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

Vol. 163 WASHINGTON, WEDNESDAY, FEBRUARY 15, 2017 No. 27 House of Representatives The House met at 10 a.m. and was Amendment, celebrated its 50th anni- with the knowledge of what it takes to called to order by the Speaker pro tem- versary. I became intrigued with its understand the personal and political pore (Mr. ROGERS of Kentucky). history and application because it is stresses of the Presidency? f clear, whether with Donald Trump or a I submit that the best failsafe to a future President, this mechanism is President who is emotionally unstable DESIGNATION OF SPEAKER PRO very important. Accidents can happen: would be to impanel our previous TEMPORE President Reagan suffered from early Presidents and Vice Presidents to The SPEAKER pro tempore laid be- onset Alzheimer’s that concerned his make that determination. fore the House the following commu- staff. President Wilson was incapaci- Think about how it would work. Cur- nication from the Speaker: tated by a stroke, and his wife, Edith, rently, there are 10 bipartisan former WASHINGTON, DC, effectively governed the United States distinguished Americans who, in most February 15, 2017. for months. cases, enjoy even greater public sup- I hereby appoint the Honorable HAR- It is only a matter of time before we port than when they left office. Most OLD ROGERS to act as Speaker pro tem- face these challenges again. As I exam- importantly, there is no group of peo- pore on this day. ined the amendment, it became clear ple better suited to evaluate the evi- PAUL D. RYAN, that, in the case of mental or emo- dence and the dynamics at work for the Speaker of the House of Representatives. tional incapacity, there is a glaring good of the country and the President f flaw. For a mentally unstable, para- who needs help. noid, or delusional President, the 25th Now, we have made real progress MORNING-HOUR DEBATE Amendment has no guarantee of its ap- with mental illness. We have made it The SPEAKER pro tempore. Pursu- plication. In fact, it is likely that it easier to get care. We are taking away ant to the order of the House of Janu- would fail. the stigma for the one in five Ameri- ary 3, 2017, the Chair will now recog- As written, the 25th Amendment re- cans who suffer from mental health nize Members from lists submitted by quires the Vice President and a major- issues. We find people to be more open the majority and minority leaders for ity of the Cabinet to concur that the and candid and accepting of themselves morning-hour debate. President is no longer capable of exer- and others. We are making real strides The Chair will alternate recognition cising authority. There are other safe- in terms of treatment and acceptance. between the parties, with each party guards. It would take time to process. But all of this requires access to limited to 1 hour and each Member Ultimately, two-thirds of both Houses help; and this drama should not play other than the majority and minority of Congress must agree. out with somebody whose fingers are leaders and the minority whip limited But look at the current Cabinet. on the nuclear buttons and whose to 5 minutes, but in no event shall de- Even if one thinks that a group with no every pronouncement can unsettle dip- bate continue beyond 11:50 a.m. meaningful government experience, all lomatic conditions, affect war and f approved in a heightened partisan con- peace, and the global economy. text, most of whom don’t even know Having Congress establish this panel TWENTY-FIFTH AMENDMENT the President personally, could objec- of former Presidents and Vice Presi- The SPEAKER pro tempore. The tively exercise the power should the dents from both parties as a guardian Chair recognizes the gentleman from President become mentally incapaci- and failsafe mechanism is important, Oregon (Mr. BLUMENAUER) for 5 min- tated, the larger question is whether and it needs to happen as soon as pos- utes. they would ever be allowed to do so. sible. Mr. BLUMENAUER. Mr. Speaker, A President who is paranoid or delu- We never know when catastrophe like many people, I have noticed re- sional is very unlikely to tolerate dis- might strike. There is no good time to newed interest in the 25th Amendment, sent within the ranks. He or she could fix this problem. In today’s world of al- as we have seen erratic behavior out of simply fire any Cabinet member who ternative facts and fake news, in a sea the White House, an inability of Don- would stand up to them. of bitter partisan controversy, we need ald Trump to even tell whether it That is why we need to exercise the to have a mechanism that can be reli- rained on him during his inaugural other part of the 25th Amendment that able, command public confidence, and speech, and repeating false statements allows Congress to designate another be above politics. that are demonstrably wrong. body, instead of the Cabinet. Who could It is hard to think of a group that Last Friday, the mechanism to deal exercise that authority with the con- would collectively have more support with Presidential incapacity, the 25th fidence of the American public and and credibility than the distinguished

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.

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VerDate Sep 11 2014 23:47 Feb 15, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.000 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1188 CONGRESSIONAL RECORD — HOUSE February 15, 2017 Americans who have been in that posi- In his resignation letter, General agents to meddle in our election. Did tion and, regardless of partisan dif- Flynn wrote: ‘‘I have always performed he do it out of love for Mr. Trump? I ferences, whose allegiance to America my duties with the utmost of integrity doubt it. More likely, he did it so he is unquestioned. and honesty to those I have served, to could do to a democracy what we and We need to start now to protect the include the President of the United our allies did to communism, send it to integrity of the most powerful position States.’’ the ash heap of history. If America’s on the planet. I believe General Flynn. I believe he elections can be hacked, what chance is f did precisely what the President of the there for budding democracies to make United States asked him to do. General BLACK LUNG BENEFITS it? Flynn is a military man. He is accus- Don’t believe me? Look at what The SPEAKER pro tempore. The tomed to the chain of command. He did Putin has done in just 3 weeks of this Chair recognizes the gentleman from not do anything that he was not asked new administration. He had govern- West Virginia (Mr. JENKINS) for 5 min- to do. He was not a rogue agent, but ment agents poisoned. He sent a polit- utes. had the complete knowledge and co- ical rival to prison. He sent $12 million Mr. JENKINS of West Virginia. Mr. operation of his Commander in Chief. to Jean-Marie Le Pen, the far-right Speaker, my home State of West Vir- We have all heard Donald Trump candidate for the President of France. ginia has almost 20,000 coal miners. boast of how smart he is and how he His latest move was to launch a cruise Tens of thousands more worked in the calls his own shots. Why then should missile that is in direct defiance of mines and are now enjoying a well-de- we believe that, when it comes to na- treaties. served retirement. tional security, he prefers to be kept in Putin’s Russia is playing chicken They proudly mined the coal that the dark? A President can’t be both in powers our Nation, and it puts food on with President Trump, and what is our charge and out of the loop. President’s response? A tweet com- their table. These miners worked hard The only way we can ever hope to plaining about leaks within his admin- each and every day, and we owe them a know what happened is if there is a istration and, according to the latest debt of gratitude. thorough investigation. I believe it reports, pressuring the Prime Minister Our Nation made them a promise to should be an independent investiga- of Japan to forge closer relations with take care of them if they developed tion, an independent commission. But Russia. black lung disease. And for decades if we are going to go down the route of now, the Federal Government has guar- having it be a congressional investiga- b 1015 anteed black lung benefits, and the so- tion, then it needs to be a comprehen- President Trump’s ‘‘bromance’’ is called Byrd amendment 7 years ago re- sive investigation and one that has the dangerous. It undermines our democ- iterated that commitment to our min- resources to do the job. racy, and it is destabilizing the globe. ers. I am calling on Chairman NUNES of What does Putin have on President As we draft healthcare reform here in the House Permanent Select Com- Trump? What does President Trump Congress, I urge my colleagues to mittee on Intelligence to schedule owe Putin? maintain these essential black lung hearings immediately. We will not know until we exercise benefits for our miners and their fami- We heard 14 hours of testimony from U.S. Code section 6103. A vote yester- lies. Secretary Clinton about her emails. I day in Ways and Means was a totally I have introduced legislation to af- think we can agree that foreign infil- partisan vote. We deserve to know firm our commitment to protecting the tration of our government at the high- what his tax return shows us. We de- Byrd amendment and these critical est level is at least as important as serve the truth. black lung benefits. I introduced it last using a private email server, espe- Congress, too, and I am committed to cially, I might add, when President f continuing to fight for it because we Trump and his team used unencrypted CALIFORNIA’S MARCH TO THE cannot let our miners down. cell phones during their North Korea EXTREME LEFT While mine safety continues to im- strategy session at Mar-a-Lago in a The SPEAKER pro tempore. The prove, we must guarantee that our dining room with many other guests. Chair recognizes the gentleman from miners have the benefits they need in Today, an Active Duty, four-star gen- California (Mr. MCCLINTOCK) for 5 min- case they are diagnosed with black eral said publicly that ‘‘our govern- utes. lung disease. These benefits provide ment continues to be in unbelievable Mr. MCCLINTOCK. Mr. Speaker, one critical support for our retired miners turmoil’’ and that he hopes ‘‘they sort of the most troubling aspects of Cali- and their families. For some disabled it out soon, because we’re a nation at fornia’s lurch to the left are the rise of miners, it may be the only income they war.’’ two doctrines unknown in this country have. In West Virginia, almost 5,000 He continues: ‘‘As a commander, I’m since the last gasp of the Southern families rely on these benefits. concerned our government be as stable This is a promise we made to them, as possible.’’ Confederacy. and it is a promise that we must keep. It is critical that Congress takes The first is the doctrine of nullifica- Just as we have relied on our miners to heed of this unprecedented public tion, the notion that States may defy mine the coal that built the sky- warning and act. Federal laws that their leaders simply scrapers and won world wars, our min- I am well aware this is a partisan in- don’t like. The most outspoken advo- ers should be able to rely on us. stitution. I also know that there have cate of this doctrine was John C. Cal- I urge my colleagues to support the been times in our proud history in the houn, who, in referencing our Nation’s protection of black lung benefits and to United States Congress when Members most-revered document, the Declara- honor the hard work of our miners. have pushed partisanship aside in tion of Independence, observed that our Nation had been founded on—his f search of the truth. The Warren Com- mission, following the assassination of words—‘‘self-evident lies.’’ A GLACIER OF RUSSIAN President Kennedy, is one example. The doctrine of nullification has been INTERFERENCE The 9/11 Commission after the terrorist revived in the sanctuary cities move- The SPEAKER pro tempore. The attacks in 2001 is another. ment, and has now reared its head as Chair recognizes the gentlewoman from In the Senate, at least three Repub- State legislation. Our Constitution California (Ms. SPEIER) for 5 minutes. licans have directly called for inves- clearly gives Congress the sole preroga- Ms. SPEIER. Mr. Speaker, we are in tigations into this matter and several tive to make immigration law, and it a constitutional crisis. Make no mis- more have acknowledged that these commands the President to faithfully take about it. Yes, the National Secu- questions must be answered. I wonder, execute these laws. Our President is rity Adviser Michael Flynn resigned. will one House Republican Member now doing so. Yet, California’s legisla- Yes, he should have resigned, but he is come forward and say we must inves- ture is actively considering a bill that just the tip of the iceberg. A glacier of tigate? would assert an independent power to Russian interference is plaguing our Colleagues, I urge you to think this defy them. And this is not just hap- country right now. through. Vladimir Putin ordered pening in California.

VerDate Sep 11 2014 23:47 Feb 15, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.008 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1189 Mr. Speaker, States ought to be jeal- into lawless rebellion. In these turbu- go unanswered. It completely desta- ous guardians of their organic powers lent times, our greatest strengths are bilizes the balance of power in that and the prerogatives against unwanted our rule of law, our constitutional in- theater of the world. encroachments by the Federal Govern- stitutions, and the loyalty of Ameri- Again, the folks in Connecticut woke ment. But the Supremacy Clause binds cans to their priceless legacy of free- up this morning with that news about the States to our Federal laws. This is dom and justice and the Union that the spy ship off the coast. As you can the very essence of Constitutional Fed- preserves them. imagine, it has created a lot of con- eralism in Article VI: Every person who takes the oath of sternation and questions. ‘‘This Constitution, and the Laws of office under our Constitution swears an Once again, I would reiterate that I the United States which shall be made oath to support and defend the Con- have total confidence in our Navy lead- in Pursuance thereof; and of all Trea- stitution. These modern resurrections ership both at the Groton Navy base ties made, or which shall be made, of the long-buried doctrines of nul- and here in Washington that they will under the Authority of the United lification and secession strike at the react to this with total vigilance and States, shall be the supreme Law of the heart of our Constitution. These move- professional competence to make sure Land; and the Judges in every State ments of the left would undermine the that, again, our security is protected. shall be bound thereby, any Thing in very foundation of our American civili- But I think it is time now for all of the Constitution or Laws of any State zation. They ought to be condemned in us in Washington, D.C., to understand to the Contrary notwithstanding.’’ the strongest possible terms and op- that Vladimir Putin, during the 5 years If a State, in rightfully guarding its posed by every American of goodwill that he has been in power, again, has powers, believes that a Federal law un- who remains loyal to our free govern- taken a posture that is completely de- constitutionally infringes on those ment. stabilizing any sort of global system of powers, the Constitution provides that peace and security. the courts shall resolve such disputes. f This new administration, which But asserting the power to nullify a RUSSIA’S AGGRESSIVE INTENT clearly has an infatuation with Putin— Federal law, a law that is clearly with- The SPEAKER pro tempore. The and this goes back during the cam- in the enumerated powers of the Con- Chair recognizes the gentleman from paign with President Trump talking on the campaign trail about his high re- gress and clearly under the Supremacy Connecticut (Mr. COURTNEY) for 5 min- Clause of the Constitution, that crosses utes. gard for Putin’s leadership—needs to a very bright line that no State has Mr. COURTNEY. Mr. Speaker, as we basically move on and recognize that breached since the first State seceded are sitting here in this Chamber, right this is an emerging threat and that we in 1861. now off the coast of Groton, Con- have to take all necessary steps to re- Which brings us to the second, even necticut, 30 miles from the Groton spond to it both in the short-term and, more disturbing development in Cali- Navy Sub Base, which is the oldest sub- obviously, as we take up defense policy fornia’s march to the extreme left. marine base in America, there is a Rus- and defense budgets, which is that the There is no single act which more ulti- sian spy ship, the Viktor Leonov, that resurgence of the Russian Navy is a mately and categorically rejects our is loitering—as was reported this morn- game-changer in terms of the demands on our fleet. Constitution, our country, and all that ing from the Navy and news sources— That is something that, again, on the they stand for, than a proposal to se- off the coast, again, within the bare cede from the Union that has preserved Seapower and Projection Forces Sub- minimum of international waters. committee, which I am the ranking our liberties for nearly two and a half I can attest to the fact that—having member, we are working hard in terms centuries. It is logically impossible to just flown down from Connecticut a of implementing the Obama adminis- support secession and, yet, maintain few days ago—anyone who would loiter loyalty to the Union from which you tration’s boost to Navy shipbuilding off the coast of Connecticut is not and increasing the fleet size. propose to secede. doing it because of the great climate Secession is the ultimate act of dis- Again, we need to really, as I said, and weather. It is freezing weather out loyalty today, no less than during the just disavow ourselves of any naive as- there. They are doing it, obviously, days of Confederacy. Yet, in California, sumptions that somehow the Putin with aggressive intent, to say the a formal secession movement is now government is somehow something least. circulating petitions for signature to that we can trust, and shows any re- Mr. Speaker, this is part of a pattern place exactly such a proposal on the gard for international norms or inter- that is going on right now not just off ballot. national law. It should come as no surprise that the East Coast of the U.S., but also Again, to the folks back home, I one of its leading proponents is an overseas. The USS Porter, which is a want you to know that we are moni- American expatriate now living in Rus- Navy missile ship, was buzzed by mili- toring this situation with our Navy sia who declared he ‘‘could no longer tary aircraft from Russia on February team down here in Washington and I live under an American flag.’’ It should 10. They came within 200 yards of the have total confidence that we are on not even come as a surprise that the ship. Again, because we have such in- top of this situation. movement is cheered on by California’s credibly competent and professional It is a reminder that the Russian increasingly radical left. leadership that captain those vessels, Government and the investment that But what came as a stunning surprise an incident was avoided. they have put into their Navy fleet is is that 32 percent of Californians sup- However, the danger of jet aircraft not a friendly gesture in terms of cre- port this measure, according to a re- moving within 200 yards of a U.S. naval ating a system of global peace and se- cent poll. Let me repeat that. One in ship obviously is just common sense to curity; and this administration needs three Californians, according to this anyone how high risk that is in terms to wake up and recognize that and poll, want to repudiate our Federal of creating an incident that could have move on to a bipartisan effort to re- Union and its Constitution. huge ramifications. spond to this threat. We can only hope that the polling is In addition to that, the news re- They can do that by, again, dis- wrong, or that the disaffected Califor- ported again just the last couple of closing all the background regarding nians who answered the poll in this days or so that the Russian military is General Flynn’s interaction with the fashion did so with reckless abandon now deploying intermediate medium- Russian Government because it is part that calm reflection will cure. But it is range nuclear warheads in different and parcel of all those incidents which impossible to avoid the implication places throughout Western Russia, I listed in terms of aggressive actions that so many people in my afflicted near Eastern Europe. Again, this is that are happening in real time as we State hold so little loyalty to our clearly in violation of treaties that go are here in Washington, D.C., today. country that they would support a back decades. f measure that willfully rends it asun- As General Breedlove, who was the der. commander of NATO and the European TITLE X GRANT ALLOCATIONS These movements, nullification and Command who just stepped down, said The SPEAKER pro tempore. The secession, cross from lawful dissent that this new effort really just cannot Chair recognizes the gentlewoman from

VerDate Sep 11 2014 23:47 Feb 15, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.004 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1190 CONGRESSIONAL RECORD — HOUSE February 15, 2017 Tennessee (Mrs. BLACKBURN) for 5 min- previous administrative efforts which for 1 minute and to revise and extend utes. undermine State laws and restores to her remarks.) Mrs. BLACKBURN. Mr. Speaker, I the States the title X grant program Ms. ROS-LEHTINEN. Mr. Speaker, as come to the floor this morning to talk for its original purpose. our Nation celebrates American Heart about a piece of legislation that is f Month, I want to highlight the groups going to be before us this week, and we and individuals working to ensure that are bringing it forward through the RECESS south Florida is filled with healthy Congressional Review Act. The SPEAKER pro tempore. Pursu- hearts. In our office, we have had so many ant to clause 12(a) of rule I, the Chair Organizations like the Ft. Lauder- people ask: What is a Congressional Re- declares the House in recess until noon dale-Miami chapter of the American view Act, and how is it that you can re- today. Heart Association work tirelessly call these rules? Accordingly (at 10 o’clock and 30 every day to raise awareness and sup- This allows Congress to exercise minutes a.m.), the House stood in re- port patients, as well as caregivers. their authority over the agencies and cess. The members will be hosting the the administration and the executive Miami Heart and Stroke Ball to help f branch interaction where they make fund lifesaving research and prevention rules. Many times they do these rules, b 1200 programs in our community. as this previous administration did, at I would also like to recognize the the last minute, as they are heading AFTER RECESS medical researchers, the doctors, and out the door, trying to put their thumb The recess having expired, the House the nurses at the Miami Cardiac and and their imprint on actions and pro- was called to order by the Speaker at Vascular Institute and so many other hibit Congress or prohibit the States noon. medical centers that are working to from taking an action. f pioneer innovative treatments that So as we meet in this Chamber this save lives in south Florida every day. week, we are going to take up H.J. Res. PRAYER This American Heart Month, let us 43. H.J. Res. 43 is a resolution which The Chaplain, the Reverend Patrick unite as a community to promote exer- will disapprove of one of these last- J. Conroy, offered the following prayer: cise, healthy eating habits, and fre- minute rule changes that President We give You thanks, O God, for giv- quent checkups to ensure that south Obama made as he was exiting his of- ing us another day. Florida is heart-healthy throughout fice. This one deals with title X funds As You make available to Your peo- the entire year. and the grant allocations that come ple the grace and knowledge to meet f through title X funds. the needs of the day, we pray that Your Now, title X funds were put in place spirit will be upon the Members of this WHERE IS THE HEARING to serve women and their healthcare people’s House, giving them the rich- (Ms. KELLY of Illinois asked and was needs, underserved women in under- ness of Your wisdom. given permission to address the House served areas, and to make certain that May the power of Your truth and our for 1 minute.) there were provisions so that they faith in Your providence give them all Ms. KELLY of Illinois. Mr. Speaker, could access women’s health and have the confidence they must have to do in the wake of troubling events in the access to preventive screenings, to an- the work required for service to our Trump White House, I have one simple nual immunizations, those checkups Nation. question: Where is the hearing? that they need to have each year. May all that is done this day be for In less than a month, we have Many times these funds have been used Your greater honor and glory. watched the credibility and security of by individuals who will say: We do Amen. women’s health and we also do abor- our democracy endangered by a descent tion services. f into scandal, distrust, and an authori- Now, what the rule would have done THE JOURNAL tative environment. What are we going was to block the States and to take to do about it? The SPEAKER. The Chair has exam- away their ability to go in and ask: I serve as the top Democrat on the ined the Journal of the last day’s pro- Who is going to have access to these Oversight and Government Reform ceedings and announces to the House funds, and are we going to disallow Committee’s IT subcommittee, yet I his approval thereof. them to go to entities that provide have heard nothing about a hearing to Pursuant to clause 1, rule I, the Jour- abortion services? investigate Russia’s cyber attacks on nal stands approved. So H.J. Res. 43 repeals the previous our elections. Where is the hearing? administration’s rule and it restores f Officials are hawking the First Daughter’s private clothing line from and gives back to the States the flexi- PLEDGE OF ALLEGIANCE bility that they want and desire to the White House. Where is the hearing? have to distribute these title X grants The SPEAKER. Will the gentle- I sit on the Foreign Affairs Com- under the parameters for which this woman from Illinois (Ms. KELLY) come mittee, and we have not had a discus- program was designed. forward and lead the House in the sion on Russia’s potential blackmailing States should be able to offer family Pledge of Allegiance. of our President or former NSA Direc- planning funds to providers that offer a Ms. KELLY of Illinois led the Pledge tor Flynn. Where is the hearing? full and complete range of healthcare of Allegiance as follows: The President’s tweets show an utter services for women, but do not partici- I pledge allegiance to the Flag of the lack of respect for our free press and pate in elective abortions. United States of America, and to the Repub- independent judicial system, hallmarks Title X funds, outside of the Afford- lic for which it stands, one nation under God, of our democracy. Where are the hear- able Care Act, were intended to help indivisible, with liberty and justice for all. ings? keep patients healthy and to help them f Russia, election hacking, unconstitu- tional Muslim bans, gag orders on pub- on the road to a better quality of life ANNOUNCEMENT BY THE SPEAKER and better health outcomes, not to lic servants, unfinished and unfiled take away life. The SPEAKER. The Chair will enter- ethics paperwork, politically moti- H.J. Res. 43 also redirects title X tain up to 15 requests for 1-minute vated witch hunts against scientists grant funds to other clinics comprised speeches on each side of the aisle. and reporters, blackmail from a foreign of local health departments, hospitals, f government, and the list goes on and and federally qualified health centers on. All of these deserve answers so, that seek to protect life and offer RECOGNIZING AMERICAN HEART once again, I ask, where is the hearing? healthcare services to women. MONTH The people of Illinois and the Amer- Mr. Speaker, I ask my colleagues to (Ms. ROS-LEHTINEN asked and was ican people deserve to know. They de- support H.J. Res. 43, which repeals the given permission to address the House serve a hearing.

VerDate Sep 11 2014 23:47 Feb 15, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.006 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1191 MILITARY FOOD INSECURITY TO THE CHINESE GOVERNMENT: AMERICAN HEART MONTH (Mr. THOMPSON of Pennsylvania IT’S TIME (Mr. ROSS asked and was given per- asked and was given permission to ad- (Mr. HULTGREN asked and was mission to address the House for 1 dress the House for 1 minute and to re- given permission to address the House minute and to revise and extend his re- vise and extend his remarks.) for 1 minute and to revise and extend marks.) Mr. THOMPSON of Pennsylvania. his remarks.) Mr. ROSS. Mr. Speaker, I rise today Mr. Speaker, the House Agriculture Mr. HULTGREN. Mr. Speaker, it is a to recognize American Heart Month Committee has been focused on the bitter reality that universal human and the need to encourage and support issue of food insecurity and the pro- rights are under daily assault around one another to be proactive in prevent- grams that serve those in need beyond the world. ative heart care. personal resources, family support, and I rise today joining in celebration I would like to thank President community programs. and in mourning with Chinese democ- Trump for honoring the tradition of Many are surprised to learn that racy activist Zhu Yufu. This past week, dedicating February as American 22,000 Active Duty military families re- he turned 64, but he marked the occa- Heart Month so that we may continue ceive supplemental nutritional assist- sion in prison. our fight against heart disease and ance, or SNAP. Food insecurity for the Zhu Yufu has devoted his life to pro- heart defects as a nation. Heart disease is the leading cause of families of these American heroes can moting democracy and human rights, death in the United States. Every year, be triggered by low pay among lower- to the ire of Chinese authorities. In one in four deaths is caused by heart ranking enlistees, high military spouse 2012, he was condemned to 7 years im- disease, and approximately 40,000 ba- unemployment, larger household sizes, prisonment on unjust charges. Since bies are born in the U.S. with a con- and unexpected financial emergencies. then, his health has deteriorated, made worse by denial of medical care and in- genital heart defect, including myself. We lifted one barrier to SNAP assist- The good news is that heart disease ance for military families by dis- humane treatment. His family fears for his life. can often be detected earlier and even banding the Department of Defense-ad- prevented when we are proactive, make ministered Family Subsistence Supple- The poem that led to Yufu’s impris- onment is called ‘‘It’s Time.’’ I com- healthy choices, manage our health mental Allowance, or FSSA. It was de- conditions, and keep up with our an- termined that the FSSA benefit was pletely agree. It is time. It is time for the Chinese government to provide Zhu nual physicals. duplicative, underutilized, hard to Communities, health professionals, Yufu with proper medical treatment qualify for, and less valuable than and families can work together to cre- and humane care. More than that, it is SNAP, with as few as 100 military fam- ate opportunities for people to make time for the Chinese Government to re- ilies utilizing FSSA. healthier life choices and to lessen the lease Zhu Yufu and political prisoners Another significant barrier that pre- stigma and fear of simply going to the vents some military families from like him who are unjustly detained. It doctor. qualifying for SNAP is the fact that is time for the Chinese Government to As this is American Heart Month, I their off-base housing allowance counts recognize and support freedom of encourage all Americans to use this as income when computing eligibility. speech, assembly, thought, and belief. month to raise awareness about heart It is my hope we remedy this. f disease and heart defects, and how we Mr. Speaker, as we prepare for reau- PUT AMERICA FIRST INSTEAD OF can prevent, treat, and cope with them, thorization of the Supplemental Nutri- THE KREMLIN both at home and throughout our com- tion Assistance Program, we must re- munities. (Mrs. BUSTOS asked and was given member the needs of America’s finest Through the support of my family permission to address the House for 1 and their families, our American mili- and friends, the guidance of my doc- minute.) tary. After all, nutrition matters. tors, and the grace of God, I am blessed Mrs. BUSTOS. Mr. Speaker, for the to be standing here to support those f sake of our country, I was relieved that across our Nation who are affected in General Michael Flynn resigned from some way by heart disease and heart AFFIRMING THE UNITED STATES his post as National Security Adviser. defects. My prayers and thoughts go ENVIRONMENTAL PROTECTION Not only did he mislead the Vice Presi- out to every one of you. AGENCY dent and the public on his secret con- I ask my colleagues to join me in versations with the Russian govern- promoting American Heart Month so (Mr. HIGGINS of New York asked and ment, he may have also violated Fed- that we can all help save precious lives. was given permission to address the eral law. f House for 1 minute.) But what is just as concerning is that Mr. HIGGINS of New York. Mr. the Trump administration was aware WE OWE THE AMERICAN PEOPLE Speaker, I rise to affirm the great work of General Flynn’s misconduct weeks THE ABSOLUTE TRUTH of the United States Environmental ago and did nothing about it. The (Mr. KILDEE asked and was given Protection Agency. American people deserve to know what permission to address the House for 1 In my home community of Buffalo, President Trump knew, and when he minute.) New York, we have seen the EPA’s ef- knew it. Mr. KILDEE. Mr. Speaker, National fectiveness firsthand. Thirty years ago, And let me be clear: General Flynn’s Security Adviser Michael Flynn’s res- the Buffalo River was declared bio- resignation is not the end of the Trump ignation is no substitute for answers to logically dead and ecologically de- administration’s shady ties to Russia. the serious questions that remain over stroyed because of industrial dumping We still don’t know President Trump’s President Trump’s questionable con- of toxic waste directly into the river financial interests in Russia because he nections to Russia, to Vladimir Putin. bed. Today, the Buffalo River has been refuses to release his tax returns. Federal investigators believe that remediated and continues to show vast- We still don’t know the extent of Flynn, who held secret communica- ly improved water quality. Russia’s disturbing interference in our tions with Russia’s Ambassador, could The Great Lakes Restoration Initia- election because our calls for an inves- have been compromised, or even the tive, administered by the EPA; the tigation have been stonewalled. subject of blackmail. The Justice De- Buffalo Niagara Riverkeeper; and our And we just learned that the Trump partment disclosed this danger to the corporate partner, Honeywell, have in- campaign was in regular conversation White House weeks ago, yet the Presi- vested more than $70 million to remove with Russian intelligence officials. dent allowed Mr. Flynn to continue in 67,000 truckloads of toxic waste from President Trump’s coziness with his position as National Security Ad- the Buffalo River. Vladimir Putin is an urgent matter of viser, after having that information Today, the Buffalo River and adja- national security. disclosed to them. cent land are helping to lead an eco- It is time that the Trump adminis- This conduct could only be the tip of nomic and life-quality renaissance at tration truly put America first, rather the iceberg. There are serious, unan- the water’s edge in Buffalo, New York. than the Kremlin. swered questions that remain, and our

VerDate Sep 11 2014 23:47 Feb 15, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.010 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1192 CONGRESSIONAL RECORD — HOUSE February 15, 2017 national security is at stake. Ameri- I ask you: Is a trophy on the wall country ahead of party. Join us in a bi- cans deserve answers. really worth it? partisan investigation of the White Did the President or others know or So please vote ‘‘no’’ on H.J. Res. 69 House. What did the President know, direct Flynn’s secret communications introduced by our colleague, Mr. and when did he know it? with Russia? YOUNG. The SPEAKER pro tempore (Mr. Why did the White House sit on its f SIMPSON). The Chair would remind hands for weeks, even after being told Members to avoid improper references its National Security Adviser could b 1215 to the President. have been compromised? GENERAL MICHAEL FLYNN’S f Were Trump campaign officials RESIGNATION colluding with Russians? TAKING CARE OF OUR VETERANS These are questions that the Amer- (Mr. HUFFMAN asked and was given (Mr. YODER asked and was given ican people deserve answers to. We permission to address the House for 1 permission to address the House for 1 need a bipartisan, independent com- minute.) minute and to revise and extend his re- mission to examine these questions. Mr. HUFFMAN. Mr. Speaker, I rise marks.) The credibility of our government is at today to call for a nonpartisan, inde- Mr. YODER. Mr. Speaker, I rise stake. Congress must act. pendent commission to immediately today on behalf of the many veterans f and thoroughly examine the influence and the work that Congress is doing to in the 2016 election and at the Trump support and represent them on the VOTERS TRUST TRUMP, NOT THE White House of the Russian Govern- MEDIA House floor this week. These are the ment. This House should have begun heroes who keep us safe and secure (Mr. SMITH of Texas asked and was this critical oversight work imme- each and every day. given permission to address the House diately and served as a check on the This week, this body passed a few im- for 1 minute and to revise and extend White House to protect the American portant bills to streamline access to his remarks.) people, but it has failed to do so. care for veterans as well as provide new Mr. SMITH of Texas. Mr. Speaker, The resignation of General Michael and better opportunities for veteran- despite the saturation of negative Flynn has raised far more questions owned businesses and veterans seeking media coverage of President Trump, than it answered, and it is not accept- employment. the people have spoken. A recent poll able to simply sit on our hands or to Last month, the unemployment rate found that President Trump is thought say that somehow the only problem is for Iraq and Afghanistan veterans in- more trustworthy than the news the leaks that exposed this misconduct creased to 6.3 percent, marking the media. and not the misconduct itself. That fourth time in the last 7 months that The administration is considered won’t cut it. group’s percentage has been higher truthful by 49 percent of registered vot- The American people deserve to than the overall veteran unemploy- ers, but the media is less trusted than know the full picture of Russia’s in- ment rate. That means that about the administration, with only 39 per- volvement in the election, of General 211,000 Iraq and Afghanistan veterans cent finding it honest. So President Flynn’s communication with Russian are still looking for work. That is Trump is more credible than the lib- officials, and why President Trump 211,000 too many. eral national media. took no action for weeks after learning That is why one of the bills we passed That is no surprise. If the media of General Flynn’s misconduct. wants to increase their credibility, this week establishes a Federal pro- Unfortunately, this administration’s gram recognizing private businesses they should report the news fairly, ob- idea of transparency is conducting sen- jectively, and without malice. that employ veterans and engage in sitive national security discussions in community service to help our vet- f the middle of a crowded Mar-a-Lago erans. INHUMANE HUNTING TECHNIQUES dining room in full view of his wealthy Mr. Speaker, helping our Nation’s ON WILDLIFE REFUGES IN ALAS- patrons. The American people deserve veterans who have sacrificed so much KA better. They deserve an independent, for us is a critical priority and remains (Ms. TITUS asked and was given per- nonpartisan commission, and it is time one of the most important objectives of mission to address the House for 1 for this House to do its job. this Congress. I will continue to use minute.) f my time and effort to fight for every opportunity to support them when they Ms. TITUS. Mr. Speaker, so far, in POTENTIAL CRIMES AND return home to give them the hero’s 2017, Donald Trump and the Repub- COVERUPS licans have targeted women, immi- welcome they deserve. grants, and health care. Now they are (Mr. JEFFRIES asked and was given f setting their sights on bear cubs, permission to address the House for 1 minute.) COMMUNICATION FROM THE wolves, and coyotes. CLERK OF THE HOUSE Republicans, in cahoots with the gun Mr. JEFFRIES. Mr. Speaker, Donald lobby and with trophy hunters, want to Trump poses the greatest Presidential The SPEAKER pro tempore laid be- eliminate a rule that currently pro- threat to our democracy since Richard fore the House the following commu- hibits hunters from using brutal means Nixon. It is about the potential crimes nication from the Clerk of the House of to kill our majestic animals in Alas- and the potential coverup. Seventeen Representatives: ka’s 16 wildlife refuges. different intelligence agencies have OFFICE OF THE CLERK, This rule prevents snaring and trap- concluded that the Russians interfered HOUSE OF REPRESENTATIVES, ping bears, including cubs, hunting with the election in order to help Don- Washington, DC, February 15, 2017. wolves in their dens, and shooting ald Trump. Top Trump cronies like Hon. PAUL D. RYAN, The Speaker, House of Representatives, bears from helicopters, among other Carter Page, Paul Manafort, and Mi- chael Flynn all had regular commu- Washington, DC. methods. DEAR MR. SPEAKER: Pursuant to the per- Now, those opposed to the rule say nications with high-level Russian intel- mission granted in Clause 2(h) of Rule II of that it hurts Alaska’s economy, but ligence agents at the same time they the Rules of the U.S. House of Representa- there is no evidence of that. In fact, big were engaging in hacking. tives, the Clerk received the following mes- game hunting represents only 2 percent The National Security Adviser re- sage from the Secretary of the Senate on of wildlife-related recreation on our signed in disgrace because of illegal February 15, 2017, at 9:19 a.m.: national wildlife refuges. communication with the Russian Am- That the Senate passed without amend- Meanwhile, the National Park Serv- bassador. The President refuses to de- ment H.R. 255. That the Senate passed without amend- ice has estimated that wildlife watch- nounce Vladimir Putin and continues ment H.R. 321. ers, those who go to see wildlife, not to to try to make Russia great again. With best wishes, I am shoot them, contribute $1 billion to the Connect the dots. It is time for House Sincerely, State’s economy. Republicans to do their job and put KAREN L. HAAS.

VerDate Sep 11 2014 02:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.012 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1193 CONGRESS NEEDS TO SCRUTINIZE (1) one hour of debate equally divided and sional Review Act resolutions, both THE NEW ADMINISTRATION’S EX- controlled by the Majority Leader and the H.J. Res. 43 and H.J. Res. 69, the stand- ECUTIVE ORDERS Minority Leader or their respective des- ard procedure for such resolutions, ignees; and (2) one motion to recommit. since the sole purpose of each is to re- (Mr. GENE GREEN of Texas asked SEC. 2. Upon adoption of this resolution it move a harmful regulation from the and was given permission to address shall be in order to consider in the House the the House for 1 minute and to revise joint resolution (H.J. Res. 69) providing for Federal Register. The rule allows for 1 hour of debate, and extend his remarks.) congressional disapproval under chapter 8 of equally divided between the majority Mr. GENE GREEN of Texas. Mr. title 5, United States Code, of the final rule and the minority leader or their des- Speaker, I rise to highlight the grow- of the Department of the Interior relating to ‘‘Non-Subsistence Take of Wildlife, and Pub- ignees, for H.J. Res. 43, and 1 hour of ing number of executive orders issued lic Participation and Closure Procedures, on debate, equally divided between the by President Trump and the silence National Wildlife Refuges in Alaska’’. All Chair and the ranking member of the from our House majority. points of order against consideration of the Committee on Natural Resources, for President Trump has signed 12 execu- joint resolution are waived. The joint resolu- H.J. Res. 69. On each resolution con- tive orders in the first 5 weeks in of- tion shall be considered as read. All points of tained in the rule, the minority is af- fice. Many, like the border wall, the order against provisions in the joint resolu- tion are waived. The previous question shall forded the customary motion to recom- Muslim ban, and the ACA sabotage mit. order, are highly misguided and exceed be considered as ordered on the joint resolu- tion and on any amendment thereto to final H.J. Res. 43 is a joint resolution the intent of the law. passage without intervening motion except: which would repeal the Obama admin- Congress has a constitutional duty to (1) one hour of debate equally divided and istration’s midnight rule that takes oversee and investigate the actions of controlled by the chair and ranking minority away States’ ability to direct funding the Executive. To date the House ma- member of the Committee on Natural Re- within their own borders to certain jority has said little and taken no ac- sources; and (2) one motion to recommit. healthcare providers that conform to tion to oversee the Trump administra- SEC. 3. On any legislative day during the the States’ values. tion’s abuse of power through execu- period from February 17, 2017, through Feb- In her final days in office, Secretary ruary 24, 2017— tive orders. (a) the Journal of the proceedings of the Mathews Burwell pushed forward a rule When President Obama sat in the previous day shall be considered as approved; that would require States to fund, with White House, the House majority and public dollars, facilities that perform called his administration every name (b) the Chair may at any time declare the abortions, potentially against the will under the sun. Agencies were closely House adjourned to meet at a date and time, of the people of that given State. This scrutinized. Federal officials were reg- within the limits of clause 4, section 5, arti- flies in the face of the 10th Amendment ularly subject to hostile questioning. cle I of the Constitution, to be announced by which grants to States the authority to Where is the oversight, Mr. Speaker? the Chair in declaring the adjournment. make such decisions within their bor- SEC. 4. The Speaker may appoint Members Where is the criticism? What happened to perform the duties of the Chair for the du- ders and to prioritize which healthcare to limiting executive power? ration of the period addressed by section 3 of providers should receive funding based I hope my colleagues in the majority this resolution as though under clause 8(a) of on the greatest need in their own com- will uphold Congress’ constitutional rule I. munities. duties and vigorously scrutinize Presi- The SPEAKER pro tempore. The gen- Those of us who care about the care- dent Trump’s actions and mounting tleman from Texas is recognized for 1 fully crafted Federal system which our abuse of power. hour. Founding Fathers set up, which allows f Mr. BURGESS. Mr. Speaker, for the different States to operate differently purpose of debate only, I yield the cus- based upon their own values and prior- PROVIDING FOR CONSIDERATION ities, recognize the Obama rule for OF H.J. RES. 43, PROVIDING FOR tomary 30 minutes to the gentlewoman from New York (Ms. SLAUGHTER), the what it is: a power grab by the Federal CONGRESSIONAL DISAPPROVAL Government. This is why the House OF FINAL RULE BY SECRETARY ranking member of the Rules Com- mittee, pending which I yield myself will take up this resolution today—to OF HEALTH AND HUMAN SERV- continue to fight for states’ rights— ICES; PROVIDING FOR CONSIDER- such time as I may consume. During consideration of this resolution, all and will repeal this burdensome regula- ATION OF H.J. RES. 69, PRO- tion that ties the hands of every State VIDING FOR CONGRESSIONAL time yielded is for the purpose of de- bate only. legislature and ties the hands of every DISAPPROVAL OF FINAL RULE Governor in the Nation. OF DEPARTMENT OF THE INTE- GENERAL LEAVE H.J. Res. 69 is a Congressional Re- RIOR; AND PROVIDING FOR PRO- Mr. BURGESS. Mr. Speaker, I ask view Act resolution to repeal an over- CEEDINGS DURING THE PERIOD unanimous consent that all Members reaching regulation by the United FROM FEBRUARY 17, 2017, have 5 legislative days to revise and ex- States Fish and Wildlife Service which THROUGH FEBRUARY 24, 2017 tend their remarks. usurps Alaska’s ability to manage its The SPEAKER pro tempore. Is there Mr. BURGESS. Mr. Speaker, by di- own lands within its own borders. Fed- objection to the request of the gen- rection of the Committee on Rules, I eral law has long recognized that Alas- tleman from Texas? call up House Resolution 123 and ask ka—that Alaska—and her elected offi- There was no objection. for its immediate consideration. cials are in the best position to make Mr. BURGESS. Mr. Speaker, House The Clerk read the resolution, as fol- the decisions on what actions to permit Resolution 123 provides for a rule to lows: on the public lands in that State, consider two Congressional Review Act whether those lands are Federal, State, H. RES. 123 resolutions which will undo burden- or private. Resolved, That upon adoption of this reso- some and harmful regulations put into Despite this long precedent, codified lution it shall be in order to consider in the place by the Obama administration by Congress in the Alaska National In- House the joint resolution (H.J. Res. 43) pro- during the final hours of his Presi- viding for congressional disapproval under terest Land Conservation Act, the chapter 8 of title 5, United States Code, of dency. The rule brings before the House Obama administration moved forward the final rule submitted by Secretary of these resolutions so that Congress may in its waning days with a rule that im- Health and Human Services relating to com- remove, through the proper legislative poses Federal restrictions on lands pliance with title X requirements by project process, rules promulgated by bureau- that have been, up until the end of the recipients in selecting subrecipients. All crats who remain unaccountable to the Obama administration, successfully points of order against consideration of the American people. This process allows regulated by the State of Alaska. Like joint resolution are waived. The joint resolu- those who are accountable—the elected H.J. Res. 43, this resolution recognizes tion shall be considered as read. All points of Representatives in the Congress—to order against provisions in the joint resolu- the important 10th Amendment protec- tion are waived. The previous question shall fight for their constituents’ rights and tions put in place by the Founding Fa- be considered as ordered on the joint resolu- liberties. thers in our Constitution which pro- tion and on any amendment thereto to final House Resolution 123 provides for a tects states’ rights to govern within passage without intervening motion except: closed rule for each of the Congres- their own borders.

VerDate Sep 11 2014 02:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.015 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1194 CONGRESSIONAL RECORD — HOUSE February 15, 2017 The Congressional Review Act is an mitted infections, including HIV. These serv- cology (NASPAG), Nurse Practitioners in important tool in maintaining ac- ices improve women’s health, prevent an es- Women’s Health, Nursing Students for Sex- countability at the Federal level. Its timated 579,000 unintended pregnancies, and ual & Reproductive Health, Physicians for necessity has never been more appar- decrease infant mortality. Reproductive Health, Society for Adolescent Policies that would exclude Planned Par- Health and Medicine, Society for Maternal- ent than over the past few weeks where enthood from public health funding would Fetal Medicine, Society of Family Planning. this Congress has needed to step in and hurt millions of patients and undermine Ms. SLAUGHTER. Mr. Speaker, I in- remove burdensome and unbalanced health care access in communities across the regulations put in place by President country. Limiting access to Planned Parent- clude in the RECORD a letter from my- Obama and his team just as they were hood’s approximately 650 health care centers self and 161 other Members to Speaker walking out the door. across the country would prevent patients RYAN opposing the Republican major- House Republicans today will stand from having timely access to basic preven- ity’s efforts to undermine title X fam- up for the rights of our constituents tive health care services. Approximately 60 ily planning programs and women’s ac- percent of Planned Parenthood patients ac- cess to health care. against an out-of-control Federal bu- cess care through Medicaid and Title X, in reaucracy. I urge my colleagues to sup- addition to those who rely on other essential CONGRESS OF THE UNITED STATES, port today’s rule and the two under- programs, including maternal and child Washington, DC, February 14, 2017. lying Congressional Review Act resolu- health programs and Centers for Disease and Hon. PAUL RYAN, tions. Prevention (CDC) breast and cervical cancer Speaker of the House of Representatives, House Mr. Speaker, I reserve the balance of screening programs. In some states, Planned of Representatives, Washington, DC. DEAR SPEAKER RYAN: We write to express my time. Parenthood is the only provider partici- pating in Title X, and more than 50 percent our grave concern for efforts to undermine Ms. SLAUGHTER. Mr. Speaker, I Title X family planning. Despite promises to yield myself such time as I may con- of Planned Parenthood health centers are lo- cated in a medically underserved or health focus on jobs and the economy, Republicans sume, and I thank my colleague from professional shortage area. Because federal have started the 115th Congress with a total the Rules Committee for yielding me law already requires health care providers to assault on women’s choices, access to care, the customary 30 minutes. demonstrate that no federal funds are used and economic security by: Before I start, I include in the for abortion, prohibitions on funding for pre- Charging ahead to sabotage and dismantle RECORD a letter from over 20 ventive care at Planned Parenthood health the Affordable Care Act (ACA) while making healthcare provider organizations re- centers will only devastate access to these no promises to preserve vital protections for garding the danger of cutting certain life-saving services. women; In addition to limiting patients access to Providing little to no details on their plans providers off from title X funding be- to replace ACA, while making a point to an- cause they also provide abortion with health care, defunding Planned Parenthood is not cost effective. The Congressional nounce that their ACA repeal package will private funds. Budget Office (CBO) estimates that approxi- block access to Planned Parenthood, a high- FEBRUARY 3, 2017. mately 390,000 women would lose access and quality, long-trusted provider of reproduc- Hon. MITCH MCCONNELL, up to 650,000 patients could face reduced ac- tive health services; Senate Majority Leader, cess to preventive health care within a year Rushing to impose and dramatically ex- Washington, DC. should Congress act to block all Medicaid pa- pand the global gag rule, harming women Hon. CHARLES SCHUMER, tients from receiving care at Planned Par- around the world; and Senate Minority Leader, enthood health centers. The CBO also Advancing the No Taxpayer Funding for Washington, DC. projects that excluding Planned Parenthood Abortion and Abortion Insurance Full Dis- Hon. PAUL RYAN, health centers from receiving reimburse- closure Act (H.R. 7) through the House, effec- Speaker of the House of Representatives, ment through the Medicaid program would tively banning private insurance companies Washington, DC. result in a net cost to taxpayers of $130 mil- from covering comprehensive reproductive Hon. NANCY PELOSI, lion over 10 years because of the increase in health services. Minority Leader, House of Representatives, unintended pregnancies without the contra- Now, with their most recent effort to Washington, DC. ceptive care provided by Planned Parent- weaken the Title X national family planning DEAR LEADER MCCONNELL, SPEAKER RYAN, hood. Other publicly funded health centers program through the Congressional Review LEADER SCHUMER AND LEADER PELOSI: As or- would not be able to compensate for the loss Act, Republicans have demonstrated that ganizations representing health care and of affordable family planning and reproduc- they will stop at nothing to limit women’s public health professionals and the people tive health care services provided by access to vital health care. Sadly, this in- they serve across the country, we strongly Planned Parenthood. cludes contraception and family planning oppose any effort to prevent Planned Parent- Every day, we see the harmful impact that services that all women need. hood health centers from participating in unequal access to health care has on women For more than 40 years, Title X has served federal health programs, including Medicaid and communities across the country, and we as a cornerstone of safety-net care. As the and the Title X family planning program. therefore strongly support policies that im- only dedicated source of federal funding for Any proposal to exclude Planned Parenthood prove access to affordable, quality health family planning, Title X allows a diverse from public health programs will severely care. Policies that would deny Planned Par- network of providers to deliver high-quality curtail women’s access to essential health enthood public health funds only serve to cut care to low-income, uninsured, or under- care services, including family planning, millions off from critical preventive care, insured individuals and to those seeking con- well-woman exams, breast and cervical can- and we strongly oppose any effort to do so. fidential care. In 2014 alone, Title X-funded cers screenings, and HIV testing and coun- We also recognize this as part of a broader clinics helped prevent approximately 904,000 seling. At a time when there is much uncer- effort to undermine access to safe, legal unintended pregnancies, 326,000 abortions, tainty about the future of affordable health abortion and curtail access to other repro- and 439,000 unplanned births. In addition to care in our country, it is dangerous to cut off ductive health care by limiting the ability of direct clinical care, Title X also supports access to the life-saving preventive care that abortion providers to participate in public critical infrastructure needs for health cen- Planned Parenthood provides to some of our health programs. ters, including new medical equipment and nation’s most vulnerable patients. Sincerely, staff training that are not reimbursable Planned Parenthood health centers play a American Academy of Nursing, American under Medicaid and commercial insurance. crucial role in improving the health and Academy of Pediatrics, American College of This infrastructure is vital to ensuring safe, lives of people across the country. In fact, 2.5 Nurse-Midwives, American Congress of Ob- quality care at health centers which serve million women, men and young people rely stetricians and Gynecologists, American and provide basic health services to high- on Planned Parenthood for health care every Medical Student Association, American Med- need populations. year. For many women, Planned Parenthood ical Women’s Association (AMWA), Amer- Throughout both Democratic and Repub- is their only source of care—offering basic ican Nurses Association, American Psycho- lican administrations, Title X has been in- preventive services that are fundamental to logical Association, American Public Health terpreted to prohibit state actions that women’s health and well-being. More than Association, American Society for Reproduc- block providers or classes of providers from 50% of Planned Parenthood health centers tive Medicine, Association of Reproductive participating in a Title X project based on are in areas with health professional short- Health Professionals, Doctors for America, factors unrelated to a provider’s qualifica- ages, rural or medically underserved areas. GLMA: Health Professionals Advancing tions to perform the required services. The In 2014 alone, Planned Parenthood health LGBT Equality. networks include providers ranging from centers provided nearly 400,000 cervical can- Midwest Access Project, The National Alli- state, county, and local health departments cer screenings and more than 360,000 breast ance to Advance Adolescent Health, National as well as hospitals, family planning coun- exams. Additionally, Planned Parenthood Family Planning & Reproductive Health As- cils, Planned Parenthood affiliates, federally provides contraceptive services for over 2 sociation, National Medical Association, Na- qualified health centers and other private million patients and more than 4 million tional Physicians Alliance, North American non-profit organizations. In fact, in in- tests and treatments for sexually trans- Society for Pediatric and Adolescent Gyne- stances when states have passed laws to

VerDate Sep 11 2014 05:27 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.016 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1195 limit provider participation in Title X, fed- John Garamendi, Denny Heck, Jamie ure that marks an entirely new front eral courts have consistently held that those Raskin, Nydia M. Vela´ zquez, Sheila Jackson in their war against women’s rights. state laws are contrary to, and preempted Lee, David E. Price, James R. Langevin, Col- This is the most serious threat facing by, federal law. leen Hanabusa, Robin L. Kelly, Terri Sewell, In response to a growing number of states Ben Ray Luja´ n, Josh Gottheimer, Susan women so far in this Congress, and it is targeting family planning providers for ex- Davis. only February. clusion from key federal health programs, Cheri Bustos, Michael Capuano, Jacky Programs supported by title X help including Title X, the previous Administra- Rosen, Norma J. Torres, Donald M. Payne, provide lifesaving preventative tion proposed the regulation ‘‘Compliance Jr., A. Donald McEachin, John Lewis, Joe healthcare services like contraception, with Title X Requirements by Project Re- Courtney, Ruben J. Kihuen, Brendan F. cancer screening, and STD testing to cipients in Selecting Subrecipients.’’ The Boyle, Jared Polis, Ann McLane Kuster, Jim the men and women who need them regulation, which was finalized in December Cooper, Charlie Crist, Anthony Brown, Filemon Vela, Ed Perlmutter, Lisa Blunt most. 2016, helps ensure patient access to family It is outrageous that the majority planning services and supplies through quali- Rochester, John Sarbanes, John B. Larson. fied providers by reiterating that ‘‘no recipi- Members of Congress. today is trying to allow conservative ent making subawards for the provision of State legislatures to pick and choose services as part of its Title X project may b 1230 who can provide this essential care prohibit an entity from participating for rea- Ms. SLAUGHTER. Mr. Speaker, the with Federal money. That is one of the sons other than its ability to provide Title X majority is in the midst of an unprece- worst things in the world. The luck of services. During the rulemaking process, the dented and relentless assault on wom- the draw of where you live will deter- Department of Health and Human Services en’s health—and many other regula- mine whether or not you have access received more than 145,000 comments, the tions while we are at it—that are being that is entitled to all people from the vast majority of which supported the rule. Women across the United States, and the overturned every day here. Federal money. This would threaten men who support them, have had enough. It Although it pledged to govern by health centers from coast to coast. is unconscionable that this common sense prioritizing jobs and the economy, the Mr. Speaker, we are facing the same clarification has become a political football majority is, instead, escalating its war problem today we faced for a very long for members of Congress who want to limit on women with H.J. Res. 43, a dan- time: men in blue suits and red ties de- women’s access to comprehensive reproduc- gerous continuation of its never-ending termining what women can and should tive health care. We urge you to stand in crusade against access to health care do when it comes to their own health. support of women and oppose this assault on for women. They believe the majority of persons— contraceptive access and care. The majority started the 115th Con- women—in the United States are in- Sincerely, gress by moving quickly to eviscerate Judy Chu, Louise Slaughter, Diana capable of making their own decisions. DeGette, Frank Pallone, Jr., Earl Blu- the Affordable Care Act, a law that fi- Do you think that about your own menauer, Suzan DelBene, Lois Frankel, nally barred insurance companies from mother or your wife? Alcee L. Hastings, Brenda L. Lawrence, Sean treating women as being a preexisting Because Washington, D.C., is con- Patrick Maloney, Jerry McNerney, Danny K. condition. Without this law, women trolled by this Republican majority, Davis, Eliot L. Engel, Rau´ l M. Grijalva, Wil- once again would pay a higher rate for the stakes for women are higher today liam R. Keating, Barbara Lee, Doris Matsui, coverage than men. than they have been in generations, as Gwen Moore, Eleanor Holmes Norton, Jan Think about that for a moment. If Schakowsky. we turn over laws passed by the elected everybody doesn’t know it, before this government of the District of Colum- Jackie Speier, Peter A. DeFazio, Katherine law, single women paid from 10 to 57 Clark, Dina Titus, Linda T. Sa´ nchez, Mike bia. Quigley, Mark Pocan, Grace F. Napolitano, percent more than men for their health Mr. Speaker, Republican leaders in Alma S. Adams, Mark Takano, Grace Meng, insurance in States that allowed gen- Congress turn a deaf ear to the major- Yvette D. Clarke, Kathleen M. Rice, Brian der rating. A lot of people don’t under- ity of Americans who oppose this dra- Higgins, Debbie Wasserman Schultz, Pete stand this, but it costs American matic government intervention into Aguilar, Betty McCollum, Lucille Roybal- women nearly a billion dollars every women’s health care. They, unfortu- Allard, Suzanne Bonamici, Luis V. Gutie´rrez, year. But Republicans are rushing to Raja Krishnamoorthi. nately, have the votes to pass it, but repeal the Affordable Care Act without they will have to reckon with the over- Scott H. Peters, Anna G. Eshoo, James P. anything to take its place. McGovern, John Yarmuth, Wm. Lacy Clay, whelming majority of the public who The majority has also advanced H.R. Gene Green, Jimmy Panetta, Jose´ E. understands it is time for the govern- 7, a sweeping bill that would go beyond Serrano, Joseph P. Kennedy, III, Carol Shea- ment to get out of the business of tak- even the Hyde amendment, a 40-year Porter, Jared Huffman, Nita M. Lowey, Caro- ing away women’s healthcare rights. ´ provision that has been around for four lyn B. Maloney, Niki Tsongas, Andre Carson, Mr. Speaker, let me take a personal Jerrold Nadler, Chellie Pingree, Zoe Lofgren, decades too long. Seth Moulton, Kurt Schrader, C.A. Dutch This legislation wouldn’t just make moment to speak about the departure Ruppersberger. this amendment permanent; it would of a long-time member of my staff on Sander M. Levin, Rick Larsen, Bill Foster, also place unprecedented limits on the Rules Committee. I have always be- Frederica S. Wilson, Adam Smith, David women’s access to reproductive health lieved that this committee is like fam- Scott, Pramila Jayapal, Paul Tonko, Kathy ily and that we have one of the most Castor, Marc A. Veasey, Ted W. Lieu, Peter services even if they wanted to pay out of their own pockets to access con- respected staffs on Capitol Hill. Adam Welch, Ami Bera, Eddie Bernice Johnson, Berg, the deputy staff director and G.K. Butterfield, Steven Cohen, Henry C. stitutionally protected abortion serv- ‘‘Hank’’ Johnson, Jr., Daniel T. Kildee, Beto ices. counsel on the Democratic staff per- O’Rourke, Julia Brownley. These moves by the majority, along sonifies this. Marcia L. Fudge, Tony Ca´ rdenas, Joseph with the President signing a dramatic After a decade of working for the H. Crowley, Marcy Kaptur, Alan Lowenthal, expansion of the global gag rule imme- Rules Committee, Adam is beginning a Bill Pascrell, Jr., Albio Sires, Eric Swalwell, diately after taking office, have new chapter on a different committee Joyce Beatty, Ron Kind, Pete Visclosky, brought millions of people pouring into in the House of Representatives. His Cedric L. Richmond, Al Green, Darren Soto, knowledge and guidance these last Juan Vargas, Mike Doyle, Bradley S. Schnei- the streets in protest. During the National Women’s March, years have been immeasurable. der, Donald S. Beyer, Jr., Raul Ruiz, Eliza- During his time here, he has married beth H. Esty. millions of people marched all across Salud Carbajal, Robert A. Brady, Derek the country and even around the globe his wife, Erika, who is beautiful and Kilmer, Gregory W. Meeks, Emanuel to defend women’s rights. These talented, and became a father to his Cleaver, Theodore E. Deutch, Mike Thomp- marches were likely the largest day of daughter, Ariel, who was singing songs son, Hakeem Jeffries, Adriano Espaillat, protests in American history. More with her mother at the age of 3 David N. Cicilline, Tim Ryan, Val Butler than half a million people took to the months. That is a precocious child. Demings, Adam B. Schiff, Brad Sherman, streets right here in the Nation’s Cap- Adam has played a key role as this Rosa DeLauro, Bonnie Watson Coleman, Jim committee brought landmark legisla- Himes, Donald Norcross, Michelle Lujan ital. They were peaceful, without a sin- Grisham, Matt Cartwright. gle arrest reported anywhere in the tion to the floor of the House, includ- John Conyers, Jr., Gerald E. Connolly, country. ing Dodd-Frank, the Affordable Care Debbie Dingell, David Loebsack, Stephen F. Far from respecting those rights, the Act, and legislation to raise the Fed- Lynch, Keith Ellison, Mark DeSaulnier, majority is today considering a meas- eral minimum wage.

VerDate Sep 11 2014 05:27 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.012 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1196 CONGRESSIONAL RECORD — HOUSE February 15, 2017 The committee wouldn’t have been as en’s health care instead of investing in hunting methods common practice in effective without Adam’s counsel, and Big Abortion. Alaska. he will be greatly missed. I wish him States should be able to choose to They are inhumane methods, such as nothing but the best in his new endeav- prioritize family planning funds to denning of wolves and their pups, using or. health clinics that offer a full range of airplanes to scout and shoot grizzly Mr. Speaker, I reserve the balance of healthcare services, including family bears, and trapping grizzly bears with my time. planning, but do not participate in steel-jawed traps. These cruel methods Mr. BURGESS. Mr. Speaker, I re- abortion. should never be allowed anywhere. This serve the balance of my time. States can fully support family plan- resolution is irresponsible and inhu- Ms. SLAUGHTER. Mr. Speaker, I ning and other health services without mane. yield 2 minutes to the gentlewoman funding abortion providers like As with other Congressional Review from Connecticut (Ms. DELAURO). Planned Parenthood. Planned Parent- Act resolutions, H.J. Res. 69 will have a Ms. DELAURO. Mr. Speaker, I rise in hood only comprises 13 percent of ap- chilling effect. This and future admin- strong opposition to this rule, which proximately 4,100 title X service sites. istrations would be prohibited from would enable States to discriminate Redirecting funds away from abor- ever issuing a similar rule, making in- against healthcare providers and deny tion providers does not reduce funds for humane and reprehensible hunting women access to critical healthcare the title X program. When States set methods the law of the land. services. criteria that eliminates abortion pro- This resolution handcuffs our Federal wildlife managers from protecting our This rule would put the only Federal viders from title X distributions, those refuges, our national resources, and program exclusively dedicated to fam- funds are then directed to other clinics. our wildlife. We must ensure that our ily planning and reproductive health Eighty-seven percent of current title children and grandchildren will some- services in jeopardy. It reverses the X service sites are comprised of local day enjoy the majestic national beauty Health and Human Services title X rule health departments, local hospitals, of the native mammals in Alaska and prohibiting discrimination against and Federally qualified health centers. across our great Nation. title X healthcare providers. It would Mr. Speaker, I reserve the balance of I urge my colleagues to reject this have devastating healthcare con- my time. rule and also vote ‘‘no’’ on H.J. Res. 69. sequences. Ms. SLAUGHTER. Mr. Speaker, I Mr. BURGESS. Mr. Speaker, I yield In 2015, 88 percent of patients at title yield myself 11⁄2 minutes. myself 2 minutes. X clinics received subsidized or no- Mr. Speaker, I think I need to make Mr. Speaker, I reference a letter that charge care, and many of these clinics this point one more time. I really be- was sent to Speaker PAUL RYAN and provide primary health care in addition lieve that everybody in this House un- Majority Leader KEVIN MCCARTHY by a to family planning services. This could derstands that not a dime of Federal number of sports-related organizations. upend public health networks in com- money is used for abortions. It never They say: ‘‘We write representing or- munities across the country. has been, never will. There is meticu- ganizations that collectively include Supporters of this amendment claim lous care taken by Planned Parenthood millions of wildlife conservationists that other health providers can absorb to separate those funds. They have . . . wildlife enthusiasts, and wildlife the clients who would lose access to never been questioned in any way by scientists, in strong support of H.J. their title X clinics. This is false. Com- the IRS as to how those funds are being Res. 49 from Cong. YOUNG of Alaska. munity healthcare centers have said used. . . . Our community exhausted all Ex- that they do not have the capacity, and I am sick and tired of everybody say- ecutive Branch appeals and remedies they are often not located near these ing you can’t give anything to Planned urging the FWS to slow down the Pro- patients. Parenthood. The money that goes to posed Rule, and revise it to reflect a We need to protect these healthcare Planned Parenthood from this Federal proposal mutually agreed to by the providers. We need to uphold our re- Government goes to reimburse for serv- State of Alaska and the FWS; all to no sponsibility to the American people to ices rendered for the things I had end. It is time for Congress to nullify provide critical services to those who talked about before: cervical cancer this final rule.’’ need them. I cannot and will not sup- tests, cancer tests of all sorts, and They go on to say: ‘‘This final rule port this rule or this resolution. It is health care that they cannot get any- boldly preempts the authority of the detrimental to women’s health in this where else, such as screening for STDs. Alaska Department of Fish and Game country. That is totally separate. to manage wildlife for both rec- Mr. BURGESS. Mr. Speaker, I yield Yet, that fable that Federal money is reational and subsistence hunting on myself 3 minutes. used for abortions if you fund Planned NWRs, which authority of the state is Mr. Speaker, I do want to point out Parenthood is totally false. I think it affirmed by Congress in the Alaska that H.J. Res. 43 would repeal the is time that grownups that can read in Statehood Act, the Alaska National In- Obama administration’s rule and allow the House of Representatives do away terests Land Conservation Act, and the National Wildlife Refuge System Im- States to enjoy the freedom and flexi- with that notion. bility to distribute title X grant money Mr. Speaker, I yield 2 minutes to the provement Act. The FWS final rule was premised on a meeting as a priority the in a way that serves the needs of their gentleman from California (Mr. FWS policy on Biological Integrity, Di- constituents. CA´ RDENAS). Just in the way of background, De- Mr. CA´ RDENAS. Mr. Speaker, I rise versity and Environmental Health. . . . Many members of our organizations cember 16, 2016, the Obama administra- today to speak against this rule and enjoy Alaska’s bounty of fish and wild- tion finalized a rule that prevents H.J. Res. 69, which we will be debating life resources and their habitats for States from eliminating abortion pro- tomorrow. unrivaled hunting, fishing and outdoor viders from title X grant distributions. Last year, the U.S. Fish and Wildlife experiences. The sustainable manage- Title X is a family planning program Service updated its regulations for na- ment of these natural resources needs authorized in 1970, and was intended to tional wildlife refuges in Alaska to pro- to be led by the State working in co- provide family planning services to hibit the cruelest killing methods of operation with the FWS. We urge that low-income women. The Obama rule wolves, grizzly bears, and other native you favorably consider H.J. Res. 49 was widely perceived as an attempt by mammals in Alaska. which will restore the jurisdictional the Obama administration to require The rule FWS put forward makes state-federal relationship as Congress States to fund Planned Parenthood, sense. It even makes clear that it does has previously directed.’’ the Nation’s largest abortion business. not apply to subsistence hunting or re- Mr. Speaker, I reserve the balance of Prior to the Obama administration’s strict the taking of wildlife for public my time. rule, States were free to direct their safety purposes or in defense of prop- title X funds to healthcare providers erty. Yet, here we are, just 6 months b 1245 that did not participate in abortion. later, and Republicans are pushing Ms. SLAUGHTER. Mr. Speaker, I When States had this freedom, they through this resolution to overturn the yield 2 minutes to the gentleman from were able to choose to invest in wom- rule and make egregious and cruel California (Mr. PANETTA).

VerDate Sep 11 2014 02:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.018 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1197 Mr. PANETTA. Mr. Speaker, I rise ents in need of publicly funded family plan- a formal comment. We look forward to a de- today to speak against restricting the ning services served, and the availability of tailed response from your Department. family planning services that are pro- preconception care—distinguish providers Sincerely, vided by title X. with a reproductive health focus as more ‘‘ef- JONI K. ERNST, fective’’ and ‘‘high quality’’ than other types United States Senator. Just prior to signing title X into law, of providers. However, that list of factors DIANE BLACK, back in 1970, President Richard Nixon falls far short of all of the attributes and rec- United States Con- recognized how essential family plan- ommendations included in the Centers for gressman. ning was to public health. He actually Disease Control and Office of Population Af- Senators Roy Blunt (R–MO), John Booz- sent a message to Congress telling fairs report entitled ‘‘Providing Quality man (R–AR), Bill Cassidy (R–LA), Mike them, ‘‘no American woman should be Family Planning Services: Recommenda- Crapo (R–ID), Ted Cruz (R–TX), Steve Daines denied access to family planning as- tions of CDC and the US Office of Population (R–MT), Mike Enzi (R–WY), Deb Fischer (R– NE), James Inhofe (R–OK), James Lankford sistance because of her economic con- Affairs.’’ To further complicate the argument about (R–OK), Mike Lee (R–UT), Jerry Moran (R– dition.’’ Last year, Mr. Speaker, Presi- KS), Jim Risch (R–ID), Pat Roberts (R–KS), quality and effectiveness, the data cited in dent Obama reaffirmed that sentiment Marco Rubio (R–FL), Ben Sasse (R–NE), Tim the notice of proposed rulemaking is not ade- by making family planning services a Scott (R–SC), David Vitter (R–LA). quate for determining patient outcomes. The In addition, Congressman Robert Aderholt part of basic health care, regardless of Department relies heavily on utilization and where one lives. Although Presidents (R–AL), Rick Allen (R–GA), Brian Babin (R– demographic statistics, but appears to lack TX), Lou Barletta (R–PA), Andy Barr (R– Nixon and Obama couldn’t be more di- hard data regarding actual patient outcomes KY), Gus Bilirakis (R–FL), Marsha Black- vided in their politics, even they were and need, as the Department does not re- burn (R–TN), Charles Boustany, Jr. (R–LA), united behind title X. I believe this is quire grantees to track patients or verify Kevin Brady (R–TX), Michael Burgess (R– understandable, considering how title their income. As you know, the issue of inad- TX), Earl ‘‘Buddy’’ Carter (R–GA), Tom Cole X ensures basic preventive health care equate data has previously been raised by (R–OK), Chris Collins (R–NY), Doug Collins the Institute of Medicine (IOM), after the and family planning services for 4 mil- (R–GA), Mike Conaway (R–TX), Ron HHS Office of Family Planning in 2007 asked DeSantis (R–FL), Scott DesJarlais (R–TN), lion low-income people every year. IOM to provide a critical review of the Title In my district, title X family plan- Jeff Duncan (R–SC), John Duncan, Jr. (R– X Family Planning Program. In addition to TN). ning services saves an average of $7 on finding ‘‘no clear, evidence-based process for Stephen Fincher (R–TN), Chuck Medicaid-related costs for every dollar establishing or revising program priorities Fleischmann (R–TN), John Fleming, (R–LA), of Federal investment. That means and guidelines,’’ IOM stated the following in Bill Flores (R–TX), Jeff Fortenberry (R–NE), that clinics in my district, like Mar its May 2009 Report Brief: Virginia Foxx (R–NC), Trent Franks (R–AZ), Monte, are able to help more women ‘‘The committee concludes that the pro- Bob Gibbs (R–OH), Louie Gohmert (R–TX), and men receive a full range of gram does not collect all the data needed to Paul Gosar (R–AZ), Trey Gowdy (R–SC), Tom healthcare services. monitor and evaluate its impact. Therefore, Graves (R–GA), Glenn Grothman (R–WI), the committee proposes a comprehensive Rather than restricting family plan- Andy Harris (R–MD), Vicky Hartzler (R–MO), framework to evaluate the program and as- Jeb Hensarling (R–TX), Jody Hice (R–GA), ning clinics, we should be promoting, sess how well clinics meet the family plan- Tim Huelskamp (R–KS), Bill Huizenga (R– we should be protecting, and we should ning needs of the program’s clients. The MI), Randy Hultgren (R–IL), Lynn Jenkins be preserving access to those vital committee concludes that additional data (R–KS). services, especially for those families will be needed in the areas of client needs, Bill Johnson (R–OH), Sam Johnson (R–TX), that value and need it most. structure, process, and outcomes in order to Walter Jones (R–NC), Mike Kelly (R–PA), Mr. BURGESS. Mr. Speaker, I in- assess the program’s overall progress.’’ Trent Kelly (R–MS), Steve King (R–IA), Doug LaMalfa (R–CA), Doug Lamborn (R–CO), clude in the RECORD a letter written to We welcome evidence that this rec- Robert E. Latta (R–OH), Daniel Lipinski (D– the Honorable Sylvia Mathews Burwell ommendation has been fully adopted, but are unaware of any clear evidence confirming IL), Barry Loudermilk (R–GA), Mia Love (R– signed by 110 Members of the House UT), Blaine Luetkemeyer (R–MO), Kenny and Senate to express strong opposi- that to be the case. If HHS cannot clearly de- fine an ‘‘effective’’ or ‘‘high quality’’ pro- Marchant (R–TX), Cathy McMorris Rodgers tion to the Department of Health and vider, it is unclear to us how state and local (R–WA), Rep. Mark Meadows (R–NC), John Human Services’ September 7, 2016, no- project grantees are supposed to do so in Moolenaar (R–MI), Markwayne Mullin (R– tice of proposed rulemaking titled order to comply with this proposed rule. It is OK), Randy Neugebauer (R–TX), Pete Olson ‘‘Compliance with Title X Require- also therefore unclear how HHS will be able (R–TX). ments by Project Recipients in Select- to accurately determine in every case wheth- Steven Palazzo (R–MS), Gary Palmer (AL), Steve Pearce (R–NM), Collin Peterson (D– ing Subrecipients.’’ er state or local project recipients—who are generally closer to and more familiar with MN), Robert Pittenger (R–NC), Joe Pitts (R– CONGRESS OF THE UNITED STATES, subrecipients and the patient base in their PA), Ted Poe (R–TX), Bill Posey (R–FL), Washington, DC, September 23, 2016. geographical region—have considered inap- Tom Price (R–GA), John Ratcliffe (R–TX), Hon. SYLVIA MATHEWS BURWELL, propriate criteria in evaluating subrecipi- Martha Roby (R–AL), Phil Roe (R–TN), Dana Secretary, Department of Health and Human ents. Rarely do the American people benefit Rohrabacher (R–CA), Peter Roskam (R–IL), Services, Washington, DC. when the federal government attempts to Keith Rothfus (R–PA), David Rouzer (R–NC), DEAR SECRETARY BURWELL, We write to ex- substitute its judgment for that of state or Steve Scalise (R–LA), Austin Scott (R–GA). press our strong opposition to the Depart- James Sensenbrenner, Jr. (R–WI), Pete local governments—particularly when the ment of Health and Human Services (HHS) Sessions (R–TX), John Shimkus (R–IL), Adri- criteria used to inform that judgment are September 7, 2016, notice of proposed rule- an Smith (R–NE), Chris Smith (R–NJ), Ann unclear, and that judgment is not supported making titled ‘‘Compliance with Title X Re- Wagner (R–MO), Tim Walberg (R–MI), Randy by coherent and impartial facts. quirements by Project Recipients in Select- Weber (R–TX), Brad Wenstrup (R–OH), Joe ing Subrecipients.’’ Although we appreciate Finally, if HHS is going to assert the au- Wilson (R–SC), Kevin Yoder (R–KS), and Ted the Department’s intent to follow proper thority to adapt its rules in order to address Yoho (R–FL). changing circumstances, we implore HHS to regulatory procedure pursuant to the Admin- Mr. BURGESS. Mr. Speaker, I re- istrative Procedure Act, HHS’s purpose for consider the recent general shift in health care policy toward comprehensive care. As serve the balance of my time. engaging in the rulemaking appears on its Ms. SLAUGHTER. I yield myself the face to be an attempt to subvert the will of HHS states on its website, in addition to as- elected representatives. sisting individuals and couples in planning balance of my time to close. Moreover, apart from the Department’s and spacing births, part of the mission of Mr. Speaker, we are deeply concerned impetus for the notice of proposed rule- Title X is to contribute to ‘‘improved health by reports from our intelligence com- making, we also question whether the De- for women and infants.’’ HHS’s suggestion munity regarding the foreign inter- partment’s stated rationale adequately sup- that subrecipients like federally qualified ference in our most recent election. ports its conclusion that providers with a re- health centers—which provide greater pre- The fears have only been compounded productive health focus are more ‘‘effective’’ ventive and primary health care services by the troubling revelations published than other health providers that offer com- than providers with a reproductive health focus—are per se less ‘‘effective’’ than pro- in The New York Times last night that prehensive care for women and men. No- members of the Trump campaign had where in the proposed notice of rulemaking viders with a reproductive health focus does does HHS clearly define what it means to not comport with that stated mission. been in frequent contact with Russian provide Title X services in an ‘‘effective’’ We urge HHS to reconsider this over- intelligence officials during that cam- manner. It does appear to assert that a num- reaching and ill-supported rule. We will con- paign. ber of factors—such as the range of contra- tinue to closely monitor this proposed rule- Mr. Speaker, the future of our de- ceptive methods on-site, the number of cli- making, and intend to submit this letter as mocracy is at stake. We are seeing the

VerDate Sep 11 2014 02:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.021 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1198 CONGRESSIONAL RECORD — HOUSE February 15, 2017 same kinds of things that have hap- gentlewoman from North Carolina (Ms. The material previously referred to pened all over Europe, as governments FOXX). by Ms. SLAUGHTER is as follows: have been changing away from democ- Ms. FOXX. Mr. Speaker, in a time AN AMENDMENT TO H. RES. 123 OFFERED BY racies. It is at stake here, and it is when so many Americans are looking MS. SLAUGHTER time this Republican-controlled Con- for ideas and policies we can unite At the end of the resolution, add the fol- gress does its job and gets to the bot- around, one point of agreement stands lowing new sections: tom of this. out. There is strong consensus among SEC. 4. Immediately upon adoption of this Mr. Speaker, if we defeat the pre- Americans that they do not want their resolution the Speaker shall, pursuant to taxpayer dollars being used to fund clause 2(b) of rule XVIII, declare the House vious question, I will offer an amend- resolved into the Committee of the Whole ment to the rule to bring up Represent- abortions. A Marist poll released in House on the state of the Union for consider- ative SWALWELL’s and Representative January revealed that 61 percent of ation of the bill (H.R. 356) to establish the CUMMINGS’ bill which would create a bi- Americans feel this way. National Commission on Foreign Inter- partisan commission to investigate for- States have always had the freedom ference in the 2016 Election. The first reading eign interference in our 2016 election. to direct funds away from abortion pro- of the bill shall be dispensed with. All points Mr. Speaker, I ask unanimous con- viders, such as the Nation’s largest of order against consideration of the bill are waived. General debate shall be confined to sent to insert the text of my amend- abortion provider, Planned Parent- hood, and there are many reasons the bill and shall not exceed one hour equal- ment in the RECORD, along with extra- ly divided and controlled by the chair and neous material, immediately prior to States may wish to do so. The most im- ranking minority member of the Committee the vote on the previous question. portant reason, one that we should all on Foreign Affairs. After general debate the The SPEAKER pro tempore. Is there carefully consider, is that abortion is bill shall be considered for amendment under objection to the request of the gentle- not health care. Abortion takes the the five-minute rule. All points of order woman from New York? lives of unborn children and hurts against provisions in the bill are waived. At There was no objection. women. Many States have recognized the conclusion of consideration of the bill for Ms. SLAUGHTER. Mr. Speaker, I re- this tragic reality and, as a result, amendment the Committee shall rise and re- have chosen to award funds to health port the bill to the House with such amend- cently had the privilege of meeting ments as may have been adopted. The pre- hundreds of constituents who traveled clinics and organizations that do not vious question shall be considered as ordered from Rochester, New York, to Wash- provide abortions. on the bill and amendments thereto to final ington, D.C., for the Women’s March on But in December, the Obama admin- passage without intervening motion except Washington. Some of them came with istration issued a regulation that one motion to recommit with or without in- three generations, and it was most im- forces many States to drastically alter structions. If the Committee of the Whole pressive, but it is troubling to me that their previous course of action. The rises and reports that it has come to no reso- regulation requires States to include lution on the bill, then on the next legisla- we are fighting many of the same bat- tive day the House shall, immediately after tles that were fought and won genera- abortion providers as recipients of title X grant distributions. Not only does the third daily order of business under clause tions ago. 1 of rule XIV, resolve into the Committee of The unprecedented marches and ral- this regulation ignore the American the Whole for further consideration of the lies that have been happening are nec- people’s wish that their tax dollars be bill. essary because of efforts like this to directed away from abortion providers, SEC. 5. Clause 1(c) of rule XIX shall not continually chip away at women’s it also denies States the flexibility to apply to the consideration of H.R. 356. healthcare rights. The sad reality is choose to allocate title X funds in a way that meets the needs of their citi- THE VOTE ON THE PREVIOUS QUESTION: WHAT that politicians have always worked to IT REALLY MEANS put up new roadblocks between women zens. H.J. Res. 43 disapproves of this unac- This vote, the vote on whether to order the and their health care. It has always previous question on a special rule, is not ceptable regulation, allowing States to been my personal belief that when merely a procedural vote. A vote against or- return to the status quo under which faced with a decision that needs to be dering the previous question is a vote they were operating prior to the rule’s made about a pregnancy, a woman against the Republican majority agenda and issuance. If States wish to disburse a vote to allow the Democratic minority to should consult whomever she chooses— title X funds away from abortion pro- offer an alternative plan. It is a vote about certainly her husband, her spiritual ad- viders, that wish should be respected. what the House should be debating. viser, her medical adviser, but no one For these reasons, I urge my colleagues Mr. Clarence Cannon’s Precedents of the House of Representatives (VI, 308–311), de- wants to wait in the room until a to vote in favor of this rule and H.J. Congressperson gets there to make the scribes the vote on the previous question on Res. 43. the rule as ‘‘a motion to direct or control the final decision. We are going way be- Mr. BURGESS. I yield myself such yond our depth to try to make that de- consideration of the subject before the House time as I may consume. being made by the Member in charge.’’ To cision for persons. The government Mr. Speaker, today’s rule provides defeat the previous question is to give the should not be in the business of doing for the consideration of two critical opposition a chance to decide the subject be- that. The majority has made attacking Congressional Review Act resolutions fore the House. Cannon cites the Speaker’s women’s constitutional rights the first to repeal burdensome Federal regula- ruling of January 13, 1920, to the effect that order of business this year, working tions dropped on the doorstep of the ‘‘the refusal of the House to sustain the de- alongside our new President, and it is American people in the waning hours mand for the previous question passes the shameful. control of the resolution to the opposition’’ of the Obama administration. The rules in order to offer an amendment. On March Lastly, Mr. Speaker, the other meas- the House will be voting to repeal 15, 1909, a member of the majority party of- ure before us today would repeal the today would infringe upon states’ fered a rule resolution. The House defeated Alaska predator rule which protects rights to govern themselves within the previous question and a member of the the interests of all Americans in na- their own borders and would impose opposition rose to a parliamentary inquiry, tional wildlife refuges while banning new Federal requirements and over- asking who was entitled to recognition. some of the most inhumane tactics for sight in contravention of the 10th Speaker Joseph G. Cannon (R–Illinois) said: killing, like killing black bears from Amendment. This is why removing ‘‘The previous question having been refused, an airplane and killing coyote pups in the gentleman from New York, Mr. Fitz- these regulations is critical. It is crit- gerald, who had asked the gentleman to their dens. We should be listening to ical to maintaining the proper State- yield to him for an amendment, is entitled to scientists who study and understand Federal balance that our Founding Fa- the first recognition.’’ these species, not an ideological minor- thers so carefully crafted in our Con- The Republican majority may say ‘‘the ity that sees every animal with teeth stitution. vote on the previous question is simply a as a threat to civilization and a poten- I thank Representative DIANE BLACK vote on whether to proceed to an immediate vote on adopting the resolution . . . and] has tial addition to their trophy hunting and Representative DON YOUNG for no substantive legislative or policy implica- collection. their work on these pieces of legisla- tions whatsoever.’’ But that is not what they Mr. Speaker, I yield back the balance tion to protect states’ rights. I urge my have always said. Listen to the Republican of my time. colleagues to vote ‘‘yes’’ on the rule Leadership Manual on the Legislative Proc- Mr. BURGESS. Mr. Speaker, I yield and ‘‘yes’’ on the two underlying reso- ess in the United States House of Represent- such time as she may consume to the lutions. atives, (6th edition, page 135). Here’s how the

