investment, special commercial and government customers every cant impacts on their communities. This bill is events, and volunteer and campaign commit- day. Her tireless efforts advocating for ECHO a simple, straightforward step to ensuring that tees. Chase also coached football at Des participants has resulted in a profound change input is offered and given due consideration. Moines North High School, helping to organize in public perceptions. Society has come to re- The legislation gives local stakeholders the parents and the Johnston Rotary Club to alize that people with intellectual and develop- opportunity to verify, dispute, or complement serve a pasta dinner the day before every mental disabilities are actively contributing the information federal agencies use in an game. Chase is married with two children, and members of the community who, when they ESA listings. Far too often, states’ data and enjoys hunting, fishing, hiking, and snow ski- are given a chance to work, have a profound species recovery plans are effectively ignored ing. impact on the effectiveness and morale of in- Mr. Speaker, it is a profound honor to rep- by federal agencies, even after earnest and dividual businesses and government agencies. costly efforts have been made to develop resent leaders like Chase in the United States comprehensive and effective plans at the state Congress and it is with great pride that I rec- Mr. Speaker, I ask that you and our col- and local levels. Regardless of these efforts, ognize him today for utilizing his talents to bet- leagues join me in recognizing and thanking there is currently no guarantee that federal ter both his community and the great state of Karen Russell, the Marketing Manager at agencies will consider these plans nor the Iowa. I ask that my colleagues in the United ECHO, for her tireless and passionate advo- often superior data developed by local entities. States House of Representatives join me in cacy on behalf of those with disabilities and By providing states, tribes, and localities the congratulating Chase on receiving this es- her exemplary leadership of an organization data used to promulgate these proposed list- teemed designation, thanking those at Busi- that has been highly successful in empowering ings, an opportunity arises for local stake- ness Record for their great work, and wishing them to overcome barriers to employment and holders to get involved, and have their voices each member of the 2017 Forty Under 40 in achieving their optimal levels of personal, heard. class a long and successful career. social and economic success.

VerDate Sep 11 2014 03:34 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A01MR8.031 E01MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS March 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E263 INTRODUCTION OF THE 21ST CEN- PROVIDING FOR CONSIDERATION tions and responding to new threats to our TURY ENDANGERED SPECIES OF H.R. 998, SEARCHING FOR AND health and safety. TRANSPARENCY ACT CUTTING REGULATIONS THAT Such a sweeping requirement would endan- ARE UNNECESSARILY BURDEN- ger the lives of Americans by creating unnec- SOME ACT, AND PROVIDING FOR essary delays in the Federal rulemaking proc- HON. DAN NEWHOUSE CONSIDERATION OF H.J. RES. 83, ess and creating additional burdens and im- DISAPPROVING THE RULE SUB- plementation problems that will only divert crit- OF WASHINGTON MITTED BY THE DEPARTMENT ical agency resources and diminish agencies’ IN THE HOUSE OF REPRESENTATIVES OF LABOR RELATING TO ‘‘CLARI- ability to protect and inform the public in times FICATION OF EMPLOYER’S CON- of imminent danger and need. Wednesday, March 1, 2017 TINUING OBLIGATION TO MAKE For instance, if an agency needed to re- Mr. NEWHOUSE. Mr. Speaker, I rise today AND MAINTAIN AN ACCURATE spond to an imminent hazard to the public or RECORD OF EACH RECORDABLE environment, it would have to either rescind to introduce legislation to bring more trans- INJURY AND ILLNESS’’ an existing rule that is identified by the Com- parency in federal decision-making to the En- mission’s arbitrary and cost-centric process or dangered Species Act of 1973 (ESA). Under SPEECH OF choose not to act. existing law, federal agencies are not required HON. SHEILA JACKSON LEE That is why I offered an amendment that to make publicly available the information and OF TEXAS would have exempted from the SCRUB Act other data acquired from studies for proposed IN THE HOUSE OF REPRESENTATIVES any rule relating to the prevention of cyber-at- ESA listing determinations. These agencies Tuesday, February 28, 2017 tacks intended