VerDate Sep 11 2014 02:36 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.022 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1199 Republicans describe the previous question Griffith Marshall Russell Pelosi Sarbanes Thompson (CA) vote in their own manual: ‘‘Although it is Grothman Massie Rutherford Perlmutter Schakowsky Thompson (MS) generally not possible to amend the rule be- Guthrie Mast Sanford Peters Schiff Titus Peterson Schneider Tonko cause the majority Member controlling the Harper McCarthy Scalise Harris McCaul Pingree Schrader Torres time will not yield for the purpose of offering Schweikert Hartzler McClintock Scott, Austin Pocan Scott (VA) Tsongas an amendment, the same result may be Hensarling McHenry Sensenbrenner Polis Scott, David Vargas achieved by voting down the previous ques- Herrera Beutler McKinley Sessions Price (NC) Serrano Veasey tion on the rule . . . When the motion for the Hice, Jody B. McMorris Shimkus Quigley Sewell (AL) Vela ´ previous question is defeated, control of the Higgins (LA) Rodgers Shuster Raskin Shea-Porter Velazquez Rice (NY) Sherman time passes to the Member who led the oppo- Hill McSally Simpson Visclosky Richmond Sinema Walz sition to ordering the previous question. Holding Meadows Smith (MO) Hollingsworth Meehan Rosen Sires Wasserman Smith (NE) That Member, because he then controls the Hudson Messer Roybal-Allard Slaughter Schultz Smith (NJ) time, may offer an amendment to the rule, Huizenga Mitchell Ruiz Smith (WA) Waters, Maxine Smith (TX) or yield for the purpose of amendment.’’ Hultgren Moolenaar Ruppersberger Speier Watson Coleman In Deschler’s Procedure in the U.S. House Hunter Mooney (WV) Smucker Rush Suozzi Welch Stefanik of Representatives, the subchapter titled Hurd Mullin Ryan (OH) Swalwell (CA) Wilson (FL) Issa Murphy (PA) Stewart Sa´ nchez Takano Yarmuth ‘‘Amending Special Rules’’ states: ‘‘a refusal Stivers to order the previous question on such a rule Jenkins (KS) Newhouse Jenkins (WV) Noem Taylor NOT VOTING—8 [a special rule reported from the Committee Johnson (LA) Nunes Tenney Carter (GA) Mulvaney Soto on Rules] opens the resolution to amend- Johnson (OH) Olson Thompson (PA) Cummings Payne Zinke ment and further debate.’’ (Chapter 21, sec- Johnson, Sam Palazzo Thornberry Davis, Rodney Poe (TX) tion 21.2) Section 21.3 continues: ‘‘Upon re- Jones Palmer Tiberi jection of the motion for the previous ques- Jordan Paulsen Tipton b 1318 tion on a resolution reported from the Com- Joyce (OH) Pearce Trott mittee on Rules, control shifts to the Mem- Katko Perry Turner So the previous question was ordered. Kelly (MS) Pittenger Upton ber leading the opposition to the previous The result of the vote was announced Kelly (PA) Poliquin Valadao question, who may offer a proper amendment King (IA) Posey Wagner as above recorded. or motion and who controls the time for de- King (NY) Ratcliffe Walberg Stated for: bate thereon.’’ Kinzinger Reed Walden Mr. RODNEY DAVIS of Illinois. Mr. Speak- Knight Reichert Clearly, the vote on the previous question Walker er, I was unavoidably detained. Had I been on a rule does have substantive policy impli- Kustoff (TN) Renacci Walorski cations. It is one of the only available tools Labrador Rice (SC) Walters, Mimi present, I would have voted ‘‘yea’’ on rollcall LaHood Roby Weber (TX) No. 93. for those who oppose the Republican major- LaMalfa Roe (TN) Webster (FL) Stated against: ity’s agenda and allows those with alter- Lamborn Rogers (AL) Wenstrup native views the opportunity to offer an al- Lance Rogers (KY) Mr. SOTO. Mr. Speaker, I was unavoidably ternative plan. Latta Rohrabacher Westerman Williams detained. Had I been present, I would have Lewis (MN) Rokita voted ‘‘nay’’ on rollcall No. 93. Mr. BURGESS. Mr. Speaker, I yield LoBiondo Rooney, Francis Wilson (SC) back the balance of my time, and I Long Rooney, Thomas Wittman The SPEAKER pro tempore (Mr. COL- move the previous question on the res- Loudermilk J. Womack LINS of New York). The question is on Love Ros-Lehtinen Woodall the resolution. olution. Yoder Lucas Roskam The question was taken; and the The SPEAKER pro tempore. The Luetkemeyer Ross Yoho question is on ordering the previous MacArthur Rothfus Young (AK) Speaker pro tempore announced that question. Marchant Rouzer Young (IA) the ayes appeared to have it. The question was taken; and the Marino Royce (CA) Zeldin Ms. SLAUGHTER. Mr. Speaker, on Speaker pro tempore announced that NAYS—190 that I demand the yeas and nays. The yeas and nays were ordered. the ayes appeared to have it. Adams Delaney Kildee Ms. SLAUGHTER. Mr. Speaker, on Aguilar DeLauro Kilmer The SPEAKER pro tempore. This is a that I demand the yeas and nays. Barraga´ n DelBene Kind 5-minute vote. The yeas and nays were ordered. Bass Demings Krishnamoorthi The vote was taken by electronic de- Beatty DeSaulnier Kuster (NH) vice, and there were—yeas 233, nays The SPEAKER pro tempore. Pursu- Bera Deutch Langevin ant to clause 9 of rule XX, the Chair Beyer Dingell Larsen (WA) 188, not voting 10, as follows: will reduce to 5 minutes the minimum Bishop (GA) Doggett Larson (CT) [Roll No. 94] Blumenauer Doyle, Michael Lawrence time of any electronic vote on the Blunt Rochester F. Lawson (FL) YEAS—233 question of adoption of the resolution. Bonamici Ellison Lee Abraham Cheney Frelinghuysen The vote was taken by electronic de- Boyle, Brendan Engel Levin Aderholt Coffman Gaetz vice, and there were—yeas 233, nays F. Eshoo Lewis (GA) Allen Cole Gallagher Brady (PA) Espaillat Lieu, Ted Amash Collins (GA) Garrett 190, not voting 8, as follows: Brown (MD) Esty Lipinski Amodei Collins (NY) Gibbs [Roll No. 93] Brownley (CA) Evans Loebsack Arrington Comer Gohmert Bustos Foster Lofgren Babin Comstock Goodlatte YEAS—233 Butterfield Frankel (FL) Lowenthal Bacon Conaway Gosar Abraham Bucshon Donovan Capuano Fudge Lowey Banks (IN) Cook Gowdy Aderholt Budd Duffy Carbajal Gabbard Lujan Grisham, Barletta Costello (PA) Granger Allen Burgess Duncan (SC) Ca´ rdenas Gallego M. Barr Cramer Graves (GA) Amash Byrne Duncan (TN) Carson (IN) Garamendi Luja´ n, Ben Ray Barton Crawford Graves (LA) Amodei Calvert Dunn Cartwright Gonzalez (TX) Lynch Bergman Culberson Graves (MO) Arrington Carter (TX) Emmer Castor (FL) Gottheimer Maloney, Biggs Curbelo (FL) Griffith Babin Chabot Farenthold Castro (TX) Green, Al Carolyn B. Bilirakis Davidson Grothman Bacon Chaffetz Faso Chu, Judy Green, Gene Maloney, Sean Bishop (MI) Davis, Rodney Guthrie Banks (IN) Cheney Ferguson Cicilline Grijalva Matsui Bishop (UT) Denham Harper Barletta Coffman Fitzpatrick Clark (MA) Gutie´rrez McCollum Black Dent Harris Barr Cole Fleischmann Clarke (NY) Hanabusa McEachin Blackburn DeSantis Hartzler Barton Collins (GA) Flores Clay Hastings McGovern Blum DesJarlais Hensarling Bergman Collins (NY) Fortenberry Cleaver Heck McNerney Bost Diaz-Balart Herrera Beutler Biggs Comer Foxx Clyburn Higgins (NY) Meeks Brady (TX) Donovan Hice, Jody B. Bilirakis Comstock Franks (AZ) Cohen Himes Meng Brat Duffy Higgins (LA) Bishop (MI) Conaway Frelinghuysen Connolly Hoyer Moore Bridenstine Duncan (SC) Hill Bishop (UT) Cook Gaetz Conyers Huffman Moulton Brooks (AL) Duncan (TN) Holding Black Costello (PA) Gallagher Cooper Jackson Lee Murphy (FL) Brooks (IN) Dunn Hollingsworth Blackburn Cramer Garrett Correa Jayapal Nadler Buchanan Emmer Hudson Blum Crawford Gibbs Costa Jeffries Napolitano Buck Farenthold Huizenga Bost Culberson Gohmert Courtney Johnson (GA) Neal Bucshon Faso Hultgren Brady (TX) Curbelo (FL) Goodlatte Crist Johnson, E. B. Nolan Budd Ferguson Hunter Brat Davidson Gosar Crowley Kaptur Norcross Burgess Fitzpatrick Hurd Bridenstine Denham Gowdy Cuellar Keating O’Halleran Byrne Fleischmann Issa Brooks (AL) Dent Granger Davis (CA) Kelly (IL) O’Rourke Calvert Flores Jenkins (KS) Brooks (IN) DeSantis Graves (GA) Davis, Danny Kennedy Pallone Carter (TX) Fortenberry Jenkins (WV) Buchanan DesJarlais Graves (LA) DeFazio Khanna Panetta Chabot Foxx Johnson (LA) Buck Diaz-Balart Graves (MO) DeGette Kihuen Pascrell Chaffetz Franks (AZ) Johnson (OH)

VerDate Sep 11 2014 02:36 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.005 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1200 CONGRESSIONAL RECORD — HOUSE February 15, 2017 Johnson, Sam Moolenaar Shimkus Scott, David Suozzi Vela´ zquez 2012 Provision on Establishing Appropriate Jones Mooney (WV) Shuster Serrano Swalwell (CA) Visclosky Occupations for Drug Testing of Unemploy- Jordan Mullin Simpson Sewell (AL) Takano Walz ment Compensation Applicants’’ (published Shea-Porter Thompson (CA) Joyce (OH) Murphy (PA) Smith (MO) Wasserman at 81 Fed. Reg. 50298 (August 1, 2016)), and Katko Newhouse Sherman Thompson (MS) Smith (NE) Schultz such rule shall have no force or effect. Kelly (MS) Noem Smith (NJ) Sinema Tonko Waters, Maxine Kelly (PA) Nunes Smith (TX) Sires Torres Watson Coleman The SPEAKER pro tempore. The gen- King (IA) Olson Slaughter Tsongas Smucker Welch RADY Smith (WA) Vargas tleman from Texas (Mr. B ) and King (NY) Palazzo Stefanik Wilson (FL) Kinzinger Palmer Soto Veasey the gentleman from Massachusetts Stewart Yarmuth Knight Paulsen Speier Vela EAL Stivers (Mr. N ) each will control 30 min- Kustoff (TN) Pearce utes. Labrador Perry Taylor NOT VOTING—10 Tenney LaHood Pittenger Blumenauer Mulvaney Titus The Chair recognizes the gentleman Thompson (PA) LaMalfa Poliquin Carter (GA) Payne Zinke from Texas. Thornberry Lamborn Posey Cummings Poe (TX) GENERAL LEAVE Lance Ratcliffe Tiberi Lynch Roskam Latta Reed Tipton Mr. BRADY of Texas. Mr. Speaker, I Lewis (MN) Reichert Trott ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ask unanimous consent that all Mem- LoBiondo Renacci Turner The SPEAKER pro tempore (during bers may have 5 legislative days within Long Rice (SC) Upton the vote). There are 2 minutes remain- which to revise and extend their re- Loudermilk Roby Valadao Love Roe (TN) Wagner ing. marks and include extraneous material Lucas Rogers (AL) Walberg b 1325 on H.J. Res. 42, currently under consid- Luetkemeyer Rogers (KY) Walden eration. MacArthur Rohrabacher Walker So the resolution was agreed to. The SPEAKER pro tempore. Is there Marchant Rokita Walorski The result of the vote was announced Marino Rooney, Francis Walters, Mimi objection to the request of the gen- Marshall Rooney, Thomas as above recorded. Weber (TX) tleman from Texas? Massie J. Webster (FL) A motion to reconsider was laid on Mast Ros-Lehtinen There was no objection. Wenstrup the table. McCarthy Ross Mr. BRADY of Texas. Mr. Speaker, I Westerman McCaul Rothfus f Williams yield myself such time as I may con- McClintock Rouzer sume. McHenry Royce (CA) Wilson (SC) ELECTING MEMBERS TO CERTAIN McKinley Russell Wittman STANDING COMMITTEES OF THE Next Wednesday, February 22, will Womack McMorris Rutherford HOUSE OF REPRESENTATIVES mark 5 years since the Middle Class Rodgers Sanford Woodall Tax Relief and Job Creation Act was Yoder McSally Scalise Mr. CROWLEY. Mr. Speaker, by di- signed into law. This 2012 law has made Meadows Schweikert Yoho rection of the Democratic Caucus, I Meehan Scott, Austin Young (AK) important reforms in the unemploy- Messer Sensenbrenner Young (IA) offer a privileged resolution and ask ment insurance system, improvements Mitchell Sessions Zeldin for its immediate consideration. that were specifically designed to help The Clerk read the resolution, as fol- NAYS—188 more out-of-work Americans success- lows: fully return to the workforce. Adams Doyle, Michael Lofgren H. RES. 127 Aguilar F. Lowenthal b 1330 Barraga´ n Ellison Lowey Resolved, That the following named Mem- Bass Engel Lujan Grisham, bers be and are hereby elected to the fol- This included a key provision which Beatty Eshoo M. lowing standing committees of the House of overturned a 1960s-era ban by the De- Bera Espaillat Luja´ n, Ben Ray Representatives: partment of Labor on drug screening Beyer Esty Maloney, (1) COMMITTEE ON ETHICS.—Mr. Cohen. Evans Carolyn B. and testing of unemployment insur- Bishop (GA) (2) COMMITTEE ON OVERSIGHT AND GOVERN- Foster Maloney, Sean ance applicants. Blunt Rochester MENT REFORM.—Mr. Sarbanes. Bonamici Frankel (FL) Matsui Unemployment insurance serves (3) COMMITTEE ON SMALL BUSINESS.—Mr. Boyle, Brendan Fudge McCollum Gabbard McEachin Schneider. those that have lost their jobs through F. no fault of their own. It seeks to pro- Brady (PA) Gallego McGovern The resolution was agreed to. Garamendi McNerney mote swift reemployment through sev- Brown (MD) A motion to reconsider was laid on Brownley (CA) Gonzalez (TX) Meeks eral key requirements. Namely, to be Bustos Gottheimer Meng the table. Green, Al eligible for unemployment insurance Butterfield Moore Green, Gene Moulton f Capuano benefits, applicants must be able to Grijalva Murphy (FL) Carbajal DISAPPROVING RULE SUBMITTED work, available to work, and actively Gutie´rrez Nadler Ca´ rdenas Hanabusa Napolitano BY DEPARTMENT OF LABOR RE- seeking work. So if a worker loses his Carson (IN) Hastings Neal LATING TO DRUG TESTING OF or her job due to drug use, that worker Cartwright Heck Nolan Castor (FL) UNEMPLOYMENT COMPENSATION is not truly able to work. In addition, Higgins (NY) Norcross if a worker cannot take a new job be- Castro (TX) Himes O’Halleran APPLICANTS Chu, Judy Hoyer O’Rourke cause they can’t pass a mandatory Cicilline Mr. BRADY of Texas. Mr. Speaker, Huffman Pallone pursuant to House Resolution 99, I call drug test from their employer, this Clark (MA) Jackson Lee Panetta worker is not truly available to work Clarke (NY) up the joint resolution (H.J. Res. 42) Jayapal Pascrell either. Clay Jeffries Pelosi disapproving the rule submitted by the Cleaver Johnson (GA) Perlmutter Department of Labor relating to drug In recognition of this issue, the 2012 Clyburn Johnson, E. B. Peters Middle Class Tax Relief and Job Cre- Cohen testing of unemployment compensa- Kaptur Peterson ation Act allowed but did not require Connolly Keating Pingree tion applicants, and ask for its imme- Conyers Kelly (IL) Pocan States to drug screen and test certain Cooper diate consideration. Kennedy Polis The Clerk read the title of the joint unemployment applicants, specifically Correa Khanna Price (NC) those seeking a job or an occupation Costa resolution. Kihuen Quigley that regularly required new employees Courtney Kildee Raskin The SPEAKER pro tempore. Pursu- Crist Kilmer Rice (NY) ant to House Resolution 99, the joint to pass a drug test. I was proud to lead Crowley Kind Richmond resolution is considered read. this effort in 2012 because I knew it Cuellar Krishnamoorthi Rosen would have a meaningful impact on the Davis (CA) Kuster (NH) Roybal-Allard The text of the joint resolution is as Davis, Danny Langevin Ruiz follows: lives of many Americans struggling DeFazio Larsen (WA) Ruppersberger with drug use. DeGette Larson (CT) Rush H.J. RES. 42 The goal is simple: get the incentives Delaney Lawrence Ryan (OH) Resolved by the Senate and House of Rep- DeLauro Lawson (FL) Sa´ nchez right in unemployment insurance so resentatives of the United States of America in that Americans can confront and over- DelBene Lee Sarbanes Congress assembled, That Congress dis- Demings Levin Schakowsky approves the rule submitted by the Depart- come these challenges. DeSaulnier Lewis (GA) Schiff With a growing number of employers Deutch Lieu, Ted Schneider ment of Labor relating to ‘‘Federal-State Dingell Lipinski Schrader Unemployment Compensation Program; Mid- now requiring drug tests for new work- Doggett Loebsack Scott (VA) dle Class Tax Relief and Job Creation Act of ers, we wanted to empower these out-

VerDate Sep 11 2014 05:37 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.007 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1201 of-work Americans to be ready to pass authority to undercut the will of Con- To be eligible to collect unemploy- that drug test, take that new job, and gress and the American people. And ment, a worker must have substantial, get back on the path to earning their this eleventh-hour regulation by the recent work experience. He or she must own success. Obama Department of Labor is a prime not have been fired for cause. And My home State of Texas was one of example of just that. workers can only collect unemploy- the first to step up when this provision The debate we are having today is ment insurance if they demonstrate was established by the 2012 law. They not about the merits of drug testing they are actively searching for work. even changed their own laws to get unemployment insurance applicants. Instead, it appears that some States ready. But before this provision could That is now for the States to decide be- may be trying to limit the number of be implemented by States, the law re- cause, in 2012, Congress passed a law workers who collect unemployment in- quired the Department of Labor to providing them—not the Federal Gov- surance when they are laid off as a way issue a regulation defining those occu- ernment—with the ability to do so. to reduce pressure on underfunded un- pations that regularly conduct drug This debate is about placing a check employment trust funds. More than testing. The intent was to match real- and balance on blatant executive over- half of the State unemployment trust world expectations from employers. reach that all but prohibits States funds are still insolvent, years after In a 2012 hearing of the Committee on from moving forward with this reform. the Great Recession. Ways and Means’ Human Resources More importantly, it is about ensuring Dozens of States have changed their Subcommittee, an official from the De- that the will and the intent of this eligibility criteria for unemployment partment of Labor assured us the rule body is upheld. benefits, imposed administrative hur- could be drafted quickly and according In closing, I thank the House for its dles to filing for unemployment, or cut to congressional intent. Well, despite consideration of H.J. Res. 42. I urge all the number of weeks benefits can be re- those assurances, months went by with my colleagues to join me in supporting ceived while individuals search for a no action from the Obama administra- its passage. job. Partly because of those changes, tion. Mr. Speaker, I ask unanimous con- only about one in four unemployed During that time, the Ways and sent that the gentleman from Nebraska workers in the United States receive Means Committee held another hearing (Mr. SMITH) be permitted to control the unemployment benefits, even though on this issue and even sent a letter to remainder of my time. the vast majority of them worked for the Department of Labor in anticipa- The SPEAKER pro tempore. Is there employers who paid unemployment tion of the regulation. We urged them objection to the request of the gen- payroll taxes on their wages. That is to craft the rule broadly, which was tleman from Texas? the lowest level of benefit receipt consistent with what we were hearing There was no objection. among laid-off workers since the Fed- from businesses. Mr. SMITH of Nebraska. Mr. Speak- eral-State unemployment insurance In October of 2014, more than 2 years er, I reserve the balance of my time. program began. after the law was passed, the Depart- Mr. NEAL. Mr. Speaker, I yield my- Instead, we should be here crafting ment issued its proposed rule. Counter self such time as I may consume. bipartisan policies to strengthen unem- to our recommendations, the draft rule Mr. Speaker, I rise in opposition to ployment insurance protections to help was incredibly narrow. So narrow, in H.J. Res. 42, a measure disapproving workers who genuinely want to work fact, that States like Texas would be the rule submitted by the Department to pay their bills while they are look- severely limited in their ability to suc- of Labor regarding drug testing unem- ing for new jobs. I remind our col- cessfully implement an unemployment ployment compensation applicants. leagues to look at the worker partici- insurance drug testing program. This legislation would overturn a De- pation rate, not encouraging States to Again, the Ways and Means Com- partment of Labor regulation which, as create more obstacles. mittee made our concerns known to directed by the Middle Class Tax Relief I hope that both sides of the aisle the Obama administration by submit- and Job Creation Act of 2012, defines will vote ‘‘no’’ on this resolution. ting a public comment on the draft the occupations in which States may Mr. Speaker, I ask unanimous con- rule, calling for significant revisions. require unemployed workers to take sent that the gentleman from Illinois We made clear that the proposed rule drug tests as a condition of collecting (Mr. DANNY K. DAVIS) control the re- did not faithfully adhere to the intent earned unemployment benefits. Con- mainder of my time. of Congress, and these same concerns sistent with the Fourth Amendment, The SPEAKER pro tempore. Is there were also echoed in other public com- which protects us against searches objection to the request of the gen- ments from prominent stakeholders. without reasonable cause, the regula- tleman from Massachusetts? Two more years went by. Meanwhile, tion limits drug testing to occupations There was no objection. Congress continued to press the admin- where drug testing is required, like Mr. DANNY K. DAVIS of Illinois. Mr. istration to revise the rule so it fol- pipeline safety, some transportation Speaker, I reserve the balance of my lowed the intent of the bipartisan law. operators, and jobs that require car- time. That brings us to August of last year, rying a gun. Mr. SMITH of Nebraska. Mr. Speak- when, at long last, the Department of Many communities are facing a ris- er, I yield myself such time as I may Labor published its final rule. And just ing rate of drug use, including my consume. like the proposed rule 2 years earlier, it hometown of Springfield. Congress Mr. Speaker, I rise in support of H.J. ignored the intent of Congress. It dis- could and should do more to help peo- Res. 42 disapproving the rule submitted regarded most of the comments and the ple struggling with addiction, but the by the Department of Labor relating to concerns of stakeholders. Above all, legislation that we are debating today drug testing of unemployment com- the final rule directly undermined the has nothing to do with fighting drug pensation applicants. ability of States to implement this im- abuse. It is about allowing States to The goal of the 2012 bipartisan law portant bipartisan reform that would put one more time-consuming, signed by President Obama in February help unemployed workers in their humiliating obstacle in the way of 2012 is to reassure employers who fund quest to find a good-paying new job. Americans who work hard and were the unemployment compensation sys- So on his way out of office, former laid off from their jobs and need unem- tem that unemployment compensation President Obama flat out refused to ployment insurance to pay the bills claimants reentering the workforce are implement the law he signed in 2012. while they look for new jobs. As a re- truly able and available for work. Instead, he directed the Department of minder, in the aftermath of the reces- When I speak with employers in Ne- Labor to issue a regulation that effec- sion, the unemployment rate in Amer- braska’s Third District, they express a tively blocks States from taking ac- ica went to 10 percent. strong desire to hire individuals in a tion. There is no evidence that unem- way that is beneficial for both the em- Mr. Speaker, the American people ployed workers have higher rates of ployer and the employee. are sick of Washington not keeping its drug abuse than the general popu- According to UWC, the national asso- promises. They are sick of unaccount- lation. In fact, logic suggests that ciation representing businesses in the able Federal bureaucrats abusing their rates of serious drug abuse are lower. areas of unemployment compensation

VerDate Sep 11 2014 02:36 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.031 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1202 CONGRESSIONAL RECORD — HOUSE February 15, 2017 and workers’ compensation: ‘‘The regu- 96 authorized drug testing to the point that The regulations adopted in final form not lations adopted in final form not only a state is, for all practical purposes, pre- only severely limited the circumstances severely limited the circumstances vented from adopting a meaningful drug under which a state may conduct a drug test, under which a state may conduct a testing program for unemployment com- but also unduly limited the types of tests pensation claimants. These regulations are that a state would be permitted to conduct, drug test, but also unduly limited the an exhibit of executive overreach where the the claimants that could be tested, and the types of tests that a state would be U.S. Department of Labor effectively seeks occupations with respect to which tests permitted to conduct. . . .’’ to block the implementation of an Act of could be conducted. States, which are responsible for ad- Congress. A number of states have indicated an in- ministration of the unemployment I thank you for your efforts to restore to terest in enacting legislation consistent with compensation program, are also con- the states their right to enact drug testing federal law to permit drug testing, but the cerned. requirements for unemployment compensa- severe limitations imposed by the regula- Back in 2014, Wisconsin Governor tion claimants. tions have frustrated administration of drug Scott Walker wrote to the Secretary of Sincerely, testing as part of the UI administrative proc- Labor saying: ‘‘Providing States more PETE RICKETTS, ess. Governor. Employers pay the federal and state unem- flexibility in defining occupations that ployment taxes required to fund administra- regularly conduct drug testing not UWC, tion and benefits paid through the Unem- only better serves the public interest, Washington, DC, February 7, 2017. ployment Insurance system. Drug testing of but recognizes the unique labor force Hon. KEVIN BRADY, UI claimants should be permitted as part of and diversity in industry in each Chairman, Committee on Ways and Means, proper administration by states to assure State.’’ House of Representatives, Washington, DC. that only eligible claimants are paid and In recognition of the support we have Hon. RICHARD NEAL, that unemployed workers are able and avail- received from employers who fund the Ranking Member, Committee on Ways and able to work to meet workforce needs of em- system and States which administer it, Means, House of Representatives, Wash- ployers. ington, DC. Thank you for the opportunity to express I include in the RECORD their letters of DEAR CHAIRMAN BRADY AND RANKING MEM- our support for H.J. Res 42. support. BER NEAL: I am writing on behalf of UWC— Sincerely, FEBRUARY 10, 2017. Strategic Services on Unemployment and DOUGLAS J. HOLMES, Hon. KEVIN BRADY, Workers’ Compensation (UWC) in support of President. Chairman, House Ways and Means Committee, Resolution H.J. Res 42 that would disallow Washington, DC. the final regulations posted by the United SECRETARIES’ INNOVATION GROUP, DEAR CHAIRMAN BRADY: We write to you States Department of Labor on August 5, Milwaukee, WI, January 31, 2017. today in support of H.J. Res. 42, your legisla- 2016. KEVIN BRADY, tion that would disapprove of the United UWC is a national association representing Chairman, Committee on Ways and Means, States Department of Labor’s recent regula- business, specifically in the areas of Unem- House of Representatives, Washington DC. tion regarding states’ ability to drug test in- ployment Compensation and Workers’ Com- DEAR CHAIRMAN BRADY: I am writing you dividuals who apply for unemployment in- pensation. UWC members include many For- on the topic of drug screening and testing of surance (UI). tune 500 companies as well as business asso- Unemployment Insurance claimants in my Congress authorized the Labor Department ciations and small businesses impacted by capacity as the Executive Director of the to craft a rule that would provide states the unemployment law and policy. Secretaries’ Innovation Group, after con- option to drug test unemployment insurance The regulations as posted in final form are sultation with Texas Workforce Commission applicants. Unfortunately, the Obama Ad- inconsistent with the intent of Congress in Executive Director Larry Temple and work- ministration drafted the rule too narrowly, enacting the Middle Class Tax Relief and Job force secretary members of SIG on a recent undermining the intent of Congress and per- Creation Act of 2012 and unduly restrict national conference call. As you know, the mitting drug testing in too few instances. state agencies choosing to test applicants for Secretaries’ Innovation Group is a network Drug testing UI applicants can help indi- the use of controlled substances. of state workforce and human service secre- viduals suffering from substance abuse to ac- Drug testing is a critical requirement of taries from states with Republican governors cess necessary care and treatment so they employment in many industries and gen- making up about half of the country. We may re-enter the workforce as healthy and erally in determining whether a prospective meet to exchange state program innovations productive members of society. We believe employee will be able to perform the respon- and opportunities and to press for national this rule should be replaced with a new rule sibilities of work for which the individual policies favoring work, healthy families, fed- that allows increased flexibility for states to has applied. The results of drug tests are also eralism and limited government. implement UI drug testing that best fits the indications of whether an individual is able By way of background, in 2012, the bipar- needs of each state. to work and available to work so as to be eli- tisan Middle Class Tax Relief and Job Cre- Thank you for introducing this important gible to be paid unemployment compensa- ation Act made a number of reforms to the legislation and we look forward to working tion. UI program, including overturning a 1960s- with Congress on this issue going forward. It is a federal statutory requirement of ad- era DOL ban on the screening or testing of Sincerely, ministrative grants to states that as a condi- UI applicants for illegal drugs. The 2012 pro- SCOTT WALKER, tion of being paid unemployment compensa- vision allowed (but did not require) states to Governor of Wis- tion for a week or weeks an individual must test UI applicants who either (1) lost their consin. be able to work, available to work, and ac- job due to drug use, or (2) were seeking a new GARY R. HERBERT, tively seeking work. The additional author- job that generally required new employees to Governor of Utah. ity provided in Section 2105 of the Middle pass a drug test. However, in implementing GREG ABBOTT, Class Tax Relief and Job Creation Act of 2012 this law through regulation, DOL issued an Governor of Texas. permitted states to test for controlled sub- overly prescriptive final regulation making PHIL BRYANT, stances consistent with the able to work and it almost impossible for most states to im- Governor of Mis- available to work requirements that were plement the provision. sissippi. also included in the act. Our SIG state secretaries who run UI, The regulations adopted by the U.S. De- WIOA and welfare to work programs rou- STATE OF NEBRASKA, partment of Labor were so narrowly drawn tinely meet with employers to seek their OFFICE OF THE GOVERNOR, as to severely limit states from electing to input as to what characteristics they require Lincoln, NE, February 14, 2017. provide for drug testing of applicants. By to meet their business needs. By far the most Re H.J. Res. 42—Drug Testing of Unemploy- limiting the time within which a test may be common stated requirements are requests ment Compensation Recipients. conducted to the period between the date of for individuals who are reliable and can pass Hon. ADRIAN SMITH, application and the date at which the appli- a drug test. Therefore it is highly important House of Representatives, cant began to claim a week of unemploy- that states to have the ability and authority Washington, DC. ment compensation, such a test would be to operate drug screening and testing. It is DEAR CONGRESSMAN SMITH: Thank you for less likely to connect a positive drug test also important they have the option to con- being a co-introducer of House Joint Resolu- with a subsequent week of unemployment dition UI benefits on cooperation in such tion 42. The regulations which H.J. Res. 42 compensation that could be claimed up to 52 tests and to mandate treatment, if and when seeks to disapprove greatly exceed the au- weeks after the date of initial application. necessary, on a case by case basis. States do thority granted to the U.S. Department of The effect of such an interpretation is to not have the ability to operate this way Labor under Section 2105 of the Middle Class render a test useless for weeks claimed many under the current restrictive regulation pro- Tax Relief and Job Creation Act of 2012 (P.L. weeks after the individual became unem- mulgated by the Department of Labor. 112–96). ployed and prohibit testing for the weeks of During the national conference call with The U.S. Department of Labor regulations unemployment compensation as they are SIG workforce secretaries to discuss drug effectively limit the application of P.L. 112– claimed. screening and testing which took place on

VerDate Sep 11 2014 05:27 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.032 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1203 January 24th and included TX, AL, AR, ID, not pay for expensive treatment serv- in combination with State-provided KS, ME, MD, MS, NE, NM, NH, NV, ND, OH, ices for those who test positive. More- benefits, saved more than 2 million OK, UT, WI, WY, none of the secretary par- over, workers cannot receive benefits jobs, prevented 1.4 million home fore- ticipants endorsed the DOL rule in question while in treatment because they are closures, and kept an estimated 5 mil- as written. We hope the Congress will take up this not actively seeking work. Thus, they lion Americans out of poverty. In issue and permit states who wish to do so the lose their earned unemployment bene- short, a strong unemployment insur- ability to implement screening and testing fits. ance system helped prevent the Great of UI claimants with the flexibility intended Congress should be helping commu- Recession from turning into another by Congress. nities suffering from high unemploy- Great Depression. Yours truly, ment, addressing persistent long-term Today, our unemployment insurance JASON TURNER, unemployment, aiding workers in up- system is again inadequate and totally Executive Director. grading their skills to get good jobs. unprepared to respond to a future re- Mr. SMITH of Nebraska. Mr. Speak- Congress should be strengthening our cession; and once again, rather than er, as Chairman BRADY highlighted ear- unemployment insurance system to stepping up with solutions, Repub- lier, Members of this body have clearly make sure it is ready to respond in the licans’ answer to working people is a stated their intent time and time again next recession. cold shoulder. Instead of responding to over the last few years through letters, b 1345 the deterioration of our unemployment hearings, public comments, and meet- insurance system, Republicans today ings. Yet, the Department of Labor has We should not encourage States to want to shame and blame Americans continued to push Congress’ concerns waste resources on an unconstitution- who have lost their jobs through no to the side and legislate from the exec- ally-based drug testing requirements fault of their own, while also violating utive branch. for struggling unemployed workers their constitutional rights. Supporting this resolution means who claim benefits. Here are the real problems this legis- supporting the role of Congress to Mr. Speaker, I reserve the balance of lation completely ignores: write laws and for them to be imple- my time. Number one, only one out of every mented as intended. Mr. SMITH of Nebraska. Mr. Speak- four jobless Americans now receives Mr. Speaker, I reserve the balance of er, I yield 2 minutes to the gentle- unemployment benefits, near a record my time. woman from Indiana (Mrs. WALORSKI). all-time low. Mr. DANNY K. DAVIS of Illinois. Mr. Mrs. WALORSKI. Mr. Speaker, I rise Two, eight States have cut back on Speaker, I yield myself such time as I today in strong support of H.J. Res. 42. the maximum number of weeks of ben- may consume. This resolution is the latest effort in efits available for unemployed workers, Workers collecting unemployment the House to undo the wave of bureau- including my home State of Michigan. benefits earned their benefits by work- cratic overreach from the Obama ad- Three, the value of UI benefits has ing hard. Workers only receive benefits ministration. declined over time, with 30 States now if they are out of work through no Five years ago, Congress passed a bi- having maximum UI benefits that are fault of their own and are actively partisan law that included a common- less than half of the State’s average searching for new jobs. sense provision giving the States flexi- weekly wage. There are considerable challenges bility to drug test some applicants for Four, the triggers for the federally facing our unemployment system. unemployment insurance. funded Extended Benefits program, EB, More than half of the State trust Instead of following the law Congress are extremely out of date, so they do funds, including that in my home passed and allowing—not requiring— not turn on when unemployment be- State, are insolvent and could only pay States to implement the policies right gins to rise significantly. earned benefits for a short period of for their citizens, the Obama adminis- Five, our Nation’s UI system is un- time if a recession hits. Only about one tration decided to tie States’ hands. It derfunded, with only 18 States’ funds in four unemployed workers currently issued a regulation that left no flexi- reaching a minimum level of adequate receives unemployment insurance ben- bility for States, the opposite of the bi- solvency, according to a 2016 DOL re- efits. Some States have cut benefits, partisan law Congress passed. port. increasing the chance that workers Mr. Speaker, frankly, it is sad that Six, the Federal UI trust funds, will exhaust benefits before finding we are even here today. This all could which support extended benefits during jobs. H.J. Res. 42 does not address these have been avoided if the Obama admin- downturns in the economy, have a def- challenges. istration had simply followed the con- icit of over $8 billion, hurt by the ma- There are also real problems with gressional intent, but yet here we are. jority’s decision to allow part of the drug use in this country and a severe I support this resolution, and I urge revenue stream to those funds to expire shortage of treatment options for those my colleagues to do the same. in 2011. who need them. H.J. Res. 42 does not Mr. DANNY K. DAVIS of Illinois. Mr. Seven, our spending on workforce de- address these problems either. Speaker, I yield 5 minutes to the gen- velopment as a percentage of GDP is Instead, we are considering a policy tleman from Michigan (Mr. LEVIN), now only one-seventh of its 1979 peak; that slanders unemployed workers by former chairman of this committee and since 2010, Republicans in Congress assuming that they are drug users; and, certainly, a former ranking mem- have cut workforce education programs that ignores all research showing that ber on this side. by $400 million. So we are doing less to drug use is not higher among unem- (Mr. LEVIN asked and was given per- help the unemployed while they look ployed workers than in the general mission to revise and extend his re- for work and less to help them prepare population; and that violates the con- marks.) for a new job. stitutional protection against illegal Mr. LEVIN. Mr. Speaker, at the Today’s bill ignores these problems search and seizure, a protection that onset of the Great Recession, our un- completely and, instead, attempts to courts have clearly said exists regard- employment insurance system was demean those needing help. In discour- less of whether one receives public ben- completely inadequate. Democrats aging access to unemployment bene- efits. took the lead, against increasing Re- fits, it reminds me of a massive prob- The statutory provision that has re- publican opposition, to improve the lem we have uncovered in Michigan quired this regulation was appro- system and to provide unemployment that involved at least 20,000—and per- priately limited to a very narrow group benefits to Americans who lost their haps many more—UI claimants being of workers, those for whom finding jobs through no fault of their own. The wrongly accused of fraud and ordered suitable work required a drug test. result was an emergency Federal un- to pay huge penalties. Counter to some GOP arguments, employment compensation program We should be focusing today on en- this resolution is not about helping which helped more than 24 million peo- suring our UI system is ready for the those with drug problems get treat- ple. great challenge, not to mention help- ment. It is about cutting benefits. Research from a broad array of ex- ing Americans who are seeking work States with drug-testing provisions do perts shows these Federal UI benefits, right now. Instead, this majority has

VerDate Sep 11 2014 02:36 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.018 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1204 CONGRESSIONAL RECORD — HOUSE February 15, 2017 brought up this misguided bill, and I last 3-plus weeks is trying to reverse I believe there has been a misconcep- urge all Members to oppose it. regulations—not one affirmative bill tion about the intent of this CRA. Con- Mr. SMITH of Nebraska. Mr. Speak- that establishes one job. gress is not acting because we have a er, I yield 2 minutes to the gentleman So what are they doing? They are malicious intent to punish American from Missouri (Mr. SMITH). kind of dancing for the American peo- workers. We are not even trying to Mr. SMITH of Missouri. Mr. Speaker, ple, while the House burns, while the disincentivize them from participating I rise in support of H.J. Res. 42, to President is conducting foreign policy in the program. eliminate the Obama administration’s at Mar-a-Lago, in the open air, to im- My colleague, Mr. DAVIS, said we intentionally unfaithful execution of press all of his well-heeled friends that should strengthen our programs, and our laws. have paid $100,000 and now have to pay what we are attempting to do is ex- Make no mistake, Mr. Speaker, the $200,000 to join his club, while we actly that: strengthen the system that previous administration knew exactly should be overseeing the operations of is intended to help unemployed Ameri- what they were doing when they wrote the Trump Hotel and who is paying cans and allow them to prepare to re- this regulation. President Obama millions of dollars to reserve banquet enter the workforce. signed off on the underlying law to facilities in that taxpayer-owned loca- The 2012 Middle Class Tax Relief and allow States to drug test certain unem- tion. Job Creation Act made commonsense ployment insurance recipients, then he The SPEAKER pro tempore (Mr. reforms to the unemployment insur- worked to block its implementation. JODY B. HICE of Georgia). The time of ance system with the goal of assisting Today, we will vote to end President the gentleman has expired. Americans in returning to gainful em- Obama’s obstruction. Mr. DANNY K. DAVIS of Illinois. I ployment. Yes, this included allowing Instead of faithfully executing the yield the gentleman an additional 2 States, like my own of Florida, to de- law, as our Constitution demands, the minutes. termine whether or not they wanted to Obama administration effectively Mr. JOHNSON of Georgia. Those are include drug screening and test unem- blocked States from making sure hard- the issues that the American people ployment insurance applicants. And, working taxpayer dollars only go to de- certainly would be interested in know- yes, the law specifically stated two ing, what is happening with their prop- serving citizens. conditions: if the applicant had lost The Congress spoke in 2012, before I erty. their job due to drug use and if they But instead of creating a jobs bill, arrived here, but here is what hap- were seeking a new job that regularly what we are dealing with here is a pened. Congress spoke, and the Presi- required new employees to pass a drug measure that would repeal a Depart- dent signed a bill into law to give test. ment of Labor rule that limits which States an option—not a mandate, an Now, when the Department of Labor unemployment compensation appli- drafted the rule, they clearly went be- option—to drug test. cants can be tested for drugs. I stand today to say let’s roll back yond the intent of Congress and tai- Supporters of this resolution are sug- lored it too narrowly. This will only and undo our previous President’s un- gesting that there is a nexus between faithful execution of the law and allow hurt prospective employees in the long losing your job and being unemployed term. States like Missouri to have the free- and illicit drug abuse. However, there dom to decide for themselves. This is The rule covers occupations such as is no evidence that suggests higher those that require the employees to not a mandate; this is simply about drug use among unemployed workers states’ rights. carry firearms, flight crews, transpor- compared to the general population; tation, and the like. Mr. Speaker, I urge my colleagues to though I will concede that it has been vote in support of this joint resolution. a time-honored tradition that when b 1400 Mr. DANNY K. DAVIS of Illinois. Mr. you lose your job, you go down to the The problem here is that employers Speaker, I yield 2 minutes to the gen- local bar and drown in a glass of beer. in occupations outside of this narrow tleman from Georgia (Mr. JOHNSON), a But nobody is talking about dis- scope also regularly require drug test- tireless protector of the rights of indi- abusing alcohol abuse with this legisla- ing of their employees. viduals. tion—no alcohol testing, just drug test- So under this rule, unemployed Mr. JOHNSON of Georgia. Mr. Speak- ing. Americans who are using and looking er, I rise to voice my strong opposition Why? for employment outside of the specific to H.J. Res. 42. It is because they want to get at a occupations outlined in the rule could I think most Americans are tired of certain group of people who they want potentially find employment in a dif- hearing about what President Obama to deprive of the ability to receive the ferent industry, be drug tested, and did or didn’t do while, at the same unemployment compensation that they subsequently terminated. time, it seems like it has been years have paid in and earned. How is this helping American work- since we had his stable leadership and It is penny-wise and pound-foolish to ers? It doesn’t make sense to me, and it we have been proceeding under the take away the financial security for shouldn’t make sense to any of my col- chaos of the current administration. It people who have the least. That is the leagues either. This is a bad rule, and seems like much longer than 25 days. only thing they have, and you are it needs to be repealed so the Depart- But I will tell you, the campaign is going to take it away from them and ment of Labor can go back to the draw- over. It was a long campaign. Through- make them pay for the drug test, too. ing board and craft a rule that will ac- out the entire campaign, the Repub- It is ridiculous. tually strengthen the unemployment licans controlled both Houses of Con- We should be considering legislation insurance, help the American worker, gress, House and Senate, and we had that would create jobs and address eco- and ultimately strengthen the econ- the President who was a Democrat. So nomic disparities, but instead, we are omy. the Republicans complained that they looking to roll back provisions that un- Mr. DANNY K. DAVIS of Illinois. Mr. weren’t able to do anything and they dergird the financial security of the Speaker, I yield 3 minutes to the gen- needed a Republican President. most vulnerable among us. I would ask tlewoman from California (Ms. LEE). Now they have a Republican Presi- that my colleagues oppose this H.J. Ms. LEE. Mr. Speaker, first, let me dent, and what have they done during Res. 42 and get on with the business thank Congressman DAVIS for yielding this last 25 days in terms of a jobs bill? that matters most to the American and for his tireless advocacy on behalf Not one, not one job created in the last people. of the most vulnerable everywhere. 25 days. Mr. SMITH of Nebraska. Mr. Speak- I rise in strong opposition to H.J. If the public goes back and looks over er, I yield 2 minutes to the gentleman Res. 42, which is really another base- the calendar of proceedings for this from Florida (Mr. YOHO). less attack on the poor, on low-income body, they will find that it has simply Mr. YOHO. Mr. Speaker, I rise today individuals, and on the unemployed. been one regulatory bill after another, in support of H.J. Res. 42, and I thank Drug testing unemployed individuals is to change a regulation that was set Chairman SMITH for taking the lead in downright wrong. during the Obama administration. fighting for American workers with Let me be clear. This resolution is That is all we have been doing over the this commonsense piece of legislation. another way for Republicans to stop

VerDate Sep 11 2014 02:36 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.034 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1205 workers from claiming their right to year-old with proper papers coming in Indiana, South Carolina, Tennessee, unemployment benefits. It also is a from Jordan, held for 50 hours at and Wisconsin—passed legislation scare tactic that flies in the face of George Bush Intercontinental Airport, equating a failed or refused preemploy- facts. in defense of those employees that I re- ment drug screen for refusing suitable First, there is no evidence that peo- spect, CBP, they had no information work. We are already condemning ev- ple who receive public assistance use how he got in, but they took this erybody. Other States have other pro- drugs any more frequently than those young man. Lo and behold, he wound grams. This is not one that falls under in the general population. Unemploy- up in Chicago because he didn’t speak the 10th Amendment. ment compensation, mind you, is not English, and that was the only bed But the specialist drug testing of public assistance. they have. government-benefit recipients likely By unnecessarily drug testing jobless Why am I mentioning this? I am violates the Fourth Amendment, and it workers, we are throwing them out in mentioning this because sometimes is cruel and inhuman treatment. the cold when they are simply trying government gets it wrong. They get it I ask my colleagues to reject this to get back on their feet. wrong. This disapproval is wrong. cruel and inhuman treatment of indi- Mr. Speaker, workers receive unem- What did happen was right, because viduals who, through no fault of their ployment benefits because they worked what happened was that this rule own, are unemployed or they may be hard, they played by the rules, and didn’t just pop up in the administra- poor or they may be needing public as- they were laid off through no fault of tion, meaning the Obama administra- sistance. Let America’s humanity their own. tion. It came about through a com- shine. Vote ‘‘no’’ on the bill. More importantly, working people promise—an intelligent compromise— Mr. SMITH of Nebraska. Mr. Speak- have earned their right to apply for dealing with middle class tax relief and er, I want to hopefully draw some at- these benefits. They pay into the pro- job creation. Because at that time, tention to the fact that we have a prob- gram. Their constitutional rights there were people who randomly want- lem on our hands. We have a problem should not be violated. with the Federal Government going too I also know that people want to ed to drug test, but wise individuals far, and we have a problem with the work. People don’t want to be on un- said this, they said that you could State governments coming to us as pol- employment insurance. They want to allow drug tests if you had lost your provide for themselves and their fami- job or you are a drug user, so we want icymakers at the Federal level wanting lies. to get you right; therefore, you could to help their own constituents, their Let me remind you, there is an opioid be tested. own citizens in need. Right now the and heroin drug epidemic in this coun- Some people agree to disagree, but Federal Government stands in the way. try, and it not only affects Democrats, that is reasonable. Or that the job that It is time for us as policymakers this drug crisis is affecting Repub- you were looking for or had a job that hopefully to act in a responsible fash- licans, Independents—everyone. Yet, required the kind of criteria and the ion to assist States in their need and once again, you are throwing them out kind of skills that drug use would im- their desire to help their own citizens. in the cold. pair or impact, that makes sense. States are better at that than is the Instead of passing this appalling res- But now you are talking about some- Federal Government, and I hope that olution—and this resolution is appall- one at the lowest ebb of life, losing jobs we can empower the States to help ing—we should be expanding job train- through no fault of their own, giving their own constituents. ing, unemployment benefits for all, and States that may be sensitive to human Mr. Speaker, I reserve the balance of provide resources for drug treatment. needs or reckless the ability to ran- my time. It is hard to believe that you want to domly test people because they lost Mr. DANNY K. DAVIS of Illinois. Mr. punish people. That is what this resolu- their jobs, because they have been de- Speaker, as I prepare to close, let me tion really does. It punishes people for feated. just, first of all, thank the more than working. That is really a shame and Well, I know it is too late, but maybe 40 organizations who have sent letters disgrace. we should amend for Congresspersons, in opposition to this legislation, espe- So I strongly oppose this bill. I urge Senators, and Governors who get cially the African Methodist Episcopal my colleagues to vote ‘‘no,’’ and I also unelected. They lost a job; didn’t they? Church, the African American Min- urge you to encourage people to work, It doesn’t make sense. isters in Action, National Association to provide those job training resources I rushed to the floor. We are in the for the Advancement of Colored Peo- and drug abuse resources for our men- Judiciary Committee addressing the ple, and many others. They have sent tal health centers, for our drug coun- question of how we are going to utilize letters because they have a will to seling centers, and for everyone who the oversight plan, whether we want to help, not a will to hurt. They have a needs treatment rather than drug test- investigate and fix for the American will to assist. They know that the indi- ing to keep them from getting a job. people this horrible scenario of the viduals we are talking about have lost Mr. SMITH of Nebraska. Mr. Speak- Russian involvement in the elections their jobs, their opportunity to work, er, I reserve the balance of my time. and the connection to the present ad- and their connection, in many in- Mr. DANNY K. DAVIS of Illinois. Mr. ministration. stances, with humanity. Speaker, I yield 3 minutes to the gen- We want to fix things, but what you I would urge that we do everything in tlewoman from Texas (Ms. JACKSON are doing here is that you are casting a our power to help them find their way LEE) who had an office next to mine for bad light on people who are in need. I back and not hurt them. Therefore, I many years. I know she has tremen- just want to say States have the abil- would urge all of my colleagues to op- dous commitment, energy, and for- ity to administer drug testing, and this pose this legislation and vote ‘‘no.’’ titude. change would needlessly shift employer Mr. Speaker, I yield back the balance Ms. JACKSON LEE. Mr. Speaker, I costs to the States. State unemploy- of my time. thank the distinguished gentleman, ment programs already penalize job-re- Mr. SMITH of Nebraska. Mr. Speak- and I thank the manager of this legis- lated drug use. er, I yield myself the balance of my lation. But my distinguished friend, The SPEAKER pro tempore (Mr. time. Mr. DAVIS, and I have worked on soci- WEBSTER of Florida). The time of the Mr. Speaker, since the law was en- etal issues dealing across the gamut, gentlewoman has expired. acted some 5 years ago, Members of and the respect that he holds in the Mr. DANNY K. DAVIS of Illinois. Mr. this body have clearly stated their in- communities across America that rec- Speaker, I yield the gentlewoman an tent time and time again through let- ognize that second chances, unemploy- additional 30 seconds. ters, hearings, public comments, and ment compensation, summer jobs, and Ms. JACKSON LEE. Mr. Speaker, I meetings, and yet the previous Depart- a whole manner of opportunities for in- thank the gentleman. ment of Labor continued to push Con- dividuals to restore their lives is the Twenty States also explicitly deny gress’ concerns to the side and legislate right way for America to go. benefits for any job loss connected with from the executive branch. In the backdrop of an executive order drug use or a failed drug test. In addi- Again, supporting this resolution that saw one of my constituents, a 16- tion, six States—Arizona, Arkansas, means supporting the role of Congress

VerDate Sep 11 2014 02:36 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.037 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1206 CONGRESSIONAL RECORD — HOUSE February 15, 2017 to write laws and for the laws to be im- The Obama administration spent a innovative retirement options. These plemented as intended. lot of time and taxpayer dollars em- resolutions will simply ensure that all I urge my colleagues to support H.J. phasizing the need to protect retire- workers and retirees enjoy the same Res. 42, disapproving of the Depart- ment savers, but as was often the case protections that have been guaranteed ment of Labor’s regulation of the drug with the previous administration, their for decades. testing on unemployment insurance rhetoric rarely matched their actions. I want to thank Representatives applicants. For example, the Obama Department WALBERG and ROONEY for leading this Mr. Speaker, I yield back the balance of Labor spent years advancing a effort and working to protect the re- of my time. flawed rule that will limit access to af- tirement security of hardworking men The SPEAKER pro tempore. All time fordable retirement advice for low- and and women across the country. I urge for debate has expired. middle-income families. Despite re- my colleagues to support both resolu- Pursuant to the rule, the previous peated calls for a more responsible ap- tions. question is ordered on the joint resolu- proach, the Department pushed for- Mr. Speaker, I reserve the balance of tion. ward with an extreme, partisan rule. my time. The question is on the engrossment Then, late last year, the Department Ms. BONAMICI. Mr. Speaker, I yield and third reading of the joint resolu- finalized two additional rules that will myself such time as I may consume. tion. also negatively impact the retirement Mr. Speaker, I rise in strong opposi- The joint resolution was ordered to security of workers. The administra- tion to H.J. Res. 66. be engrossed and read a third time, and tion crafted a regulatory loophole that Working families in my home State was read the third time. allows States to establish government- of Oregon and across the country de- The SPEAKER pro tempore. The run IRAs by circumventing protections serve the opportunity to retire with se- question is on the passage of the joint workers and employers have enjoyed curity and dignity. Unfortunately, that resolution. for decades. is not a reality for far too many Ameri- The question was taken; and the As was usually the case, the actions cans who face a growing retirement se- Speaker pro tempore announced that of the previous administration hurt the curity crisis. In fact, nearly 40 million the ayes appeared to have it. very people it claimed to be helping. private sector workers, including an es- Mr. DANNY K. DAVIS of Illinois. Mr. First, this loophole would lead to fewer timated 1 million in Oregon, do not Speaker, on that I demand the yeas protections for retirement savers. have access to retirement savings plans and nays. Working families will have less infor- at their jobs. The yeas and nays were ordered. mation about how their retirement The AARP and others have noted The SPEAKER pro tempore. Pursu- plans are managed, and they will have that people who do not save for retire- ant to clause 8 of rule XX, further pro- fewer options if those plans are not ment risk becoming dependent on so- ceedings on this question will be post- managed well. They will also have less cial safety net programs that increase poned. control over the money they worked so costs for taxpayers. f hard to put away. Mr. Speaker, Congress has not b 1415 We need to honor hardworking tax- stepped up to address our country’s re- tirement security crisis, so several DISAPPROVING RULE SUBMITTED payers, Mr. Speaker, who save for their retirement and not have the Federal States, including my home State of Or- BY DEPARTMENT OF LABOR RE- egon, have developed and implemented LATING TO SAVINGS ARRANGE- Government do things to harm them. The loophole also threatens to inflict innovative solutions that will help MENTS BY STATES FOR NON- significant harm on small business em- workers save for retirement. GOVERNMENTAL EMPLOYEES ployees. It is already hard enough for Oregon’s program is set to launch in Ms. FOXX. Mr. Speaker, pursuant to many small businesses to provide their just 5 months. Workers who do not House Resolution 116, I call up the employees with retirement options, have access to a retirement plan joint resolution (H.J. Res. 66) dis- and this regulation only makes it less through their employer will have ac- approving the rule submitted by the likely they will do so. In fact, many cess to a plan facilitated by the State. Department of Labor relating to sav- small businesses could actually be dis- It is not mandatory—workers can opt ings arrangements established by couraged from offering 401(k)s or other out—and there is minimal paperwork States for non-governmental employ- private sector options. Others could for employees. Oregon’s plan is port- ees, and ask for its immediate consid- cancel their retirement plans and dump able, so workers can keep their retire- eration. their employees into government-run ment savings when they change jobs. The Clerk read the title of the joint retirement plans. Consider Oregonian Penny resolution. Finally, the Obama administration’s Wicklander, who has worked hard but The SPEAKER pro tempore. Pursu- regulatory action puts taxpayers at hasn’t had access to a good retirement ant to House Resolution 116, the joint risk. We already know that many gov- plan. Penny managed an apartment resolution is considered read. ernment-run pension plans for public complex for low-income seniors, and The text of the joint resolution is as employees are woefully underfunded. she saw the hardships that residents follows: Let me repeat that, Mr. Speaker. We faced without retirement security. H.J. RES. 66 already know that many government- Some lived on $10 in the last 10 days of Resolved by the Senate and House of Rep- run pension plans for public employees the month. She said, in support of Or- resentatives of the United States of America in are woefully underfunded. If govern- egon’s plan: Congress assembled, That Congress dis- ment-run IRAs for private sector work- No one wants to retire into poverty and approves the rule submitted by the Depart- ers are mismanaged, does anyone seri- rely on public services, but it’s hard to plan ment of Labor relating to ‘‘Savings Arrange- for the future when there are so many other ments Established by States for Non-Govern- ously believe hardworking taxpayers won’t be asked to foot the bill? financial challenges facing our families. We mental Employees’’ (published at 81 Fed. need a simple retirement account that Reg. 59464 (August 30, 2016)), and such rule These may be unintended con- makes it easy for everyone to save part of shall have no force or effect. sequences, but they will be detrimental what they earn, regardless of where they The SPEAKER pro tempore. The gen- to workers, retirees, and small business work. tlewoman from North Carolina (Ms. all the same. Too many hardworking Bobbie Sotin, a home care worker FOXX) and the gentlewoman from Or- men and women struggle to plan for who cares for seniors and people with egon (Ms. BONAMICI) each will control the future and retire with financial se- disabilities doesn’t have access to a re- 30 minutes. curity and peace of mind. The resolu- tirement savings plan through her em- The Chair recognizes the gentle- tion under consideration today will ployer. Bobbie said: woman from North Carolina. close a loophole that threatens that se- Working with seniors in poverty, many Ms. FOXX. Mr. Speaker, I yield my- curity and peace of mind. care providers see their own future every self such time as I may consume. To be clear, these resolutions will day. Once they reach retirement age, they Mr. Speaker, today I rise in strong not prevent States and cities from pro- have to make the decision to live in poverty support of H.J. Res. 66. viding workers and retirees with new, or keep working until they die. Even if it

VerDate Sep 11 2014 03:06 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.038 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1207 means just $50 or $100 more per month, that The final rule from US DOL provides key rates among small business employees. This kind of income would make a huge difference protections for employers who facilitate en- rule makes it clear that any automatic IRA to each and every one of us. rollment for their employees—confirming a program established by a state must remove Penny, Bobbie, and people across the safe harbor from ERISA and protecting busi- the operational burden of running a retire- country need access to retirement sav- nesses from litigation or liability related to ment plan from small business owners. In state programs—while maintaining key con- fact, it asserts that a small business owner’s ings plans. Oregon and several other sumer protections for program participants. only interaction with a Work and Save plan States are working to fill that need. While this rule has been finalized, oppo- would be to facilitate payroll deductions for Congress should be supporting them nents are seeking to repeal or weaken the these individual savings plans. and encouraging retirement savings rule through the Congressional Review Act. A Congressional Review Act resolution to programs like Oregon’s and similar We respectfully request that you oppose ef- overturn this rulemaking will have a signifi- plans in California, Illinois, Con- forts to repeal the rule and vote no on H.J. cant chilling effect on states, sending the po- litical message that state flexibility is not a necticut, and Maryland. Instead, House Res 66 and H.J. Res 67. The US DOL safe har- bor provides flexibility to states, codifies priority. There is successful precedent for Republicans are advancing a Congres- clear protections for employers who facili- states to take action to promote personal fi- sional Review Act joint resolution of tate retirement savings arrangements for nancial responsibility. When college savings disapproval that would endanger these their employees, and enables innovative so- plans, known as 529 plans, were created plans, discourage other States from lutions to addressing the growing retirement twenty years ago, less than $2.5 billion had taking action, and undermine states’ crisis facing this country. been saved for college in these programs. Today, individuals have put away more than rights. We are happy to provide additional infor- mation. Thank you for your support. $253.2 billion for college in 529 plans. Simi- Specifically, this resolution would larly, in the retirement context, states are nullify an important Department of Sincerely, JOHN CHIANG, acting as facilitators, aggregating small Labor rule that simply clarifies that California State Treas- businesses to get the cost benefit of pooling. these State-based savings plans do not urer. All private financial firms can bid to invest the savings from employees. The only em- run afoul of ERISA, the Employee Re- MICHAEL FRERICHS, tirement Income Security Act. The Illinois State Treas- ployer role is to set up the payroll deduction and forward materials to employees, a role urer. safe harbor rule went into effect last employers already perform for unemploy- TOBIAS READ, October. ment insurance, workers’ compensation, and Oregon State Treas- Now, my friends on the other side of other similar programs. the aisle may characterize this as urer. Often, states are the pioneers of solutions. State governments more directly interact ‘‘closing regulatory loopholes’’ and AARP, they may question whether more gov- with both workers and employers, and state February 8, 2017. policymakers are aware that growth in the ernment is the answer, but that is not DEAR MEMBER OF CONGRESS: On behalf of number of older Americans who do not have working Americans who struggle to save for what this is about. a secure retirement will be felt most acutely their retirement, AARP urges you to vote The National Conference of State in cities and states. As laboratories of against a Congressional Review Act resolu- Legislatures and the State treasurers change, states are often more willing and of Oregon, Illinois, and California sub- tion to overturn the Department of Labor’s able to test creative solutions to improve the mitted letters in opposition to this res- final rule on ‘‘Savings Arrangements Estab- retirement security needs of their workforce lished by States for Non-Governmental Em- olution. They found the ‘‘DOL safe har- while respecting the unique characteristics ployees’’. AARP, with its nearly 38 million and demographics of each jurisdiction. The bor provides flexibility to states, codi- members in all 50 States and the District of fies clear protections for employers lack of options to save for retirement at Columbia, Puerto Rico, and U.S. Virgin Is- work is a persistent problem that demands who facilitate retirement savings ar- lands, is a nonpartisan, nonprofit, nation- action today. States desire flexibility to rangements for their employees, and wide organization that helps people turn move forward with innovative reforms—Con- enables innovative solutions to ad- their goals and dreams into real possibili- gress should not curtail state efforts to pro- dressing the growing retirement crisis ties, strengthens communities and fights for mote retirement savings. Americans need facing this country.’’ the issues that matter most to families such easy savings options. No one wants older as healthcare, employment and income secu- Mr. Speaker, I include in the RECORD Americans solely dependent on Social Secu- rity, retirement planning, affordable utili- rity. Employer plans are not growing and these letters and several other letters ties and protection from financial abuse. in opposition to this resolution. states are trying to meet the needs of their Today, 55 million working Americans do citizens using private investment firms. FEBRUARY 10, 2017. not have a way to save for retirement out of Lack of access to workplace savings plans is Hon. PAUL RYAN, their regular paycheck. Despite decades of especially acute for people of color—only 54 Speaker of the House, federal incentives, employer sponsorship of percent of African American and Asian em- Washington, DC. retirement savings plans has remained stat- ployees and 38 percent of Latino employees SPEAKER RYAN: Earlier this week, Reps. ic. The lack of employer-sponsored savings work for an employer that sponsors a retire- Tim Walberg and Francis Rooney introduced plans has a direct impact on the retirement ment plan, compared to 62 percent of White two resolutions of disapproval (H.J. Res 66, readiness of workers, because employees are employees. Those who do not save enough for H.J. Res 67) to roll-back key Department of 15 times more likely to save if they have ac- retirement risk becoming dependent on so- Labor (US DOL) rules. These resolutions will cess to a payroll deduction savings plan at cial safety net programs, costing taxpayers limit our abilities as states to provide solu- work. down the line. In fact, states taking action tions to the growing retirement savings cri- In response to the stubborn lack of growth today could save taxpayers as much as $4.8 sis, and could make it harder for small busi- in employer-sponsored retirement savings billion in the next ten years. Congress should nesses to participate in state-run programs. plans, numerous states have removed regu- support these important state savings pro- We are writing to ask that you defend our latory and operational barriers for small grams, not take steps to end them. state’s rights by voting ‘‘No’’ on H.J. Res 66 businesses who want to offer a retirement AARP urges Congress to support private and H.J. Res 67. savings vehicle to their workers. These bi- retirement savings and vote no on a Congres- The rule in question gives clarity for partisan, commonsense solutions are known sional Review Act resolution to overturn the states across the country to provide access as Secure Choice or Work and Save. In the Department of Labor’s rule on Savings Ar- to retirement savings options for millions of last two years more than half the states con- rangements Established by States for Non- private-sector workers. California, Illinois, sidered a variety of options to provide em- Governmental Employees. If you have fur- and Oregon are all in the process of imple- ployers and their employees with low-cost ther questions, please feel free to contact menting legislatively approved state-admin- savings options, including Arizona, Cali- me. istered plans that will enable nearly 8 mil- fornia, Colorado, Connecticut, Georgia, Ha- Sincerely, lion private-sector workers to save their own waii, Illinois, Indiana, Iowa, Kentucky, Lou- NANCY A. LEAMOND, money for retirement. isiana, Maine, Maryland, Massachusetts, Executive Vice President and Chief Advocacy As Treasurers, we chair the respective Michigan, Minnesota, Nebraska, New Hamp- and Engagement Officer. Boards governing our state plans and have shire, New Jersey, New Mexico, New York, been actively working with employers, em- North Carolina, North Dakota, Ohio, Oregon, AMERICAN FEDERATION OF LABOR ployees, payroll providers, and financial Pennsylvania, Rhode Island, South Carolina, AND CONGRESS OF INDUSTRIAL OR- service organizations for the last two years. Utah, Vermont, Virginia, Washington, West GANIZATIONS, LEGISLATIVE ALERT, The reality is, that without access to an easy Virginia, and Wisconsin. Washington, DC, February 15, 2017. and affordable savings vehicle, far too many In 2016, the Department of Labor promul- DEAR REPRESENTATIVE: The AFL–CIO urges workers risk retiring into poverty and be- gated a rule providing states with guidance you to oppose H.J. Res. 66 and H.J. Res. 67. coming overly reliant on Social Security or on how to enter into public-private partner- These resolutions of disapproval block De- state and federal safety net programs. ships aimed at increasing personal savings partment of Labor (DoL) regulations that

VerDate Sep 11 2014 05:27 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.042 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1208 CONGRESSIONAL RECORD — HOUSE February 15, 2017 create safe harbors under which certain re- grams. The burden imposed upon such em- ployees must offer a payroll deduction for tirement savings arrangements established ployers is minimal. Significantly, the regu- employees who voluntarily choose to partici- by states or eligible political subdivisions for lation simply clarifies that states and local pate in the savings plan. In short, the DOL private-sector workers will not be considered governments can create auto-enrollment rule eliminates much federal red tape, and ERISA-covered employee benefit plans. programs. In the absence of the regulation, gives governments more flexibility to inno- While the vast majority of union members states may still offer the programs, although vate. This allows states and cities to provide who work in the private sector benefit from the legal status is uncertain. These regula- a glide path for small employers to offer a collectively bargained pensions and retire- tions not only clarify the matter, but pro- retirement savings plan to their workers. ment savings plans, over 38 million private- vide some important protections for partici- Just as states facilitated the pooling and sector workers are not offered any kind of pants. investing of 529 college savings plans in part- plan at work. The DoL regulations provide a I urge you to vote no on H.J. Res 66 and nership with private investment firms, the path forward for states and municipalities to H.J. Res 67, which would harm these impor- same convention is being employed in a re- create an easier way for these Americans to tant state and local savings programs. tirement savings context. Private invest- begin building a retirement nest egg through Sincerely, ment companies can bid to invest the pooled payroll deduction contributions into their SCOTT FREY, savings from employees of small employers. own Individual Retirement Account (IRA). A Director of Federal Government Affairs. Workers will enjoy the twin benefits of low- vote to rescind these regulations is a vote to cost and well-managed investments. Small ensure that these Americans will remain fi- AMERICAN FEDERATION employers are only required to provide pay- nancially vulnerable in retirement. OF TEACHERS, roll deduction and forward the program in- Thank you for your consideration of our Washington, DC, February 15, 2017. formation to employees. views. HOUSE OF REPRESENTATIVES, Again, the AFT urges Congress to support Sincerely, Washington, DC. these state-sponsored, public-private retire- WILLIAM SAMUEL, DEAR REPRESENTATIVE: For many Ameri- ment savings programs—collectively re- Director, Government Affairs Department. cans, the ability to maintain their living ferred to as Secure Choice—by voting standards in retirement continues to be a against Congressional Review Act resolu- AMERICAN FEDERATION OF STATE, source of anxiety and concern. Two-thirds of tions H.J. Res. 66 and H.J. Res. 67. COUNTY AND MUNICIPAL EMPLOY- participants in the Employee Benefit Re- Sincerely, EES, AFL-CIO, search Institute’s 2016 Retirement Con- RANDI WEINGARTEN, Washington, DC, February 10, 2017. fidence Survey indicated that they had no President. U.S. HOUSE OF REPRESENTATIVES, retirement plan, and more than 50 percent Washington, DC, reported they had less than $25,000 in retire- NATIONAL CONFERENCE DEAR REPRESENTATIVE: On behalf of the 1.6 ment savings. OF STATE LEGISLATURES, million members of the American Federation As a result, a large number of states are Washington, DC, February 13, 2017. of State, County and Municipal Employees moving legislation to help employees of MEMBERS OF THE UNITED STATES HOUSE OF (AFSCME), I am writing to urge you to op- small employers to access retirement sav- REPRESENTATIVES: The National Conference pose the two Congressional Review Act ings plans. The Department of Labor has as- of State Legislatures (NCSL), the bi-partisan (CRA) resolutions of disapproval blocking sisted this effort by excluding such plans organization representing the legislatures of the U.S. Department of Labor (DOL) regula- from ERISA. In light of these facts, the AFT our nation’s states, territories, and common- tions for state and city retirement savings urges you to vote no on Congressional Re- wealths, urges you to vote against H.J. Res. programs, H.J. Res 66 and H.J. Res 67. view Act resolutions (H.J. Res. 66 and H.J. 66, a Congressional Review Act resolution to Using the CRA to overturn these rules is Res. 67) that would reimpose ERISA stand- overturn the Department of Labor’s final an example of an arbitrary process that up- ards on governments and only serve to chill rule on ‘‘Savings Arrangements Established sets years of work by federal agencies acting state and city innovation. by States for Non-Governmental Employ- in strict adherence to the Administrative Although most jobs are created by small ees.’’ Procedures Act to promulgate important fed- businesses, most small business workers are As our nation’s laboratories of democracy, eral rules and actions. After thorough con- not offered any retirement plan. According states are developing and implementing in- sideration that has involved the public, state to the Center for Retirement Initiatives novative solutions that will improve the re- and local governments, and the Congress, (CRI), 98 percent of all firms in the U.S. em- tirement security of private sector resolutions of disapproval should not be used ploy fewer than 100 workers, and about two- workforces and that will also save taxpayers for partisan purposes to scrap agency rules thirds of these workers lack access to any re- billions of dollars. Passage of this resolution at the last minute and to subvert the regu- tirement plan. Many small-business owners is an affront to those in Congress who advo- latory process contrary to real needs of who were contacted by the Government Ac- cate for the 10th Amendment as it will result Americans. countability Office reported shying away in an unwarranted preemption of state inno- We know there is a growing retirement se- from sponsoring any retirement plan because vation, will restrict the ability of millions of curity problem in this country. It is esti- of all of the administrative requirements and hardworking Americans to save for retire- mated that 55 million full- and part-time pri- fiduciary responsibilities for selecting in- ment, and will prove costly to federal and vate sector workers in the U.S. lack access vestment funds and managing plan assets. state budgets. to retirement coverage through work. This Unless something is done to improve the re- As the number of workers who lack enough problem has grown unabated and without tirement prospects of the small-employer savings to cover the costs of retirement ex- adequate attention at the federal level. Fi- workforce, these individuals will fall into penses continues to grow, states need the nally, new DOL rules that are under attack poverty in retirement, and place emotional flexibility to develop creative solutions to will enhance retirement security for the mil- stress on their families and financial stress this problem. Restricting the ability of lions of Americans who do not have access to on their government sponsors. states to establish private sector savings pensions and have limited means to increase In response to this retirement savings gap, plans will put an even greater strain on pub- savings for retirement. The new rules simply a large number of states have removed regu- lic finances because states and the federal allow states and cities to set up important latory and administrative barriers for small government are ultimately responsible for auto-enrollment programs to enhance sav- businesses that want to offer a retirement funding the social safety programs that are ings if they chose to do so. One rule encour- savings vehicle to their workers. These bi- utilized by retirees who are not financially ages state auto-enrollment tax-free savings partisan common-sense approaches are col- independent. Eight states have enacted laws plans, or state-created tax-free saving plans lectively known as ‘‘Secure Choice.’’ In the that will establish state-facilitated retire- for private business. The second resolution last few years, about half of all states have ment plans’ and many other states are con- would block a rule that clarifies when coun- considered ways to provide small employers sidering these plans for their state’s private ty and city auto-enrollment plans will be ex- and their employees with low-cost, profes- sector workers. Passage of H.J. Res. 66 will empt from federal retirement law. California sionally managed savings options. Seven likely prevent states from establishing these and a number of other states have either al- states already have enacted legislation and innovative plans and will result in increased ready adopted plans or are considering are preparing to implement their plans. costs for federal and state budgets as tens of adopting plans. In addition, cities such as In 2016, the DOL promulgated an rule pro- millions of Americans who depend solely on New York, Philadelphia and Seattle are also viding states and cities with guidance on social security will increase dependency on considering similar measures. how to enter into public-private partner- other entitlement programs. These resolutions of disapproval would un- ships, with the goal of increasing savings Finally, we challenge the argument that fairly impact these new plans and the mil- rates among employees of small businesses. private sector workers, who lack retirement lions who want to take advantage of them. The rule clearly states that an automatic options, should not depend on their state Approximately half of all workers lack ac- IRA program established by a state or city governments to establish these retirement cess to any type of pension or employment- must remove the burden of administering saving programs. We ask members of Con- based retirement savings plan. The DOL reg- the retirement plan from small-business gress that if states did not act to address ulation is narrowly tailored to authorize owners. The rule puts in place only one re- this growing problem, who would? It was governments to establish plans for those em- quirement: Small employers that do not only after years and years of failure by the ployers who do not offer retirement pro- offer any other retirement plan to their em- private sector to address the retirement of

VerDate Sep 11 2014 03:06 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.021 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1209 its small business workers that state govern- clarification necessary to help states and ensure that millions of workers have access ments were left with no alternative but to cities implement their own auto-IRA plans to a workplace retirement plan. provide an innovative solution for these re- consistent with The Employee Retirement Sincerely, tirees’ future. Congress should respect the Income Security Act of 1974 (ERISA), which ERIC RODRIGUEZ, states’ efforts to reduce a further financial would provide millions of workers access to Vice President, Office of Research, burden on future taxpayers. a workplace retirement plan. If these retire- Advocacy, and Legislation. NCSL urges Congress to support state in- ment plans were to become subject to Ms. BONAMICI. In summary, pro- novation regarding private retirement sav- ERISA, they would not be able to move for- ponents of this Congressional Review ings and vote no on a Congressional Review ward. Act resolution to overturn the Department Act resolution are rushing to nullify a One of NCLR’s goals in 2017 is to ensure the rule that will make it easier for people of Labor’s rule on ‘‘Savings Arrangements successful implementation of the California Established by States for Non-Governmental Secure Choice Retirement Savings Program. save for retirement. That is unaccept- Employees.’’ In September 2016, California Governor Jerry able. Every American deserves to retire Sincerely, Brown signed into law a bill that allows with dignity, and this resolution puts SENATOR DANIEL T. BLUE, workers to access state-run IRAs, which will that fundamental American value at JR., feature automatic enrollment for people risk. North Carolina, Presi- working for employers with five or more em- I ask my colleagues to join me in op- dent, NCSL. ployees. Just over 7.5 million Californian SENATOR DEB PETERS, posing H.J. Res. 66. workers who do not currently have an em- Mr. Speaker, I reserve the balance of South Dakota, Presi- ployer-sponsored plan—half of whom are dent-Elect, NCSL. Latino—will benefit from this program. my time. RETIREMENT SAVINGS FAST FACTS Ms. FOXX. Mr. Speaker, I ask unani- LATINOS HAVE A STRONG DESIRE TO SAVE Three-quarters of private sector workers mous consent that the gentleman from feel anxious about having enough money to NCLR has worked to improve opportuni- Michigan (Mr. WALBERG) be permitted live comfortably in retirement. ties for Hispanics in the United States for to control the balance of my time. Fifty-five million Americans work for em- nearly 50 years. One of our core areas of The SPEAKER pro tempore. Is there ployers that do not offer any form of a re- work is economic security, which is contin- objection to the request of the gentle- tirement savings plan. gent on an individual’s retirement readiness. woman from North Carolina? 80 percent of private sector workers be- While many Americans have difficulty sav- There was no objection. tween the ages of 18 and 64 support state-fa- ing for retirement, the issue is even more cilitated plans designed to help them save acute for communities of color. For example, GENERAL LEAVE their money for retirement. 62% of Black and 69% of Hispanic households Mr. WALBERG. Mr. Speaker, I ask State-facilitated retirement savings plans lack any assets in a retirement account. For unanimous consent that all Members are designed similarly to the popular 529 col- those who can save, their account balances may have 5 legislative days in which to lege savings plans, as the plan’s assets would are disproportionately low: four in five revise and extend their remarks and in- be the personal property of the individual Latino households aged 25–64 have less than clude extraneous material on H.J. Res. saver, and their money could only be used to $10,000 in retirement savings, compared to benefit the individual saver. one in two White households. Prior to the 66. State-facilitated retirement savings plans DOL rule, limited access to traditional re- The SPEAKER pro tempore. Is there would be managed by outside private sector tirement savings products severely affected objection to the request of the gen- fund managers and there will be no connec- Latino workers’ ability to invest in their fu- tleman from Michigan? tion between state-facilitated programs and ture. Efforts, whether at the federal or state There was no objection. public pensions for government employees. level, to increase access to quality retire- Mr. WALBERG. Mr. Speaker, I yield State-facilitated retirement savings plans ment savings plans are crucial to enhance myself such time as I may consume, would provide employees the options to de- Latino retirement readiness. and I rise today in strong support of cline participation; however, data suggests The difficulty in saving for retirement is that employees with access to workplace re- H.J. Res. 66, a resolution to protect re- the result of a variety of factors, including tirement savers. tirement plans are 15 times more likely to lack of availability of employer-sponsored save for retirement. retirement plans and lower rates of partici- During the final days of the Obama pation in those plans when they are offered. administration—in fact, the final NATIONAL COUNCIL OF LA RAZA, Workers of color have less access to retire- hours—the Department of Labor cre- Washington, DC, February 10, 2017. ment savings vehicles compared to Whites: ated a regulatory loophole that threat- Hon. VIRGINIA FOXX, 38% of Latino employees aged 25–64 work for ens the retirement security of working Chairman, House Committee on Education & an employer that sponsors a retirement plan, families. We are here today to use Con- Workforce, Washington, DC. compared to 62% of White employees. Of Hon. BOBBY SCOTT, gress’ authority under the Congres- those workers who have access to an em- sional Review Act to close that loop- Ranking Member, House Committee on Edu- ployer-sponsored plan, not all participate: cation & Workforce, Washington, DC. only 29.7% of Latino workers who have an hole by blocking a misguided regula- DEAR CHAIRMAN FOXX AND RANKING MEM- employer plan participate compared to 53.8% tion from taking effect. BER SCOTT: On behalf of the National Council of White workers. The regulation paves the way for of La Raza (NCLR), the nation’s largest Low wages make investing for retirement States to force certain employers to Latino civil rights and advocacy organiza- automatically enroll their employees tion, I write to ask you to oppose H. J. Res especially challenging given that housing, 66 and H. J. Res 67, resolutions of disapproval health care, and education costs continue to into government IRAs. States would be under the Congressional Review Act (CRA), rise while wages remain stagnant. 42% of all allowed to skirt Federal law and deny to block the Department of Labor (DOL) Latinos earn poverty-level wages, even with workers important protections de- rules that allow states and cities to imple- having the highest rate of labor force par- signed to safeguard their retirement ment their own Individual Retirement Ac- ticipation among all racial and ethnic savings. count (IRA) retirement plans. groups. Despite earning low wages, numerous The Obama administration’s action In the absence of congressional action to studies have shown that Hispanics value sav- ing. A 2014 national Prudential survey of is somewhat perplexing. The Employee increase access to retirement plans, state Retirement Income Security Act, plans have stepped up to innovate and fill Latino consumers found that ‘‘the ‘saver’ that gap. H.J. Res 66 and H.J. Res 67 impedes mindset prevails’’ with Latinos. However, ERISA, has enjoyed strong bipartisan state and local innovation and while 53% Latinos think that saving for re- support for decades. As President Ford entrepreneurialism to solve the retirement tirement is a high priority, near-term finan- said when he signed the law, the Amer- issue. If the DOL rules are abolished, it cial needs often compete for limited re- ican people have ‘‘greater assurances would have a chilling effect on the states and sources. that retirement dollars will be there cities that are working to implement pro- Limited access to traditional retirement when they are needed.’’ Yet, over 40 grams, including California, Connecticut, Il- savings products severely affect Latino years later, the same administration linois, Maryland, and Oregon, which have all worker’s ability to invest in their future. Ef- that frequently touted the importance passed legislation to setup these programs forts to increase access to quality retirement and New York City, Philadelphia and Seattle savings plans are crucial to enhance Latino of consumer protections moved to ex- which are currently considering their own retirement readiness. In the absence of con- empt States from ERISA. auto IRA plans. gressional action to increase access, state b 1430 Rep. Tim Walberg’s (R–MI) H.J. Res 66 and and city plans can help to fill that gap. It is Rep. Francis Rooney’s (R–FL) H.J. Res 67 for the above reasons that NCLR urges you The question is why. To facilitate the would nullify the DOL rules that offered the to opposes H. J. Res 66 and H. J. Res 67 and creation of government-run plans that

VerDate Sep 11 2014 03:06 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.023 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1210 CONGRESSIONAL RECORD — HOUSE February 15, 2017 would lack basic protections for retire- enough on their own for retirement. I urge my colleagues to reject both of ment savers? As a result, workers and Too many Americans lack access to re- these CRA joint resolutions of dis- retirees would have nowhere to turn if tirement savings plans and too few are approval. their savings were mismanaged. able to build a retirement nest egg on Mr. WALBERG. Mr. Speaker, I yield Let’s be honest about what this regu- their own. 4 minutes to the gentleman from Ten- lation is really about. It is part of an Unfortunately, Congress has not nessee (Mr. ROE), the immediate past assault on small business retirement stepped up to comprehensively address chairman of the Subcommittee on plans that began under the Obama ad- our country’s retirement security chal- Health, Employment, Labor, and Pen- ministration. First, small businesses lenges, but many States have stepped sions. were hit by the fiduciary rule that up and enacted innovative solutions to Mr. ROE of Tennessee. Mr. Speaker, I would make it harder for them to ac- expand working people’s access to re- rise today in support of H.J. Res. 66, a cess the financial advice they need to tirement savings. California passed a resolution that uses the Congressional set up retirement plans for their em- law establishing a program that is esti- Review Act to roll back the Depart- ployees. Then the Obama administra- mated to provide 6.8 million workers ment of Labor’s harmful so-called safe tion created a last-minute regulatory access to a retirement savings plan. In harbor rule. This rule allows States to loophole that could discourage small Illinois, more than a million people are automatically enroll employees in gov- businesses from offering retirement expected to benefit from the State’s re- ernment-run IRAs without the impor- plans in the first place. As a result, tirement savings program. tant consumer protections provided by many families could soon realize, If Six other States have enacted pro- ERISA. This bureaucratic regulation you like your 401(k) plan, you may not grams. Dozens more have considered restricts working families’ access to be able to keep it. proposals to study or implement State- essential plan information required to Because of this loophole, taxpayers based retirement plans. Several of make wise investments, while also in- also are at risk. Many of the States these States have worked with the creasing the risk for financial mis- leading the charge on these govern- Obama administration’s Department of management of State-run IRAs which ment-run plans have a long history of Labor on rules to ensure that their would ultimately fall on the backs of mismanaging public employee pen- workplace retirement savings initia- the taxpayers across the U.S. sions. Today there is an estimated $5 tives did not inadvertently run afoul of Mr. Speaker, there is a retirement trillion in unfunded State pension ERISA, the Federal law establishing crisis occurring in this country. The promises—$5 trillion. That figure is minimum standards for private sector Government Accountability Office re- completely unsustainable. It begs the pensions. ports that 29 percent of Americans age question: Will taxpayers or retirement Last August, the Department of 55 and older have no retirement sav- savers foot the bill if these govern- Labor finalized the rule specifying the ings—zero—and no traditional pension ment-run IRAs are similarly mis- ERISA safe harbor conditions for State plan. Further, nearly 40 million work- managed? payroll deduction retirement savings ing families also haven’t saved a dime However, we are not here today to plans. The rule went into effect last for retirement. This is a serious prob- debate the merits of State policy. To October. lem, and we must work together across be clear, States should be free to exper- In December, the Department of the aisle to pursue policies that make iment with new retirement options, Labor finalized another rule that made it easier, not harder, for families to and more options are certainly needed. certain cities and counties eligible for save. It is up to the voters in each State to the same safe harbor protections. This Unfortunately, the Obama adminis- hold their elected officials accountable. rule only went into effect last month. tration’s answer to the retirement cri- The point of this debate is that States Now, if there are legitimate concerns sis was less consumer choice and more should not be exempt from a law that with the rules, the Trump administra- financial risk. This all started with the has, for decades, provided important tion has the administrative tools avail- Department of Labor’s misguided deci- protections for retirement savers. If able to appropriately amend the final sion to pursue a fiduciary rule which, if States want to come up with new ways rules in the same fair, thoughtful, implemented, will be a disaster for low to help workers save for retirement, transparent manner in which they were and middle class savers. The DOL pub- they can. But they should follow the promulgated. However, this CRA dis- lished a rule that is nearly 1,000 pages law in the process. approval resolution, which was just in- to define the word ‘‘fiduciary.’’ Let me The goal of this resolution is simple. troduced last week, will nullify the say that again, a 1,000-page rule to de- It is to uphold protections Congress— rule that puts a safe harbor in place to fine the word ‘‘fiduciary.’’ I hold in my including Members of both parties— ensure the plans do not run afoul of hand Webster’s Collegiate Dictionary, have long afforded retirement savers. ERISA. At the same time, under the which has a few more pages than that Today we can close a regulatory loop- CRA rules, it would make it impossible to define every word in the English lan- hole that would be detrimental to the to enact a similar rule to protect these guage. This dictionary defines every retirement security of hardworking savings plans in the future without word in the English language, and it Americans, and we can ensure retire- specific congressional approval. takes a thousand-page rule to define fi- ment savers in every State continue to This afternoon, the House will also duciary. have the same protections under Fed- consider a CRA disapproval resolution Does anybody think that is going to eral law. I urge my colleagues to sup- which would overturn the month-old be better for savers? port strong protections for retirement rule aimed at helping certain cities and I seriously doubt it. savers by voting in favor of H.J. Res. counties offer workplace retirement Thankfully, the President is working 66. programs. to delay its implementation. Here we Mr. Speaker, I reserve the balance of Mr. Speaker, Congress should not be are today trying to keep yet another my time. in the business of destabilizing efforts misguided rule from the waning days of Ms. BONAMICI. Mr. Speaker, I yield that increase workers’ ability to save the last administration from taking ef- 3 minutes to the gentleman from Vir- for retirement, and we should not be fect. It should be no surprise that the ginia (Mr. SCOTT), the ranking member going out of our way to undermine Obama administration’s safe harbor of the Committee on Education and the states’ rights to implement their own rule continues to trend toward a lack Workforce. innovative solutions. These two resolu- of consumer choice and more Federal Mr. SCOTT of Virginia. Mr. Speaker, tions represent an attack on our Na- involvement through a patchwork of our country is experiencing a retire- tion’s working families. Congress must bureaucracy. ment security crisis. Nearly 40 million stand up for working people who do not Mr. Speaker, the American people de- private sector workers do not have ac- have access to retirement plans at serve the opportunity to choose their cess to a retirement savings plan at their jobs. America’s working families retirement savings vehicle and not to their jobs. The data and research also deserve an opportunity to be able to be thrust into a government-run IRA show that many middle- and low-in- save enough to retire with dignity and that could eventually fall on the backs come workers lack the ability to save peace of mind. of their fellow taxpayers to fund. I

VerDate Sep 11 2014 03:06 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.044 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1211 have worked tirelessly with my col- would love this, community bankers retirement accounts for the very first leagues in the House to overturn these would love this, and insurance agents time. That is extraordinary. harmful regulations, and I look for- would like to sell these plans, but here In August, the Department of Labor ward to continuing to work with the we can’t find a Republican to sign on. cleared the way for Secure Choice by Trump administration to do just this. So today they are trying to block the ruling that States could move forward I agree with my colleagues across the guidance that provides clarity and with their own programs to help work- aisle wholeheartedly that we need to flexibility to States that want to ers save for retirement. Seven other work together to encourage and create launch their own initiative. This is States are in the process of imple- policies that encourage the American troubling. If these resolutions become menting similar laws, and dozens more people to save for their retirement. law, it would have a chilling effect on are considering their options. Mr. Speaker, I urge my colleagues to State efforts. The States are the lab- The resolution in question today support this resolution. oratories of experimenting on these re- would undo the DOL’s ruling, leaving Ms. BONAMICI. Mr. Speaker, I yield tirement plans because the Federal States in a legal gray area that could 3 minutes to the gentleman from Mas- Government doesn’t get it done. If Re- put these programs in jeopardy. So I sachusetts (Mr. NEAL), the ranking publicans are looking for a single na- ask, Mr. Speaker, is this really how we member of the Committee on Ways and tional effort, let’s work together to de- should be spending our time? Means. velop a Federal auto IRA legislation DOL spent months reviewing public Mr. NEAL. Mr. Speaker, I thank the piece that would work in the interim comments and carefully crafting this doctor for that Webster’s dictionary. and work in the future and help people rule. The House will vote to repeal it That dictionary was published in set up, Mr. Speaker, a responsible re- without a single hearing. Really? We should be doing everything we Springfield, Massachusetts, and I am tirement savings plan. can to encourage savings across the glad that the doctor from Tennessee Mr. WALBERG. Mr. Speaker, I guess board, certainly not voting to making sees it as the last word. the point that I would make again is Mr. Speaker, let me rise in opposi- savings harder for folks. not the fact that we are trying to stop In States across the country, this ef- tion to the CRA resolutions we are de- States from doing this. In fact, this bating today that would block Depart- fort has been bipartisan. I wonder if we CRA does not do that at all. It just would be considering this resolution if ment of Labor regulations on State-run simply says we express our concern retirement programs. Our country is in the rule in question had not been that States would be allowed as a re- issued by a Democratic administra- the midst of a retirement savings cri- sult of what was put through in mid- sis, as duly noted. To address this tion? night fashion that exempted States The word ‘‘irresponsible’’ does not issue, we should be working together to from having to come under the same even begin to do this for what would be help people get into a responsible re- protections of ERISA that we would justice in this area. tirement savings plan. Half the people expect to be covered for all retirement So I urge, Mr. Speaker, a ‘‘no’’ vote who get up to go to work every single plans. That is the challenge. We want on this. Let’s move forward. Let’s day in America are not in a qualified to make sure that retirees’ incomes are allow more States to experiment so savings plan for retirement. protected in a secure, safe way, and they can decide for themselves whether This opportunity here is to begin a that is the value of ERISA. This pro- or not this is something that the folks history lesson. In July of 2007, a decade posal or the rule that was put through in their State want to do. ago, I introduced the Automatic IRA did not cover that, and that is our con- Mr. WALBERG. Mr. Speaker, I yield Act with my Republican Ways and cern, again, protecting retirees. myself such time as I may consume. Means colleague, Phil English. That Mr. Speaker, I reserve the balance of I want to make note that, as we dis- same year, Senators Bingaman and my time. cuss this here today, there have been Smith introduced a companion bill in Ms. BONAMICI. Mr. Speaker, I yield points made about businesses wanting the U.S. Senate. The Brookings Insti- 3 minutes to the gentlewoman from this change, they want to work with tution and The Heritage Foundation California (Mrs. DAVIS), a senior mem- the States, and they are concerned scholars jointly developed my auto IRA ber of the Committee on Education and about liabilities. Well, if that were the concept. So conservatives and liberals the Workforce. case, we wouldn’t have endorsements of came together on a commonsense pro- Mrs. DAVIS of California. Mr. Speak- this coming from the Chamber of Com- posal to make it easier for working er, after the extraordinary events of merce, Air Conditioning Contractors of families to save. this week, I certainly had hoped that America, American Benefits Council, However, fast forward to 2017. I can’t the House would move forward with a NFIB, just looking through, the Small find a Republican to join me in spon- swift investigation into White House Business and Entrepreneurship Coun- soring the auto IRA legislation. Re- dealings with Russia. But, not to be cil, National Federation of Independent member, The Heritage Foundation distracted, it looks like the majority Business, National Electrical Contrac- worked with me to construct this ini- would rather spend the day stripping tors Association, National Black tiative. If we can just keep it amongst retirement benefits from millions. Chamber of Commerce, and I could go ourselves here, being a Democrat from We have known for a long time that on and on, businesses and the business Massachusetts and having a plan that workers who have access to retirement associations and groups that deal with is endorsed by The Heritage Founda- plans through their workplace are this and have concern about their em- tion is not one of our easier endeavors. more likely to save for retirement than ployees, their retirees, having a good But between Brookings, a liberal think those who don’t. It makes sense. and safe mechanism by which to have tank, and Heritage, a conservative their retirement savings protected, b 1445 think tank, we came up with a pretty supporting our efforts here to take good plan. We also know that nearly half of back what took place under the cover Today American families struggle to middle class workers will fall into pov- of darkness, as it were, which took re- prepare for retirement. To make mat- erty when they retire. tiree savings off the benefit of ERISA. ters worse, 55 million Americans work Last year, the State of California did I just want that to be made clear. for employers who don’t offer a retire- a great thing. It established a program I reserve the balance of my time. ment plan. As I noted earlier, that is to provide 7 million Californians with Ms. BONAMICI. Mr. Speaker, just to half the workers between 18 and 64. the tools to save for retirement. clarify, there was a comment made Because of Congress’ failure to act on The Secure Choice program lets that these are government-run plans. any legislation and address the retire- workers who do not have a retirement Under these plans, the States establish ment savings crisis, many States im- plan through their employer contribute the framework for deducting the con- plemented their own auto IRA plans a share of their income to an IRA ac- tributions, but these will be managed based upon the Neal-English bill. In count administered by the State. by investment professionals, not by the fact, 30 States have moved to imple- Under this voluntary program—and I State. ment or are considering a State-facili- stress voluntary—countless Califor- Mr. Speaker, I yield 3 minutes to the tated retirement plan. Credit unions nians will get access to tax preferred gentleman from California (Mr.