to interfere with elections for are not required to submit a reference list of public office. Ms. JACKSON LEE. Mr. Speaker, I rise in the studies used in the proposed regulation Regrettably, the Rules Committee did not strong opposition to the rule for H.R. 998, the make this salutary amendment in order, which listing that is published in the Federal Reg- ‘‘Searching for and Cutting Regulations that ister, nor are they required to provide com- is another reason I cannot support the legisla- are Unnecessarily Burdensome Act of 2017,’’ tion. plete citations to studies for any proposed or ‘‘SCRUB Act,’’ and the underlying bill. The Jackson Lee Amendment would protect ESA listings. The 21st Century Endangered I oppose the rule and the underlying bill be- American citizens by ensuring that our federal cause it hampers the ability of federal agen- Species Transparency Act simply requires the agencies are not unnecessarily burdened with cies to act in times of imminent need to pro- data collected and utilized by federal agencies regulatory mandates that would jeopardize the for ESA listing decisions to be made publicly tect citizens. The SCRUB Act seeks to establish a Retro- ability of federal agencies to ensure the integ- available on the Internet. This is a straight- spective Regulatory Review Commission to rity of our electoral processes, prevent cyber forward, transparent update that will bring this identify and recommend to Congress existing terrorism, and enhance the security and integ- outdated law into the 2lst Century. Federal regulations that can be repealed to re- rity of cybernetworks and systems. The ESA became law long before our mod- duce unnecessary regulatory costs to the U.S. Now is not the time to undermine or impede the ability of DHS, DOJ, and other federal ern day technological advances, which have economy. agencies to combat growing threats and active provided instant access to information and As such, this bill purports to reduce bu- reaucracy by establishing a new ‘‘regulatory acts of cyber terrorism. data online. Providing the factual data behind review’’ commission charged with identifying For these reasons, I strongly oppose the listing decisions will further the cause of open, duplicative, redundant, or so-called ‘‘obsolete’’ rule for H.R. 998, and urge all Members to join transparent, and accountable government. regulations to repeal. me in voting against this irresponsible and un- Independent analysis and verification of under- Specifically, H.R. 1155 would establish a wise legislation. lying data used for these decisions will only commission with unlimited subpoena power f strengthen the fundamental purpose of the consisting of unelected, appointed members to ESA, to keep our native plants and animals review existing agency rules and make rec- SENATE COMMITTEE MEETINGS from the danger of extinction, while ensuring ommendations to Congress for an up or down Title IV of Senate Resolution 4, vote on rules to be eliminated. listing decisions are based on sound science. agreed to by the Senate of February 4, The scope of this review would be virtually By making this simple change to the ESA, we 1977, calls for establishment of a sys- unlimited leaving no rule or regulation safe, can ensure federal agencies are relying solely and Congress would be prohibited from debat- tem for a computerized schedule of all upon the best available scientific and commer- ing the individual repeal recommendations but meetings and hearings of Senate com- cial data, and not on unpublished studies or would instead be forced to consider the com- mittees, subcommittees, joint commit- opinions. mission’s rule recommendations in a single tees, and committees of conference. This title requires all such committees This legislation also includes important pro- package. Under the legislation as currently drafted, to notify the Office of the Senate Daily tections for matters of privacy. The bill re- agencies would be required to follow a ‘‘cut- Digest—designated by the Rules Com- quires the scientific and commercial data used go’’ process—prohibiting a new rule from mittee—of the time, place and purpose for the basis of proposed listings to be made being issued until an existing rule of equal or of the meetings, when scheduled and publicly available, so long as it protects state greater ‘‘cost’’ according to the commission is any cancellations or changes in the data privacy laws and importantly, the rights to repealed—thereby undermining the ability of meetings as they occur. privacy for individuals and property owners. agencies to quickly respond to imminent As an additional procedure along with the computerization of this infor- With today’s advanced access to instant in- threats to public health and safety. Mr. Speaker, the SCRUB Act—and the cre- mation, the Office of the Senate Daily formation at the tip of your fingers, all citizens ation of this $30 million regulatory commis- Digest will prepare this information for have the right to the information federal agen- sion—is problematic because it would operate printing in the Extensions of Remarks cies use to propose rules and regulations. with little meaningful oversight, transparency, section of the CONGRESSIONAL RECORD This bill will further advance transparency in or public accountability to ensure that its rec- on Monday and Wednesday of each agency rulemakings and listing determinations, ommendations do not subvert the public inter- week. and is a simple, straightforward update to the est and safety. Meetings scheduled for Thursday, existing law. I ask my colleagues to join me in For instance, the SCRUB Act would prohibit March 2, 2017 may be found in the Daily supporting the 21st Century Endangered Spe- any regulatory agency from issuing any new Digest of today’s RECORD. cies Transparency Act. rule or informal statement, including non-legis- lative and procedural rules, even in the case MEETINGS SCHEDULED of an emergency or imminent harm to public MARCH 7 health, until the agency first offsets the costs 10 a.m. of the new rule or guidance by eliminating an Committee on the Judiciary existing rule identified by the Commission. To hold hearings to examine the nomina- This regulatory ‘‘cut-go’’ process would force tions of Rod J. Rosenstein, of Mary- agencies to prioritize between existing protec- land, to be Deputy Attorney General,

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate confirmed the nomination of Ryan Zinke, of Montana, to be Sec- retary of the Interior. Senate minutes of debate, equally divided, prior to the vote Chamber Action on confirmation of the nomination, followed by up Routine Proceedings, pages S1509–S1544 to 10 minutes of debate, equally divided, prior to Measures Introduced: Eleven bills and four resolu- the vote on the motion to invoke cloture on the tions were introduced, as follows: S. 478–488, and nomination of James Richard Perry, of Texas, to be S. Res. 74–77. Page S1540 Secretary of Energy, and if cloture is invoked on the nomination of James Richard Perry, time be counted Measures Passed: as if invoked at 7 a.m., on Thursday, March 2, Nebraska 150th Anniversary: Senate agreed to S. 2017. Pages S1543–44 Res. 74, congratulating the State of Nebraska on the Nomination Confirmed: Senate confirmed the fol- 150th anniversary of the admission of that State into lowing nomination: the United States. Pages S1521–23 By 68 yeas to 31 nays (Vote No. EX. 75), Ryan Multiple Sclerosis Awareness Week: Senate Zinke, of Montana, to be Secretary of the Interior. agreed to S. Res. 77, supporting the goals and ideals Pages S1511–13, S1544 of Multiple Sclerosis Awareness Week. Page S1543 Nominations Received: Senate received the fol- Appointments: lowing nominations: Senate Delegation to the British-American Danny C. Reeves, of Kentucky, to be a Member Interparliamentary Group Conference: The Chair, of the United States Sentencing Commission for a on behalf of the President pro tempore, and upon term expiring October 31, 2019. the recommendation of the Democratic Leader, pur- Charles R. Breyer, of California, to be a Member suant to 22 U.S.C. 2761, appointed the following of the United States Sentencing Commission for a Senator as Vice Chairman of the Senate Delegation term expiring October 31, 2021. Page S1544 to the British-American Interparliamentary Group Messages from the House: Page S1539 Conference during the 115th Congress: Senator Executive Communications: Pages S1539–40 Leahy. Page S1543 Carson Nomination—Agreement: Senate resumed Additional Cosponsors: Pages S1540–41 consideration of the nomination of Benjamin S. Car- Statements on Introduced Bills/Resolutions: son, Sr., of Florida, to be Secretary of Housing and Pages S1541–43 Urban Development. Page S1513 Additional Statements: Pages S1538–39 During consideration of this nomination today, Authorities for Committees to Meet: Page S1543 Senate also took the following action: By 62 yeas to 37 nays (Vote No. 76), Senate Record Votes: Two record votes were taken today. agreed to the motion to close further debate on the (Total—76) Page S1513 nomination. Page S1513 Adjournment: Senate convened at 10 a.m. and ad- A unanimous-consent-time agreement was reached journed at 4:34 p.m., until 9:30 a.m. on Thursday, providing for further consideration of the nomination March 2, 2017. (For Senate’s program, see the re- at approximately 9:30 a.m., on Thursday, March 2, marks of the Majority Leader in today’s Record on 2017; that following leader remarks, there be 20 page S1544.) D209