VerDate Sep 11 2014 03:06 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.045 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1212 CONGRESSIONAL RECORD — HOUSE February 15, 2017 DESAULNIER), my colleague, and a lead- Mr. WALBERG. Mr. Speaker, I yield to roughly 6.8 million low- to middle- er on the Education and the Workforce myself such time as I may consume. income workers. Committee. We are certainly willing to work with Last Congress, House Republicans Mr. DESAULNIER. Mr. Speaker, I the States and would concur that there unanimously voted to undermine an- thank my good friend from the State of ought to be a laboratory. other Department of Labor rule de- Oregon (Ms. BONAMICI) for the brief op- But again, our concern, and basically signed to protect retirement security portunity to speak. the only concern, that this resolution for working families. In that case, the I did want to speak personally just deals with is that they be managed in rule ensured that workers receive re- briefly on my experience in my pre- such a way that they come under the tirement investment advice that is in vious job in the California legislature protections given under ERISA. And their best interest, referred to as the when I voted for the Secure Choice Act. why do we say that? ‘‘fiduciary rule.’’ Now congressional Then we spent over 4 years working Well, we look at, for instance, Illi- Republicans want to prevent workers with the business community, the in- nois’ unfunded liability. We are look- from participating in voluntary sav- vestment community, and our attor- ing at $114.8 billion at the end of fiscal ings programs. neys to make sure the issues that the year 2016—a State plan managed by, The Department of Labor rule that majority have brought up in regards to yes, an outside manager—but $114.8 bil- the Republicans are now seeking to roll ERISA and other concerns, and I did lion under. We look at California Pub- back provides clarity for States and this specifically as a former small-busi- lic Employees’ Retirement System, employers so that California, and the ness person with the small-business CalPERS, which has a $228.2 billion several other States that have already stakeholders, to make sure these con- shortfall in funding. Oregon’s unfunded enacted similar plans, can provide a cerns were taken care of. We think actuarial liability of the Oregon Public simple savings tool for millions of that they have been taken care of, and Employees Retirement Fund, again, working families. we are proud of the Secure Choice Act. managed by someone for Oregon, of Mr. Speaker, I just don’t understand Close to 7 million Californians and 55 $21.8 billion. If we looked at it all put million people nationwide, most of the arguments that are being made together, we have over $5 trillion un- against the average working person them low- and middle-income, don’t funded liability for State plans man- have access to retirement benefits who would like to have retirement sav- aged by some outside source. ings. I don’t know who is going to ben- through their employer. We are talking That is where our concern comes about people mostly who work for efit if we do away with their ability to from—this rule that was put through— have a savings plan, even if they don’t small businesses where neither the em- that takes people out of the protec- ployer nor the employee can afford to have one under the job that they work tions of ERISA. So we are saying: Have on. Who benefits? Is it Wall Street enroll in expensive Wall Street-type fi- at it, States, but do it according to the nancial advisers. They aren’t able to again? What is happening here, and rules and the protections that are why is it that we have H.J. Res. 66? pay the fees and the expenses. there. That is all we are asking. We This element of the U.S. economy, Mr. WALBERG. Mr. Speaker, we are want retirees’ savings to be protected and at this point I have to agree with not opposing voluntary plans. We are for the purposes that they planned for The New York Times editorial today, not opposing States setting up plans and not come up short some day be- that this resolution appears to be more that will encourage retirement. We are directed towards Wall Street than to cause of a lack of care and the coverage not opposing that. We are just saying Main Street. Wall Street, the financial of ERISA on their plans. we want to make sure they are pro- I reserve the balance of my time. sector, takes around 25 percent of all tected under the same requirements of Ms. BONAMICI. Mr. Speaker, I assure corporate profits in the United States, ERISA that all other plans are. We my colleague that, as someone with a represents 7 percent of the U.S. econ- want to make sure that those dollars consumer protection background, I omy, and creates merely 4 percent of are there when the people need them. would not be opposing this resolution if all jobs. That is all we are saying. We are not it had consumer protections. In fact, The Secure Choice Act was directed opposed to voluntary or plans for re- this rule applies when States have away from those expensive investments tirement. and allowed for a more efficient proc- strict investor protections. Mr. Speaker, I yield 3 minutes to the Mr. Speaker, I yield 2 minutes to the ess for working class Californians and gentleman from Illinois (Mr. ROSKAM), Americans to be able to replicate this gentlewoman from California (Ms. MAXINE WATERS), the ranking member my colleague and good friend, the program and to be able to have a se- chairman of the Ways and Means Sub- cure retirement. of the Financial Services Committee. Ms. MAXINE WATERS of California. committee on Tax Policy. The majority often talks about Mr. ROSKAM. Mr. Speaker, I thank states’ rights and having States be the Mr. Speaker, I thank the gentlewoman Chairman WALBERG. laboratories of creation. I think in for the time. There is an irony here, and it is an California we have done that on mul- Mr. Speaker, I rise today in opposi- irony I think that is worth pointing tiple issues, and certainly on this issue. tion to H.J. Res. 66, which is just a con- Without programs like this, most of tinuation of the House Republicans’ at- out. This is, obviously, in the context, the 55 million private sector Americans tack on working families and their re- like the gentlewoman from California will end up relying on social security tirement security. pointed out, of the fiduciary rule, for more than half of their retirement H.J. Res. 66 would dismantle the De- which we are familiar with. That was income, which averages about less than partment of Labor rule allowing for an effort by the Obama administration $1,400 a month. State-based retirement savings pro- to promulgate a new rule to create a California and seven other States grams. This does nothing more than new standard that would have an im- that have created similar retirement make it harder for this country’s pact, Mr. Speaker, on investment ad- programs are looking out for working roughly 40 million private sector work- vice. families. American workers are doing ers who do not have a way to save for It was clear that the net result of more today than they ever have before. retirement directly out of their regular that was to do what? It would have Over the last 40 years, worker produc- paycheck. crowded people out at the lower end of tivity has risen 73 percent, yet hourly Under the current Department of the economic spectrum, not give them pay has only increased 11 percent. Now Labor rule, State administered retire- access to the coverage or the advice they find their retirement more and ment programs can allow employees, that they needed, because the advice, more in jeopardy. who do not have access to a workplace Mr. Speaker, would have been too ex- I would ask the majority to strongly savings plan, to establish an IRA pensive, and it would have created the reconsider this approach, and to work through a payroll deduction. In my self-fulfilling prophecy, unfortunately, with California and other States to State of California, we have the Cali- where wealthier people, who can afford make sure that we can allow these fornia Secure Choice retirement sav- it, are able to get good advice. Americans to have access to a secure ings program through which the State It was a terrible idea. We worked on retirement. is working to provide a savings option a bipartisan basis. The administration

VerDate Sep 11 2014 03:06 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.047 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1213 wouldn’t have any part of the bipar- tions, like the Chamber and other fi- workers, for employers, and for governments tisan solution. They jammed the rule nancial groups, are worried about this at all levels. down. It was a bad idea. because this is a low-cost, high-impact, SEIU is also deeply concerned with efforts Yet, the same administration, Mr. transparent program that will deliver under the Congressional Review Act (CRA) to circumvent the Executive Branch process Speaker, is now saying to the entities benefits directly to employees. That is of rulemaking and issuing regulatory guid- that we really shouldn’t have con- what more people should have. ance. Using the CRA authority to undo fidence in, that is States and localities I think they are afraid of the model Agency regulations and guidance crafted on these pensions, you have more flexi- and they are not willing to give the carefully and with public input strips away bility. So think about it. Taking away flexibility to the States in retirement the importance of the rulemaking process. flexibility from people who need help, that they are trying to do, throwing Using this authority could significantly locking them out, not intentionally, out the Affordable Care Act and having weaken or undo past and future rules that but locking them out, and yet giving all sorts of innovation there. protect workers. SEIU respectfully urges you to vote more flexibility to the very entities Mr. WALBERG. Mr. Speaker, I re- against resolutions H.J. Res 66 and H.J. Res that have demonstrated that they have serve the balance of my time. 67 disapproving of these important rules. We not used that properly. Ms. BONAMICI. Mr. Speaker, I in- may add votes on this legislation to our leg- It is ironic. I mean, you can’t make clude in the RECORD additional letters islative scorecard. If you have any questions this up, basically. We need to do what in opposition to this resolution. please contact John Gray, Legislative Direc- we can, and here is what we can do. We SERVICE EMPLOYEES tor. can support this resolution, H.J. Res. INTERNATIONAL UNION, Sincerely, 66—and 67—move its passage, reset this Washington, DC, February 13, 2017. MARY KAY HENRY, International President. debate, and fundamentally have a new DEAR REPRESENTATIVE: On behalf of the two million members of the Service Employ- discussion about this, but we don’t SMALL BUSINESS MAJORITY, have to yield to these poor plans from ees International Union (SEID), I urge you to vote against H.J. Res 66 and H.J. Res 67, Washington, DC, February 13, 2017. the Obama administration. resolutions disapproving of the Department Re House Joint Resolutions 66 and 67. b 1500 of Labor’s rules relating to retirement sav- Hon. KEVIN MCCARTHY, ings arrangements established by states and Majority Leader, House of Representatives, Ms. BONAMICI. May I inquire as to qualified state political subdivisions. The Washington, DC. the remaining time. Department of Labor rules make it easier for DEAR MAJORITY LEADER MCCARTHY: As a The SPEAKER pro tempore. The gen- small employers to offer their workers ac- leading representative of the 28 million tlewoman from Oregon has 111⁄2 min- cess to programs for retirement savings and small businesses in America, Small Business utes remaining. achieve an essential component of the Amer- Majority writes today urging you to oppose Ms. BONAMICI. Mr. Speaker, I yield ican dream. HJR 66 and HJR 67, which would overturn 2 minutes to the gentleman from Or- There is a retirement savings crisis in our the U.S. Department of Labor’s rule enabling country. Fifty-five million workers do not states to establish retirement savings plans egon (Mr. BLUMENAUER), a senior mem- have access to a retirement savings plan at for private sector workers. Striking down ber of the Ways and Means Committee. work. As a result, nearly half of all workers this rule would have a chilling effect on Mr. BLUMENAUER. Mr. Speaker, my have no retirement assets—no pension, no states that are setting up their own retire- friend, Mr. ROSKAM, said you can’t 401(k), and no IRA. States have stepped in to ment savings programs, which would be make things up. Well, unfortunately, begin to address this crisis with innovative harmful to small businesses and their em- people are. First and foremost, my col- legislation that gives workers the oppor- ployees. We strongly believe states should be leagues on the other side of the aisle tunity to set aside their own money in low- allowed to decide whether to implement are conflating accounts that are in the fee, professionally managed savings ac- these types of programs and how best to ad- name of individual savers who don’t counts. Importantly, private sector money minister them in order to serve small busi- managers and administrators will be hired to nesses and employees who struggle to save have pensions that would be set up run these programs on behalf of the states, for retirement. under these proposals, with what has generating American jobs. The Department The U.S. currently suffers from a retire- happened with State and local pension of Labor issued rules that clarified that em- ment savings gap of more than $6 trillion, plans and, frankly, private pension ployers would not be subject to the fiduciary and more than three million households do plans that got over their skis, that responsibilities and reporting requirements not have any retirement savings at all. This overpromised, that added to things. of the Employee Retirement Income Secu- lack of savings for retirement disproportion- These are just the accounts that belong rity Act (ERISA) under these state initia- ately affects those who are employed by to individuals. tives. small businesses. Eighty percent of workers In addition to helping workers achieve a employed by businesses with fewer than 25 Now, the hypocrisy strikes me that dignified retirement, the state initiatives employees do not have any sort of pension or my Republican friends want to strip provide small businesses with easy, low-cost retirement plan at all. This is important be- away the protections of the Affordable access to a retirement savings plan. Small cause small businesses employ about half of Care Act and turn it back to the employers are the least likely to offer retire- all private sector workers. Unless small busi- States. Let them do with it what they ment savings plans because the cost can be ness owners and their employees start doing will for Medicaid, for other local health prohibitive and the ERISA requirements can more to prepare for the future, many Ameri- programs. They think that is a great be onerous at the start. The state initiatives cans will not have enough money for their idea. But when governments on the also are fiscally prudent actions that will golden years. save public spending. A new study by Segal Small Business Majority’s state opinion State level like mine spent years devel- Consulting estimated that state Medicaid polling found small business owners struggle oping a proposal that is innovative, costs would be reduced by $5 billion within to offer retirement savings programs due to that would protect people, that would the first ten years of implementation of the a number of barriers, but they want to offer involve no public tax dollars but at state plans. Those savings would grow expo- this benefit to their employees because it least engage people in a low-cost, nentially over time as more workers retired helps them attract and retain talent. What’s transparent savings plan like we all with greater amounts of savings. more, the majority of small employers are have as Federal employees, then they Five states—California, Connecticut, Illi- concerned their employees will not have don’t want innovation, then they don’t nois, Maryland and Oregon—have enacted enough saved for retirement. That’s why legislation and will soon begin taking pay- small businesses overwhelmingly support trust the States, then they want extra roll contributions. About half of states have state efforts to establish state-administered regulation that was never designed for studied or are studying this concept. Massa- retirement savings programs, like the Se- programs like this. chusetts and Vermont are considering legis- cure Choice Savings programs in Illinois and I find it troubling that we would take lation that would also allow employer con- California. a low-cost, high-impact program that tributions. Contrary to misinformation When implemented, these programs will has been developed in a number of being spread about these plans, the program offer a convenient and affordable option for States to help savers who have no pro- funds are not guaranteed by the state, and small businesses and their employees to save gram, that the private sector doesn’t state and participating employers will have for the future. What’s more, these programs no liability for the payment of retirement will not be funded by taxpayer dollars, and think they are important enough to in- funds earned by the participants. These state employers will not contribute to funds, man- vest in—or it is not worth their while— plans are bipartisan public/private initia- age funds or have any responsibility for fi- and strip that away. I think there is a tives that appropriately use states as labora- nancial advice for their employees’ invest- reason why some business organiza- tories for innovation. They are a win for ments.

VerDate Sep 11 2014 03:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.048 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1214 CONGRESSIONAL RECORD — HOUSE February 15, 2017 Business owners know offering benefits would apply. Many of these programs are pursuing options such as Voluntary Multiple like retirement savings create a happier and modeled off of the 529 College Savings Plans Employer Plans (MEPs) and marketplace more productive staff, which in turn leads to or supplemental public retirement plans that concepts. These plans would follow all rel- increased productivity. Many small business states administer today. evant guidelines and other noted regula- owners think of their employees as family, States are pursuing a multitude of solu- tions, and current consumer protections so it’s not surprising they support programs tions to address this growing retirement sav- would apply. Many of these programs are that enable them to foster a happier work- ings crisis. We request that you vote ‘‘No’’ modeled off of the 529 College Savings Plans force while protecting their workers and on H.J. Res 66 and H.J. Res 67 with the un- or supplemental public retirement plans that their bottom line. derstanding that the US DOL rule provides states administer today. Additionally, programs like these help important flexibility to states and large mu- States are pursuing a multitude of solu- level the playing field between small busi- nicipalities as they seek to address the grow- tions to address this growing retirement sav- nesses that want to offer retirement benefits ing retirement crisis facing this country. We ings crisis. We request that you vote ‘‘No’’ but can’t, and their larger counterparts that insist that states be allowed to maintain on H.J. Res 66 and H.J. Res 67 with the un- can. This helps small businesses compete for their constitutional rights to implement derstanding that the US DOL rule provides the best employees, and gives employers such legislation. important flexibility to states and large mu- peace of mind that they are doing what’s We are happy to provide additional infor- nicipalities as they seek to address the grow- best for their workers. mation or answer any questions. Thank you ing retirement crisis facing this country. We Small employers need retirement savings for your support. insist that states and large municipalities be options for their employees that make sense Sincerely, for their business and their bottom line. Beth Pearce, Vermont State Treasurer; Jo- allowed to maintain their constitutional State-administered retirement savings pro- seph Torsella, Pennsylvania State Treasurer; rights to implement such legislation. grams, like those currently being established Allison Ball, Kentucky State Treasurer; Ron We are happy to provide additional infor- in California and Illinois, can help many Crane, Idaho State Treasurer; David Da mation or answer any questions. Thank you small business employees better save for mschen, Utah State Treasurer; Kelly Mitch- for your support. their futures. We urge you to uphold the ell, Indiana State Treasurer; Tobias Read, Sincerely, Labor Department’s rule and allow states to Oregon State Treasurer; Lynn Fitch, Mis- TIM BURGESS, decide how best to serve their small busi- sissippi State Treasurer; Terry Hayes, Maine Seattle City Council, nesses and private sector workers. State Treasurer; Michael Frerichs, Illinois Finance Chair. Sincerely, State Treasurer; John Chiang, California SCOTT M. STRINGER, JOHN ARENSMEYER. State Treasurer; Brian Bonlender, Director, New York City Comp- Washington State Department of Commerce; troller. TUESDAY, FEBRUARY 14, 2017. Nancy Kopp, Maryland State Treasurer; ALAN L. BUTKOVITZ, Hon. PAUL RYAN, Kevin Lembo, Connecticut State Comp- Philadelphia City Speaker of the House, troller; Ron Henson, Louisiana State Treas- Controller. Washington, DC. urer. SPEAKER RYAN: Nearly 55 million workers FEBRUARY 15, 2017. across the country lack access to employer- FEBRUARY 14, 2017. HOUSE OF REPRESENTATIVES, sponsored retirement plans, and millions Hon. PAUL RYAN, Washington, DC. more fail to take full advantage of employer- Speaker of the House, supported plans. Without access to easy and Washington, DC. DEAR REPRESENTATIVE: We are writing to affordable retirement savings options, far SPEAKER RYAN, Nearly 55 million workers strongly oppose H.J.Res 66, which overturns too many workers are on track to retire into across the country lack access to employer- the recent Department of Labor rule sup- poverty where they will depend on Social Se- sponsored retirement plans, and millions porting states’ efforts to establish retire- curity, state, and federal benefit programs more fail to take full advantage of employer- ment savings plans for non-governmental for their most basic retirement needs. States supported plans. Without access to easy and workers. As a national, non-partisan Millen- across the country have been innovating to affordable retirement savings options, far nial research and advocacy organization, we address this problem. We are writing to re- too many workers are on track to retire into have been working hard to strengthen the fi- spectfully urge you to protect the rights of poverty where they will depend on Social Se- nancial security of young adults by increas- states and large municipalities to implement curity, state, and federal benefit programs ing access to retirement savings plans. This their own, unique approaches. for their most basic retirement needs. States legislation may have a chilling effect on the Last week, two resolutions of disapproval across the country have been innovating to implementation of Secure Choice, an impor- (H.J. Res 66, H.J. Res 67) were introduced to address this problem. We are writing to re- tant new program that will help address the repeal key Department of Labor (US DOL) spectfully urge you to protect the rights of looming retirement crisis without costing rules. If passed, these resolutions would states and large municipalities to implement taxpayers a dime. make it more difficult for states and munici- their own, unique approaches. Changing dynamics in the workforce mean palities to seek solutions to the growing re- Last week, two resolutions of disapproval that Millennials tend to work in industries tirement savings crisis. We ask that you sup- (H.J. Res 66, H.J. Res 67) were introduced to that offer lower wages and fewer benefits. port the role of states as policy innovators repeal key Department of Labor (US DOL) Despite an interest in saving the small by voting ‘‘No’’ on H.J. Res 66 and H.J. Res rules. If passed, these resolutions would amounts of discretionary income they do 67. make it more difficult for states and munici- have, many young adults do not have access Thirty states and municipalities are in the palities to seek solutions to the growing re- to workplace retirement savings plans, in- process of implementing or exploring the es- tirement savings crisis. We ask that you sup- cluding less than half of low-income Millen- tablishment of state-facilitated, private-sec- port the role of states as policy innovators nial workers. Young adults are significantly tor retirement programs. Eight states have by voting ‘‘No’’ on H.J. Res 66 and H.J. Res less financially secure today than their par- passed legislation to allow individuals to 67. ents were just one generation ago: 25–34 save their own earnings for retirement (no Thirty states and municipalities are in the year-old Millennials have half the net wealth employer funds are involved as these are not process of implementing or exploring the es- and earn 20 percent lower incomes when defined benefit plans). While most state and tablishment of state-facilitated, private-sec- compared to 25–34 year-old Baby Boomers. municipal plans will be governed by inde- tor retirement programs. Eight states have Limiting access to tools for saving makes pendent boards, the day-to-day investment passed legislation to allow individuals to catching up financially that much more management and recordkeeping would not be save their own earnings for retirement (no challenging for this generation. conducted by the state, but rather by private employer funds are involved as these are not sector firms—the same financial institutions defined benefit plans). While most state and Many states have worked diligently for that currently provide retirement savings municipal plans will be governed by inde- over four years to develop Secure Choice, products. These programs would apply to pendent boards, the day-to-day investment which will provide workers who do not have businesses that don’t currently offer a retire- management and recordkeeping would not be access to a workplace retirement plan a sim- ment plan, and would in no way limit an em- conducted by the state, but rather by private ple, voluntary, low-cost, and portable retire- ployer’s ability to seek out and offer their sector firms—the same financial institutions ment plan. Experts agree that direct con- own employer-sponsored plan. that currently provide retirement savings tributions from a paycheck into a retirement Many states and municipalities are plan- products. These programs would apply to account is the simplest and most effective ning to use Individual Retirement Accounts businesses that don’t currently offer a retire- way for individuals to save. (IRAs) that will be wholly owned and con- ment plan, and would in no way limit an em- This is why support among Millennials for trolled by the participant, while others are ployer’s ability to seek out and offer their a state facilitated retirement savings plan pursuing options such as Voluntary Multiple own employer-sponsored plan. like Secure Choice is extraordinarily high: Employer Plans (MEPs) and marketplace Many states and municipalities are plan- over 85 percent of young adults across polit- concepts. These plans would follow all rel- ning to use Individual Retirement Accounts ical affiliation and ideology support ‘‘a vol- evant guidelines and other noted regula- (IRAs) that will be wholly owned and con- untary option for workers without a way to tions, and current consumer protections trolled by the participant, while others are save for retirement at work.’’

VerDate Sep 11 2014 03:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.025 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1215 We urge you to oppose H.J.Res 66 and allow against H.J.Res.66 and support states’ rights matic IRA programs. It also provides that individual states to develop the tools young to create these programs. states that offer these programs are not sub- Americans need to save for retirement. Sincerely, ject to ERISA despite considerable opinions Sincerely, KEVIN LEMBO, to the contrary. Thus the DOL is encour- YOUNG INVINCIBLES. State Comptroller. aging state and local governments to provide Ms. BONAMICI. I yield 2 minutes to private sector employees retirement pro- grams that do not have the same high-level STATE OF CONNECTICUT, the gentlewoman from Illinois (Ms. protections as other private employer-spon- OFFICE OF THE STATE COMPTROLLER, SCHAKOWSKY), the co-chair of the Con- sored plans. Hartford, CT, February 14, 2017. gressional Task Force on Seniors. Below we highlight a number of our con- Hon. JOE COURTNEY: Ms. SCHAKOWSKY. Mr. Speaker, I cerns with the ‘‘safe harbor.’’ Rayburn House Office Building, thank the gentlewoman for yielding Lost worker protections—States offering Washington, DC. and her leadership on the Working these plans to private sector employees are not subject to ERISA, therefore limiting the DEAR REPRESENTATIVE COURTNEY: I am Families Agenda. writing to seek your support in preserving protections for workers in these plans. and strengthening the rights of Connecticut Get this: Americans over 44 years of Different standards from state to state re- and other states to address a growing retire- age are more afraid of running out of sult in an administrative quagmire for em- ment savings crisis that threatens our state income in retirement than they are ployers—States can and will have different and national economy. afraid of dying. Median retirement sav- rules for their programs, so employers oper- ating in multiple states, or just with work- I am proud that Connecticut is among the ings in the United States of America is only $2,500. We have a retirement cri- ers from multiple states, will have to track states leading the way for retirement secu- the complex web of varying rules to ensure rity. The Connecticut Retirement Security sis. Only my Republican colleagues compliance. Authority savings program will ensure that haven’t gotten the message. Fewer employer plans, especially among retirement savings opportunities are more The New York Times asked: ‘‘Who’d small businesses—If a state mandates auto- readily attainable for the 600,000 private-sec- Want to Limit Retirement Plans?’’ and IRAs, some employers will decide to avoid tor workers who lack access to a retirement answered with two words: ‘‘House Re- taking on the work of offering their own savings plan through the workplace and who plans and let the state take it on instead, re- deserve financial security after a lifetime of publicans.’’ It isn’t just that Republicans haven’t sulting in the loss of significant retirement work. savings opportunities for their workers. made retirement security a priority; According to Connecticut-specific data Mismanagement of state pension funds— from the Schwartz Center for Economic Pol- they are actually working against it. Many states have mismanaged their public icy Analysis at The New School, between They oppose the rule that saves retir- employee retirement systems, and it’s not 2000 and 2010, employers offering a retire- ees up to $17 billion a year, lost to bad clear they’ll do a better job controlling as- ment plan declined from 66 percent to 59 per- investment advice, a rule that simply sets of millions of small private sector sav- cent. In other words, four out of 10 workers requires financial advisers to give ad- ers. Also, some state pension funds restrict residing in Connecticut do not have access to investments to favor state initiatives or en- vice that is in the client’s best inter- gage in politically motivated investment and a retirement plan at work. est, not their own. divestment schemes instead of investing in In Connecticut’s market analysis con- Today Republicans are trying to pre- the economic interest of the workers. ducted by Boston College, we found that vent States and cities from expanding Imposes a mandate on private employers— these uncovered workers were more likely to private retirement savings. Nearly 1.3 The ‘‘safe harbor’’ requires that the state earn lower income and are largely unserved million workers in my State, Illinois, program mandate employer participation by the financial sector, so their needs are even though retirement savings plans are often different from other 401(k) partici- lack job-based retirement savings op- traditionally voluntary. pants. It is important to protect against a tions. State Senator Daniel Biss won We urge Congress to take timely action transfer of wealth from the bottom to the passage of the Illinois Secure Choice under the CRA to vitiate these misguided top because high fees on low dollar accounts Savings Program that creates a retire- regulations. We thank you for addressing are a huge obstacle to retirement savings, ment plan with automatic deductions this important issue. particularly for lower income workers. that has proven successful in increas- Sincerely, Air Conditioning Contractors of America, There is an entire generation of employees, ing individual retirement savings. Last American Benefits Council, American Com- many of them lifelong hard-working middle summer, the U.S. Department of Labor posites Manufacturers Association, Finan- class people, who are headed to retirement acted to move this plan forward for Il- cial Services Institute, Financial Services financially unequipped, in part due to lack of linois and other States. Roundtable, Heating Air-conditioning & Re- access to a workplace-based retirement sav- Today we face Republican efforts to frigeration Distributors International ings option. This is a problem, not only for block action, to overturn the Depart- (HARDI), Insured Retirement Institute, those individuals and families who are finan- International Franchise Association, Invest- cially forced to delay retirement indefi- ment of Labor rule and jeopardize the financial security of 1.3 million Illinois ment Company Institute, National Associa- nitely, but for our entire state and economy. tion of Insurance and Financial Advisors In many cases, these individuals may be workers and millions of others across (NAIFA), National Black Chamber of Com- forced to turn to the state for assistance the country without access to job- merce. with health care, nursing care, food, housing, based retirement plans. National Electrical Contractors Associa- energy or other costly services. There is a saying: ‘‘Lead, follow, or tion, National Federation of Independent The goal is not to compete or replace the get out of the way.’’ If my Republican Business, National Retail Federation, Sec- private market, but to fulfill a significant colleagues won’t lead or follow, at least ondary Materials and Recycled Textiles As- unmet need in the market that must be an- they should get out of Illinois’ way. sociation (SMART), Small Business & Entre- swered for the sake of those families and our preneurship Council, Small Business Council I urge a ‘‘no’’ vote. of America, Small Business Legislative entire state economy. The market is cur- Mr. WALBERG. Mr. Speaker, I in- rently failing to reach nearly half of our Council, Society for Human Resource Man- workforce even though the demand is there clude in the RECORD a letter, under- agement, The ESOP Association, The Latino According to an AARP 2015 survey, 64% of signed, representing thousands of busi- Coalition, U.S. Chamber of Commerce. small businesses in Connecticut that were nesses, individual employees, and retir- State Chapters of NAIFA not offering a retirement plan stated that ees from almost two dozen specific NAIFA—Alabama, NAIFA—Alaska, they would take advantage of a state plan if groups in support of H.J. Res. 66. NAIFA—Arizona, NAIFA—Arkansas, it were offered. NAIFA—California, NAIFA—Colorado, FEBRUARY 13, 2017. NAIFA—Connecticut, NAIFA—Delaware, Connecticut was heartened by the U.S. De- TO THE MEMBERS OF THE UNITED STATES NAIFA—Florida, NAIFA—Georgia, NAIFA partment of Labor rule last August, pro- CONGRESS: The undersigned organizations, Greater Washington D.C., NAIFA—Guam, viding a safe harbor for states to conduct representing thousands of businesses, express NAIFA—Hawaii, NAIFA—Idaho. these programs. While we have been advised our support for H.J. Res. 66 and H.J. Res. 67, NAIFA—Illinois, NAIFA—Indiana, by several ERISA attorneys that the U.S. resolutions of disapproval under the Congres- NAIFA—Iowa, NAIFA—Kansas, NAIFA— Department of Labor rule was not required, sional Review Act (‘‘CRA’’) to invalidate the Kentucky, NAIFA—Louisiana, NAIFA— and that states already have the right to es- Department of Labor’s (‘‘DOL’’) ‘‘safe har- Maine, NAIFA—Maryland, NAIFA—Massa- tablish such programs, the proposed bills bor’’ regulations on Savings Arrangements chusetts, NAIFA—Michigan, NAIFA—Min- nullifying the U.S. Department of Labor rule Established by State and Political Subdivi- nesota, NAIFA—Mississippi, NAIFA—Mis- and attempting to roll back states’ rights sions for Non-Governmental Employees. souri, NAIFA—Montana. may create a chilling effect on the compa- These ‘‘safe harbor’’ regulations allow NAIFA—Nebraska, NAIFA—Nevada, nies who would want to administer these states and cities to mandate private em- NAIFA—New Hampshire, NAIFA—New Jer- programs. I strongly urge you to vote ployer participation in state-sponsored auto- sey, NAIFA—New Mexico, NAIFA—New

VerDate Sep 11 2014 05:37 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.029 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1216 CONGRESSIONAL RECORD — HOUSE February 15, 2017 York, NAIFA—North Carolina, NAIFA— private sector workers, which H.J. Res. to slash Medicaid and they destroy the North Dakota, NAIFA—Ohio, NAIFA—Okla- 66 and 67 would roll back. sacred guarantee of Medicare. homa, NAIFA—Oregon, NAIFA—Pennsyl- More than half the States are consid- Yet, once again, Republicans have vania, NAIFA—Puerto Rico, NAIFA—Rhode ering similar action to improve retire- come to this floor not with the retire- Island. NAIFA—South Carolina, NAIFA—South ment readiness, and these plans help ment security of hardworking families Dakota, NAIFA—Tennessee, NAIFA—Texas, small businesses offer savings plans for in mind, but with a greedy Wall Street NAIFA—Utah, NAIFA—Vermont, NAIFA— their employees without imposing fi- first agenda. Virginia, NAIFA—Washington, NAIFA— nancial burdens. Under the Obama administration, the West Virginia, NAIFA—Wisconsin, NAIFA— The SPEAKER pro tempore. The Department of Labor empowered the Wyoming. time of the gentlewoman has expired. States to create innovative solutions Mr. WALBERG. Mr. Speaker, I re- Ms. BONAMICI. Mr. Speaker, I yield to the retirement savings crisis. The serve the balance of my time. an additional 10 seconds to the gentle- gentleman is talking about—some of Ms. BONAMICI. Mr. Speaker, I yield woman. these savings didn’t even exist when we 2 minutes to the gentlewoman from Ms. KAPTUR. Mr. Speaker, so what had the majority. Ohio (Ms. KAPTUR), a senior member of do Congressional Republicans have as In States across the Nation, the the Appropriations Committee. an alternative solution? Nothing. great laboratories of our democracy Ms. KAPTUR. Mr. Speaker, America The cost to roll this rule back is sig- went to work just as they should. My should no longer be shocked with the nificant. It is not good for retirees or State of California decided to create Republican mantra of ‘‘no’’ to every- workers, and it maintains the growing something called Secure Choice, a thing—that is, until Wall Street and burden on taxpayers who fund assist- State-run retirement plan that allows the financial services industry calls. ance programs. employees to be auto-enrolled into an Today’s action on H.J. Res. 66 and 67 il- I urge all of my colleagues to reject IRA if they work for a business with lustrates this unfortunate reality. this shortsighted action. Stand up for five or more employees. Congressional Republicans once the American working class and oppose In doing so, California will give al- again are putting the financial indus- both H.J. Res. 66 and H.J. Res. 67. most 7 million workers access to re- try ahead of average American work- Mr. WALBERG. Mr. Speaker, I just tirement savings—no substitute for a ers. Their attempt to roll back Presi- make one comment that, when my col- pension or a 401(k), but a vital step to- dent Obama’s Department of Labor leagues on the other side of the aisle ward a greater retirement security. rules, which expanded working fami- had both Houses and the White House Other States have stepped forward with lies’ abilities to save their own retire- and the opportunity to do these re- their own plan, the gentlewoman’s ment money through State- and large- forms, they weren’t done. Yet, now, State of Oregon being one of them: Or- city-administered retirement savings when we stand with great concern be- egon, California, Illinois, Washington programs. The Republican proposal re- cause of a midnight rule that was put State, Connecticut. stricts saving options for working peo- through that takes away the security The Republican measure targets ple. of retirees in programs that will be, as workers’ savings accounts in those For years, Republicans have hawked I said earlier, foisted upon employers States and chills efforts to foster re- a false crisis about Social Security sol- to automatically enroll their employ- tirement savings accounts in some 20 vency; meanwhile, now they are pro- ees into government-run IRAs—allow- other States. In some cities, including posing a very real retirement security ing the same States to skirt the Fed- the city of our chair, Mr. CROWLEY, crisis for America’s seniors. We are eral law of ERISA—and deny workers New York City is attempting to move nearing a boiling point. The difference important protections, we are pushed in that direction. between what average Americans have back on. So today, instead of supporting saved for retirement and where their I have some concern about that. States’ innovation—this is a states’ savings should be is staggering: more When the opportunity to do what they rights bill to the party of states’ than $6 trillion in shortfalls. say they want to be done could have rights—Republicans have decided Wall Roughly half of all U.S. families have been done with both Houses under con- Street’s profits are more important no money set aside for retirement. trol of the same party and the White than workers’ retirement savings. Thirty-nine million Americans don’t House, this was not undertaken. Yet we This Republican resolution is op- have access to a workplace retirement are called out and told that we are posed by the AARP, the National Con- savings plan. Even Americans who hurting retirees when, in fact, we are ference of State Legislatures, the AFL– work diligently to save for retirement giving assurances to retirees that you CIO. In fact, the AARP letter to Con- are falling behind. With 10,000 Amer- will come under the same protections gress states, starts, as a matter of fact: ican seniors reaching retirement age regardless of where you go, and we ex- On behalf of hardworking Americans who every day, enormous strain on the Fed- pect that to be the case because it has struggle to save for retirement, AARP urges eral budget is mounting to make up worked. That is decried. I find that less you to vote against a Congressional Review the difference. Act resolution to overturn the Department than objective in its honesty. of Labor’s final rule on ‘‘Savings Arrange- Today most workers don’t have a Mr. Speaker, I reserve the balance of ments Established by States for Non-Govern- pension. Those that do, can’t be so sure my time. mental Employees.’’ it will be there throughout their golden Ms. BONAMICI. Mr. Speaker, I yield And while Republicans race to do the years. There has been a dramatic de- 1 minute to the gentlewoman from bidding of their Wall Street friends, cline in guaranteed retirement benefits California (Ms. PELOSI), the Demo- they still have not lifted a finger to through employer support. cratic leader of the U.S. House of Rep- create more good-paying jobs for hard- Without access to easy and affordable resentatives. working Americans. savings vehicles, far too many Amer- Ms. PELOSI. Mr. Speaker, I thank ican workers will retire into poverty. the gentlewoman for her hard work on b 1515 This leads to overreliance on Social Se- this important issue. Let’s just make a comparison. On curity and other State and Federal as- Mr. Speaker, every American should Friday, it will be 4 weeks since Presi- sistance programs. It surely isn’t the be able to trust in the promise that, dent Trump took office. American Dream. after a life of hard work, a secure and Let’s go back 8 years to when Presi- President Obama identified this cri- dignified retirement will be there for dent Obama took office. On January 20, sis. He spoke to Congress about trying them. But today, that promise is at 2009, President Obama stood on the to work together to address it through risk. Half of all private sector employ- steps of the Capitol and asked for swift, bipartisan action, but our Republican ees in America, almost 60 million peo- bold action now to create good-paying colleagues said ‘‘no.’’ Their failure to ple, do not have access to any type of jobs, to establish education for the 21st act drove President Obama to coordi- employer-sponsored retirement plan. century, and the list goes on for swift, nate with States, eight of which have It is a problem that Republicans bold action now. already passed laws to create State-ad- should remember when they plan to One week and one day later, the ministered retirement programs for raise costs on seniors, when they work House passed the American Recovery

VerDate Sep 11 2014 03:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.031 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1217 and Reinvestment Act. One week after retirement security of millions of novative solutions. There is a gap. that, the Senate passed the bill. And on Americans. I don’t get why the major- That is why so many people today do February 17, which would be Friday of ity is so determined to go after the re- not have retirement savings. this week, 4 weeks since the inaugura- tirement security of so many millions Colleagues, please join us in opposing tion of President Obama, President of Americans across this country, but H.J. Res. 66. Obama signed into law the American that is what H.J. Res. 66 would do. Recovery and Reinvestment Act, which It may get harder for everyday Amer- I yield back the balance of my time. created or saved around 4 million jobs icans to prepare for their retirement. Mr. WALBERG. Mr. Speaker, I yield of the American people, stopping the The resolution we are considering myself the balance of my time, and I loss of jobs that existed in the Bush ad- today would prevent State govern- express appreciation for the full- ministration. That is something that is ments—it doesn’t make any sense to do throated debate that went on here. It is so remarkable. this—from providing retirement sav- good to do that. So where is the jobs bill from the Re- ings opportunities for their citizens. It is good for the opportunity to The fact of the matter is, as was just publicans? Wasn’t this election about make it very clear that retirement se- alluded to, this resolution was designed jobs? Where is their jobs bill? Where is curity is a significant challenge facing at the behest of Wall Street and well- the infrastructure bill? this country. We have said that. I am By the way, President Obama also connected lobbyists to sideline com- glad that on the floor of the House passed the Lilly Ledbetter Fair Pay petition and transparent financial today both sides of the aisle indicated Act even before the American Recovery products in the retirement savings concerns for that. Far too many men and Reinvestment Act. He also signed market. But this isn’t the first time. and women are struggling to save for the SCHIP program, which had bipar- They put all their energy behind their retirement years. tisan support in the Congress and much blocking the automatic IRA when it more. was a proposal that came forward a few Unfortunately, in recent years, we This do-nothing Congress, except do years back, even though it was a Herit- have seen regulations like the fidu- stuff for your friends who will exploit age Foundation proposal. Then they ciary rule that will make it harder for the environment, clean air, clean went after the fiduciary rule that low- and middle-income families to water—you name it—retirement sav- President Obama and the Department save for retirement. And we have seen ings, has done nothing. of Labor sought to put in place that a regulation that would strip away im- As I said, within 4 weeks of the would protect our retirees from unscru- portant protections for retirement sav- Obama administration, all those bills pulous investment advisers. ers. had passed. Then President Trump comes in with As policymakers, we must do more to Today is February 15, and I ask my an executive order to undo what the expand retirement options for workers. Republican colleagues: Where is your Department of Labor was trying to do. That is a given. That we can agree on. jobs bill? Why do you have time for So we shouldn’t be surprised by this ac- However, the regulatory loophole cre- Wall Street’s agenda, but no plans to tion, but we ought to be furious about ated by the Obama administration is create jobs for hardworking Ameri- it. clearly not the answer. cans? My State, Maryland, was one of the This is the people’s House. We must States that tried to figure out how to I want to remind my colleagues that do the people’s business. You must do a protect retirees because we couldn’t this resolution does not prevent States better job by the people we serve. When get it done up here. Now, what are we from coming up with new retirement you are ready to do that, we look for- doing? The party of states’ rights is ad- options for workers. That is not what ward to working with you in that re- vancing a Congressional Review Act this resolution is about, and simply gard. resolution designed to hinder State leg- reading it will assure you of that. I join the AARP in urging a ‘‘no’’ islatures that are working to provide This resolution is about ensuring vote on this ill-advised CRA. access to safe and affordable retire- every American has strong protections Mr. WALBERG. Mr. Speaker, I yield ment savings options for their citizens. for a secure retirement. myself such time as I may consume. We shouldn’t allow this to happen. I urge my colleagues to protect re- In response to the gentlewoman from I encourage my colleagues to reject tirement savers by voting in favor of California, I would just say that much this senseless resolution. H.J. Res. 66. of what we have been doing for the past Mr. WALBERG. Mr. Speaker, I re- 4 weeks on the floor, including today, serve the balance of my time. I yield back the balance of my time. is trying to give a shot in the arm to Ms. BONAMICI. Mr. Speaker, I yield The SPEAKER pro tempore. All time our economy, to our workers, our myself such time as I may consume. for debate has expired. workforce, our retirees, and savers to I thank all of my colleagues who Pursuant to House Resolution 116, take off some of the traps that have came this afternoon to speak in opposi- the previous question is ordered on the been put in place that have frustrated tion to this resolution. It shows how joint resolution. this economy and the growth of this important it is to the working people economy for 8 years. in our States and in our districts. The question is on the engrossment There is a reason for what took place These are people who do not have a re- and third reading of the joint resolu- at the ballot box. And the expectation tirement plan. That is who we are tion. is that we move to take some of the looking out for. The joint resolution was ordered to clamps of the Federal Government off I urge all my colleagues today to be engrossed and read a third time, and the private sector, the States, the local stand up for workers who deserve that was read the third time. communities, and, more importantly, chance at saving for retirement and The SPEAKER pro tempore. The the citizens of this country. who will get that chance because Or- question is on passage of the joint reso- I reserve the balance of my time. egon and other States have stepped up Ms. BONAMICI. Mr. Speaker, I would and are taking action. lution. like to inquire as to the remaining Again, the Department of Labor safe The question was taken; and the time, please. harbor rule applies to States that have Speaker pro tempore announced that The SPEAKER pro tempore. The gen- strict investor protections. We the ayes appeared to have it. tlewoman from Oregon has 41⁄4 minutes wouldn’t be here today if those strict Ms. BONAMICI. Mr. Speaker, on that remaining. investor protections were not main- I demand the yeas and nays. Ms. BONAMICI. Mr. Speaker, I yield tained. 2 minutes to the gentleman from Mary- I especially urge my colleagues, par- The yeas and nays were ordered. land (Mr. SARBANES). ticularly those of us who are concerned The SPEAKER pro tempore. Pursu- Mr. SARBANES. Mr. Speaker, I rise about states’ rights, not to undermine ant to clause 8 of rule XX, further pro- today in opposition to yet another States like Oregon and all the others ceedings on this question will be post- reckless attack by the majority on the that have stepped up to create these in- poned.

VerDate Sep 11 2014 03:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.055 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1218 CONGRESSIONAL RECORD — HOUSE February 15, 2017 DISAPPROVING RULE SUBMITTED work of rules that vary across cities terest. New York City’s comptroller BY DEPARTMENT OF LABOR RE- and counties, even in the same State. has noted that 57 percent of the city’s LATING TO SAVINGS ARRANGE- As I mentioned during the earlier de- private sector workers do not have ac- MENTS BY QUALIFIED STATE bate, States and cities should be free to cess to a retirement plan at their place POLITICAL SUBDIVISIONS FOR experiment with new ways to help of employment. NON-GOVERNMENTAL EMPLOY- workers save for retirement. All this This final rule just went into effect EES resolution says is that they must fol- last month, and now my friends on the other side of the aisle are rushing to Mr. WALBERG. Mr. Speaker, pursu- low the law and provide retirement repeal the rule and prevent the Labor ant to House Resolution 116, I call up savers strong protections. That is a Department from issuing any substan- the joint resolution (H.J. Res. 67) dis- commonsense idea that we should all get behind. tially similar rule in the future. approving the rule submitted by the Congress should be in the business of Department of Labor relating to sav- I urge my colleagues to support H.J. Res. 67. helping people save for retirement, not ings arrangements established by in the business of unfairly limiting or qualified State political subdivisions I reserve the balance of my time. Ms. BONAMICI. Mr. Speaker, I yield jeopardizing workers’ ability to save for non-governmental employees, and for retirement; nor should Congress go ask for its immediate consideration in myself such time as I may consume. I rise in strong opposition to H.J. out of its way to undermine the rights the House. of cities and counties to implement in- The Clerk read the title of the joint Res. 67, which would nullify the De- partment of Labor rule enabling cer- novative solutions that are needed for resolution. their residents. The SPEAKER pro tempore. Pursu- tain State political subdivisions, such as cities or counties, to establish pay- I urge my colleagues to reject H.J. ant to House Resolution 116, the joint Res. 67 and get to work on meaningful resolution is considered read. roll deduction retirement savings plans. solutions to address our country’s re- The text of the joint resolution is as tirement security crisis. America’s follows: Working families across the country deserve the opportunity to retire with working families deserve the oppor- H.J. RES. 67 security and dignity. That is not a re- tunity to be able to save enough to re- Resolved by the Senate and House of Rep- ality for millions of Americans. In fact, tire with dignity and security. resentatives of the United States of America in Mr. Speaker, I reserve the balance of about 40 million private sector workers Congress assembled, That Congress dis- my time. approves the rule submitted by the Depart- do not have access to retirement sav- Mr. WALBERG. Mr. Speaker, I yield ment of Labor relating to ‘‘Savings Arrange- ings plans at their jobs and are strug- such time as he may consume to the ments Established by Qualified State Polit- gling to make ends meet. gentleman from Florida (Mr. FRANCIS ical Subdivisions for Non-Governmental Em- Several States, including my home ployees’’ (published at 81 Fed. Reg. 92639 (De- ROONEY), who evidenced his complete State of Oregon, have developed and commitment to meeting the needs of cember 20, 2016)), and such rule shall have no are ready to implement innovative so- force or effect. all people by receiving an ambassador- lutions that will help workers save for The SPEAKER pro tempore. The gen- ship and performing duties very well to retirement. Municipalities are also in- the Holy See. tleman from Michigan (Mr. WALBERG) terested in stepping up to address this and the gentlewoman from Oregon (Ms. Mr. FRANCIS ROONEY of Florida. challenge and help their residents save. Mr. Speaker, I rise today in strong sup- BONAMICI) each will control 30 minutes. These are people who do not have a port of H.J. Res. 67, a resolution which The Chair recognizes the gentleman plan currently. They want help; they from Michigan. will protect individual savers for their need help in saving. retirement and small business retire- GENERAL LEAVE So in August of 2016, the Department ment plans. Mr. WALBERG. Mr. Speaker, I ask of Labor issued its final rule providing I was proud to introduce this resolu- unanimous consent that all Members guidance and clarity to States and pri- tion to affirm the bipartisan protec- may have 5 legislative days in which to vate sector employees on the kind of tions the ERISA law has afforded revise and extend their remarks and in- State-based payroll deduction retire- workers and retirees for decades. clude extraneous material on H.J. Res. ment savings programs that would not ERISA offers important legal safe- 67. be subject to ERISA, the Employee Re- guards so workers and retirees will re- The SPEAKER pro tempore. Is there tirement Income Security Act. ceive their hard-earned savings. objection to the request of the gen- As part of that August 2016 final rule, We need Federal Government policies tleman from Michigan? the Department of Labor indicated that will empower workers to save for There was no objection. that it would initiate another rule- their retirement and incentivize small Mr. WALBERG. Mr. Speaker, I yield making process to consider whether businesses to offer 401(k) plans to their myself such time as I may consume. and how to include other jurisdictions. employees. I rise today in support of H.J. Res. 67, The Department of Labor invited and H.J. Res. 67 preserves these policies the second of two resolutions the considered public comment on this and protections, and will terminate the House is debating today to ensure process. defective efforts instituted in the last strong protections for retirement sav- As a result, in December of 2016, the hours of the recent administration, in ers. Department of Labor issued a final rule which they implemented regulatory There are two parts to the regulatory that would allow certain localities loopholes to replace private savings for loophole we are seeking to close today. under specific conditions to establish retirement with sweetheart deals for First, the Obama administration cre- retirement savings programs. city- and State-run programs with ated a sweetheart deal that would fewer protections and lower standards. allow States to deny important protec- b 1530 The California folks that are in tions for retirement savers. Then, a To be eligible, the locality must have charge of this stuff were quoted in an second regulation was issued to extend an authority under relevant State law; article in a national publication in the that sweetheart deal to cover certain it must be larger than the least popu- spring, gloating about their exciting cities and counties. lous State, which is currently Wyo- win, and that it ‘‘would have no liabil- The resolution we are debating right ming, at approximately 600,000 resi- ity or fiduciary duty for the plan. . . . now would block the second regulation dents; it must not be in a State that We have been given the green light. and ensure retirement savers in every has already enacted a statewide payroll ... ’’ city are afforded longstanding protec- deduction savings plan; and it must im- The regulation we are terminating tions under Federal law. It would also plement and administer the plan for its here would restrict our hardworking ensure employers continue to have workers. savers from deciding what they can in- clear rules of the road for retirement Now, according to the Department of vest in. They will be required to blind- plans. The last thing employers, who Labor’s final rule, three cities, New ly entrust their hard-earned money to are trying to provide benefits for their York City, Philadelphia, and Seattle, State and local bureaucrats unless employees, need is a confusing patch- were identified as having potential in- they affirmatively opt out.

VerDate Sep 11 2014 03:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.057 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1219 The government will decide what in- Some employers have tried to fill whole life could have some form of vestment options will be available to that retirement income gap by offering guaranteed income in addition to—and them. There is a serious risk of polit- 401(k) retirement savings plans. Not a not as a replacement for—Social Secu- ical or social investing by these bu- bad thing, but it was not the answer rity. reaucrats instead of individual inves- that everyone thought it was going to But you don’t have one. You never tor-based decisions. be, the panacea that everyone made it have. I won’t say you never will, but Worst of all, the regulation which we out to be. you don’t have, and you never have are abolishing would undermine the But for far too many companies, they yet. Then maybe there would be some very successful 401(k) retirement sav- don’t offer any retirement package to justification for the action you are ings program. Due to 401(k)’s and re- their employees at all. Today, half of taking today, but that is not the case. lated defined-contribution plans, sav- all Americans going to work are not of- In fact, Republicans in Congress have ings have gone from $7.8 billion to over fered a retirement plan from their em- done nothing to protect workers or re- $25 billion in about 20 years. It has ployer, meaning these workers are not tiree benefits, and they are the party been a huge success. accumulating any nest egg outside of that wants to privatize Social Secu- We should be encouraging Americans Social Security for their retirement rity. and private companies to privately in- years. But today, with these two bills, they vest in 401(k) plans, which offer three To address this growing retirement go one step further to eliminate the distinct advantages: savings crisis, the Obama administra- ability of millions of workers from The contribution amount to a 401(k) tion made it easier for States and large even the potential to enjoy some finan- plan is three times what can be put in municipalities to sponsor their own cial comfort after a lifetime of work. an IRA. 401(k)-style retirement plan for their It is time for a progressive agenda for Employers match contributions. residents who work in the private sec- America that puts America’s workers Many companies match 1 for 1 up to 4 tor, but are not offered any retirement first and their families first. percent of what the employee puts in. plan from their private sector job. Mr. WALBERG. Mr. Speaker, I yield That is a powerful incentive for the They are not offered by their employer myself such time as I may consume. employee to save. that 401(k) plan. They have nothing, no Again, I just—for matters of accu- The last thing is, 401(k) plans are opportunity. racy about the legislation that is in protected by the ERISA law. They en- These rules do not require employees front of us, I think it ought to be clear sure that workers’ savings are secure. to participate, so the captains of indus- that both sides of the aisle can agree Furthermore, some 57 million Ameri- try who don’t offer their employees a that we ought to encourage retirement cans currently participate in privately retirement plan, under the Obama ad- savings and we ought to be willing to funded IRAs. look for choices, opportunities, vari- In the end, the regulations which we ministration rules, would not even ety, all of that, and allow States, local are abolishing were just another Big have to participate. These rules do not communities, cities, to be creative, to Government mandate to crowd out the require any employer contributions. What these rules simply do is create look for a means by which we can fos- private sector. These resolutions will a pathway for States and large cities, if ter increased retirement savings. put an end to the Obama administra- they choose, to enroll private sector All this legislation is doing, though, tion’s sweetheart deal, and will ensure workers into a retirement savings vehi- is saying that we want those ap- that private sector workers continue to cle so they can start saving early to proaches to be protected for the retir- receive strong protections as they save enjoy the benefits of a more financially ees. That is all we are saying. We are for their retirement. This resolution will block the chance secure retirement. And what is wrong not opposing States. We are not oppos- for cities and States to get their hands with that? ing cities. We are not opposing coun- on our friends’ and our employees’ re- It is a universal fact that the most ties, municipalities, from establishing tirement savings. successful way to get people to save for plans. But we want them to come Mr. Speaker, I urge my colleagues to their retirement is to enroll them in a under ERISA, the same requirements protect retirement savers today by vot- retirement plan through their work- that other people come under, and ing in favor of H.J. Res. 67. place and have a percentage of their make sure that people aren’t sold a bill Ms. BONAMICI. Mr. Speaker, I yield pay taken out automatically and in- of goods that they lose in the future. 4 minutes to the gentleman from New vested for the long-term future and for That is all we are saying. York (Mr. CROWLEY), the chair of the their benefit. Mr. Speaker, I just want to make House Democratic Caucus and a senior So these Obama administration rules that clear. None of the proposals or the member of the Ways and Means Com- were actually adopting best practices statements that are being made that mittee. to help workers who had been offered what we are trying to do is stop people Mr. CROWLEY. Mr. Speaker, sweet- no opportunity to save for their retire- from having retirement options is ac- heart deals? ment, to start to build their own nest curate. We just want them to be pro- Since when is it a sweetheart deal to egg with their own money for their tected. have a modicum of retirement for own future, potentially even investing Mr. Speaker, I reserve the balance of working poor and middle class people? in a private 401(k) plan down the road. my time. That is a sweetheart deal? The cruel irony is, if these two bills Ms. BONAMICI. Mr. Speaker, to clar- All I hear from the other side of the pass, congressional Republicans will ify further, this rule simply amends aisle is people talking about govern- have prohibited States and local gov- the State rule that we addressed in ment overreach, executive orders, and ernments from trying to help those H.J. Res. 66, that gives the safe harbor unnamed bureaucrats. So it is sur- workers who have been forgotten about to jurisdictions with strict investor prising that today the Republican ma- by some in the Federal Government protections. jority is creating a manmade road- and ignored by the private sector mar- Mr. Speaker, I yield 4 minutes to the block toward helping working Ameri- ketplace. gentleman from New York (Mr. cans save their own money for their What ever happened to local govern- ESPAILLAT), a new member of the Edu- own retirement. ment being the laboratory of democ- cation and the Workforce Committee. We have all heard about the olden racy? Mr. ESPAILLAT. Mr. Speaker, I rise days when, if you worked for a com- The SPEAKER pro tempore. The today in strong opposition to H.J. Res. pany for life, you could retire with a time of the gentleman has expired. 67, which is yet another assault on guaranteed pension. Now, with the ex- Ms. BONAMICI. Mr. Speaker, I yield working families. ception of union workers, the days of a an additional 1 minute to the gen- Mr. Speaker, not only are my Repub- guaranteed pension plan for most pri- tleman from New York. lican colleagues launching a broad, vate sector workers are a thing of the Mr. CROWLEY. Now, I could under- overreaching attack on increasing ac- past. Captains of industry don’t offer stand if Republicans in Congress were cess to retirement savings opportuni- them anymore. They line their own working on a national plan to ensure ties for our workers, but through H.J. pockets instead. that every American who works their Res. 67, they are directly targeting my

VerDate Sep 11 2014 03:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.059 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1220 CONGRESSIONAL RECORD — HOUSE February 15, 2017 home of New York City and the con- ening the financial security of the mid- retirement savings. So, today, my col- stituents of New York’s 13th Congres- dle class and those who are working leagues aren’t coming here and saying: sional District. Once again, without hard to remain in it. That is not just in We have a plan; let’s help these people any regard to the consequences of New York City, that is throughout our save for retirement. these reckless actions, Republicans are entire country, but particularly in my Instead, they are going to make it playing politics with the lives and fi- home city and my home State, and harder for States and municipalities nancial security of our citizens. that is a savings and retirement secu- who are stepping up to fill this critical If passed, H.J. Res. 67 will nullify a rity crisis in America. need. Department of Labor rule, just 1 month The word ‘‘crisis’’ is no exaggeration, Mr. Speaker, I urge my colleagues to after it went into effect, that supports Mr. Speaker. Nearly half of U.S. house- stand with workers who deserve a the efforts of large cities or counties, holds do not have a savings plan. Less chance at saving for retirement and like New York City, in establishing re- than one-third have a cushion to cover who will get that chance because, as tirement savings plans for their resi- basic expenses for just 3 months if a with the State bill, now there are sev- dents. layoff or other emergency leads to loss eral large municipalities stepping up to This rule is narrowly applied to juris- of income. help. dictions that are populous enough to be The status for retirement savings is I urge my colleagues not to under- their own State and whose States do even more dire, Mr. Speaker. Remem- mine the work of those cities and mu- not already have provided statewide ber, one out of every two Americans nicipalities that are working to enact payroll deduction saving plans. This is going to work today doesn’t have a re- innovative solutions. Again, these are to ensure that the policy only goes into tirement plan provided by their em- managed by investment professionals. effect in cities where the people are in ployer. We are seeing a new generation There are investor protections in these real need. of Americans growing up with little or plans. People do not have to partici- In New York City alone, 1.5 million no savings to help them climb the eco- pate, but they are hungry for this op- private sector workers—almost 60 per- nomic ladder or simply weather a dif- portunity. Millions of people across the cent of the private sector workers ficult time. country are watching. Where is the solution? throughout the city—do not have ac- Younger workers are trying to save Let’s not get in their way. Please cess to a retirement plan through their for their children to go to college. They employer or business. join me in opposing H.J. Res. 66 and are trying to buy a home or build the H.J. Res. 67. b 1545 emergency fund they will need if their Mr. Speaker, I yield back the balance This rule gives New York City the car breaks down. Others are wondering of my time. ability to expand access for private if they can afford to start their own Mr. WALBERG. Mr. Speaker, I yield sector workers to retirement savings business or have the financial security myself the balance of my time. plans. Rolling back this rule rips the to leave their job for a better oppor- Mr. Speaker, again, I appreciate the opportunity to save for retirement out tunity. Older Americans are looking at full-throated debate that went on here of the hands of millions of people. retirement and if they will be able to in the discussion of a most important Mr. Speaker, rushing to overturn this support themselves and maintain a issue. I am grateful that ERISA was in innovative rule without offering a sin- good quality of life without working. place for my father, a tool and die gle constructive alternative is irre- We know that savings are the path for maker, a machinist. He didn’t have sponsible. This is just another example middle class families to achieve the pensions, but he was able to, as a result of Republicans attempting to hastily American Dream, yet that dream is in- of making little-by-little allocations to undo provisions that have helped peo- creasingly being put at risk. a retirement savings plan, set aside ple in real need without even providing We can turn this around, Mr. Speak- money to make sure that, most specifi- a replacement plan to ensure working er. We can put building a college sav- cally, my mother was taken care of— families have financial security after ings account, a nest egg, and a retire- and she was—as a result of protections their retirement. ment plan back in reach for millions of that were put in place, requirements To make matters worse, using the American families. that were put in place, and a savings Congressional Review Act to roll back That is why I have put forward a plan plan for retirement outside of any pen- this rule will prevent the Department of action entitled ‘‘Building Better sion. Her basic needs were cared for of Labor from reissuing any substan- Savings, Building Brighter Futures.’’ until the end of her life. tially similar rule in the future. This is You can read my action plan on my So I certainly resonate with the de- all on top of last year’s Congress’ abuse website at crowley.house.gov. sire to make sure middle-income, mid- of the CRA in an attempt to nullify the This plan is a comprehensive ap- dle class families, and everyone has the fiduciary rule, which ensured that the proach to ensure no American who opportunity for secure retirement sav- advice workers receive is in their best works their whole life will spend their ings. We all support creating new op- interest. retirement in poverty. But to get to tions for retirement savers. Unfortu- This only further solidifies that that point, we need to stop wasting nately, the regulatory loophole created House Republicans are not interested time going backwards. So let’s allow by the Obama administration is not in helping workers. Instead, they are States and local governments to con- the answer. interested in deconstructing rules that tinue to do what they are doing to help Every American, regardless of what protect our workers. House Repub- those workers who are being left be- city or State they live in, deserves licans have failed to pass comprehen- hind now. strong protections and secure retire- sive and potentially bipartisan legisla- Oppose these two bills that target ment. That is why, for over 40 years, tion to address our Nation’s retirement workers’ retirement savings, and let’s the Employee Retirement Income Se- security crisis and, instead, are push- work towards positive solutions to ad- curity Act has been the law of the land. ing partisan legislation that is harmful dress the real problems of America’s Denying those longstanding protec- to our Nation’s workers. working families. We can do that with tions to certain workers is a com- Mr. WALBERG. Mr. Speaker, I re- my proposal, Building Better Savings, pletely backwards approach that un- serve the balance of my time. Building Brighter Futures. dermines the retirement security of Ms. BONAMICI. Mr. Speaker, I yield Mr. WALBERG. Mr. Speaker, I re- working families, and I know my col- an additional 3 minutes to the gen- serve the balance of my time. leagues on the other side of the aisle tleman from New York (Mr. CROWLEY) Ms. BONAMICI. Mr. Speaker, I yield don’t want that to happen. We agree on because New York, according to their myself the balance of my time. that. comptroller, has noted that 57 percent This has been a good discussion, but I urge my colleagues to vote in favor of the city’s private sector workers do I want to reemphasize that there is a of H.J. Res. 67 to ensure workers and not have access to a retirement plan at need in this country. People are inse- retirees in every city across the coun- their place of employment. cure about their retirement. There are try continue to have the legal safe- Mr. CROWLEY. Mr. Speaker, we need too many people—millions of people guards they need to retire with secu- to tackle a challenge that is threat- across the country—who do not have rity and peace of mind.

VerDate Sep 11 2014 03:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.060 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1221 Mr. Speaker, I yield back the balance The Clerk read the title of the joint Bustos Higgins (NY) Pelosi of my time. resolution. Butterfield Himes Perlmutter Capuano Hoyer Peters The SPEAKER pro tempore. All time The SPEAKER pro tempore. The Carbajal Huffman Peterson for debate has expired. question is on the passage of the joint Ca´ rdenas Jackson Lee Pingree Pursuant to House Resolution 116, resolution. Carson (IN) Jayapal Pocan Cartwright Jeffries the previous question is ordered on the The vote was taken by electronic de- Polis Castor (FL) Johnson (GA) Price (NC) joint resolution. vice, and there were—yeas 234, nays Castro (TX) Johnson, E. B. Quigley The question is on the engrossment 191, not voting 6, as follows: Chu, Judy Keating Raskin Cicilline Kelly (IL) and third reading of the joint resolu- Rice (NY) [Roll No. 95] Clark (MA) Kennedy Richmond tion. Clarke (NY) Khanna YEAS—234 Ros-Lehtinen The joint resolution was ordered to Clay Kihuen Abraham Goodlatte Rosen Olson Cleaver Kildee be engrossed and read a third time, and Aderholt Gosar Palazzo Clyburn Kilmer Roybal-Allard Allen Gowdy was read the third time. Palmer Cohen Kind Ruiz Amash Granger The SPEAKER pro tempore. The Paulsen Connolly Krishnamoorthi Ruppersberger Amodei Graves (GA) Pearce Conyers Kuster (NH) Rush question is on the passage of the joint Arrington Graves (LA) Perry Cooper Langevin Ryan (OH) resolution. Babin Graves (MO) Pittenger Correa Larsen (WA) Sa´ nchez Bacon Griffith The question was taken; and the Poe (TX) Costa Larson (CT) Sarbanes Banks (IN) Grothman Speaker pro tempore announced that Poliquin Courtney Lawrence Schakowsky Barletta Guthrie Posey Crist Lawson (FL) Schiff the ayes appeared to have it. Barr Harper Ratcliffe Crowley Lee Schneider Ms. BONAMICI. Mr. Speaker, on that Barton Harris Reed Cummings Levin Schrader Bergman Hartzler I demand the yeas and nays. Reichert Davis (CA) Lewis (GA) Scott (VA) Biggs Hensarling The yeas and nays were ordered. Renacci Davis, Danny Lieu, Ted Scott, David Bilirakis Herrera Beutler Rice (SC) DeFazio Lipinski The SPEAKER pro tempore. Pursu- Bishop (MI) Hice, Jody B. Serrano Roby DeGette Loebsack Bishop (UT) Higgins (LA) Sewell (AL) ant to clause 8 of rule XX, further pro- Roe (TN) Delaney Lofgren Black Hill Shea-Porter ceedings on this question will be post- Rogers (AL) DeLauro Lowenthal Blackburn Holding Sherman Rogers (KY) DelBene Lowey poned. Blum Hollingsworth Sinema Rohrabacher Demings Lujan Grisham, Bost Hudson Sires f Rokita DeSaulnier M. Brady (TX) Huizenga Slaughter Rooney, Francis Deutch Luja´ n, Ben Ray RECESS Brat Hultgren Smith (WA) Rooney, Thomas Dingell Lynch Bridenstine Hunter Soto J. Doggett Maloney, The SPEAKER pro tempore. Pursu- Brooks (AL) Hurd Speier Roskam Doyle, Michael Carolyn B. ant to clause 12(a) of rule I, the Chair Brooks (IN) Issa Suozzi Ross F. Maloney, Sean Buchanan Jenkins (KS) Swalwell (CA) declares the House in recess subject to Rothfus Ellison Matsui Buck Jenkins (WV) Takano the call of the Chair. Rouzer Engel McCollum Bucshon Johnson (LA) Thompson (CA) Royce (CA) Eshoo McEachin Accordingly (at 3 o’clock and 54 min- Budd Johnson (OH) Thompson (MS) Russell Espaillat McGovern Burgess Johnson, Sam utes p.m.), the House stood in recess. Rutherford Esty McNerney Titus Byrne Jones f Sanford Evans Meeks Tonko Calvert Jordan Scalise Foster Meng Torres Carter (TX) Joyce (OH) b 1630 Schweikert Frankel (FL) Moore Tsongas Chabot Katko Scott, Austin Fudge Moulton Vargas Chaffetz Kelly (MS) AFTER RECESS Sensenbrenner Gabbard Murphy (FL) Veasey Cheney Kelly (PA) Sessions Gallego Nadler Vela The recess having expired, the House Coffman King (NY) Shimkus Garamendi Napolitano Vela´ zquez was called to order by the Speaker pro Cole Kinzinger Shuster Gonzalez (TX) Neal Visclosky Collins (GA) Knight tempore (Mr. DUNCAN of Tennessee) at Simpson Gottheimer Nolan Walz Collins (NY) Kustoff (TN) Smith (MO) Green, Al Norcross Wasserman 4 o’clock and 30 minutes p.m. Comer Labrador Smith (NE) Green, Gene O’Halleran Schultz Comstock LaHood f Grijalva O’Rourke Waters, Maxine Conaway LaMalfa Smith (NJ) Gutie´rrez Pallone Watson Coleman ANNOUNCEMENT BY THE SPEAKER Cook Lamborn Smith (TX) Hanabusa Panetta Welch Costello (PA) Lance Smucker PRO TEMPORE Hastings Pascrell Wilson (FL) Cramer Latta Stefanik Heck Payne Yarmuth The SPEAKER pro tempore. Pursu- Crawford Lewis (MN) Stewart ant to clause 8 of rule XX, proceedings Cuellar LoBiondo Stivers NOT VOTING—6 Culberson Long Taylor will resume on questions previously Beyer Kaptur Mulvaney Curbelo (FL) Loudermilk Tenney Carter (GA) King (IA) Zinke postponed. Davidson Love Thompson (PA) Votes will be taken in the following Davis, Rodney Lucas Thornberry b 1653 order: Denham Luetkemeyer Tiberi Tipton Mr. AGUILAR, Ms. ROSEN, Messrs. Passage of H.J. Res. 67; Dent MacArthur DeSantis Marchant Trott DeSAULNIER and ELLISON changed Passage of H.J. Res. 66; and DesJarlais Marino Turner Upton their vote from ‘‘yea’’ to ‘‘nay.’’ Passage of H.J. Res. 42. Diaz-Balart Marshall So the joint resolution was passed. The first electronic vote will be con- Donovan Massie Valadao Duffy Mast Wagner The result of the vote was announced ducted as a 15-minute vote. Remaining Duncan (SC) McCarthy Walberg as above recorded. electronic votes will be conducted as 5- Duncan (TN) McCaul Walden A motion to reconsider was laid on minute votes. Dunn McClintock Walker the table. Emmer McHenry Walorski f Farenthold McKinley Walters, Mimi f DISAPPROVING RULE SUBMITTED Faso McMorris Weber (TX) Ferguson Rodgers Webster (FL) DISAPPROVING RULE SUBMITTED BY DEPARTMENT OF LABOR RE- Fitzpatrick McSally Wenstrup BY DEPARTMENT OF LABOR RE- LATING TO SAVINGS ARRANGE- Fleischmann Meadows Westerman LATING TO SAVINGS ARRANGE- MENTS BY QUALIFIED STATE Flores Meehan Williams Fortenberry Messer Wilson (SC) MENTS BY STATES FOR NON- POLITICAL SUBDIVISIONS FOR Foxx Mitchell Wittman GOVERNMENTAL EMPLOYEES NON-GOVERNMENTAL EMPLOY- Franks (AZ) Moolenaar Womack The SPEAKER pro tempore. The un- EES Frelinghuysen Mooney (WV) Woodall Gaetz Mullin Yoder finished business is the vote on passage The SPEAKER pro tempore. The un- Gallagher Murphy (PA) Yoho of the joint resolution (H.J. Res. 66) finished business is the vote on passage Garrett Newhouse Young (AK) disapproving the rule submitted by the of the joint resolution (H.J. Res. 67) Gibbs Noem Young (IA) Gohmert Nunes Zeldin Department of Labor relating to sav- disapproving the rule submitted by the ings arrangements established by Department of Labor relating to sav- NAYS—191 States for non-governmental employ- ings arrangements established by Adams Bera Boyle, Brendan ees, on which the yeas and nays were qualified State political subdivisions Aguilar Bishop (GA) F. Barraga´ n Blumenauer Brady (PA) ordered. for non-governmental employees, on Bass Blunt Rochester Brown (MD) The Clerk read the title of the joint which the yeas and nays were ordered. Beatty Bonamici Brownley (CA) resolution.

VerDate Sep 11 2014 03:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.062 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1222 CONGRESSIONAL RECORD — HOUSE February 15, 2017 The SPEAKER pro tempore. The Carson (IN) Huffman Payne tion applicants, on which the yeas and Cartwright Jackson Lee Pelosi question is on the passage of the joint Castor (FL) Jayapal Perlmutter nays were ordered. resolution. Castro (TX) Jeffries Peters The Clerk read the title of the joint This is a 5-minute vote. Chu, Judy Johnson (GA) Peterson resolution. The vote was taken by electronic de- Cicilline Johnson, E. B. Pingree Clark (MA) Jones Pocan The SPEAKER pro tempore. The vice, and there were—yeas 231, nays Clarke (NY) Kaptur Polis question is on the passage of the joint 193, not voting 7, as follows: Clay Keating Price (NC) Clyburn Kelly (IL) Quigley resolution. [Roll No. 96] Cohen Kennedy Raskin This is a 5-minute vote. YEAS—231 Connolly Khanna Rice (NY) Conyers Kihuen Richmond Abraham Goodlatte Olson The vote was taken by electronic de- Cooper Kildee Ros-Lehtinen Aderholt Gosar Palazzo vice, and there were—yeas 236, nays Correa Kilmer Rosen Allen Gowdy Palmer Costa Kind Roybal-Allard 189, not voting 6, as follows: Amash Granger Paulsen Courtney Krishnamoorthi Ruiz Amodei Graves (GA) Pearce [Roll No. 97] Crist Kuster (NH) Ruppersberger Arrington Graves (LA) Perry Crowley Langevin Rush Babin Graves (MO) YEAS—236 Pittenger Cummings Larsen (WA) Ryan (OH) Bacon Griffith Poe (TX) Davis (CA) Larson (CT) Sa´ nchez Abraham Gosar Olson Banks (IN) Grothman Poliquin Davis, Danny Lawrence Sarbanes Aderholt Gowdy Palmer Barletta Guthrie Posey Davis, Rodney Lawson (FL) Schakowsky Allen Granger Paulsen Barr Harper Ratcliffe DeFazio Lee Schiff Amash Graves (GA) Pearce Barton Harris Reed DeGette Levin Schneider Amodei Graves (LA) Perry Bergman Hartzler Reichert Delaney Lewis (GA) Schrader Arrington Graves (MO) Peterson Biggs Hensarling Renacci DeLauro Lieu, Ted Scott (VA) Babin Griffith Pittenger Bilirakis Herrera Beutler Rice (SC) DelBene Lipinski Scott, David Bacon Grothman Poe (TX) Bishop (MI) Hice, Jody B. Roby Demings Loebsack Serrano Banks (IN) Guthrie Poliquin Bishop (UT) Higgins (LA) Roe (TN) DeSaulnier Lofgren Sewell (AL) Barletta Harper Posey Black Hill Rogers (AL) Deutch Lowenthal Shea-Porter Barr Harris Ratcliffe Blackburn Holding Rogers (KY) Dingell Lowey Sherman Barton Hartzler Reed Blum Hollingsworth Rohrabacher Doggett Lujan Grisham, Sinema Bergman Hensarling Reichert Bost Hudson Rokita Doyle, Michael M. Sires Biggs Herrera Beutler Brady (TX) Huizenga Renacci Rooney, Francis F. Luja´ n, Ben Ray Slaughter Bilirakis Hice, Jody B. Brat Hultgren Rice (SC) Rooney, Thomas Ellison Lynch Smith (WA) Bishop (MI) Higgins (LA) Bridenstine Hunter Roby J. Engel Maloney, Soto Bishop (UT) Hill Brooks (AL) Hurd Roe (TN) Roskam Eshoo Carolyn B. Speier Black Holding Brooks (IN) Issa Rogers (AL) Ross Espaillat Maloney, Sean Suozzi Blackburn Hollingsworth Buchanan Jenkins (KS) Rogers (KY) Rothfus Esty Matsui Swalwell (CA) Blum Hudson Buck Jenkins (WV) Rohrabacher Rouzer Evans McCollum Takano Bost Huizenga Bucshon Johnson (LA) Rokita Royce (CA) Foster McEachin Thompson (CA) Brady (TX) Hultgren Budd Johnson (OH) Rooney, Francis Russell Frankel (FL) McGovern Thompson (MS) Brat Hunter Burgess Johnson, Sam Rooney, Thomas Rutherford Fudge McNerney Titus Bridenstine Hurd Byrne Jordan J. Sanford Gabbard Meeks Torres Brooks (AL) Issa Calvert Joyce (OH) Roskam Scalise Gallego Meng Tsongas Brooks (IN) Jenkins (KS) Carter (TX) Katko Ross Schweikert Garamendi Moore Vargas Buchanan Jenkins (WV) Chabot Kelly (MS) Rothfus Scott, Austin Gonzalez (TX) Moulton Veasey Buck Johnson (LA) Chaffetz Kelly (PA) Rouzer Sensenbrenner Gottheimer Murphy (FL) Vela Bucshon Johnson (OH) Cheney King (NY) Royce (CA) Sessions Green, Al Nadler Vela´ zquez Budd Johnson, Sam Coffman Kinzinger Russell Shimkus Green, Gene Napolitano Visclosky Burgess Jones Cole Knight Rutherford Shuster Grijalva Neal Walz Byrne Jordan Collins (GA) Kustoff (TN) Sanford Simpson Gutie´rrez Nolan Wasserman Calvert Joyce (OH) Collins (NY) Labrador Scalise Smith (MO) Hanabusa Norcross Schultz Carter (TX) Katko Comer LaHood Schrader Smith (NE) Hastings O’Halleran Waters, Maxine Chabot Kelly (MS) Comstock LaMalfa Heck O’Rourke Watson Coleman Chaffetz Kelly (PA) Schweikert Conaway Lamborn Smith (NJ) Higgins (NY) Pallone Welch Cheney King (IA) Scott, Austin Cook Lance Smith (TX) Smucker Himes Panetta Wilson (FL) Coffman King (NY) Sensenbrenner Costello (PA) Latta Cole Stefanik Hoyer Pascrell Yarmuth Kinzinger Sessions Cramer Lewis (MN) Collins (GA) Knight Stivers Shimkus Crawford LoBiondo NOT VOTING—7 Collins (NY) Kustoff (TN) Taylor Shuster Cuellar Long Comer Labrador Tenney Carter (GA) Mulvaney Zinke Simpson Culberson Loudermilk Comstock LaHood Thompson (PA) Cleaver Stewart Smith (MO) Curbelo (FL) Love Conaway LaMalfa Thornberry King (IA) Tonko Smith (NE) Davidson Lucas Cook Lamborn Smith (NJ) Denham Luetkemeyer Tiberi ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cooper Lance Smith (TX) Dent MacArthur Tipton Costello (PA) Latta Smucker DeSantis Marchant Trott The SPEAKER pro tempore (during Cramer Lewis (MN) Stefanik DesJarlais Marino Turner the vote). There are 2 minutes remain- Crawford Lipinski Stivers Diaz-Balart Marshall Upton ing. Culberson LoBiondo Taylor Donovan Massie Valadao Curbelo (FL) Long Duffy Mast Wagner b 1702 Tenney Davidson Loudermilk Thompson (PA) Duncan (SC) McCarthy Walberg Davis, Rodney Love So the joint resolution was passed. Thornberry Duncan (TN) McCaul Walden Denham Lucas Tiberi Dunn McClintock Walker The result of the vote was announced Dent Luetkemeyer Tipton Emmer McHenry Walorski as above recorded. DeSantis MacArthur Trott Farenthold McKinley Walters, Mimi A motion to reconsider was laid on DesJarlais Marchant Weber (TX) Turner Faso McMorris the table. Diaz-Balart Marino Ferguson Rodgers Webster (FL) Donovan Marshall Upton Fitzpatrick McSally Wenstrup Stated against: Duffy Massie Valadao Fleischmann Meadows Westerman Mr. TONKO. Mr. Speaker, I was unavoid- Duncan (SC) Mast Wagner Flores Meehan Williams ably detained. Had I been present, I would Duncan (TN) McCarthy Walberg Fortenberry Messer Wilson (SC) Dunn McCaul Walden Foxx Mitchell Wittman have voted ‘‘nay’’ on rollcall No. 96. Emmer McClintock Walker Franks (AZ) Moolenaar Womack f Farenthold McHenry Walorski Frelinghuysen Mooney (WV) Woodall Faso McKinley Walters, Mimi Gaetz Mullin Yoder DISAPPROVING RULE SUBMITTED Ferguson McMorris Weber (TX) Gallagher Murphy (PA) Yoho BY DEPARTMENT OF LABOR RE- Fitzpatrick Rodgers Webster (FL) Garrett Newhouse Young (AK) LATING TO DRUG TESTING OF Fleischmann McSally Wenstrup Gibbs Noem Young (IA) Flores Meadows Westerman Gohmert Nunes Zeldin UNEMPLOYMENT COMPENSATION Fortenberry Meehan Williams APPLICANTS Foxx Messer Wilson (SC) NAYS—193 Franks (AZ) Mitchell Wittman Adams Bishop (GA) Brown (MD) The SPEAKER pro tempore. The un- Frelinghuysen Moolenaar Womack Aguilar Blumenauer Brownley (CA) finished business is the vote on passage Gaetz Mooney (WV) Woodall Barraga´ n Blunt Rochester Bustos of the joint resolution (H.J. Res. 42) Gallagher Mullin Yoder Bass Bonamici Butterfield disapproving the rule submitted by the Garrett Murphy (PA) Yoho Beatty Boyle, Brendan Capuano Gibbs Newhouse Young (AK) Bera F. Carbajal Department of Labor relating to drug Gohmert Noem Young (IA) Beyer Brady (PA) Ca´ rdenas testing of unemployment compensa- Goodlatte Nunes Zeldin

VerDate Sep 11 2014 03:25 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.066 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1223 NAYS—189 COMMUNICATION FROM THE And that is just the way it is. Adams Gabbard Norcross CLERK OF THE HOUSE f Aguilar Gallego O’Halleran Barraga´ n Garamendi O’Rourke The SPEAKER pro tempore laid be- OUR NATIONAL SECURITY Bass Gonzalez (TX) fore the House the following commu- Pallone (Mrs. DEMINGS asked and was given Beatty Gottheimer Panetta nication from the Clerk of the House of permission to address the House for 1 Bera Green, Al Pascrell Representatives: Beyer Green, Gene Payne minute.) Bishop (GA) Grijalva Pelosi OFFICE OF THE CLERK, Mrs. DEMINGS. Mr. Speaker, I rise Blumenauer Gutie´rrez Perlmutter HOUSE OF REPRESENTATIVES, today to speak on an issue that is of Blunt Rochester Hanabusa Peters Washington, DC, February 15, 2017. Bonamici Hastings critical importance to every person in Pingree Hon. PAUL D. RYAN, Boyle, Brendan Heck Pocan this room, every father, mother, every F. Higgins (NY) The Speaker, House of Representatives, Polis Washington, DC. family in our Nation. That issue is our Brady (PA) Himes Price (NC) Brown (MD) Hoyer DEAR MR. SPEAKER: Pursuant to the per- national security. Quigley While the resignation of General Brownley (CA) Huffman Raskin mission granted in Clause 2(h) of Rule II of Bustos Jackson Lee Rice (NY) the Rules of the U.S. House of Representa- Flynn was appropriate, it has led to Butterfield Jayapal Richmond tives, the Clerk received the following mes- more questions than answers. One of Capuano Jeffries Ros-Lehtinen sage from the Secretary of the Senate on the most important, who directed Gen- Carbajal Johnson (GA) Rosen Ca´ rdenas Johnson, E. B. February 15, 2017, at 3:59 p.m.: eral Flynn to do what he did? Roybal-Allard That the Senate agreed to without amend- In my 27 years as a law enforcement Carson (IN) Kaptur Ruiz Cartwright Keating ment H.J. Res. 40. Ruppersberger officer, I have conducted both internal Castor (FL) Kelly (IL) With best wishes, I am, Rush and criminal investigations at the Castro (TX) Kennedy Ryan (OH) Sincerely, Chu, Judy Khanna highest level of law enforcement. I un- Sa´ nchez KAREN L. HAAS. Cicilline Kihuen derstand the importance of seeking the Sarbanes Clark (MA) Kildee f Schakowsky truth through such investigations. Clarke (NY) Kilmer Schiff In a time of confusion and uncer- Clay Kind APPOINTMENT OF MEMBERS TO Schneider Cleaver Krishnamoorthi tainty, the American people deserve Scott (VA) THE HOUSE COMMISSION ON Clyburn Kuster (NH) answers and transparency. That can Scott, David CONGRESSIONAL MAILING Cohen Langevin only come through a thorough, bipar- Connolly Larsen (WA) Serrano STANDARDS Sewell (AL) tisan, independent investigation. Conyers Larson (CT) The SPEAKER pro tempore. The Correa Lawrence Shea-Porter Mr. Speaker, I urge my Republican Costa Lawson (FL) Sherman Chair announces the Speaker’s ap- colleagues to join me in calling for a Courtney Lee Sinema pointment, pursuant to 2 U.S.C. 501(b), thorough investigation. I know they Sires Crist Levin and the order of the House of January understand the gravity of this issue Crowley Lieu, Ted Slaughter Cuellar Loebsack Smith (WA) 3, 2017, of the following Members to the and believe it is our duty to work to- Cummings Lofgren Soto House Commission on Congressional gether to keep our Nation safe. Speier Davis (CA) Lowenthal Mailing Standards: f Davis, Danny Lowey Suozzi Mrs. DAVIS, California DeFazio Lujan Grisham, Swalwell (CA) OUR NATION’S INFRASTRUCTURE DeGette M. Takano Mr. SHERMAN, California Delaney Luja´ n, Ben Ray Thompson (CA) Mr. MCEACHIN, Virginia (Mr. LAMALFA asked and was given DeLauro Lynch Thompson (MS) permission to address the House for 1 DelBene Maloney, Titus f minute and to revise and extend his re- Demings Carolyn B. Tonko DeSaulnier Maloney, Sean Torres b 1715 marks.) Deutch Matsui Tsongas Mr. LAMALFA. Mr. Speaker, Cali- Dingell McCollum Vargas EYES IN THE SKY: FLIGHT AT- fornia has been blessed with a lot of Doggett McEachin Veasey TENDANT SAVES VICTIM OF rain this year, a lot of snowfall in order Doyle, Michael McGovern Vela TRAFFICKING to alleviate a drought. It has gone a F. McNerney Vela´ zquez Ellison Meeks Visclosky (Mr. POE of Texas asked and was little extreme here, but we are still Engel Meng Walz given permission to address the House thankful for the water. Eshoo Moore Wasserman for 1 minute.) I would like to report that Lake Espaillat Moulton Schultz Oroville is stable right now with the Esty Murphy (FL) Waters, Maxine Mr. POE of Texas. Mr. Speaker, on a Evans Nadler Watson Coleman recent flight, flight attendant Shelia dam, and the spillway situation is such Foster Napolitano Welch Fedrick of Alaska Airlines noticed a that they are working very hard to Frankel (FL) Neal Wilson (FL) make sure that that will be something, Fudge Nolan Yarmuth young girl, 14 or 15 years old, with blonde hair. Shelia approached two in- if we get continued rainfall, we will be NOT VOTING—6 dividuals, but the young girl refused to able to handle the new load. I also want to commend and thank Carter (GA) Mulvaney Stewart speak or make contact with her. The Lewis (GA) Palazzo Zinke man next to the girl was defensive as President Trump for his very rapid re- she tried to make conversation. action to our request for emergency help from the Federal Government on b 1710 Something was just not right. Shelia Oroville Dam. His team responded very quickly devised a plan. She convinced quickly to our ask, and he understands So the joint resolution was passed. the girl to go to the bathroom where and is working for infrastructure needs Shelia had left a note stuck to the mir- The result of the vote was announced and repairs across this whole country. as above recorded. ror. The girl wrote back on the note, He also understands that it isn’t just and she needed help. A motion to reconsider was laid on about building new things, but it is The flight crew quickly alerted the the table. going back and repairing our aging in- police on the ground. Shelia Fedrick frastructure, whether that is our high- PERSONAL EXPLANATION ended up saving a victim of human ways, our bridges, or what needs to be trafficking. Mr. CARTER of Georgia. Mr. Speaker, on done, like on Oroville Dam spillway. So Traffickers often ship their victims I appreciate that. Wednesday, February 15, 2017, I was absent across the country like baggage. The due to personal reasons and missed votes. Again, my full thanks to President Department of Homeland Security and Trump’s staff, as well as the President Had I been present, I would have voted as fol- flight attendants are working together himself, on his speedy response to our lows: Rollcall No. 93 on Ordering the Previous through training to spot warning signs need. Question, ‘‘aye’’; Rollcall No. 94 Adoption of of modern-day slavery. f the Combined Rule of H.J. Res. 43 and H.J. Thanks to Shelia Fedrick and other Res. 69, ‘‘aye’’; Rollcall No. 95 passage of flight attendants for their work in res- HUMAN RIGHTS, DEMOCRACY, AND H.J. Res. 67, ‘‘aye’’; Rollcall No. 96 passage cuing victims of trafficking. We must THE RULE OF LAW IN CAMBODIA of H.J. Res. 66, ‘‘aye’’; and Rollcall No. 97 continue to stop traffickers in their (Mr. LOWENTHAL asked and was passage of H.J. Res. 42, ‘‘aye’’. tracks. given permission to address the House