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tenant General Todd T. Semonite, Commanding Committee Meetings General and Chief of Engineers, Army Corps of En- (Committees not listed did not meet) gineers, Department of Defense; Terrence D. Wolf, Washakie County Board of County Commissioners, GLOBAL COUNTERTERRORISM Worland, Wyoming; Mayor Ron Corbett, Cedar Committee on Armed Services: Subcommittee on Emerg- Rapids, Iowa; John Laird, California Natural Re- ing Threats and Capabilities received a closed brief- sources Agency Secretary, Sacramento; and Larry A. ing on global counterterrorism from Christopher P. Larson, Association of State Floodplain Managers, Maier, Deputy Assistant Secretary for Special Oper- Madison, Wisconsin. ations and Combating Terrorism, and Major General Albert M. Elton II, USAF, Deputy Director for Spe- NOMINATION cial Operations and Counterterrorism, J–37, Joint Committee on Finance: Committee began consideration Staff, both of the Department of Defense. of the nomination of Seema Verma, of Indiana, to be INFRASTRUCTURE ACCESS FOR Administrator of the Centers for Medicare and Med- COMMUNITIES icaid Services, Department of Health and Human Services, but did not complete action thereon, and Committee on Commerce, Science, and Transportation: recessed subject to the call of the chair. Committee concluded a hearing to examine improv- ing access to infrastructure for communities across BORDER INSECURITY AND IMMIGRATION the country, after receiving testimony from South ENFORCEMENT Dakota Governor Dennis Daugaard, Pierre; Carlos M. Braceras, Utah Department of Transportation, Committee on Homeland Security and Governmental Af- Salt Lake City, on behalf of the American Associa- fairs: Committee concluded a hearing to examine the tion of State Highway and Transportation Officials; effects of border insecurity and immigration enforce- Mayor Philip Levine, Miami Beach, Florida; and ment on American communities, after receiving tes- Shirley Bloomfield, NTCA–The Rural Broadband timony from Eric J. Severson, Waukesha County Association, Arlington, Virginia. Sheriff, Waukesha, Wisconsin; Ryan Rectenwald, Grant County Sheriff’s Office, Ephrata, Washington; FLOOD CONTROL INFRASTRUCTURE and Julie Nordman, Wentzville, Missouri. Committee on Environment and Public Works: Com- mittee concluded a hearing to examine flood control BUSINESS MEETING infrastructure, focusing on safety questions raised by Committee on the Judiciary: Committee adopted its current events, after receiving testimony from Lieu- rules of procedure for the 115th Congress. h House of Representatives Member Resignation: Read a letter from Rep- Chamber Action resentative Zinke, wherein he resigned as the Rep- Public Bills and Resolutions Introduced: 34 pub- resentative from Montana, effective immediately. lic bills, H.R. 1265–1298; and 7 resolutions, H.J. Page H1400 Res. 84–85; H. Con. Res. 32; and H. Res. 160–163 Whole Number of the House: The Chair an- were introduced. Pages H1461–65 nounced to the House that, in light of the resigna- Additional Cosponsors: Page H1465 tion of the gentleman from Montana, Mr. Zinke, the Reports Filed: There were no reports filed today. whole number of the House is 430. Pages H1400–01 Speaker: Read a letter from the Speaker wherein he Searching for and Cutting Regulations that are appointed Representative Rothfus to act as Speaker Unnecessarily Burdensome Act: The House passed pro tempore for today. Page H1395 H.R. 998, to provide for the establishment of a process for the review of rules and sets of rules, by Recess: The House recessed at 10:48 a.m. and re- a recorded vote of 240 ayes to 185 noes, Roll No. convened at 12 noon. Page H1400 114. Consideration began yesterday, February 28th. Pages H1408, H1419