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A15FE7.034 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1224 CONGRESSIONAL RECORD — HOUSE February 15, 2017 for 1 minute and to revise and extend portant statement about the vision more shocking comes out about the his remarks.) that we have for our community and Trump administration and its connec- Mr. LOWENTHAL. Mr. Speaker, last for our world. That vision centralizes tions with the Russian Government. week, Congressman STEVE CHABOT and both the rights of our native brothers Just last night, it was reported that, I, as the co-chairs of the Cambodia and sisters, and our environment. according to American intelligence of- Caucus, called upon Secretary Just like it did with the $15 min- ficials, at least four members of the Tillerson and the administration to imum wage, Seattle continues to be a Trump campaign, senior members, prioritize human rights, democracy, leader and a model for the rest of the were in constant contact with Russian and the rule of law in Cambodia. country, and activists and cities intelligence officials for a year. Just days later, Sam Rainsy, the around the United States have picked Mr. Speaker, this is not so much leader of the opposition party in Cam- up the torch. about Republican or Democrat as it is bodia, resigned in the face of a pro- We stand united in prioritizing our about democracy, our democracy. I posed bill that would dissolve the oppo- environment, as it is deeply connected want to thank those few Republicans sition party if he continued to lead the to the health of our communities. in the Senate who have had the cour- party. Rather than allowing dangerous pipe- age to put country before party and This law on political parties would line projects to continue, putting mil- come forward and demand an inde- give the government far-reaching pow- lions of people at risk, we should be fo- pendent, bipartisan investigation. ers to suspend political parties at will. cused on being leaders in the inter- Sadly, that has been met with silence I urge the Cambodian National Assem- national fight against climate change. on the Republican side of the aisle in bly to set aside this undemocratic law I am committed, Mr. Speaker, to tak- this House. that dangerously moves Cambodia to- ing every opportunity to protect our We must have a 9/11-like commission ward being a one-party state, and to resources and fight for a bold alter- to investigate to what extent Russian allow the Cambodian people to freely native energy plan that includes a just intelligence infiltrated our election. choose their own leaders. transition that creates great union f f jobs and puts us on a sustainable path forward. MUSLIM AND REFUGEE BAN ONLY CONGRESS HAS THE POWER (Mr. PAYNE asked and was given TO DECLARE WAR f permission to address the House for 1 IN RECOGNITION OF THE HONOR- (Mr. DEFAZIO asked and was given minute and to revise and extend his re- ABLE JOHN MERCER LANGSTON permission to address the House for 1 marks.) minute.) (Mr. MCEACHIN asked and was given Mr. PAYNE. Mr. Speaker, I want to Mr. DEFAZIO. Mr. Speaker, I have permission to address the House for 1 read a letter from a Syrian refugee to just seen a news report that the Presi- minute and to revise and extend his re- the interfaith coalition sponsoring his dent may invade Syria with ground marks.) family, which settled in Bloomfield, troops. Mr. MCEACHIN. Mr. Speaker, I rise New Jersey, last month. Now, I criticized former President today in recognition of the Honorable Muhammad is a father of four. His Obama for his actions in Libya, Iraq, John Mercer Langston, who served in family was one of the last to arrive and Syria, without seeking authoriza- the 51st Congress as the first African- prior to the signing of President tion from Congress, and leaning on the American Congressman from Virginia Trump’s ban. weak need that these were somehow and, incidentally, represented the same Muhammad wrote: authorized back in the AUMF after 9/ district that I do, Virginia’s Fourth. I feel ashamed when I repeat the words: 11. This is far beyond the scope of that Representative Langston became the Thank you. resolution, which I helped write, so to fifth African-American man to grad- I feel it’s very few and very weak in front have a ground invasion of Syria, with- uate from the Oberlin Collegiate De- of your interest and your generosity. out authorization from Congress, will partment, and continued his education The first thing I want to learn in the trigger the War Powers Act. at Oberlin to receive a master’s degree English language is how I can thank you Let’s be clear: The Constitution says, in theology. more and more. once we are at war, the President runs Although he was deprived of admis- America is beautiful because you live in it. the war as Commander in Chief. But it sion to law school, Mr. Langston stud- These are the kind of families the is only the United States Congress that ied law under Philemon Bliss and Trump administration wants to turn has the power to declare war, authorize passed the bar in 1844 to become Ohio’s away. They are the oppressed and the war, which this essentially would be. first African-American lawyer. persecuted, the kind of people this So the President must come to the Mr. Langston’s passion to uplift the country was founded for. Congress and ask for a new Authoriza- Black community was demonstrated I understand the need to vet people tion for Use of Military Force before through the organization of State and coming to our country, and the impor- launching any ground invasion of local antislavery societies, his efforts tance of protecting our Nation’s secu- Syria. to assist runaway slaves, and through rity. No one questions that at all. f calls for social reform. But we cannot close our country to Among his many other life accom- refugees like Muhammad and his fam- SEATTLE’S DIVESTMENT FROM plishments, Langston also served as ily. We cannot sacrifice what it means WELLS FARGO the president of what is now known as to be American. (Ms. JAYAPAL asked and was given Virginia State University. Muhammad is right, America is beau- permission to address the House for 1 I have great respect and appreciation tiful, and we can keep it that way by minute and to revise and extend her re- for Mr. Langston and the life he led. remaining a beacon of freedom and marks.) Not only will his legacy live on hope. Ms. JAYAPAL. Mr. Speaker, I want through his descendants, but through f to congratulate my hometown, the city myself and all of us who occupy this APPOINTMENT OF MEMBER TO of Seattle, on its historic decision to great hall who fight for the spirit of BRITISH-AMERICAN INTER- terminate its $3 billion relationship equality and justice. PARLIAMENTARY GROUP with Wells Fargo Bank over its financ- f ing and support of the Dakota Access The SPEAKER pro tempore (Mr. pipeline. RUSSIAN INFILTRATION BERGMAN). The Chair announces the Last week, the Seattle City Council (Mr. BRENDAN F. BOYLE of Penn- Speaker’s appointment, pursuant to 22 voted unanimously to divest from sylvania asked and was given permis- U.S.C. 276l, and the order of the House Wells Fargo, making it the first major sion to address the House for 1 minute.) of January 3, 2017, of the following city to do so. Mr. BRENDAN F. BOYLE of Pennsyl- Member on the part of the House to the Led by Native American and environ- vania. Mr. Speaker, it is literally every British-American Interparliamentary mental activists, our city made an im- day now that something new and even Group:

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.073 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1225 Mr. RODNEY DAVIS, Illinois activism for civil rights and social jus- overcame one of the worst economic f tice. One of the very first civil rights crises our Nation has ever seen. campaigns in South Carolina was orga- In Arlington, Texas, which is part of b 1730 nized at Benedict College in 1937. Stu- the district that I represent in the Dal- THE BLUE COLLAR CAUCUS dents participating in a national las/Fort Worth area, we have a General Motors plant. As you know, we could The SPEAKER pro tempore. Under NAACP campaign led a demonstration in support of antilynching legislation have lost our car industry. We have the Speaker’s announced policy of Jan- probably the most profitable plant in uary 3, 2017, the gentleman from Texas pending in Congress. One of Benedict’s early graduates the General Motors family. All of the (Mr. VEASEY) is recognized for 60 min- was Reverend Richard Carroll. Born cars that you see around here at the utes as the designee of the minority Capitol, all of the Yukons, all of the leader. into slavery in Barnwell, South Caro- lina, Reverend Carroll was a prominent Suburbans, the Tahoes, the Escalades, GENERAL LEAVE Baptist minister in the late 1800s who we make those in Arlington, Texas. We Mr. VEASEY. Mr. Speaker, I ask received honors and appointments from are very proud of our plant, very proud unanimous consent that all Members both President William McKinley and of the company being there all those have 5 legislative days to revise and ex- President Theodore Roosevelt. Other years and for the UAW workers there tend their remarks and include extra- prominent alumni include Modjeska that help make that plant great. neous material on the subject of this Simkins, a prominent civil rights and Despite the gains that we have seen with President Obama’s saving the Special Order. public health champion; General Mat- auto industry with the 9.3 million jobs The SPEAKER pro tempore. Is there thew Zimmerman, who served as Chief and our overcoming one of the worst objection to the request of the gen- of Chaplains of the United States economic crises, again, that our coun- tleman from Texas? Army; and I.S. Leevy Johnson, the first try has ever seen, many workers across There was no objection. African-American president of the the U.S. felt that the economic recov- Mr. VEASEY. Mr. Speaker, we are South Carolina State Bar Association. ery had left them behind. The rise of going to talk today about something In the modern era, under the leader- automation and outsourcing pushed very important: our economy, jobs, and ship of President David Swinton, Bene- many of those workers out of jobs that the state of America in regards to dict has grown to a student body of they absolutely loved. The frustration those subject matters. more than 2,800 undergraduate stu- felt by these workers is understand- Mr. Speaker, I yield to the gentleman dents. In 1995, Swinton revived the able. Everyone—everyone—wants a from the State of South Carolina (Mr. football program and marching band 30 good job that lets them, for their fam- CLYBURN), who is a good friend of mine, years after they had been shut down. ily, be able to take care of themselves, our colleague, and our assistant leader, He also championed a new sports com- be able to pay their bills, send their to come address us on a very important plex on Two Notch Road in Columbia, issue that relates to many of those kids to college, and buy a car. which includes a football stadium, ten- President Trump appealed to many things that we talk about. nis courts, baseball fields, and fitness I would like to invite Leader Clyburn blue-collar workers during his cam- facilities. The liberal arts curriculum paign with a populist message and to come and talk to today. I really ap- now offers degrees in 30 different dis- preciate his coming and taking the pledges to help working America, but ciplines. President Swinton also has his actions since taking office directly time to be part of this hour. led the efforts to preserve and restore Mr. CLYBURN. Mr. Speaker, I thank contradict so many of his promises. many of the historic buildings on the President Trump is playing one of the my friend, Congressman VEASEY, from campus, in part paid for with Federal the great State of Texas. slickest political scams we have ever funds from the HBCU Historic Preser- seen on hardworking American fami- Mr. Speaker, I rise today as part of vation Program that we in this Con- the observation of Black History lies. It is a scam. It is not real. gress have championed. On his first day in office, President Month to continue my series of re- President Swinton will retire this Trump signed an executive order that marks recognizing HBCUs, Historically summer after 23 years of service to the raised mortgage rates for new home- Black Colleges and Universities. I ask institution. I wish him well and thank owners. Those same people that live in my colleagues to join me in celebrating him for his leadership. those Rust Belt States are those same Benedict College in Columbia, South Today, on the same land where individuals that were Democrats that Carolina. Blacks once toiled in slavery, their de- went on television and went on social Founded in 1870, just 5 years after the scendants are now learning the tools media and said they were going to give end of the Civil War, by the American they need to live up to Benedict Col- this guy a chance. What does he do on Baptist Home Mission Society, Bene- lege’s motto: to be powers for good. the very first day? We are going to dict was originally named Benedict In- Like so many HBCUs, Benedict offers a raise interest rates on new home- stitute, after Stephen and Bathsheba unique religious experience in which owners, people trying to live the Amer- Benedict of Rhode Island, Baptist abo- students from many different back- ican Dream. There is nothing more litionists who had donated the funds to grounds share a common struggle for that embodies the American Dream acquire the property on which the cam- equality, and I am pleased to recognize than being able to buy that first home. pus sits. Formerly the site of a pre- them today. It was a slap in the face to those blue- Civil War plantation, the first classes Mr. VEASEY. Mr. Speaker, I want to collar workers and a boost to Wall were held in a dilapidated mansion on thank the leader for his comments and Street. the grounds. Benedict Institute was for participating tonight. I really ap- President Trump also signed an exec- formerly chartered by the South Caro- preciate his words and that recogni- utive order that made it easier for Wall lina General Assembly in 1894 and re- tion. Street bankers to make money on named Benedict College. I want to thank everyone that is with risky bets. His Labor and his Treasury From its founding through 1930, us today to talk about our Blue Collar Cabinet nominees both have track Benedict was led by northern White Caucus and jobs in this country. I records that are very unfriendly to the Baptist ministers. In 1930, Reverend think that there is nothing more im- middle class and have no under- John Starks, an alumnus of Benedict, portant to any individual—any man or standing what middle class workers became the school’s first African- woman—than the ability to be able to face. American president. The heart of its have a good job, to take care of your It is clear that President Trump does campus has been designated the Bene- family, and to be able to be a part of not have a plan to fight for the work- dict College Historic District, con- the American economy and to con- ing man and woman as he promised on sisting of Morgan Hall, Pratt Hall, tribute to that economy. the campaign trail. That is why my Duckett Hall, Antisdel Chapel, and I want to start off talking about colleagues and I—BRENDAN BOYLE who Starks Center. President Barack Obama. Under Presi- is here with me from the State of Like Allen University, its neighbor, dent Barack Obama, the American Pennsylvania, we formed the Blue Col- Benedict College has a long legacy of economy added 9.3 million jobs and lar Caucus to address challenges facing

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.074 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1226 CONGRESSIONAL RECORD — HOUSE February 15, 2017 blue-collar workers in today’s econ- Consider another statistic. Compared third of workers who are veterans who omy. We are going to stand up to the to the year 2000, in inflation-adjusted would be trying to go to work. Trump administration when he turns figures, the middle class has less The Federal Government is expan- his back on working class America. wealth today than at that point 16, 17 sive. That includes workers at the VA; Our mission is to listen directly to years ago. That is the only decade-and- it includes workers at the FAA; it in- middle class America’s concerns and a-half that you can look at in Amer- cludes workers at the Defense Depart- translate their needs into policies that ican history in which the middle class ment, the State Department; on and on allow them to adapt to the changing is worse off than the decade-and-a-half and on. So this is really freezing out job market. We have to be able to equip that preceded it. veterans from going to work. our blue-collar workers with training So while these are presented as just I had a young veteran in my office that leads to jobs and opportunities. ‘‘economic issues,’’ really, they are the other day who had some skills in We just can’t say ‘‘job training.’’ Those much more than that. They strike at radiology. He learned that through his training opportunities have to lead to the very heart of who we are as Ameri- military service in the Navy, but also something of substance, which is a real cans and what we stand for. So we are when he got out, with the GI bill, and job with a paycheck and some benefits. going to be talking, as part of this cau- trying to go to work at the VA. I had This year alone, the U.S. is expected cus and over the next close to an hour to explain to him that President to add 2.5 million middle-skill jobs, the or so and for many weeks and months Trump, when he came into office, put a majority of which employers are tell- to come, about what we can do specifi- hiring freeze on, and that we were ing me—and they have been to my of- cally for the blue-collar economy, for going to have to try to figure out an- fice, and Mr. BOYLE has probably heard those who work with their hands and other way to put him to work. the same thing. They are saying that for those who have been, in many ways, Well, that case is playing out over 50 these jobs are hard to fill. The Blue held back because of transitions that States, and thousands—probably tens Collar Caucus is going to prioritize our economy has faced. of thousands right now—of veterans training and retraining initiatives to I have many things that I want to are being denied the opportunity to go provide real opportunity and security talk about as part of that, but I don’t to work for the Federal Government. to working class Americans. want to go on too long because we have Many of them have skills that are nec- I have a lot more to say, but I do been joined by someone who doesn’t essary. want to turn it over to BRENDAN BOYLE just talk the talk, but has walked the We have people retiring and leaving from Pennsylvania, my good friend, walk, a union worker himself, an iron- Federal employment on a daily basis. who also has the same passion to rep- We have nurses that are retiring at the resent and really stand up for working worker, I believe, a good friend of mine from Massachusetts, and someone who VA and folks that work for the EPA class America, for blue-collar Amer- are leaving at the end of their working ica—not just promise them things, not works hard himself both in his previous occupation and now standing up and lives. They are retiring. Yet, we are just get them pumped up with a bunch blocking these veterans from filling of hype, but to really talk about real fighting for working people. Mr. VEASEY. Mr. Speaker, I yield to those positions because of the Presi- policy initiatives that will help them dent’s hiring freeze. be able to put some food on the table, the gentleman from the State of Mas- sachusetts (Mr. LYNCH). Seeing that, I actually drafted a bill put some money in the bank, be able to that I am happy to share. It is H.R. buy that first house and buy that car b 1745 1001. It will basically create an excep- that they always wanted. I thank the Mr. LYNCH. It is wonderful to join tion. It will keep the President’s freeze gentleman very much for his dedica- Mr. BOYLE and Mr. VEASEY from Texas. in place, except for veterans coming tion to blue-collar America. I thank them for creating the Blue Col- back from Iraq and Afghanistan, vet- Mr. BRENDAN F. BOYLE of Pennsyl- lar Caucus. I think the time is perfect vania. I am very excited to be joined in erans who have served in previous con- for the challenges that we face as a this effort with the gentleman. flicts. Anyone who has put on this country, and I think also, as a Demo- Mr. Speaker, this comes out of a country’s uniform as a veteran would number of conversations that my col- crat, embracing some of our tradition. be exempt from the hiring freeze so I think, in some cases, we have drifted league, MARC VEASEY, and I have had that we can do the right thing. just in the back of this Chamber about from that. Each and every one of these young both of our experiences growing up, I do want to talk about the blue-col- men and women—and there are a lot of which are very similar, coming from lar economy and what is happening to women—I have been to Iraq 17 times working class or blue-collar parents people who work in the building trades now; Afghanistan, about 9 times; and I who worked very hard to make sure and work as truck drivers and nurses am amazed at the number of young that their children had opportunities and people who are really the backbone women who serve our country in uni- that they may not have had. In many of this country. form. ways, that is the American experience: As BRENDAN mentioned, I was an I already have, including my col- people who work hard, play by the ironworker for about 20 years. I know leagues here, 23 Democrats who have rules, pay taxes, raise their kids, and what it is when you are trying to work signed on. I would love to get some of hope that their kids will have opportu- from paycheck to paycheck, strapping my Republican friends on this bill. nities that they didn’t have. That is on a pair of work boots every single This should not be a partisan issue, what built the American middle class. day. trying to put veterans to work. I am What is so difficult about the time in I also want to focus tonight on one sure we have got some good Democrats which we are living is that it is not part of Mr. Trump’s executive orders and Republicans out there that agree just about an economic growth that is and policies that have really hurt peo- on this, and this should be a bipartisan 2 percent; it is not just about the sta- ple in our demographic: regular work- issue. We can stop the—let’s be hopeful tistics that we often cite on this House ing people. I want to speak specifically it was unintended consequences of the floor. It is about a loss of hope in the about veterans. hiring freeze. We can stop this by com- power of the American Dream. As most people heard, President ing together. Sign onto H.R. 1001. There was a statistic that came out— Trump, when he came into office, initi- Again, I thank my colleagues for having just said it is not about statis- ated what was called a Federal worker their advocacy on behalf of workers. tics, let me cite one—that I think is, in hiring freeze, stopping any workers I notice today that the President’s fact, very telling and really shocking. from going to work for the Federal nominee for Labor Secretary, Mr. Ninety-two percent of the World War II Government. I just want to remind Puzder, who had a very bad record with generation went on to earn more than people out there that about 30 percent workers, withdrew his nomination. He their parents did. For the generation of of those workers are veterans. So 30 has withdrawn from consideration. I which I am a part and MARC is a part, percent of the people who go to work think it is because of the hard work taken at exactly the same point in life, for the Federal Government are vet- that Mr. VEASEY and Mr. BOYLE have that figure is exactly one-half—46 per- erans. By putting a freeze on Federal done in speaking out on behalf of cent. workers, you are blocking almost one- American workers and pointing out the

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.076 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1227 bad decisions and the wage and gar- I believe in capitalism and I believe were all actually really good things nishment issues that Mr. Puzder had. I in the market, but clearly something is that the President was advocating for. just think that their advocacy helped deeply wrong in our economy, the My question and what I want to enormously in having him withdraw structure of it, when we have that sort know and what I want Rust Belt work- that nomination. of situation, when workers are not ers and people all around the country I thank my colleagues again for the being rewarded for their hard work. to ask: Is this Presidency, is this ad- great work that they do on behalf of all I recall my colleague, Mr. VEASEY, ministration going to embody and real- American workers, and I appreciate talking a little bit about his family ex- ly embrace those same principles that their service to the country. perience and the similarities to my were talked about for President Obama Mr. VEASEY. Mr. Speaker, I yield to own and the fact that blue-collar work- when he was really trying to protect the gentleman from Pennsylvania (Mr. ers like our parents actually have these workers? Is this President going BRENDAN F. BOYLE). fewer opportunities in America today to do the same thing? Are his partners Mr. BRENDAN F. BOYLE of Pennsyl- than they did when we were growing in the legislative branch, our col- vania. We are planning, actually, to up: fewer job opportunities for lower leagues on the other side of the aisle, talk about someone who was, quite wages and not as rich benefits. I say the Senators on the other side of the frankly, the worst Labor Secretary not as rich benefits, but, actually, very Capitol that are Republicans, are they nominee in our Nation’s history; lit- insecure benefits in terms of health going to also stop going after American erally putting the fox in charge of the care and a lack of a defined pension. wages, stop going after American henhouse. You can tell I am from the If Mr. VEASEY would possibly talk workers and their benefits, and start city because I botched that metaphor, more about that and other parts of the standing up for these workers so they but maybe MARC will be able to help heart and soul of our Blue Collar Cau- can put some more food on the table? me with that. cus. That is what I want to know. Those To put someone in charge of the Mr. VEASEY. One of the things I re- are the type of questions that we Labor Department who had a complete member growing up in Fort Worth, should be asking and we should be history of ripping off fast food workers, Texas, was that we were blessed to talking about. paying in some places, in some Har- have several manufacturing facilities President Trump can put out a state- dy’s, below minimum wage because that were union shops. We had General ment on this right now if he wanted to, they were falsely classifying workers, I Dynamics, which is now Lockheed Mar- but obviously he has a lot of other can’t think of really someone who, in tin. When I was growing up, it had things going on. many ways, epitomized the kind of about 30,000 employees out there. The Davis-Bacon Act, as many of us greed that we see in our economy We had Bell Helicopter, which is know, is the rule that ensures all Fed- today than the former Labor Secretary owned by Textron now. There are lots eral contractors are paid a fair wage nominee. of employees out there. We had Miller while they are working on public works That actually works to a point that I Brewing Company, which is still there. projects. wanted to raise. I think it is a big part Now it is MillerCoors. We had several If there was ever a repeal of Davis- of what has been happening in our places, like General Motors, which I Bacon, we would see a decrease in the American economy today. think I mentioned a little bit earlier. quality of blue-collar jobs, and we can In the post-World War II era, for So we had several places that had absolutely not afford that. Stagnating roughly three decades we had large good benefit. I had family members wages, like I talked a little bit about gains in productivity and large gains in that worked at many of those places. earlier, has left workers unable to care wage growth. That is from roughly the Good benefits, good jobs that people for their families. As a result, one- mid-1940s to about the late 1970s. You could really be proud of. One of the rea- third of blue-collar families are en- saw workers becoming more produc- sons why we have seen the decline of rolled in one or more social safety net tive, working harder and smarter and pay in this country is because of the program. better than ever, and you saw wages Republicans and their efforts to under- That is not what blue-collar workers growing to almost exactly the same mine labor. want. They want the ability to be able percentage: 97 percent increase in pro- When you start talking about under- to take care of their own families. ductivity, 91 percent increase in wage mining labor and when you turn on They don’t want these social safety net growth. these talk radio shows—you turn on programs. They want to be providers But then, over the last 30 years, The Rush Limbaugh Show, you turn on and be proud of their jobs. something quite different has hap- Mark Levin, you turn on these shows— The Blue Collar Caucus intends to de- pened. The productivity growth has they are always talking about how bad fend the Davis-Bacon Act and fight any continued. The American worker is unions are in this country. But when I attempts to decrease wages for Amer- more productive than at any point in think about my own experience grow- ica’s already struggling working class. our Nation’s history and is the most ing up in Fort Worth and I think about We know that we can build an economy productive workforce in the world. towns like White Settlement; towns that works for everybody if we just That is not boasting; that is an eco- like Benbrook; the community that I work together. So work with us as we nomic fact. grew up in, Stop Six and Como; and I stand against President Trump’s Yet, since the 1970s, wages have bare- think about the middle class jobs that unfulfilled promises and stand up for ly gone up at all. Those are the aver- many of these union shops brought to these blue-collar workers. That is what ages. That doesn’t account for the fact all communities, again, whether it was we want our friends on the other side that when you are talking about the the White community, the Hispanic of the aisle to do. blue-collar economy, when you are community, or Black, they allowed But what I would really like to see talking about those who don’t have a people to be able to put some food on right now, even before President higher education, when you control for the table. Trump reaches out to, again, his Re- just that group, wages are actually I have got to tell you, I was really publican friends in the legislative lower today than they were 30, 40 years kind of tickled and shocked at the branch, is for him to come out and ago. same time by an article in the opinion make a statement for these blue-collar Now you might wonder: Well, how section in The Wall Street Journal workers, for these people in the Rust are CEOs doing? Have they shared in back on September 3, 2015. It was ti- Belt, for these people in the South, for the pain? tled: ‘‘The Shop Steward in the White these people in Dallas-Fort Worth, and Well, 50 years ago, CEOs made 20 House.’’ It was taking a shot at Presi- all over the country. I want him to times what typical workers make. As dent Obama for all of the things that come out and make a statement on of 2013, they make just under 300 times he was doing for American workers, where he stands on Davis-Bacon. a typical worker’s pay—from making and many of the things that the Wall 20 times more than your average work- Street guy that wrote the article was b 1800 er to more than 300 times your average complaining about, saying all these It is one thing to just talk in broad worker. things about President Obama, they categories about bringing jobs back to

VerDate Sep 11 2014 05:27 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.077 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1228 CONGRESSIONAL RECORD — HOUSE February 15, 2017 our country, stopping our jobs from members, it helps all workers. It helps agree with. Now that he is President, going overseas. This is an actual policy all of those in the workforce. let’s see if the record matches the rhet- that we know has been good for many I talked earlier, and I was thinking oric. We are going to be here to hold workers in Mr. BOYLE’s district and in about this when MARC was talking him accountable, to hold both sides ac- mine and, again, everywhere. Where is about his family’s experience in those countable because, you know, the fact the President on this issue? Why is he towns in the Dallas-Fort Worth area. I is this town, for many decades, has not not saying anything about Davis- remember from my own family’s expe- looked out for the blue-collar worker. Bacon? I want to hear what he has to rience, we were very lucky that my We are quick to indict the other side say. I know that Mr. BOYLE knows dad, without a college education, with where they are wrong, and I think ap- about just how important things like the equivalent of a high school edu- propriately so. Davis-Bacon are and other issue areas cation, after many years of trying, was This Blue Collar Caucus is for all are. able to break in to Teamsters Local 169 those who really want to make a dif- Another area is the Supreme Court as a warehouseman. It simply means he ference in the blue-collar economy, for nominee, Mr. Gorsuch. Where is he worked in a warehouse for Acme Mar- those who want to put the American going to rule when it comes to working kets. He did that for 25 years. There worker first and foremost. I can say families? That is what I want to know. were a couple thousand such workers President Trump is not off to a great That is the type of thing that I hope who were employed in the city of start with some of his Cabinet picks, that people on the factory floors and Philadelphia. who look more like the board at Gold- shops across this country start talking Then in the late 1990s, around the man Sachs than any union hall. I hope about is how is this man going to rule? year 2000, they closed all those ware- that this first month will not be a sign We already know that he has made sev- houses. They laid off close to 2,000 of more to come, but whether he is get- eral bad rulings as it relates to work- workers. They decided that they would ting an A or an F, we are going to be ing families, rulings that will directly set up shop, instead, in a place where here to grade his performance on these affect how big their paychecks are, lit- they could pay the workers half the real-life, meat-and-potato issues that erally has made rulings that have wages, reduced benefits, and not as matter to the vast majority of Amer- taken money right out of their pock- many workers. Fortunately, things ican families. ets, right out of their bank accounts. worked okay for my dad. He ended up Mr. Speaker, MARC and I represent Those are the types of things that we on his feet. He spent the last 16 years two different regions of the country, need to be talking about, not all this as a worker, as a janitor for SEPTA, two different areas, yet, in many ways, 35,000-feet-up-in-the-air-type stuff, but the Southeastern Pennsylvania Trans- exactly the same kind of folks. I want- actual policy details that we know can portation Authority. ed to know what MARC is hearing as he impact and hurt families. Many of the guys who got laid off in goes out into his community in Fort Mr. BRENDAN F. BOYLE of Pennsyl- their 50s and 60s weren’t as lucky. Worth about how things are going for vania. Mr. Speaker, MARC is exactly Many of them never found, again, a job American workers and what they want right. I was so glad that he brought up as well paying or as secure. Some of from this administration. unions and the important role that them turned to alcohol. Some of them Mr. VEASEY. Absolutely. When I am they play because when I talked earlier turned to drugs. A couple even com- back in the district in the Dallas-Fort about the fact that for 30, 40 years we mitted suicide. Again, I want to show Worth area—and Dallas and Fort had an economy that was working well, that these are not just economic Worth are the two most recognizable that saw productivity gains but also issues. Sometimes the elites—and I cities that I represent in the district, wage gains in roughly equal propor- mean elites not just on the Republican but there are other cities. We have Ir- tion. And then suddenly in the last 30 side; elites of all political ideologies— ving that is there, we have Grand Prai- years you have seen that change. You sometimes look at these as just eco- rie, we have Arlington where the Cow- have seen the productivity gains con- nomic issues. They are real-life issues. boys stadium is located, and a lot of tinue, but you have seen wage growth When we see the diseases of hopeless- people are asking: When are we going at practically zero. ness that are happening right now in to get these good jobs back? We want Well, it is not a coincidence that for places like western Pennsylvania or to see some of these good jobs come three, four decades you had strong Texas or Kentucky or, really, all parts back. I have got to tell you, the Presi- unions, from the mid-1940s until about of our country—and, by the way, dent made a lot of promises when he the late 1970s or so. They were there White, Black, Hispanic, Asian, what we was on the campaign trail about bring- fighting for workers, fighting for in- are talking about touches all races, all ing some of these jobs back, and I want creased wages, fighting for a secure re- ethnicities, all backgrounds—these dis- to see those jobs come back, too. tirement, fighting for real health bene- eases of hopelessness that have been on I think that with everything going on fits. the dramatic rise are a real problem for right now, with the resignation of Gen- Then you saw an economy beginning our society, but to look at them as just eral Flynn and there being so much in the early 1980s where the power of a drug problem or just an alcohol prob- talk about campaign operatives on the unions declined. The number of work- lem or just a mental health problem Trump campaign talking to Russian in- ers involved in the workforce who were and not see the economic link is very telligence officials, I think that he is unionized declined. I don’t think it is a naive and incomplete and will never going to be too distracted to help these coincidence that just as you saw the solve the real problem, go to the heart workers. I think that Republicans are number of workers in unions decline of solving the real problem. going to be too distracted to help these and the number of unions decline and Mr. Speaker, MARC and I both look workers in the Rust Belt, to help these the power of unions decline, you also forward—he had mentioned it to me— middle class, these blue-collar workers. saw real wages decline. Certainly no to periodically coming to this House I have got to tell you, during our re- coincidence. For 70 years, worker floor and talking about this new Presi- treat last week while we were in Balti- wages and the strength of unions have dent’s record when it comes to address- more, I opened up The Wall Street moved in tandem, going up together or ing these issues. He talked a lot during Journal first thing in the morning. I going down together. the campaign, made a lot of promises. saw this article about how—and it was Critical to the strength of the Amer- He is great at making promises. In about jobs still pouring in to Mexico, ican workforce are provisions like fact, you would probably say he is the and it was really one of the saddest Davis-Bacon that have existed since best ever at making promises. Well, we things that I ever read. For some man- the late 1940s that guarantee a pre- are going to be showing his record, to ufacturers, Mexico is still the best vailing wage on Federal projects. It see if he is keeping those promises to move. They specifically were talking helps not just those workers who are the American people. about a corporation called the Rexnord unionized. It lifts all workers because On some issues, he sounded like a Corporation. when you have a union that is out Democrat. On some issues, when it It really broke my heart when I was there fighting for higher wages and came to infrastructure or trade, he said reading the articles about how they fighting for better benefits for its things that I can agree with and do were asking the workers at this plant

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.079 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1229 in America, in our country, to actually a Blue Collar Caucus just to remind that we have renewables, that we have train individuals from foreign coun- ourselves what we should be doing here clean energy. But we also understand tries to replace them. They wanted is focusing on jobs. Jobs, which is the with each of those decisions comes them to train them for the jobs that best social program I have ever been whether or not somebody is going to be they currently had here in our country with. able to go home and say: Honey, I lost and asking them to, you know, train I entered my professional life as an my job today. these people so we can ship your job electrician, as an electrical apprentice. Today was a remarkable day—the out of the country and you can be re- I went through the other 4 years of first withdrawal of a nominee for the placed. How demoralizing to go to work school. It was called an apprenticeship. Department of Labor. And I guess this knowing that you are training someone I worked on bridges, refineries, pipe- is where, during the election cycle, I next to you for your job to be sent lines throughout the Delaware Valley. see the difference. overseas or sent out of the country, I understood how tough it is sometimes It is very clear that the President your livelihood, everything that you for people to make it. When work got wanted to talk about jobs, good jobs, have known. For a lot of these little, slow, we got laid off. We collected un- putting America back to work. And small towns, these companies really employment. Those are the struggles then we have the secretary nominee are the face of the town. that men and women in our great coun- put up—who talks about minimum In Texas, and I am sure it is like this try are going through each and every wage is a bad thing, talks about robots in Indiana and in other parts of the day. If anything, this last election are things you don’t have argument Rust Belt and other parts of blue-collar cycle reminded us of that, that some- with. He wants to outsource. That is America, Friday night football is a times the dignity of being able to take not the way to rebuild the economy. really big deal, maybe the local high care of your family, send your kids to Mr. BOYLE talked about the discrep- ancy between those who work for a liv- school basketball game is a really big school, and retire with dignity is the ing, the average worker on the line, deal, but also that ranks right up there most important thing we can do. with both of those two athletic activi- and those who are the CEOs. When I b 1815 ties in these towns, their identity is grew up, there was an implied partner- driven by their job. I thought that was I have seen firsthand what happens ship with so many of those companies. Those who went to work in a first-gen- such a sad commentary about where we with minimum wage. They tend to eration company, that CEO knew every are now. think it is all a bunch of kids flipping Again, with all of the executive or- hamburgers. Well, it is much more employee’s name. But time after time, ders, when you start talking about the than that. It is a woman I spoke to, when that company gets sold, that dis- travel ban on citizens from Muslim who had a child 8 years old, who had to connect comes in. They forget about countries, when you start talking work two jobs just to make sure that that. And that is where those relation- about the executive order to raise in- in the winter, when her daughter need- ships, that partnership that is so im- portant, starts to break down. terest rates on first-time homeowners, ed a coat for winter, that she could We had a conversation in our Edu- no executive orders whatsoever to pro- take care of her. And she recalled to us cation and the Workforce Committee tect the American worker. We are a how badly she felt that her daughter’s teacher for PTA wanted her to come in the other day about the NLRB, which month into the administration. No ex- is the group from the Department of ecutive order, no action, no comments and help. She had to decide whether or not to keep food on her table or par- Labor that judges whether or not elec- on Davis-Bacon, nothing to reinforce tions with unions are done fairly. the fact that we are with these guys, ticipate in her child’s school. That is a tough decision when we both want to There was a suggestion somehow that and it is really sad. they are not being treated fairly. It I am sure that these workers out help. couldn’t be any further from the truth. there, in America, in New Jersey, in When we look at what we have done as a country, as compared to elsewhere If workers want to have a voice, they other States, I bet you they are sitting should have that voice and choose in the world, it is very different when back watching, saying: How in the whether or not they want to join with we look at the blue collar, particularly world is this President going to help us the union. That is the American way— in the building trades where I came with all of the distractions that are that democracy. Yet, the nominee for from. Throughout Europe, particularly going on over there? When is he going Labor wanted to do away with the in Switzerland and Germany, they look to help us? He has done all these other NLRB. In fact, when we look at the at working with your hands with just things with the executive order, why total case history, it is like putting the the same dignity as going through col- not do something for the American fox in charge of the henhouse, unless, lege. This country doesn’t always do worker? of course, you own the henhouse, and that. Guidance counselors tend to push Mr. BRENDAN F. BOYLE of Pennsyl- then it is okay. vania. We have been joined by DONALD them into college as the only measure- I want to finish up by saying to Mr. NORCROSS, our colleague within the ment. VEASEY and Mr. BOYLE how appre- Democratic Caucus and here in the College isn’t for everybody. I have ciative I am of keeping this focus on House, and my neighbor from just the three brothers. They went the tradi- the forefront of what we do here in other side of the Delaware River. MARC tional college route. I decided I really Congress. I created a Building Trades brought up football a couple times. enjoyed working with my hands. I went Caucus, along with a colleague, Mr. Yes, he is a diehard Cowboys fan. Well, and became an electrician. Those jobs, MCKINLEY, out of West Virginia. We as a Philadelphia Eagles fan, I am glad we are on over 20 years ago, I still talk could try to move this forward, create to have been joined by another Eagles to my kids about it today—the dignity an infrastructure package that puts fan, someone much like STEPHEN of working with your hands. America back to work and keeps our LYNCH, someone who doesn’t just talk This country is starting to change, roads, our bridges, and our grid safe. the talk but has walked the walk, who particularly when you need an elec- Let’s remember one thing: a fair has worked with his hands and is some- trician. When Mr. BOYLE’s lights in his day’s pay for a fair day’s work and the one who brings great credibility to house go out, who does he call? That dignity of a job. I appreciate what you these issues, as someone who himself electrician is worth his weight in gold, have done. was out as a blue-collar worker every isn’t he? Mr. VEASEY. Mr. Speaker, I thank day and now gets the chance to fight And I know Mr. BOYLE’s story. His the gentleman from New Jersey (Mr. for them here on the House floor where parents came over here as first genera- NORCROSS). I really appreciate his that fight is badly needed. tion and are living the American heartfelt words. I thank him for telling Mr. VEASEY. Mr. Speaker, I yield to Dream. They have to be so proud of us about his journey, employment, and the gentleman from New Jersey (Mr. him. how much electricians mean to this NORCROSS). And in Mr. VEASEY’s district, those country, and other people that work Mr. NORCROSS. Mr. Speaker, I refineries are important for jobs, as with their hands. thank BRENDAN—Representative they are in mine. I think we absolutely I think it is sad that in a lot of our BOYLE—and MARC for putting together have to keep the focus on making sure public schools that type of work has

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.080 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1230 CONGRESSIONAL RECORD — HOUSE February 15, 2017 been—quite frankly, there is no other America, what is he doing for them. I done to the people of the heartland and way to say it—some of it has been put think the proof is in his actions, or our country in general? down. But those workers are impor- lack thereof. What will President Trump do for on- tant. We need to stop having people After roughly 20 executive orders and going negotiations he inherited on the rank jobs and make sure that we know actions, we see President Trump has a U.S.-China Bilateral Investment Trea- that all jobs in this country are impor- penchant for mediagenic events and ty, the Trade in Services Agreement, tant. moments with a hodgepodge of execu- the Transatlantic Trade and Invest- Since 2000, the United States has lost tive orders, but apparently not sending ment Partnership? Will he put Amer- about 4.8 million manufacturing jobs. any legislation up here yet. And most ican workers, global workers, and envi- That is a 29 percent decrease in jobs for striking is his clear motivation to as- ronmental concerns at the forefront of blue-collar workers. Again, manufac- sist his wealthy friends on Wall Street negotiations? Or will he continue to turing jobs are good-paying jobs. Man- with appointments to the administra- allow corporate and wealthy financial ufacturing jobs pay about 20 percent tion, such as Secretary of Treasury, interests to dominate and run rough- higher than service jobs do. So any rather than paying attention to aver- shod over workers and communities? manufacturing job that we lose in this age Americans who voted for him. He Candidate Trump promised the 15,000 country is bad. exhibits a great penchant for public ap- steelworkers laid off due to a flood of One of the saddest stories—and there proval rather than a focus on efforts to unfairly traded imports that he would are so many sad stories about these improve the current economic stagna- support America’s manufacturing and plants that have closed down, and so tion of average Americans. industrial base. He came to Ohio and much of the focus has been on the Rust We are noting that he is filled his said that. He promised to protect our Belt, and rightfully so. And MARCY Cabinet with billionaires and multi- industries from the Chinese and to KAPTUR may tell me if I am pro- millionaires who simply can’t figure keep jobs at home. But in the pipeline nouncing the name of this city cor- out how to walk in the shoes of blue- of executive action, he actually en- rectly. But there is a story about the collar America. His actions to help the forced the trade agreement Buy Amer- closing of a Rubbermaid facility in a wealthiest Americans will have signifi- ica waiver, negating his promises to place called Wooster, W-O-O-S-T-E-R. cant consequences. help America’s steelworkers. How They said that they were shutting So what happened with his promise about that? That was done in the first down this Rubbermaid facility in Woos- to drain the swamp? month. Just recently, the U.S. Department ter, Ohio, but they were going to keep I thought in the first month we of Commerce released a report that the big outlet mall open. And I thought would have had something that would showed the U.S. trade deficit hit a 4- to myself: How in the world can people really resonate out in the heartland. year high as it rose to over half a bil- afford to go to the outlet mall, or any While all of this happens just miles lion dollars for 2016. Middle America shop, if the jobs are gone? It is just an- away at the White House, our Repub- isn’t surprised this trade deficit con- other sad story about how America is lican congressional colleagues remain tinues to hollow out U.S. manufac- losing manufacturing jobs. either silent or moving the car in re- turing jobs and depress incomes across Luckily, we have people like the gen- verse. our great Nation. Reducing our trade tlewoman from Ohio (Ms. KAPTUR), who Why would they criticize activity deficit should be a top priority for the fights for her State and fights for man- that helps those who fund their elec- new administration. I hope the Presi- ufacturing jobs, and not just in her tions? dent puts a big scoreboard in front of State, but for the entire country. We need campaign finance reform to the White House on his progress on this Mr. Speaker, I thank Ms. KAPTUR for dominate their political focus and front. It would do wonders to fix the her dedication to the working class write their policy objectives, like tak- economy for working Americans if we men and women in this country and for ing away today here in the House the balanced that trade deficit. all blue-collar workers. ability of workers to save money for As Congressman VEASEY has said, the Mr. Speaker, I yield to the gentle- their own pensions, for heaven’s sake. Democratic Party has long championed woman from Ohio (Ms. KAPTUR). In Trump’s first days, he took action issues for blue-collar America that cre- Ms. KAPTUR. Mr. Speaker, I thank to roll back the financial reform bill ate real life success for working class the gentleman from Texas (Mr. called Dodd-Frank and tried to elimi- people. Lost in the political dialogue is VEASEY) for his great leadership in nate protections for seniors as they the reality that Democrats have al- bringing us together in this Blue Collar seek retirement investment advice. We ways stood for individual and economic Caucus. I feel very comfortable. I actu- know there are a lot of sharks out rights for average Americans of all ally have blue on today. there in the financial waters. backgrounds. Each of us in our own I thank the gentleman from Pennsyl- Why wouldn’t you want to help the lives represents that, and it is a privi- vania (Mr. BRENDAN F. BOYLE) of the American people rather than hurt lege to serve here in this House. greater Philadelphia area, the gen- them more? For blue-collar families, education tleman from New Jersey (Mr. NOR- He did nothing to address the trade remains a vital stepping-stone in up- CROSS), and myself from the Toledo to issues, which were in his power to do ward mobility. Democrats continue to Cleveland, Ohio, part of our country to on day one, and propelled his victory prioritize early childhood literacy and bring to the attention of the American through our part of the country. I note STEM education, efforts to make people the fact, for example, that my colleagues come from Texas, Penn- Americans globally competitive in ad- workers in northern Ohio, since the sylvania, New Jersey, and me being vanced manufacturing, science, medi- year 2000, earn on average $7,000 less from Ohio. It was actually the Mid- cine, and research and development. than they did at the beginning of the western States that lifted this Presi- Democrats continue to expand appren- century. They have taken some great dent to victory. He hasn’t declared ticeship options to allow young people hits. They are hardworking people. China as a currency manipulator. He to enter the workforce trained and They are fighting back, but they need could have done that already. without the enormous burden of stu- our help. He had no elimination of the Buy dent loans. In the last 3 weeks, if we take a look America waiver, which affords access Meanwhile, Republicans push policies at President Trump’s term thus far, we to U.S. Government contracts for all that exacerbate the ever-expanding begin to see the real Donald at work, if firms and goods from 45 World Trade wealth gap, even allowing it to invade I might quote one of the news media. Organization nations and 16 additional our school systems. Just watch the op- After months of grandiose campaign U.S. Free Trade Agreements that exist. position Mr. Trump and his newly promises to renegotiate NAFTA, bring Not a word about that. minted Education Secretary Betsy back American manufacturing jobs, No NAFTA renegotiation. He could DeVos have towards public schools. and make America great, we can begin have pulled the plug on that on day In closing, let me thank our es- to assess where he is putting his atten- one. Nothing. teemed leaders here in the Blue Collar tion. I think this is really important Where is the negotiating team in Caucus, Congressman VEASEY and Con- for us, as we represent blue-collar place to take care of what NAFTA has gressman BOYLE. I don’t see that this

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I may be mistaken, but it seems like join them this evening. It is just hard to believe that, in the President Obama even said something Mr. VEASEY. Mr. Speaker, I thank intervening years between President glibly like, you know, ‘‘The 1980s called Representative KAPTUR and everybody Carter leaving office in January 1981 and they want their foreign policy that has participated tonight. and President Obama coming in in Jan- back,’’ something rather cheeky like I yield back the balance of my time. uary of 2009, all history had been for- that, when, actually, my friends across the aisle, in Judiciary at least, have f gotten or possibly even not really learned. come to realize that that was one thing b 1830 I guess, if you are learning at the Mitt Romney was right about and hands or at the feet of Jeremiah President Obama was wrong about. ISSUES OF THE DAY AND But if you look at what the Obama REFLECTING BACK Wright, who has such contempt—GD America was his feelings and expres- administration did, as soon as Presi- The SPEAKER pro tempore. Under sion—or if you are at the feet of Bill dent Obama took office, instead of tak- the Speaker’s announced policy of Jan- Ayers, who felt that blowing up police ing a principle stand—and I know there uary 3, 2017, the gentleman from Texas stations, things like that, hadn’t quite was a lot of perceived hatred by those coming in with the Obama administra- (Mr. GOHMERT) is recognized for 60 min- served the purpose, or perhaps if we tion for George W. Bush. Perhaps it utes as the designee of the majority take over educating college students goes back to President Obama’s days leader. who will one day train elementary stu- when he was growing up in Indonesia Mr. GOHMERT. Mr. Speaker, in our dents and high school students, then Judiciary Committee today, we have and he commented in his book, we can ultimately create the anarchy ‘‘Dreams from My Father,’’ about how been marking up what should have that we were trying to create in the been a couple of rather simple bills, but his stepfather was apparently paid off late 1960s and early 1970s. Back then, by these fat-cat guys from Texas, oil it is really as if the instructions on the we were unsuccessful, but great inroads Soros-funded website, manual, things guys, fat cats from Texas and Lou- have been made here recently. You isiana, something to that effect, and telling people how to obstruct the cur- would just have to believe that Amer- rent majorities in the House and Sen- you realized, holy smokes, he has had a ica was the problem for the world in great disdain for Texas, for Louisiana ate and administration, could possibly the last 100 years, and apparently there be carrying over here into the Capitol going back to, you know, preteen are those who feel that way. years. You couldn’t help but wonder if, itself because there are so many But for those of you who have talked amendments being offered and things in policies, it was carried through. Of with friends of different religions— course, he didn’t appreciate his step- being drug out and people saying the Muslim, Christians, Jews, secularists— same thing over and over. It is about father for working, and working with in different parts of the world, those the Americans back in those days. But Russia and corruption and one thing who are actually fair minded make it and the other—on and on and on. perhaps that has affected him. very clear: the United States has been So if George W. Bush took a prin- It is just interesting when people are the greatest force for good as a nation talking about their dramatic concerns cipled stand against Russia after Rus- that the world has ever known since sia assaulted the independent nation of over Russia, who, for years, have been the Dark Ages. It just has. Georgia—I mean, some of us remember totally silent. When everybody I know And thank God we have had such that President George W. Bush, trying of on the Republican side here had been wonderful allies in the endeavors that to look for the good in people, came asking that President Obama and his we have undertaken. Of course, in the back from meeting Putin and said, you administration do something about the liberation of Kuwait from Saddam Hus- know: I looked into his eyes and saw terrible hacking problem from Russia, sein’s hands, we had many other coun- his soul. He thought that is what he China, North Korea, Iran, he didn’t tries who joined us. President George saw—may have been looking into shark seem terribly bothered. H.W. Bush was going to liberate Iraq. eyes. But in any event, he soon learned I mean, it was as if he were afraid he So many Democrats had screamed at the error of his ways. And that is one might hurt Putin’s feelings or President George H.W. Bush as troops of the things I liked about President Khamenei’s feelings in Iran and maybe were moving into Iraq after the libera- George W. Bush. If he made a mistake, they would want to kill Americans in a tion of Kuwait, screaming: Stop, stop, he was big enough to say that wasn’t more brutal way, the Iran terrorists stop. They are giving up. They are giv- the right way to go, and he would try being paid. I can’t help but think that ing up. to fix it. there will be people in the next 4 years President George H.W. Bush ordered That is exactly what he did in his re- who are Americans, who are Muslim, the stoppage, and immediately there- lationship with Russia. When Russia Jews, Christians—especially those after, the Democrats that screamed for attacked Georgia—unprovoked, real- groups—who would be killed because of him to stop began berating Bush be- ly—President George W. Bush, his ad- the billions and billions of dollars that cause he didn’t finish the job in Iraq. ministration, properly took a very this administration forced into the Some of those same people were around principled stand. Some didn’t think it hands of the largest supporter of ter- to condemn his son George W. Bush went far enough, but he immediately rorism in the world: Iran. when he actually did finish the job. caused a cessation of the great rela- It was as if the world—and in par- There was yellowcake uranium that tions that had been going on and took ticular, the United States—had not was taken out which showed that Jo- some steps to chill those relations be- been punished enough for the mistakes seph Wilson had apparently said one cause of Russia’s unilateral attack of the Carter administration in think- thing to CIA agents and testified to against Georgia, hoping to wake Putin ing that by pushing the Shah of Iran— something totally different, who said up that you can’t just go attack a not a great man. Apparently, he could something totally different from his neighboring country like that. Even if be pretty brutal in his own right, but original interview when he got back you want the old Soviet Empire back, he kept radical Islam at bay. from Africa. Of course, he was heralded you can’t just do that without reper- When President Carter encouraged a hero by the mainstream media. cussions. So because of Putin’s impe- his forcing out of office, much as Presi- But it has just been amazing to see rialistic attack, Bush took a strong dent Obama did the same thing with the ebb and flow of international rela- stance and let Russia know: We don’t the President of Egypt, in both cases, tions. And reflecting back as I did ear- approve of what you have done, and we it created a vacuum that was imme- lier today, as so much from my Demo- are cooling things, we are freezing diately filled by radical Islamists. The cratic friends in Judiciary was made things.

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.083 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1232 CONGRESSIONAL RECORD — HOUSE February 15, 2017 One of the first things that occurred another message to Russia and the dent, and I went out to a collective after President Obama took office, he world when he stated that, basically, if farm. And being from East Texas, I sent his new Secretary of State, Hil- President al-Assad in Syria used gas on worked on farms and ranches. And dur- lary Clinton, to meet with the Rus- people in Syria, that would be a red ing summer, as this was sometime in sians and they had this red plastic but- line. And if he crossed it, obviously we July, I went out to a collective farm ton—looked pretty cheap, but it was would have to do something. He cre- there; and there were massive acres, supposed to have said ‘‘reset,’’ but ap- ated a red line. Nobody asked him to. huge numbers of acres out there. parently, they couldn’t get the trans- Putin picks up messages like that. I couldn’t really tell what was being lation right. I am not sure what it said, For all of the problems he presents, one cultivated and what wasn’t, what even peregruzka. I don’t know what it said. problem he does not present is where the crop was. It didn’t look good. It I don’t know what it was. But some- he stands, where he wants to go, and was brown. I couldn’t get over how sad body that didn’t know how to translate what motivates him. He’s very clear. things looked out there. This was down ‘‘reset’’ put it on and delivered the I have never met the man, but I have in the Ukraine, the bread basket of wrong message. studied enough about Russia, and I what was the Soviet Union at the time. But the more important message have learned enough about Putin to I know that if you are going to work that Secretary Clinton and President know exactly who he is, what he is ca- around the latitude that that was in Obama delivered to the rather ruthless pable of, what he wants to do. And it is Ukraine—similar to ours back in imperialist leader of Russia was this: pretty clear: He wants to rebuild his Texas—in the summer, you best start George W. Bush overreacted when you empire. He hates the United States. He around sun up so that you don’t have attacked your neighbor, Georgia, Mr. blames the United States for the fall of to work when the Sun reaches its hot- Putin, and we want you to know, we the glorious Soviet Union, that great test time in the day. don’t have a problem with you attack- USSR that once ruled the waves and Seeing all of the farmers gathered in ing Georgia, attacking your neighbors, the world. He wants a grand return to the shade there near the center of the trying to take over their territory. So those days, and he wants to be the village—a little town they had there— we are here with big smiles and big leader like Khrushchev or Brezhnev. they were all sitting in the shade mid- laughs because we want to be such a Really, he would rather be in the na- morning. I tried to use my best Rus- good friend of yours, and we think it is ture of Stalin. sian that I could speak at the time and perfectly fine what you are doing. We As Stalin himself once said, a trans- asked them, tried to use a smile: You think you are terrific. lation: With power, dizziness. Stalin know, when do you work out in the b 1845 said that, and he should certainly field? That is the message after Bush let know. They laughed. I thought, well, maybe Putin know: Wait a minute. We are not I think probably Putin has run into I messed up a word and made it into a going to let you be the big bully in the that as he has gotten all this glamour. weird translation. world. Enough. During the Obama years, so many mag- Then one of them spoke up in Rus- But the Obama administration sent a azines and journalists just couldn’t get sian, and he said: I make the same very clear message: We are not Bush. enough of Putin with his shirt off. I number of rubles if I am out there in We don’t have a problem with you at- mean, it may have helped the sex sta- the field or if I am here in the shade— tacking Georgia. tus of—as the status symbol of people if I am out there in the Sun or here in And it is hard to think anything but who were bald. Maybe I should be the shade, so I am here in the shade. that message that Hillary Clinton and proud and happy for that, but it didn’t I thought at the time that is why so- Barack Obama, as our President, sent seem to affect me at all. cialism, communism could never work. to Putin was clear: We would be okay But there was so much laid on the If you are going to pay people the same if you attacked Ukraine, Crimea. You shoulders—the mantle laid by the thing not to work as you do the people know, we are okay with that. If it is Obama administration on the shoulders who are working, then eventually most adjoining, yeah, yeah, attack away. of Putin. And when that didn’t seem to people are not going to work. What else is Putin supposed to think work out very well, it looked like the It is a good thing to have a safety net when President Bush reacts harshly next big step was to ingratiate this Na- for those who, through no fault of their when he attacks a neighboring coun- tion’s Presidency, administration to own, find themselves unemployed; but try, and the new President comes in the most evil leaders in the world, you can’t turn into a Socialist nation and says: We are fine with everything those who are leading Iran. where you reward people—provide the you are doing. We are nothing but They can be an evil empire all by safety net, sure—but you can’t provide smiles and plastic red buttons. We are themselves. They have wreaked so incentives to sit in the shade and not good. We don’t mind anything you have much havoc in the world. So many of work at all. Because eventually some done. We want to be your good friend. the Americans that died liberating day, your people will go hungry and If the message from that was not Iraq, lost their lives at the hands of your nation will fail as a nation-state, clear enough, before he was reelected IEDs or other weapons of war inflicted and it did. There were many factors in 2012, a microphone he didn’t realize on them by Iranians—are sent to Iraq that contributed, but the bottom line could pick him up, picked up our Presi- from Iran. is that type of system can never work dent telling the President of Russia: There is a big price to pay for mis- in this world, in this life. Basically tell Vladimir I will have a lot takes in judgment of Presidents. The Pilgrims tried it in that beau- more flexibility after the election. I believe Donald Trump will ulti- tiful Mayflower Compact where they Well, now that could only have one mately end up being one of the greatest were all going to work and bring into meaning, and that is, I got to look Presidents in foreign relations because the common storehouse and share. It tough and like I am standing up tough I think he is going to figure out, as was just a beautiful, lovely way to ap- to Putin right now before the 2012 elec- George W. Bush did, Putin is not some- proach things. tion, but make sure Putin knows that one you can trust. You need to under- I have loved looking, as I did last after the election I can give the farm a stand where he is coming from and night, at the painting there in the ro- whole lot easier. I can let him do a where he wants to go. And you can use tunda reflecting the Pilgrims’ famous whole lot more that he wants to do. We him when it is to our advantage prayer meeting there in Holland. It can be a lot more chummy once I get against a common enemy. But make no says ‘‘Speedwell’’ right under the plat- past my second and last election as mistake, he would glory in the fall of form where they were. They were on President. So you make sure Vlad the United States. the ship, the Speedwell, before they left knows—my bosom buddy over there, He is wrong about why the Soviet in two ships—the big Speedwell and the my best friend forever—I am going to Union fell. It fell because it was based small Mayflower—and went over to be able to work with him like he wants on communism, totalitarianism, and it England. me to once I get past the next election. was destined to fall. The Speedwell, the big ship that was So with those kind of messages, then, I could see that during the summer going to allow them to take so many as if it wasn’t enough, followed up by that I was there as an exchange stu- more to the new land, America, began

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.085 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1233 taking on water, for whatever reason. administration responded, came to confrontation, ever set a deadline: We There were different things said about their aid. And for those that say, gee, are going to win by this date or we are what may have been the cause. standing up to radical Islam will only coming out, whether we have won or But for whatever reason, they had to encourage more recruitment—my not. That message went out loud and do a bit like Gideon did. They had to word—how much worse can it get than clear to the Taliban that was growing winnow it down to the people that had it has gotten during the last 8 years? back that if we can just hang on for 18 the best chance of making it to Amer- There was no ISIS. President Obama months, we will own Afghanistan all ica so they could fit on that small took office, Afghanistan, they were over again. Mayflower. So they winnowed the group still fighting; but actually, the Taliban I understand that, apparently, Gen- down. They came over on the had been totally—any organized eral Harwood, that has apparently been Mayflower. Taliban had been destroyed by Feb- named by President Trump as the new It was a beautiful thing, loving, ruary of 2002, and we hadn’t lost a sin- National Security Adviser—and Mr. working hard as they did. But when gle American life. We had used—we had Speaker, I am sorry. I have got to say such a huge number of their settlers let the Northern Alliance, residents, this because of what Billy and Karen died during that first winter, basically, citizens in Afghanistan, we let them Vaughn have come to mean to me since the short version, they ultimately fight our enemy because, though they I met them some years back, after the tried something new resembling pri- were Muslim, most of them, they didn’t death of their SEAL Team 6 son, vate property: You take your property. want radical Islamists running Afghan- Aaron. Gosh, I have come to know—I You grow. You use it however you istan. never met him while he was alive, but want. And whatever you grow and A mistake was made after our friends I have come to know him and feel like produce, that is yours. in the Northern Alliance totally routed I knew him as a friend and as one of his It’s amazing that worked out so well. the Taliban. We sent in tens of thou- admirers, vicariously, through his par- Unlike the collective farms in the So- sands of American troops, and our ents, Billy and Karen. viet Union, there was incentive to friends, who loved us and heralded us When I heard the general’s name work hard, produce, and people thrived, for our liberation from the Taliban in come back up as one of those being did so well. That actually gave a lot of Afghanistan, began to look at us as oc- considered, I thought, oh, please, sure- incentive to others. Hey, this private cupiers. I have been to Afghanistan ly not, because Billy and Karen made property thing can work out well. enough. I have seen the way that rela- clear, you know, as family members Here, all these years later, we have tionship has gone, from us being the were finding out what happened there people wanting to go back to that way heroes that liberated their country in Afghanistan that took the most of life that has failed every time it has from these radical Islamists that were SEAL team lives we had ever had, they been tried. Even when the Apostle Paul a bane to the existence of just peace- went onto a Chinook that should not tried it, he ultimately had to throw up loving Muslims wanting to live and not have carried our SEAL team members. his hands and say: Okay. New rule. If be terrorized by radical Islamists, and They went onto this Chinook and, sup- you don’t work, you don’t eat. posedly, going on a mission, and yet Because the socialist way of doing somehow we ended up becoming bad because of the rules laid down by Presi- things in this world is not going to guys to so much of the country because dent Obama and his administration, work. of our massive presence. I am glad that my friends who were I do believe, Mr. Speaker, there is po- they had to make sure that the Af- so vocal about not wanting a strong re- tential with all of the chaos that is be- ghans knew exactly what was going to lationship with the current leader of ginning to raise its head again in Af- occur, where they were going, what Russia, I am glad they finally realized ghanistan. I heard a report this morn- they were going to do. Even knowing that after Vice Presi- what those of us on the Republican ing that Afghans had confided to a Re- dent Joe Biden’s gaffe, where he re- side—most of us—have been saying for publican here in town when he was leased classified information, that it a very long time. Yeah, we can work over there visiting that al-Qaida is was the SEALs who took out Osama with the Russians to defeat our com- even back in Afghanistan. So it is not bin Laden, it wasn’t supposed to come mon enemy, but you should never lose just the Taliban back stronger than out. It was another gaffe. But imme- sight of the fact Putin does not really ever; now al-Qaida is back in Afghani- diately, Bill and Karen said, after want us for friends. He wants to see stan. And what was the cost to America, to Biden outed the SEALs and it came out this country gone. He wants to see our our military over the last 8 years in al- it was SEAL Team 6, they got a call way of life fail. So just don’t lose sight lowing the Taliban to come back from Aaron saying: Hey, you need to of that. It is also interesting—we had amend- stronger than they were originally, to get off social media. The radical ments being proposed today with the al-Qaida, to come back in Afghanistan Islamists are going to be looking for same theme being repeated constantly stronger than they were originally? My us, for our family members. So this administration put big tar- about a Muslim ban, in essence, that personal opinion, I believe it was be- gets on SEAL Team 6 by disclosing we should not ever take religion into cause of President Obama’s rules of en- classified information that ultimately account when it comes to immigration. gagement. But we lost four times more led to their deaths, and it put targets That has no place. precious military lives in Afghanistan Yet, when our chairman, one of our during President Obama’s command on family members of SEAL Team 6. I other Members brought up the—I be- than were lost during just under 8 know they didn’t mean to do it. I know it wasn’t intentional. They just didn’t lieve it was RAU´ L LABRADOR—the Lau- years under Commander George W. tenberg amendment that so many of us Bush. realize how serious things were. I know they must not have realized, support, when you know a group of peo- How could we lose four times more or at least President Obama must not ple—such as the Jewish people in an- American military and suffer such a have realized, how serious it was when other part of the world—are being setback over the last 8 years, where we I watched the video of the gentleman killed and they are being persecuted, are back maybe a little worse off than that was called his body man, was with when we know that is taking place, it things were when we went in to Af- him through so many days, and he was is a good thing to consider who they ghanistan in October of 2001? Well, it answering questions at a university in are and that their religion is being per- has to do with the commitment. I California. It has been some years back secuted. heard former Vice President Cheney When there are Christians in another say that when President Obama an- that I watched. But he was asked, in ef- part of the world being persecuted be- nounced he is committed to Afghani- fect, what was it like being with Presi- yond what other religions are, it is a stan and he sent a surge into Afghani- dent Obama when he went into the good thing to try to help them. stan, he also announced, what seemed room where they were watching SEAL almost simultaneously, and we are Team 6 go after Osama bin Laden. He b 1900 going to be out in 18 months. basically said: Oh, we didn’t stay in When there were Muslims being per- As we know from history, nobody there long. The President looked in but secuted in Eastern Europe, the Clinton that ever won a war, a police action, a said, ‘‘I’m not watching this,’’ and they

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.087 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1234 CONGRESSIONAL RECORD — HOUSE February 15, 2017 went and played cards, several hands of hostages back. You don’t have to in- that had lost the greatest military cards, while the SEAL Team 6 was put- vade Iran and take out our administra- members that we could have lost at ting their lives on the line for their tion. See, we are your friend. We helped that point, their every life is just price- country. you out. less, invaluable. But there was so much So if that is your way of thinking, But after a few days, I am not sure money spent in training up these SEAL then it is understandable that you exactly what it was, but after a few teams. It is an investment. You need to wouldn’t appreciate the dangers in days, it was clear, I think, to the Ira- make sure they have the right equip- which you put SEAL Team 6 when you nian leaders that this President is not ment, that you don’t have Afghans out them as the people who went after going to do anything. He is just going pulled off that are the best fighting Osama bin Laden. But they knew, and to ask us to let their people go, and so members that Afghanistan has, and the chatter was clear, and it was loud. we don’t have to worry. They began to you put what they considered expend- They wanted to take casualties and get say ‘‘we have the hostages’’ because able Afghanistan soldiers on with our a price back with lives of SEAL Team they knew Carter wasn’t going to do elite SEAL Team Six, especially when 6 members. anything. you know there are targets on their The mission that they were on should I still believe, based on what I backs. have ended right then, when the Af- learned at Fort Benning, that if Presi- But when the families met General ghan commander came up. They knew dent Carter had allowed all the heli- Harward, they said they were just so where they were going. He comes up copters to go that I was told were crushed, they were so devastated, and and pulls off their elite soldiers, off the originally requested, then there would they found out that this AC–130 Chinook helicopter, and replaced them not have been one chopper—they had gunship, that there were opportunities with people whose names were not on to have six to be able to make it the to take out this patrol, this team, that the manifest. Well, under the rules, 500 miles into the staging area there in shot down the Chinook and our SEAL that should have ended the task, Iran. As has come out publicly, they all team members. And there were other should have ended the operation right knew, if we don’t get six choppers out precious American lives on that heli- there. They were told to go on, so they of the—eight was all the Carter admin- copter in addition to the SEAL Team went—I have seen the transcript of tes- istration would allow to go. They Six members, and they should not be timony, statements—by gunship, C–130 should have sent 12 because they ex- shorted in when we owe them and their gunship in the area. They had all kinds pected to have a 50 percent loss, tur- memories. of imaging. bine engines going across sand like But they asked if they had an oppor- And this isn’t classified because this that 500 miles. They knew they had to tunity to take these guys out. And the was on the DVD that was given to the have six or the mission was an auto- crew said they did. They had the ther- family members. They were later asked matic abort. mal imaging. They could see these if they would give it back. They didn’t As we know, when only five got there guys moving like military. They could realize quite how much information and it was clear there was not another see them moving up to the high point they had put. Yeah, they sure didn’t one coming, then it was aborted. As I and getting ready to fire. They asked because the family members, like the understand, the investigation indicated for permission to take them out, and Vaughns, watched it, read it, found out the helicopter pilot, as sand swirled they were denied permission to take what was on it. around his chopper, must have gotten them out. They watched them fire over We had a C–130 gunship, and I—my 4 vertigo and not relied on his instru- and over at the helicopters with the years on Active Duty in the Army, I ments. The helicopter tilted. The blade rocket-propelled grenades apparently was never in combat. I think we should went through the C–130, and everybody of some kind, and they missed with the have gone into combat in Iran when an on the chopper and the C–130 was first one. As I understand it, they were act of war occurred and our embassy killed. still not allowed to shoot them down, was attacked. But that was Com- b 1915 take out the Afghan rebels. They fired mander-in-Chief Carter’s call, and he again, and they fired again. And the But, once again, we were embar- second and third took out our precious decided not to send anybody. I think if rassed because we didn’t have a Com- American military members along he had responded within 48 hours and mander in Chief that was totally com- with those precious Afghan lives who said, ‘‘You either release our hostages, mitted to doing what it took to get our should never have been on that heli- or we are sending our United States hostages out. Again, I will always be- copter to begin with. military, and you better not hurt them lieve, if he had shown a backbone with- Then they watched them dismantle or there will be a powerful price paid in 48 hours of our embassy being at- their equipment and start to climb by you and your country,’’ I think they tacked and our hostages being taken, down. They asked permission to take would have released them. I think that there would be thousands of American them out, it is my understanding, and, is why, probably—I mean, I was watch- military lives still in being today. once again, they were told there may ing closely from Fort Benning. All of So having witnessed firsthand lessons be civilians in the area, so, no, do not us were watching the news. Were any of poor decisions by Commanders in fire; and they watched them fade back of us going to be sent? Chief, having seen the data, the statis- into the population of Afghanistan The Ayatollah had a spokesman. I tics of dead American military in Af- after killing so many of our SEAL have not seen anything about it since I ghanistan, four times more under Com- Team Six and others on the helicopter. watched back in those days, ‘79, but I mander Obama than under Commander They asked the general who is now recall him. It was very interesting. For Bush in approximately near the same apparently going to be our National a few days, he kept distinguishing that amount of time, we haven’t learned the Security Adviser: Why didn’t you take it was the students that attacked the lessons of the past very well. out these people, these Afghan radical U.S. Embassy. It was the students that I feel absolutely confident that the Islamists? Why didn’t you take them had the hostages. President is going to learn his lessons. out before they took out our military I said to some of my Army friends at He has made a couple of mistakes. And members, our SEAL Team Six? Why? Fort Benning: I think he is afraid certainly I agree, you can’t have a Na- His statement, from their memory, Carter’s going to send our military, tional Security Adviser that is not as related to me, was, in essence: Be- and he is using the students as a back completely honest with the Vice Presi- cause we were trying to win hearts and door for him. So if Carter shows a dent and the President; you just can’t. minds. backbone and says, ‘‘You either release You have to be able to totally trust Our National Security Adviser is our hostages or we are sending—you him. That has been a problem in our going to be more interested in—or at are going to feel the full vengeance of intelligence community. They were least he has in the past—apparently the United States military,’’ they had leaking and undermining President has been more interested in winning a back door. It gave the Ayatollah an Bush, and now it is happening again to hearts and minds of people that hate opportunity to save face by saying: President Trump. our guts than he is of protecting the You don’t have to do it. We have nego- So as I was talking about SEAL most precious assets the United States tiated with the students. Here are your Team Six, these devastated families of America has: American lives.

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.088 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1235 We haven’t won any hearts and remember those who died, we are deeply genocide. I have sent a Presidential delega- minds by allowing SEAL Team Six—so grateful to those who risked their lives to tion to join Polish President Komorowski, many of those members on that Chi- save the innocent. the Polish people, official delegations from nook—to be killed. We haven’t. That ‘‘In the name of the perished, I pledge to do scores of nations, and many survivors, at to- everything in my power throughout my day’s official commemoration in Poland. strategy didn’t work. Presidency, and my life, to ensure that the As a founding member of the International I am sorry. I want to be supportive. I forces of evil never again defeat the powers Holocaust Remembrance Alliance, the was excited President Trump won, but of good. Together, we will make love and tol- United States joins the Alliance’s thirty when I know how this man, who I un- erance prevalent throughout the world.’’ other member nations and partners in reit- derstand today has now been named to Ms. KAPTUR. Astoundingly, the erating its solemn responsibility to uphold be the new National Security Adviser, White House statement made no ref- the commitments of the 2000 Stockholm Dec- laration. We commemorate all of the victims was given the task of encouraging and erence to the 6 million Jews that per- being empathetic to the family mem- of the Holocaust, pledging never to forget, ished in the Holocaust. There was no and recalling the cautionary words of the au- bers who lost those precious American mention of anti-Semitism nor a ref- thor and survivor of Auschwitz Primo Levi, family members in that Chinook that erence to Israel, as has been customary ‘‘It happened, therefore it can happen should never have been shot down, it in prior statements issued by our past again.... It can happen anywhere.’’ Today should never have been allowed to take Presidents. we come together and commit, to the mil- off, and the best he could do is say: Mr. Speaker, I include in the RECORD lions of murdered souls and all survivors, Sorry, they had to die because we were a statement by President George Bush that it must never happen again. trying to win hearts and minds instead in 2008. Ms. KAPTUR. Mr. Speaker, let me be clear: between 1933 and 1945, 14 million of win the war. STATEMENT BY PRESIDENT GEORGE W. BUSH I hope that his mentality has ON THE INTERNATIONAL DAY OF COMMEMORA- unarmed men, women, and children changed. I hope he will not be willing TION IN MEMORY OF THE VICTIMS OF THE were murdered in Eastern Europe. to expend the best trained, the best and HOLOCAUST—JANUARY 27, 2008 These bloodlands were where most of brightest military members we have, On the third International Day of Com- Europe’s Jews lived and where Hitler’s as he tries to win hearts and minds in- memoration, we remember and mourn the and Stalin’s imperial plans overlapped. stead of trying to win a battle and win victims of the Holocaust. Of the 14 million human beings who the war; but I guess time will tell. I was deeply moved by my recent visit to were killed, at least 6 million were Mr. Speaker, I want to finish by sa- Yad Vashem, Israel’s Holocaust museum. Jewish souls. Their carnage was the luting all those brave Americans that Sixty-three years after the liberation of largest in human history. Auschwitz, we must continue to educate our- have defended freedom, that have selves about the lessons of the Holocaust and Thus, the brevity of the Trump ad- fought for America, and who have re- honor those whose lives were taken as a re- ministration’s statement was surpris- sponded in a voluntary military since sult of a totalitarian ideology that embraced ingly and unusually short and gen- 1979 and given their lives at the hands a national policy of violent hatred, bigotry, eral—only about 100 words. When the of radical Islamists. I hope and pray and extermination. It is also our responsi- White House was asked about these this President will pick people from bility to honor the survivors and those cou- glaring omissions, multiple officials in here who will have the same feelings rageous souls who refused to be bystanders the new administration at the White about precious American lives. and instead risked their own lives to try to House merely confirmed ‘‘the state- I know Donald Trump does, and I save the Nazis’ intended victims. Remembering the victims, heroes, and les- ment was no mistake.’’ think he will be a good President. I sons of the Holocaust remains important The Trump White House statement think he blew it on this call, but time today. We must continue to condemn the re- chose not to explicitly acknowledge will tell. surgence of anti-Semitism, that same viru- the deaths of 6 million Jews during the Mr. Speaker, I yield back the balance lent intolerance that led to the Holocaust, Holocaust. This is atypical of any of my time. and we must combat bigotry and hatred in former President of our country. More- f all forms in America and abroad. Today pro- over, the Trump statement implies vides a sobering reminder that evil exists that the recognition of the death of INTERNATIONAL HOLOCAUST and a call that when we find evil, we must Jews during the Holocaust would come REMEMBRANCE DAY resist it. May God bless the memory of the victims at the exclusion of other groups. The The SPEAKER pro tempore (Mr. HIG- of the Holocaust, and may we never forget. tone of those remarks takes the reader GINS of Louisiana). Under the Speaker’s Ms. KAPTUR. Mr. Speaker, I will in the direction of denying the suf- announced policy of January 3, 2017, fering of the Jewish people. also include in the RECORD a statement the Chair recognizes the gentlewoman For the President not to mention from Ohio (Ms. KAPTUR) for 30 minutes. by President Barack Obama from 2015 showing what the White House said Jews is a terrible omen. Ms. KAPTUR. Mr. Speaker, I want to So let us go through some history. about Holocaust Remembrance Day. welcome my colleague, Congressman The term ‘‘holocaust,’’ arising from JOE CROWLEY, the chair of the Demo- STATEMENT BY PRESIDENT OBAMA ON INTER- World War II, has come to mean anni- NATIONAL HOLOCAUST REMEMBRANCE DAY cratic Caucus who is joining us this hilation of Jewish persons. From 1933 AND THE 70TH ANNIVERSARY OF THE LIBERA- evening as well. I know how very busy to 1945, those Jewish souls who per- he is, and I appreciate it. TION OF AUSCHWITZ-BIRKENAU—2015 On the tenth International Holocaust Re- ished in Europe totaled at least 6 mil- As author of the legislation that cre- lion human beings. Between 2.7 million ated our Nation’s World War II Memo- membrance Day and the 70th anniversary of the liberation of Auschwitz-Birkenau, the and 3 million Jews were murdered in rial here in Washington, I felt obli- American people pay tribute to the six mil- Nazi-run death camps. In the USSR, gated and actually compelled to come lion Jews and millions of others murdered by 1,340,000 Jewish deaths were ordered by to this well tonight. the Nazi regime. We also honor those who Joseph Stalin. At least 1.5 million of Mr. Speaker, I include in the RECORD survived the Shoah, while recognizing the the victims forcibly killed by Hitler the Trump administration’s hollow scars and burdens that many have carried and Stalin were children. January 27 statement commemorating ever since. Honoring the victims and survivors begins Cumulatively, this carnage rep- International Holocaust Remembrance resented about two-thirds of the 9 mil- Day. with our renewed recognition of the value and dignity of each person. It demands from lion Jews who had resided in Central STATEMENT BY PRESIDENT TRUMP ON INTER- us the courage to protect the persecuted and Europe. By way of explanation, for the NATIONAL HOLOCAUST REMEMBRANCE DAY— speak out against bigotry and hatred. The 8 million Christians and others who JANUARY 27, 2017 recent terrorist attacks in Paris serve as a were also murdered, the term generally ‘‘It is with a heavy heart and somber mind painful reminder of our obligation to con- used to describe their carnage is mar- that we remember and honor the victims, demn and combat rising anti-Semitism in all tyrdom. As an example, in Poland, 3 its forms, including the denial or survivors, heroes of the Holocaust. It is im- million Catholic Christian Poles were possible to fully fathom the depravity and trivialization of the Holocaust. horror inflicted on innocent people by Nazi This anniversary is an opportunity to re- martyred by Nazi and Soviet killing terror. flect on the progress we have made con- machines. ‘‘Yet, we know that in the darkest hours of fronting this terrible chapter in human his- The Holocaust also included Stalin’s humanity, light shines the brightest. As we tory and on our continuing efforts to end mass executions and forced starvation

VerDate Sep 11 2014 03:47 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.090 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1236 CONGRESSIONAL RECORD — HOUSE February 15, 2017 and relocation of Soviet prisoners of Ms. KAPTUR. Mr. Speaker, Julius present-day Ukraine and its eastern war to fight in horrendous places like Evola has been described as one of the flank. The heaviest losses were in the Battle of Monte Cassino after being most influential Fascist racists in Ukraine—which is struggling for its marched through the Middle East. Italian history, admired by the Nazi freedom today—which had been the Many of them were buried in Tehran. SS, its commander, Heinrich Himmler, most productive agricultural area of Stalin also perpetrated a massive and Benito Mussolini. Nazi SS the Soviet Union. Stalin was deter- post-war ethnic and religious cleansing Reichsfuhrer Heinrich Himmler was mined to crush all evidence of Ukrain- of Jews and non-Jews. As Hitler and most certainly responsible for the Hol- ian pride. As with Poland’s leadership, Stalin fought for control of the Euro- ocaust. the famine was accompanied by a dev- pean continent, over 14 million inno- Hitler’s madness obsessed over cre- astating purge of all of Ukraine’s intel- cent people—these aren’t soldiers I am ating an Aryan nation. Joseph Stalin’s ligentsia. talking about. This was in addition to depraved dream of conquest knew no Millions of peasants were condemned the 14 million—women, children, and bounds. Stalin even conscripted Jews to death by starvation. Troops and se- men who were civilians died in their to lead hunts to exterminate other eth- cret police units waged a merciless war vastly evil plunder. Millions of Eastern nic groups, and then killed the Jews against peasants who refused to give up Europeans were trapped between the when the mission was completed. The their grain. Any man, woman, or child two most murderous regimes in not level of Stalin’s depravity is difficult caught taking even a handful of grain only European history, but human his- for sane people to understand. from a collective farm could be, and tory: Nazi Germany and Communist Violent anti-Semitism and hatred did often were, executed or deported to Soviet Union. not end with the defeat of Nazi Ger- work camps. Stalin’s system of inter- As an aside, I found it chilling that many and the ultimate collapse of the nal passports and brutal secret police President Trump’s top adviser, Steve Communist Soviet Union. We can ob- forced collectivization of the land to Bannon, in an address to the Vatican in serve a resurgence in certain places in Communist-run production. 2014, referenced in a most troubling Europe and, sadly, even in isolated in- After a long search through history line of thought the name of Julius cidents here in the United States. and recordkeeping, I can personally Evola and his murderous movement. b 1930 give testimony and even learned that Mr. Speaker, I include in the RECORD History tells us that the rising anti- the Catholic Church located in today’s excerpts of an article entitled ‘‘This is Semitic violence is not just a threat to Ukraine, in which our maternal grand- How Steve Bannon Sees the Entire civil society today, but the future of parents were married, held a dark se- World,’’ which is also available at free people everywhere. The recent cret. Joseph Stalin’s secret police, the www.buzzfeed.com. anti-Semitic terrorist incidents in People’s Commissariat for Internal Af- [From BuzzFeed News Reporter] Paris at the Bataclan, Jewish-owned fairs, the NKVD, killed 168 people in its THIS IS HOW STEVE BANNON SEES THE ENTIRE enterprises, or Nazi symbols appearing basement as Stalin’s Black Raven WORLD in hateful situations here in our own trucks drove the innocents to their (By J. Lester Feder) beloved country demand that decent death. Donald Trump’s newly named chief strate- people find peaceful means to stare Historians continue to seek truth gist and senior counselor Steve Bannon laid down hate. even until today about what happened. out his globalist nationalist vision in unusu- Timothy Snyder’s masterful book Their painstaking research includes in- ally in-depth remarks delivered by Skype to ‘‘Bloodlands’’ documents the 6 million formation from the Soviet archives. a conference held inside the Vatican in the souls of the Holocaust and 8 million Though some people try to erase his- summer of 2014. Bannon: I think it’s a little bit more com- souls of martyrdom and murder. The tory or ignore it, others work dili- plicated. When Vladimir Putin, when you Nazis established killing centers for ef- gently to record it and learn from it. really look at some of the underpinnings of ficient mass execution. These killing I recall how fondly our grandmother some of his beliefs today, a lot of those come centers, also referred to as ‘‘extermi- spoke of Jewish storekeepers in the re- from what I call Eurasianism; he’s got an ad- nation camps’’ or ‘‘death camps,’’ were gion from which she emigrated, wel- visor who harkens back to Julius Evola and almost exclusively ‘‘death factories.’’ coming her before and after church on different writers of the early 20th century German Schutzstaffel and police mur- Sunday and telling her to change into who are really the supporters of what’s dered nearly 2.7 million Jews in these her church shoes there before attend- called the traditionalist movement, which ing mass and after her 5-mile hike from really eventually metastazied into Italian killing centers either by asphyxiation fascism. A lot of people that are traditional- with poison gas or by shooting. her village and the 5-mile hike back. ists are attracted to that. For the non-Jewish populations of The Jewish storekeeper would always One of the reasons is that they believe that Europe, the 8 million non-Jewish vic- give her a piece of candy. at least Putin is standing up for traditional tims of Nazi and communist campaigns There are other Members here to- institutions, and he’s trying to do it in a of mass murder include Romas, Soviet night that wish to speak. I am so form of nationalism—and I think that peo- prisoners of war, Aktion T4 patients, grateful for their presence here tonight ple, particularly in certain countries, want Ukrainian Holodomor famine victims, because we are the bearers of liberty’s to see the sovereignty for their country, torch. they want to see nationalism for their coun- Serbs, the disabled, the LGBTQ com- try. They don’t believe in this kind of pan- munities, and others known only to Mr. Speaker, I yield to the gentleman European Union or they don’t believe in the God. from New York, (Mr. CROWLEY), the centralized government in the United States. There were also unfathomable crimes great leader of the Democratic Caucus, They’d rather see more of a states-based en- against entire nations, as Poland and and I thank him for taking time from tity that the founders originally set up Belarus were both slated for complete his busy schedule to be here with us. where freedoms were controlled at the local extinction. Poland lost an astounding Mr. CROWLEY. I thank my friend, level. 20 percent of its entire population, with the gentlewoman from Ohio, for being I’m not justifying Vladimir Putin and the here this evening to have this Special kleptocracy that he represents, because he 6 million killed in the war, and eventually is the state capitalist of Belarus, though smaller in population, Order to speak on an issue of such mag- kleptocracy. However, we the Judeo-Chris- lost 25 percent of its population. nitude, of importance to we the people tian West really have to look at what he’s In Poland, leaders were annihilated. of the United States, important to the talking about as far as traditionalism goes— Many members of the Catholic clergy world, that we never forget what took particularly the sense of where it supports were either threatened with deporta- place: the horror, the utter destruction the underpinnings of nationalism—and I hap- tion, kept in custody, or sent to camps. of humankind during the Holocaust, pen to think that the individual sovereignty The Catholic Church was particularly but, in particular, the focus of that de- of a country is a good thing and a strong suppressed, for nearly a fifth of all struction upon the Jewish race. thing. I think strong countries and strong It is important because we are seeing nationalist movements in countries make priests—over 3,000—were killed be- strong neighbors, and that is really the tween 1939 and 1945, most in concentra- a rise, quite frankly, of anti-Semitism building block that built Western Europe tion camps. not only around the world, but right and the United States, and I think it’s what From 1932 to 1933, Joseph Stalin’s here in the United States. It takes dif- can see us forward. forced famine engulfed much of ferent forms in different places, but, in

VerDate Sep 11 2014 05:27 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.093 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1237 the end, has the same result of tar- United States and throughout the The gentlewoman from Ohio knows geting and hurting one of the histori- world. that I have offered a resolution. We cally most vulnerable groups in our The actions behind the statement will continue to ask our Republican world: the Jewish people. were just downright cruel and inhu- colleagues to join us on that resolution One of the things that has been the mane to them, not just theoretically, asking the White House to set the most concerning to me is the mini- but literally cruel and inhumane. record straight and to include the men- mizing of the suffering of the Jewish Literally, groups that are dedicated tioning of the Final Solution and the people during the Holocaust. Frankly, to this issue are deeply, deeply dis- attempt by the Nazi regime to elimi- it is really outright disturbing—I don’t turbed. The Anne Frank Center and nate the Jewish people from the face of know if that does it justice—that the others have raised their voices. the Earth. White House of the United States of This is not just coming from Demo- b 1945 America, the home of our President, crats. I don’t want to mislead here at our present administration, rep- all. There are a range of Republican We will use every legislative mecha- resenting the same country that de- leaders—and there are four of them— nism possible to do that, whether it is feated Nazi Germany, the same coun- and Republican groups that have ex- a motion to discharge, whatever that try that bore the Greatest Generation, pressed their anger at the White House will be. I am putting my Republican the same country that led the fight position on the Holocaust, but one en- colleagues on notice, because they against anti-Semitism worldwide, tity. We will come back to this House must raise their voices. They must while recognizing from time to time it in a moment. raise their voices to what has taken had to douse it here in the United The White House hasn’t seemed to place in this White House. Whether it States, our country, this same White have heard their outcry, but the gen- is Steve Bannon and those who work House that I referred to deliberately tlewoman from Ohio and I, the Demo- within the cellar, the deep cellar of the refused to mention that the Holocaust cratic Caucus, we have heard. White House who came up with this was designed to eliminate the Jewish What has taken place is wrong; sim- resolution to purposely omit the men- people from the face of the Earth. Not ply wrong. You would think that the tioning of the Jewish people, our Re- a single mention of the Final Solution. President would correct the situation. publican colleagues will either have to The Final Solution was to obliterate, In fact, today, he had the opportunity answer for the White House and defend eliminate the Jewish people off the to condemn anti-Semitism at his press it or condemn it. You can’t have it face of the Earth. conference with Prime Minister both ways. Yes, many people died in the Holo- Netanyahu, and he didn’t do it. In fact, I want to thank the gentlewoman caust, as the gentlewoman made ref- when he was asked on this very subject from Ohio once again for bringing us erence to so eloquently—disturbingly, of the failure to mention the Jewish together. It needed to be done. We will but eloquently. Of the tens of millions people of the Holocaust, he used the op- continue to raise this question until of people who died, we know of them portunity not to clarify his position, the White House comes to its senses historically, but no race or religion but to make reference to how great his and sets the record straight and does was designated for elimination like the election victory was. no longer continue to enable Holocaust Jewish people were. The Final Solution In watching that press conference, as deniers. I thank the gentlewoman from was about ridding the Jewish people disturbed as I was about the answer Ohio for holding this Special Order this from the face of the Earth. It is that from our President, I was more than a evening. simple. It is imperative that this mo- bit disappointed, quite frankly, by Ms. KAPTUR. Mr. Speaker, I am so ment does not pass without some clar- Prime Minister Netanyahu’s failure to grateful for Mr. CROWLEY’s presence ity. challenge the President on that. I wish and his eloquent remarks this evening, What is clear is that the White House Prime Minister Netanyahu would have representing one of the major cities in purposely removed the reference. They asked President Trump to change his our country where Jewish leaders from are proud of it. They doubled down. statement; not to whitewash what was all walks of life have helped elevate They tripled down. They removed the done, but to change his statement on America. I know how proud they are of reference to the Jewish people in its the Holocaust. I still hope that the him and what he is attempting to do. I statement on International Holocaust Prime Minister does that in the time hope every one of our colleagues, all Remembrance Day. that he is here. 435, sign on to his resolution. It is most Why does this matter, you may ask? So this Special Order tonight will worthy. I thank him so very, very Well, first and foremost, it feeds the help us set the record straight, not just much for joining us this evening. extremists. We know they exist. Let’s on behalf of the millions of Jewish I want to tell a story in the region face it, extremists have welcomed this Americans across this country, but to that I represent, though this particular White House statement. They love it, send a clear message to all those who neighborhood was cut out of my dis- they glorify it, not just theoretically, engage in this type of behavior. trict. A Nazi swastika was painted on a but literally. Literally, White su- I ask this question: Where are our garage door recently of the home of a premacists have welcomed the White Republican colleagues on this issue? Muslim family. It was really repugnant House decision to leave any mention of Do you hear that? Silence. and very cruel, but what happened in the Jewish people out of the Holocaust We have given them opportunity our community? What did the Amer- remembrance. after opportunity to speak out against ican people do? One neighbor came Secondly, it matters because a lot of what the White House has done, but over with a bottle of red paint and she people in the world today either don’t our Republican colleagues refuse to made a big heart over the swastika. know that the Holocaust happened or criticize the White House for the omis- Then the conductor of the symphony don’t believe that the Holocaust hap- sion of the Jewish people in the Holo- came and musicians came, and they pened—not just theoretically, but lit- caust resolution. played ‘‘Ode to Joy’’ to the family, and erally don’t believe that the Holocaust Could you imagine for a moment other friends came and the American took place. what the outcry would have been had people. Literally, a 2014 global survey of President Obama accidentally omitted I love the American people because anti-Semitic attitudes found that 35 this, putting aside purposely omitting deep in their hearts they live the val- percent of people around the world it, but the outcry if he had acciden- ues of liberty and justice for all. The have never heard about the Holocaust. tally omitted the mentioning of the garage door itself was replaced by the Maybe you can understand that. But an Jewish people in his annual statement? Toledo Overhead Door Company. They additional 32 percent, more impor- He never did that, though, nor did gave the family a new door for free. I tantly, believe it is a myth or greatly President Bush, as the gentlewoman am just so proud of them. I am just so exaggerated. from Ohio (Ms. KAPTUR) has pointed proud of them. Thirdly, it matters because there are out. This was no mistake. It was a will- Our communities don’t have to bear many Holocaust survivors—I know ful omission. Yet still, nothing from this sadness of anti-Semitism and of them and their descendents—in the our Republican colleagues. degradation by those who really don’t

VerDate Sep 11 2014 04:23 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.095 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1238 CONGRESSIONAL RECORD — HOUSE February 15, 2017 get what this country is made of. I curred, it was not just about the Jews uary 3, 2017, the Chair recognizes the know the Trump White House state- per se.’’ gentleman from Ohio (Mr. RYAN) for 30 ment on the Holocaust falls far short of I appreciate those listening this minutes. the administration’s ability to prop- evening and am very grateful to have Mr. RYAN of Ohio. Mr. Speaker, I ap- erly recognize and record history accu- this privilege of entering into the preciate the opportunity. I just want to rately. RECORD materials we believe important say thank you to the gentlewoman The Trump White House has the not only to our Republic, but to free from Ohio (Ms. KAPTUR) for her great means to hire appropriate staff to pre- people everywhere. words and Congressman CROWLEY, who pare thoughtful, carefully researched Mr. Speaker, I yield back the balance was here a little bit earlier, for his statements, and their 2017 statement is of my time. good words as well. out of touch with history. History Mr. BRENDAN F. BOYLE of Pennsylvania. I am starting tonight a segment that teaches us that wherever anti-Semi- Mr. Speaker, recently, Deborah Lipstadt, I am calling America 2.0. I think we are tism has gone unchecked, the persecu- American historian and author of influential in the midst of, obviously, some chaos tion of others has been present or not books such as Denying the Holocaust, wrote in the United States, in Washington, far behind. Presenting historical truth an important article in The Atlantic. In this arti- D.C., and in so many communities and defeating anti-Semitism must be a cle, entitled ‘‘The Trump Administration’s Flir- across the country that feel we are dis- cause of great importance not only for tation with Holocaust Denial,’’ Lipstadt speci- oriented with our politics, discon- Jews but also for us, for people who fies an important distinction in types of Holo- nected from our politics, and we are value liberty, truth, free expression of caust denial. disoriented around the idea of what is religion, justice for all. I know that is Most people are familiar with what Lipstadt happening in our economy. the vast majority of the American peo- identifies as ‘‘hardcore Holocaust denial.’’ In Globalization, automation, all of these ple. this type of rhetoric, anti-Semites argue that things have dramatically affected the the Holocaust simply did not occur; that there GENERAL LEAVE American economy and American Ms. KAPTUR. Mr. Speaker, I ask was no systematic plan to destroy the Jewish wages and standard of living. unanimous consent that all Members people based solely on their religion. We have actually seen, Mr. Speaker, This type of hate speech has unfortunately have 5 legislative days in which to re- over the course of the last 20 years, a been espoused by those who seek to vise and extend their remarks and in- huge decline, a sucking out of middle delegitimize the suffering of the Jewish people clude extraneous material on the sub- class wages that have gone primarily since the Holocaust began. It is not accept- ject of our Special Order this evening. to the top 1 percent. Now, I am not The SPEAKER pro tempore. Is there able and we must do all we can to teach our here to bash rich people. I am not here objection to the request of the gentle- children the tragic events of the Holocaust and to make any enemies, but I think it is woman from Ohio? how to counter such hateful rhetoric. important and instructive for us to There was no objection. Yet, perhaps a more insidious form of denial look at where we were and where we Ms. KAPTUR. I want to thank Mr. rhetoric has begun to creep into our national are now. discussion. BRENDAN F. BOYLE of Pennsylvania If you look at where we were in 1980, This is what Lipstadt terms ‘‘softcore Holo- also for coming to the floor this of all the income growth in the Nation caust denial.’’ This form of denial, argues evening. If there is any remaining in 1980, 70 percent of all income growth Lipstadt, ‘‘uses different tactics but has the time, I would just like to read a couple went to the bottom 90 percent of Amer- same end-goal . . . It does not deny the facts, of the sentences of Congressman icans. So we had some significant in- but it minimizes them, arguing that Jews use BOYLE’s remarks because they are so come growth, and 70 percent of it went the Holocaust to draw attention away from crit- incredible. to the bottom 90 percent, 30 percent He talks about Deborah Lipstadt, an icism of Israel .... went to the top 10 percent. The wealthy ‘‘Softcore denial also includes Holocaust American historian and author of in- were getting more, but the middle minimization, as when someone suggests it fluential books such as ‘‘Denying the class, the upper middle class and the was not so bad.’’ Softcore denial, then, is po- Holocaust,’’ who wrote an important lower middle class, the bottom 90 per- tentially more insidious than our traditional article in The Atlantic, entitled, ‘‘The cent saw 70 percent of the gains. form of denial, by minimizing the suffering of Trump Administration’s Flirtation Fast forward from the early 1990s the Jewish people and suggesting that while With Holocaust Denial.’’ until just recently just a few years the Holocaust may have occurred, it was not He talks about ‘‘’hardcore Holocaust back, the bottom 90 percent, Mr. about the Jews per se. denial.’ In this type of rhetoric, anti- Speaker, got zero percent of the in- By minimizing the suffering of the target of Semites argue that the Holocaust sim- come growth that happened in the the Holocaust and the six million Jews who ply did not occur; that there was no United States—zero. So the economy in perished at the hands of the Nazis, we are de- systematic plan to destroy the Jewish 1980, for average families in Youngs- nying the truth and setting ourselves up to for- people based solely on their religion. town, Ohio, or Struthers, Ohio, or get the worst genocidal massacre in human ‘‘This type of hate speech has unfor- Akron, Ohio, saw that hard work paid history. tunately been espoused by those who What is more disgusting and unacceptable, off; that if you worked hard, you seek to delegitimize the suffering of though, is that the President of the United played by the rules, you did what you the Jewish people since the Holocaust States is now espousing these dangerous and were supposed to do, and if you were in began.’’ hateful ideas. the bottom 90 percent, you saw some But he talks about a more insidious By refusing time and again to acknowledge income gains. Fair enough. form of denial in rhetoric that has that Jews were the targets and victims of the Where the anxiety has come in now is begun to creep into our national dis- Holocaust, our President is denying the truth that people are working harder, they cussion. Lipstadt terms this ‘‘’softcore of the Holocaust and is aiding and abetting the are working longer hours, and they are Holocaust denial.’ This form of denial, Holocaust deniers and White Nationalists in not seeing any growth in their in- argues Lipstadt, uses different tactics their goals of once again persecuting individ- comes. We have teachers, for example, but has the same end-goal. . . . It does uals based on their ethnicity, religion, race, in the Youngstown City Schools who not deny the facts, but it minimizes etc. have not seen a cost-of-living raise in 9 them, arguing that Jews use the Holo- We must do better. I call on the President years—9 years. Police and fire, people caust to draw attention away from to recall his statement and make clear that the who cut hair, people who are wait- criticism of Israel. . . . Holocaust was a systematic persecution of the resses, people who take showers after ‘‘Softcore denial also includes Holo- Jewish people. work instead of before work, those peo- caust minimization, as when someone Anything less than this outright admission is ple aren’t getting ahead, and the cost suggests it was not so bad. Softcore de- Holocaust denial. of everything is going up. So that is nial, then, is potentially more insid- f where we are, erosion of our manufac- ious than our traditional form of de- turing base and globalization and auto- nial, by minimizing the suffering of the AMERICA 2.0 mation. Jewish people and suggesting that The SPEAKER pro tempore. Under I was just looking at an article ear- while the Holocaust may have oc- the Speaker’s announced policy of Jan- lier about a new Amazon project—I

VerDate Sep 11 2014 04:23 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.097 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1239 think it is called Amazon Go—where economy that is going 150 miles an So what are we going to do? I know you can actually go into a grocery hour down the highway, which means we have talked a lot about we are store—how cool is this? You can actu- the legislators and the President and going to retrain. It is going to be great. ally go into a grocery store and shop the Governors and the people elected to We are going to get you this job, and and pick out whatever it is that you office, we better get our act together. you are going to be trained up and want at the grocery store and walk We better figure out how to make ready to take it. out. Everything gets rung up, scans things work because that is what we What job? and all the rest, and you get billed, and owe our constituents. That is what we We need to create jobs. And it just so you pay your bill. owe that family who, for 30 years, happens we need to rebuild the coun- Now, here we are in 2017, that is pret- hasn’t seen a raise. You know what? try. So let’s make the investment to ty cool stuff. The downside of that is, They want to send their kid to college. put people back to work by rebuilding there are 2.7 million workers who work the country. We need waterlines. We b 2000 at grocery stores. Where I come from, need new sewer lines. We have lead in some of those grocery stores are actu- Do you know what? They want to our pipes that people are drinking. We ally unionized where the person at the have a job, they want to have a pen- have old dilapidated homes all over counter actually makes a pretty good sion, they want to have a secure retire- older communities that need to be wage and has a pension and has a de- ment, and they want their kid to have taken down. Even if we are going to cent healthcare plan, standing on their more opportunity than they had. They put up just parks and green space, take feet all day long, probably not the easi- are not going to complain, they are not those down. Those are all jobs that est line of work to be in, but people go going to moan, they are going to put could be created. We need roads and there and they work hard. Those jobs their boots on, and they are going to go new bridges. Most bridges are deficient are going to be gone. to work. It is our job to help create an in the United States. A good many of We hear all this technology about environment where they can go and them need to be rebuilt. We need steel driverless cars and driverless trucks. take advantage of those opportunities. in those bridges, and we need concrete. Youngstown is not too far from Pitts- God helps those that help them- So let’s do a big jobs bill where we re- burgh, and Ford just committed a bil- selves. You have got to go to work and build the country. I am not making lion dollars to Pittsburgh to advance you have got to put the time in. It is stuff up. We have got to do this. Let’s driverless vehicles. Uber is in Pitts- not going to be easy, especially in this put Buy American provisions in there burgh talking about investing in the economy. It is going to be tough. It so we put the American steelworker research and development for driver- seems like it is going to get harder. back to work, and the people that work less vehicles. It is going to be great. But with all of this automation com- at the concrete plants in America get The downside is, in about 25, 26, 27 ing down the pike, what are we going the money, get the contract. States, the number one job is driving a to do as a country with all of these Those private businesses that do the truck. It is driving a truck. Pretty cool people in my district that are 50-year- roads and bridges and all of the rest, that my son, who is going to be 3 in old men who used to work in a steel let’s make sure it is Davis-Bacon, it is June, may never have to drive a car. As mill, now it is closed, or used to work a prevailing wage, so that our friends a parent who also has a 13- and 14-year- in an auto plant that used to have who work so hard and are so skilled in old at home and talking about when 16,000 people working there and now it the unions are able to get that work they are going to get the keys to the is down to 3,000, or the supplier to that because they have a good pension, a car, I kind of like the idea of a driver- auto plant that used to have 13,000 peo- less car. I kind of like that. At that good wage, a good retirement plan, ple and now it is 1? good healthcare benefits, and they are point, it would be pretty safe. So we can say, yeah, pull yourself up But we have the downside to that, the most skilled workers in the coun- by your boot straps and work hard. The which is the loss of all of these jobs. So try. Let’s make sure they get the work jobs aren’t there. They are not there what we need to do as a country, as a so we are actually lifting people up; anymore. dynamic country, as a wealthy coun- and get people in these unions so that So what are we going to do here in try, as a creative country is we need to more people can earn a good wage, 2017? How are we going to get our figure out what is America 2.0 because have a secure retirement and a little this isn’t your dad’s or your grand- President with his good brain that he bit less anxiety. father’s America. This isn’t going to be has to sit down with us and figure out So roads, bridges, pipes, airports, your grandmother’s America or even what we are going to do? So America ports on the ocean, rebuild them. This your mother’s America. 2.0 is: What is the next version of this is nobody’s fault. The country is get- Things are accelerating so quickly great country, what is the next ting older. A lot of this stuff was done that as a legislative body that was de- version, to where my grandfather could 50, 60, 70 years ago. It is time to rein- signed to be slow, and those of us oper- be a steelworker and a couple of gen- vest. It is time to put a new roof on the ating in a political system that was de- erations later his grandkids are doc- house. We will put people back to signed to slow things down, we didn’t tors, lawyers, and Congressmen? work. want a concentration of power where a That is what is important about For every $1 billion we spend on in- king ruled. We took that, and we di- these jobs we have. That is why they frastructure, we put about 27,000 people vided the power up into a legislative shouldn’t be taken lightly. That is why to work. So if we have a $1 trillion in- branch, and then divided that up be- instead of tweeting about some show or frastructure plan and we ask the tween the House and the Senate and some family business, you should be fo- wealthiest people in the country— the executive branch. The executive cused like a laser beam on how we fix maybe people in the capital markets branch has some powers, and they have these problems. If you are not, you are who have seen a significant amount of got to figure out how to work with not doing what you said you were going wage growth, we ask them to help us each other. If they have got a problem, to do. pay for it so we don’t have to borrow we have got a judicial branch that is America 2.0 is a series of ideas. I will the money and put it on the backs of going to reference the Constitution of share a few tonight and a few over time our kids. the country to make sure that every- on what I think we need to do. We have So we are putting people back to thing that is going on is abiding by the a near-term problem, mid-term, and work, we are doing what needs to be basic values on which we started the long-term, some of what I mentioned. done, we are using American steel and country. Pretty cool system, elections The near-term problem is wages, American concrete and American every 2 years, replenish the ideas in the jobs, and workforce participation. union workers and having more people legislative branch, and every 4 years in Workforce participation rates are at 63 join the union so more people can have the executive branch, so we can try to percent. They are still too low. People a secure living, and we are creating get some new ideas. But the system aren’t just employed, they are under- jobs. That is step one. was designed to be slow. employed. They are making less today What also needs to be included in So here we are, working within a sys- than they were before the great crash this is: How are we setting ourselves up tem that is designed to be slow with an in 2008, 2009, and 2010. for success in the next 10, 20, or 30

VerDate Sep 11 2014 04:23 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.098 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1240 CONGRESSIONAL RECORD — HOUSE February 15, 2017 years? How are our kids going to be So these workers that we are hiring northeast Ohio. Talk to Timken; talk able to operate in this bridge we are that may be 50 or 55 years old, they to Parker Hannifin; talk to some of creating to this new economy? don’t know how they are going to get these energy companies that make One of the things we need to do is we to retirement, they are hired. They are solar panels. That stuff needs manufac- need to wire the country. We need to hired. And this is no make-work job be- turing. And we can do it here in the have the most sophisticated, broadband cause we feel bad for you. This is a job United States with the smart energy capabilities in every corner of the we need you to have in order for you to grid, and broadband, and use renewable country so that every community can change the trajectory of our country energy to increase our manufacturing participate in the new economy that is for your kids and for your grandkids. If base, reduce our carbon footprint in driven by a digital world. we don’t make these investments, if we our country and around the world, ex- We have companies, for example, in don’t make this happen, America is port the technologies and the stuff that Youngstown, where we don’t have a going to be bringing up the rear. we make, and put people back to work. whole lot of broadband in Youngstown. We have got a great dynamic econ- What is the matter with this? What We don’t have a whole lot of penetra- omy still, even with the stagnation is wrong with this picture? tion for broadband in Youngstown. We that we have. We have just got to make We have a country now that is more have companies that are very sophisti- a few key investments and not get reliable on renewable energy, that is cated that try to get defense work or caught up in this polarized political increasing our manufacturing base, work with defense contractors that ac- discussion that is getting us nowhere. that is putting people back to work. tually are put at a disadvantage be- Nobody in this Chamber suffers. Every- To me, that makes a lot of sense. So cause they don’t, and we don’t, have body in this Chamber draws a pay- these families that are struggling—be- the broadband capability for them to check. They have got a job. cause we will be making a heck of a lot be able to download the kind of files It is the family in Youngstown, it is more solar panels than we are now—we they need to be able to download in the family in Gary, Indiana, it is the can start getting these solar panels up on people’s homes and reducing their order to get the contracts they need to family in Milwaukee that suffers be- energy cost. So if we do the smart grids do the advanced manufacturing work. cause we have failed to make the basic and we do the solar panels, and we So not having broadband in your com- investments that this country has al- start reducing people’s energy costs in munity would be like not having a road ways made—always: the interstate their homes, you are putting money in going in and out of your community, or highway, the intercontinental railroad, their pocket, you are starting to close waterlines going in and out of your land grant colleges, NASA, the space that gap a little bit, you are starting community 50, 60, 70 years ago. program. Look at all of the tech- to reduce that anxiety a little bit, and Do you want to start a factory and nologies that spun out of NASA—in you are starting to get us into new create jobs? How are you going to get health, telecommunications, energy— technologies and new ideas that are the raw materials in and the product because we said, ‘‘We are going to the out if you don’t have a road? The same going to lead to growth. Moon’’; and it was as much about going So let’s build out the country. Let’s concept with broadband in a 2017, 2027, to the Moon and about spinning off new build out our roads, bridges, ports, and 2037, 2047 economy. So this is a great technologies and saying, ‘‘We can fig- airports. Let’s extend broadband to investment. ure out how to go to the Moon’’ be- every corner of the country and hire The World Bank has studied this. cause we were committed, as a coun- Americans to go do this work. Let’s They have said that every 10 percent- try, to do great things. redo our grid and extend it so that we age-point increase in broadband pene- And now we are committed to can get this renewable energy all tration equals 1.2 percent growth in tweeting about some nonsensical show across the country; put people to work your GDP. So you are making these in- that is on TV or some backhanded doing that; resuscitate our manufac- vestments and you are growing your comment that somebody gives. There turing base; and change the trajectory economy at the same time. is too much at stake. Every time we do of our country so that our kids are I think we go to these coal miners that, we fall further and further and wired, prepared, and living in a country who have been put out of work, we go further behind. that is ready to lead the world again in to the steelworkers who have been put One other piece of America 2.0, and some of the great challenges that face out of work, we go to the autoworkers the final piece or two I will share to- us. who have been put out of work through night, is green energy, resuscitating That is the outline of America 2.0. In the deindustrialization, through manufacturing in the United States. my mind, that is the direction we need globalization and automation, and we How do we do it? to go in. It starts, Mr. Speaker, by get- say: You are hired. You are going to I know we have discussions here ting people back to work, by us getting get on-the-job training. This isn’t about climate change. Some people say focused and being disciplined, and talk- going to be: We are going to train you it is not happening. Some people say it ing about the things and figuring out for some job that may or may not is not man made. It is an important how to work out the deals that need to come. You are hired in America 2.0. point to make that 98 percent of sci- be worked out here in order to help You are going to work. You are going entists who have reviewed all of the lit- those people back home. to lay broadband. erature on this say it is happening and That is our obligation because the We need to upgrade our energy grids. it is caused by man. I think that is an generations before us—whether it was We need smart grids that are more effi- important point. But let’s set that the Intercontinental Railroad, or the cient, more secure, and less prone to aside. social justice movement, or the equal- terrorist attacks—more efficient, can How do we help people with their en- ity movement, or the interstate high- communicate with the end user better ergy bill and how do we resuscitate way, or the land-grant colleges, or so you know how much money you are manufacturing in the United States? I NASA—gave us a pretty good world to spending when you wash your clothes. believe that, if we move towards a grow up in. And now it is our obliga- And you may go off hour so you can green economy, we will have a renais- tion to take this to the next level and wash them at a different time and save sance in manufacturing, and let me tell create the next version of America. a little money on your energy bill, you why. Because for every windmill Create America 2.0. money in your pocket because we make that we put up, there are 8,000 compo- Mr. Speaker, I yield back the balance these investments. nent parts to the windmill: gearshifts, of my time. You are going to work now on the hydraulics, steel, aluminum, plastics, f smart grid. You are hired. And this all kinds of things, bolts. There is a ENROLLED BILLS SIGNED country, as wealthy as we are, we are sidewalk mile of concrete in a wind- going to pay for it. We are going to mill. Karen L. Haas, Clerk of the House, build it, and we are going to change the reported and found truly enrolled bills trajectory of our country, and we are b 2015 of the House of the following titles, going to be ready to play ball in the These are things we make in this which were thereupon signed by the economy. country. These are things we make in Speaker:

VerDate Sep 11 2014 04:23 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K15FE7.099 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 15, 2017 CONGRESSIONAL RECORD — HOUSE H1241 H.R. 255. An act to authorize the National ADJOURNMENT House adjourned until tomorrow, Science Foundation to support entrepre- Thursday, February 16, 2017, at 10 a.m. neurial programs for women. Mr. RYAN of Ohio. Mr. Speaker, I H.R. 321. An act to inspire women to enter move that the House do now adjourn. for morning-hour debate. the aerospace field, including science, tech- The motion was agreed to; accord- nology, engineering, and mathematics, ingly (at 8 o’clock and 19 minutes through mentorship and outreach. hp.m.), under its previous order, the EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the fourth quar- ter of 2016, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Ileana Ros-Lehtinen ...... 10/29 10/30 Haiti ...... 226.00 ...... 439.56 ...... 665.56 Edward Acevedo ...... 10/28 10 /30 Haiti ...... 236.00 ...... 1,077.61 ...... 1,313.61 Sadaf Khan ...... 10 /28 10 /30 Haiti ...... 512.00 ...... 1,064.16 ...... 1,576.16 Douglas Seay ...... 10/17 10/19 Latvia ...... 303.37 ...... 1,388.06 ...... 1,691.43 10/19 10/21 Lithuania ...... 400.44 ...... 400.44 Sarah Blocher ...... 10/17 10/19 Latvia ...... 411.55 ...... 1,388.06 ...... 1,799.61 10/19 10/21 Lithuania ...... 617.40 ...... 617.40 Jason Steinbaum ...... 10 /17 10 /19 Latvia ...... 437.13 ...... 3,182.46 ...... 3,619.59 10/19 10/21 Lithuania ...... 408.66 ...... 408.66 Scott Cullinane ...... 10/23 10/25 Belgium ...... 558.00 ...... 3,089.76 ...... 3,647.76 10/25 10/28 Italy ...... 863.00 ...... 863.00 Philip Bednarczyk ...... 10 /23 10/25 Belgium ...... 578.00 ...... 3,696.16 ...... 4,274.16 10/25 10/28 Italy ...... 888.00 ...... 888.00 Kyle Parker ...... 10 /23 10 /25 Belgium ...... 578.00 ...... 3,166.56 ...... 3,744.56 10/25 10/28 Italy ...... 888.00 ...... 888.00 Hon. Eliot L. Engel ...... 12/19 12/21 Israel ...... 1,117.00 ...... 11,111.79 ...... 12,228.79 Mira Resnick ...... 12 /19 12 /21 Israel ...... 1,119.00 ...... 10,404.39 ...... 11,523.39 Hon. Eliot L. Engel ...... 11/19 11/20 Dominican Republic ...... 276.00 ...... 380.56 ...... 656.56 Hon. Lee Zeldin ...... 12/26 12/26 Qatar ...... 7,560.36 ...... 7,560.36 12/27 12/28 Afghanistan ...... 33.00 ...... (3) ...... 33.00 12/28 12/29 Qatar ...... 388.61 ...... 388.61 Kristen Marquardt ...... 10/29 10/30 Bahrain ...... 315.00 ...... 5,065.86 ...... 5,380.86 10/30 11/2 United Arab Emirates ...... 1,561.00 ...... 1,561.00 11/2 11/4 Oman ...... 1,165.09 ...... 1,165.09 Matthew Zweig ...... 10/29 10/30 Bahrain ...... 315.00 ...... 5,065.86 ...... 5,380.86 10/30 11/2 United Arab Emirates ...... 1,561.00 ...... 1,561.00 11/2 11/4 Oman ...... 1,120.09 ...... 1,120.09 Mira Resnick ...... 10 /30 11 /2 United Arab Emirates ...... 1,530.77 ...... 5,350.66 ...... 6,881.43 11/2 11/4 Oman ...... 965.40 ...... 965.40 Thomas Hill ...... 10/9 10/11 South Korea ...... 849.84 ...... 7,527.92 ...... 8,377.76 10/11 10/13 Taiwan ...... 530.89 ...... 530.89 10/13 10/15 Thailand ...... 492.05 ...... * 435.27 ...... 927.32 Hunter Strupp ...... 10/9 10/11 South Korea ...... 708.17 ...... 5,206.56 ...... 5,914.73 10/11 10/13 Taiwan ...... 532.40 ...... 532.40 10/13 10/15 Thailand ...... 483.97 ...... 483.97 Timothy Mulvey ...... 10 /9 10 /11 South Korea ...... 849.84 ...... 7,527.92 ...... 8,377.76 10/11 10/13 Taiwan ...... 530.89 ...... 530.89 10/13 10/15 Thailand ...... 492.05 ...... 492.05 Hon. Gerald Connolly ...... 11 /22 11 /23 Turkey ...... 353.00 ...... 353.00

Committee total ...... 25,195.61 ...... 83,694.27 ...... 435.27 ...... 109,325.15

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. * Indicates Delegation Costs. HON. EDWARD R. ROYCE, Chairman, Jan. 31, 2017.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2016

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Chris Smith ...... 12/18 12/21 Iraq ...... 11,735.42 ...... 11,735.42 Mark Milosch ...... 12/18 12/21 Iraq ...... 11,815.42 ...... 11,815.42 Erika Schlager ...... 9 /17 10 /1 Poland ...... Zloty 3,808.00 ...... 11,395.56 ...... 15,203.56 10/16 10/21 Austria ...... Euro 1,610.00 ...... 12,244.26 ...... 13,854.26 12/4 12/10 Germany ...... Euro 1,758.00 ...... 12,190.46 ...... 13,948.46 Janice Helwig ...... 9/18 10/1 Poland ...... Zloty 3,536.00 ...... 2,048.60 ...... 5,584.60 10/1 12/31 Austria ...... Euro 29,624.00 ...... 29,624.00 12/4 12/10 Germany ...... Euro 1,758.00 ...... 977.90 ...... 2,735.90 Robert Hand ...... 9/28 10 /3 Macedonia ...... Denar 786.00 ...... 2,433.46 ...... 3,219.46 Everett Price ...... 10 /3 10 /13 Austria ...... Euro 5,108.47 ...... 6,368.32 ...... 11,476.79 ...... Turkey ...... Lira ...... 12/18 12/21 Iraq ...... 5,220.42 ...... 5,220.42 Alex Tiersky ...... 10 /15 10 /21 Austria ...... Euro 1,932.00 ...... 1,821.26 ...... 3,753.26 Paul Massaro ...... 10/15 10/22 Austria ...... Euro 2,254.00 ...... 2,008.76 ...... 4,262.76 Nathaniel Hurd ...... 12/18 12 /21 Iraq ...... 9,170.42 ...... 9,170.42

Committee total ...... 52,174.47 ...... 89,430.26 ...... 141,604.73

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. CHRISTOPHER H. SMITH, Co-Chairman, Feb. 7, 2017.

VerDate Sep 11 2014 04:23 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 8634 E:\CR\FM\A15FE7.046 H15FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1242 CONGRESSIONAL RECORD — HOUSE February 15, 2017 PUBLIC BILLS AND RESOLUTIONS fornia, Mr. O’ROURKE, Mr. ROE of H.R. 1071. A bill to amend the Safe Drink- Tennessee, Mr. MOULTON, Mr. RODNEY ing Water Act to increase assistance for Under clause 2 of rule XII, public DAVIS of Illinois, Mr. DELANEY, Mr. States, water systems, and disadvantaged bills and resolutions of the following ZELDIN, Mr. STIVERS, Mr. LOBIONDO, communities; to encourage good financial titles were introduced and severally re- Mr. RUSSELL, Mr. MARSHALL, Mrs. and environmental management of water ferred, as follows: WALORSKI, Ms. SINEMA, Mr. WITTMAN, systems; to strengthen the Environmental Protection Agency’s ability to enforce the By Mr. HOYER (for himself, Mr. THOM- Ms. GABBARD, Mr. SOTO, Mr. WALZ, requirements of the Act; and for other pur- AS J. ROONEY of Florida, Mr. ENGEL, Mr. DUFFY, Mr. PETERS, Mr. poses; to the Committee on Energy and Com- Mr. KINZINGER, Mr. SCHIFF, Mr. BUCSHON, Mr. SENSENBRENNER, Mr. merce. SMITH of Washington, and Mr. TUR- DESAULNIER, Mr. DEFAZIO, Mr. BOST, By Mr. SANFORD (for himself, Mr. NER): Mr. COOPER, Mr. FRANKS of Arizona, DUNCAN of South Carolina, Mr. MEAD- H.R. 1059. A bill to provide for congres- Mr. COOK, Mr. GOHMERT, Mr. OWS, Mr. GOSAR, Mr. GARRETT, and sional oversight of actions to waive, suspend, HULTGREN, Mr. PITTENGER, Ms. Mr. MOONEY of West Virginia): reduce, provide relief from, or otherwise MICHELLE LUJAN GRISHAM of New Mexico, Mr. COSTELLO of Pennsyl- H.R. 1072. A bill to repeal provisions of the limit the application of sanctions with re- Patient Protection and Affordable Care Act vania, Mr. GUTHRIE, Mr. HILL, Ms. spect to the Russian Federation, and for and provide private health insurance reform, STEFANIK, Mr. MOONEY of West Vir- other purposes; to the Committee on Foreign and for other purposes; to the Committee on ginia, Mr. JONES, Mr. UPTON, Mr. Affairs, and in addition to the Committees Energy and Commerce, and in addition to KATKO, Mr. GOODLATTE, Mr. COLLINS on the Judiciary, Rules, and Ways and the Committees on Ways and Means, Edu- of New York, Mrs. BLACKBURN, Mrs. Means, for a period to be subsequently deter- cation and the Workforce, and the Judiciary, BUSTOS, and Ms. JENKINS of Kansas): mined by the Speaker, in each case for con- for a period to be subsequently determined sideration of such provisions as fall within H.R. 1065. A bill to establish biennial budg- ets for the United States Government; to the by the Speaker, in each case for consider- the jurisdiction of the committee concerned. ation of such provisions as fall within the ju- Committee on the Budget, and in addition to By Mr. COURTNEY (for himself, Mr. risdiction of the committee concerned. the Committees on Oversight and Govern- THOMPSON of Pennsylvania, and Mr. By Mr. BEYER (for himself and Mr. ment Reform, and Rules, for a period to be FASO): OOK): subsequently determined by the Speaker, in C H.R. 1060. A bill to amend the Higher Edu- H.R. 1073. A bill to authorize the Secretary each case for consideration of such provi- cation Act of 1965 to include certain individ- of the Interior to establish a structure for uals who work on farms or ranches as indi- sions as fall within the jurisdiction of the visitor services on the Arlington Ridge tract, committee concerned. viduals who are employed in public service in the area of the U.S. Marine Corps War Me- By Mr. KILMER (for himself and Mr. jobs for purposes of eligibility for loan for- morial, and for other purposes; to the Com- NEWHOUSE): giveness under the Federal Direct Loan pro- mittee on Natural Resources. H.R. 1066. A bill to direct the Secretary of By Mr. BLUM (for himself, Mr. YOUNG gram; to the Committee on Education and Veterans Affairs to submit to the Commit- of Iowa, Mr. LOEBSACK, and Mr. KING the Workforce. tees on Veterans’ Affairs of the Senate and By Mr. CHAFFETZ (for himself, Mr. of Iowa): the House of Representatives a report re- H.R. 1074. A bill to repeal the Act entitled CONYERS, Mr. FARENTHOLD, Mr. POE garding the organizational structure of the of Texas, and Mr. WELCH): ‘‘An Act to confer jurisdiction on the State Department of Veterans Affairs, and for of Iowa over offenses committed by or H.R. 1061. A bill to amend title 18, United other purposes; to the Committee on Vet- States Code, to regulate the use of cell-site against Indians on the Sac and Fox Indian erans’ Affairs. Reservation’’; to the Committee on Natural simulators, and for other purposes; to the By Mr. SENSENBRENNER: Committee on the Judiciary. Resources. H.R. 1067. A bill to amend section 524(c) of By Ms. CLARKE of New York (for her- By Mr. CHAFFETZ (for himself, Mr. title 18, United States Code, to use lawfully self, Mr. SOTO, Mr. BROWN of Mary- CONYERS, Mr. POE of Texas, Mr. forfeited drug seizures to increase border se- land, Ms. NORTON, Ms. BASS, Mr. LYNCH, Mr. WELCH, Mr. LABRADOR, curity; to the Committee on the Judiciary. KIHUEN, Ms. FUDGE, Mr. AL GREEN of Mr. JORDAN, and Mr. ISSA): By Mr. PALLONE (for himself, Mr. Texas, Mr. CLYBURN, Mr. THOMPSON H.R. 1062. A bill to amend title 18, United TONKO, Mr. CA´ RDENAS, Mr. BRENDAN of Mississippi, Mr. VEASEY, Mr. States Code, to specify the circumstances in F. BOYLE of Pennsylvania, Mr. BLU- EVANS, Mr. BUTTERFIELD, Mr. MEEKS, which a person may acquire geolocation in- MENAUER, Ms. DELAURO, Mrs. DIN- Mr. CLEAVER, Mrs. DEMINGS, Ms. formation and for other purposes; to the GELL, Ms. MATSUI, Ms. DEGETTE, and KELLY of Illinois, Mr. LAWSON of Committee on the Judiciary, and in addition Mr. MCNERNEY): Florida, and Ms. EDDIE BERNICE to the Committee on Intelligence (Perma- H.R. 1068. A bill to enable needed drinking nent Select), for a period to be subsequently JOHNSON of Texas): water standards, reduce lead in drinking H.R. 1075. A bill to provide that the Execu- determined by the Speaker, in each case for water, plan for and address threats from cli- consideration of such provisions as fall with- tive Order entitled ‘‘Protecting the Nation mate change, terrorism, and source water from Foreign Terrorist Entry into the in the jurisdiction of the committee con- contamination, invest in drinking water in- United States’’ (January 27, 2017) shall have cerned. frastructure, increase compliance with no force or effect, to prohibit the use of Fed- By Mr. O’ROURKE (for himself, Mr. drinking water standards, foster greater eral funds to enforce the Executive Order, COFFMAN, Mr. JONES, Mr. PETERS, community right to know about drinking and for other purposes; to the Committee on Miss RICE of New York, and Ms. water quality, and promote technological so- the Judiciary, and in addition to the Com- TITUS): lutions for drinking water challenges; to the mittees on Foreign Affairs, Homeland Secu- H.R. 1063. A bill to ensure that an indi- Committee on Energy and Commerce. rity, and Intelligence (Permanent Select), vidual who is transitioning from receiving By Mrs. LAWRENCE (for herself, Mr. for a period to be subsequently determined medical treatment furnished by the Sec- LANGEVIN, Ms. BASS, Mrs. NAPOLI- by the Speaker, in each case for consider- retary of Defense to medical treatment fur- TANO, Ms. NORTON, and Ms. WILSON of ation of such provisions as fall within the ju- nished by the Secretary of Veterans Affairs Florida): risdiction of the committee concerned. receives the pharmaceutical agents required H.R. 1069. A bill to amend part B of title IV By Ms. CLARKE of New York (for her- for such transition; to the Committee on of the Social Security Act to ensure that self, Ms. VELA´ ZQUEZ, Mr. DANNY K. Veterans’ Affairs. mental health screenings and assessments DAVIS of Illinois, Ms. NORTON, Ms. By Mr. O’ROURKE (for himself and Mr. are provided to children and youth upon BASS, Mr. ESPAILLAT, Mr. SOTO, Ms. JONES): entry into foster care; to the Committee on FUDGE, Mr. AL GREEN of Texas, Mr. H.R. 1064. A bill to authorize an individual Ways and Means. CLYBURN, Mr. THOMPSON of Mis- who is transitioning from receiving treat- By Mr. CALVERT: sissippi, Mr. EVANS, Mr. ment furnished by the Secretary of Defense H.R. 1070. A bill to amend the Fair Labor BUTTERFIELD, Mr. MEEKS, Mr. to treatment furnished by the Secretary of Standards Act of 1938 to provide that an em- CLEAVER, Mrs. DEMINGS, Ms. BLUNT Veterans Affairs to continue receiving treat- ployee’s ‘regular rate’ for purposes of calcu- ROCHESTER, Ms. KELLY of Illinois, ment from such individual’s mental health lating overtime compensation will not be af- Mr. LAWSON of Florida, Mr. DAVID care provider of the Department of Defense, fected by certain additional payments; to the SCOTT of Georgia, Mr. LEWIS of Geor- and for other purposes; to the Committee on Committee on Education and the Workforce. gia, Mr. CLAY, Ms. EDDIE BERNICE Armed Services, and in addition to the Com- By Mr. TONKO (for himself, Mr. PAL- JOHNSON of Texas, and Mrs. BEATTY): mittee on Veterans’ Affairs, for a period to LONE, Ms. MATSUI, Ms. NORTON, Mr. H.R. 1076. A bill to provide that section 9 of be subsequently determined by the Speaker, BLUMENAUER, Mr. CA´ RDENAS, Mr. Executive Order 13768, relating to sanctuary in each case for consideration of such provi- SARBANES, Mrs. DINGELL, Mr. MCNER- jurisdictions, shall have no force or effect, to sions as fall within the jurisdiction of the NEY, Ms. ESHOO, Mr. GENE GREEN of prohibit the use of funds for certain pur- committee concerned. Texas, Mr. MICHAEL F. DOYLE of poses, and for other purposes; to the Com- By Mr. MESSER (for himself, Mr. Pennsylvania, Ms. SCHAKOWSKY, Mr. mittee on the Judiciary, and in addition to SCHRADER, Mr. CARTWRIGHT, Mr. PETERS, Mr. WELCH, Ms. DEGETTE, the Committee on Oversight and Govern- DESJARLAIS, Mr. SWALWELL of Cali- and Ms. CASTOR of Florida): ment Reform, for a period to be subsequently

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determined by the Speaker, in each case for Mr. RICHMOND, Mr. KHANNA, Mr. H.R. 1092. A bill to establish the United consideration of such provisions as fall with- SCOTT of Virginia, Ms. CLARKE of New States Chief Manufacturing Officer in the in the jurisdiction of the committee con- York, Mr. CLEAVER, Mr. MEEKS, Mr. Executive Office of the President with the cerned. THOMPSON of Mississippi, Mr. responsibility of developing a national man- By Mr. COHEN (for himself, Ms. NOR- VEASEY, Ms. SEWELL of Alabama, Ms. ufacturing strategy to revitalize the manu- TON, Mrs. CAROLYN B. MALONEY of MICHELLE LUJAN GRISHAM of New facturing sector, spur economic growth, and New York, and Mr. SCOTT of Vir- Mexico, Mr. RYAN of Ohio, Ms. expand United States competitiveness, and ginia): KUSTER of New Hampshire, Mr. for other purposes; to the Committee on En- H.R. 1077. A bill to amend title 31, United GUTIE´ RREZ, and Mr. TONKO): ergy and Commerce. States Code, to direct the Secretary of the H.R. 1084. A bill to address slow economic By Mr. SIRES (for himself and Mr. Treasury to regulate tax return preparers; to growth and spur investment and develop- PAYNE): the Committee on Ways and Means. ment in underserved communities across H.R. 1093. A bill to require the Federal By Mrs. DAVIS of California (for her- America; to the Committee on Ways and Railroad Administration and the Federal self, Ms. JENKINS of Kansas, Mr. Means, and in addition to the Committees on Transit Authority to provide appropriate MCGOVERN, Mr. YOUNG of Alaska, and Education and the Workforce, Agriculture, Congressional notice of safety audits con- Mr. WALZ): Financial Services, Small Business, Energy ducted with respect to railroads and rail H.R. 1078. A bill to amend title 37, United and Commerce, the Judiciary, and Oversight transit agencies; to the Committee on Trans- States Code, to exclude the receipt of basic and Government Reform, for a period to be portation and Infrastructure. allowance for housing for members of the subsequently determined by the Speaker, in By Ms. SLAUGHTER (for herself, Mr. each case for consideration of such provi- Armed Forces in determining eligibility for GARAMENDI, Mr. SWALWELL of Cali- sions as fall within the jurisdiction of the certain Federal benefits, and for other pur- fornia, Mr. LARSON of Connecticut, committee concerned. poses; to the Committee on Armed Services, Mr. CLYBURN, Mr. TONKO, Mr. KIHUEN, By Ms. MICHELLE LUJAN GRISHAM and in addition to the Committee on Agri- Mr. HASTINGS, Ms. DELAURO, Mr. of New Mexico: culture, for a period to be subsequently de- POCAN, Mr. LEWIS of Georgia, Ms. H.R. 1085. A bill to withdraw certain Bu- termined by the Speaker, in each case for MENG, Mr. ELLISON, Ms. MCCOLLUM, consideration of such provisions as fall with- reau of Land Management land from mineral development; to the Committee on Natural Mr. TED LIEU of California, Ms. CAS- in the jurisdiction of the committee con- TOR of Florida, Mr. POLIS, Mr. SCOTT cerned. Resources. By Ms. MICHELLE LUJAN GRISHAM of Virginia, Ms. SEWELL of Alabama, By Mr. ELLISON (for himself, Mr. Ms. SPEIER, Mr. DEFAZIO, Mr. BEYER, SERRANO, Mr. GRIJALVA, and Ms. of New Mexico: H.R. 1086. A bill to require executive agen- and Mrs. NAPOLITANO): JUDY CHU of California): cies to notify the public and consider public H.R. 1094. A bill to change the date for reg- H.R. 1079. A bill to amend the Higher Edu- ularly scheduled general elections for Fed- cation Act of 1965 to require institutions of comment before relocating an office of the agency that has regular contact with the eral office to the first Saturday and Sunday higher education to disclose their concealed after the first Friday in November in every carry or open carry policies with respect to public, and for other purposes; to the Com- mittee on Oversight and Government Re- even-numbered year; to the Committee on firearms, and for other purposes; to the Com- form. House Administration. mittee on Education and the Workforce. By Ms. MICHELLE LUJAN GRISHAM By Mr. SMITH of New Jersey (for him- By Mr. ELLISON (for himself, Mr. of New Mexico: self and Mr. MCGOVERN): SCOTT of Virginia, Ms. ADAMS, Mr. H.R. 1087. A bill to establish a pilot pro- H.R. 1095. A bill to amend the Torture Vic- CONYERS, Ms. LEE, Mr. PAYNE, and gram in certain agencies for the use of pub- tims Relief Act of 1998 to authorize appro- Ms. MOORE): lic-private agreements to enhance the effi- H.R. 1080. A bill to amend the Securities priations to provide assistance for domestic ciency of Federal real property; to the Com- and foreign programs and centers for the Act of 1933 and the Internal Revenue Code of mittee on Transportation and Infrastruc- 1986 to provide an exemption and payments treatment of victims of torture, and for ture, and in addition to the Committee on other purposes; to the Committee on Foreign from taxation for 501(c)(3) bonds issued on Oversight and Government Reform, for a pe- behalf of a historically Black college or uni- Affairs, and in addition to the Committee on riod to be subsequently determined by the Energy and Commerce, for a period to be versity; to the Committee on Ways and Speaker, in each case for consideration of Means, and in addition to the Committee on subsequently determined by the Speaker, in such provisions as fall within the jurisdic- each case for consideration of such provi- Financial Services, for a period to be subse- tion of the committee concerned. quently determined by the Speaker, in each sions as fall within the jurisdiction of the By Mr. NADLER (for himself, Mr. committee concerned. case for consideration of such provisions as MEEKS, Ms. CLARKE of New York, Mr. fall within the jurisdiction of the committee By Mr. STEWART (for himself, Mr. JEFFRIES, and Mr. ESPAILLAT): ONG, Mr. ROSKAM, Mr. TIPTON, Mr. concerned. L H.R. 1088. A bill to establish the African CHAFFETZ, Mr. PEARCE, Mr. MCCLIN- By Mr. EMMER: Burial Ground International Memorial Mu- TOCK, Mr. BISHOP of Utah, and Mr. H.R. 1081. A bill to eliminate the discretion seum and Educational Center in New York, of the Secretary of Homeland Security re- BURGESS): New York, and for other purposes; to the H.R. 1096. A bill to amend title 31, United garding the definition of the term ‘‘official Committee on Natural Resources. States Code, to provide for transparency of purpose’’ as it applies to drivers’ licenses and By Mr. POLIS (for himself, Mr. TIPTON, payments made from the Judgment Fund; to personal identification cards, and for other Mr. BLUMENAUER, and Mr. WALDEN): the Committee on the Judiciary. purposes; to the Committee on Oversight and H.R. 1089. A bill to amend the Internal Rev- Government Reform. enue Code of 1986 to ensure that kombucha is By Mr. TAKANO (for himself and Mr. By Mr. GUTHRIE (for himself and Mr. exempt from any excise taxes and regula- BISHOP of Georgia): MULLIN): tions imposed on alcoholic beverages; to the H.R. 1097. A bill to increase consumer pro- H.R. 1082. A bill to amend title XIX of the Committee on Ways and Means. tection with respect to negative option Social Security Act to eliminate the State By Mr. REED (for himself, Mr. MEE- agreements entered into on the Internet, and option to reduce the home equity exemption HAN, Mr. THOMPSON of California, Mr. for other purposes; to the Committee on En- amount for purposes of eligibility for long- BLUMENAUER, Mr. FASO, Mr. LARSON ergy and Commerce. EAL term care assistance under Medicaid, and for of Connecticut, Mr. TONKO, Mr. By Mr. TIBERI (for himself, Mr. N , EED ELLY other purposes; to the Committee on Energy POCAN, Mr. CA´ RDENAS, Mr. ROKITA, Mr. R , Mr. K of Pennsyl- EEHAN C INLEY and Commerce. Mr. MULLIN, Mr. KIND, Mr. COLE, Mrs. vania, Mr. M , Mr. M K , IND IGGINS By Mr. HUFFMAN (for himself, Ms. LOVE, Mr. REICHERT, Mr. LOBIONDO, Mr. K , Mr. H of New York, MITH AULSEN BONAMICI, Ms. LOFGREN, Mrs. NAPOLI- Mr. BLUM, Mr. CURBELO of Florida, Mr. S of Missouri, Mr. P , LUMENAUER ANNY TANO, Mr. GARAMENDI, Ms. LEE, Mr. Mr. YOUNG of Iowa, and Mr. COSTELLO Mr. B , Mr. D K. THOMPSON of California, Mr. VARGAS, of Pennsylvania): DAVIS of Illinois, Mr. THOMPSON of Mr. TED LIEU of California, Mr. H.R. 1090. A bill to amend the Internal Rev- California, Mr. PASCRELL, Ms. SE- TAKANO, Mr. MEEKS, and Mr. CON- enue Code of 1986 to extend the credit for res- WELL of Alabama, Mr. LARSON of Con- YERS): idential energy efficient property and the en- necticut, Ms. SA´ NCHEZ, Mr. TURNER, H.R. 1083. A bill to establish an American ergy credit; to the Committee on Ways and Mr. JOYCE of Ohio, Mr. JOHNSON of Savings Account Fund and create a retire- Means. Ohio, Mr. STIVERS, and Mr. RENACCI): ment savings plan available to all employ- By Mr. RENACCI (for himself, Mr. H.R. 1098. A bill to amend the Internal Rev- ees, and for other purposes; to the Com- BUCSHON, and Mr. KILMER): enue Code of 1986 to permanently extend the mittee on Ways and Means. H.R. 1091. A bill to amend certain provi- new markets tax credit, and for other pur- By Ms. KELLY of Illinois (for herself, sions of the Social Security Act relating to poses; to the Committee on Ways and Means. Mr. POCAN, Mr. EVANS, Ms. LEE, Ms. demonstration projects designed to promote By Mr. WITTMAN (for himself and Mr. SLAUGHTER, Mr. SWALWELL of Cali- the reemployment of unemployed workers; THOMPSON of California): fornia, Mr. HASTINGS, Mr. to the Committee on Ways and Means. H.R. 1099. A bill to extend the authoriza- BUTTERFIELD, Mr. CARTWRIGHT, Ms. By Mr. RYAN of Ohio (for himself, Mr. tion of appropriations for allocation to carry NORTON, Mrs. LAWRENCE, Ms. MOORE, REED, and Mr. LIPINSKI): out approved wetlands conservation projects

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under the North American Wetlands Con- By Mr. DEFAZIO (for himself, Mr. Article 1, Section 8 of the United States servation Act through fiscal year 2022; to the COURTNEY, Mr. BLUMENAUER, Ms. Constitution. Committee on Natural Resources. BONAMICI, Mr. GARAMENDI, Mr. ELLI- By Mr. SENSENBRENNER: By Mr. ZELDIN (for himself and Ms. SON, Ms. NORTON, Mr. POLIS, Ms. H.R. 1067. GABBARD): SHEA-PORTER, Ms. ROYBAL-ALLARD, Congress has the power to enact this legis- H.R. 1100. A bill to amend title 38, United and Ms. DELAURO): lation pursuant to the following: States Code, to eliminate copayments by the H. Res. 130. A resolution supporting efforts Article 1, Section 8, Clause 18 Department of Veterans Affairs for medi- to increase competition and accountability By Mr. PALLONE: cines relating to preventive health services, in the health insurance marketplace, and to H.R. 1068. and for other purposes; to the Committee on extend accessible, quality, affordable health Congress has the power to enact this legis- Veterans’ Affairs. care coverage to every American through the lation pursuant to the following: By Mr. POCAN (for himself, Mr. ELLI- choice of a public insurance plan; to the Article 1, Section 8, Clause 18 SON, Mr. LEWIS of Georgia, Mr. RYAN Committee on Energy and Commerce. By Mrs. LAWRENCE: H.R. 1069. of Ohio, Mr. TAKANO, Ms. NORTON, f Mr. COHEN, Ms. KAPTUR, Mr. CUM- Congress has the power to enact this legis- MINGS, Mr. BRENDAN F. BOYLE of CONSTITUTIONAL AUTHORITY lation pursuant to the following: Pennsylvania, Ms. MOORE, Mr. CART- STATEMENT Article I, Section 8, Clause 18: The Con- gress shall have Power To make all Laws WRIGHT, Mr. GARAMENDI, Mr. Pursuant to clause 7 of rule XII of LOWENTHAL, Mrs. WATSON COLEMAN, which shall be necessary and proper for car- the Rules of the House of Representa- Ms. WASSERMAN SCHULTZ, Mr. rying into Execution the foregoing Powers, DESAULNIER, Ms. SLAUGHTER, Mr. tives, the following statements are sub- and all other Powers vested by this Constitu- NORCROSS, Mr. MCGOVERN, Mr. BLU- mitted regarding the specific powers tion in the Government of the United States, MENAUER, Ms. JUDY CHU of California, granted to Congress in the Constitu- or in any Department or Officer thereof. Mr. JEFFRIES, Mr. VEASEY, Mr. CON- tion to enact the accompanying bill or By Mr. CALVERT: YERS, Mr. GRIJALVA, and Ms. ROYBAL- joint resolution. H.R. 1070. ALLARD): Congress has the power to enact this legis- By Mr. HOYER: H.J. Res. 74. A joint resolution proposing lation pursuant to the following: H.R. 1059. an amendment to the Constitution of the Article 1, Section 8 of the United States Congress has the power to enact this legis- United States regarding the right to vote; to Constitution, specifically clause 18 (relating lation pursuant to the following: to the power to make all laws necessary and the Committee on the Judiciary. Article I, Section VIII proper for carrying out the powers vested in By Mr. DEFAZIO: The Congress shall have power . . . To H.J. Res. 75. A joint resolution to amend Congress). make all laws which shall be necessary and the War Powers Resolution; to the Com- By Mr. TONKO: proper for carrying the execution of the fore- mittee on Foreign Affairs, and in addition to H.R. 1071. going powers, and all powers vested by this the Committee on Rules, for a period to be Congress has the power to enact this legis- Constitution in the government of the subsequently determined by the Speaker, in lation pursuant to the following: United States, or in any department or offi- each case for consideration of such provi- Article I, Section 8, Clause 18: The Con- cer thereof. sions as fall within the jurisdiction of the gress shall have power to make all Laws By Mr. COURTNEY: which shall be necessary and proper for car- committee concerned. H.R. 1060. rying into Execution the foregoing Powers, By Ms. ADAMS (for herself, Ms. Congress has the power to enact this legis- ´ and all other Powers vested by the Constitu- VELAZQUEZ, Ms. MOORE, Ms. CLARKE lation pursuant to the following: of New York, Mr. HASTINGS, Mr. Article 1, Section 8 tion in the Government of the United States, MCGOVERN, and Mr. SOTO): By Mr. CHAFFETZ: or in any Department or Officer thereof. H. Con. Res. 25. Concurrent resolution ex- H.R. 1061. By Mr. SANFORD: pressing the sense of Congress on the admis- Congress has the power to enact this legis- H.R. 1072. sion of refugees and immigrants to the lation pursuant to the following: Congress has the power to enact this legis- United States; to the Committee on the Ju- Article 1, Section 8, Clauses I and 3, and lation pursuant to the following: diciary. the 4th and 14th Amendments to the U.S. Article I, Section 8 of the United States By Mr. ADERHOLT (for himself, Mr. Constitution Constitution CULBERSON, and Mr. SMITH of Texas): By Mr. CHAFFETZ: By Mr. BEYER: H. Con. Res. 26. Concurrent resolution to H.R. 1062. H.R. 1073. express the sense of Congress that the first Congress has the power to enact this legis- Congress has the power to enact this legis- launch of the Space Launch System should lation pursuant to the following: lation pursuant to the following: be named for Captain Eugene Andrew Article 1, Section 8, Clauses 1 and 3, and Article 4, Section 3, Clause 2, relating to ‘‘Gene’’ Cernan; to the Committee on the 4th and 14th Amendments to the U.S. the power of Congress to dispose of and make Science, Space, and Technology. Constitution. all needful rules and regulations respecting By Mr. LOWENTHAL (for himself, Mr. By Mr. O’ROURKE: the territory or other property belonging to REICHERT, and Mr. GRIJALVA): H.R. 1063. the United States H. Con. Res. 27. Concurrent resolution ex- Congress has the power to enact this legis- By Mr. BLUM: pressing the sense of Congress that Amer- lation pursuant to the following: H.R. 1074. ica’s Federal public lands are national treas- Article 1, Section 8, Clause 18: Congress has the power to enact this legis- ures that belong to all Americans; to the To make all Laws which shall be necessary lation pursuant to the following: Committee on Natural Resources. and proper for carrying into Execution the Article 1, Section 8, Clause 3 To regulate By Mr. CROWLEY: foregoing Powers, and all other Powers vest- commerce with foreign nations, and among H. Res. 127. A resolution electing Members ed by this Constitution in the Government of the several states, and with the Indian to certain standing committees of the House the United States, or in any Department or tribes. of Representatives; considered and agreed to. Officer thereof. By Ms. CLARKE of New York: By Mr. SMITH of New Jersey (for him- By Mr. O’ROURKE: H.R. 1075. self, Ms. BASS, Mr. COFFMAN, Ms. H.R. 1064. Congress has the power to enact this legis- KELLY of Illinois, Mr. VEASEY, and Congress has the power to enact this legis- lation pursuant to the following: Mr. ELLISON): lation pursuant to the following: The power granted to Congress under Arti- H. Res. 128. A resolution supporting respect Article 1, Section 8, Clause 18: cle I of the United States Constitution and for human rights and encouraging inclusive To make all Laws which shall be necessary its Subsequent ammendments, and further governance in Ethiopia; to the Committee on and proper for carrying into Execution the clarified and interpreted by the Supreme Foreign Affairs. foregoing Powers, and all other Powers vest- Court of the United States. By Mr. SAM JOHNSON of Texas: ed by this Constitution in the Government of By Ms. CLARKE of New York: H. Res. 129. A resolution calling on the De- the United States, or in any Department or H.R. 1076. partment of Defense, other elements of the Officer thereof. Congress has the power to enact this legis- Federal Government, and foreign govern- By Mr. MESSER: lation pursuant to the following: ments to intensify efforts to investigate, re- H.R. 1065. The power granted to Congress under Arti- cover, and identify all missing and unac- Congress has the power to enact this legis- cle I of the United States Constitution and counted-for personnel of the United States; lation pursuant to the following: its subsequent ammendments, and further to the Committee on Foreign Affairs, and in Article I, section 9, clause 7 of the United clarified and interpreted by the Supreme addition to the Committee on Armed Serv- States Constitution. Court of the United States. ices, for a period to be subsequently deter- By Mr. KILMER: By Mr. COHEN: mined by the Speaker, in each case for con- H.R. 1066. H.R. 1077. sideration of such provisions as fall within Congress has the power to enact this legis- Congress has the power to enact this legis- the jurisdiction of the committee concerned. lation pursuant to the following: lation pursuant to the following:

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Clause 1 of Section 8 of Article 1 of the By Mr. REED: By Mr. DEFAZIO: United States Constitution and Amendment H.R. 1090. H.J. Res. 75. XVI of the United States Constitution Congress has the power to enact this legis- Congress has the power to enact this legis- By Mrs. DAVIS of California: lation pursuant to the following: lation pursuant to the following: H.R. 1078. Article 1, Section 8 Article I, Section 8, Clause 18 (relating to Congress has the power to enact this legis- By Mr. RENACCI: the power to make all laws necessary and lation pursuant to the following: H.R. 1091. proper for carrying out the powers vested in This bill is enacted pursuant to the power Congress has the power to enact this legis- Congress) granted to Congress under Article 1, Section lation pursuant to the following: 8 of the United States Constitution. Article I, Section 8, Clause 1 of the Con- f By Mr. ELLISON: stitution: The Congress shall have Power to ADDITIONAL SPONSORS H.R. 1079. lay and collect Taxes, Duties, Imposts and Congress has the power to enact this legis- Excises, to pay the Debts and provide for the Under clause 7 of rule XII, sponsors lation pursuant to the following: common Defense and general Welfare of the were added to public bills and resolu- Article I, Section 8, Clause 1, Clause 3 and United States. tions, as follows: Clause 18. By Mr. RYAN of Ohio: H.R. 31: Mr. RICE of South Carolina. By Mr. ELLISON: H.R. 1092. H.R. 38: Mr. FERGUSON. H.R. 1080. Congress has the power to enact this legis- H.R. 44: Mr. LANCE and Mr. GENE GREEN of Congress has the power to enact this legis- lation pursuant to the following: Texas. lation pursuant to the following: To make all laws which shall be necessary H.R. 82: Mr. WITTMAN. Article I, Section 8, Clause 1, Clause 3 and and proper for carrying into execution the H.R. 113: Mr. CLAY, Mrs. BEATTY, and Mr. Clause 18. foregoing powers, and all other powers vest- ELLISON. By Mr. EMMER: ed by this Constitution in the government of H.R. 140: Mr. SESSIONS. H.R. 1081. the United States, or in any department or H.R. 179: Mr. THOMPSON of Pennsylvania. Congress has the power to enact this legis- officer thereof. H.R. 198: Mr. SMUCKER. lation pursuant to the following: By Mr. SIRES: H.R. 257: Mr. JODY B. HICE of Georgia. Article I, Section 8 Clause 18 H.R. 1093. H.R. 275: Mr. ROTHFUS and Mrs. DINGELL. By Mr. GUTHRIE: Congress has the power to enact this legis- H.R. 305: Mr. KILMER. H.R. 1082. lation pursuant to the following: H.R. 355: Mr. THORNBERRY. Congress has the power to enact this legis- Pursuant to clause 3(d)(1) of rule XIII of H.R. 367: Mr. SCALISE. lation pursuant to the following: the Rules of the House of Representatives, H.R. 371: Mr. NORCROSS. Article I Section 8 of the United States the Committee finds the authority for this H.R. 392: Ms. LOFGREN, Mr. KINZINGER, Ms. Constitution legislation in article I, section 8 of the Con- SPEIER, Mr. LUCAS, Mr. PRICE of North Caro- The Congress shall have Power To lay and stitution. lina, Mr. KIND, and Mr. DELANEY. collect Taxes, Duties, Imposts and Excises, By Ms. SLAUGHTER: to pay the Debts and provide for the common H.R. 1094. H.R. 400: Mr. BERGMAN and Mr. WILSON of Defense and general Welfare of the United Congress has the power to enact this legis- South Carolina. States; but all Duties, Imposts and Excises lation pursuant to the following: H.R. 415: Mr. AL GREEN of Texas, Ms. LEE, shall be uniform throughout the United Article I, Section IV of the Constitution and Ms. MOORE. States; By Mr. SMITH of New Jersey: H.R. 429: Mr. PETERS. By Mr. HUFFMAN: H.R. 1095. H.R. 476: Mr. AGUILAR, Mr. KILMER, Mr. H.R. 1083. Congress has the power to enact this legis- MOULTON, and Miss RICE of New York. Congress has the power to enact this legis- lation pursuant to the following: H.R. 525: Mr. AUSTIN SCOTT of Georgia. lation pursuant to the following: Article 1, Section 8, Clause 10 H.R. 530: Ms. MCCOLLUM and Mr. LEVIN. Article I, Section 8, Clause 18: To make all By Mr. STEWART: H.R. 544: Mr. KIND and Mr. FRELINGHUYSEN. Laws which shall be necessary and proper for H.R. 1096. H.R. 553: Mr. WESTERMAN, Mr. ZELDIN, Mr. carrying into Execution the foregoing Pow- Congress has the power to enact this legis- BRAT, Mr. HENSARLING, Mr. MEADOWS, Mr. ers, and all other Powers vested by this Con- lation pursuant to the following: COLE, Mr. POLIQUIN, Mr. GOSAR, and Mr. stitution in the Government of the United Article 1 Section 8 of the Constitution ROTHFUS. States, or in any Department or office there- gives Congress the authority to enact this H.R. 586: Mr. JONES and Mr. MEADOWS. of. legislation. H.R. 592: Mr. GOODLATTE, Mrs. HARTZLER, By Ms. KELLY of Illinois: By Mr. TAKANO: Mr. FITZPATRICK, Mr. WENSTRUP, Mr. COMER, H.R. 1084. H.R. 1097. Mr. WALKER, Miss RICE of New York, and Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- BRADY of Pennsylvania. lation pursuant to the following: lation pursuant to the following: H.R. 613: Mr. SMITH of Washington. Article 1, Section 8, Clause 3 Article 1, Section 8 of the Constitution of H.R. 625: Mr. MOULTON, Mr. KILMER, Miss By Ms. MICHELLE LUJAN GRISHAM the United States. RICE of New York, and Mr. LANGEVIN. of New Mexico: By Mr. TIBERI: H.R. 628: Mr. MACARTHUR and Mr. TAYLOR. H.R. 1085. H.R. 1098. H.R. 644: Mr. MARSHALL, Mr. TURNER, and Congress has the power to enact this legis- Congress has the power to enact this legis- Mr. LIPINSKI. lation pursuant to the following: lation pursuant to the following: H.R. 664: Mr. STIVERS. Article 1, Section 8, Clause 1 of the United Clause 1 of Section 8 of Article 1. H.R. 695: Mr. PAULSEN, Ms. SHEA-PORTER, States Constitution By Mr. WITTMAN: and Ms. ROS-LEHTINEN. By Ms. MICHELLE LUJAN GRISHAM H.R. 1099. H.R. 696: Mr. QUIGLEY and Mr. RUSH. of New Mexico: Congress has the power to enact this legis- H.R. 706: Mr. FORTENBERRY. H.R. 1086. lation pursuant to the following: H.R. 710: Mrs. WAGNER. Congress has the power to enact this legis- Article I, Section 8 of the Constitution of H.R. 732: Mr. GROTHMAN and Mr. YOUNG of lation pursuant to the following: the United States grants Congress the au- Iowa. Article 1, Section 8, Clause 18 of the U.S. thority to enact this bill. H.R. 741: Mr. O’HALLERAN. Constitution By Mr. ZELDIN: H.R. 747: Mr. HULTGREN, Mr. GARAMENDI, By Ms. MICHELLE LUJAN GRISHAM H.R. 1100. Mr. LANCE, Mr. CURBELO of Florida, Mr. TUR- of New Mexico: Congress has the power to enact this legis- NER, Mr. LEWIS of Minnesota, and Mr. HUD- H.R. 1087. lation pursuant to the following: SON. Congress has the power to enact this legis- Article 1, Section 8 of the United States H.R. 770: Mr. FOSTER. lation pursuant to the following: Constitution. H.R. 772: Mr. ROE of Tennessee. Article 1, Section 8, Clause 18 of the U.S. By Mr. POCAN: H.R. 793: Mrs. DAVIS of California, Mr. Constitution H.J. Res. 74. SCHNEIDER, and Mr. BEYER. By Mr. NADLER: Congress has the power to enact this legis- H.R. 794: Mrs. BEATTY, Ms. BONAMICI, Mr. H.R. 1088. lation pursuant to the following: CARBAJAL, Mr. CARTWRIGHT, Mr. CLYBURN, Congress has the power to enact this legis- Article I, Section 8, Clause 18 of the Con- Mr. CROWLEY, Mr. CUMMINGS, Mrs. DAVIS of lation pursuant to the following: stitution of the United States, which states: California, Mr. DESAULNIER, Mr. ESPAILLAT, Article 1, section 8, clauses 1, 17, and 18. The Congress shall have the power to make Mr. GALLEGO, Ms. HANABUSA, Ms. KAPTUR, By Mr. POLIS: all laws which shall be necessary and proper Mr. KILDEE, Ms. LEE, Mr. LEWIS of Georgia, H.R. 1089. for carrying into execution the foregoing Mrs. CAROLYN B. MALONEY of New York, Ms. Congress has the power to enact this legis- powers, and all other powers vested by this MCCOLLUM, Ms. MENG, Mr. O’HALLERAN, Mr. lation pursuant to the following: Constitution in the Government of the PASCRELL, Mr. SOTO, Mr. PAYNE, Ms. ROSEN, Clause 1 of Section 8 of Article I of the United States, or in any Department or Offi- Mr. GONZALEZ of Texas, Mrs. DEMINGS, Mr. United States Constitution [Page H156]. cer thereof.’’ KIHUEN, Mr. BROWN of Maryland, Mr.

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KRISHNAMOORTHI, Mr. JOHNSON of Georgia, BRADY of Pennsylvania, Mr. PASCRELL, Mr. H.R. 1038: Mr. PETERSON, Mr. LOEBSACK, Mr. FOSTER, Ms. DELBENE, and Ms. PINGREE. GRIJALVA, and Mr. HASTINGS. Mr. AMODEI, Mr. SARBANES, and Mr. Austin H.R. 804: Mr. SCHNEIDER, Ms. GABBARD, Mr. H.R. 966: Mr. VISCLOSKY. Scott of Georgia. PRICE of North Carolina, and Mr. VELA. H.R. 970: Mrs. CAROLYN B. MALONEY of New H.R. 1051: Mr. HUDSON. H.R. 806: Mr. VALADAO. York and Mrs. DINGELL. H.J. Res. 6: Mr. MASSIE and Mr. COMER. H.R. 816: Mr. SWALWELL of California. H.R. 981: Mr. KEATING. H.R. 817: Ms. PINGREE and Mr. YARMUTH. H.R. 985: Mr. GROTHMAN. H.J. Res. 9: Mr. GAETZ. H.R. 820: Mr. FLORES, Mr. DEFAZIO, Mr. H.R. 997: Mr. MCCLINTOCK, Mr. PALAZZO, H.J. Res. 27: Mr. BOST. LARSEN of Washington, Mr. GIBBS, and Mr. Mr. LOUDERMILK, and Mr. TURNER. H.J. Res. 66: Mr. MESSER, Mr. WILSON of LOEBSACK. H.R. 1002: Ms. JENKINS of Kansas and Mr. South Carolina, and Mr. MITCHELL. H.R. 823: Ms. SA´ NCHEZ and Mr. GRIJALVA. KELLY of Pennsylvania. H.J. Res. 67: Mr. MESSER, Mr. WILSON of H.R. 830: Mr. POE of Texas. H.R. 1005: Mr. JONES. South Carolina, and Mr. MITCHELL. H.R. 844: Mr. ABRAHAM and Mr. PALMER. H.R. 1006: Mr. POLIS, Ms. CASTOR of Flor- H.R. 849: Mr. WILSON of South Carolina. ida, Ms. BONAMICI, Mrs. LAWRENCE, and Ms. H. Res. 28: Ms. SINEMA, Mr. KENNEDY, and H.R. 851: Ms. KAPTUR. MCCOLLUM. Mr. O’HALLERAN. H.R. 873: Mr. KNIGHT, Mrs. WAGNER, Mr. H.R. 1017: Mr. YOUNG of Alaska and Mr. H. Res. 31: Ms. SINEMA and Mr. YODER, and Ms. MCSALLY. MEEHAN. O’HALLERAN. H.R. 909: Mr. WITTMAN. H.R. 1022: Mr. SWALWELL of California, Mr. H. Res. 104: Mr. HASTINGS and Ms. SA´ NCHEZ. H.R. 912: Mr. PASCRELL. MCGOVERN, Ms. DELAURO, Mr. Engel, Mr. H. Res. 111: Mr. FOSTER, Mr. DOGGETT, Ms. H.R. 918: Ms. SHEA-PORTER. RUSH, and Mr. DANNY K. DAVIS of Illinois. BONAMICI, Ms. JAYAPAL, Ms. SCHAKOWSKY, H.R. 941: Ms. STEFANIK. H.R. 1026: Mr. FORTENBERRY and Mr. Mr. LYNCH, Mrs. LOWEY, Ms. MCCOLLUM, Mr. H.R. 949: Mr. KING of New York, Mrs. COM- GROTHMAN. SMITH of Washington, Mr. DEFAZIO, Mrs. STOCK, Mr. MEEHAN, Mr. DENT, Mrs. WAGNER, H.R. 1031: Mr. YOUNG of Alaska, Mr. WILSON WATSON COLEMAN, and Mr. CA´ RDENAS. Mr. BYRNE, Mr. KELLY of Pennsylvania, Mr. of South Carolina, Mr. BUCK, and Mr. CUL- PERRY, Mr. KILMER, Mrs. NAPOLITANO, Ms. BERSON. H. Res. 118: Mr. GRIJALVA. SINEMA, Mr. SWALWELL of California, Mr. H.R. 1037: Mr. LOEBSACK. H. Res. 124: Ms. LOFGREN and Mr. FOSTER.

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Vol. 163 WASHINGTON, WEDNESDAY, FEBRUARY 15, 2017 No. 27 Senate The Senate met at 10 a.m. and was strong and enduring relationship—a re- I am pleased to report that just yes- called to order by the President pro lationship grounded in common values terday the President signed the first of tempore (Mr. HATCH). like democracy and individual freedom, several regulation-relief resolutions we f a relationship guided by a clear-eyed hope to send him. Later this week, he view of the threats that face us. will sign a second resolution—a resolu- PRAYER This relationship has grown closer tion identical to the one I sponsored in The Chaplain, Dr. Barry C. Black, of- and more valuable as terrorism has be- the Senate that can bring relief to fered the following prayer: come a constant threat to our home- thousands of mining families in Ken- Let us pray. land—something the Israelis have tucky and across the country by over- O God, who is the strength of our known, literally, for decades and as turning the problematic stream buffer lives, let us live to tell of Your won- Iran has sought to expand its sphere of regulation. drous work. How magnificent are Your influence in an effort to remake the Today, we will send him another one. acts, O Lord. How deep are all Your Middle East. I value our relationship In a few minutes we will vote to pro- thoughts. greatly. I know President Trump does tect the constitutional rights of Ameri- Bless our lawmakers. Empower them as well. cans with disabilities. The resolution to endure the challenges of these Now is the time to strengthen and af- will provide relief from an overly broad times. Give them a humility that will firm this important partnership as we and legally deficient regulation that make them willing to decrease, so that move on from 8 years of often needless threatens the Second Amendment Your Spirit may increase in their lives. tension, as we turn the page on an ad- rights of law-abiding Americans with Lord, renew their minds with truth and ministration that chose as one of its disabilities. sharpen their skills in each important last actions in office to abandon our Specifically, in the waning days of area of living. Bless the members of ally Israel, and in so doing to under- the Obama administration, the Social their staffs, who labor so faithfully for mine any semblance of a peace process Security Administration issued a rule freedom’s cause. by encouraging the Palestinians to that the ACLU and disability groups We pray in Your sovereign Name. forego direct negotiations. across the country oppose because it Amen. This afternoon I will reiterate to the unfairly treats many Americans with f Prime Minister my determination, disabilities. which I know many in Congress share, Under this rule, the Social Security PLEDGE OF ALLEGIANCE to work with our new administration Administration must report to the Na- The President pro tempore led the and underline America’s commitment tional Instant Criminal Background Pledge of Allegiance, as follows: to achieving peace with the Palestin- Check System anyone who receives I pledge allegiance to the Flag of the ians through a negotiated settlement benefits for certain disabilities and United States of America, and to the Repub- in a way that protects Israel’s vital na- whom the Social Security Administra- lic for which it stands, one nation under God, tional security interests. tion believes needs a representative indivisible, with liberty and justice for all. Our nations face many common payee to help manage these benefits. f threats. Strengthening this relation- As a result of being included on this ship makes each of us safer. I hope col- list, many disabled Social Security RECOGNITION OF THE MAJORITY leagues will join me in extending a beneficiaries are barred from lawfully LEADER warm welcome to Prime Minister purchasing a firearm, even though The PRESIDING OFFICER (Mr. COT- Netanyahu on his visit to the Capitol there has been no adjudication that the TON). The majority leader is recog- later today. beneficiary is ‘‘mentally defective,’’ nized. f which is the standard under both the f Gun Control Act of 1968 and the NICS SOCIAL SECURITY ADMINISTRA- Improvement Amendments Act of 2007 WELCOMING THE PRIME MINISTER TION RESOLUTION OF DIS- for being barred from buying a firearm. OF ISRAEL APPROVAL Numerous disability rights groups Mr. MCCONNELL. Mr. President, let Mr. MCCONNELL. Mr. President, the oppose the regulation as unfairly stig- me begin by welcoming a true friend to Senate has been acting to provide re- matizing the disabled. They agree with the United States, Israeli Prime Min- lief from harmful regulations by uti- us on the need to stop the regulation. ister Benjamin Netanyahu, who will be lizing the Congressional Review Act, The substantive problem with the regu- visiting the Capitol later today. Over which provides the legislative tools lation is compounded, the groups note, the years our nations have built a needed to repeal them. by ‘‘the absence of any meaningful due

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

S1165

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VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.000 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1166 CONGRESSIONAL RECORD — SENATE February 15, 2017 process protections prior to the Social CABINET NOMINATIONS CALLING FOR AN INDEPENDENT Security Administration’s transmittal INVESTIGATION Mr. MCCONNELL. Mr. President, our of names to the NCIS database.’’ Mr. SCHUMER. Mr. President, I rise The National Council on Disability, Democratic friends are getting a lot of pressure from the far left to resist just this morning to address the events of the nonpartisan independent Federal General Flynn’s resignation as Na- agency charged with advising the about everything these days—reality, for one. tional Security Advisor on Monday President and Congress on policies that night and the need for a full, inde- affect people with disabilities, opposes The responsible route for Democrats pendent, impartial, and transparent in- the regulation, too. The Council also would be to have some real talk with vestigation into the facts of the case. urges us to use the Congressional Re- the far left about how it is past time to It is now readily apparent that General view Act to repeal this eleventh hour come to grips with the outcome of the Flynn’s resignation is not the end of regulation ‘‘because of the . . . con- last election. Instead, our Democratic the story. It is merely the beginning of stitutional right at stake and the very friends have allowed themselves to be a much longer story. real stigma that this rule legitimizes.’’ pushed around by the fringes into a The circumstances of General Our colleague from Illinois, the as- strategy in search of a purpose—a Flynn’s contacts with the Russian Am- sistant Democratic leader, apparently strategy in search of a purpose. bassador during the transition, the re- disagrees with the ACLU, the National They really can’t prevent the Presi- cent reports of potential high-level Council on Disability, and disability dent’s Cabinet nominees from being contact between the Trump campaign rights groups across the country. He confirmed, and yet they have under- and Russian intelligence, including came to the floor yesterday to discuss taken the most unprecedented obstruc- General Flynn, should raise hairs on this issue. Like him, we are all deeply tion of Cabinet nominees in modern the necks of everyone in this body and saddened by the senseless loss of life history. They have postponed hearings every American of goodwill—Demo- due to gun violence. It is alarming in- repeatedly. They have boycotted com- crat, Republican, conservative, liberal, deed that we have seen it increase in mittee meetings altogether. They have Independent. This is not a partisan certain communities, like Chicago. But forced unnecessary procedural hurdles issue. This is an issue about our coun- the way to address this problem is not to delay as long as possible. It has re- try and how it is governed. It is also an to stigmatize the disabled or to deprive sulted in this President’s having the issue about our security. We are now law-abiding Americans of their Second fewest number of Cabinet Secretaries left with more questions than answers, Amendment rights without due process confirmed on a percentage basis at this and it is imperative to find the truth. of law. point of any incoming President since With every hour that goes by, more The Department of Justice states George Washington—and to what end? and more questions are raised. Every that ‘‘firearms violations should be ag- White House press briefing and early gressively used in prosecuting violent It hasn’t changed the results. What it morning tweet seemingly introduces crime.’’ The DOJ goes on to state that has done is forced the American people new inconsistencies and contradictions such violations are ‘‘generally simple to go on for an unprecedented length of that demand a full accounting. Every and quick to prove.’’ Under the Obama time without leadership in some of the report that suggests deeper ties be- administration, however, there was a government’s most important agencies. tween the Trump campaign and the 35-percent decrease in gun prosecutions We are determined to work through Russian Government needs to be fol- as compared to the Bush Administra- this pointless obstruction. We will take lowed up on and verified. tion, when measured over a 10-year pe- the next step in that process soon with We need to get all the facts. riod. In fact, gun prosecutions de- a vote to advance a nominee to bring So in the days and weeks ahead, the creased in almost every year of the fiscal and regulatory sanity to our Trump administration needs to answer Obama administration. I am hopeful economy after 8 years of stagnation. some serious questions. These ques- that the new leadership at the Justice Representative MULVANEY knows that tions must be asked by an independent Department will reverse this alarming making government more effective and and unbiased law enforcement author- trend. accountable is conducive to economic ity. They must be answered truthfully What is not helpful, of course, is the growth, and he knows that getting our by administration officials. Any at- assistant Democratic leader’s implica- fiscal house in order goes hand in hand tempt to lie or to mislead must be tion that the Senate is addressing this with compassion. As he put it: countered with the full force of law. regulation as some sort of payback to There needs to be an independent and Fixing the economy doesn’t mean just tak- the National Rifle Association. I would ing a green eyeshade approach to the budget. transparent investigation on two inform my friend that almost two Our government isn’t just about numbers. A fronts: one in the legislative branch, dozen groups oppose this last-minute strong, healthy economy allows us to protect where we have an obligation to conduct regulation, including nearly 20 dis- our most vulnerable. oversight, and one in the executive ability rights groups. branch, which has the responsibility of Does he think the opposition to this That is just the kind of attitude we finding and prosecuting potential regulation from groups like the Amer- need in the Office of Management and criminal liability. ican Civil Liberties Union, the Na- Budget. It is good to finally see new Today I wish to address the inves- tional Coalition for Mental Health Re- economic leadership in place atop tigation that must occur in the execu- covery, and the American Association Treasury and the Small Business Ad- tive branch. of People with Disabilities is based on ministration. Now we can chart a bet- The new Attorney General, Jeff Ses- some sort of payback? The reality is ter direction for this important budg- sions, cannot be the person to lead that that, like us, they believe this regula- etary agency, as well, and after we do, investigation. In fact, Justice Depart- tion is simply bad policy. It places an we will continue working through this ment regulations specifically prohibit unfair stigma on those with disabilities unprecedented obstruction to seat the individuals who have political ties to and violates their constitutional rest of the Cabinet. the subjects of an investigation from rights, which is why a wide array of I would urge our friends across the leading that investigation. It is a clear groups oppose it. aisle to work with us in doing so. With- conflict of interest. I want to read the I am glad the Senate will now join out cooperation, then, under the reg- regulations of the Department of Jus- the House in protecting the constitu- ular order we are going to end up work- tice. They are right here, and every tional rights of Americans with disabil- ing here well into the weekend. American should see them because ities by voting to undo the unfair stig- they are clear as can be. ma this regulation imposes on them. f No Department of Justice employee may I want to thank my colleague from participate in a criminal investigation or prosecution if he has a personal or political Iowa, Senator GRASSLEY, who has been RECOGNITION OF THE MINORITY relationship with any person or organization a leader in addressing this regulation. LEADER substantially involved in the conduct that is He introduced the Senate companion of the subject of the investigation or prosecu- the bill we will vote on today, with The PRESIDING OFFICER. The tion or who would be directly affected by the over 30 cosponsors. Democratic leader is recognized. outcome.