VerDate Sep 11 2014 04:43 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D01MR7.REC D01MRPT1 SSpencer on DSK4SPTVN1PROD with DIGEST March 1, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D211 Rejected the Raskin motion to recommit the bill original bill for the purpose of amendment under the to the Committee on Oversight and Government five-minute rule. Page H1435 Reform with instructions to report the same back to Agreed to: the House forthwith with an amendment, by a re- Mitchell amendment (No. 1 printed in part B of corded vote of 190 ayes to 235 noes, Roll No. 113. H. Rept. 115–21) that makes technical changes to Pages H1418–19 H.R. 1009 to ensure consistency in dates and terms, Rejected: require OIRA to review significant guidance, and Bonamici amendment (No. 9 printed in H. Rept. prohibit the authorization of additional funds; 115–20) that sought to exempt any rule or set of Pages H1438–39 rules relating to Title I of the Elementary and Sec- Buck amendment (No. 2 printed in part B of H. ondary Education Act of 1965 from the provisions Rept. 115–21) that ensures that federal agencies en- of this Act; Pages H1410–11 gage their partners in state, local, and tribal govern- Bonamici amendment (No. 8 printed in H. Rept. ment throughout the regulatory process; 115–20) that sought to exempt any rule or set of Pages H1439–40 rules prescribed by the Secretary of Education and Meadows amendment (No. 4 printed in part B of relating to consumer protections for student loan H. Rept. 115–21) that requires OIRA to keep a log borrowers from the provisions of this Act (by a re- of the ‘‘consultation’’—which is any communication corded vote of 191 ayes to 235 noes, Roll No. 109); that occurs about a specific regulation before the Pages H1408–10, H1414–15 regulation is submitted for review—for each regula- Raskin amendment (No. 10 printed in H. Rept. tion and to publish a list of all the consultations 115–20) that sought to exempt rules relating to the when the regulation is published in the Federal Reg- enforcement of the Clean Air Act from the provi- ister; Pages H1441–42 sions of H.R. 998 (by a recorded vote of 189 ayes Chaffetz amendment (No. 5 printed in part B of to 231 noes, Roll No. 110); Pages H1411–12, H1415 H. Rept. 115–21) that requires OIRA to maintain Moore amendment (No. 11 printed in H. Rept. records on each significant regulatory action re- 115–20) that sought to exempt rules affecting or viewed such that it is easily accessible to provide to impacting the special government to government re- Congress upon request; and Page H1442 lationship between the federal government and tribal Young (IA) amendment (No. 3 printed in part B communities or affecting tribal sovereignty or self- of H. Rept. 115–21) that requires each agency to determination (by a recorded vote of 197 ayes to 229 describe steps taken to determine a new rule or reg- noes, Roll No. 111); and Pages H1412–13, H1415–16 ulation is not duplicative or conflicting with any ex- Cummings amendment (No. 12 printed in H. isting or planned regulatory action and to require Rept. 115–20) that sought to exempt any rule relat- agencies to maintain a list of active regulatory ac- ing to protections for whistleblowers or penalties for tions on website (by a recorded vote of 265 ayes to retaliation against whistleblowers (by a recorded vote 158 noes, Roll No. 117). Pages H1440–41, H1443–44 of 194 ayes to 231 noes, Roll No. 112). Rejected: Pages H1413–14, H1416–17 Connolly amendment (No. 6 printed in part B of H. Res. 150, the rule providing for consideration H. Rept. 115–21) that sought to exempt inde- of the bill (H.R. 998) and the joint resolution (H.J. pendent agencies from the legislation (by a recorded Res. 83) was agreed to yesterday, February 28th. vote of 188 ayes to 234 noes, Roll No. 118). Office of Information and Regulatory Affairs In- Pages H1442–43, H1444–45 sight, Reform, and Accountability Act: The H. Res. 156, the rule providing for consideration House passed H.R. 1009, to amend title 44, United of the bills (H.R. 1004) and (H.R. 1009) was agreed States Code, to require the Administrator of the Of- to by a recorded vote of 234 ayes to 180 noes, Roll fice of Information and Regulatory Affairs to review No. 116, after the previous question was ordered by regulations, by a yea-and-nay vote of 241 yeas to a yea-and-nay vote of 233 yeas to 189 nays, Roll Pages H1403–04, H1419–21 184 nays, Roll No. 120. Pages H1430–47 No. 115. Rejected Cartwright the motion to recommit the Disapproving the rule submitted by the Depart- bill to the Committee on Oversight and Government ment of Labor relating to ‘‘Clarification of Em- Reform with instructions to report the same back to ployer’s Continuing Obligation to Make and the House forthwith with an amendment, by a re- Maintain an Accurate Record of Each Record- corded vote of 193 ayes to 234 noes, Roll No. 119. able Injury and Illness’’: The House passed H.J. Page H1446 Res. 83, disapproving the rule submitted by the De- Pursuant to the Rule, an amendment in the na- partment of Labor relating to ‘‘Clarification of Em- ture of a substitute consisting of the text of Rules ployer’s Continuing Obligation to Make and Main- Committee Print 115–4 shall be considered as an tain an Accurate Record of Each Recordable Injury