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.002 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1167 No employee shall participate in a If an investigation is not inde- The new regulation is inconsistent criminal investigation or prosecution pendent, nonpartisan, and, most of all, with these existing Federal gun laws. if he has a personal or political rela- transparent, there is no guarantee this The agency still has a duty to report tionship with any person or organiza- administration will take the decisive anyone who has actually been adju- tion substantially involved in the con- and immediate actions necessary to dicated as dangerously mentally ill to duct that is the subject of the inves- keep our country safe. the gun ban list. That is also true of tigation or the prosecution. I yield the floor. anyone convicted of a felony or a mis- The regulations continue. They de- f demeanor crime of domestic violence fine political relationship, again, clear or involuntarily committed to a men- RESERVATION OF LEADER TIME as a bell: tal institution. Political relationship means a close identi- The PRESIDING OFFICER. Under The Federal law requires this: fication with an elected official, candidate, the previous order, the leadership time If a Federal department or agency . . . has political party or campaign organization is reserved. any record of any person demonstrating that arising from service as a principal advisor or f the person falls within one of the categories official. Personal relationship means a close . . . shall . . . provide the pertinent informa- and substantial connection of the type nor- PROVIDING FOR CONGRESSIONAL tion contained in such record to the Attor- mally viewed as likely to induce partiality. DISAPPROVAL OF A RULE SUB- ney General. Jeff Sessions was chairman of the MITTED BY THE SOCIAL SECU- This law remains in effect. National Security Advisory Committee RITY ADMINISTRATION Repealing this regulation will merely alongside LTG Michael Flynn. He was The PRESIDING OFFICER. Under ensure that disabled citizens’ Second a senior adviser in the Trump cam- the previous order, the Senate will re- Amendment rights are, in fact, pro- paign, the first Senator to endorse the sume consideration of H.J. Res. 40, tected. President’s campaign, and nominated which the clerk will report. Those rights will no longer be able to him at the Republican Convention in The bill clerk read as follows: be revoked without a hearing and with- Cleveland. Those facts and the Depart- A joint resolution (H.J. Res. 40) providing out due process. It will take more than ment of Justice’s own rules disqualify for congressional disapproval under chapter 8 a personal opinion—just a personal Attorney General Sessions from run- of title 5, United States Code, of the rule opinion of a bureaucrat—to abridge submitted by the Social Security Adminis- ning this investigation. one’s Second Amendment rights. tration relating to Implementation of the An existing statute requires agencies The words are crystal clear; there is NICS Improvement Amendments Act of 2007. to report the individuals to the gun no wiggle room. If Attorney General The PRESIDING OFFICER. Under ban list who are ineligible to possess Sessions were to conduct or in any way the previous order, there will now be 10 firearms. That requirement remains in- be involved with this investigation, he minutes of debate, equally divided. tact even if this regulation is repealed. would be violating Justice Department The Senator from Iowa. So it is plainly wrong to claim, as guidelines. Mr. GRASSLEY. Mr. President, be- has been said, that if the regulation is As bad a start as the Trump adminis- fore we vote on the resolution of dis- disapproved, agencies will no longer tration is off to, it would make things approval, I want to reiterate several have to report prohibited persons. dramatically worse to ignore these very important facts. If the supporters of this regulation guidelines, which were set up for the This resolution of disapproval is bi- want to take away people’s gun rights, purpose of getting to the truth in a fair partisan. The resolution is also sup- then they need to acknowledge the and impartial way. ported by 23 groups, mostly disability government must carry the burden to Attorney General Sessions must rights groups. actually prove a person—prove a per- recuse himself immediately. Any inves- The disability groups believe that son—is dangerously mentally ill. And tigation headed by, directed by, or in- this agency—the Social Security Ad- the government must provide due proc- fluenced by the Attorney General will ministration—and its regulation will ess in that process. be jaundiced from the very start. unfairly stigmatize those with disabil- They need to go back to the drawing Because the rules are so clear, I ex- ities. Of course, they are right. board, in other words, because this rule pect the Attorney General will recuse The American Civil Liberties Union is inconsistent with the very important himself and allow an independent and has said this: Second Amendment rights to bear thorough investigation to go forward. We oppose this rule because it advances arms, own, and possess guns—buy and We have an additional reason to seek and reinforces the harmful stereotype that possess guns. Therefore, it must be re- an independent and transparent inves- people with mental disabilities, a vast and diverse group of citizens, are violent and pealed, and this resolution must be ap- tigation because of how the White proved. House has treated this matter over the should not own a gun. There is no data to support a connection between the need for a I yield the floor. past few weeks. representative payee to manage one’s Social Mrs. FEINSTEIN. Mr. President, I The White House knew for weeks Security disability benefits and a propensity rise today to urge my colleagues to de- that General Flynn misled the Vice toward gun violence. feat a Congressional Review Act reso- President and let General Flynn stay The ACLU goes on to say: lution that would weaken the FBI’s on the job. They knew for weeks that Here, the rule automatically conflates gun background check system and his discussion about sanctions with the one’s disability-related characteristic, that make it easier for individuals with se- Russian Government could potentially is, difficulty managing money, with the in- vere mental illness to buy guns. compromise our national security be- ability to safely possess a firearm. Gun violence is an epidemic in our cause he would be subject to black- The agency regulation is defective in communities—killing more than 30,000 mail, and they let him stay on. many ways. Namely, the regulation people each year; yet this resolution The President knew for weeks about does not require the agency to prove a would prevent the. Federal Govern- this and let General Flynn stay on in person is dangerous or mentally ill. ment from taking even the most basic his full capacity, present at and par- The regulation also provides no formal steps to improve enforcement of cur- ticipating in the highest level of na- hearing or due process before a person rent gun laws. tional security discussions, until those is reported to the gun ban list. It blocks a rule that requires the So- reports were made public. Supporters of the gun ban have said cial Security Administration to report If the reports of General Flynn’s in- that repeal of this regulation will to the FBI background check system correct statements to the Vice Presi- interfere with the enforcement of the individuals who have a severe mental dent were never made public by the gun prohibition laws. I want to say illness that prevents them from man- Washington Post, would the Presi- plainly and simply: This is hogwash. aging their own affairs. This deter- dent’s trust ever have eroded? Would We should not let baseless scare tactics mination is made during the applica- General Flynn ever have been fired? confuse this important issue. tion process for Social Security dis- Would he still be in his job today? We Important Federal gun laws are still ability benefits. will never know now. The answer is on the books, even if the agency rule is This policy could have prevented very troubling. repealed. We aren’t repealing any laws. tragedies like that of Janet Delana and

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.004 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1168 CONGRESSIONAL RECORD — SENATE February 15, 2017 her daughter Colby. Colby was diag- required the Social Security Adminis- is especially important that the regula- nosed with paranoid schizophrenia in tration to issue the rule we are debat- tions be drafted carefully. I am con- 201l. She received Social Security dis- ing today. The Social Security Admin- cerned that this rule targets individ- ability payments as a result of her istration engaged in a painstaking uals with mental illness without re- mental illness and lived with her par- process over the past year to develop quiring the Social Security Adminis- ents in Missouri. A year after her diag- this policy. It received more than 90,000 tration to determine that the individ- nosis, Colby used the money from her comments from advocates and mem- uals whose rights are being limited are disability check to buy a gun at a local bers of the public. The rule was care- dangerous either to themselves or oth- dealer. Her mom called the dealer and fully crafted to identify individuals ers. As a result, this rule inadvertently begged him not to make the sale. Janet like Colby, while protecting due proc- reinforces an unfortunate and inac- explained that her daughter was men- ess. curate stereotype that suggests that tally ill and suicidal and that she The majority of individuals with most individuals with mental illness would likely use the gun to harm her- mental illness do not commit acts of are violent. self or others. Nonetheless, Colby violence, and they would not be af- Rather than focus on whether the passed her background check and fected by this rule. The rule covers beneficiary presents a danger, the rule bought the gun. Just an hour later, only individuals with serious condi- instead turns on beneficiaries’ ability Colby shot her father to death and tions, including schizophrenia, who to manage their finances. Because of tried to kill herself. Janet’s now a need additional assistance to manage this, the rule includes a test that could widow, and Colby lives in an institu- their affairs. This determination is lead to absurd and unfair results. tion. Their story didn’t have to end made following an extensive review of Under the rule, two individuals could that way. We should all agree that se- medical evidence, which takes place present the exact same condition and verely mentally ill individuals like before the person is approved for Social symptoms, but if one of them required Colby should not have access to guns. Security disability benefits. assistance with their financial affairs, Federal law already says that individ- The rule further specifies that it that person would be reported to the uals with severe mental illness are would only apply to prospective claim- NICS background check system, while barred from purchasing or possessing ants—starting in December 2017. That the other would not. guns. Yet time and again, we have seen means it would not apply to individ- I hope that the Social Security Ad- prohibited purchasers like Colby pass uals who already receive disability ministration will consider these sug- background checks. That is because benefits. Repealing this rule through gestions as well as the comments from the background check system does not the Congressional Review Act would my good friend from Pennsylvania, have records of all mentally ill individ- not only overturn the policy that’s Senator TOOMEY, and others, and pro- uals barred from buying guns. While the background check system been developed. It would block the So- mulgate a new rule. Addressing these has denied gun transfers to 1.3 million cial Security Administration from ever concerns would result in a more effec- prohibited individuals—including fel- taking action to implement the NICS tive rule, consistent with Constitu- ons, drug addicts, and fugitives—it Improvement Act and report mentally tional requirements, which would isn’t perfect. There are individuals like ill individuals to the FBI. make Americans safer while protecting Colby whose information should be in Time and time again, my Republican the rights of those living with mental the system—but isn’t. We need to im- colleagues respond to horrific mass illness. prove the background check system shootings by saying that we don’t need Mr. VAN HOLLEN. Mr. President, and ensure information that is sup- any new gun laws. We just need to bet- guns kill 36,000 Americans every year. posed to be in the system is in fact in- ter enforce the gun laws we already That’s nearly 100 Americans every day. To help address this scourge of vio- cluded. have. That is exactly what this rule A recent report by the Police Foun- aims to do—improve enforcement of lent death, Congress enacted the Brady dation and Major Cities Chiefs Associa- current law and make sure people al- Handgun Violence Prevention Act in tion noted that this is critically impor- ready barred from buying guns can’t 1993. The Brady Act required the Attor- tant if we are going to reduce violent buy guns. ney General to establish the National crime in our country. The 2007 mass So, the question comes: What won’t Instant Criminal Background Check shooting at Virginia Tech—the second Republicans do to appease the gun System, or NICS, to determine whether deadliest mass shooting in our his- lobby? Federal law prohibits a potential buyer tory—could have been prevented if we We lose more than 30,000 people to from getting a gun. had a better background check system. gun violence each year in this country, Following the Virginia Tech mas- Seung-Hui Cho, an angry, mentally dis- many of whom are mentally ill and sacre in 2007, which left 33 dead, Presi- turbed individual, slaughtered 32 stu- commit suicide. It should shock the dent George W. Bush signed into law dents and teachers and wounded many conscience of the American people the the NICS Improvement Amendments others. After the massacre, we learned Senate is considering weakening our Act to improve the national back- that Cho in 2005 had been ordered to at- Federal background check system in ground check system. The Virginia tend psychiatric treatment and a judge response to this unabated epidemic of Tech shooter was able to buy a gun be- ruled that he presented ‘‘an imminent violence. cause the background check system did danger to himself as a result of mental I urge my colleagues to vote against not include information about his men- illness.’’ As a consequence of this repealing the Social Security Adminis- tal health. judge’s determination, Cho’s name tration’s rule. Thank you. The prohibition on buying a gun now should have been entered in the NICS Ms. COLLINS. Mr. President, I rise in applies to people who, as a result of database. But it wasn’t—that is be- support of H.J. Res. 40, a resolution of their mental condition, have been de- cause the FBI didn’t have the records. disapproval of the rule submitted by termined to pose a danger to them- In response to the shooting, Congress the Social Security Administration re- selves or others or lack the capacity to in 2007 unanimously approved the NICS lating to the implementation of the manage their own affairs. The Social Improvement Amendments Act to im- NICS Improvement Amendments Act of Security Administration proposed its prove record keeping in the back- 2007. The rule in question would require rule to meet the requirements to ground check system. Senators Ted the Social Security Administration to strengthen the background check sys- Kennedy, PAT LEAHY, CHUCK SCHUMER, send to the Attorney General the tem in the 2007 NICS Improvement and Tom Coburn worked together on names of certain beneficiaries for in- Amendments Act. the bill, and President Bush signed it clusion in the NICS background check The Social Security Administration’s into law. The bill was supported by database and would make it illegal for rule defined Social Security disability both the National Rifle Association these beneficiaries to own or possess a beneficiaries who are have a mental and the Brady Campaign to Prevent firearm. impairment and need another person Gun Violence. That never happens. In matters where the government is —known as a ‘‘representative payee’’— It is this bill—passed unanimously promulgating regulations limiting the to handle the receipt of their benefits and supported by the gun lobby—that Constitutional rights of Americans, it to fall within the category of those

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.007 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1169 who lack the capacity to manage their tal impairment is ineligible to buy a time, the question is, Shall the joint own affairs. Importantly, these deter- gun. resolution pass? minations would be subject to judicial Having listened to the debate yester- Mr. GRASSLEY. I ask for the yeas review. The rule is not a perfect fit, but day, I think everybody is going to be a and nays. it is an appropriate one. little confused about what happens The PRESIDING OFFICER. Is there a I have heard from some disability then because the reality is that anyone sufficient second? rights advocates that this rule may be who thinks they have been unfairly af- There appears to be a sufficient sec- unduly broad and might prohibit too fected can appeal, and the likelihood is ond. many people from owning a gun. I am substantial that they are going to win. The clerk will call the roll. sensitive to the concerns of people with If the appeal goes the other way and The senior assistant legislative clerk disabilities. It is wrong to stigmatize the individual believes the decision is called the roll. people with mental disabilities as the wrong, then that person can take the The result was announced—yeas 57, cause of gun violence. And people with matter to court. It is not true to say nays 43, as follows: disabilities, like all Americans, have this rule deprives any American of due [Rollcall Vote No. 66 Leg.] process. It is a rule aimed directly at important rights under the Second YEAS—57 Amendment. I would be open to the two areas in this debate—mental health and background checks—where Alexander Flake Murkowski changes to the rule that would make Barrasso Gardner Paul appeals from determinations easier to there is enormous support from the Blunt Graham Perdue make, and I would be open to other American people. Boozman Grassley Portman ways to better identify people who are The reality is you can talk to people Burr Hatch Risch in virtually any community—you can Capito Heitkamp Roberts a danger to themselves or others or Cassidy Heller Rounds lack the capacity to manage their own go to a townhall meeting in any part of Cochran Hoeven Rubio affairs. the United States—and you will hear Collins Inhofe Sasse enormous support for background Corker Isakson Scott A resolution to disapprove the rule Cornyn Johnson Shelby under the Congressional Review Act, checks. One recent poll found that 92 Cotton Kennedy Strange however, is not the right way to get to percent of gun owners supported ex- Crapo King Sullivan a better result. If Congress enacts the panded background checks. Ninety-two Cruz Lankford Tester percent of gun owners supported back- Daines Lee Thune resolution of disapproval, then the law Donnelly Manchin Tillis would prohibit the Social Security Ad- ground checks. So not only is the posi- Enzi McCain Toomey ministration from writing a better rule tion I am articulating not extreme, op- Ernst McConnell Wicker Fischer Moran Young in its place. posing background checks is the posi- Better still, Congress could enact tion that, in fact, has become increas- NAYS—43 sensible gun legislation. But instead of ingly out of the mainstream. Baldwin Gillibrand Peters working with Democrats to improve As the courts continue to interpret Bennet Harris Reed the law, Republicans have chosen to the language of the Second Amend- Blumenthal Hassan Sanders Booker Heinrich Schatz use the blunt instrument of the Con- ment, one matter has been clear: Back- ground checks are a constitutional Brown Hirono Schumer gressional Review Act to repeal the Cantwell Kaine part of the exercise of those rights. Shaheen rule. Using the Congressional Review Cardin Klobuchar Stabenow I have heard some saying that the Carper Leahy Udall Act is far from the most precise way to Casey Markey rule can be improved, that it ought to Van Hollen address this problem. Coons McCaskill be tailored. I am very open to having a Warner The powerful gun lobby has pre- Cortez Masto Menendez debate around those kinds of questions. Warren vented Republicans in Congress from Duckworth Merkley That is not going to be possible if this Durbin Murphy Whitehouse supporting common sense legislation Wyden resolution passes. This will preempt de- Feinstein Murray that most Americans favor. The over- Franken Nelson bate. The resolution doesn’t just scrap whelming majority of Americans be- the rule, it blocks any further step on The joint resolution (H.J. Res. 40) lieve in universal background checks this issue for years. In my view, that was passed. and that guns should be kept out of the would be the wrong way to go, even if f hands of people who have been deter- you have suggestions for improving the mined to pose a risk or are unable to ORDER FOR RECESS rule. manage their affairs. Repealing the So- So to wrap up the debate, I want col- Mr. MCCONNELL. Mr. President, I cial Security Administration’s rule leagues to know that this rule, this ask unanimous consent that the Sen- would go in the opposite direction. En- proposal that has been described on the ate recess from 12:30 p.m. until 2 p.m. acting this resolution of disapproval floor—this resolution—ought to be op- today; further, that the time during will only make it harder to keep Amer- posed because for those who want im- the recess count postcloture on the ican communities safe, and thus I op- proved mental health, for those who Mulvaney nomination. pose the resolution. want background checks, for those who The PRESIDING OFFICER (Mr. SUL- The PRESIDING OFFICER. The Sen- are just saying what we need to do in LIVAN). Without objection, it is so or- ator from Oregon. dered. Mr. WYDEN. Mr. President, when- this area as it relates to gun violence— f ever the discussion in the Senate turns it is not about Democrats and it is not to gun violence, we often hear Senators about Republicans; it is about common CLOTURE MOTION say: We shouldn’t be talking about sense. The commonsense position today for background checks, a focus Mr. MCCONNELL. I yield back all guns; we ought to be talking about the time on this side. mental health. That is exactly what we on mental health, and, most impor- tantly, common sense is to oppose the Mr. CORNYN. Mr. President, I yield are trying to make sure is the focus of back all time. this debate because this proposed rule resolution. I yield the floor. The PRESIDING OFFICER. Without is about mental health, and it is about The PRESIDING OFFICER. Is there objection, it is so ordered. background checks; it is not about tak- further debate? Pursuant to rule XXII, the Chair lays ing away anyone’s constitutional Mr. GRASSLEY. Mr. President, on before the Senate the pending cloture rights. this side I yield back our unused time. motion, which the clerk will state. Here is how the proposal works. If Mr. WYDEN. I yield back. The senior assistant legislative clerk there is an individual with a severe The PRESIDING OFFICER. All time read as follows: mental impairment—that means that is yielded back. CLOTURE MOTION another person, perhaps a family mem- The joint resolution was ordered to a We, the undersigned Senators, in accord- ber—is in charge of their Social Secu- third reading and was read the third ance with the provisions of rule XXII of the rity benefits, then the background time. Standing Rules of the Senate, do hereby check is to be informed by Social Secu- The PRESIDING OFFICER. The joint move to bring to a close debate on the nomi- rity that the person with a severe men- resolution having been read the third nation of Mick Mulvaney, of South Carolina,

VerDate Sep 11 2014 04:57 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.009 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1170 CONGRESSIONAL RECORD — SENATE February 15, 2017 to be Director of the Office of Management confirming Mr. MULVANEY to this key be achieved through various efficiency and Budget. post because our Nation has so many measures. OMB can play an important Mitch McConnell, John Cornyn, Mike pressing budgetary issues requiring the role in ensuring that spending pro- Rounds, Tim Scott, Johnny Isakson, attention of this new administration. grams do not duplicate each other James M. Inhofe, Roger F. Wicker, while protecting hard-working tax- John Thune, Michael B. Enzi, Lindsey First among them is the staggering $20 Graham, David Perdue, Orrin G. Hatch, trillion debt burden we are now faced payers. Additionally, reforming and Mike Crapo, James E. Risch, James with after 8 years of anemic economic consolidating these programs can en- Lankford, John Hoeven, Chuck Grass- policy and growth—and growing at the sure that they focus on real needs and ley. rate of half a trillion dollars a year. be managed with an eye on real results. The PRESIDING OFFICER. By unan- Confirming an OMB Director we can The Federal Government has grown imous consent, the mandatory quorum work with will put America on a more so large and so complex that no one call has been waived. responsible fiscal path. seems to know how many Federal pro- The question is, Is it the sense of the With their unprecedented attempts grams exist. Even the executive branch Senate that debate on the nomination to delay the new Cabinet, Senate can’t tell us how many programs it ad- ministers. I have directed a lot of ques- of MICK MULVANEY, of South Carolina, Democrats have ensured that the tions to the past administration, try- to be Director of the Office of Manage- President has now been without an ing to find out exactly that. Of course, ment and Budget shall be brought to a OMB Director longer than any other I would like to not only know how close? President in the past 40 years. That is many programs they administer, I The yeas and nays are mandatory how long the Budget Act has been in would like to know how many dollars under the rule. place. According to Senate records, from President Jimmy Carter to Presi- are involved, I would like to know how The clerk will call the roll. many people it employs and how many The bill clerk called the roll. dent Obama, the longest it has ever taken to approve a first budget direc- customers they serve. There ought to The yeas and nays resulted—yeas 52, be some kind of relationship there that nays 48, as follows: tor for a new President was 1 week—1 week. We are now in week 4, with little means we are making a difference, but [Rollcall Vote No. 67 Ex.] nobody is looking at it. or no movement. As Majority Leader YEAS—52 Several years ago, Congress even MCCONNELL said last week, this is the Alexander Flake Perdue passed a law requiring the administra- slowest time for a new Cabinet to be up Barrasso Gardner Portman tion to publish a list of all Federal pro- Blunt Graham Risch and running since President George Boozman Grassley grams on a central governmentwide Roberts Washington—and that was last week. It website, along with related budget and Burr Hatch Rounds is even slower than that, and we are Capito Heller performance information—some of Rubio still not done. Cassidy Hoeven Sasse what I was just talking about. Unfortu- Cochran Inhofe Scott It is vital that we fill this position as Collins Isakson nately, when the program lists were Shelby soon as possible because the Director of Corker Johnson put online, GAO reviewed the informa- Strange Cornyn Kennedy the Office of Management and Budget Sullivan tion and discovered that the inventory, Cotton Lankford will help set the President’s budget pri- in their words—listen to this care- Crapo Lee Thune orities and play an important role in Tillis fully—was ‘‘not a useful tool for deci- Cruz McCain working with Congress on setting the Daines McConnell Toomey sion making.’’ What were they afraid Enzi Moran Wicker appropriate spending levels for the Na- of? But even if the government can’t Ernst Murkowski Young tion. This position is crucial to helping answer that question, we can find Fischer Paul the Federal Government function in strong evidence that the number is on NAYS—48 what is shaping up to be a very chal- the rise, and Mr. MULVANEY will be Baldwin Gillibrand Murray lenging fiscal environment that re- able to play a crucial role in taming Bennet Harris Nelson quires all of our attention. the unchecked growth of the Federal Blumenthal Hassan Peters Some may wonder why Democrats Booker Heinrich Reed Government. are opposed to Mr. MULVANEY. It could Brown Heitkamp Sanders I also look forward to working with Cantwell Hirono Schatz be because he has been a vigilant budg- him on the urgent need to reform the Cardin Kaine Schumer et hawk during his 6 years in Congress, broken budget process, which has con- Carper King Shaheen focused on the question of how we ulti- Casey Klobuchar Stabenow tributed to the budgetary stalemate Coons Leahy Tester mately stop the Federal Government and recurrent continuing resolutions Cortez Masto Manchin Udall from overspending while continuing to to which Congress now routinely re- Donnelly Markey Van Hollen fund the country’s core priorities and sorts in order to postpone hard deci- Duckworth McCaskill Warner responsibilities. They could be worried Durbin Menendez Warren sions about spending and debt, which Feinstein Merkley Whitehouse that the White House Budget Director delays agencies from being able to Franken Murphy Wyden will be a prominent voice, arguing for plan. The PRESIDING OFFICER. On this fiscal restraint, for responsible budg- There is an urgent need for impor- vote, the yeas are 52, the nays are 48. ets, and for honest budgeting that tant reforms to the process, such as The motion is agreed to. avoids the use of gimmicks, such as implementing biennial budgeting so emergency funding designations for f they can plan 2 years at a time, and nonemergencies. the overhaul of outdated budget ac- EXECUTIVE SESSION I am hopeful Mr. MULVANEY and the counting concepts that have outlived OMB will ensure the taxes the hard- their usefulness. Ultimately, my goal working Americans send to Wash- is to have Congress work with this new EXECUTIVE CALENDAR ington are spent in the most efficient administration to produce comprehen- The PRESIDING OFFICER. The and effective way. The Federal Govern- sive and lasting budget reform that can clerk will report the nomination. ment has not been currently focused on put our Nation on a better fiscal path. The bill clerk read the nomination of making sure hard-working taxpayers The Budget Committee has been work- MICK MULVANEY, of South Carolina, to get the best deal for their money. A ing on that for a year in a very bipar- be Director of the Office of Manage- new OMB Director focused on respon- tisan way. It is time for us to put some ment and Budget. sible budgeting can help ensure that of those into place. The PRESIDING OFFICER. The Sen- when duplication in government pro- Despite its significance, the prepara- ator from Wyoming. grams and agencies is discovered, it is tion of the President’s annual budget Mr. ENZI. Mr. President, I rise today addressed. This will help make the Fed- submission is only one of the respon- as the Senate considers the nomination eral Government more accountable and sibilities of OMB. As an entity within of MICK MULVANEY of South Carolina effective. the Executive Office of the President, to be the Director of the White House The Government Accountability Of- OMB has numerous governmentwide Office of Management and Budget. fice, GAO, every year outlines tens of management responsibilities, in addi- That is OMB. We are long overdue in billions of dollars in savings that can tion to budgeting and spending, that

VerDate Sep 11 2014 04:57 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.009 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1171 concern various activities carried out regard to any kind of spending, but Government, the strongest government by Federal agencies. These include let’s see what he has said with regard in the world. So any kind of U.S. debt, agency rulemaking, agency con- to defense spending. backed by the full faith and credit, is tracting, agency grants management, Congressman MULVANEY has advo- the strongest investment in the world, agency financial management, infor- cated for raising the retirement age for but Congressman MULVANEY has taken mation technology, program assess- Social Security to 70. He has also said an alarming position on our Nation’s ment, personnel policy, property man- he wants to raise the Medicare eligi- debt, advocating for shutting down the agement. We don’t even have a list of bility age from 65 to 67, both of which government and defaulting on the what property we have, let alone when would require senior citizens to work debt—all a part of a political game to it is probably going to outlive its use- longer, even though they have worked gain leverage in budget battles. fulness and when it needs to be re- a long time and have paid into these Anybody who takes a position that placed. That would be capital budg- programs in good faith. you want our government to go into eting. I hope we can do that at some Take, for example, Medicare. People default on its financial obligations— point. have tried to provide for health insur- that is a pretty extreme position. So It is for these reasons and more that ance, if they have enough money, or this Senator would merely say we can’t I encourage the Senate to exercise its otherwise through the ACA, getting have somebody in charge of our budget constitutional duties to provide their subsidies to afford health insurance or, as the Director of the Office of Manage- advice and consent on this key Cabi- if they don’t have enough money, hav- ment and Budget who is willing to risk net-level position and confirm Rep- ing Medicaid, and they are waiting for a default on our government to meet a resentative MICK MULVANEY of South the day they turn 65 to be eligible for personal ideological agenda. Carolina to be Director of the Office of Medicare. Let’s look at something else. The Management and Budget. It is the same thing with Social Se- Presiding Officer is in one area of the I have talked to him extensively. I curity. Social Security over time has United States outside of the conti- have known him for a long time, and I been raised from 65 to 67, but Congress- nental United States, and yours truly is in another part of the United States. know he will do a spectacular job with man MULVANEY has talked about rais- One is near the Arctic, and the other is this at providing good advice to the ing the eligibility for Social Security near southern climes. Our State, and President so we can do whatever we to age 70. I don’t think this is going to specifically South Florida, is ground can do and bring as many people to- go over too well with a population of senior citizens who have paid into So- zero for sea level rise. gether in meeting the responsibilities I think most people are familiar with cial Security, who have paid in to fi- of this government. I hope the people the photographs on television showing nance Medicare and now are being told will join me in support of this out- seawater washing through the streets they are going to have to wait until standing nominee. during the seasonal high tides of Miami later. I yield the floor. Beach. Most people have heard that in Mr. President, I suggest the absence I know how you can dress it up. You some of the coastal cities they had to can say: Oh, it is not going to affect of a quorum. relocate well fields further west be- The PRESIDING OFFICER. The anybody who is currently eligible, but cause of sea level rise and the intrusion clerk will call the roll. what about all the young people who of salt water, which is heavier than The bill clerk proceeded to call the are paying in? Well, time flies, and sud- freshwater, into the interior. Florida roll. denly they find they are approaching sits on top of a honeycomb of lime- Mr. NELSON. Mr. President, I ask that age in their midsixties. I don’t stone that is filled with water. That is unanimous consent that the order for think people are going to take very what is happening in the southern part the quorum call be rescinded. well to Congressman MULVANEY’s posi- of the United States. The PRESIDING OFFICER. Without tion. A NASA scientist testified to the objection, it is so ordered. Let’s see what else he has said. He Commerce Committee that—these are Mr. NELSON. Mr. President, we are called Social Security a Ponzi scheme. measurements, not forecasts or projec- moving forward now on the consider- He further has said he supports turning tions but measurements over the last 4 ation of Congressman MICK MULVANEY, Medicare into a voucher system. That, years—the sea has risen in South Flor- the President’s nominee to head the Of- under any independent economist’s ex- ida 5 to 8 inches. Of course, we have fice of Management and Budget, which amination, would lead to big cuts for heard the projections. This is some- is an enormous responsibility and seniors, many of our senior citizens thing we are getting ready for. The which often directs the traffic of what who have no other options for health city of Miami Beach is spending mil- is going to happen in all of the agencies coverage. lions of dollars on very expensive and directs traffic as to what legisla- When the President was running for pumps. Other governments in South tion the White House is going to be office—remember, he said exactly the Florida are planning to do the same. It working on and working with the Con- opposite. Then-Candidate Trump said is not a forecast. It is happening. gress on. This is an enormous responsi- he promised there would be no cuts to Three-quarters of our State’s popu- bility and a very powerful position. Medicare and Social Security. Yet the lation in Florida lives on the coast. When looking for someone to lead White House has nominated somebody Look at the population in the United this agency, we have to carefully con- who has taken positions contrary to States. A lot of people live on the sider the person’s record. The Presiding that because it is clear from Congress- coast, and those populations are going Officer is someone who is practical, man MULVANEY’s past positions, that to bear the brunt of sea level rise from who is a military officer, and who un- we can’t rely on him to keep this prom- the flooded streets to tainted drinking derstands a lot about human nature, as ise that the President made. water. But during his confirmation I hope this Senator from Florida does, Again, I remind our listeners that hearing, the fellow being considered to and what I suspect that both of us have the head of the OMB is like a chief air be head of the OMB, Congressman found is that you can often tell where traffic controller. He is directing a lot MULVANEY, questioned the scientific a fellow is going by where he has been. of the traffic of what the White House fact of climate change. Let’s look at Congressman will bless, and it is a position—need I We can’t muzzle scientists. We can’t MULVANEY’s record on everything from remind you—that is also considered a muzzle science. It is not going to go things like Social Security and Medi- member of the President’s Cabinet. away. You can attempt to muzzle the care. Let’s look at what his record is Well, the positions Mulvaney has taken scientists as some Governors in the on climate change and sea level rise, are opposite to those stated by Can- South have done, and alarmingly, as I and, oh, by the way, of particular note didate Trump. have found in the last few weeks, some to the gentleman presiding in the Let’s look at something else. You agencies of government are having im- Chair, what is his record on defense know the Nation has debt. In fact, U.S. plied threats that they stop using the spending. Office of Management and bonds are the strongest investment in words ‘‘climate change.’’ You can’t Budget is going to have a great deal to the world because they are backed up muzzle this when the effects of sci- say about what is in the budget with by the full faith and credit of the U.S. entifically proven climate change are

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.012 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1172 CONGRESSIONAL RECORD — SENATE February 15, 2017 posing a real threat to a lot of our peo- forces over there fighting ISIS. Why putting the country first, putting prag- ple. don’t we ask them if they want defense matism ahead of ideology, and a com- I specifically made it a point to ques- cuts? As we see the continuous projec- mitment that is rock solid to main- tion the fellow whom we will vote on tion of the ability of Russia to move on taining the fiscal credibility and integ- next week—a really good person, Wil- to three Baltic States which are our rity of the country. I worry about Rep- bur Ross, who is going to be the Sec- NATO partners, why don’t we ask them resentative MULVANEY in each of these retary of Commerce. He came out of if they would like our defense budget areas. our Commerce Committee with an cut? Why don’t we ask our allies in the With respect to bipartisan com- overwhelming vote. I specifically said, Pacific region that are so concerned promise on budget matters, I was a and it is on the record: What do you about the testing of these increasingly budget conferee in 2013 after the gov- think about climate change science? longer range, intermediate range bal- ernment shutdown. The Senate and I said: Mr. Ross, Wilbur Ross, do you listic missiles by North Korea—why House each had a budget. There was a know you have three Nobel laureates don’t we ask them if they want us to refusal to sit down to do a budget con- as scientists who are employed in the cut back on the assets that we have in ference. That led to the absence of a Department of Commerce? Do you the region to be able to protect them budget and the shutdown of the govern- know that you have not only NOAA from the North Koreans if that child ment for 16 days—the greatest govern- and all the intricate measurements dictator suddenly goes off on some ment on Earth. that are so important for us to protect crazy tangent and pushes the button? As we came out of that, there was a ourselves, to read in-bound hurricanes, So I will just summarize and state recognition and an agreement that we tornadoes, the amount of rain that is that Congressman MULVANEY has re- would sit down and try to hammer out going to fall for our agriculture indus- peatedly demonstrated an unwilling- a budget compromise. People didn’t try, all the rest, but also we have sci- ness to face domestic and global reali- give us a lot of odds that we would do entists over there in the Department of ties, and for this Senator, that raises it, but because of the leadership of Commerce, I reminded him, who are serious concerns as to whether he can then-Budget chairs, now the current doing the delicate measurements of be trusted to responsibly oversee our Speaker of the House, PAUL RYAN, and science, of standards and technology Nation’s budget process. For these rea- PATTY MURRAY, the Budget chairs en- that are kneading science to sniff the sons and others, I will be voting no on abled us to reach a compromise that atmosphere for nuclear explosions by Congressman MULVANEY’s nomination. was for the good of the country by the potential enemies. We don’t want to I yield the floor. end of calendar year 2013. muzzle these scientists. We want them I suggest the absence of a quorum. At that point, the nominee was a to bring forth the best that they can The PRESIDING OFFICER. The Member of Congress and played a very come up with in modern-day tech- clerk will call the roll. active role in opposing the budget com- niques. The bill clerk proceeded to call the promise. He voted against the deal we I would ask the Presiding Officer to roll. needed to get following the shutdown look at the bill we have filed with a Mr. KAINE. Mr. President, I ask of the government, and his quote was: number of our fellow Members of the unanimous consent that the order for It seems, yet again, that Washington can- Commerce Committee, the Scientific the quorum call be rescinded. not wean itself from its spending addiction. Integrity Act, which would ensure that The PRESIDING OFFICER (Mr. Indeed, what we saw today is another exam- Federal scientists can freely commu- TILLIS). Without objection, it is so or- ple of how we got $17 trillion in debt: we can nicate their findings with the public dered. have lots of bipartisanship, as long as we spend more money. and with Congress. It requires Federal Mr. KAINE. Thank you, Mr. Presi- agencies to implement and enforce sci- dent. The unwillingness to embrace a bi- entific integrity policies and to ensure I rise to speak on the nomination of partisan compromise, even after the that adequate procedures are in place Representative MULVANEY to be Direc- Government of the United States shut to report when those integrity policies tor of the Office of Management and down, troubles me significantly. are violated. That ought to be common Budget, the matter currently pending I worry about his pragmatism on sense. That ought to be the normal before us. these matters. He has supported using course of business around here. Let I will vote against the nomination government shutdown and the threat people speak their minds, speak their because of Representative MULVANEY’s of government shutdown as a lever—as expertise. That is what we want. That opposition to bipartisan budget ac- a lever to defund Planned Parenthood, bill requires Federal agencies to imple- cords, targeting of Federal employees, as a lever on other matters that he ment and enforce those policies. and his willingness to use the full faith thinks are important, and that is fine, Let’s get to defense spending. The and credit of the United States as ne- but to use those as a lever—to use the nominee for Office of Management and gotiating leverage. shutdown of the Federal Government— Background. This is a really impor- that government that Abraham Lin- Budget—Congressman MULVANEY’s— record on military spending is con- tant position and I am on the Budget coln said was a government by, of, and cerning. In 2011, in an interview on Committee that oversees OMB and its for the people and it should not perish ABC’s ‘‘Top Line,’’ Congressman opportunities. The OMB Director is a from the face of the Earth—I view that primary adviser to the President on as we shouldn’t shut the Federal Gov- MULVANEY said: budgetary matters. The OMB Director ernment of the United States down— Defense has to be cut—it has to be on the is in charge of preparing the annual table, no question. There is a group of Re- but he has used debt ceiling and shut- publicans—myself included—who think that budget submission to Congress, and the down as a leverage to gain his way on we should be cutting defense. There’s a large management function of the OMB is a points of lesser importance than portion of folks in our own party who know very important one in terms of man- whether the government stays open. that you can cut defense and not impact the agement of the Federal workforce and He has continued to support the se- ability of our troops in the field to be defend- the work of the executives. quester, which I believe is bad policy ing us. We have seen OMB Directors in the for the United States: ‘‘We want to Why don’t we ask the people in past deeply involved in fiscal negotia- keep the sequester in place and then Ukraine who are fighting for their lives tions of national importance, most no- take the cuts we can get.’’ against the projected arm of Vladimir tably in the time I have been here on There is also a significant issue that Putin trying to take over their terri- deals to address the across-the-board matters to me in my State. I asked tory, just like he already did in taking sequester cuts and even the shutdown him about it during the hearing that over Crimea? Why don’t we ask our of government in October of 2013. So it demonstrates an ideology over prag- NATO allies? Why don’t we ask our is very important that in this position matism, which is, Does he accept the troops in the hot, sandy regions of Iraq the Director have a proven record of science behind climate change? Why and Syria right now? Yes, our U.S. public service. One side or the other is does that matter for an OMB Director? troops are in Syria—the Special Oper- fine, but there has to be a recognition Well, we are investing money in ations forces advising the combined of the value of bipartisan compromise, storm relief. We are investing money in

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.014 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1173 emergency relief. We are investing laws to allow the prioritization of debt. of his cowboy roots, his hat, or his money when we rewrite the flood insur- The United States does not repudiate boots. He was an iconic symbol of a ance program. its debts, and we should not flirt with cowboy and of the Wild West, so much In Hampton Roads, Virginia, in the something like a debt ceiling and sug- so that he was one of the finalists to be State where I live, 1.6 million people— gest that we are going to repudiate our the ‘‘Marlboro Man’’ in the mid-1970s. the biggest center of naval power in debts. He also appeared in minor roles in the country—deeply affected by sea In closing, I am troubled by the films and even in a Super Bowl com- level rise. If you are a Budget Director, nominee’s opposition of bipartisan mercial. some of what you do is make rec- budget efforts. I am troubled by an ide- But even off camera, he was a cowboy ommendations for how to spend money ological position that says we could po- through and through. He was down to on things like resilience to sea level tentially default on our debts or flirt earth, a straight shooter, and a prac- rise, but if you do not believe that hu- with shutting down the government to tical conservative who believed in free- mans are affecting climate change, achieve my way on this or that issue. dom and helping those in need. He was then your budgets are not going to For those reasons, I would oppose him. also a problem-solver who fixed what show that you think that is a priority. His public service in Congress is was wrong instead of just talking In questions before the committee, something I respect, and I respect the about it. Representative MULVANEY challenged fact that he has been returned to the He was one of the true conservation- the notion that humans are affecting body multiple times by his voters. ists in South Dakota, promoting wild- climate change. That should be worthy of respect as life and conservation on his operating Finally, I worry about his effect on well, but in terms of being the chief farm and ranch. He taught many the the Federal workforce. There are more budget official for the United States, I importance of the CRP, or the Con- than 170,000 Federal employees in Vir- do not think he has demonstrated the servation Reserve Program, and pre- ginia, a large part of my constituency. ability to do that and to keep Amer- serving our natural resources. During They do a great job. There is going to ica’s fiscal policy and reputation pheasant hunting season, he always be some challenging employees in any sound. opened his ranch to hunters, and loved entity, whether it is in the Senate or For those reasons, I will oppose him. making his secret recipe for chili for whether it is in a private entity. On I yield the floor. all to enjoy. But most of all, he under- balance, our Federal employees are I suggest the absence of a quorum. The PRESIDING OFFICER. The stood the importance of family. He was people who deserve our thanks for the clerk will call the roll. a great husband to Bev, a father, job they do. The senior assistant legislative clerk grandfather, and great-grandfather, The House took an action at the be- proceeded to call the roll. and he was a great friend to all who ginning of January—the Senate did not Mr. ROUNDS. Mr. President, I ask knew him. He had a tremendously posi- take this action, but the House took an unanimous consent that the order for tive impact on the many thousands of action that reinstated something the quorum call be rescinded. people whom he met and touched with called the Holman rule. The Holman The PRESIDING OFFICER. Without his kindness, selflessness, and gen- rule is a longstanding, but for a long objection, it is so ordered. erosity. South Dakota is truly a better while unused, doctrine that allows the Mr. ROUNDS. Mr. President, I ask State, and we are a better people be- House, in an appropriations bill, to tar- unanimous consent to speak as in cause of his hard work and dedication get an individual employee and reduce morning business for 5 minutes. to making things better. their salary to as low as $1 a year. The PRESIDING OFFICER. Without With this, I welcome the opportunity They couldn’t fire someone without objection, it is so ordered. to recognize and commemorate the life violating civil service rules, but the REMEMBERING CLINT ROBERTS of this public servant and my friend, House voted to be able to target indi- Mr. ROUNDS. Mr. President, I rise Clint Roberts. We will treasure his leg- vidual employees and reduce their sala- today to commemorate the life and acy for years to come. ries to $1 a year. This, together with a legacy of Clint Roberts, who passed I yield the floor. Federal hiring freeze and other actions, away in the early morning hours of I suggest the absence of a quorum. is causing a great deal of angst among February 13 at the age of 82. The PRESIDING OFFICER. The the Federal workforce. Congressman Clint is a former Member of the U.S. clerk will call the roll. MULVANEY supported the notion of House of Representatives, the South The senior assistant legislative clerk bringing back the Holman rule so indi- Dakota State Senate, and a former proceeded to call the roll. vidual employees could be targeted. I South Dakota secretary of agriculture. Mr. MORAN. Mr. President, I ask asked him about that when we visited He helped give birth to the Conserva- unanimous consent that the order for in the office, and he did not have an an- tion Reserve and the Conservation Re- the quorum call be rescinded. swer that I found convincing or cred- serve Enhancement Program, which The PRESIDING OFFICER. Without ible. have been extremely beneficial to objection, it is so ordered. Finally, the debt ceiling. We are farmers, ranchers, and landowners, not Mr. MORAN. Mr. President, I ask going to confront within a few months only in South Dakota but across the unanimous consent that I have the op- the debt ceiling of the United States— country. These programs helped in- portunity to speak as in morning busi- our willingness to honor the obliga- crease farm and ranch family incomes ness. tions of the debt that has previously at a time of great economic turmoil. The PRESIDING OFFICER. Without been incurred. The full faith and credit But more importantly, Clint was a objection, it is so ordered. of the United States shall not be ques- mentor and a hero to me and to many Mr. MORAN. Mr. President, I ask tioned is something that is very impor- others and, I am proud to say, a life- unanimous consent that I be able to ex- tant. I think it is in the 14th amend- long friend to me and Jean. I have al- press my entire remarks during this ment to the Constitution. Certainly, ways looked up to Clint and sought period of time. that has been our example that we him out for advice. The PRESIDING OFFICER. Without have set around the world; that we I first met Clint when I was an intern objection, it is so ordered. have strong credit and no one can ever in the South Dakota State Senate in REMEMBERING LADD SEABERG question whether the United States 1976. He was serving in a leadership po- Mr. MORAN. Mr. President, Ladd will stand behind its debts. sition. He taught me many valuable Seaberg, a Kansas resident whose home Congressman MULVANEY has often lessons over the years about politics, was in Atchison, KS, passed away on taken the position that the United policy, family, and public service, just Kansas’ 156th birthday. My State lost States could default on debt and then to name a few. He also is credited with an individual who epitomizes all that it prioritize which debts it would pay. introducing me to that exquisite com- means to be a Kansan. That happens in the commercial space bination of water and Scotch over 40 Throughout his life, Ladd was dedi- sometimes. Sometimes it is an inten- years ago at the Kings Inn in Pierre. cated to serving his family, his friends, tional tool and sometimes it is an acci- Clint grew up on a ranch near Presho, his colleagues, and his hometown of dental tool and we have bankruptcy SD, in Lyman County, and never let go Atchison.

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.016 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1174 CONGRESSIONAL RECORD — SENATE February 15, 2017 Atchison is along the Missouri River, recognition he and his wife received mately pass each of those 12 appropria- the Kansas River, and right on the bor- from Benedictine College, the Cross of tions bills and send them to the House der with the neighboring State. They the Order of St. Benedict, the institu- or vice versa. Those 12 appropriations have a long history in that community, tion’s highest honor. His faith also bills fill in the blanks. and he and his family have had a long played a significant role in his life, Unfortunately, what has happened opportunity, which they have taken having served as an elder and deacon of way too often is we have gotten in the advantage of, to benefit the citizens of the First Presbyterian Church of Atch- habit of passing something we call a that community. He fought a coura- ison. continuing resolution. Continuing reso- geous fight with a terrible, progressive One can hardly overstate what he lution means that we are going to fund neurodegenerative disease, and he was meant to northeast Kansas, as Ladd al- the Federal Government, its agencies laid to rest last week. ways sought opportunities to serve his and departments, at the same level of As a stalwart figure of Northeast fellow Kansans. He was a mentor to spending next year as we did this year. Kansas who worked at MGP Ingredi- many and gave of himself to all who That suggests that there is no ability ents for 40 years, he will long be re- were fortunate enough to pass his way. to prioritize how we should spend membered for his character and his I appreciate his contributions to our money. That is poor government. In leadership. Most everything good in State, and my prayers have been with fact, if you have had continuing resolu- Atchison involved Ladd and his family. his wife and family, father and grand- tions year after year, the priorities of Ladd was not born a Kansan. He was father. It is sad that Ladd was laid to spending that were in place 2, 3, 4 years born in West Texas and graduated from rest, but may he rest in peace. ago have become the priority of spend- Texas Tech University, where he met APPROPRIATIONS PROCESS ing next year. his wife Karen Cray during a national Mr. President, there is a lot going on In my view, it would be a terrible science fair put on by the U.S. Air in the Senate, and I am grateful for mistake for us to reach the conclusion Force. Naturally, they both won first that. I hope we can resolve our dif- that we can do no better than a con- place awards at the fair, and later ferences and begin to work on policy. tinuing resolution in the appropria- moved to Karen’s hometown of Atch- Personnel do matter. But what I want tions process this year that takes us to ison, where they made their life and to highlight, as we look at the agenda the end of the fiscal year. It is not just raised their family. for the Senate, when we look at an about priorities; we need to get spend- With a degree in chemical engineer- agenda for this Congress and the Fed- ing under control. In fact, the appro- ing and the mind of a true engineer, he eral Government, is the appropriations priations process has generally done had a passion for understanding the process. that. There is a reasonably flat line in way things work on a mechanical level. One of my goals as a Member of the the growth of government spending on His love of tinkering led him to a long- Senate—I didn’t expect this when I was the discretionary side, the things that time hobby as an avid amateur radio elected; I didn’t expect there to be a the Appropriations Committee deals operator. problem—what I want to see is the with, the things that we as Senators Upon moving to Atchison, he began Senate function. All 100 U.S. Senators, deal with on an annual basis. working at MGP as a distillery produc- whether they are Republican or Demo- In addition to determining priorities tion manager. During his first 11 years cratic, ought to take a great deal of re- and levels of spending, another reason there, Ladd rose to become the com- sponsibility for seeing that this place, this is important is that it is our op- pany’s president and later CEO and, the U.S. Senate, gives each Senator the portunity to influence decisions made then, chairman of the board. He had an opportunity to present his or her ideas, by various agencies, departments, and integral role in bringing the company to represent his or her constituents, bureaus of the Federal Government. public, when it became listed on and to make a difference on their be- In my view, the Constitution of the Nasdaq’s exchange. half. One of the ways we can do this is United States created the Congress— Ladd and his beloved wife Karen, who in the way that we appropriate money. the congressional branch, the legisla- now serves as MGP’s board chair- The appropriations process is impor- tive branch—for reasons of trying to woman, were blessed with two daugh- tant. At the moment, we are operating restrain Executive power. When we do ters and six grandchildren, who still under a continuing resolution that ex- a continuing resolution, we leave so live in Kansas today. pires in a few months. We have had lots much discretion, so much power in the Beyond his leadership at the com- of conversations about the first 200 executive branch. It doesn’t matter pany MGP, where his intelligence and days of this Congress, the first 100 or whether it is a Republican President or encouraging management style will 200 days of the administration. We have a Democratic President, Congress is long be remembered, Ladd contributed talked about the importance of con- here to protect the American people on numerous boards and to even more firming Executive nominations. We from an ever-encroaching desire on any organizations that improve the lives of have talked about the importance of administration to garner more power those who live in the community and dealing with the consequences of the and to make more influence in the Na- around the State. To name but just a Affordable Care Act. We have talked tion. Congress has the ability, if we few, he was a founding member of the about the need and the desire to repeal will use that ability, to restrain Execu- International Wheat Gluten Associa- regulations that are onerous and dam- tive action. We are going through a se- tion, separately represented the U.S. aging to our ability to create jobs. We ries of Congressional Review Act proce- grain community at the World Trade certainly have talked about the need to dures in which we are rejecting regula- Organization meetings, and was a do an overhaul in a comprehensive way tions made in the final days of the past board member of the Kansas Chamber of the U.S. Tax Code. administration. of Commerce and Industry. I want to raise to my colleagues’ at- A more effective long-term approach He was also one of the original found- tention and hopefully generate aware- to dealing with the expansive nature of ers of the Atchison Area Economic De- ness about one of the things that seem the bureaus, departments, and agencies velopment Council, a longtime member to be missing in that discussion about is to have an appropriations process in of the Historical Society, and a former what our agenda is or should be, which which the agency head, the Cabinet chairman of the Atchison Area Cham- is the necessity of doing appropriations Secretary, or the bureau chief knows ber of Commerce board. bills. that his or her relationship with Con- Ladd’s leadership was indispensable The way this place is supposed to gress may determine how much money on the Amelia Earhart Memorial work is that by law, by April 15, we are he or she has to spend within that Bridge committee to construct a new to have passed a budget, and then 12 agency. If we do a continuing resolu- bridge in 2012 across the Missouri River separate appropriations bills march tion, there is little reason for an agen- named for a fellow pilot and fellow their way through the Appropriations cy head, a Cabinet Secretary, or a bu- Kansan, Amelia Earhart, one of our Committee and come to the Senate reau chief to pay attention to Con- State’s proudest daughters. floor, where they are available for gress, and that is contrary to the con- He cared deeply about education in amendment, discussion, and debate by stitutional provisions giving us the re- his community, as evidenced by the every Member of the Senate. We ulti- sponsibility to appropriate money, and

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.017 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1175 it continues the practice of an adminis- input in how money is spent. We can is a good thing. And two, it helps our tration expanding their role in the defend and protect the taxpayer; we farmers, our ranchers, our small busi- lives of Americans and its businesses. can defend and protect the consumer; nesses, and other manufacturers access We need an appropriations process we can defend and protect the job cre- more customers around the world. different from just a continuing resolu- ator; we can defend and protect the em- Texas continues to lead the Nation as tion. We need to have the opportunity ployee—but not if we don’t do our the top exporting State, and it has for agency heads to know that the ap- work, not if we don’t do appropriations done so for about a decade now. It is propriations process is going to matter bills and we rely once again on this one reason our economy has done bet- to them. It causes them to have con- technique of shrugging our shoulders, ter than the national economy in re- versations and discussions with us, throwing our hands in the air, and say- cent years. And it is estimated that gives us the ability to tell an executive ing that the best we can do is tell an Texas trade supports more than 1 mil- branch official: This doesn’t work in agency that their spending authorities lion jobs currently. my State. This is very damaging. This will be the same next year as they were But it is important to understand rule or regulation you are proposing is last year. that our economic partnership with harmful. Can you go back and do it in We need to do our work. We need at- Mexico has been a key part of that suc- a different way? Do you understand tention. The appropriations process cess, and that is thanks, in part, to the what this means in this circumstance? should begin. And I ask my colleagues North American Free Trade Agree- Again, our leverage to have those to give serious thought to helping ac- ment, or NAFTA, the trade deal be- conversations is often whether or not complish that. tween the United States, Mexico, and we are going to appropriate money and I yield the floor. Canada. what that level of spending will be for Our southern neighbor is our largest f that agency. export market, with more than one- The other aspect of this is that in the RECESS third of all Texas goods—including ag absence of that dialogue and change of The PRESIDING OFFICER. Under products and manufactured goods, to heart by that agency head, we then the previous order, the Senate stands the tune of close to $92 billion a year— have the ability to say as a Congress in recess until 2 p.m. heading south of our border because of that no money can be spent to imple- Thereupon, the Senate, at 12:40 p.m., NAFTA and trade. Well, this may not ment this idea, this regulation, this recessed until 2 p.m. and reassembled be universally true around the country, rule. when called to order by the Presiding but suffice it to say that in Texas, While we focused attention—right- Officer (Mr. COTTON). NAFTA has been a big success for our fully so—on the Congressional Review economy. And because Texas has been Act and its ability to limit and in this f leading the Nation in terms of eco- case repeal and reject regulations, the EXECUTIVE CALENDAR—Continued nomic growth and job creation, I think long-term ability to rein in any admin- it is fair to say that it has helped the The PRESIDING OFFICER. The ma- istration that exceeds its authority Nation as a whole not recede into a re- jority whip. and operates in a way that develops cession with the anemic growth rates Mr. CORNYN. Mr. President, earlier regulations that lack common sense or that we have seen since 2008. an appreciation of how they might af- today the Senate moved forward with It is not just that my State benefits fect everyday Americans is through the the President’s nominee to head up the from the deal. The agriculture industry appropriations process, and a con- Office of Management and Budget, Con- across the country benefits greatly. tinuing resolution will once again take gressman MULVANEY. Congressman Mexico is one of the biggest buyers of away the constitutionally mandated, MULVANEY spent years representing the crops grown in the United States, like the constitutional responsibility we people of South Carolina and has been corn. In fact, Mexico is the third big- have in doing our jobs to protect the thoroughly engaged on budget issues gest export market for American agri- freedoms and liberties of the American during his time in the House of Rep- culture. people. resentatives. NAFTA is not just critical to my We have had a lot of conversations He has highlighted the fact that the State, but for those far away from the about what we are going to try to ac- Federal Government is on an southern border, as well, like Ohio and complish. One of the things that I want unsustainable fiscal path if nothing Michigan, which export a majority of to make sure is on the agenda is, when changes in Washington, DC, and that it their goods to NAFTA partners. I think the time comes, which is now, the con- is reckless to keep running up the Na- it is important to acknowledge the fact versation is—I hope the conversation is tion’s credit card with trillions in more that roughly 6 million jobs in the not ‘‘Well, we have run out of time. We debt and unfunded liabilities, not to United States depend on bilateral trade are just going to do another continuing mention the immorality of passing with Mexico. resolution and fund the Federal Gov- down to the next generation the obliga- But here is the truth: The world ernment for the next few months at the tion of actually paying that money looks a lot different today than it did same level as we did last year.’’ We back. 20 years ago when NAFTA was nego- need to exert our authorities to make So Congressman MULVANEY is actu- tiated, and there is ample opportunity sure the American people are out of ally, I think, a very good choice for to work with our partners to craft a harm’s way from what government can this critical role, and I look forward to better deal for the United States. We do. The Constitution was created to voting on his confirmation soon. can update it to be even more construc- protect Americans from an ever-expan- TRADE tive and an even bigger driver of the sive government, and it only works Mr. President, I want to weigh in U.S. economy. when Congress works. briefly on the issue of trade. During Trade is essential to our economy, The time is short. We hear that the the Presidential campaign and since and I believe the administration agrees administration is going to offer then, there has been a lot of talk about with me on that. In my conversations supplementals or amended requests for international trade. It has led to a with Mr. Ross, who will head up the additional spending, especially in the healthy debate about lopsided trade Department of Commerce, and others— defense arena. We need to get our ap- deals—whether bilateral trade deals or the trade negotiator and the like—they propriations work completed so that multinational trade deals actually are all tell me that this administration is they have an opportunity to supple- better—and how best to leverage trade pro-trade, although they are skeptical ment, to make suggestions to Congress to help American workers and con- of large multinational trade deals like about what that appropriations bill sumers. the Trans-Pacific Partnership. should finally look like. We are close In my State of Texas, there is no We have also recently heard the to failing in our responsibility to do question trade delivers in two ways. President himself talk about the im- that. Congress needs to do its work. One, it helps Texas families stretch portance of our relationships with All 100 Members of the U.S. Senate their paychecks by providing greater countries like Canada and Japan. Dur- can have their opportunity to have access to more affordable goods. That ing the visits of the Prime Ministers of

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In addition to this where we do appear to see roughly eye I believe that good trade deals help and other fiscal waste, the 16-day shut- to eye in terms of using the OCO for everyone, so I want to be clear that the down hurt the economy. Moody’s esti- those overseas contingencies they were United States is not retreating from mated that it ‘‘cut real GDP by $20 bil- designed to fund. the global economy, as if we even lion, shaving half a percentage point Where we disagree most vehemently could. With more than 95 percent of the off growth in the fourth quarter [of is on the matter of core programs that world’s consumers outside of our bor- 2013].’’ help Americans lift themselves up so ders, our citizens rely too much on free In 2015, Mr. MULVANEY was part of they can participate fully in our econ- trade and fair trade to turn inward and another Republican shutdown effort. omy and society. Although he has re- retreat. This time it was to shutter the Depart- cently changed his position, Mr. Texas certainly proves that trade ment of Homeland Security to protest MULVANEY, as a State legislator, voted deals can help everyone from manufac- President Obama’s immigration policy. for legislation that questioned the con- turers to farmers, to small businesses, Thankfully, House Republicans re- stitutionality of Medicaid and Social all of whom find more markets for the lented before the shutdown took effect. Security, and today he still questions goods they make or grow. That, in Otherwise, the closure would have the constitutionality of Federal in- turn, creates more jobs and provides caused about 30,000 furloughs and about volvement in education. This is more greater access to more goods for con- 200,000 other people, including Coast than a philosophical stand. His posi- sumers. And it is a good example for Guard personnel, TSA, ICE, Border Pa- tion will color how the administration the broader U.S. economy as well. trol and Customs officers, to report to invests in schools and students over Mr. President, I suggest the absence work, most of them without the prom- the next 4 years. I am especially dis- of a quorum. ise of a paycheck. turbed that Mr. MULVANEY is not even The PRESIDING OFFICER. The When Americans have suffered nat- willing to commit to protecting fund- clerk will call the roll. ural disasters, Mr. MULVANEY has ing for the Pell Grant Program and to The senior assistant legislative clerk shown himself among those who are reducing college debt, a burden faced proceeded to call the roll. the least sympathetic about providing by students and their families all Mr. REED. Mr. President, I ask unan- Federal assistance, insisting, for exam- across this country. imous consent that the order for the ple, that emergency aid for the victims I have also been disturbed by Mr. quorum call be rescinded. of Hurricane Sandy should be offset. He MULVANEY’s cavalier position about The PRESIDING OFFICER. Without has at least been consistent in this re- benefit cuts to Social Security and objection, it is so ordered. gard, since he voted against similar aid Medicare, by such measures as increas- Mr. REED. Mr. President, I rise in to his home State of South Carolina. Of ing the retirement age. Let’s be clear. strong opposition to the nomination of course, his opposition in that instance When you force a person to wait 2 or 3 Congressman MICK MULVANEY to be the was mainly symbolic because it was a more years to begin collecting the full Director of the Office of Management foregone conclusion that the bill would benefits they have earned, it is a cut. If and Budget. Based on his appearance pass. But this should give every Amer- poor health or lack of job prospects before the Senate Budget and Home- ican pause. Mr. MULVANEY’s record of forces a person to begin collecting ben- land Security Governmental Affairs supporting brinkmanship and his re- efits before reaching the normal retire- Committees, he appears to be a smart sponses to written questions show that ment age, he or she will see a signifi- and articulate individual, but after ex- his first instinct will be to use any one- cant reduction in monthly benefits. amining his record and his testimony, I time emergency as an opportunity to These cuts fall heaviest on the most believe he lacks the fundamental judg- force lasting budgetary cuts. vulnerable—low-income workers and ment to serve in this important role. I am also concerned about Mr. workers in the most physically de- Mr. MULVANEY’s tenure as a Member MULVANEY’s intentions with regard to manding jobs, those who simply cannot of Congress has been marked by sym- the elimination of the sequester-level continue to work for another few bolic stands and stunts that have been budget caps. In 2013, with sequester years. We can make changes to sustain most successful in generating bipar- cuts on the horizon, Mr. MULVANEY these programs without the deep cuts tisan opposition rather than support. ruled out revenue increases or scaling to benefits that Mr. MULVANEY would Until now, it has mattered little back the sequester. He said: ‘‘We want promote. whether his proposals have been moti- to keep the sequester in place and take In this one area, I would hope the vated by firmly held principles or other the cuts we can get.’’ President could prevail over his staff. motives. We have just been fortunate As the nominee to OMB director, Mr. Many times during the campaign, that few of Mr. MULVANEY’s ideas have MULVANEY now believes, like President President Trump promised to protect been made into law. However, with an Trump, that the sequester caps should Social Security and Medicare. In fact, appointment to a position of real au- be lifted for defense, but he has made last March he said: ‘‘It’s my absolute thority at OMB, Mr. MULVANEY will no allowance for nondefense discre- intention to leave Social Security the have great power to put his ideas into tionary programs and agencies, includ- way it is. Not increase the age and to practice. For that reason, it is worth ing the FBI and the Department of leave it as it is.’’ reflecting on the positions he has Homeland Security. Mr. MULVANEY has It remains to be seen how sincere the taken. thus far failed to grasp that there is President is on this issue. Last month, At times of national fiscal and eco- simply no way to secure support for se- he was effectively rebuffed by 49 Re- nomic turmoil, Congressman quester relief without addressing both publicans who voted successfully to MULVANEY could consistently be found the defense and nondefense sides of the kill Senator SANDERS’ amendment to among those stoking the flames of pan- ledger. Moreover, he has not recognized create a point of order that would pre- demonium in order to advance a par- that it is repugnant to many to suggest vent the Senate from breaking Presi- tisan or ideological point. Indeed, he that one side of the budget can be can- dent Trump’s promise that ‘‘there will was among those Republican Members nibalized to fund the other side. The be no cuts to Social Security, Medi- of Congress who cheered efforts to best way to fund sequester relief is care, and Medicaid.’’ force the country to default on our fi- through the proven combination of ad- Unfortunately, the President said nancial obligations in 2011, dismissing ditional revenue and reasonable cuts. nothing about this vote, which should the domestic and global alarm over Re- It has worked before, and we should lead all Americans to ask how com- publican brinkmanship as ‘‘fear look to that solution again. mitted he is to his promise. His choice mongering’’ and as promoting a ‘‘fab- We should also reject efforts to use of Mr. MULVANEY also leaves me con- ricated crisis.’’ Overseas Contingency Operations ac- cerned that he is not sincere about this

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.020 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1177 promise, since Mr. MULVANEY seems authority from which he could exercise who have seen their incomes stagnant clearly intent on making cuts to these real control. Unfortunately, the pro- over 5 years, 10 years, 20 years. Stag- vital programs. motion that President Trump has of- nating incomes and stagnating futures Mr. MULVANEY has also proven him- fered would give him great power— destroy the American dream. self unsympathetic to the challenges power that will ultimately, I believe, So the Federal Reserve, for example, facing working men and women in this be destructive in his hands. As a result, has reported in 2014 that average in- country. He has sponsored legislation I urge my colleagues to oppose this comes have remained flat or fallen for to bar the Federal Government from nomination. all but the most affluent 10 percent of requiring project labor agreements. He I yield the floor. American families. That is a stag- has voted to repeal Davis-Bacon pre- The PRESIDING OFFICER. The Sen- gering fact about our economic system vailing wage requirements, and he has ator from Connecticut. and its ability to deliver for Americans cosponsored legislation to undermine Mr. BLUMENTHAL. Mr. President, I generally. That is the context for this the ability of workers to collectively am honored to follow my distinguished nomination. I consistently hear from bargain. colleague from Rhode Island who has my constituents in Connecticut that Moreover, Mr. MULVANEY failed to been such a champion for working peo- income has failed to keep pace with pay more than $15,000 in unemploy- ple and economic progress in manufac- overall economic recovery. Even as ment and FICA taxes for a household turing and economic fairness so that Wall Street has risen, Americans see employee between 2000 and 2004, only our country as a whole can advance to- nothing but stagnant income, some- making good on that obligation during gether. times falling economic prospects. his nomination process. Even if this I am proud to be a Senator who Things have gotten better, but good could be characterized as an oversight, fights to preserve, protect, and jobs are still out of reach for far too it is worth noting that Mr. MULVANEY strengthen the safety net for all Amer- many. has previously proposed legislation to icans, as my colleague from Rhode Is- Retirement for increasing numbers of bar tax delinquents from serving in land does, and many of us here do. So baby boomers makes it all the more elected office in South Carolina and to I come to the floor to speak on Con- vital that we protect and strengthen authorize supervisors of Federal em- gressman MICK MULVANEY, with reluc- our safety net. The safety net is not ployees to take punitive action against tance and sadness, because he is out of the sole answer to larger challenges workers who have failed to pay taxes. the mainstream and, really, an adver- that must be solved by robust eco- One wonders how Mr. MULVANEY sary of programs that assure that safe- nomic growth. That has to be our pri- would feel about the fitness of a Demo- ty net and basic fairness that is at the ority—economic growth in Connecticut cratic nominee with a similar chal- core of our great democracy and our and around the country. But increased lenge. economic system. opportunity depends on growth for our- Finally, let me say a few words about I oppose his nomination to serve as selves and for our children—my wife Mr. MULVANEY’s laissez-faire approach Director of the Office of Management and my four children and our way of to regulation, particular the oversight and Budget, hardly the best known of life. of Wall Street. I believe strongly that agencies and not necessarily the most In fact, President Trump himself the lack of effective regulation, the glamorous or glitzy but among the seemed to recognize this economic lack of oversight, and the lack of ap- most important. His position is among fact, one of the few areas where we propriations for the financial regu- the most consequential because he agree, because he pledged during the latory agencies contributed heavily to serves as an economic adviser, as well campaign to keep our Nation’s safety the great recession, which is why I as an allocator of funding throughout net firmly, irrevocably intact—not to worked so hard to support the adoption the Federal Government and a leader make any cuts to Social Security or of the Dodd-Frank Wall Street Reform on important social programs. Medicare. He pledged and promised. and Consumer Protection Act, includ- He has proved strongly antithetical Now, who is his nominee to be head ing the creation of the Consumer Fi- to those programs that have made of the OMB, that crucial agency with nancial Protection Bureau (CFPB). America great: Medicare, Social Secu- responsibility for Social Security, Mr. MULVANEY, not surprisingly, rity, and other efforts, including the Medicare, and Medicaid? MICK takes a different view. As a member of Affordable Care Act, which are essen- MULVANEY has an affinity for draco- the Financial Services Committee in tial to our future. nian budget cuts and far-right posi- the House, he said: ‘‘I don’t like that He has broad responsibilities for our tions that are completely out of step the Consumer Financial Protection Bu- Nation’s budget. He also has important with this promise and pledge. reau exists.’’ The CFPB is a consumer- oversight responsibilities about Fed- The President must have reversed focused agency that has brought nearly eral rulemaking—those unglamorous, himself or revoked his promise, be- $12 billion in refunds and restitution to sometimes invisible regulations and cause Congressman MULVANEY has consumers for Wall Street’s abuses. rules that affect real lives and liveli- spent his entire political career cru- This includes more than $120 million hoods throughout this country. They sading against exactly these programs that have been returned to our mili- establish rules of the road in industry. that keep millions of Americans out of tary families through the efforts of the They establish access for people to poverty. Social Security is one of the Bureau’s Office of Servicemember Af- Federal programs. They provide an es- great achievements of our American fairs, which I worked with Senator sential means of achieving fairness in democracy. In fact, it is one of the Scott Brown of Massachusetts to estab- our democracy—that important proc- greatest achievements the world has lish. ess that agencies use to enact safe- known because it has allowed this Na- Because of the Dodd-Frank Wall guards, for example, that keep our air tion to promise its people that they Street Reform and Consumer Protec- and water clean and our workplaces can avoid crushing poverty if they sim- tion Act, working Americans have an safe. ply work hard and if they contribute to advocate in the consumer finance mar- Congressman MULVANEY’s positions this program that is a form of insur- ketplace that is laser-focused on pro- on these vital issues are out of step ance. tecting them. Mr. MULVANEY would with American values, out of the main- It is not a gift. It is not really an en- prefer to transform this agency into a stream of American popular opinion, titlement. It is an insurance program. paper tiger that is subject to partisan and out of the area of acceptability in It makes us a humane and decent na- political pressure and influence from terms of basic public interest. tion. We care for people who have the various industries it is attempting Our economic reality is characterized worked hard all of their lives and need to police. We should not allow him the by one simple stark economic fact: to be protected so they need not depend chance to do that from a perch at OMB. Burdens are falling hardest on the peo- on their children or their grand- The country has been fortunate that ple who can least afford them. I am not children. House Republican leadership, with talking about people at the lowest Congressman MULVANEY has called good reason, in my view, did not re- rungs of income or wealth but middle- Social Security a ‘‘Ponzi scheme.’’ Tell ward Mr. MULVANEY with a position of class Americans who work hard and that to the Social Security recipients

VerDate Sep 11 2014 04:57 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.022 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1178 CONGRESSIONAL RECORD — SENATE February 15, 2017 in Connecticut. Tell that to the work- betrays the President’s promise to him from this critical role within the ing people of Connecticut. He is out of leave Medicare intact. He has been Federal Government. step with working people and middle- vocal, absolutely frank about his sup- He also sought government shut- class people who know that Social Se- port for tearing down Medicare, going downs as well to block the implemen- curity does not contribute to the Fed- as far as to say: ‘‘We have to end Medi- tation of the Affordable Care Act, eral budget deficit, and it is not the care as we know it.’’ Do we really have which has helped so many people in Ponzi scheme that Congressman to end Medicare as we know it, tear it Connecticut receive the coverage and MULVANEY mischaracterizes it as down, destroy it? That is what MICK care they need. I could spend a lot of being. MULVANEY says. That betrays Presi- time talking about the benefits people It is fashionable on the far right to dent Trump’s promise to keep Medi- in Connecticut have received from the use that characterization, suggesting it care intact. Affordable Care Act. Its future is key will run out of money unless severe re- MICK MULVANEY has also supported to the financial future of this country, strictions are put in place. He has proposals to privatize this lifesaving but MICK MULVANEY has consistently championed those kinds of restric- healthcare program by turning it into advanced misconceptions and tions—means testing, for example, and a voucher system, which would effec- mistruths about the nature and func- raising the retirement age. Those pro- tively gut its promise of guaranteed tioning of this law. posals are a disservice to hard-working health benefits. A ‘‘voucherized’’ Medi- Again, we can agree to disagree on Americans who reach that retirement care would be devastating for our Na- policy, but misrepresenting the truth age having been promised that they tion’s seniors. Many of them are al- and relying on alternate facts is ex- would receive Social Security when ready on fixed incomes. This plan actly what the budget director should they did or work hard to make Social would allot them a fixed amount of not be doing. He is the one whom we Security work for them, without a funds—fixed funds to purchase all of rely on for real facts about our econ- means test, without anybody asking their health insurance, which would re- omy and our budget. them to fill out forms or disclose their sult in higher premiums and increased Even more worrying was Congress- incomes and establish standards or out-of-pocket costs. Connecticut sen- man MULVANEY’s archaic approach to tests that make them ineligible. addressing the debt ceiling. In the face iors deserve better than MICK It is true that there are changes to of all evidence, he flatly stated that he MULVANEY’s efforts to restrict Medi- these programs that may be necessary. did not believe this country would de- care in such a disruptive and destruc- In fact, I proposed a plan for enhancing fault on its debt as a result of the fail- tive way. Social Security, making it a stronger ure to raise the debt ceiling. Econom- Congressman MULVANEY’s actions insurance program by raising the cap and statements on Medicare point to a ics 101: The debt ceiling, if it is not ex- on the payment of taxes that are due future budget director who has no in- tended—that means a default. and other kinds of reforms that will Experts across the political spectrum tention of keeping the President’s more properly allocate the burdens but agree that a breach of the debt ceiling, promise to protect this crucial health not means-testing, not raising the re- and consequently our Nation’s full program. This country counts on its tirement age, which are radical and faith and credit, would be catastrophic. next budget director to prioritize facts draconian favorites of the far right. I am absolutely unable to vote for and responsibilities and the public in- Lifting the payroll tax cap so the someone who fails to recognize that wealthiest Americans contribute their terest above political games; to rely on basic economic truth and takes this fair share, as I have proposed, will keep real facts, not alternate facts. threat so lightly. Our budget, our deficit, our national this program solvent for decades into Finally, Congressman MULVANEY has debt are, in fact, fact-bound and fact- the future. demonstrated a near reflexive hostility The only reason to reject the com- based. The world relies on real facts to Federal agencies and the important monsense changes I have proposed is a when it looks at the American econ- work they do. As with so many of the political aversion to raising taxes on omy, and the people who work in that President’s nominees, unfortunately, anyone at any time, even the wealthi- economy, whether they are young or he seems to be hostile to the very mis- est individuals or the most powerful old, veterans or civilians, depend on sion and purpose of the agency he is and profitable companies, which is the real economic growth. Yet Congress- going to lead—whether it is the EPA or mantra of people who have climbed the man MULVANEY’s reckless approach to the Department of Labor or other ladder and want to raise it so that no fiscal issues has jeopardized this coun- agencies where nominees have taken one else has access to those top rungs. try’s stability, causing real danger for stands that, in effect, say: Let’s dis- It makes no sense to me that we would the sake of ideology. That approach in mantle and destroy this agency. Yet ask great sacrifices of our senior citi- the Congress has led to uncertainty they are the ones who are supposed to zens but do nothing about eliminating and unpredictability, which are the be leading and inspiring its efforts. the loopholes that privilege some of bane of small- and medium-size busi- I believe that government could be the most affluent people and the larg- nesses, which are, in turn, the major more efficient and responsive. Waste est and most profitable companies in job creators in our society and econ- ought to be eliminated. Fraud ought to the world. omy. be prosecuted. I am eager to work with We should not and must not use the Congressman MULVANEY’s extreme my colleagues on good-faith proposals Social Security trust fund as a means views already have negatively im- to achieve these goals. to pay down the debt or reduce the def- pacted the American economy. While Federal agencies remain vital to im- icit or gamble with the hard-earned in the House of Representatives, he led portant public purposes that people benefits 61 million Americans rely on efforts to leverage the threat of a gov- cannot achieve on their own. They can- during their retirement. Those 61 mil- ernment shutdown as a tactic to push not clean our air and water on their lion Americans, who come from all of for specific demands, which included own. They cannot ensure public safety the States and all over the Nation, are radical anti-choice policies, measures through policing on their own. They represented in this Chamber, and they antithetical to women’s healthcare and cannot make sure our national defense deserve better than MICK MULVANEY’s the right of privacy, including is strong on their own. A whole myriad far-right radical ideas that would re- defunding Planned Parenthood. of functions depend on a functional strict their Social Security. He fails to As one of the most senior economic Federal Government. Commonsense recognize this reality and would pre- advisers to the President and the head rules that prohibit excessive pollution vent Social Security from continuing of OMB, he would have immense re- or unsafe working conditions protect to flourish and provide the stability so sponsibility to influence this adminis- all of us. essential to this great Nation—already tration and the President. His outright As the head of OMB, which includes the greatest Nation in the history of disregard for the harm caused by a gov- offices that oversee Federal funding, he the world because of programs like So- ernment shutdown—a tactic that jolts has a responsibility to make sure that cial Security and Medicare. and jeopardizes our economy and dis- rules are enforced and that people are Speaking of Medicare, Congressman rupts the lives of millions of Ameri- protected. Yet he has opposed the ex- MULVANEY’s proposal for Medicare also cans—should itself alone disqualify istence of the Export-Import Bank, an

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.023 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1179 institution that is critically important with Judge Gorsuch last week, I asked confirm a judge like Neil Gorsuch, who to so many of our job creators, big and him about his thoughts on religious respects this central constitutional small businesses in Connecticut and freedom. I was struck by his ability to principle. As I have said before, and I around the country. plainly articulate his understanding of will say again, Judge Gorsuch deserves He opposed emergency funding for the law and the Constitution. He ex- fair consideration by those who serve the victims of Hurricane Sandy, de- plained his religious liberty opinions in this body, and he deserves an up-or- spite the devastation caused by this by telling me that he simply went down vote on the Senate floor. He terrible storm, which was unleashed in ‘‘where the law led him.’’ His expla- should be confirmed overwhelmingly, Connecticut and nearby States. nation was indicative of his funda- and I am confident he will be. He has questioned the need for gov- mental approach to interpreting the I yield the floor. ernment-funded research, despite the law. Judge Gorsuch doesn’t make the I suggest the absence of a quorum. myriad advances in science and medi- law; he follows the law. He reads the The PRESIDING OFFICER. The cine that have come from government Constitution as the Framers under- clerk will call the roll. The senior assistant legislative clerk laboratories and research institutions. stood it. He interprets laws the way His record shows that he would be proceeded to call the roll. they were written. Ms. WARREN. Mr. President, I ask the wrong person for this job, harming Lately, our colleagues on the other unanimous consent that the order for our safety net and our fiscal stability. side of the aisle have been vocal about the quorum call be rescinded. I oppose his nomination, and I urge my the importance of respecting our inde- The PRESIDING OFFICER. Without colleagues to do the same. pendent judiciary. I couldn’t agree objection, it is so ordered. I yield the remainder of my more. They have decried the perils of postcloture debate time to Senator NOMINATION OF ANDREW PUZDER discriminating on the basis of religious Ms. WARREN. Mr. President, on De- SCHUMER. belief. Well, they are in luck. The Su- cember 8, Donald Trump nominated The PRESIDING OFFICER. The Sen- preme Court nominee before us would ator has that right. Andrew Puzder to serve as Secretary of be a staunch defender of independent Labor. He was scheduled to come be- Mr. BLUMENTHAL. I yield the floor. courts and religious freedom. All they The PRESIDING OFFICER. The Sen- fore the HELP Committee tomorrow have to do is help us confirm him. for his confirmation hearing. There is ator from Delaware. I don’t blame them for wanting to do some reporting suggesting that he is Mr. COONS. Mr. President, I yield their homework on a Supreme Court my postcloture debate time to Senator having some second thoughts, and I nominee. They should, as should we all. sincerely hope that is true. The reasons SCHUMER. They will find that studying Judge The PRESIDING OFFICER. The Sen- Mr. Puzder is a terrible choice for this Gorsuch’s record will make for enjoy- job are literally too numerous to cover ator has that right. able reading. Mr. COONS. With that, I yield the fully, but I will at least give it a start. On the Tenth Circuit Court of Ap- If you work for a living, the Labor floor. peals, Judge Gorsuch has authored a Secretary is very important to you. The PRESIDING OFFICER. The Sen- number of judicial opinions respecting ator from Arizona. This person is responsible for pro- the fundamental principles of religious tecting the interests of 150 million NOMINATION OF NEIL GORSUCH liberty. His most notable was a concur- American workers. He will be the per- Mr. FLAKE. Mr. President, as I did ring opinion in the Hobby Lobby case. son responsible for enforcing the law last week and as I will continue to do In this landmark legal case inter- that ensures that employers actually until he is confirmed, I rise to support preting the Religious Freedom Res- pay workers for every hour they work the nomination of Judge Neil Gorsuch toration Act, Judge Gorsuch ruled that and setting the standards to prevent to serve on the Supreme Court. Judge the Federal Government cannot force workplace injuries and even deaths. Gorsuch is an accomplished, main- individuals to assist in conduct that Unfortunately, Mr. Puzder is not the stream jurist. I look forward to helping violates their deeply held religious kind of person the American people can make sure he receives an up-or-down convictions. I note that this law used trust to stand up for workers. Since vote here on the Senate floor. to be noncontroversial. The Religious 2000, Mr. Puzder has served as the CEO After meeting with Judge Gorsuch Freedom Restoration Act was intro- of the billion-dollar company CKE Res- and learning more about his judicial duced by Senators Ted Kennedy and taurant Holdings. You may know it philosophy, I continue to be impressed then Congressman CHUCK SCHUMER. It better as the parent company of Carl’s by his humble respect for the law and was passed almost unanimously in 1993 Jr. and Hardee’s. These two fast-food by his commitment to service. and signed into law by President Bill chains are known for paying very low Before the Judiciary Committee be- Clinton. wages to workers. Mr. Puzder has a gins our hearings, I want to highlight In his concurrence, Judge Gorsuch long record of cheating workers out of aspects of his jurisprudence that qual- wrote: ‘‘The [Religious Freedom Res- overtime. He has paid out millions of ify him to serve on our Nation’s high- toration Act] doesn’t just apply to pro- dollars to settle claims when he was est Court and make him an ideal can- tect popular religious beliefs: it does caught cheating. We are not talking didate to fill such a consequential posi- perhaps its most important work in about isolated incidents. They reflect tion. protecting unpopular religious beliefs, the kind of business Mr. Puzder built. Earlier this month I spoke about his vindicating this nation’s long-held as- Mr. Puzder is a frequent political pun- fitness to fill Justice Scalia’s seat, as piration to serve as a refuge of reli- dit and commentator who has vocally well as his respect for the separation of gious tolerance.’’ opposed higher minimum wages. He has powers. Today I would like to focus on Religious tolerance—that is what our also strongly opposed new overtime his approach to religious freedom. country stands for, and that is what protections that would give 4 million I have always supported religious Judge Gorsuch stands for. Judge workers an estimated $1.5 billion raise freedom as a universal principle. It Gorsuch’s position was later vindicated in a single year. doesn’t matter if we are defending our by the Supreme Court. The Court Mr. Puzder also delights in express- own First Amendment right to the free agreed that it is the government’s job ing personal disdain for his workers. He exercise of religion here at home or to protect an individual’s ability to bragged in his very first memo as CEO. standing up for the religious freedoms practice their religion, not to instruct He wrote that he wanted ‘‘no more peo- of people under repressive regimes them on how to practice their religion. ple behind the counter unless they abroad, our country has always valued In closing, let me reiterate that I be- have their teeth.’’ Ha, ha. He said he the right of individuals to practice lieve Judge Gorsuch is a mainstream would like to replace his workers with their faith as they please. jurist who will uphold the Constitution robots because ‘‘they are always polite, Just as religious freedom is part of to ensure justice for all, regardless of they always upsell, they never take a our national character, it also provides an individual’s religious beliefs or vacation, there’s never a slip-and-fall, insight into the character and judicial which administration is in power. As or an age, sex or discrimination case.’’ philosophy of a prospective justice. someone who embraces religious free- The Senate has an obligation to hear When I had the privilege of meeting dom, it is a privilege to support and from those who are best qualified to

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When the highly explicit and sexualized ads, and Congressman MULVANEY has voted to chairman refused to do so, we just went his snide comments about sex discrimi- increase the retirement age for Medi- ahead and convened our own forum to nation, there is ample evidence that care. Hey, you have paid into that pro- allow those workers a chance to speak. Mr. Puzder is a terrible choice to head gram with decades of hard work? Too Seventeen Senators attended. Those the agency charged with ensuring that bad, just keep waiting. 17 Senators heard from Laura McDon- women and men are treated fairly in He also wants to privatize Medicare, ald, who worked as a general manager the workplace. and he wants to slash and burn his way at Carl’s Jr. in Tucson, AZ, for 20 I understand that no matter who through Medicaid—a program that is a years. For years, she was forced to President Trump picks to run the lifeline for millions of people—for par- work extra hours without pay. Employ- Labor Department, I am probably ents of people in nursing homes, for ees like Laura are the subject of a going to have a lot of issues with that people with disabilities, for premature major lawsuit against Mr. Puzder’s person, but this is different. Andrew babies. company, CKE, regarding unpaid over- Puzder should not be the Labor Sec- In his confirmation hearing, Con- time. retary. And if you ask the Senators in gressman MULVANEY was asked wheth- Those 17 Senators heard from Lupe this body—Republicans and Demo- er he would set aside his rightwing ide- Guzman, who is a single mother who crats—if you ask them behind closed ology to fulfill the President’s cam- has devoted the last 7 years of her life doors with the cameras turned off, you paign promises to protect Medicare and to Carl’s Jr. in Las Vegas, NV. She has will have a hard time finding people Medicaid. The Congressman could not worked the graveyard shift for rock who think this divisive nomination is have been clearer in his response: For- bottom wages. Seven years of loyalty, good for the country. get all of that. Nope, not interested. and Lupe is still paid so little that she It has been suggested that Mr. Puzder MULVANEY is still a true believer in is on food stamps to feed her kids. Lupe is ‘‘tired of the abuse’’ that he has re- Medicare and Medicaid cuts, and when- sat in front of the U.S. Senate and ceived during this confirmation proc- ever he has the President’s ear, he will wept openly about her terrible treat- ess. Well, I think the workers at his continue to advance his own radical ment at the hands of Mr. Puzder’s com- companies are pretty tired of the abuse ideas for burning down these indispen- sable programs. pany. they have received while being at the President Trump also promised that The Senators also heard from Ro- mercy of an employer who doesn’t care he would not cut Social Security. He berto Ramirez, who has worked in the about them at all and who goes out of guaranteed it. Here is his quote—many fast food industry for over 20 years, his way to squeeze them out of every times: ‘‘We’re going to save your Social mostly at Carl’s Jr. in Los Angeles, last dime. That is literally the opposite Security without making any cuts,’’ he CA. He worked regularly off the clock of what we need in a Labor Secretary. said. at Carl’s Jr., meaning they didn’t pay I was prepared to question him on Here was his closer on that: ‘‘Mark him. Roberto even had a full paycheck these issues tomorrow, but I hope it is my words.’’ stolen by his manager. true that he will withdraw his nomina- OK. Nice words. But he could have For every Laura, Lupe, and Roberto, tion before then. picked someone—anyone—to run his we found dozens of workers who were Mr. President, I also rise today to ex- budget, and instead he picked Con- afraid to speak out about the terrible press many concerns over the appoint- gressman MULVANEY—one of Congress’s conditions at CKE. We compiled some ment of Congressman MULVANEY as Di- most partisan crusaders against the stories from folks brave enough to rector of the Office of Management and Social Security program. He wants to speak up into a 20-page report detailing Budget and to urge my colleagues to raise the retirement age to 70. Heck, firsthand accounts of the men and seriously consider these issues before this is a person who calls Social Secu- women who work for Mr. Puzder. Those voting to confirm him. rity a Ponzi scheme, and, boy, he is not stories are horrifying, and I will read One of the best ways to understand messing around, either. some of them later today. what a nation stands for is to look at During his confirmation hearings, Mr. Puzder’s company has a truly its budget. It is all right there. The Congressman MULVANEY doubled down atrocious record of treating his own budget tells who counts, it tells who on his promise to rob American work- workers terribly. Indeed, he has drip- gets a chance, and it tells who gets ers and retirees by gutting Social Secu- ping disdain for people who work for a cast aside. rity. When pressed by Republican Sen- living. This alone disqualifies him to The OMB Director prepares the ator LINDSEY GRAHAM about whether be Secretary of Labor. President’s budget. He safeguards the he would urge President Trump to re- But there is more. In recent weeks, it President’s promises by turning them consider his promise not to cut Social has come out that Mr. Puzder em- into real commitments backed by your Security, hey, MULVANEY said that he ployed an undocumented immigrant in tax dollars. absolutely would. his household for years, and he didn’t During the campaign, President Is this just a mistake? Did President pay taxes on that employee. Yep, you Trump promised over and over again Trump just pick Congressman heard that correctly. The Trump ad- that he would protect Medicare and MULVANEY by accident? The Congress- ministration, which bellows about Medicaid. He didn’t imply it; he didn’t man certainly doesn’t seem to think building a wall and pounds its chest drop hints about it. No, he made the so. about ripping millions of families apart clearest, plainest possible promise. He At his hearing he said: ‘‘I have to with a deportation force, threatens said: ‘‘I am not going to cut Medicare imagine that the President knew what millions of DREAM Act kids with de- or Medicaid.’’ he was getting when he asked me to fill portation, has no problem putting a But since the election, he has done a that role.’’ guy in charge of the Labor Department complete 180. He put up a transition Yes, MULVANEY himself believes he is who cheats on his taxes and employs team website that just dripped with being brought in to push for cuts in undocumented workers. The hypocrisy code words for cuts, saying that he Medicare and Medicaid. of that is pretty stunning, even for the would modernize and maximize flexi- Trump reverses his promise, a second Trump administration. bility for these programs. Gone were person determined to cut Medicare and And then there is the controversy the unambiguous promises to protect Medicaid makes it into a key govern- over alleged spousal abuse. Over 25 Medicare and Medicaid. ment role, and who will pay the price? years ago, Mr. Puzder’s first wife ap- Then he started nominating people America’s seniors, that is who. peared on an episode of Oprah Winfrey who have made it their life’s work to Apparently, Congressman MULVANEY in a show about spousal abuse. I have gut Medicare and Medicaid. His Sec- isn’t satisfied with cutting benefits for

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.027 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1181 Americans who have worked and paid He clearly wants to let private banks our country safe. He has worked to into the program for their entire lives. and Wall Street squeeze as much cash starve agencies of the resources they When it comes to abandoning Amer- out of hard-working students as hu- need to do their jobs, voting to cut ican workers and families, for him, manly possible to build their profits. In funding to law enforcement, voting to that is just the beginning. fact, Congressman MULVANEY wants to gut the Social Security Program, and He has also called the Consumer Fi- help these giant banks out even more voting to completely defund the orga- nancial Protection Bureau ‘‘a sick, sad by taking a sledgehammer to the Fed- nization that provides critical legal joke.’’ Maybe he should spend a little eral student loan program and making services to low-income American chil- more time talking to his constituents Federal loan terms lousy for students. dren, families, seniors, and veterans. and a little less time talking to bank That is why he repeatedly voted to But it is not enough for him to starve lobbyists. eliminate subsidized student loans for agencies to the breaking point. He has The CFPB has helped thousands of low-income students and why he helped also supported radical bills to stop people in every State—including dozens block legislation to allow borrowers to agencies from issuing regulations that of people in Congressman MULVANEY’s lower their monthly payments by refi- keep our air clean, our food safe, and own district—recover unauthorized fees nancing their student loans to lower our economy from suffering another on their credit cards and checking ac- interest rates. Not only has he voted to devastating financial crisis. Congress- counts. It has helped them to correct increase the interest rates the govern- man MULVANEY wants to require agen- errors on their credit reports. These ment charges students, he has also cies to adopt a bill that imposes the are students, seniors, servicemembers, voted to cut Pell grants to poor college least costs on big businesses, even and veterans, who may have spent students. If Congressman MULVANEY when those costs are about making months haggling with their bank or had his way, millions more hard-work- sure companies don’t cut corners by student loan servicer over a wrong ing students would be shoved even cheating, poisoning, and killing people. charge, only to get quick and complete deeper into debt at the start of their Look, if it is cheaper for a corporation relief after they went to the Consumer working lives just because they to kill you than it is for the corpora- Financial Protection Bureau. couldn’t afford the high cost of college. tion to redesign the product or clean In total—the agency has only been up Under his budget, students will just be up their mess, Congressman MULVANEY for about 51⁄2 years now—it has forced cast aside. stands with the corporation. I am sure the largest banks across this country, In his confirmation hearing, Con- he would be willing to say something many of those who have been out there gressman MULVANEY also said he is ‘‘in nice at your funeral about how your cheating consumers, to return nearly lockstep’’ with Donald Trump’s plans contribution helped give the corpora- $12 billion directly to the people they to grow military spending, but he said tion record profits. cheated. That is $12 billion that was he would pay for that increase in fund- If all that wasn’t bad enough, Con- stolen by big banks, by payday lenders, ing with deep cuts to domestic pro- gressman MULVANEY is ready to rock by debt collectors, and is now back in grams that working men and women and roll on secret money in politics. the pockets of the people who right- around the country depend on—pro- Washington is already awash in dark fully earned it. grams that could easily include Head money, but that is not enough for Con- The only sick, sad joke is that Con- Start, which provides opportunities for gressman MULVANEY. He has worked to gressman MULVANEY thinks we should low-income children; the disaster aid, open the doors even wider to secret turn the big banks loose to prey on which supports families in crisis after a spending in politics. Over and over, he American families once again. hurricane or tornado; or resiliency pro- has voted to shield the identity of po- Under Congressman MULVANEY’s grams to protect America as worldwide litical donors, keep them secret. For budget, Americans who have been climate changes. example, he opposed a rule that re- cheated and scammed by huge finan- Listen to that again. The children quired corporations applying for gov- cial institutions will just be cast aside. who attend Head Start can stay home ernment contracts to disclose their po- Families who work hard for every dol- so Donald Trump can divert more litical contributions. Again, just think lar, only to have some ruthless cor- money to military spending. The peo- about that one for a minute. He doesn’t poration steal their savings right out ple who get buried in a 100-year snow- want corporations that bid for govern- from underneath them, will be cast storm can stay buried so Donald ment contracts to be forced to tell aside. And the millions of Americans Trump can divert more money to mili- when they give money to help targeted who have worked for decades planning tary spending. The people who live government officials. We already have to collect Social Security or Medicare near coasts and rivers and streams can a problem with money in politics. when they retire will be told to just be washed away by rising oceans and MULVANEY just wants to make it wait four more years. They will be other waterways so Donald Trump can worse. thrown straight to the curb. None of divert money to military spending— Congressman MULVANEY’s record that—none of that—is what America and this nominee, Congressman shows one thing. He will make sure our stands for. MULVANEY, is in lockstep to make it Federal Government works well for That is just the stuff that directly happen. giant corporations and billionaires who contradicts the President’s campaign Under President Trump’s new one-in, don’t like to play by the rules, and he promises. The stuff that is totally in two-out Executive order, it is Mr. will cast aside the rest of the public to line with the President’s campaign MULVANEY who would have discretion do that. That is definitely not what our promises is genuinely scary too. to give each agency a regulatory budg- Nation stands for. On the campaign trail, Donald Trump et and to approve any proposed regula- I understand Democrats and Repub- stated that he ‘‘may cut the Depart- tions that increase that budget. The licans have different priorities when it ment of Education.’’ Will Congressman order is supposedly designed to make comes to the Federal budget. I get MULVANEY stand up for students? Un- life easier and to make government that, but when one person wants to likely. work better, but Congressman slash Social Security for American re- Congressman MULVANEY’s record MULVANEY isn’t interested in making tirees, to cut Medicare for senior citi- shows that he is fine building a Federal government work better, and he is cer- zens, to gut health benefits for low-in- budget that crushes students who are tainly not interested in making life come families, to drive up the cost of trying to get a college education. Stu- easier. In fact, he has spent his entire paying for college, and to gut programs dents already pay too much for student political career working to cripple the that help families in crisis and low-in- loans, and Congressman MULVANEY’s agencies that protect American fami- come children, all in the name of mak- solution is to force students to pay lies—American workers, American con- ing life even easier for giant corpora- more. He supports forcing more college sumers, and American small busi- tions and billionaires—well, I think it students to borrow more money from nesses. Nowhere is this clearer than in is clear that his priorities do not in- private banks that charge sky-high in- his attacks on the Federal agencies clude the safety and security of mil- terest rates without any of the basic that protect consumers, that preserve lions of Americans. That is a priority protections Federal student loans have. our environment, and that help keep that should be at the top of all of our

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.028 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1182 CONGRESSIONAL RECORD — SENATE February 15, 2017 lists in the Senate, Republican and tunate to live as we do. But with market- I also received a letter from an occu- Democratic. based retirement funds and with family pational therapist from Massachusetts. I will stand with the Americans members needing our support, we need So- She told me all about the important cial Security, which is NOT BROKEN, to re- whom Congressman MULVANEY will work she has been doing and how Med- main, and be strengthened. And we need ac- cast aside as Budget Director, and I cess to health care, for ourselves, children, icaid has been crucial to that work. will vote no on his nomination. and grandchildren. Here is what she had to say: MICK MULVANEY wants to slash bene- This is a plea from the fading middle class As a constituent and occupational therapy fits under Medicare, Medicaid, Social to oppose the Price and Mulvaney nomina- practitioner, I am writing to you to express Security, and countless other pro- tions. We—and people far less fortunate than my concerns about a major restructuring of grams. These are just numbers to him, we are—need your stout support. the Medicaid program. but behind those numbers are real peo- Thank you, Janet. Thank you and Medicaid is an essential safety net pro- your husband for all you do for your gram for the most vulnerable in our society. ple. Real lives are at risk with every In 2015, 39% of children received health in- decision he will make as the Budget Di- community. I promise I will do my best surance either through the Childrens Health rector. So what I want to do is take the to protect your benefits. Insurance Program or through Medicaid. time I have remaining and share the I have received hundreds of these More than 60 percent of nursing home resi- stories of just a few of the people who types of letters—letters from constitu- dents are supported primarily through Med- would be affected. ents who are scared that cuts to Med- icaid. Additionally, Medicaid provides health Lea from Plymouth wrote to me, icaid and Medicare could endanger care services and long-term services and sup- ports to more than 10 million people living worried that Congressman MULVANEY their basic ability to survive, letters would cut Social Security for her and from constituents who have seen how with disabilities, and 1 in 5 Medicaid recipi- ents receive behavioral health services. for others in Massachusetts. Lea had important these services are to thou- Restructuring of the Medicaid program an interesting suggestion. Here is what sands across the State and millions through per capita caps or block granting she wrote: across the country, constituents who and significant cuts to the Medicaid program I have just sent off an email message to aren’t sure where to turn and whom to would jeopardize the long-term health and Representative Mulvaney regarding his blame. They just know they cannot af- independence of current Medicaid bene- spearheading of the cutting of Social Secu- ford to lose these benefits, like a ficiaries. Thus I urge extreme care and cau- rity benefits. woman from Somerville, who wrote to tion when considering a major restructuring I challenged him and many of his col- me about the work she does as an in- of the program or other significant changes, waiver of mandatory services, or dramatic leagues to do this: Live on an income like tensive care coordinator. Here is what mine—of $1,219.80—for one month. cuts. she had to say: Having received my first increase of $2.50 Thank you for all the work you do, in several years, it was offset by a Medicare I am an Intensive Care Coordinator and thank you for writing and making through Riverside Community Care, a state- cost increase of $11.50. Do the math. this important point about who uses I hope you and the other Democratic mem- wide human service agency that delivers cru- bers of both houses fight like hell to raise cial mental health services to at-risk youth. Medicaid and how critical it is to the our benefits. In my program, the Guidance Center Com- basic support services that we provide. We are definitely in for a bumpy ride for munity Service Agency, we specifically pro- Another constituent wrote to me the next 4 years. As the saying goes . . . ‘‘it vide Child Behavioral Health Initiatives about the amazing work that she does ain’t going to be pretty!’’ (CBHI) services to youth in Cambridge, Som- in the Boston area for those with se- Thank you for listening. erville, Medford, Malden, Waltham, Woburn, vere mental illness and how Medicaid Wilmington, and other northern towns. and Medicare help these people. Here is Thank you, Lea. Thank you for writ- I am extremely nervous that the new presi- ing. dential administration will attack Medicaid what she had to say: I also heard from Janneke from and put our programs in jeopardy. I work with people with severe Mental Ill- Williamstown, who is worried about If you’re not familiar with the CBHI wrap- ness in the greater Boston area. A majority several nominees working to cut Social around model, I can briefly explain why of my patients receive their therapy and Security. Here is what Janneke had to these services are so important. One: we medication through Medicaid and Medicare. say: serve youth in poverty. Two: our services are Even the thought of losing coverage height- community based, so we go to the homes of ens their anxiety. If coverage is reduced or It is terrifying to consider either of these the families we’re serving, so they don’t need co-pays raised, they stand to lose not only nominees, Price or Mulvaney, being con- to rely on transportation. Three: we are a therapy and group interventions but also the firmed for the position to which they have form of outpatient care that prevents youth medication which is essential to avoiding been nominated. They will work to undo, not who are suicidal/homicidal from needing hos- higher levels of care. Given the high rate of to strengthen, social security. This is a pro- pitalization. Or, if they are hospitalized, co-occurring physical and mental health foundly disturbing possibility. helping the family develop a plan for when issues, the general health of my patients will I urge you to do everything you can to op- they’re discharged. Four: Although the child be severely compromised with any reduction pose their confirmation! with mental health diagnosis is our identi- in access to care. Thank you, Janneke. I will. I will fied client, the services benefit the whole Nearly 1 out of 3 people covered by Med- keep fighting for your hard-earned ben- family. We understand that taking care of icaid expansion live with a mental health or efits. children with special needs is taxing, so we substance use condition and people with Janet from Florence also reached out identify resources and services for parents as marketplace insurance plans have fair and equal mental health coverage. With this cov- to me. She shared the inspiring stories well. Five: we work with state departments like Department of Children and Families, erage, people have access to mental health of her and her husband, and then she Department of Health, and Department of services that support recovery. told me how worried she is that cuts to Developmental Disabilities. Six: our model As a constituent, I would like you to keep Social Security and Medicare could be works. I myself rarely close a case without in mind that Medicaid or insurance market- coming under Congressman having had at least one goal (identified by place plans are helping all of those who MULVANEY’s watch. Here is what she the family) met and there are growing statis- struggle with mental illness who, with acces- wrote: tics about the benefit of having us in place. sible supports, can lead healthier lives. I hope you can bring this argument where I am 60 years old and have always been em- Again, thank you for the work you it needs to go to ensure that we have a fu- ployed—in higher education jobs where I do, and thank you for writing. It is a ture here in Massachusetts. worked hard and long for modest wages, fre- powerfully important point. quently the case in women-dominated pro- I want to say on this one: Thank you. Congressman MULVANEY wants to fessions. Thank you for writing, and thank you slash these programs. That is why I My husband is a childcare worker who for the work you do. will be voting against his nomination. works with infants and toddlers. The work I am doing my best to bring this I also received more personal stories we do is meaningful and makes a societal story. This is a story everybody in the contribution. from people like Michael from Acton, Senate should listen to. It is a story who told me about his son. Here is At 60 and 64, we have always lived like about how we reach out to those who graduate students. We shop at the Goodwill, what he wrote: cook from scratch, bring our lunch, and most need us and provide the kind of My particular concern is the attack on the drive old cars—and bike and walk. We will care they need. ACA and Medicaid and Medicare. each be working until age 70, or longer, if Thank you. Thank you for your My biggest worry is my 27 year old son, our health permits. This is fine. We are for- work, and thank you for writing. Adam, who was born with microcephaly. He

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.030 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1183 is a very loving person with a great smile, Last night scared me for the first time. My where that go from one to the next: but functions roughly at the level of a 12 mother is 69 and depends on Social Security This would be the worst person who month old. He currently lives in a group resi- for her income and has severe COPD and re- could ever possibly hold this job. dence and goes to a day habilitation program lies on medicare and medicaid for prescrip- In the case of Congressman during the week. Both of these programs are tions and medical supplies to help her MULVANEY, it appears to be because he funded in part by Medicaid. If Medicaid funds breath[e]. She was crying and is afraid of los- are cut, I worry that the day-hab program ing everything and that she will die. I know wants to try to do things that allow will not be able to continue or, at the least, it’s extreme thinking, but without her medi- our entitlement programs to survive; will operate at a much reduced level. This cine and income it is unfortunately the he wants to do things that allow the would seriously degrade the quality of truth. I didn’t know what to say to comfort deficit at some point to be eliminated. Adam’s life. I worry what will happen at his her and that scared me! What can I say to And no matter what point that is, that already understaffed residence. ease her mind and let her know that she will point would be too early for some of As it is, the staff at Adam’s residence and be OK. Will she be OK? day-habilitation programs are paid very lit- our friends on the other side. tle wages to do very tough jobs. Because of Thank you, Kensington, for your Interestingly, as we talk about the this, there is already a constant problem of note. Your mother is right to be wor- Affordable Care Act, which has turned finding enough people to staff these. . . . jobs ried, and that is why I am fighting this out to be very unaffordable for almost if they are paid less or have to do even more nomination. any family on the individual market work because of lower staffing levels[.] I have so many more stories—many, and many families who had insurance The prospect of what is coming scares me. many stories—that I could read, but I that worked for them before—the Af- What will my son’s life be like? am running out of time here. fordable Care Act cut Medicare in the Thank you for writing, Michael. I ap- I want to say that MICK MULVANEY is plan by $500 billion over 10 years. We preciate it. I will be out there fighting dangerous to the American people, and hear speaker after speaker on the other for Adam. I hope we can get a lot of he is dangerous to the Federal Govern- side say: We would never do anything people in the Senate to do that as well. ment. He will slash programs right and to cut Medicare. I argued vigorously Thank you. left without worrying about the living, against those cuts when they occurred. We also heard from Daniel breathing people whom he is hurting in As we move forward, I think we Mumbauer, who is president of the the process. That is why I will be vot- ought to be very thoughtful that we re- High Point Treatment Center in Mas- ing against his nomination as Director store the cuts in areas where clearly it sachusetts. Daniel has experienced of the Office of Management and Budg- is not working the way people thought firsthand how Medicaid funds can et and why I urge my colleagues to do the Affordable Care Act would work. change the lives of thousands of people the same. The person in charge of the numbers, in Massachusetts alone. This is what Let’s make sure that MICK MULVANEY the person in charge of the balance Daniel wrote: never ends up as the head of the Office sheet, the person who calculates the On behalf of High Point Treatment Center, of Management and Budget, never is in costs should be someone with the ca- I am writing to urge and request your sup- a position to put together a budget to pacity to do that. The President has port in protecting the Affordable Care Act cut Medicare and cut Medicaid. Let’s and preserving Medicaid expansion in the decided, and the Senate, when finally 115th Congress. make sure that we keep our govern- allowed to vote, will determine that High Point served over 30,000 individuals ment, our Medicare, our Medicaid, and person is Mr. MULVANEY. last year. We provide substance use disorder our Affordable Care Act working for NOMINATION OF SCOTT PRUITT and mental health services to adolescents the American people. That is what I Mr. President, the other thing we and adults. will keep fighting for. hope to do this week is to get to the Recent health insurance data show that Mr. President, I yield. Americans with mental health and substance EPA Administrator. I have a hard time use disorders are the single largest bene- The PRESIDING OFFICER (Mr. imagining that anybody had more fu- ficiaries of the Affordable Care Act’s Med- TOOMEY). The Senator from Missouri. ture damage lined up for the economy icaid expansion. Nearly one in three who re- Mr. BLUNT. Mr. President, every day than the past Administrator of the ceives health insurance coverage through we continue to set new records for how EPA. Rules like the clean power rule— Medicaid expansion either has a mental ill- long it takes for the new President to all these rules almost always have a ness, a substance abuse disorder, or both. By get his Cabinet in power—in office— good name. Clean power, who wouldn’t repealing the Medicaid expansion, this popu- and the responsibility to carry out the be for that? I am certainly for clean lation of vulnerable Americans would be left things that the President said that he power, but the clean power rule, in vir- without access to lifesaving treatment, driv- wanted to do when he was elected. ing up costs in emergency department visits tually every State in the country, and hospital stays. In the great history of confirming would have increased utility rates from I am also writing to urge your support for people, from the Garfield administra- the middle of the State of Pennsyl- the protection of the Medicaid program from tion in the 1880s until Franklin Roo- vania to the western edge of at least proposals to restructure Medicaid as a block sevelt in 1932, the entire Cabinet in Wyoming, if not beyond that. grant or capped program. These proposals that whole period of time was con- Fifty percent of the power produced would reduce federal investment in Medicaid firmed on the first day. Now we are in by coal-powered utility plants, most of and leave millions of Americans without ac- the longest period in the history of the cess to needed mental health and addictions which are cleaner than any utility treatment in our communities. Please work country since George Washington was plants that use coal have ever been or with your colleagues to protect our nation’s President to try to get a Cabinet in are anywhere in the world today, many most vulnerable patient population and pre- place, not to mention all of the other of which are almost new, many of serve their access to treatment. jobs that go along with confirming the which aren’t paid for—and, of course, Thank you, Daniel. Thank you very Cabinet. It is a good thing and no won- who pays for that utility plant, wheth- much for writing, and thank you for der that a few years ago the Senate er you use it or not? It is the family the work you do. looked at the numbers of people we had who pays the utility bill. There is no Congressman MULVANEY wants to taken responsibility to confirm and mythical somebody else who will pay eviscerate health programs that would said: Now, which of those do we really this bill. So if you shut down a plant help Michael’s son and the thousands have to confirm and which of those sooner than you should, somebody has who are treated at the High Point would we only confirm if someone in to pay for that. Treatment Center. That is exactly the the Senate believes we have to have a You could write those same rules if opposite of what we should be doing. hearing on that level of person and your goal were to eliminate coal. That I have also heard from many con- that agency at that time? is a different debate. It is a debate we stituents worried about losing their We tried to streamline a process that could have at another time. If your Social Security benefits under the new we all know needs to be streamlined, goal were to eliminate coal, you could administration, like Kensington from but with only a couple of exceptions, write those same rules. If the rule sim- Hatfield, who is terrified that his every nominee so far has been the most ply said: When the utility plants you mother, who depends on Social Secu- dangerous nominee of all time for are using right now, which meet all the rity, will lose her benefits. Here is whatever job it is. There must be fill- current standards, which are, in many what he wrote: in-the-blank speeches back there some- cases, the cleanest coal-fired plants

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.032 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1184 CONGRESSIONAL RECORD — SENATE February 15, 2017 that have ever been built or are being The waters of the United States— out how they can save for the future of used anywhere in the world today— that is not a bad title. Water is impor- their kids’ college or even summer when that plant is paid for, here is tant. Waters of the United States is camp? A lot of things go away if you what you have to do next. Then, when important. The EPA talked about the double the utility bill. A lot of things you get your utility bill, you are not waters of the United States and de- go away if it takes a year to get a paying for the plant you are not using cided to take a definition that the Fed- building permit. A lot of things go and also paying for the plant you are eral Government has used for well over away if we don’t have common sense in using. This would be as if there were a 150 years. By the way, the EPA was our government. new standard—this is the EPA view of given control of navigable waters in I think this nominee, MICK this—on automobile mileage, and that the Clean Water Act and decided that MULVANEY, and the next nominee, standard came out and said: Here is navigable waters aren’t just what for Scott Pruitt, both bring that common what automobiles have to look like, in 150 years the Federal Government said sense to the jobs they have been asked terms of standards, on miles per gallon, they were—from 1846 until just a cou- to do and have agreed to do, if con- and, by the way, you have to have that ple of years ago, more than 150 years— firmed by the Senate. car or that truck right now. If you which was something you could move a I see my friend from Massachusetts is have a truck or car that you are al- product on, which meant interstate here. ready driving that doesn’t meet that commerce, which meant the Constitu- I yield the floor. standard, you can’t drive it any longer. tion gave that responsibility to the The PRESIDING OFFICER (Mr. Of course, you still have to pay for it, Federal government, but they said: GARDNER). The Senator from Massa- but you can’t drive it any longer. We That is actually any water that could chusetts. have been doing mileage standards in run into any water that eventually Mr. MARKEY. Mr. President, I thank this country that have made a signifi- could run into navigable waters. That my friend from Missouri, and the Sen- cant difference for a long time, but we is what the Clean Water Act said when ate, for giving me this opportunity to have never said: You have to stop driv- it said the EPA could regulate navi- speak. I rise to speak in opposition to ing the car you are driving, and you gable waters. the nomination of Representative MICK have to buy a new car. And, of course, This is a Farm Bureau map that has MULVANEY to be Director of the Office you have to pay for the car you are been available for a long time but that of Management and Budget. driving or the bank is unlikely to give the EPA never did challenge during Congressman MULVANEY represents you the loan for a new car. But that is this debate. Only the red part of our the latest of President Trump’s broken what the EPA said in the clean power State would be covered by the EPA for promises to the American people. In rule. anything involving water—things like this case, it is President Trump’s cam- There is a commonsense way to do a building permit or things like wheth- paign promise to protect Social Secu- things, and the next nominee we will er you can mow the right of way on the rity, and Congressman MULVANEY is be dealing with, Attorney General Pru- highway or things like whether farm- the man who will lead the charge. The itt, is a commonsense guy. He has had ers could use fertilizer in their field, Office of Management and Budget, great responsibility as attorney gen- even if it were 100 miles away from any OMB, as it is called, is like that group eral, but he has been willing to chal- navigable water. All of those things of scientists in the movie ‘‘Apollo 13’’ lenge these rules that didn’t make under the rule could have been under who have to figure out how to bring the sense. spacecraft home with only a few items On the clean power rule, by the way, the authority of the EPA. Let me men- Missouri is the fourth biggest user of tion again, only the part of the map found in a couple of boxes. In the coal-produced energy. Projections were that is red would have been covered by movie, they describe it as fitting a that the average Missouri utility bill the EPA, the part is that 99.7 percent square peg in a round hole. In govern- under that rule, if it had been allowed of the map. ment, we call it the Federal budget. to go into effect—still in the courts be- We have a lot of caves in our State The crucial role of OMB and the de- cause the courts say that EPA really and a few sinkholes. I think those velopment of the Federal budget means doesn’t have the authority to do that; white dots, the three-tenths of one per- that the Director often has the final at least the lower courts have all said cent, are some combination of caves word on the priorities of our Federal that. If that had been allowed to go and sinkholes where the water appears agencies. The Director must be some- into effect, the average Missouri util- to run right back into the middle of one who will approach the enormity of ity bill would have doubled in 10 or 12 the earth, instead of into any water. the Federal Government in a thought- years. It is not hard for a family to fig- What a ridiculous rule. It is the kind of ful and deliberative manner. They ure out. Get your utility bill out, look rule that the Office of Management and must be able to consider how the budg- at it, multiply it by two, and see what Budget should challenge whenever they et will impact the everyday lives of all happens to the things you were doing are asked to look at the cost-benefit Americans. Representative before you had to pay, in effect, a sec- analysis. It is the kind of rule that a MULVANEY’s support for reckless, ond utility bill. reasonable Administrator at the EPA across-the-board cuts demonstrates It is time that these agencies had would never let be issued. In fact, I that he is not up to this challenge. some common sense, whether they are would say it is the kind of rule that Donald Trump campaigned on the agencies that are being evaluated by this Congress eventually, hopefully, promise that he would make no cuts to the Office of Management and Budget will take this responsibility back and the Social Security safety net. That or agencies that are being tasked by say: We have to vote on these rules. We means no cuts to Social Security, the Congress and the President to do have to take responsibility for things Medicare, and Medicaid. Congressman certain things. It is time they thought that cost families their extra income MULVANEY’s nomination shows that, about families. It is time they thought and cost people their jobs. despite what candidate Trump may about jobs. As we get along with the business of have said, President Trump intends to If the economy of the country is bet- confirming MICK MULVANEY to the Of- do just the opposite. This is not what ter next year, the country will be fice of Management and Budget—and millions of people voted for. MICK stronger 25 years from now. I think we then after that and before we leave this MULVANEY’s nomination has Americans spend a lot of time thinking about week—Attorney General Scott Pruitt across the country fearful for their fu- what America should look like 25 years to be the Administrator of the EPA, tures, and they have every right to be from now instead of what we can do so hopefully both of them will use com- scared. that families have better jobs next mon sense as their guideline. Both of Congressman MULVANEY represents month and next year. It is time we got them will look at, What does this real- an immediate threat to Social Secu- some common sense into trying to ly mean to hard-working families? rity. He represents a threat to the 1.2 reach the goals we want to reach, rath- What does this mean to struggling fam- million seniors in Massachusetts who er than coming up with goals and then ilies? What does this mean to single- currently rely on Social Security. He reaching them in a way that clearly mom families? What does this mean to represents a threat to the millions will not work. young families who are trying to figure more who expect the program to be

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.033 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1185 there when they retire in coming Raising the Social Security retire- right dismissed the threat that climate years. ment age is just one of many of Presi- change imposes on the planet. OMB MICK MULVANEY has attempted to de- dent Trump’s broken promises. He also oversees agencies’ use of the social cost clare Social Security unconstitutional wants to cut Medicare and the health of carbon, the Federal metric that as- and has referred to the program as a care of millions of Americans. Con- signs a dollar value for future damages Ponzi scheme. Well, Social Security is gressman MULVANEY looks ready to do to each ton of carbon dioxide emitted not a Ponzi scheme. Social Security is the President’s bidding as well. into the atmosphere. We need an OMB not a handout. Social Security is a Congressman MULVANEY has said we Director who accepts the consequences promise we make to America’s seniors need to end Medicare as we know it and of climate change because it will be the after decades of hard work. It is the supported House Speaker PAUL RYAN’s most vulnerable in our society who will commitment we made to those who destructive ideas to turn Medicare into pay the highest price if we ignore cli- built this Nation, fought in wars, and a voucher program. Congressman mate science and the danger it poses, provided for their families. Seniors pay MULVANEY went even further saying not only to our own country but to the into the system throughout their that those efforts did not go far rest of the planet. working lives, and they expect it to be enough. Those kinds of cuts to Medi- Our country faces serious challenges there for them when they retire. We care would be nothing short of a dis- that require the careful and non- need to keep that promise. aster for the 55 million Americans en- partisan allocation of resources. We Social Security is not just a line in rolled in the program, including the need a Director of the Office of Man- the budget. It is a lifeline for millions more than 1 million individuals in Mas- agement and Budget who will hear the of Americans. concerns of all Americans, not promote In Massachusetts, the program keeps sachusetts who rely on Medicare for 295,000 people above the poverty line. their health care needs. dangerous fiscal ideologies. Congress- Seniors deserve an OMB Director who Across the country, more than 15 mil- man MULVANEY has indicated that he will protect their health care, not put lion elderly Americans are able to live will approach our budget with an ax, out their lives and not be driven into it on the chopping block. We know and it will be our seniors who will be poverty because they have a Social Se- Congressman MULVANEY is deeply com- first on the chopping block. I do not be- curity check. That is what it does for mitted to these misguided ideas be- lieve he is qualified to lead the Office 15 million Americans. Seniors will have cause we have seen how far he is will- of Management and Budget. nowhere to turn if President Trump ing to go to support them. He was one I do so remembering 1981 and 1982. of the few key cheerleaders of the Re- Ronald Reagan arrived, and Ronald and Representative MULVANEY have their way and Social Security ceases to publican government shutdown in 2013. Reagan had a very simple plan for He was willing to put millions of Amer- America. He was going to do three exist. Congressman MULVANEY has re- peatedly suggested raising the Social ican families, businesses, and services things fundamentally; No. 1, massive Security retirement age to 70 years at risk in order to defund the Afford- tax cuts for the wealthiest and biggest able Care Act. corporations in America; No. 2, simul- old. Let me repeat that. MICK That shutdown cost the United taneously increasing defense spending MULVANEY wants grandma and grandpa States more than $24 billion. At that to wait until they are 70 years old— massively; No. 3, to simultaneously time, Congressman MULVANEY said it that is 4 years older than the current pledge that he was going to balance the was good policy. He said it was all retirement age—before they can call budget while unleashing massive eco- worth it in order to prove a point. That upon the benefits they deserve. nomic growth in our country. What he did then was to put together Not only does MICK MULVANEY want simply is irresponsible. That kind of to make it so Americans have to work recklessness has no place in the Office a team that had a remarkable ability longer, he wants them to receive less of Management and Budget. Congress- to harness voluminous amounts of in- when they finally do retire. At his man MULVANEY also does not believe in formation to defend that knowingly er- Budget Committee hearing, MICK raising the debt limit. roneous premise. You cannot say you MULVANEY said that he himself was Back in 2011, he put the economy at are heading toward balancing the budg- willing to be subject to these new risk when Republicans held our debt et if you are simultaneously saying: I rules, since they might require him to limit hostage. He put the full faith and am going to give massive tax breaks to work a couple of extra months before credit of the United States in danger those who need them the least and retirement and require his children to by his willingness to allow the Treas- massive defense increases, which are work until they are 70. ury to default. That would have going to further lead to Federal ex- Nothing could be more out of touch wreaked havoc on the financial mar- penditures, because then you have to with working-class, blue-collar workers kets and could have destabilized our turn and you have to cut programs. across our country. I have no doubt entire economy, but Congressman You have to cut Medicare. You have to that MICK MULVANEY would be able to MULVANEY dismissed these concerns cut Social Security. You have to cut work a few extra years in his current and called the potential breach of the the EPA. You have to cut Head Start. role as a Congressman or Director of debt limit a fabricated crisis. Nothing You have to cut food stamps. You have OMB or a great job that he would get could be more fiscally irresponsible to cut programs for the poorest. You after those responsibilities, but what and further from the truth. have to cut all of those investments in about millions of construction work- Congressman MULVANEY is not the science in the future. You have to cut ers, carpenters, waitresses, gardeners, type of leadership Americans expect in and cut and cut. busdrivers, and others with physically their government, and he is not the That really was not the goal because demanding jobs? My father, a milk- type of leadership needed to direct the ultimately Ronald Reagan just re- man—how many years can you work Office of Management and Budget. treated from the cuts because the pres- being a milkman? You have to go until Strong leadership is especially crucial sure came from across America, but he you are 70 to receive a Social Security at the Office of Management and Budg- had accomplished his principal goal, benefit in this country in the future? et, where responsible oversight of the which was the massive defense in- That is the challenge we have. We ask regulatory process is a requirement of creases and the tax cuts for the milkmen, we ask 69-year-old construc- the Director’s job. The individual in wealthy because that was the real tion workers to lay cement in blis- charge must be willing to make fair de- agenda all along. tering summer heat because Social Se- terminations based on facts and evi- So there is a great book, ‘‘The Tri- curity is no longer there when it is dence. umph of Politics: Why the Reagan Rev- promised. Do we expect a 68-year-old Congressman MULVANEY’s record olution Failed,’’ by David Stockman. window washer to climb the scaffolding gives me no confidence that he will He was the head of OMB for Ronald every day when they cannot afford to meet this standard. Congressman Reagan back in the early 1980s. He retire without their Social Security MULVANEY also dismisses accepted wrote a book in 1986 about his experi- benefits? We should not balance the science and rejects established facts. ences with this failed economic philos- budget on their backs. That is just He has stated global warming is based ophy. It is a blistering, scalding indict- plain wrong. on questionable science and has out- ment of what they tried to do in 1981

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.034 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1186 CONGRESSIONAL RECORD — SENATE February 15, 2017 and 1982. He wrote this as a warning to You don’t want to repeat it. The guy they are going to continue to say: the future, about why we should not who put the program together said: Don’t worry. Your healthcare will be try to repeat what Reagan tried to do Please don’t do that again. Please better. Your air will be cleaner. Your in 1981 and 1982. don’t do that again. He said here: Ron- children will be safer. Social Security What he talks about in the book is ald Reagan chose not to be a leader but will be protected. this. The same kind of made-up num- a politician, and in doing so, showed But then who gets named to run the bers to put a Panglossian—rose-colored why passion and imperfection, not rea- Office of Management and Budget? glasses—the most optimistic projection son and doctrine, rule the world. ‘‘His Somebody who wants to raise the re- on what would happen to our economy obstinacy,’’ said David Stockman, tirement age to 70; someone who wants if we had these massive tax cuts and ‘‘was destined to keep America’s econ- to fundamentally change Medicare as increases in defense spending, while omy hostage to the errors of his advis- we know it; somebody who has an pretending that we were going to do all ers for a long, long time.’’ agenda that looks a lot like 1981 and of these other things, which actually Mark Twain used to say that ‘‘his- 1982 in the Reagan years, very much never did occur. tory doesn’t repeat itself, but it does like it. So he said, because the numbers did tend to rhyme.’’ So, yes, this isn’t ex- So is there anything new here? No. Is not add up, they had to engage in a lot actly like Ronald Reagan in 1981 and this just a sales job, a con job? Yes. Be- of fiscal chicanery. What he did was he 1982, but it rhymes with 1981 and 1982. cause when you pull back the covers constructed two little separate cat- It rhymes with it. They are trying to and you look at what is about to un- egories. No. 1, he called it the magic argue economics like lawyers, right? fold, it is something that is going to be asterisk. The magic asterisk was this Politicians, PR people. Sell the bill of very destructive of our economy. It is attempt to avoid ever specifically hav- goods. Donald Trump calls it ‘‘truthful going to further income inequality ing to itemize all of the budget cuts hyperbole,’’ like when he is selling a across our country. It is going to re- that would cause a revolution in Amer- piece of property. Well, the United duce opportunity for every child in our ica because they knew they could not States is not a piece of property. The country. Rather than democratizing put that list out. American economy is not a piece of access to opportunity through So they called it a magic asterisk— property. It is the central organizing healthcare and education, they are cuts to be named later, programs to be principle for all of the hopes and all of going to work systematically to under- cut later. We all know the names of the dreams of every person who lives in mine those opportunities, to reduce the those programs—Medicare, Medicaid, our country. chances that they can maximize their education, Environmental Protection You cannot allow for knowingly false God-given abilities. Agency, Head Start, all the way down premises to be advanced, and that is That is why this nomination is so im- the line—but we will just hide the ball what Congressman MULVANEY will rep- portant, because the OMB controls the on that. resent in this entire process if he is Federal budget. That is all the hopes Secondly, he constructed another confirmed as the new head of the Office and all the dreams. That is where the idea, he said, which was also fraudu- of Management and Budget. He rep- money goes. Who gets it? What are the lent, which was called ‘‘rosy scenario.’’ resents someone who is going to reach incentives? What they would do is, they would put back into time to this era which has al- Right now, once again, Donald together a group of economists who ready been shown to have completely Trump is embracing Ronald Reagan’s would then, using completely bogus failed and repeat the exact same exper- trickle-down economics: the more projections for the future, project mas- iment again. The American people just money you give to the people who are sive economic growth. That is what can’t run the risk because ultimately already rich, the more it will trickle Donald Trump talks about now: Oh, we the economic catastrophe—the impact down to ordinary folks. will see growth that you have never on ordinary families—would be so great We don’t hear him saying: Oh, don’t seen before in the history of mankind— that ultimately we would look back worry, the overwhelming majority of rosy scenario. and say that this Senate failed, that we these tax breaks are going to go to the There is no economic data to back it did not discharge our responsibilities blue-collar people in our country. You up, but that is just how much Trump is to those families. are not going to hear him say that. trying to model himself after this at- So from my perspective, I stand out And when you look at all the proposals tempt in 1981 and 1982 to sell the exact here knowing that once again we are they have made, it always goes to the same bill of goods, which collapsed, by faced with this prospect of repeating corporations, it always goes to the the way. They collapsed like a house of David Stockman’s book ‘‘The Triumph upper 1 or 2 percentile. cards economically because it did not of Politics: Why the Reagan Revolution Those promises he made are just the add up. You cannot have a magic aster- Failed’’ and knowing that when Donald same as David Stockman’s and Ronald isk for all of these cuts that are never Trump said: Oh, don’t worry, I am Reagan’s back in 1981 and 1982—iden- going to happen because ultimately the going to take care of you, ordinary tical almost down to the final detail— Democrats are going to back down the Americans; you are going to get the and are just as guaranteed to fail. Republicans. biggest tax breaks—they are not. That We have Congressman MULVANEY We are going to back them down on is not his plan. who has been nominated. And give him cutting Medicare. We are going to back Oh, don’t worry. I am going to give credit—he is actually honest about them down on cutting education. We you better healthcare. I am going to what he believes. He is actually very are going to back them down on cut- give you more coverage for your fami- clear in his explanation of what the ting the budget for all of these great lies. goals are going to be for our country if programs. We are going to have this That is not going to happen. That is he is confirmed and can partner with battle. They already know it, but it is not his plan. Donald Trump to implement this agen- not going to stop them in terms of the I am going to give you cleaner air da. We give him credit for his honesty, first two programs, the tax cuts and and cleaner water. It is going to be the but it is only honesty in saying that he the defense increases. They are going best. It is going to be the greatest. is going to defend a set of economic as- to still try to ram them through. That That is not going to happen. sumptions that are completely and to- just creates bigger and bigger and big- It is the triumph of politics. It is the tally fallacious and have already been ger deficits. triumph of the special interests, of the disproved in the marketplace—the po- The only way they can get away with oil and gas industry, of the defense es- litical marketplace. it is if they can project massive eco- tablishment that wants bigger and So all I can say here is that it would nomic growth in our country, which is more contracts, of the wealthiest who be reckless of the Senate to deliver the ‘‘rosy scenario.’’ Then you have a want big tax breaks. It is the triumph over to the American people once again bunch of economists who are kind of of politics—the politics of the most someone whose intent is to try to take supply-siders who kind of look back at powerful, of the wealthiest, of the most this formula which gathers voluminous the 1980s and ask: Can’t we go back to entrenched. That is what this Trump amounts of information to defend the Reagan era again and repeat that? administration is already about, and knowingly erroneous premises.

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.036 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1187 You cannot have massive tax cuts I just want to thank all the workers who, by the way, isn’t even willing to and massive increases in defense spend- who bravely shared their stories in the support the budget deal I reached with ing and balance the budget without last few months. It is clear today that Speaker RYAN. He is someone whom re- killing all of these programs that al- your words are powerful, and I am sponsible members of his own Repub- most every American family relies on, going to keep bringing your voices here lican Party scorned just a few years beginning with Social Security and to the Senate, and we will keep fight- ago and whose budget ideas they re- Medicare and Medicaid, education pro- ing. jected as damaging, unworkable, and grams, all the way down. We can’t do With that, Mr. President, I wanted to political suicide. But now he is the per- it. be here today to speak about OMB Di- son whom Republicans are holding up So that is why we are fighting out rector Nominee MULVANEY. I submitted as a budget leader. here. We are fighting to make sure we comments on this nomination in the As we see this nomination, as we see don’t repeat the same history we have Budget Committee, and I want to bring Republicans use the budget process to already lived through. them to the full Senate today. slam through a partisan plan to de- By the time Reagan reached near the I am here today to urge my col- stroy our healthcare system, it is end of his career, guess what he did. He leagues to oppose Congressman clearer than ever how far the Repub- changed and began to acclimate him- MULVANEY. Mr. President, we all know lican Party has moved, even from the self to reality. He began to accept, that a budget is more than just num- days of our bipartisan budget deal. through a group of new advisers, the bers on a page; a budget represents our Finally, I am extremely troubled by actual impact his initial policies were values and our priorities, the kind of Congressman MULVANEY’s failure to having. And that is all we are trying to Nation we are now and the kind of Na- pay taxes and comply with the law. I do right now. We are trying to start tion we want to be. know I am not the only one who has out where we are going to be forced to Congressman MULVANEY is not shy been here long enough to see Cabinet wind up anyway. Why not do that since about where he stands on this. When I nominees withdraw over less egregious we have already learned the lesson? sat down with him a couple of weeks breaches than this. Congressman Why not have those lessons of the past ago, he made it very clear that he MULVANEY’s motivations, explanations, be implemented? But no. They are would use our budget to radically re- and defenses have not been credible. It committed to a repetition syndrome, a shape our country in a way that I be- is hard to believe that every single one reenactment of what has already oc- lieve would be devastating to families, of my Republican colleagues feels com- curred, rather than a reconciliation to seniors, to veterans, to the middle fortable with someone with such a seri- with history, learning from it and then class, and to many others. trying to move forward in a way which ous lapse of judgment in charge of the Congressman MULVANEY has said he budget of this administration. is wise, protective of every American. wants to make drastic, radical cuts to I stand here to oppose Congressman I voted against Congressman Federal investments, trillions of dol- MULVANEY in the Budget Committee MULVANEY’s nomination for the Office lars across the board. His budget pro- of Management and Budget. I do not for those reasons and more, and I am posals would slash Federal funding for here today to oppose his nomination, believe it would be a good thing for our education, leaving students across the country, for our economy. This is just and I urge my colleagues to do the country with fewer opportunities to same. Certainly, we can do better than too dangerous a roll of the dice with learn and to succeed. They would cut our entire Nation. So I say to the Sen- this. investments in jobs and training, leav- Thank you, Mr. President, and I yield ate, please vote to reject this nomina- ing our workers scrambling to keep up tion, and ask the President to nomi- the floor. with the changing economy. They The PRESIDING OFFICER. The Sen- nate someone who does reflect the best would eliminate support for children economic values that our country has. ator from Oregon. and families who need a hand up to get With that, I yield to the Senator Mr. WYDEN. Mr. President, I think back on their feet. They would elimi- from Washington State, Mrs. MURRAY. Senator MURRAY has said it very well, The PRESIDING OFFICER. The Sen- nate basic medical research that cre- and I want to pick up on what I think ator from Washington. ates jobs and leads to lifesaving cures. is really at stake with this nomination. They would continue the work Presi- ANDREW PUZDER In effect, if confirmed, Congressman Mrs. MURRAY. Mr. President, before dent Trump has done to destroy MULVANEY would be the numbers guy I begin to speak about the nomination healthcare in America and create even for the Trump team, the architect for before us right now, I did want to com- more chaos and confusion. They would the President’s fiscal plan for the Na- ment on the breaking news regarding lead to dramatic cuts to Medicare and tion’s future. the nomination of Andrew Puzder. Medicaid, betraying the commitments I want to start by way of saying that, There is some good news today for we have made to our seniors and so when you look at the President’s prom- workers and women and families in much more. He wants to do that while ises that he made on the campaign America. Back on the campaign trail, giving away even more tax cuts to the trail to protect Medicare and Social President Trump promised to put wealthiest Americans and biggest cor- Security from draconian cuts, Con- workers first, but from the start, it has porations and has proposed raising the gressman MULVANEY’s nomination and been pretty clear that his nominee for Social Security retirement age to 70, his record would be one of the biggest Secretary of Labor, who has now with- causing millions of Americans to drop bait-and-switch schemes inflicted on drawn, was a clear signal that Presi- under the poverty line. In other words, America’s seniors that I can imagine. dent Trump had no intention of keep- Congressman MULVANEY’s nomination I am going to start by taking a ing that promise, and instead he is another perfect example of how minute to read some of what the Presi- planned to rig his Cabinet with the President Trump is breaking the prom- dent said on the campaign trail. He staunchest allies for Wall Street—big ises he made on the campaign trail to said: corporations and special interests— stand with workers and seniors and the Every Republican wants to do a big num- that he could find. middle class. ber on Social Security. They want to do it on So I am not surprised that when Just a few years ago, Congressman Medicare . . . and we can’t do that. It’s not workers and families heard about the MULVANEY was at the fringes of the Re- fair to the people. pride Mr. Puzder takes in objectifying publican Party. He is one of the most The President said: ‘‘It’s my absolute women, that he called his own workers extreme members of the tea party wing intention to leave Social Security the ‘‘the best of the worst,’’ and that his of the party who supported the govern- way it is, not increase the age, but to vision for our economy is one in which ment shutdown when others were leave it as-is.’’ workers are squeezed so those at the working to end it; who failed to show The President said: the proper concern about a potentially top can boost their profits higher and You can’t get rid of Medicare. Medicare’s a higher, they said no. They spoke up catastrophic breach of the debt limit program that works . . . people love Medi- loud and clear that they want a true and remains cavalier even now, telling care and it’s unfair to them. I’m going to fix champion for all workers in the Labor me he would advise the President it and make it better, but I’m not going to Department. against accepting a clean debt limit; cut it.

VerDate Sep 11 2014 01:50 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.037 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1188 CONGRESSIONAL RECORD — SENATE February 15, 2017 So those are just some of the prom- paper. It is a promise of guaranteed mom who spent decades working mul- ises that President Trump made with benefits. We made the judgment—I just tiple jobs that way to put food on the respect to Social Security and Medi- went briefly through some of the his- table and send her kids to school what care. There are quotes like that from tory—because no one would ever know it is going to mean to cut their benefits rallies and campaign events and de- how healthy they would be when they that way—or the loggers or the dock bates over a period of some months. I reached age 65. We talked about it in workers, the miners, and all of those think it would be fair to say that, for the Budget Committee and in a number people who have worked hard and have a lot of seniors, when they heard that— of meetings here in the Senate. I am been on their feet with physically when they heard these promises that definitely for updating the Medicare grueling work. Ask them about raising these vital programs would be pro- promise, updating the Medicare guar- the Social Security age this way. I tected—that was a political litmus test antee, and improving it, for example, think you are going to get a pretty for many American older people. So I to include chronic care services, cancer good sense of how strongly Americans describe this contrast between the services, diabetes, services dealing oppose this kind of Mulvaney approach. promises of President Trump and Can- with a whole host of chronic illnesses. So by way of summing up, I think it didate Trump and Congressman That is going to consume much of the would be hard to find a more signifi- MULVANEY as a bait and switch, but I Medicare budget. We can have more cant task for the Congress at this time think the Senate needs to know a little home care and we can use telemedi- than protecting Social Security and bit more detail with respect to spe- cine, and we can use nonphysician pro- Medicare, advocating for the two as cifics. viders. great achievements in the history of In 2011 Congressman MULVANEY said: Senator MURRAY knows that in our American policymaking. They are ‘‘We have to end Medicare as we know part of the country we really have right at the center of our safety net. it.’’ He added in another interview: found a way to get people good quality Now you have to give Congressman ‘‘Medicare as it exists today is fin- care in an affordable way, but we are MULVANEY credit for one thing. He has ished.’’ He proposed raising the Social keeping the promise. We are keeping been blunt, he has been explicit, and he Security age to 70. He called the pro- the promise of the Medicare guarantee. is not shy about essentially his vision gram a Ponzi scheme. While he was a Congressman MULVANEY would break of hollowing these programs out and State lawmaker, he even voted to de- the promise of Medicare. If confirmed, dismantling them. When asked about clare Social Security unconstitutional. he would join his former House col- whether he was going to stick to his My sense is it will be a while before league who just became Health and proposal to cut the programs, he said: seniors get over the whiplash from the Human Services Secretary, Tom Price, I have to imagine that the President knew 180-degree turn the administration has who said in really very blunt terms what he was getting when he asked me to fill pulled on Medicare and Social Security this role. I would like to think it is why he over the years that he wanted to pri- hired me. cuts. vatize the program. He wanted to pri- That is why I say—and Senator MUR- Now, with respect to the days ahead, vatize and cut the program. He basi- RAY touched on this—what kind of a for me, a lot of this debate starts in my cally indicated with his legislation bait-and-switch game are we talking days when I was codirector of the Or- that he didn’t really believe in Medi- about here? You have the President— egon Gray Panthers. The seniors that I care, and he didn’t believe in the guar- Candidate Trump—saying: Nothing worked with knew what those pro- antee of services that Medicare pro- doing; nobody is going to mess with So- grams meant. It was their grand- vided. If you look at Congressman cial Security and Medicare—off limits. parents who faced old age without So- MULVANEY’s record, it certainly indi- I want older people in America to know cial Security. Those seniors with whom cates he shares the views of our former they are going to be safe if they elect I worked during those Gray Panther House colleague who just became me. days remember what happened before Health and Human Services Secretary, we had the safety net. Before there was It was almost like a litmus test for Tom Price. America’s older people. Then Congress- Social Security and Medicare, you With respect to Social Security, this man MULVANEY comes along and he ba- would have needy older people shunted year nearly 62 million Americans and sically calls the bluff on the whole off to poor farms and almshouses. Even their families count on receiving re- thing. He describes the bait and switch if you had meager savings, you were on tirement, survivors, and disability ben- in very blunt terms, where he says: ‘‘I your own for income or you had to rely efits to stay afloat. This is a program have to imagine the President knew on family, and lots of family members that keeps tens of millions of seniors what he was getting when he asked me were not exactly well off. If you came out of poverty. It is unquestionably to fill this role’’—that the President down with a serious illness, it really one of the most popular programs in knew what the Mulvaney record was meant that you would be living in pov- American history. It has changed the all about, which was about ending erty and squalor. Social Security and fabric of the country for the better. Medicare changed those unacceptable Again, I think about the days when I Medicare as we know it. So I will just close by way of saying terms of the social contract between worked with older people. We had mil- that I see that a big part of my job, and this country and older people—and lions of older people who month in and what Oregonians sent me here to do, is changed it for all time. Those programs month out would just walk an eco- to defend Medicare and Social Security were about saying that in America—for nomic tightrope. They would try to for generations of Americans to come. the older people who fought our wars, balance their food costs against their That is why I am a no on the Mulvaney strengthened our communities day in fuel costs and their fuel costs against nomination. I urge my colleagues to and day out, made America a better their medical costs. Social Security oppose the nomination. place because they were always pitch- and Medicare came along to make sure I yield the floor. ing in to help and be constructive— those older people wouldn’t be pushed I suggest the absence of a quorum. Medicare and Social Security meant off that economic tightrope. So Social The PRESIDING OFFICER. The that older people and seniors would not Security has changed the fabric of the clerk will call the roll. face a life of destitution. country for the better without doubt, The senior assistant legislative clerk That is why I believe every Member and yet Congressman MULVANEY pro- proceeded to call the roll. of this body—and I heard Senator MUR- poses to raise the Social Security age Mrs. MCCASKILL. Mr. President, I RAY talk about this—ought to find to 70, which would be a 20 percent cut ask unanimous consent that the order what Congressman MULVANEY has said to benefits. for the quorum call be rescinded. against Medicare—his anti-Medicare Let’s picture what this means, par- The PRESIDING OFFICER. Without and anti-Social Security agenda—so ticularly for the millions of older peo- objection, it is so ordered. troubling. I want to be very specific ple who might not have had a job Mrs. MCCASKILL. Mr. President, about the days ahead. Medicare, at its where they could work on their laptop, most Americans don’t know who the core, has always been a promise. It has and they had a physical job. They Director of OMB is, but I want to stand been a promise of guaranteed benefits. worked hours and hours on their feet today and explain what an important It is not a voucher. It is not a slip of day in and day out. Ask the single position in our government it truly is.

VerDate Sep 11 2014 01:53 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.039 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1189 The Director of OMB is responsible So the fact that he believes brink- riousness it deserves would remember a for not only implementing and articu- manship is a good thing in terms of vote like that. lating the President’s budget but also shutting down the government, the President Trump has said that de- safeguarding the regulatory process. I fact that defaulting on our debt is an fense cuts over the last several years would say there is another part of the option for Congressman MULVANEY, the have depleted our military. Our mili- job because when you are Director of fact that if you look at those positions, tary leaders have testified that these OMB and you are putting the budget you realize compromise is not part of cuts have placed the ‘‘lives of’’ our out, you also have to understand the his vocabulary; that brinkmanship and military ‘‘servicemembers at greater checks and balances of our govern- rigid ideology is what he would bring risk.’’ That is an exact quote from our ment, including that there are two to this process, that is the last thing military leaders, but Congressman Houses in Congress and there are dif- we need in Washington, DC, right now, MULVANEY has said that in the greater ferent opinions in Congress. Some- brinkmanship and rigid ideology, espe- scheme of things, sequestration cuts times, in order to get a budget, the cially when it comes to our budget and were not that big. He also said: ‘‘The word ‘‘compromise’’ has to be utilized, prioritizing our funds. only thing worse than those military which, by the way, was one of the fa- So I cannot support Congressman cuts would be no cuts at all.’’ vorite concepts of our Founding Fa- MULVANEY. As the ranking member on This is the kind of statement that thers in our Constitution. That is why the Homeland Security and Govern- can only be made by a person detached they embraced checks and balances, mental Affairs Committee, I hope I can from the reality of what these cuts because they wanted to foster com- urge my other colleagues to under- have meant to military servicemem- promises and consensus. stand that there are many people bers. Tell that to the thousands of sol- That is why Representative whom I could support for Director of diers who were forced out of the Army MULVANEY is not the right person for OMB, but Congressman MULVANEY is because of these cuts. Tell that to the this job. He is someone who has been a not one of them. Marine pilots who fly fewer hours per disrupter. There is a place for The PRESIDING OFFICER. The Sen- month than their Russian and Chinese disrupters in government. I am not ator from Arizona. counterparts because of these cuts. casting aside all disrupters, but I don’t Mr. MCCAIN. Mr. President, I rise in Tell that to the Air Force maintainers, think a disrupter belongs as the head opposition to the nomination of Con- stealing parts from retired aircraft and of the OMB. gressman MICK MULVANEY to serve as museum pieces to keep their planes in Some people are going to talk a lot the Director of the Office of Manage- the air because of sequestration. Tell about his career and quote him: ‘‘We ment and Budget. that to the crew of the submarine USS have to end Medicare as we know it.’’ Under most circumstances, I always Boise who can’t deploy because their Others will talk about how he has give the benefit of the doubt to the in- boat is no longer qualified to dive and agreed with the characterization of So- coming President for obvious reasons; can’t receive required upkeep because cial Security as a Ponzi scheme; that that he is the choice of the American of chronic maintenance backlogs. Tell he has advocated raising the Social Se- people. So it is with great reluctance that to the thousands of Navy sailors curity eligibility age to 70, even for that I come to the floor of the Senate who have picked up the slack for an people who would be as old as 59 right to rise in opposition to the nomination overworked Navy by going on extended now and maybe having worked in phys- of Congressman MICK MULVANEY. deployments and spending more and ical labor all of their lives. Yes, he has President Trump has committed to more time away from their families, advocated dramatic changes in disman- ‘‘end the Defense sequester and rebuild all because of the defense cuts. tling Medicare and Social Security in our military.’’ Earlier this month, the Congressman MULVANEY’s beliefs, as many ways. I would like to focus on President promised troops at revealed by his poor record on defense the fact that he thinks it is OK to de- CENTCOM headquarters that his ad- spending, are fundamentally at odds fault on the debt, that he thinks a gov- ministration ‘‘will make an historic fi- with President Trump’s commitment ernment shutdown was good policy in nancial investment in the armed forces to rebuild our military. This record terms of making a point, and that he of the United States.’’ I fully support can’t be ignored in light of the signifi- has supported indiscriminate cuts to the President’s commitment. I fear cant authority exercised by the Direc- our defense budget that were a blunt that Congressman MULVANEY, as the tor of the OMB over the Federal budg- instrument based on an ideology and Director of the Office of Management et. not a thoughtful position based on our and Budget, does not. Almost every one of my colleagues in national security. I believe we must rebuild our mili- this body—all but one—voted for Jim I listened to Mr. MULVANEY as he said tary while at the same time putting Mattis to be Secretary of Defense be- to me in a one-on-one meeting how he our Nation on a sustainable, long-term cause they knew he was the right lead- would prioritize the debts he would pay fiscal path. We can and must do both. er to help the Department of Defense if he defaulted on the debt. Wouldn’t Unfortunately, Congressman confront growing threats to our na- that be a great addition to the chaos MULVANEY has spent his last 6 years in tional security. I share that same con- we are all feeling right now; that the the House of Representatives pitting fidence, but I also know he can’t do it U.S. Government would be Turkey or the national debt against our military. alone. Voting in favor of Congressman Greece or another country that is hav- He offered amendments in support of MULVANEY’s nomination would be ask- ing trouble meeting its obligations. cutting our national defense funding ing Secretary Mattis to spend less time We have been a beacon on the Hill year after year after year. fighting our enemies overseas and more not just for freedom and not just for As my colleagues and I sought re- time fighting inside the beltway budget liberty but a beacon on the Hill in peatedly to find legislative solutions to battles with an OMB Director with a terms of economic strength. The no- reverse dangerous defense cuts and deep ideological commitment to cut- tion that we would not rise to our obli- eliminate arbitrary defense spending ting the resources available to his De- gations—understanding, as Congress- caps, it was Congressman MULVANEY partment. man MULVANEY does, that this is not a and his allies who repeatedly sought to Congressman MULVANEY’s record is spending issue; this is a meeting-our- torpedo these efforts. equally troubling when it comes to for- obligations issue. This is like buying a In 2013, Congressman MULVANEY suc- eign policy. Apparently, Congressman pickup truck and halfway through the ceeded in passing an amendment to cut MULVANEY shared President Obama’s payments you decide you don’t want to $3.5 billion from the Defense appropria- naive assumptions about Russia’s pay anymore. This isn’t a matter of de- tions bill. His website featured an arti- threat to Eastern security when he ciding whether you are going to buy cle touting the achievement, but when voted to require the withdrawal of two the pickup truck in the first place. I asked him about that vote during his Army brigade combat teams from Eu- That is the appropriations process. confirmation hearing, Congressman rope in 2012. He compounded the error Raising the debt limit is merely decid- MULVANEY said he didn’t remember in 2013 when he voted to withdraw the ing we are going to pay our obliga- that amendment. I think anybody who 2nd Cavalry Regiment from Europe. tions. treats our national defense with the se- Congressman MULVANEY and others

VerDate Sep 11 2014 01:53 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.041 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1190 CONGRESSIONAL RECORD — SENATE February 15, 2017 supported these withdrawals in the body considers a budget resolution for I predicted in an opinion piece in the name of saving money, but the short- the coming fiscal year and Defense au- Washington Post that advocates and sighted decision to withdraw troops thorization bill and a Defense appro- interest groups would want to know and capabilities from Europe ended up priations bill, and I will continue to how the nominee would decide par- costing the taxpayers billions more, stand on principle in fighting to bring ticular cases before those cases ever not less. a full repeal of the Budget Control reached the Court to make sure the When Russia invaded Ukraine in 2014, Act’s discretionary spending caps to nominee is on the right team. I was America’s military presence in Europe the floor of the Senate. right. was inadequate to the scale and scope For 6 years now, Washington dys- Our Nation’s Founders would have of Russia’s threat to our interests and function has imposed very real con- been embarrassed by such questions. our allies. Addressing this problem has sequences on the thousands of Ameri- Instead, the questions we ask should required billions of dollars in new in- cans serving in uniform and sacrificing focus on whether the nominee will in- vestments to enhance our deterrent on our behalf all around the Nation and terpret and apply the law faithfully posture in Europe; in other words, the world. and neutrally no matter what the issue American taxpayers, quite literally, From Afghanistan to Iraq and Syria, is. After all, that is what our Constitu- paid the price for the strategic mistake to the heart of Europe, to the seas of tion demands. of withdrawing from Europe, supported Asia, our troops are doing everything Our Founders are not the only ones by Congressman MULVANEY. we ask of them. It is time for those of who would be embarrassed. I have been In 2011, Congressman MULVANEY us in this body to do all we can for in the Senate for the last dozen Su- voted for the immediate withdrawal of them. So long as I serve as chairman of preme Court confirmations. Every all U.S. troops from Afghanistan. I re- the Armed Services Committee, it is nominee we have considered has right- peat that. This is not a typographical my pledge to do just that. ly refused to answer such questions. error. In 2011, Congressman MULVANEY Mr. President, I yield the floor. Consider, for example, Justice Gins- voted for the immediate withdrawal of The PRESIDING OFFICER. The Sen- burg’s response at her confirmation all U.S. troops from Afghanistan. Con- ator from Utah. hearing. She said: NOMINATION OF NEIL GORSUCH gressman MULVANEY voting to abandon A judge sworn to decide impartially can America’s mission to prevent Afghani- Mr. HATCH. Mr. President, 2 weeks offer no forecasts, no hints, for that would stan from becoming a safe haven for ago, President Trump nominated Tenth show not only disregard for the specifics of terrorists to attack our homeland as Circuit judge Neil Gorsuch of Colorado the particular case, it would display disdain they did on September 11, is disturbing to fill the vacancy left by the death of for the entire judicial process. enough, but Congressman MULVANEY’s Supreme Court Justice Antonin Scalia. Just last month in a speech in Ari- testimony during his confirmation Judge Gorsuch, in my opinion, is the zona, Justice Sotomayor had an even hearing that he did so at the urging of ideal choice to fill this seat. He has im- stronger warning against asking and a single constituent, with no apparent peccable credentials and a decade-long answering such questions. She said: regard for the national security con- record on the bench demonstrating a What you want is for us to tell you how as sequences, leaves me with serious keen understanding of the proper role a judicial nominee we’re going to rule on the doubts about his judgment on matters of a judge. important issues you find vexing. . . . Any of national security. Given the increasingly contentious self-respecting judge who comes in with an Beyond matters of defense and na- nature of the confirmation process, it agenda that would permit that judge to tell tional security policy, I am also con- is not surprising that many of my col- you how they will vote is the kind of person you don’t want as a judge. cerned about Congressman MULVANEY’s leagues on the other side of the aisle support for reckless budget strategies and their special interest group allies So let’s stop with this nonsense of that led to a government shutdown. He are stretching to find anything objec- trying to get Judge Gorsuch to pre- made frequent attempts to diminish tionable about Judge Gorsuch, no mat- judge issues that could come before the the impact of the shutdown by refer- ter how ridiculous. Court. I hope my colleagues appreciate ring to it as a ‘‘government slowdown,’’ Today, I wish to address one of their the irony in asking a judge to say how or the more Orwellian term, ‘‘tem- latest, most outlandish claims: that they would rule on particular issues in porary lapse in appropriations.’’ There Judge Gorsuch would not serve as an order to prove that the judge is judi- are few people whose views and record independent check on the executive cially independent. I agree with Justice are more representative of the dysfunc- branch. For example, last week in Po- Sotomayor: A nominee who will tell tion that has gripped Washington for litico, Senator SCHUMER, the distin- you how she would vote is the kind of the last several years than that atti- guished Senator from New York, de- person you do not want as a judge. tude. clared in an opinion piece: ‘‘The most But if judicial independence really is Over my 30 years in the Senate, I important factor in assessing a Su- the most important factor, as Senator have shown great deference to Presi- preme Court nominee . . . is whether SCHUMER suggests, then this confirma- dents of both parties in selecting mem- or not the potential justice will be an tion process should be the easiest one bers of their Cabinet, but I cannot on independent check on an executive who in the Senate’s history. Over 11 years this nominee. My decision to oppose may act outside our nation’s laws and on the Tenth Circuit, Judge Gorsuch this nomination is not about one per- the Constitution.’’ Senator SCHUMER has consistently demonstrated in his son. It is not about one Cabinet posi- doubled down on these comments in judicial opinions and other writings tion. This is not personal. This is not the New York Times. There, he argued that he deeply values the constitu- political. This is about principle. This that it was impossible for him to dis- tional separation of powers between is about my conviction as chairman of cern Judge Gorsuch’s judicial inde- the three branches of the Federal Gov- the Senate Armed Services Committee pendence when they met in person. ernment. Judge Gorsuch understands that providing for the common defense Why? Because Judge Gorsuch refused that the Constitution gives each is our highest constitutional duty and to say how he would rule on specific branch distinct roles: Congress makes that rebuilding our military must be issues or how he would review par- the laws, the President enforces those the No. 1 priority of the Congress and ticular government actions. These mis- laws, and the courts interpret those the White House. leading narratives are an irrelevant, laws and the Constitution. The I will vote to oppose Congressman wasteful distraction from our consider- branches may act only according to the MULVANEY’s nomination because it ation of Judge Gorsuch’s sterling powers the Constitution grants them, would be irresponsible to place the fu- record and the merits of confirming with the remaining powers and rights ture of the defense budget in the hands him to the Supreme Court. reserved to the States and ultimately of a person with such a record and Last month, I warned that the left to the people. judgment on national security. would use these diversion tactics in an With respect to the power of the ex- This is the beginning, not the end, of attempt to discredit the President’s ecutive branch, Judge Gorsuch has a the fight to rebuild our military. I will nominee. Shortly before Judge strong record of reining in actions continue to stand on principle as this Gorsuch’s nomination was announced, which violate the Constitution and the

VerDate Sep 11 2014 01:53 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.042 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1191 law. Perhaps the best example is his In my 40 years in the Senate, I have in Gutierrez-Brizuela v. Lynch, the Attorney opinion in the immigration case reviewed the record of hundreds of General had attempted to apply a new agen- Gutierrez-Brizuela v. Lynch. There, the nominees for the Federal bench. I don’t cy rule retroactively to prohibit a noncitizen from receiving relief under federal immigra- Attorney General attempted to apply a think I have ever reviewed the record tion law. Writing for the U.S. Court of Ap- new agency rule retroactively prohib- of a nominee who better understands peals for the 10th Circuit, Judge Gorsuch iting a noncitizen from receiving relief his proper role under the Constitution concluded that such action exceeded the ex- under Federal immigration law. Writ- than Judge Gorsuch. Consider, for ex- ecutive’s power to enforce the law. In a sepa- ing for the Tenth Circuit, Judge ample, Judge Gorsuch’s touching trib- rate opinion, he went one step further and Gorsuch ruled that such action exceed- ute to Justice Scalia that was pub- expressed concerns about how judge-made ed the executive’s power to enforce the lished last year in the Case Western doctrines that require judicial deference to law. Reserve Law Review. In that speech, federal agency actions—namely, Chevron deference and its progeny—’’permit execu- In a separate opinion, he noted that Judge Gorsuch eloquently explained tive bureaucracies to swallow huge amounts there is an elephant in the room: the how judges should not be in the busi- of core judicial and legislative power and so-called Chevron deference doctrine, ness of ruling in ways that reflect their concentrate federal power in a way that which requires courts to defer to Fed- own political views or policy pref- seems more than a little difficult to square eral agency interpretations of the law erences. Judges, after all, are not elect- with the Constitution of the framers’ de- we pass. He expressed constitutional ed legislators. Instead, judges should sign.’’ Judge Gorsuch then proceeded to pro- concerns about Chevron deference. interpret the law as written. They vide a textbook explanation of the proper separation of powers between the three Judge Gorsuch wrote: must start with the text of the statute branches, concluding that ‘‘[i]t was to avoid [T]he fact is Chevron . . . permit[s] execu- and then utilize the traditional tools of dangers like these, dangers the founders had tive bureaucracies to swallow huge amounts statutory interpretations to discern studied and seen realized in their own time, of core judicial and legislative power and the meaning of any particular law. that they pursued the separation of powers. concentrate federal power in a way that Judge Gorsuch understands, to bor- A government of diffused powers, they knew, seems more than a little difficult to square row from Alexander Hamilton, that the is a government less capable of invading the with the Constitution of the framers’ design. judiciary should be the least dangerous liberties of the people.’’ Nor is Judge Gorsuch a supporter of federal Maybe the time has come to face the behe- branch. These aren’t just words; Judge moth. judges who go beyond their constitutional Gorsuch’s judicial record confirms that Judge Gorsch then proceeded to pro- role in interpreting the law. As Judge he lives this judicial philosophy of re- Gorsuch has eloquently explained, ‘‘judges vide a textbook explanation of the straint and humility. should be in the business of declaring what proper separation of powers under our In an essay I published last week on the law is using the traditional tools of in- Constitution. As he stated, the Found- SCOTUSblog, I reviewed a number of terpretation, rather than pronouncing the ers included a strong separation of judicial opinions by Judge Gorsuch law as they might wish it to be in light of powers in the Constitution because ‘‘[a] that demonstrate his commitment to their own political views, always with an eye on the outcome, and engaged perhaps in government of diffused powers, they the separation of powers and the proper knew, is a government less capable of some Benthamite calculation of pleasures role of a judge in our Federal system. I and pains along the way.’’ It is not judges’ invading the liberties of the people.’’ will not go through all of those cases role to make or change laws by imposing As my colleagues know, I am no fan here, but I ask unanimous consent that their own policy preferences instead of what of Chevron deference. Last Congress, I the essay be printed in the RECORD. Congress actually passed. It is not their role introduced the Separation of Powers There being no objection, the mate- to look beyond the text of the law to con- Restoration Act to get rid of it. As I rial was ordered to be printed in the sider their personal views and feelings. And noted when I introduced the legisla- RECORD, as follows: it is not their role to choose winners and los- ers based on subjective beliefs that favor one tion, regulators have taken advantage [From SCOTUSblog] of the courts’ deference under Chevron group over another. Judge Gorsuch’s opin- WORRIED ABOUT THE SEPARATION OF POWERS? ions reinforce his judicial philosophy of re- to shoehorn the law for their own polit- THEN CONFIRM JUDGE GORSUCH straint and humility and his proper under- ical agenda, expanding their authority (By Senator Orrin Hatch) standing—to borrow from Alexander Ham- well beyond congressional intent. But Last week, President Donald Trump nomi- ilton—that the judiciary should be the ‘‘least the Constitution’s separation of powers nated Judge Neil Gorsuch to replace Justice dangerous’’ branch. makes clear that it is the responsi- Antonin Scalia on the U.S. Supreme Court. Consider, for example, United States v. bility of the courts, not the bureauc- Judge Gorsuch is an ideal choice to fill this Games-Perez. There, the 10th Circuit upheld racy, to interpret the law. So I am seat: He has impeccable credentials and a a conviction for possession of a firearm by a pleased Judge Gorsuch understands decade-long record on the bench dem- felon. The criminal defendant argued that he onstrating a keen understanding of the prop- was unaware that he was a convicted felon, that the Constitution requires Federal er role of a judge. Given the increasingly but the court rejected this argument as fore- judges to serve as an independent contentious nature of the confirmation proc- closed by the court’s prior precedent. Judge check on how Federal agencies inter- ess, it is no surprise that many Democrats Gorsuch penned a separate opinion. He pret the laws we enact. are stretching to find anything objectionable agreed that the court was bound by its own Separation of powers is not just about Judge Gorsuch, no matter how ridicu- precedent, but he wrote separately to urge about ensuring that the executive lous. In the current political environment, the court to reconsider its precedent in light branch performs its proper role of exe- they have focused much of their criticism on of the plain text of the statute that requires cuting the law; separation of powers is one particularly strained argument: their the government to prove the defendant knew claim that Justice Gorsuch would not serve he was a convicted felon. As Judge Gorsuch also about making sure Federal judges as an independent check on the executive explained, ‘‘we might be better off applying understand their proper role under the branch. the law Congress wrote than the one [the Constitution. As Chief Justice Mar- Fortunately, we do not have to speculate court] hypothesized. It is a perfectly clear shall famously explained in Marbury v. about how Justice Gorsuch would decide law as it is written, plain in its terms, Madison, judges have a constitutional these kinds of cases. Judge Gorsuch has con- straightforward in its application.’’ He con- duty to say what the law is. Simply sistently demonstrated in his judicial opin- tinued: ‘‘Of course, if Congress wishes to re- put, judges must be faithful inter- ions and other writings that he deeply values vise the plain terms of [the statute], it is preters of our laws and the Constitu- the constitutional separation of powers be- free to do so anytime. But there is simply no tween the three branches of the federal gov- right or reason for this court to be in that tion. ernment. Judge Gorsuch understands that business.’’ Under our constitutional separation the Constitution gives each branch distinct Sometimes a judge is asked to consider the of powers, it is not the role of Federal roles: Congress makes the laws, the Presi- proper separation of powers between all judges to make or change laws by im- dent enforces those laws, and the courts in- three branches. For instance, in Hobby posing their own policy preferences. It terpret those laws and the Constitution. The Lobby Stores, Inc. v. Sebelius, the 10th Cir- is not their role to look beyond the law branches may act only according to the pow- cuit considered whether certain regulations to consider their personal views and ers the Constitution grants them, with the issued by the U.S. Department of Health and Human Services under the Patient Protec- feelings. And it is not their role to remaining powers and rights reserved to the states and, ultimately, to the people. tion and Affordable Care Act violated the choose winners and losers based on sub- With respect to the power of the executive plaintiffs’ rights under the Religious Free- jective beliefs that favor one group branch, Judge Gorsuch has a strong record of dom Restoration Act. In particular, the over another. reining in unlawful overreach. For instance, plaintiffs argued that the regulations’ health

VerDate Sep 11 2014 01:53 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.044 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1192 CONGRESSIONAL RECORD — SENATE February 15, 2017 insurance mandate for employers violated The bottom line is, even a casual re- All told, the tax provisions of the Af- RFRA’s statutory protections on religious view of Judge Gorsuch’s opinions fordable Care Act represented a tril- freedom by forcing employers to provide should eliminate any concerns my col- lion-dollar hit on the U.S. economy in health insurance coverage for abortion- leagues may have concerning Judge the first 10 years, and the burdens of inducing drugs and devices. Judge Gorsuch’s the vast majority of these taxes are ul- opinion explained why the owners of one of Gorsuch’s commitment to the Con- the plaintiff companies were entitled to re- stitution’s separation of powers. Any timately borne by patients and con- lief under RFRA. As an initial matter, he review would lead to that conclusion. sumers in the form of higher costs, noted that the owners’ ‘‘religious convic- In his opinions, Judge Gorsuch has re- larger tax bills, and reduced value in tions are contestable’’ and that ‘‘[s]ome may sisted executive branch efforts to make existing health plans and savings ac- even find [their] beliefs offensive,’’ but that laws as opposed to merely enforcing counts. RFRA ‘‘does perhaps its most important those laws. Judge Gorsuch’s opinions I know some of my colleagues like to work in protecting unpopular religious be- and other writings make the compel- plead ignorance on the notion that liefs.’’ ling case for separation of powers in a taxes on a particular industry tend to Judge Gorsuch then turned to the statu- be passed along to that industry’s con- tory interpretation question at issue and way that finds few rivals on the cur- noted that the case was a ‘‘tale of two stat- rent Federal bench. sumers, but it is a fact that can’t be ig- utes.’’ Wrote Judge Gorsuch: ‘‘The ACA com- If my colleagues are truly concerned nored. Taxes on health insurance plans pels the [plaintiffs] to act. RFRA says they about the proper separation of powers increase premiums for patients. Taxes need not. We are asked to decide which legis- between the three branches of govern- on drug companies make drugs more lative direction controls.’’ To decide which ment, there is a simple solution: Con- expensive. Taxes on medical device statute controlled, he did not defer to the ex- firm Judge Gorsuch as an Associate sales increase the costs of those de- ecutive branch’s position on the matter. Nor Justice on the United States Supreme vices. did he seek to impose his own policy pref- It is not a complicated concept; it is erences. To the contrary, he noted that Court. REPEALING AND REPLACING OBAMACARE the natural byproduct of tax provisions ‘‘[t]he tiebreaker is found not in our own negotiated with stakeholders behind opinions about good policy but in the laws Mr. President, I want to once again Congress enacted.’’ Because ‘‘Congress struc- discuss the ongoing effort to repeal and closed doors under threat of increased tured RFRA to override other legal man- replace the so-called Affordable Care government intrusion and market reg- dates, including its own statutes, if and Act. This is one of our most vexing ulation. These taxes weren’t drafted when they encroach on religious liberty,’’ issues of the day. Of course, this isn’t solely to pay the cost of ObamaCare; and ‘‘because the government identifies no the first time I have come to the floor they were also part of a strategy to get explicit exclusion in the ACA to its dic- the law through Congress, dividing the to discuss ObamaCare, and I am fairly tates,’’ Judge Gorsuch concluded, RFRA’s di- business community and pitting indus- certain it won’t be the last. rective prevailed. tries against one another to prevent Even a casual review of Judge Gorsuch’s I was here just last week, in fact, opinions should eliminate any concerns my talking about the general unanimity widespread opposition. As I said, at the Senate colleagues may have concerning his among Republicans on these issues, de- end of the day, it is patients and con- commitment to the Constitution’s separa- spite the seemingly eternal focus on sumers—individuals and families—who tion of powers. In his opinions, Judge the supposed divisions among our pay most of the freight on these types Gorsuch has resisted executive branch ef- ranks. While some are still advancing of tax policies. forts to make laws as opposed to merely en- Don’t take my word for it. Let’s look that narrative, Republicans are, over- forcing those laws as written. Indeed, his at one major example. Congress’s non- all, still united in our desire to repeal opinions and other writings cogently make partisan scorekeeper, the Joint Com- the case for this approach to separation of and replace ObamaCare. As I said last mittee on Taxation, indicated that, by powers in a way that finds few rivals on the week, I don’t know if there is a single and large, the tax on health insurance federal bench and reminds me much of the Republican in Congress who supports premiums would be passed along to case Justice Scalia made during his time on keeping the healthcare status quo in the Court. Judge Gorsuch, moreover, has health insurance policyholders. place. All of us want to right what Mr. President, I ask unanimous con- been a model of respect for the proper judi- went wrong with the poorly named Af- cial role, a judicial philosophy under which sent to have printed in the RECORD a ‘‘judges seek to interpret texts as reasonable fordable Care Act and provide patients letter from the JCT to Senator GRASS- affected parties might have done rather than and consumers with more healthcare LEY, dated October 28, 2009. rewrite texts to suit their own policy pref- choices that address healthcare costs. There being no objection, the mate- erences.’’ Most differences of opinion that do rial was ordered to be printed in the To be sure, that Justice Gorsuch would be exist on these matters are more about RECORD, as follows: a fierce defender of the separation of powers timing than anything else. As I have and the rule of law does not mean his rulings CONGRESS OF THE UNITED STATES, said before, I support moving quickly JOINT COMMITTEE ON TAXATION, will match his policy preferences, much less to repeal ObamaCare and include as mine. In fact, in his tribute speech to Justice Washington, DC, October 28, 2009. Scalia last year, Judge Gorsuch embraced many replacement policies as possible Hon. CHARLES E. GRASSLEY, Justice Scalia’s philosophy of judicial re- under the rules of the reconciliation Ranking Member, Committee on Finance, U.S. straint: ‘‘If you’re going to be a good and process. More specifically, I support re- Senate, Washington, DC. DEAR RANKING MEMBER GRASSLEY: You re- faithful judge, you have to resign yourself to pealing ObamaCare’s harmful taxes, quested that we provide you with an analysis the fact that you’re not always going to like and I will explain why. of the incidence of the insurance industry fee the conclusions you reach.’’ That is precisely Put simply, the tax provisions in provision of S. 1796, the ‘‘America’s Healthy why Judge Gorsuch is the right choice for ObamaCare were poorly conceived and Future Act,’’ our estimate of the effect on the Supreme Court. recklessly enacted, and they are harm- the after-tax price of purchased health insur- Mr. HATCH. To be sure, that Justice ful to our economy. Those taxes came ance, and a distributional analysis of the Gorsuch would be a fierce defender of in a number of forms, including the provision. the separation of powers does not mean employer mandate and the individual INSURANCE INDUSTRY FEE his rulings will match his policy pref- mandate, both of which are enforced Sec. 6010 of S. 1796 would impose an annual erences. As Justice Scalia wisely re- through the Tax Code. fee on any covered entity engaged in the marked, good and faithful judges will In addition, there is the health insur- business of providing health insurance with not always like the conclusions they ance tax, the Cadillac tax, along with respect to United States health risks. Under the provision, employers who self-insure reach in interpreting the law. And it new taxes on healthcare savings and their employees’ health risks and govern- certainly does not mean that his rul- pharmaceuticals. ObamaCare also in- mental entities are not covered entities. ings will match my policy preferences cluded a payroll tax hike for some The fee applies for calendar years begin- or those of my colleagues. As I have re- high-income earners as well as addi- ning after 2009. The aggregate annual fee for peatedly stated on this floor over dec- tional taxes on investing. And, of all covered entities is $6.7 billion. Under the ades, that is not the proper inquiry course, we cannot forget the medical provision, the aggregate fee is apportioned when we assess the qualifications of a device tax, which, in just the first 3 among the covered entities based on a ratio designed to reflect theft relative market nominee to the Federal bench. Federal years that ObamaCare was imple- share of U.S. health business. judges must be judges, not super-legis- mented, resulted in more than 30,000 For each covered entity, the fee for a cal- lators. lost jobs in that important industry. endar year is an amount that bears the same