VerDate Sep 11 2014 04:43 Mar 02, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D01MR7.REC D01MRPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D212 CONGRESSIONAL RECORD — DAILY DIGEST March 1, 2017 and Illness’’, by a recorded vote of 231 ayes to 191 Day’’. Testimony was heard from Representatives noes, Roll No. 121. Pages H1421–30 Barr, Dunn, Gosar, Jackson Lee, Polis, and Schnei- H. Res. 150, the rule providing for consideration der. of the bill (H.R. 998) and the joint resolution (H.J. Res. 83) was agreed to yesterday, February 28th. MEMBERS’ DAY Meeting Hour: Agreed by unanimous consent that Committee on Appropriations: Subcommittee on Labor, when the House adjourns today, it adjourn to meet Health and Human Services, and Education held a at 9 a.m. tomorrow, March 2. Page H1447 hearing entitled ‘‘Members’ Day’’. Testimony was heard from Representatives Delaney, Faso, Congressional-Executive Commission on the Peo- Fitzpatrick, Hanabusa, Jackson Lee, Jenkins of Kan- ple’s Republic of China—Appointment: The sas, Kelly of Illinois, Kuster of New Hampshire, Chair announced the Speaker’s appointment of the Langevin, Long, MacArthur, Murphy of Pennsyl- following Members on the part of the House to the vania, Panetta, Polis, Price of North Carolina, and Congressional-Executive Commission on the People’s Thompson of Pennsylvania. Republic of China: Representatives Walz and Kap- tur. Page H1448 CYBER WARFARE IN THE 21ST CENTURY: Canada-United States Interparliamentary THREATS, CHALLENGES AND Group—Appointment: The Chair announced the OPPORTUNITIES Speaker’s appointment of the following Members on Committee on Armed Services: Full Committee held a the part of the House to the Canada-United States hearing entitled ‘‘Cyber Warfare in the 21st Cen- Interparliamentary Group: Representatives Higgins, tury: Threats, Challenges and Opportunities’’. Testi- Slaughter, Meeks, Larsen (WA), and DeFazio. mony was heard from public witnesses. Page H1448 U.S. GROUND FORCE CAPABILITY AND Advisory Committee on the Records of Con- MODERNIZATION CHALLENGES IN gress—Appointment: Read a letter from Rep- EASTERN EUROPE resentative Pelosi, Minority Leader, in which she ap- pointed the following individual on the part of the Committee on Armed Services: Subcommittee on Tac- House to the Advisory Committee on the Records of tical Air and Land Forces held a hearing entitled Congress: Mr. John A. Lawrence of Washington, ‘‘U.S. Ground Force Capability and Modernization DC. Page H1448 Challenges in Eastern Europe’’. Testimony was heard from public witnesses. Quorum Calls—Votes: Two yea-and-nay votes and eleven recorded votes developed during the pro- LEGISLATIVE PROPOSALS TO IMPROVE ceedings of today and appear on pages H1414–15, HEALTH CARE COVERAGE AND PROVIDE H1415, H1415–16, H1416–17, H1418–19, H1419, LOWER COSTS FOR FAMILIES H1419–20, H1420–21, H1443–44, H1444–45, Committee on Education and the Workforce: Full Com- H1446, H1446–47, H1447. There were no quorum mittee held a hearing entitled ‘‘Legislative Proposals calls. to Improve Health Care Coverage and Provide Lower Adjournment: The House met at 10 a.m. and ad- Costs for Families’’. Testimony was heard from pub- journed at 8:37 p.m. lic witnesses. Committee Meetings LEGISLATIVE MEASURE Committee on the Judiciary: Full Committee held a MISCELLANEOUS MEASURE hearing on Section 702 of the Foreign Intelligence Committee on Agriculture: Full Committee held a Surveillance Act. Testimony was heard from Brad markup on the budget views and estimates letter of Brooker, Acting General Counsel, Office of the Di- the Committee on Agriculture for the agencies and rector of National Intelligence; Paul Morris, Deputy programs under the jurisdiction of the Committee General Counsel for Operations, National Security for fiscal year 2018. The committee adopted its Agency; Stephen Vanech, Deputy Chief, Office of views and estimates letter for the agencies and pro- Counterterrorism, National Security Agency; Stuart grams under the jurisdiction of the committee for Evans, Deputy Assistant Attorney General, National fiscal year 2018. Security Division, Department of Justice; and Grant Mendenhall, Acting Assistant Director, Counterter- MEMBERS’ DAY rorism Division, Federal Bureau of Investigation; and Committee on Appropriations: Subcommittee on Home- public witnesses. A portion of this hearing was land Security held a hearing entitled ‘‘Members’ closed.

VerDate Sep 11 2014 03:05 Jun 17, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD17\MARCH\D01MR7.REC D01MR7 March 1, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D213 MODERNIZING WESTERN WATER AND POWER INFRASTRUCTURE IN THE 21ST Joint Meetings CENTURY THE AMERICAN LEGION LEGISLATIVE Committee on Natural Resources: Subcommittee on PRESENTATION Water, Power and Oceans held a hearing entitled Joint Hearing: Senate Committee on Veterans’ Affairs ‘‘Modernizing Western Water and Power Infrastruc- concluded a joint hearing with the House Com- ture in the 21st Century’’. Testimony was heard mittee on Veterans’ Affairs to examine the legislative from public witnesses. presentation of The American Legion, after receiving testimony from Charles E. Schmidt, The American EXAMINING ENVIRONMENTAL BARRIERS Legion, Hines, Oregon. TO INFRASTRUCTURE DEVELOPMENT Committee on Oversight and Government Reform: Sub- VFW LEGISLATIVE PRESENTATION committee on the Interior, Energy and Environment; Joint Hearing: Senate Committee on Veterans’ Affairs and Subcommittee on Intergovernmental Affairs, concluded a joint hearing with the House Com- held a joint hearing entitled ‘‘Examining Environ- mittee on Veterans’ Affairs to examine the legislative mental Barriers to Infrastructure Development’’. Tes- presentation of the Veterans of Foreign Wars of the timony was heard from public witnesses. United States, after receiving testimony from Brian Duffy, Veterans of Foreign Wars of the United VA: PATH TO REFORM States, Louisville, Kentucky. Committee on Oversight And Government Reform: Sub- f committee on National Security held a hearing enti- NEW PUBLIC LAWS tled ‘‘VA: Path to Reform’’. Testimony was heard from the following Department of Veterans Affairs (For last listing of Public Laws, see DAILY DIGEST, p. D181) officials: Pamela Mitchell, Acting Assistant Sec- H.R. 255, to authorize the National Science Foun- retary, Office of Human Resources and Administra- dation to support entrepreneurial programs for tion; Nick Dahl, Deputy Assistant Inspector General women. Signed on February 28, 2017. (Public Law for Audits and Evaluations, Office of Inspector Gen- 115–6) eral; and Irene Barnett, Director of the Bedford Of- H.R. 321, to inspire women to enter the aerospace fice for Audits and Evaluations, Office of Inspector field, including science, technology, engineering, and General. mathematics, through mentorship and outreach. Signed on February 28, 2017. (Public Law 115–7) MISCELLANEOUS MEASURE H.J. Res. 40, providing for congressional dis- approval under chapter 8 of title 5, United States Committee on Science, Space, and Technology: Full Com- Code, of the rule submitted by the Social Security mittee held a markup on H.R. 1224, the ‘‘NIST Cy- Administration relating to Implementation of the bersecurity Framework, Assessment, and Auditing NICS Improvement Amendments Act of 2007. Act of 2017’’. H.R. 1224 was ordered reported, as Signed on February 28, 2017. (Public Law 115–8) amended. f MISCELLANEOUS MEASURE COMMITTEE MEETINGS FOR THURSDAY, Committee on Small Business: Full Committee held a MARCH 2, 2017 markup on the committee’s budget views and esti- (Committee meetings are open unless otherwise indicated) mates for Fiscal Year 2018. The committee adopted Senate its budget views and estimates for Fiscal Year 2018. Committee on Armed Services: to hold hearings to examine BUILDING A 21ST CENTURY cyber strategy and policy, 9:30 a.m., SH–216. Committee on Commerce, Science, and Transportation: Sub- INFRASTRUCTURE FOR AMERICA: STATE committee on Communications, Technology, Innovation, OF AMERICAN AIRPORTS and the Internet, to hold hearings to examine the value Committee on Transportation and Infrastructure: Sub- of spectrum to the U.S. economy, 9:30 a.m., SD–G50. committee on Aviation held a hearing entitled Committee on Finance: business meeting to consider the ‘‘Building a 21st Century Infrastructure for America: nomination of Seema Verma, of Indiana, to be Adminis- trator of the Centers for Medicare and Medicaid Services, State of American Airports’’. Testimony was heard Department of Health and Human Services, Time to be from public witnesses. announced, Room to be announced.

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Committee on Foreign Relations: to hold hearings to exam- Drug and Biosimilar User Fee Programs’’, 10 a.m., 2123 ine Venezuela, focusing on options for U.S. policy, 10:30 Rayburn. a.m., SD–419. Committee on the Judiciary, Subcommittee on the Con- Select Committee on Intelligence: to hold closed hearings to stitution and Civil Justice, hearing entitled ‘‘Oversight of examine certain intelligence matters, 2 p.m., SH–219. the Judgment Fund’’, 9 a.m., 2141 Rayburn. Committee on Oversight and Government Reform, Full Com- House mittee, hearing entitled ‘‘Transparency at TSA’’, 10 a.m., 2154 Rayburn. Committee on Armed Services, Subcommittee on Military Committee on Small Business, Subcommittee on Con- Personnel, hearing entitled ‘‘Overview of Military Review tracting and Workforce, hearing entitled ‘‘Learning from Board Agencies’’, 10:30 a.m., 2118 Rayburn. History: Ideas to Strengthen and Modernize the Committee on the Budget, Full Committee, hearing enti- HUBZone Program’’, 10 a.m., 2360 Rayburn. tled ‘‘Members’ Day’’, 10 a.m., 1334 Longworth. Permanent Select Committee on Intelligence, Full Com- Committee on Energy and Commerce, Subcommittee on mittee, business meeting on the committee’s views and Health, hearing entitled ‘‘Examining FDA’s Generic estimates, HVC–304. This meeting will be closed.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED FIFTEENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through February 28, 2017 January 3 through February 28, 2017

Senate House Total Civilian nominations, totaling 59, disposed of as follows: Days in session ...... 33 31 . . Confirmed ...... 16 Time in session ...... 252 hrs., 58′ 151 hrs., 48′ .. Congressional Record: Unconfirmed ...... 20 Pages of proceedings ...... 1,507 1,394 . . Withdrawn ...... 23 Extensions of Remarks ...... 251 . . Public bills enacted into law ...... 1 7 8 Private bills enacted into law ...... Bills in conference ...... Army nominations, totaling 2, disposed of as follows: Measures passed, total ...... 43 145 188 Senate bills ...... 3 1 . . Confirmed ...... 2 House bills ...... 5 84 . . Senate joint resolutions ...... House joint resolutions ...... 3 14 . . Senate concurrent resolutions ...... 3 3 . . House concurrent resolutions ...... 2 3 . . Navy nominations, totaling 1, disposed of as follows: Simple resolutions ...... 27 40 . . Confirmed ...... 1 Measures reported, total ...... *24 21 45 Senate bills ...... 3 . . . . House bills ...... 2 7 . . Senate joint resolutions ...... House joint resolutions ...... Summary Senate concurrent resolutions ...... House concurrent resolutions ...... Total nominations carried over from the First Session ...... 0 Simple resolutions ...... 19 14 . . Total nominations received this Session ...... 62 Special reports ...... 1 1 . . Total confirmed ...... 19 Conference reports ...... Total unconfirmed ...... 20 Measures pending on calendar ...... 4 7 . . Total withdrawn ...... 23 Measures introduced, total ...... 571 1,537 2,108 Total returned to the White House ...... 0 Bills ...... 467 1,264 .. Joint resolutions ...... 25 83 . . Concurrent resolutions ...... 6 31 . . Simple resolutions ...... 73 159 . . Quorum calls ...... 3 1 . . Yea-and-nay votes ...... 74 51 . . Recorded votes ...... 56 . . Bills vetoed ...... Vetoes overridden ......

* These figures include all measures reported, even if there was no accom- panying report. A total of 3 written reports have been filed in the Senate, 22 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 2 9 a.m., Thursday, March 2

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 1004— ation of the nomination of Benjamin S. Carson, Sr., of Regulatory Integrity Act of 2017. Florida, to be Secretary of Housing and Urban Develop- ment, and vote on confirmation of the nomination at ap- proximately 10 a.m. Following disposition of the nomination of Benjamin S. Carson, Sr., Senate will vote on the motion to invoke cloture on the nomination of James Richard Perry, of Texas, to be Secretary of Energy.

Extensions of Remarks, as inserted in this issue

HOUSE Ellison, Keith, Minn., E260 Payne, Donald M., Jr., N.J., E255 Gibbs, Bob, Ohio, E256 Perlmutter, Ed, Colo., E256 Blumenauer, Earl, Ore., E257 Graves, Sam, Mo., E254, E254, E255 Renacci, James B., Ohio, E255 Bost, Mike, Ill., E257 Hudson, Richard, N.C., E258, E260 Schiff, Adam B., Calif., E253 Brady, Kevin, Tex., E254, E256 Jackson Lee, Sheila, Tex., E263 Sherman, Brad, Calif., E259 Byrne, Bradley, Ala., E253 McSally, Martha, Ariz., E259 Carter, John R., Tex., E258 Meadows, Mark, N.C., E257 Stefanik, Elise M., N.Y., E260, E261 Cartwright, Matt, Pa., E256 Nadler, Jerrold, N.Y., E254 Visclosky, Peter J., Ind., E253 Chu, Judy, Calif., E260 Newhouse, Dan, Wash., E262, E263 Wagner, Ann, Mo., E258 Cleaver, Emanuel, Mo., E257 Norton, Eleanor Holmes, The District of Columbia, Young, David, Iowa, E254, E254, E256, E257, E258, E258, Comstock, Barbara, Va., E261, E262 E261 E259, E260, E261, E262 Davis, Rodney, Ill., E258 Pallone, Frank, Jr., N.J., E255

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