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Our estimate is that the to (2) the aggregate net premiums written of However, the absence of many competitors premiums for purchased health insurance all covered entities during such preceding does not by itself imply that there is no com- policies, including the tax liability, would be calendar year with respect to such health in- petitive pressure on prices. The threat of po- between 1.0 and 1.5 percent greater than they surance. tential entrants may provide competitive otherwise would be as a consequence of the INCIDENCE OF INSURANCE EXCISE TAXES price pressure on the existing firms. Further- industry fee for calendar years 2010, 2011, and more, the option to self-insure may provide a 2012. The proposed fee is similar to an excise tax source of potential competition for full, pur- based on the sales price of health insurance DISTRIBUTIONAL ANALYSIS OF THE INSURANCE chased insurance, at least for larger firms. contracts. The effective excise tax rate var- INDUSTRY FEE If the insurance industry is not perfectly ies from year to year depending upon the ag- Regardless of the determination of the eco- competitive in a particular market, the gregate value of health insurance sold. The nomic incidence of the proposed insurance question remains as to what extent an insur- economic incidence of an excise tax imposed industry fee of S. 1796, at the present time ance excise tax would be borne by consumers on sale of health insurance contracts (that the staff of the Joint Committee on Taxation or producers in that market. Theoretical is, who actually bears the cost of the tax) is not able to distribute the effects across in- analysis has shown that, depending upon may differ from the statutory incidence of dividuals on our individual tax model. The market conditions, the price could increase the tax (that is, the person on whom the tax proposed insurance industry fee would apply by: (1) more than the amount of the tax; (2) is levied). Taxes may be borne by any of the only to the revenues from underwritten poli- exactly the amount of the tax; or (3) less following: consumers in the form of higher cies sold to third parties. It would not apply than the amount of the tax. Various empir- prices; owners of firms in the form of lower to the value of health benefits received by ical studies have examined the effect of ex- profits; employees in the form of lower individuals through their employers who cise taxes on prices in less than perfectly wages; or other suppliers to firms in the self-insure the health risks of their employ- competitive markets. Studies of the tobacco form of lower payments. This makes gen- ees. Our individual tax model is based upon industry suggest that manufacturers pass on eralizations about the incidence of taxes dif- a sample of approximately 180,000 actual tax more than the full amount of the tax, while ficult to make. Nonetheless, two principles returns. To distribute proposed tax changes studies of less than perfectly competitive re- have general validity. First, economic inci- related to economic activity that is not al- tail gasoline markets in rural areas suggest dence does not depend on whom the tax is ready reflected on the individual tax return that producers pass on nearly all of the tax. levied. Whether the statutory incidence of we impute values or statistically match sup- Even in the rural retail gasoline markets in the tax is on the consumer, the employer, or plemental information such as data gathered which gas stations may be the sole provider the insurer, the economic incidence is the by the Census Bureau, to the individual tax of gasoline for many miles and firms exhibit same regardless of who writes the check to returns of our model. For our quantitative some pricing power, nearly 95 percent of the the government. Second, taxes are shifted analysis of employer-provided health bene- excise tax is still passed on to consumers. from those who are more sensitive to price fits we have made such imputations of data While uncertainty exists, we assume that a changes (economists describe these individ- relating to employees’ employer-provided very large portion of the excise tax on pur- uals and entities as having more ‘‘elastic’’ health care benefits to the individual model. chased insurance will be borne by consumers supply and demand) to those who are less These imputations are based on the data col- in most markets, including in some markets sensitive to price changes (those with more lected as part the Medical Expenditure Panel with a high level of concentration among ‘‘inelastic’’ supply and demand). Survey (‘‘MEPS’’), a survey undertaken by market participants covered by the proposed In the case of competitive markets, an ex- the Agency for Healthcare Research and excise tax. In the context of general health cise tax generally is borne entirely by con- Quality of the Department of Health and care reform legislation, this assumption is sumers in the form of higher prices in the Human Services, However, the imputations further supported by the presence of an ex- long term. An excise tax increases the cost we have made to the individual tax model at cise tax on individuals without minimum es- of producing an additional unit, or incre- this time relate only to the value of em- sential benefits coverage, which is likely to mental cost, of the taxed good by the ployer expenditures for the health care of make demand for insurance somewhat less amount of the tax. In a competitive market, their employees. These imputations do not sensitive to changes in price, as consumers market forces cause the after-tax price of a generally distinguish between the employ- will have to buy insurance or face a penalty. good to equal the additional cost of pro- ers’ purchased insurance coverage and bene- While consumers (or employers) may respond ducing and selling another unit of the good. fits for which the employer self-insures. Con- by changing their insurance coverage from Competition drives the price down to equal sequently, we are unable to distribute either more expensive coverage to less expensive the incremental cost of the provision of the the economic incidence or the revenues gen- plans to offset any potential price increase, good or service, including the return to in- erated from the proposed fee of S. 1796, which this behavior too is properly characterized as cremental invested capital. If supply is per- applies only to purchased health insurance, the consumers bearing the burden of the ex- fectly responsive to price changes, any price I hope this information is helpful to you. cise tax by accepting lower quality (for ex- above incremental cost would induce new Please contact me if we can be of further as- ample, a more restricted physician network) firms to enter and increase production until sistance, for the same price rather than paying a high- prices were bid back down to incremental Sincerely, er price for the quality of insurance that cost. Similarly, any price below incremental THOMAS A. BARTHOLD. they would prefer if there were no tax. To cost would induce firms to exit or reduce Mr. HATCH. While we are setting the the extent that firms can avoid the tax by production (because they would now be los- switching from full insurance to self-insur- record straight on ObamaCare, my col- ing money selling the taxed good). The re- ance, this may suggest that insurers are un- leagues on the other side have repeated duction in supply allows prices to increase able to pass on the full cost of the excise tax a particular false claim that needs cor- back up to incremental cost. on purchased insurance. Increased self-insur- This response may be observed even if rection. My Democrat friends are fond ance from firms avoiding the excise tax may some of the participants in the competitive of characterizing the repeal of increase the cost of this health benefit to market do not seek to maximize profits as ObamaCare as a tax cut for high-in- employees as firms that previously chose full their primary objective. Tax-exempt and come earners and a tax increase for insurance, presumably because it cost less in nonprofit producers may also pass on the tax low- and middle-income taxpayers. the absence of the excise tax than self-insur- as they also face the increased incremental ance, switch to higher cost self-insurance. That claim is simply false. cost, which they will need to recover. If they Additionally, to the extent that insurers According to JCT, the Joint Com- cannot, for example, raise additional funds maintain some pricing power in the adminis- mittee on Taxation, the Affordable from donors, effectively passing the tax on trative services that they provide self-insur- Care Act imposed significant and wide- to them, their alternative is to pass on the ers, the self-insurance market may bear tax to consumers in the form of higher spread tax increases on taxpayers earn- some of the burden of the excise tax as well. prices. ing less than $200,000 a year, despite While consumers are thought to bear the EFFECT OF THE FEE ON THE COST OF PURCHASED President Obama’s repeated promises burden of excise taxes in competitive mar- HEALTH INSURANCE that the law would not do so. In fact, in kets, some may question the degree of com- The aggregate value of the proposed fee is 2017, a single provision—the reduction petition in health insurance markets. Recent the same for each year. The current law in the deductibility of catastrophic surveys have noted that many markets are baseline for health insurance premiums losses—is projected to raise taxes on characterized by the presence of only a few projects rising health insurance premiums 13.8 million taxpaying families and in- firms. Additionally, there may exist barriers annually through the budget period. Con- to entry in the health insurance market, in- sequently the magnitude of the proposed fee dividuals, mostly from the middle cluding multiple State regulatory require- declines annually relative to the sale of class. That is more than the number of ments, the cost of establishing health pro- health insurance. Given the incidence anal- taxpayers who receive exchange credits vider networks, health provider network ef- ysis discussed above, while there is and other premium subsidies under

VerDate Sep 11 2014 01:53 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.005 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1194 CONGRESSIONAL RECORD — SENATE February 15, 2017 current law. That is just one example. agencies. It is a big and challenging ing their checks, real people with real There are others. job. families to feed. Congressman Fortunately, we have been able to Many other nominees for positions in MULVANEY doesn’t seem to care about forestall the impact of a number of the the Cabinet are well known and have these real-world consequences of a ObamaCare tax provisions. We have been debated on the floor of the Sen- shutdown. Instead, he called the shut- fought and negotiated long and hard to ate. Today I come to say a few words down of the Federal Government ‘‘good do so, but virtually all of those taxes about the record of this Congressman, policy.’’ Those are his words: ‘‘good are still looming on the ObamaCare ho- MICK MULVANEY, who is seeking this policy.’’ rizon. directorship of the Office of Manage- Then, when we finally reached an Most of us on the Republican side ment and Budget. It is a very inter- agreement to reopen the government, have been fighting these taxes more or esting record. he was one of the few Members of the less since the day ObamaCare was It is not unusual for Members of the House to vote against the compromise signed into law. We have highlighted House and the Senate to have unusual in reopening the government. their harmful impact on the economy positions on issues. I guess each one of In recent years, he has repeated his and decried the crony capitalism that us has something we believe intensely calls. He is willing to shut down the was behind the effort to draft and that other people question. When it government of the United States of enact them. comes to Congressman MULVANEY, America to defund Planned Parent- Given this long history, at least in there is a long litany of positions he hood. This man wants to craft our na- my view, it is essential that we repeal has taken that are far out of the main- tional budget, and he would shut down all of these taxes, along with the rest stream of either political party. Yet the government over one provision in of ObamaCare. It is difficult to imagine President Donald Trump decided this is that budget? That is what he said. how Republicans, who are now in the the man, this is the person he wanted Time and again, he has taken ex- majority in large part due to the prom- to head up his budgeting effort. This is treme positions on the Federal budget. ises we made to repeal and replace the the person he wants to set the prior- We have a standing tradition in the Affordable Care Act, can now sift ities for spending in the United States House and the Senate. Since not one of through ObamaCare’s taxes and decide of America during his Presidency. us can predict when the next natural which ones are the least objectionable If you look at the record of MICK disaster is going to occur, we try to so that we can use them to pay for our MULVANEY, you will find that he has help one another. own healthcare reforms. had an eagerness to dictate large and I have voted for funds during the ObamaCare isn’t problematic simply draconian cuts across the Federal Gov- course of my congressional career for because healthcare costs are not going ernment in some of our most impor- disasters in probably every State in the up; it was fundamentally flawed at the tant and most cherished programs. Let union. Do you know why? Because I outset. The way the law was drafted me tell you about a few that highlight knew the day would come—and it did, was, and still is, a problem. The way his record in Congress. Each one of several times during my tenure in the the law was negotiated—with stake- these that I will speak to, if advanced House and Senate—when there would holders being played against each by the Director of the Office of Man- be a natural disaster in my State, and other—was, and still is, a problem. Of agement and Budget, would have far- we needed a helping hand, emergency course, the way the law was paid for reaching consequences on families and disaster assistance. That is a tradition was, and still is, a problem. The individuals across the United States, which has been around Congress—I can ObamaCare taxes are a big part of this not only in the operation of govern- go back almost centuries to see it in equation. In my view—and, I think, the ment but also in the effectiveness of past history. view of the vast majority of my Repub- our Federal workforce. Listen to what Congressman lican colleagues—they have to go. To start with—and this, I think, is MULVANEY did. He tried to block emer- As I said, there really are not wide- the right place to start—Congressman gency disaster assistance to States spread disagreements among Repub- MULVANEY, who seeks the position of that desperately needed the help of the licans on these issues. Overall, we Director of the Office Management and Federal Government in their recovery broadly agree on the fundamental Budget, has repeatedly led efforts to efforts. He offered a poison pill amend- issues surrounding ObamaCare, and, as shut down the Federal Government. ment to the Hurricane Sandy relief I noted last week, it is not all that When Mr. MULVANEY and the Repub- package that would have required problematic to have some differences licans succeeded in shutting down the across-the-board cuts in military of opinion on the initial stage, so long government for 16 days in 2013, it cost spending—military spending—to pay as we can overcome those differences the American economy $20 billion. Do for disaster relief from Hurricane in the end. I think we can do that. you remember that? Sandy. Then he went further and said: More importantly, I think we will. Rush Limbaugh got on his radio show Not just military spending, I want cuts Mr. President, I yield the floor. and said: If they shut down the govern- in entitlement programs—Medicare, The PRESIDING OFFICER (Mr. LEE). ment, no one will even notice. Medicaid. Let’s cut the healthcare as- The Senator from Illinois. Guess what, Mr. Limbaugh. They no- sistance for Americans to pay for that Mr. DURBIN. Mr. President, pending ticed. disaster. That is his idea of social jus- before the U.S. Senate is the nomina- All across America, working families tice. tion of MICK MULVANEY, a Congressman paid the price for that foolish political Despite President Trump’s campaign who is seeking to be the Director of the act of shutting down the government. promises to rebuild the Nation’s crum- Office of Management and Budget. The real cost of the government shut- bling infrastructure, Congressman If you were to ask the people of down is not just measured in dollars. MICK MULVANEY has taken an extraor- America about the Cabinet positions The real cost is in hardships unneces- dinary and extreme view. He wants to filled by the President, the one they sarily created, hardships for Federal eliminate Federal funding for transpor- probably would miss is the Office of employees who didn’t receive their tation projects. He cosponsored a bill Management and Budget. It turns out checks on a timely basis, hardships for that would slash the Federal gas tax. to be one of the more important posi- people struggling to survive in Amer- That is how we pay for repairing Fed- tions, but it is not as well known his- ica, who relied on programs like food eral roads and mass transit across torically as Treasury Secretary, Sec- stamps. We call them SNAP benefits America. He isn’t interested in fixing retary of State, and Attorney General. now. They had their food in jeopardy the highway trust fund solvency prob- It is an important job. It is one of the and endangered because Congressman lems. His solution is to bankrupt it. most consequential jobs because the MULVANEY and his friends thought that This is the man who wants to write Director of the Office of Management a display of political power—shutting the budget for America? His extreme and Budget is responsible for preparing down the government—was the right ideology would threaten billions of dol- the President’s budget, setting the pri- recipe for America. lars that my State receives in Federal orities of the Federal budget, and over- These government shutdowns delayed transportation funds. We put money seeing the performance of Federal 2 million Federal workers from receiv- into the Federal highway trust fund,

VerDate Sep 11 2014 01:53 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.047 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1195 too, every time we buy a gallon of gas survived because of research that was never ever vote to raise the country’s in Illinois. He would cut back on the done at the National Institutes of debt ceiling. He voted against it four resources coming back to my State and Health, and he is not alone. There are different times. others to repair the very roads we drive thousands just like him. In 2011, when we were just about to on. When I was a kid, polio was some- breach the debt limit and default on He has consistently supported across- thing every mother and father were our national debt for the first time in the-board cuts for the Department of frightened of. What in the world was the history of our country, MULVANEY Defense, regardless of those affected. happening? How could your child be in- was a leading voice in support of de- Just a few minutes ago, Senator JOHN fected with polio and end up being crip- fault. He called it a ‘‘fabricated crisis,’’ MCCAIN, the senior Senator from Ari- pled for life? Our Republican leader and accused both parties of ‘‘fear zona, came to the floor to announce here, MITCH MCCONNELL, went through mongering.’’ that because of Congressman that in his childhood and has talked I am not sure what is more dis- MULVANEY’s positions on cuts in the about that episode in his life and how turbing—Mr. MULVANEY’s willingness military, he—Senator MCCAIN—would devastating it was. He has had a full to default on our country’s obligations, oppose the appointment of MULVANEY life since then, but he has overcome the full faith and credit of the United as head of OMB. Senator MCCAIN said the problems of that disease. I remem- States, or his lack of appreciation for that it is a rare day when he comes out ber as a kid in grade school, when they the devastating economic consequences against a Presidential nominee of his announced that our government re- which would follow. I can tell you what own party. But he thinks MULVANEY’s search had come up with a vaccine that is at risk with that kind of reckless at- record is worrisome, and I couldn’t would protect kids from polio. That, to titude toward our Nation’s debt. What agree more. The positions that Con- me, was a breakthrough, and one that is at risk are the savings and invest- gressman MULVANEY has taken are I welcomed and our family welcomed. ments and retirement accounts of ordi- reckless and would jeopardize the eco- Congressman MULVANEY questions nary Americans across the Nation. Mr. nomic security of working families and whether or not medical research should MULVANEY may be willing to gamble put our Nation and economy at risk. continue, even in the light of the the full faith and credit of the United Possibly one of the most troubling achievements in eradicating polio and States; I am not. Forcing the Federal positions that Congressman MULVANEY small pox and other diseases in our Government to default on the Nation’s has taken is the fact that he is opposed country. These advances didn’t just debt would harm the economy and af- to the Federal Government spending magically happen because of the mir- fect the government’s ability to make funds for medical research. Last year acle of the marketplace. They occurred payments to Social Security and Medi- when Congress was deliberating how to because of sustained taxpayer invest- care recipients, military personnel, combat the Zika virus, Representative ment in Federal medical research. veterans, Federal employees, defense MULVANEY wrote this on his Facebook I will tell you this. If he wants to contractors, State governments, and to page: ‘‘Do we really need government- make a referendum in the Senate or the bondholders of the United States, funded research at all?’’ the House on medical research a part of here and overseas. Let’s think about that for a moment. his budget debate, I welcome the chal- We would lose our credibility if Mr. Do we really need government-funded lenge. I believe that Members of both MULVANEY had his way and allowed us medical research in the United States? political parties would stand up for to default on our national debt. We Do we need the National Institutes of medical research, despite Congressman should not ever consider confirming an Health, the Department of Defense, and MULVANEY’s extreme positions. OMB Director who has repeatedly the Veterans’ Administration investing So when someone asks if we really risked the economic security of our Na- in trying to find new cures for dis- need government-funded medical re- tion to score political, rhetorical eases? search, the answer on behalf of cancer points. Government-funded research in the patients who are beating the disease, Throughout his campaign, President Department of Defense has produced on behalf of HIV/AIDS patients who are Trump promised to protect Medicare fascinating insights into the biology of living longer and normal lives, on be- and Social Security and make deci- breast cancer that have greatly im- half of all those families hoping and sions that would ‘‘benefit American pacted the treatment of that disease praying that some Federal researcher workers and American families.’’ That and saved lives in America. Look at will come up with a breakthrough for is a quote. However, instead of making the revolutionary Department of De- Alzheimer’s, for autism, or Parkinson’s good on the promise, President Trump fense-funded work that led to the de- or diabetes—the answer, Congressman has chosen a man to head the Office of velopment of the innovative drug MULVANEY, is unequivocally, yes. Management and Budget who has led Herceptin. Government-funded re- America needs to invest in medical re- calls for devastating cuts to Federal search, which Congressman MULVANEY search. And the fact that you would programs that millions of Americans does not believe we should do, at the question it really raises the question of rely on every day. National Institutes of Health has ac- your judgment. Mr. MULVANEY has said he wants to complished the following. It has cut Let me tell you another thing that ‘‘end Medicare as we know it,’’ and he the U.S. cancer death rate by 11 per- he is for, which I think is the single has called Social Security a ‘‘Ponzi cent in women and 19 percent in men. most irresponsible budgetary position scheme.’’ He has called for raising the And Congressman MULVANEY says: Do he has taken. He has been an opponent retirement age for Social Security to we really need to do that? Is that im- of raising the country’s debt ceiling. 70, from the 67 that it currently is. portant? I would guess that his family, What is the debt ceiling? That is Well, 3 more years at work may not like every family in America, has a America’s mortgage. That is the mean much to a Member of Congress, story to tell about cancer—what it has amount of debt we incur as a nation. It because we sit down a lot in these com- meant, the devastation it has created, is a mortgage that is incurred for fortable chairs and people bring us the deaths that have resulted. things that we have already spent things when we need them. But 3 more But Congressman MULVANEY doesn’t money on. So when we come and vote years of working before you qualify for get it. He just doesn’t understand any- for $600 billion for the Department of Social Security means something to a thing as basic as investing in medical Defense and the intelligence agencies waitress, whose hips and ankles and research to save lives. HIV/AIDS is no and we don’t have enough money com- knees have been bothering her for longer a death sentence in America. I ing in taxes to pay for it, we have to years, but she has no choice but to get saw Magic Johnson just a few weeks extend America’s mortgage to cover it. up every morning, go to work, carry ago at a farewell party for President Congressman MULVANEY says that is those trays, and try to bring enough Obama. I remembered the day in the the wrong thing to do—extending the money home to help a family. It means House of Representatives when I was debt ceiling of this country. While run- something to someone who works in a told that he had AIDS. We assumed he ning for Congress, Congressman coal mine—I guarantee you that—3 would die in just a short period of time. MULVANEY, who now wants to manage more years at work, exposing yourself But that was over 25 years ago. He has our Nation’s budget, pledged he would to the lung diseases and other things

VerDate Sep 11 2014 04:57 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.048 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1196 CONGRESSIONAL RECORD — SENATE February 15, 2017 that might come with the job. It means value. And, incidentally, the life ex- can be given to Planned Parenthood for something to a truckdriver, spending pectancy of Americans has grown by 5 abortion services—not one penny under days and nights on the road. It means years since we created Medicare. It is the law. Most people, if asked what something to people who have to move working. Medicare helps seniors, helps percentage of the Planned Parenthood freight around. It is the kind of thing their families, and it helps America. budget is actually spent on abortion that means a lot to ordinary working But Congressman MULVANEY doesn’t services would get it wrong. The actual people. It clearly doesn’t mean any- get it. number is 3 percent. Ninety-seven per- thing to Congressman MULVANEY. This man has been chosen by Presi- cent of what Planned Parenthood does, Three more years working, as far as he dent Trump to write the budget of in terms of family planning, cancer is concerned, is an acceptable alter- America. Why is Congressman screening, STD screening, has no rela- native. MULVANEY so hell-bent on ending a pro- tion directly to abortion services, and He wants to privatize Medicare and gram like Medicare that 98 percent of that is compensated, but abortion serv- turn Medicare back into the loving our Nation’s seniors depend on? Well, I ices are not under the law. Congress- arms of private health insurance com- can tell you, if his comments on Medi- man MULVANEY could care less. He panies, and let’s see what seniors end care scare you, on Medicaid he is even would close down the sources of family up experiencing. Almost 60 million worse. This program, combined with planning in small towns and commu- Americans now rely on Medicare. In the Children’s Health Insurance Pro- nities around America. Congressman MULVANEY’s point of gram, ensures health coverage for 70 The concerns I have laid out today view, the guarantee of Medicare would million Americans. One out of every are just a few that I have about this end. This is the man President Trump five nationwide depend on Medicaid. It nomination. The millions of hard- has chosen to head the budget for the helps low-income families, pregnant working Americans who believed Presi- United States of America. MULVANEY women, children, and those with dis- dent Trump’s campaign promises, and has called repeatedly for cuts to Social abilities. Currently, if you qualify for as a champion for the most vulnerable, Security, Medicare, and Medicaid, in- Medicaid, you are guaranteed to get deserve far better than Congressman health coverage. Congressman cluding a ‘‘cut, cap, and balance’’ budg- MULVANEY. et, which would cut each of these pro- MULVANEY thinks he has a better idea. There are real problems facing this grams by 25 percent. When you say the He wants to change that. Nation. Far too many people are strug- Congressman MULVANEY wants to word Medicaid, people have an image gling, and there is a lot of work to do. significantly cut the Federal funding in their mind: Oh, that is health insur- We cannot afford to risk our economic for Medicaid and leave States to fend ance for poor people. And that is gen- recovery, the retirement plans and sav- for themselves when it comes to caring erally correct, although it also covers ings of working Americans, the health for these 70 million Americans. Faced disabled Americans. But do you know of our children, the kind of care we with less Federal funding, States would who the major recipients of Medicaid want for our mothers and grand- be forced to find ways to cut spending are in America? The largest single mothers—we cannot afford to risk and save money. They might start group of people receiving help from them by appointing OMB Director Medicaid are children—children in Medicaid waiting lists or impose work requirements or slash benefits. At the MICK MULVANEY. poor, low-income families who get I have no choice but to oppose MICK end of the day, the result would be cat- medical care through Medicaid. The MULVANEY’s nomination for Director of biggest expenditure for Medicaid is not astrophic. I just spent the last weekend in the Office of Management and Budget. children though. The biggest expendi- Southern Illinois. We had a roundtable Mr. President, MICK MULVANEY is a ture is for the elderly Americans who down there to talk about the impact of founder of the House Freedom Caucus, are living largely at institutional set- the repeal of the Affordable Care Act. which has made repeal of the Afford- tings, in these care homes, nursing These hospital administrators from able Care Act—without a replace- homes. Medicaid keeps them in that smalltown hospitals came in to tell me ment—one of their main causes. This is place with adequate medical care. So that losing Medicaid reimbursement not about good policy or the real con- now comes Congressman MULVANEY could force them to dramatically cut sequences for people around the coun- and says: Let’s just cut those by 25 per- their workforce and maybe even face try. This is about ideology. cent. There is one good way to reduce closure. Here is Congressman Mr. MULVANEY wants to rip health Federal spending. insurance away from nearly 30 million MULVANEY suggesting: Let’s just do Really? So that means fewer immuni- that across America. I wonder where he people and deny people the important zations for children. What does it mean lives. I wonder if there are any small consumer protections they have come for your mother or your grandmother towns or rural areas near him. I wonder to depend upon. He would once again in the nursing home when it is an- if he values those hospitals the way the allow insurers to impose pre-existing nounced that we don’t have enough people living in communities that I condition exclusions and discriminate money to cover the cost to keep her represent value them. These are not based on gender and cut off coverage here in a good, safe, positive environ- only lifelines for people who des- when someone gets sick and needs it ment? For Congressman MULVANEY, it perately need timely, professional med- most. is just numbers on paper. For real fam- ical care, but they are the source of the His answer to fixing our health care ilies across America, it is the reality of best jobs in the community. Congress- system is ‘‘free-market competition’’ life. man MULVANEY could care less: Let’s and ‘‘crackdown on frivolous lawsuits. Much like our new Secretary of just keep cutting on Medicaid and see Those might make good talking points, Health and Human Services, Congress- what happens. but they will not stabilize our insur- man Price, Representative MULVANEY What will happen will be devastating. ance market and help people in need. wants to dramatically undermine the Mr. MULVANEY isn’t content with The Illinois Hospital Association es- Medicare Program for our Nation’s sen- just throwing seniors off Medicare and timates that Republican plans to re- iors. Let’s look at what Medicare has low-income families off Medicaid. He peal the Affordable Care Act will result meant to our country since it was cre- wants to punish women by taking away in the loss of up to 95,000 jobs in Illi- ated in 1965. Before Medicare, only 51 their healthcare providers and insert- nois—in hospitals, doctor’s offices, con- percent of Americans 65 and older had ing his own decisions into their med- struction, real estate, and beyond. health care coverage. Nearly 30 percent ical decisions. Mr. MULVANEY has re- Over the last month, I have been lived in poverty. Today, 98 percent of peatedly attempted to defund Planned going around my State, meeting with seniors have health care, and less than Parenthood health centers, which pro- hospitals and providers, talking to 10 percent live below the poverty line. vide women and men with important them about what repeal would mean. Has Medicare work? You bet it has. It cancer screenings, family planning, They are worried. has provided health insurance for sen- STD testing, and other important You see, Illinois hospitals and health iors, and it has given people dignity health care services. systems generate nearly $90 billion in and independence in their senior The laws of the United States of the State and local economies each years—something that everyone should America provide that not one penny year, and 1 in 10 jobs in Illinois is in

VerDate Sep 11 2014 04:57 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.050 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1197 health care. Hospitals are vitally im- I know my colleagues are working on daily based on millions of decisions and portant to our State’s economy and vi- a tax bill, and I want to stress how events. Just because an economist tally important to patients in need. much I support their efforts. I will, of slaps an equation on a blackboard does Don’t just take my word for it, course, withhold judgment on any pro- not make it real so I am more than a Franklin Hospital CEO, Jim Johnson posal until I see the final text, but I little concerned these predictions will told me: also want to say today, I have reserva- not pan out. In our community, at the time that the tions about one idea that is being con- As the old joke goes, after all, econo- hospital in West Frankfort closed, we sidered. It is called a border adjust- mists have predicted nine of the last [Franklin Hospital in Benton] managed to ment tax. It sounds like something five recessions. But if that happens, it stay open . . . they’re just eaten up that from Orwell’s Newspeak. will not be economists and intellec- they don’t have a hospital anymore. It’s in- Here is how it would work. We would credible what the loss of a hospital can do to tuals and politicians in Washington a small community. And I’m down there cut taxes for corporations. To make up and New York left holding the bag; talking to those guys every day because nat- for the lost revenue, we would tax busi- working Americans will get stiffed urally I like them to use our hospital . . . nesses whenever they bought some- again. but those conversations, it has just torn this thing from another country. For in- Finally, I want to say a word about community apart. stance, every time Ford bought an auto jobs. One of the biggest reasons for fix- In Illinois and nationwide, rural hos- part from Canada, it would pay a 20- ing the Tax Code is that it would help pitals would be particularly hurt by percent tax or every time your local create more jobs, but if we increase the Mr. MULVANEY and Republicans’ pre- grocery store bought bananas from cost of goods, people obviously can’t scription for chaos. Guatemala, it would pay a 20-percent buy as much, which will hurt retail In Illinois, 62 of our 102 counties are tax. Whatever money businesses made sales and retail jobs too. Retail compa- rural. We have 51 Critical Access Hos- from selling their products in other nies are the largest private sector em- pitals, which are the hubs of their com- countries would be exempt. In other ployers in almost every State. Are we munities. Rural hospitals typically are words, what all this would amount to is really going to impose a huge tax on more reliant on Medicaid and Medi- a 20-percent tax on imports. The pro- the livelihood of so many Americans care, and have tighter operating mar- ponents of this tax contend it would and say: Oh, don’t worry. It will all gins. stop businesses from leaving our coun- work out in the end. So what has the ACA meant for try because right now some are moving We have to take a hard look at this them? In States that expanded Med- overseas to avoid paying our corporate proposal right now. Therefore, while I icaid, like Illinois, rural hospitals have tax rate, which is the highest in the support fundamental tax reform and seen greater financial stability thanks modern industrial world. Under this commit to reserve judgment on any to the decrease in uncompensated proposal, it would not matter where final bill until I read it, today I want care—or charity care—costs. you put your headquarters, you would to put on the record my serious con- Thanks to the Affordable Care Act, be taxed according to what you bought, cerns about a border adjustment tax. the uninsured rate in rural commu- not where you put down your stake. Many other Senators share those con- nities has dropped by nearly 40 percent. The hope is, this arrangement would cerns. We most certainly will not keep This is not only great for those individ- mean more headquarters, more fac- our powder dry and see working Ameri- uals obtaining insurance, it is also tories and the jobs that come with can’s railroaded with a precooked deal great for the rural hospitals who are them staying right here in America, that raises their taxes and increases now getting paid for the health serv- which of course is a desirable goal, no the price of the stuff they buy every ices they provide. doubt, but I am not at all convinced single day. Community Health & Emergency this is the best way to do it. Consider It is February 15. By law, the Presi- Services CEO Fred Bernstein told me: this. It is estimated that this one dent is required to submit a budget to You can look at Cairo as the ghost of the change alone would produce something Congress by the first Monday of this future. Because there is not much left that we have to lose . . . We’ve lost the only gro- like $100 billion a year in additional month. That was over a week ago. Now, cery store, and the only drug store in Cairo. tax revenue. That is a lot of money, being a new administration, we expect If this Affordable Care Act thing isn’t re- and someone has to pay for it. I will him to be a few weeks late as has typi- solved and if we go to block grant in the tell you exactly who is going to pay: cally happened in recent times. The Medicaid program, there’s not going to be working Americans who have been difference this year, though, is that any resolution to those problems down there. struggling for decades. A tax on im- President Trump still does not have a We are not going to be able to stay open. At ports is a tax on things working folks budget director. We are 4 weeks into least 72–74 percent of my patients depend buy every single day. I am not talking his Presidency, and we are only just upon Medicaid . . . Without the expansions of Medicaid that we’ve already seen, and about caviar and champagne. I am now getting around to confirming his without some of the subsidies that those who talking about T-shirts, jeans, shoes, nominee. can get some insurance will get to keep that baby clothes, toys, and groceries. For those of you keeping score at insurance, there’s not going to be the ability I have heard from thousands of Ar- home, that is the longest delay in re- to afford any care for most of the people we kansans who are already struggling cent history. Every one of the last six serve. just to get by. Why would we make the Presidents had their budget director Since 2009, the number of rural hos- stuff they get at Walmart more expen- confirmed by a week’s time—as in 7 pitals in Illinois operating in the red sive? Its defenders say the tax will not days. In other words, what we are see- has decreased by 46 percent. Put an- increase the cost of imports. What will ing is a deliberate act of obstruction. other way, 16 rural hospitals in Illinois happen, they say, is our exports will be Here is the real problem. We have seri- are now on much more solid financial cheaper because we no longer tax them ous work to do. It is that much more footing thanks to the ACA. so then more people overseas will buy difficult for the President to do his job I yield the floor. our exports from us, which means the when all he has is a headless horseman The PRESIDING OFFICER. The Sen- dollar itself will increase in value. bureaucracy. ator from Arkansas. That means imports will not be expen- Senate Democrats might consider TAX REFORM sive because you will be able to buy this payback. They might consider it Mr. COTTON. Mr. President, our Tax them with a stronger dollar. So even their chance to audition for the 2020 Code is a mess. No one voted for it, no with the tax added on, you will still Presidential primary, but the Amer- one wants it, and no one likes it. I have come out right where you were before. ican people are the ones paying the said many times we should eliminate This logic reminds me of Orwell price for this obstruction. all of the special interest loopholes in again: Some ideas are so stupid only an I want to say again, this is not a the code and use that money to cut intellectual could believe them. This is game. This is not a protest. This is our taxes for everyone, including American a theory wrapped in speculation inside job. This is what the American people businesses. We want to encourage them a guess. Nobody knows for sure what sent us to do. It is time we got down to to invest, grow, and create more jobs will happen. No one can know for sure business. In that spirit, I want to say a right here in America. because currency markets fluctuate few words in support of the President’s

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.019 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1198 CONGRESSIONAL RECORD — SENATE February 15, 2017 nominee for the Director of the Office national debt, destroy the credit wor- and some businesses could not make of Management and Budget, MICK thiness of the U.S. Government, and payroll. But Representative MULVANEY MULVANEY. I don’t have to cite or re- trigger a global financial crisis. is unrepentant. He insists that the cite MICK’s biography for many of you. As the Governor of New Hampshire, I shutdown was worth it. Well, tell that He has been representing the good worked very hard with our State treas- to some of the businesses in New people of South Carolina’s Fifth Dis- urer and with the legislature, through Hampshire that took a huge hit. His trict in the House of Representatives some very challenging fiscal times, to brand of government by temper tan- for more than 6 years now. Before that, maintain New Hampshire’s State bond trum is reckless, it is irresponsible, he led an impressive career as what he rating. We did that because we knew and it should not be rewarded with a called a serial entrepreneur, starting that lowering the State’s bond rating nomination to be the chief budget offi- four different businesses. I hear some would mean an increase in costs for cer for the country. of them may have even succeeded. businesses trying to borrow money, for Representative MULVANEY’s disdain He has worked in fields as varied as the government trying to borrow for true fiscal conservatism and his un- law, real estate, homebuilding, and res- money, for taxpayers because they balanced budget priorities should also taurants. He is highly educated and would have to pay those increased give us pause. He supports budgets that very accomplished. I would like to costs, and it would have a ripple effect would provide massive tax cuts for cor- point out, he is a friend of mine, a across the economy that would have a porations, for those at the top, and he trusted confidant, someone whose ad- real impact on the people of New would pair those with deep budget cuts vice and counsel I have often sought. Hampshire. for the middle class and the most vul- I can say with confidence, he will Representative MULVANEY does not nerable people in our society, including serve President Trump and the Amer- seem to appreciate what would happen seniors and people with disabilities. ican people with dedication and dis- if the Federal Government defaulted on Representative MULVANEY advocates tinction. I believe MICK will bring a our debt. He has argued that the Treas- for radical cuts to Social Security and needed voice to the President’s Cabi- ury Secretary could avoid such a crisis to Medicare and Medicaid. He has net, a voice for fiscal responsibility by prioritizing interest payments; in promised to end Medicare as we know after so many years of irresponsible other words, paying foreign holders of it, privatizing it and converting it to a sky-is-the-limit spending. U.S. debt but not Social Security bene- voucher program that shifts costs to All that experience in the real econ- ficiaries or the men and women of our seniors. omy gives him something more than a Armed Forces, but there is no legal au- He advocates raising the retirement lengthy resume. He knows from per- thority to do this. It is impractical, age to 70 for Social Security and 67 for sonal experience what it takes to cre- and recent Treasury Secretaries have Medicare. Imagine telling construction ate jobs and create opportunities out of denounced the idea. We got a foretaste workers and others who perform heavy almost nothing. He knows the self-dis- of the consequences of default in 2011, labor that they have to work until age cipline it takes, the hard work, the per- when Representative MULVANEY and 70 before they can retire with the secu- severance. He knows what Americans others blocked legislation to raise the rity of a Social Security check. have to go through every day just to debt ceiling, a crisis that took nearly 3 He also advocates shifting costs to earn an honest dollar. That is why he months to resolve. States by block-granting Medicaid. Es- has been so protective of every tax- That manufactured crisis shook fi- sentially what block grants do is give payer dollar ever put in his care. That nancial markets, caused a spike in in- the money to States and allow them to is the kind of man we need as our next terest rates on U.S. securities, and it administer those dollars. As a former OMB Director. lead Standard and Poor’s to take away Governor, I think States can admin- It is only when Washington appre- America’s AAA credit rating, and it ister those dollars, but when you want ciates what goes into making all of cost $18.9 billion. Who does MICK to cut as much as $1 trillion from those taxpayer dollars that it will show MULVANEY think paid those $18.9 bil- healthcare services, which is what the taxpayers the respect they deserve. lion? It was the people of this country. MICK MULVANEY wants to do, then you I want to express my strong support for Representative MULVANEY has repeat- can administer them as well as pos- the next Director of the Office of Man- edly threatened to shut down the Fed- sible, but you are still not going to be agement and Budget, my friend, MICK eral Government. able to make up to the seniors and to MULVANEY. He helped lead the charge in shutting disabled Americans and others in nurs- I yield the floor. down the government in October of 2013 ing homes for the cuts that are going The PRESIDING OFFICER. The Sen- in a failed and misguided attempt to to come when you block-grant those ator from New Hampshire. repeal the Affordable Care Act. In 2015, dollars to States. Mrs. SHAHEEN. Mr. President, un- he threatened to shut down the govern- Unfortunately, that is not the end of fortunately I don’t share the enthu- ment again in order to defund Planned his extreme budget ideas. He advocates siasm of my colleague from Arkansas Parenthood. Both of those programs taking a meat-ax to the whole range of for MICK MULVANEY to serve as the Di- are critically important to the people programs that bolster the middle class, rector of the Office of Management and of New Hampshire. Nearly 1 out of 10 everything from cancer research, to Budget. In fact, I have great concerns Granite Staters have health insurance Pell grants, to healthcare. about this nominee’s views on a whole thanks to the Affordable Care Act. Representative MULVANEY has even range of issues. Planned Parenthood provides acces- questioned the appropriateness of Fed- Because those views are far outside sible, affordable healthcare to women eral funding for scientific research. In the mainstream of this country, I in- all across the State of New Hampshire, a Facebook post questioning the sci- tend to vote against his confirmation. women who, in most cases, could not entific consensus linking the Zika First and foremost, I am concerned get their healthcare any other way. virus to microcephaly, he wrote: ‘‘What about MICK MULVANEY’s repeated votes As Senator DURBIN pointed out ear- might be the best question: Do we real- against raising the debt ceiling and his lier, 97 percent of the services provided ly need government funded research at reckless willingness to shut down the by Planned Parenthood are services all?’’ Think about that. government in order to advance his ex- that have nothing to do with abortion; Senator DURBIN was very eloquent in treme views. they have to do with access to mammo- talking about the difference that re- It is Representative MULVANEY’s grams, to cancer screenings, to STD search has made in ending polio and longstanding position that failure to testing, the whole range of healthcare addressing so many other diseases, raise the debt ceiling would not pre- services that women need. such as HIV, that have affected Ameri- cipitate a crisis. He said: ‘‘I have yet to Unfortunately, the 16-day shutdown cans and people across the world. Well, meet someone who can articulate the in 2013 created havoc across the econ- the President’s choice—MICK negative consequences.’’ Well, let me omy, leading to the loss of an esti- MULVANEY—to draft his annual budget, articulate the consequences in very mated 120,000 jobs. Millions of small to be the head of his budget office, simple terms. If we refuse to raise the businesses faced significant disrup- openly doubts that the government debt ceiling, we would default on the tions, many employees were laid off, should be involved in addressing public

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.052 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1199 health threats, such as Zika. So how dent of the United States, with enor- patients. It is not affordable. In my deeply does he plan to cut funding for mous influence on policy matters. State, Wisconsin, premiums on the in- the Centers for Disease Control, for the Representative MULVANEY has been a dividual market have doubled and tri- National Institutes of Health, for our zealous advocate for radical cuts to So- pled. A young mother working a part- National Laboratories, and for feder- cial Security, to Medicaid, to the time job so she could stay home with ally funded extramural research? We whole range of programs that support her children had to quit that job to don’t know the answer to that, but we the middle class in this country. In ad- take full-time work to pay her $8,000 can assume from his statements that it dition, his willful failure to pay re- per year increase in premiums. Wages is going to be significant. quired Federal taxes has raised serious have stagnated for years. Our infra- Federally funded R&D is critical not concerns about his integrity, which we structure is old and in many cases, only to addressing threats to public all know is essential for every Cabinet crumbling. Our borders are porous. We health but also to developing new tech- officer. are not winning the War on Drugs be- nologies that enhance our national se- After careful study of his record, I cause of porous borders in many re- curity and protect the environment. urge my colleagues on both sides of the spects. Unfortunately, the War on Pov- These technologies are essential to aisle to come together to reject this erty has also not been won. In many growing our economy and maintaining nominee. Putting MICK MULVANEY in cases, it has created perverse incen- America’s global leadership in tech- charge of OMB is not just letting the tives that have trapped generations in nology and biomedical sciences. fox guard the hen house; it is giving a cycle of poverty and dependency and In New Hampshire, the most dynamic him a gun to kill the chickens, a pot to despair. It has resulted in the national sector of our economy is high-tech boil those chickens in, and a knife to debt rapidly approaching $20 trillion. manufacturing and innovation. For our eviscerate them when they are done. Again, that is that mortgaging our economy to grow, we need to stay Let’s give President Trump the op- children’s future that Congressman ahead of global competition. But that portunity to put forward a qualified MULVANEY wants to prevent. doesn’t happen on its own; it requires candidate with mainstream views to As the chart nearby shows, we are on sustained investment in basic re- protect the middle class and to honor a completely unsustainable path that search—often research that the private this Nation’s financial obligations. Congressman MULVANEY also under- sector considers too risky to do on its Mr. President, I yield the floor. stands must be stopped. If you take a own. The PRESIDING OFFICER (Mr. SUL- look at this chart, according to the As ranking member of the Senate LIVAN). The Senator from Wisconsin. Congressional Budget Office, over the Small Business Committee, I have seen Mr. JOHNSON. Mr. President, I rise next 30 years, our projected deficit will this vividly demonstrated by the very today to support the nomination of total $103 trillion. That would be put successful Small Business Innovation Congressman MICK MULVANEY and ask on top of that $20 trillion in debt. It Research Program, or SBIR. SBIR my colleagues to vote to confirm him will be $10 trillion over the next 10 works by harnessing the creativity and as the next Director of the Office of years, $28 trillion in the second decade, ingenuity of America’s small busi- Management and Budget. $66 trillion in the third decade. That is nesses to meet the R&D missions of our It may not surprise folks that I have completely unsustainable. Federal agencies, while also supporting a markedly different viewpoint than By the way, the components of that $103 trillion deficit—$14 trillion in So- the growth of small, high-tech compa- the Senator from New Hampshire. Con- cial Security. In other words, Social nies that create good jobs in local com- gressman MULVANEY wants to save So- Security will pay out $14 trillion more munities across this country. cial Security and Medicare. Congress- One recent study found that every in benefits than it takes in from the man MULVANEY wants to prevent, stop dollar awarded by the Air Force to payroll tax over the next 30 years; the mortgaging of our children’s fu- SBIR firms generated $12 in economic Medicare, $34 trillion. The remainder of ture, the bankrupting of America. that $103 trillion is interest on the growth. That growth happens because One thing on which I do agree with small businesses develop technologies debt. If we want to avoid paying credi- the good Senator from New Hampshire and then commercialize those tech- tors more than $50 trillion in interest is that we need to concentrate on eco- nologies, creating good jobs in each of on our debt over the next 30 years, we nomic growth. It is the primary compo- our States. need to address Social Security and nent of the solution. But this Nation Many of these technologies are devel- Medicare. Congressman MULVANEY faces many, many challenges. From oped for our Armed Forces to better wants to do that. He wants to save So- the standpoint of foreign policy, take a protect the homeland. A great example cial Security and Medicare—not dema- of that, which I have seen firsthand, is look at what is happening around the gogue it; save it. a company based in Hanover, NH, world, the turmoil in so much of the As the Senator from New Hampshire called Creare. Creare is working with world. We are in a generational strug- was pointing out, we need economic the Navy to develop an innovative gle against Islamic terror, against growth. That is the No. 1 component of clothes dryer that dramatically re- ISIS, al-Qaida. Iran—that nuclear the solution. I don’t care what problem duces the risk of fires on submarines, agreement was horrible. It modified I just mentioned above, economic and that is just one example of why the the behavior for the worse. We have growth is the primary component of SBIR Program is the envy of the world. just witnessed North Korea test-fire the solution. I want to quote Dr. Charles Wessner, another missile. Combined with their What is hampering our economy from who led the National Academy of nuclear capability at some point in growing? The fact is, since the Great Sciences study of the SBIR Program. time—probably not in the too distant Depression, our economy has averaged In describing that program, he said: future—they will threaten America. 3.2 percent annual real growth. Since ‘‘The rest of the world thinks this is China has been emboldened. Russia has the great recession, we have only been the greatest thing since sliced bread.’’ become more aggressive. Why? Because growing about 2 percent. I would argue Well, make no mistake, this success- in so many instances, these nations that there are a number factors caus- ful program is in serious jeopardy if perceive America as weaker than we ing that tepid growth: overregulation, Representative MULVANEY puts Federal once were, lacking the strength and re- an uncompetitive tax system. We are R&D investments on the chopping solve to provide the leadership, project not fully utilizing our energy re- block. our values around the world. sources. The Presiding Officer cer- It is truly shocking that the Presi- With all these threats that America tainly understands that from his State. dent has nominated a budget director faces, at the same time our military is We are not utilizing our abundant en- who questions the value of Federal being hollowed out. We won’t have the ergy resources. And of course there is funding for R&D. We need to invest in resources militarily to fight back if this: our unsustained fiscal path, our science. We need to invest in our small they strike first. $20 trillion in debt. businesses, which create two out of Domestically, we also face many per- I oftentimes make the analogy be- every three jobs in this economy. ils, many challenges. ObamaCare didn’t tween our national debt and a family The OMB Director is one of the most work. The Patient Protection and Af- in debt over their head. It is just a na- senior economic advisers to the Presi- fordable Care Act did not protect the tion-state; it is just many, many, many

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.056 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1200 CONGRESSIONAL RECORD — SENATE February 15, 2017 orders of magnitude larger. But the ness to create better opportunities and Again, he fully understands the con- fact is, if you are a family in debt over better paying jobs. The regulatory bur- nection between our unsustainable fis- your head, how can you grow your per- den is massive. cal path, our deficit, our debt, and eco- sonal economy? All your disposable in- I had the chancellor of the University nomic growth. He said we ‘‘must in- come is spent on the basics and serv- of Wisconsin-Madison come into my of- clude changing our government’s long- icing the debt. The same thing is true fice during the last 2 years with the term fiscal path—which is of a nation-state. Again, our enemies primary complaint—the primary ask— unsustainable.’’ perceive that weakness caused by our being to reduce that regulatory burden. Finally, he said: indebtedness. Last year, she came in armed with a I recognize that good public service— So when you take a look at the role study commissioned by research uni- whether in a state legislature, Congress, or of the Director of the Office of Manage- versities that said that 42 percent of re- OMB—takes both courage and wisdom. The ment and Budget, what we need to do searcher time on Federal grants was courage to lead, and the wisdom to listen. I have learned that I do not have a monopoly to grow our economy comes under his spent complying with Federal regula- on good ideas. Facts—and the cogent argu- jurisdiction basically. He has to ad- tions. Think of the opportunity cost of ments of others—matter. I will be loyal to dress this deficit. He has to put forward that overregulation. Those Federal the facts and to the American people whom a budget that is sustainable. MICK grants are meant to pay for studies and I serve. MULVANEY is dedicated to doing that. doing research on curing diseases, not My commitment to you today is to take a Then, of course, the other thing the filling out Federal paperwork. So fact-based approach to get our financial house in order. Office of Management and Budget is again, the Director of the Office of really designed to combat is overregu- Management and Budget will take a This is exactly the type of person— lation. They are all about taking a look at those regulations, particularly Congressman MICK MULVANEY—some- look at cost-benefit and making sure now under this President, who has body who is dedicated to solving these the regulations that are implemented issued an Executive order to make sure problems, who has the courage and the by this Federal Government are rea- that for every one regulation issued by wisdom to stop mortgaging our chil- sonable from a cost-benefit relation- a new agency, they have to remove dren’s future, to put America’s budget ship. That has not been the case re- two. That is a very good start. I would on a sustainable fiscal path, to grow our economy, to make sure that future cently. have gone with one-in, ten-out, but I generations inherit a stronger, more Just a couple of examples of how eco- will settle for one-in, two-out. I will prosperous America. nomic growth really is going to help certainly be supportive of an Office of solve this problem. If you go from 2 to I am proud to support and I urge all Management and Budget that under- my colleagues to support and vote for 3 percent annual growth, that is $14 stands the incredible burden of over- the confirmation of Congressman MICK trillion in added economic benefit in regulation on our economy. MULVANEY to be the next Director of just over a decade. If you go from 2 to During our committee markup—I 4 percent, that is $29 trillion. And even the Office of Management and Budget. heard earlier the Senator from Arkan- Mr. President, I yield the floor. with the meager economic growth we sas, who knows Congressman The PRESIDING OFFICER. The Sen- have had since 2009, revenue to the MULVANEY, served with him in the ator from Delaware. Federal Government has increased by House, and understands how dedicated Mr. CARPER. Thank you, Mr. Presi- more than $1.1 trillion per year with and serious Congressman MULVANEY is dent. I rise this evening to speak on meager economic growth. Just think of to stopping this mortgage of our chil- the nomination of Congressman MICK what would happen if we could reduce dren’s future. Senator LANKFORD also MULVANEY to be the Director of the Of- the regulatory burden, have a competi- had the opportunity to serve 4 years in fice of Management and Budget. I am tive tax system, and put our Federal the House with Representative going to start by talking in a minute Government on a sustainable fiscal MULVANEY. This is what Senator about some of the critical roles that path. Revenue would be flowing to the LANKFORD had to say about his friend the Office of Management and Budget Federal Government, we could stop and colleague at the nomination hear- plays. hollowing out our military, and we ing: Before I do that, I want to go back could start addressing these threats. You were a serious student. You looked for a moment to some of the comments As to the regulatory burden, when we hard at difficult issues. You understood that of my friend who just preceded me on held hearings on this in my committee, there were difficult decisions that needed to the floor. Going back 8 years ago, I re- the numbers showed that regulatory be made and made proposals to do that. member that in the last 6 months of burden at $2 trillion per year. Just put In testimony before our committee, 2008, we lost 2.5 million jobs in this that into perspective because I know Congressman MULVANEY told my com- country—2.5 million jobs in 6 months. we are getting immune to these mas- mittee: In the first 6 months of 2009, we lost 2.5 sive numbers: $2 trillion is larger than When President-elect Trump announced million more new jobs. That is 5 mil- all but 10 economies in the entire my nomination, he noted that our nation lion jobs in 12 months. world. That is a self-imposed, self-in- was nearly $20 trillion in debt and stated Since the beginning of 2010, we have flicted wound on our economy. If you that I have the skills and convictions to re- added 16 million jobs in this country. take that $2 trillion and divide it by sponsibly manage our nation’s finances. I be- The unemployment rate in this coun- the number of households in America, lieve that is why he nominated me for this try jumped as high as 10 percent by the position. it is $14,800 per household. No Amer- end of 2009, and by the beginning of ican writes a check to the Federal Gov- He went on to state: this year the unemployment rate was ernment to pay their share of the regu- For the first time in America’s history, the cut in half. During the first fiscal year latory burden; instead, they realize next generation could be less prosperous of this last administration, the Obama- that burden in reduced opportunities. than the generation that preceded it. Biden administration, the deficit, the Why are wages stagnated? That is a That is a very sad possibility. We budget they inherited for that fiscal good part of it—increased prices, and of need to prevent that. year ballooned to $1.4 trillion. I am an course, again, those lower wages. It is He went on to say: old State treasurer, Congressman, Gov- a massive problem. One Wisconsin To me and to the people in this room, that ernor, and now Senator. That’s a lot of paper manufacturer I was talking to— is simply unacceptable. We CAN turn this money. We have had in terms of GDP and by the way, I can’t tell you who be- economy, and this country around . . . but it will take tough decisions today in order to probably higher deficits than that dur- cause he fears retaliation by the gov- avoid impossible ones tomorrow. ing World War II, but that is a lot of ernment, which is a different subject— money. Congressman MULVANEY went on: did a cost calculation of just four re- During the last administration, the cently issued regulations and came up I believe, as a matter of principle, that the debt, deficit as we knew it, dropped by debt is a problem that must be addressed with a total cost of $12,000 per year per sooner, rather than later. I also know that about two-thirds, maybe a little more employee. There you go. That is money fundamental changes are needed in the way than two-thirds. Do we have a balanced that could have been available for in- Washington spends and taxes if we truly budget coming into this year? No. Is it creasing wages or for investing in busi- want a healthy economy. better than $1.4 trillion? It sure is.

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.057 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1201 The unemployment rate was cut by tion, stating what it is they like or President, say: No, we don’t think this half, the annual deficit has been cut by don’t like, proposing changes. They regulation is a good idea, it can basi- two-thirds, and instead of losing 5 mil- look us up—the Representatives, Sen- cally be taken off the field and put on lion jobs as we did in 2008 and 2009, we ators—and say: Here are our concerns. the shelf. added 16 million jobs. Could we do bet- We think this should be strengthened That is the way the process works. ter than that? We have. Have we ever or weakened or taken out or added. Some people don’t think that is a very had a longer running economic expan- There is a period of time—a comment good process. I think it is pretty good. sion in the history of our country than period—for the draft regulations. I hope that if MICK MULVANEY is con- the last 7 years? I am told we have not. Sometimes those who can be affected firmed to this job, this regulatory proc- Can we do better? Yes. by the regulations will come to us and ess is one that will be put to good use. Hopefully, in our spending plans and say: We don’t think we have enough One of the things Cass Sunstein did, in the regulatory work that we do, we time to fully understand what the ef- at the direction of President Obama, will adopt policies that provide the fects of this draft regulation would be, was begin a look-back policy, saying kind of environment that leads to job and we would like to have more time to we are going to look not just forward creation and job preservation. That is comment. Then what we do as elected for new regulations, we are going to what we do. We don’t create jobs here. officials is reach out to the agency and look back at the old ones we have and As my friend who is presiding knows, say: We don’t have enough time. We see which ones have maybe outlived we help create a nurturing environ- are hearing from too many of our con- their utilization and should be elimi- ment for job creation. One of the stituents that there is not enough nated or modified. I have stopped things we need for that is common- time. How about another week or counting how much money has been sense regulation. month or some reasonable period of saved during the look-back process If you look at the role of the OMB Di- time? Sometimes we get what we ask over the last several years, but it is in rector, one of those listed on this for, and sometimes we don’t. Some- the billions of dollars—maybe even in chart, No. 2, is regulatory process. The times we get half of what we ask for, the tens of billions of dollars by now. I regulatory process is the way regula- but that is the way it works. hope the next OMB Director will con- tions are created in this Congress, and At the end of the day, the agency tinue it. as the Presiding Officer and others may decide that they have enough of a We have been joined here by my col- know, it is dictated by legislation bad response—bad vibrations from league from Michigan. I would just ask called the Administrative Procedure those who would be affected, as op- him if he is pressed for time. I will go Act. posed to picking up good vibrations— maybe about another 10 minutes, and If the Presiding Officer were an agen- and the agency may pull the reg en- then it is all yours. cy that was considering promulgating tirely and say: We will do this another Another big job of the OMB Director, a rule or regulation, the agency would time but not now. But they might go not surprisingly, is to help the Presi- basically say to the rest of the world: ahead and change the drafting to pre- dent prepare in submitting a budget. I We are thinking of promulgating a reg- pare to offer the final regulation. want to take just a minute and maybe ulation on subject x. It is really a When the agency is ready to report use another chart to talk about how we heads-up that they are thinking about out the drafted regulation, that is not spend our money. As my colleagues doing this. It doesn’t mean they are the end of it because that is where know, the spending is a pie chart kind going to, but they are thinking about OMB comes into play. There is an of like this, and it is divided into it, so those who might be affected by agency within OMB called OIRA, which maybe four major areas. One of those that regulation, regulation x, would refers to an oversight role that the is—some people call it mandatory have a chance to say: Hmm, something OMB plays. Essentially, as we used to spending. I call it entitlement spend- might be coming our way, and we have say in the Navy, if a message or some- ing: Medicare, Medicaid, Social Secu- an interest in it—or we don’t. This thing were sent from one level of com- rity, maybe veterans’ benefits. It is gives them a chance to go to the agen- mand to another to another, we actu- spending the people are entitled to by cy and say: We hear you are interested ally say we ‘‘chopped’’ it through dif- virtue of being a certain age, being dis- in promulgating a regulation on this ferent levels of command. My colleague abled, maybe having served in our Na- particular subject. Let’s talk about it. who has better experience in the mili- tion’s military, maybe being disabled That is why the agency gives a heads- tary, as I recall, may have had a simi- in the course of military service, up, so that those who might be affected lar kind of experience. But the draft maybe they earned a GI bill. Those are by it have the opportunity to talk to regulation that is promulgated has to the kinds of things that are being con- the agency, come to their elected offi- be chopped through OMB. It has to be sidered as entitlements or mandatory cials, and share their opinions. chopped through OMB. They have the spending. As a percentage of the budg- The agency can accept the comments final say, and they can kick it back to et, if we look at the green colors here, they get or reject them. The Members the agency or not. it adds up to a little more than half the of Congress can accept or reject them. Changes may or may not be made, budget. We can actually arrange for our con- but eventually the final reg is pub- Another maybe 5 to 10 percent of the stituents who might have an interest lished in the Federal Register. There is budget is this sort of beige color or in a proposed or possible regulation to a period of time that runs, and eventu- gray—this area right here. It is about 5 arrange for meetings to make sure the ally if folks really don’t like it enough to 10 percent of the budget. It is debt agency that is thinking about promul- they can basically file a suit and go to service, principal interest on our Na- gating a new rule or different rule or court to try to block the regulation. tion’s debt. Fortunately, our interest regulation has an opportunity to meet We see that happen from time to time. rates are low. If they ever go up, with those who would be affected posi- Faced with a suit, the agency might ‘‘Katy, bar the door.’’ Then the prin- tively or negatively. want to pull it back and make some cipal on the debt service will go up a The agency, armed with that infor- further modifications. We can join in whole lot. We have been blessed with mation—the input they receive from those amicus briefs or not. If all else low interest rates. It will not be that filing a notice of rulemaking—if they fails, Harry Reid, who used to be the way forever. decide to go forward, they will eventu- majority leader, a Democrat, wrote a So entitlement spending, a little over ally propose a draft rule. This is not a law a number of years ago, the Con- 50 percent; debt service, principal in- final rule or regulation, but a draft. gressional Review Act, which allows terest on the debt, 5, 10 percent. They promulgate that draft regulation the Congress, years from now, to take The rest is called discretionary under the Administrative Procedure another look and see if it is some- spending. It is defense spending so it is Act, and those who are interested in or thing—it is not that old, it had regs about 40 percent discretionary spend- affected positively or negatively by the come out in the last couple of ing. That is the spending that is done draft regulation again have the oppor- months—and ask: Is this a good idea or by our Appropriations Committee, tunity to go back and talk to the folks not? And if the majority of the House about a dozen Appropriations sub- who promulgated that rule or regula- and Senate, with the consent of the committees, including Agriculture,

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.059 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1202 CONGRESSIONAL RECORD — SENATE February 15, 2017 Armed Services, Housing, Transpor- billion just between those two—we ORDER OF PROCEDURE tation, you name it. could actually make some real Mr. President, I ask unanimous con- Over half of the amount of spending progress. Our budget deficit is still too sent that following leader remarks on that is called discretionary spending, large. Thursday, February 16, there be 10 min- right here in the blue, more than half Not that many years ago, when Bill utes of debate, equally divided, prior to of that is defense spending and less Clinton was President, the last 4 years the confirmation vote on Executive than half of that is called nondefense of that administration, we had 4 years Calendar No. 16, MICK MULVANEY to be discretionary spending. of balanced budgets. We had not had a Director of the Office of Management As it turns out, we could eliminate, I balanced budget since 1968. Over the and Budget, followed by up to 10 min- am told, every bit of our nondefense last 4 years of the Clinton administra- utes of debate, equally divided, prior to discretionary spending, and we would tion, we had four balanced budgets in a the cloture vote on Executive Calendar still have a budget deficit. That would row. No. 15, the nomination of Scott Pruitt be everything from agriculture to the How did we do it? One, we had a good to be Administrator of the Environ- environment, to transportation, law economy, as you all recall. There were mental Protection Agency, and if clo- enforcement, prisons, you name it; the more jobs created in those 8 years than ture is invoked, time be counted as if whole kit and caboodle, everything any 8 years in the history of the coun- invoked at 7 a.m. that day. other than defense. I don’t think we try. I was Governor then, and there The PRESIDING OFFICER. Is there want to get rid of all that. We might were more jobs created in those 8 years objection? want to find more efficient ways to in Delaware than any year in the his- Without objection, it is so ordered. spend that money. God knows we can tory of our State. I like to say I didn’t Mr. MCCONNELL. So for the infor- find more efficient ways in spending create one of them, but we tried to cre- mation of all Senators, under the reg- defense money. ate a nurturing environment for job ular order, the Senate is scheduled to One of the ways we can do that is to creation and job preservation. One of vote on the Pruitt nomination on Fri- take a page from something that hap- those ways—one of the elements that is day afternoon. All Members should pened today in the Committee on important—is certainty and predict- plan to stay here Friday to complete Homeland Security and Governmental ability. consideration of the Pruitt nomina- Affairs, and with our governmental af- tion. fairs hat on, we had the leader of the It has been mentioned earlier today that the concern that a number of peo- I yield the floor. Government Accountability Office The PRESIDING OFFICER. The Sen- ple have with Congressman MULVANEY with us. We also had a couple of inspec- ator from Michigan. as OMB Director is he allegedly has tors general, and we had the head of Mr. PETERS. Mr. President, I rise in said government shutdowns are not the Census Bureau. They came to talk opposition to the nomination of Rep- that concerning. I don’t know his exact with us and present to us something resentative MULVANEY to be the Direc- words. One of the things we were re- called the GAO—Government Account- tor of the Office of Management and minded of today by GAO is, businesses ability Office—high-risk list. What is a Budget because I have deep concerns need predictability, they need cer- high-risk list? It is a list of programs about his record. that are in danger of wasting a lot of tainty, but the other thing they need— I believe his far-right views are out of money. It could include roughly $400 what the Federal Government needs the mainstream and wrong for our Na- billion a year in revenues that we are and its employees need are some pre- tion and wrong for the people of Michi- leaving on the table; owed but not col- dictability and certainty as well. Stop- gan. lecting. It could be $300 billion a year and-go government is painful to busi- In part, my vote against his nomina- in major weapons systems cost over- nesses, but it is especially painful and tion is due to his long-held public be- runs. It could be $110 billion, $115 bil- wasteful for the Federal Government. lief that we should balance the Federal lion a year on something called im- Continuing resolutions, government budget on the backs of seniors and re- proper payments, moneys that are paid shutdowns—our Federal employees tirees who have worked their entire spend a lot of time just preparing for wrongly, mistakenly—not fraud but lives. Representative MULVANEY’s poli- just mistaken payments—and it can in- shutdowns. That is wasteful, it is de- cies would mean raising the retirement clude a lot of other things. It could be moralizing, and we can’t do that. age, making deep cuts in Medicare, and properties that the Federal Govern- I think that is—I will stop there. I driving up costs for seniors who al- ment needs to get rid of, and we have see the majority leader is here, and I ready struggle to afford the care they done good work on that. Senator want to be respectful to him. There are need. These are policy proposals that PORTMAN and I worked on that, as did other concerns I have that I will sub- Mr. MULVANEY would bring to the high- Senator Coburn when he was here, and mit, but I hope my colleagues will keep est levels of government, if confirmed, we worked a lot on property reforms. these thoughts and these concerns in and I fundamentally disagree with his With the help of Senator JOHNSON last mind when we consider the nomination approach to budget policy. Congress, I think we made pretty good of Mr. MULVANEY to head up OMB. While I disagreed with a number of progress. I would say to my friend the major- Representative MULVANEY’s positions There are a lot of ways we waste ity leader, I appreciate the time we had when we served together in the U.S. money. What we do in the Committee together in your office earlier this House of Representatives, I entered his on Homeland Security and Govern- week. I would just ask him to consider confirmation hearing with an open mental Affairs, with our governmental one more time, if we had the oppor- mind. I thought that in preparing for a affairs hat on, is we use the GAO high- tunity for a judge in Oklahoma to role with broad jurisdiction over the risk list as a to-do list to be able to make a decision tomorrow on the ac- Federal Government, he might have de- save money. If you have GAO, in con- cess to the emails we discussed, I think veloped more nuanced views on some of cert with the Office of Management we could all vote with a clear con- these difficult issues. However, after and Budget, working together with the science a week from Monday on the speaking with Representative inspectors general in every major Fed- nomination of the Administrator for MULVANEY during our recent hearing eral agency, working with the over- the EPA. I would encourage the major- and reviewing his responses to my col- sight committees in the Senate, Home- ity leader to do that. leagues, it is clear he will bring the land Security and Governmental Af- Thank you very much. same extreme views to the administra- fairs, and with our counterpart over- The PRESIDING OFFICER. The ma- tion that he brought to the Congress. sight committee in the House—if we all jority leader. On Social Security, which is abso- are working together, going in the Mr. MCCONNELL. Mr. President, I lutely critical to seniors and families same direction, we can actually figure thank my friend from Delaware for his across the State of Michigan, Rep- out how to save a lot of money in de- suggestion and giving me a moment resentative MULVANEY has repeatedly fense spending and nondefense. With all here—I am not sure whether he is fin- called for congressional action to raise the overpayments that occur in Medi- ished—but to just ask unanimous con- the retirement age and reduce benefits. care and Medicaid—it is almost $100 sent on a matter. He has publicly called Social Security

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.060 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1203 a ‘‘Ponzi scheme.’’ When I asked Rep- It simply doesn’t add up. Either the Nation, is not going to advocate on resentative MULVANEY about his views President Trump is planning to grow behalf of this commitment, who will? during this hearing, he confirmed to our debt and deficit to dangerous levels I am also worried that Congressman me that raising the retirement age is a or he is going to ask his advisers which MULVANEY simply lacks the ability to central piece of what he calls Social of his many campaign promises he see how fiscal and financial decisions Security reform. should break. Given Representative impact working people. He looks past I could not disagree more. Michigan MULVANEY’s belief that deficits can be them and doesn’t give them a second workers have worked their entire lives solved by cutting benefits for seniors thought. During his confirmation hear- and have contributed out of their pay- and slashing investments in basic ing, I offered Mr. MULVANEY the chance check to the Social Security trust science and research, he is not the per- to explain why he did not pay payroll fund. I simply cannot vote for someone son I want in the position of OMB Di- taxes for the nanny who took care of who takes pride in telling these rector. his children. To be frank, I was Michiganders—construction workers, This role is also not just about ex- shocked by his response. To him, there nurses, autoworkers—that they need to penditures and revenue. As a senior was a ‘‘differentiation,’’ in his mind, spend another 5 years on their feet member of the President’s economic between the employee who was spend- after a lifetime of hard work. team, you need a steady hand to help ing 40 hours a week helping to raise his Social Security is not a Ponzi lead the government of the world’s triplets and the employees who spent scheme, and labeling it as such shows largest economy. Given the disarray 40 hours a week in his law firm. To callous indifference to Michigan fami- that we are now seeing in the White him, the white collar workers in his lies. Social Security is one of the most House, I am convinced now more than law firm were employees, and his successful programs in our Nation’s ever that Representative MULVANEY is nanny was not. I am shocked that Mr. history. Confirming Congressman not that steady hand to help lead fiscal MULVANEY did not realize that MULVANEY to lead the Office of Man- policy in this Nation. childcare is work, and it is some of the agement and Budget is a direct threat In 2013, Representative MULVANEY hardest, most important work there is. to the financial security of millions of supported and helped lead the effort for Whether a nanny, babysitter, or seniors and retirees. a government shutdown. Let me re- childcare provider, this employee If you believe Mr. MULVANEY’s pro- peat: He helped lead the effort to shut mattered, and he looked past her and posals on Social Security are wrong- down the U.S. Government. More spe- didn’t give her a second thought—until headed, just wait until you hear his cifically, he helped lead the effort to he was nominated to be Director of the views on Medicare. He has vowed to shut down the government because the Office of Management and Budget. ‘‘end Medicare as we know it.’’ He has Senate would not agree to defund I don’t believe my colleagues should said the plans of House Speaker PAUL Planned Parenthood. give him the opportunity to advance RYAN, which called for drastic cuts to In his confirmation hearing, he had a his extreme positions on Medicare and Medicare, didn’t go far enough. chance to explain this position. Our Social Security and look past hard- During the first term of President ranking member, Senator MCCASKILL, working Michiganders. I will oppose Reagan, a saying entered into the pub- asked him flat out: Do you still believe Representative MULVANEY’s nomina- lic discourse as the newly elected that the 2013 government shutdown was tion, and I urge my colleagues to join President was staffing up his adminis- good policy? me. tration: ‘‘Personnel is policy.’’ His response: Yes, ma’am. It was po- Mr. President, I yield the floor. While President Trump said on the lite, but wrong. Polite isn’t enough. We The PRESIDING OFFICER. The Sen- campaign trail that he opposes changes simply cannot have these views in the ator from Georgia. to Social Security and Medicare, per- highest levels of government. sonnel is policy. While the title of the This spring, on April 28, funding for THE ECONOMY job, ‘‘Director of the Office of Manage- the Federal government expires. Crit- Mr. PERDUE. Mr. President, I rise ment and Budget,’’ might conjure up ical programs, from childcare to sci- tonight to speak about the opportunity images of a bureaucratic backwater for entific research, will halt unless there our country has to move this country many Americans, make no mistake, we is an agreement in place. It is hard to forward. are currently debating who will hold have confidence that this administra- I appreciate the comments by my one of the most powerful positions in tion will come to a reasonable agree- good friend from Michigan. I appre- this new administration—and per- ment when their nominee for the high- ciate all the comments in this hal- sonnel is policy. est budget position believes it is ‘‘good lowed ground called the U.S. Senate. Let’s be clear. Congressman policy’’ to shut down the Federal Gov- But I have to say that while I agree on MULVANEY’s nomination presents a di- ernment. some points, I disagree on others. rect threat to Medicare and to Social This will not be the first, or last, po- The one I am really troubled by to- Security. While his positions on these tential budgetary crisis the OMB Di- night is the fact the other side is cre- critical programs are enough to war- rector could face. Sometime this sum- ating the ultimate shutdown in govern- rant my ‘‘no’’ vote, let’s examine how mer, the U.S. Congress will need to ad- ment right now. We had an election. we might address other aspects of the dress the debt ceiling in order to meet Our democracy has worked. We have a Federal budget. our previously agreed-to financial obli- new person in the White House. We We don’t need to work at the Office gations. If we do not come to an agree- have a new direction for our country. of Management and Budget or be an ac- ment, the effects on the global econ- Yet this person in the White House countant to know that President omy will be devastating. We risk per- cannot even get his team approved in Trump’s budget priorities simply do manently downgrading our credit rat- the U.S. Senate. not add up. The Federal debt and def- ing and setting off a worldwide finan- After some 27 days, I think President icit are serious issues, but we haven’t cial crisis. Obama had 26 of his Cabinet and other seen one serious proposal from this ad- Representative MULVANEY on many appointees already confirmed. At this ministration on how we reach fiscal occasions has doubted the need to raise point, President Trump has only 13 of sustainability. It is the job of the OMB the debt ceiling. He has doubted that his nominees. Quite frankly, had we Director to help bring some sense to the U.S. Government should meet our not turned the Senate on 24/7 over the these proposals. financial obligations. This makes me last few weeks, it would be until June What are the proposals? They include doubt his very basic qualifications to or July of this year before we could get $10 trillion in tax cuts; $40 billion on a serve as the Director of OMB. the full slate of just the 15 Cabinet offi- border wall—with some kind of IOU This is far beyond partisan politics. cers confirmed. That is no way to run from Mexico; drastically increasing de- This is the fiscal health of our Nation the Federal Government and, indeed, fense spending; $1 trillion on infra- that will be at stake—truly, the full shows the hypocrisy of the other side. structure; and a campaign promise to faith and credit of the U.S. Govern- They complain about shut down this never, ever touch Social Security and ment. If Congressman MULVANEY, as and shut down that. What is happening Medicare. the highest ranking budget official in right now in the U.S. Senate is that the

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.061 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1204 CONGRESSIONAL RECORD — SENATE February 15, 2017 other side is shutting down this admin- interested in generating new pro- tion it has been, I believe, in the last istration from getting on with the peo- growth ideas. It is a new day in Wash- 100 years. ple’s business of what they elected him ington. In the last 70 years, America has en- to do. I have long been an advocate of sim- joyed the greatest economic miracle in Today, after 8 years of failed fiscal plifying the way we fund our Federal the history of mankind. It was devel- policies that have produced the weak- Government. In my opinion, the best oped on the back of innovation, capital est recovery in 70 years, the lowest way to do that is ideally with a new formation, and the rule of law, com- GDP growth on a per capita basis in system, like the fair tax, for example, bined with the best workforce in the our history, a devastating time that which would move us to a totally new history of the world. Those are four left 4 million women in poverty after tax system and completely eliminate things that America possesses unique- the last 8 years and left many people the personal, corporate, and payroll ly, and which many other countries are struggling to get from payday to pay- taxes we suffer through to date. I think working hard to emulate. day—after those 8 years, tonight I am all of these ideas need to be considered, For too long, the strength of our actually very encouraged to finally be and none should be taken off the table economy has been held down by politi- debating pro-growth tax ideas that can arbitrarily. cians in Washington and the unin- actually grow the economy and put Having said that, one idea bears tended consequences that occur when people back to work. We now have an much scrutiny at this point in time, they try to interfere with the free en- enormous moment of opportunity to and that is the so-called border adjust- terprise system. It is time to trust that change the direction of our country ment tax now being discussed in Con- free enterprise system to get this econ- and unleash a new era of economic gress. It would hammer consumers, omy going again, and change the rules growth and prosperity for every Amer- shut down economic growth, and ulti- to create a more competitive environ- ican. mately grow the size of government. ment here at home that will allow us President Trump has repeatedly said In the last 16 years, under both Re- to compete overseas on a level playing that job one is growing the economy. publican and Democratic Presidents, field. It is time to simplify our indi- Personally, having worked in most the Federal Government has grown vidual Tax Code, reduce our corporate parts of the world in my career, I see from $2.4 trillion in constant dollars to tax rates, eliminate conflicting busi- this so differently from Washington. $3.8 trillion last year—some 60 percent ness tax deductions, and eliminate the My perspective is that of someone who growth in just two Presidencies, one repatriation tax so we can once again has a global business perspective, not Republican and one Democrat. become competitive with the rest of unlike that of our President. I know Tax schemes similar to the border the world. the way forward is not complicated. We adjustment tax in Europe grew the size In recent decades, many other coun- absolutely can grow this economy. of those governments in Europe by tries have made these changes, and we There are three things this adminis- more than 60 percent. That is the last are losing our competitive edge. Today, tration is already talking about to thing we need to be talking about right I am encouraged to see both Congress grow the economy: One, they have said now, after we just experienced a simi- and the White House working together we need to deal with this archaic, out- lar type of growth in our government on policies that will potentially grow dated, and noncompetitive tax struc- over the last 16 years. Growing govern- our economy and bring relief to busi- ture that we have; second, we need to ment with a new layer of complexity nesses and families who have been push back on these arcane regulations on top of our existing income tax sys- crushed by improper fiscal policies that have sucked the very life out of tem is the last thing we need to be that are driven by political attempts to our economy; third, we need to unleash doing at this point in time, when we manage our economy. the God-given energy potential that we Now is exactly the time to get these should be talking about, How do we have in our country today. The bottom changes right. We have an opportunity downsize the Federal Government, line is we have to create a more level to change our Tax Code to a more com- make our system more competitive playing field generated by trade nego- petitive structure that doesn’t pick with the rest of the world, create jobs, tiations to allow us to compete on a winners and losers, that doesn’t penal- and create the atmosphere for capital level playing field with the rest of the ize people for successes, and that al- formation and innovation again? world. lows us to compete with the rest of the Historically, lawmakers have The first two pieces of these changes world on a level playing field. are the changes to the Tax Code and crammed numerous proposals into sin- I like our chances if we can accom- rolling back the regulatory regime. gle, massive, overreaching bills. It is plish that, but let’s not confuse the Several ideas from both President the Washington way. Those bills have issue with what may seem acceptable Trump and Congress have surfaced in often hurt the very people that they in Washington but is devastating back recent days to improve our Tax Code: claim to champion. When bad ideas get home to men and women who are try- No. 1, lowering individual rates and mixed with good ideas, the bad ideas ing to create jobs in their local econo- cleaning up some of the deductions to oftentimes become law. That is exactly mies. simplify the individual code; No. 2, what could happen here if changes to We need to free up capital. We need lowering the corporate tax rate to be- the individual code, the corporate rate, to make sure the rule of law supports come more competitive with the rest of the repatriation tax, and this border the Constitution for every American. the world and cleaning up corporate adjustment tax are combined into one The American people deserve Congress welfare deductions that confuse the sweeping bill. This is exactly what treating these issues individually and competition among players here at Washington has historically done, and independently to generate a simplified home and create winners and losers in- the results have been devastating. approach to funding our government advertently; and, No. 3, dealing with Each of these proposals could be con- and growing our economy. the archaic repatriation tax. We are sidered independently and evaluated on I hear the other side whine about not the last country in the world that has their own merits. There is no reason we hearing any proposals coming out of this tax, and it penalizes our compa- can’t do that. That is not possible the White House. Donald Trump has nies for competing abroad. today because many people here be- been talking about what he would do These three components of changing lieve we are locked into the Wash- with the economy for the past 2 years. the Tax Code will make us more com- ington scoring equation instead of There is no mystery. He wants to grow petitive with the rest of the world, looking at the real economic long term the economy. Job one, he said, is grow- stimulate economic investment, and value of any of these ideas. ing the economy. That doesn’t mean spawn a new era of economic innova- Many other countries, such as the for the rich. That means for the work- tion in America. These changes would United Kingdom, have faced these op- ing men and women of America. help millions of Americans who have portunities, made decisions, and acted I believe they have a plan. It includes been crushed by this stagnant economy accordingly without combining other adjusting our tax system, pushing back for much too long. extraneous ideas, and the results speak on unnecessary regulations that are I am encouraged that today there are for themselves. Today, the United sucking the very life out of our econ- so many of my colleagues in Congress States is in the least competitive posi- omy and, finally, once and for all,

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.063 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1205 unleashing this great energy potential many of whom have etched warm is what everybody told me. In Alaska, that we have. homes and welcoming communities out in DC, hire DeLynn Henry. She is a leg- We already see moves today on some of wilderness. One of those people who end. She will make everybody feel at of the regulatory fronts, where we see has helped make my State truly ex- home. the new Secretary of HHS issuing a traordinary is Mona Painter, our Alas- DeLynn had been the scheduler for new rule today. We see the new leaders kan of the Week. former Senator Ted Stevens, a titan of that have been confirmed already tak- Mona, who will be 80 years old soon, the Senate since 1989. For the past two ing action in this administration. I, for first visited Alaska when she was just decades, she has met thousands of one, am anxious to move forward with 11 in 1949. She flew, by herself, with Alaskans. She has done the vitally im- this debate. others in a tiny four-engine passenger portant work of making sure that when I applaud our compatriots in the plane to visit relatives. In the 1950s, Alaskans come to DC—to our embassy House for bringing up these ideas. I she moved to Alaska for good and even- here, the Alaskan embassy—they feel look forward to an open and active con- tually settled in Cooper Landing. Coo- welcome, they get to meet with their versation, but now is the time for the per Landing has about 350 year-round Senator. other side to begin confirming these residents, but that number swells in To many of us, including my wife nominees so that we can get this econ- the summer. It has some of the best Julie, DeLynn is like family. Her job, omy growing. fishing and rafting anywhere in the which she takes very seriously, is I know you also are aware that our world—an astonishingly beautiful something she has done extraordinarily military is in devastating shape now place. well—for me and for Senator Stevens— after 8 years of disinvestment and 15 It has people like Mona, a devoted for decades. She is personal and kind. years of war. There is enough blame to wife, grandmother, great-grandmother, She does everything she can do to go around here. This is not about the and someone, who according to one fel- make sure that Alaskans feel welcome, blame game. This is about getting this low resident, is ‘‘the glue that binds part of our family, and feel at home. economic situation right where we can the community of Cooper Landing to- She has also raised two fine sons, fund our military so we can defend our gether.’’ Blake and Graham, and will soon be a country. She has done so much for this com- doting grandmother. I am very concerned that the other munity—volunteering countless hours DeLynn has accepted a job as the side is putting politics in the way of over the decades to ensure community scheduling coordinator for our new solving some of these problems that we cohesion in the schools, churches, and Secretary of Transportation. I am sad have that are so devastating to men various clubs, including the Cooper and happy for that. She will be leaving and women who are disenfranchised in Landing Community Hall, which serves my office. She will be leaving a big our economy and our men and women as the community’s unofficial city hole in my office. We, and so many in uniform around the world who are council. Alaskans, will miss her dearly, but we put in danger every day because we are Since living in Cooper Landing, Mona know she will be serving Secretary not funding our military the way we received an art degree, has taken an- Chao’s office with the same warmth should. thropology classes, and even took a and welcoming attitude she has served The time for rhetoric has passed. We taxidermy class—once practicing her Alaskans for nearly 25 years. are already past the tipping point of skills on a moose left on the side of the Thank you, DeLynn, for your years the most serious, I believe, physical highway. of service to Alaskans. You will al- crisis in our history. This debt crisis is One of Mona’s passions throughout ways, always have a home with us. very real. We don’t need to grow the the years has been to keep history Mr. President, I rise in support of economy just to grow the economy. We alive in Cooper Landing. To that end, Congressman MULVANEY’s confirma- have to grow the economy because it is she started the Cooper Landing Histor- tion to be OMB Director for many of one of several steps that are absolutely ical Society and Museum, with which the reasons that a number of my col- mandatory to solving this debt crisis, she is still very involved. For years she leagues have come to the floor and and we will not and cannot solve our has devoted her time and energy to col- mentioned. The Presiding Officer just national security crisis unless and lecting bits of history about Cooper talked about some of those reasons. My until we solve this debt crisis. I am op- Landing and sharing that history with colleague and friend from Wisconsin timistic tonight because we are begin- her neighbors, with residents, and with did a few minutes ago, also. Those are ning to talk about these very issues. all Alaskans. She is also the founding two issues that don’t get talked about I yield my time. member of the Kenai Communities As- enough here and, certainly, weren’t I suggest the absence of a quorum. sociation and helped to spearhead the talked about enough in the last 8 The PRESIDING OFFICER. The effort to create a national heritage years; that is, economic growth and clerk will call the roll. area in that part of our State. the overregulation of our economy. The senior assistant legislative clerk One of her friends said about her: Again, it wasn’t talked about a lot, proceeded to call the roll. ‘‘The whole essence of her life has been but we had a lost decade of economic Mr. SULLIVAN. Mr. President, I ask to make this community a better place growth. The end of the Bush years and unanimous consent that the order for to live and to restore the history of the the entire Obama years never hit 3 per- the quorum call be rescinded. community.’’ cent GDP growth in 1 year—never. The PRESIDING OFFICER (Mr. People like Mona make my State That is the first President in the his- PERDUE). Without objection, it is so or- great, and I want to thank Mona for all tory of the country not to do that. dered. she has done for Alaska, and thanks for For thousands, millions of Americans TRIBUTE TO MONA PAINTER being our Alaskan of the Week. the American dream was starting to Mr. SULLIVAN. Mr. President, in the TRIBUTE TO DELYNN HENRY disappear because nobody focused on past month, I have come to the floor to Mr. President, I want to talk about the issue of growth. I think in Novem- recognize Alaskans who have gener- another Alaskan. She is a great Alas- ber the American people voted and ously devoted their time and talents to kan, an honorary Alaskan, but to all said: We are not going to give up on the our State and made it a better place those who know her, a real Alaskan. So American dream. We want growth. We for all of us to live in. It is a great many people in my State know her. So want opportunity. Why did we have place to live. There is a mystique sur- many people in my State love her. I am that lost decade of growth where the rounding my great State—a well- talking about DeLynn Henry. economy grew at an anemic 1.5-percent earned mystique. People travel to Alas- When I got elected in 2014, I was GDP growth each quarter? ka from all over the world to discover looking for important members of my I think this chart shows a lot of the a part of themselves that craves high office to staff my office. As we all know reasons right here—the explosion of peaks, beautiful mountains, streams, on the Senate floor, the scheduler is Federal regulations that have literally and swaths of wilderness. probably the most important position. choked opportunity and economic The real wonders of Alaska are our I asked around, and the unanimous re- growth in our country. Year after people—kind and generous people, sponse was to hire DeLynn Henry. That year—Democrat or Republican—this is

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.067 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1206 CONGRESSIONAL RECORD — SENATE February 15, 2017 what we see. This regulatory overreach on May 7, 2015. We are all familiar with cial Security and Medicare ‘‘rapidly impacts all kinds of Americans, mostly Mr. Trump’s tweets. Here is a tweet enough.’’ small businesses. This is a big reason that he made on May 7, 2015: Just 2 years ago, Congressman why this economy has been stuck in I was the first and only potential GOP can- MULVANEY voted against the budget first gear. didate to state there will be no cuts to Social proposed by House Budget Committee When I had my discussions with Con- Security, Medicare and Medicaid. Huckabee Chairman Tom Price and House Speak- gressman MULVANEY, we focused on copied me. er PAUL RYAN, opting instead to vote this issue of growth, and we focused on So you have Candidate Trump mak- in favor of an even more extreme budg- this issue of overregulation. We ing it very clear that there would be no et by the Republican Study Com- haven’t had an OMB Director in years cuts to Social Security, Medicare, and mittee. The budget that Congressman who is focused like a laser on growth, Medicaid. MULVANEY supported would have cut like a laser on making sure we don’t On August 10, 2015, Trump said: Medicare by $69 billion more than the overburden our economy the way the [I will] save Medicare, Medicaid and Social Price-Ryan budget. It would have cut Federal Government has done for dec- Security without cuts. [We] have to do it. Social Security by $184 billion more, ades. That is exactly what we need . . . People have been paying in for years, and it would have cut Medicaid by $255 right now. We need growth. We need and now many of these candidates want to billion more than the budget proposed opportunity for Americans. We need cut it. by Chairman Price and House Speaker the Federal Government to be a part- On November 3, 2015, Mr. Trump said: RYAN. ner in opportunity, not an obstacle, as I will save Social Security. I’ll save medi- In fact, Congressman MULVANEY it is in so many States. care. . . . People love Medicare. . . . I’m not made it clear during his confirmation For these reasons and because I be- going to cut it. hearing in the Budget Committee that lieve the next OMB Director is going to On March 10, 2016, Mr. Trump said: he would advise President Trump to be focused on these issues—opportunity I will do everything within my power not break his promises not to cut Social for Americans and growth for our econ- to touch Social Security, to leave it the way Security, Medicare, and Medicaid. Dur- omy, which sorely needs it—I plan on it is . . . it’s my absolute intention to leave ing that hearing, Senator CORKER voting for the confirmation of Con- Social Security the way it is. Not increase called President Trump’s campaign the age and to leave it as is. gressman MULVANEY, and I encourage promises ‘‘totally unrealistic’’ and said It is my absolute intention to leave Social that they ‘‘make no sense whatsoever.’’ my colleagues to do the same. Security the way it is. Not increase the age When Senator CORKER asked Con- I yield the floor. and to leave it as is. The PRESIDING OFFICER. The Sen- gressman MULVANEY if he would advise It can’t be much clearer than that. the President not to follow through on ator from Vermont. On May 21, 2015, Mr. Trump tweeted: Mr. SANDERS. Mr. President, as the the campaign promises he made to sen- I am going to save Social Security without ranking member of the Budget Com- iors, this is what Congressman any cuts. I know where to get the money MULVANEY said: mittee, I rise in strong opposition to from. Nobody else does. the nomination of Congressman MICK I have to imagine that the President knew On January 24, 2015, Mr. Trump said: what he was getting when he asked me to fill MULVANEY to be the next Director of this role. . . . I’d like to think it is why he the Office of Management and Budget, I’m not a cutter. I will probably be the only Republican that doesn’t want to cut So- hired me. or OMB. cial Security. Like many of President Trump’s Whoa, what we have been discussing other nominees, my opposition to Con- Those are pretty strong statements. is precisely why so many people have What he just told you, in no uncertain contempt for what goes on here in Con- gressman MULVANEY has less to do gress and what goes on in Washington, with his extreme rightwing economic terms, can’t be clearer than that. He in general. What is going on here is views than it has to do with the hypoc- doesn’t want to cut Social Security. He that a candidate for President of the risy and the dishonesty of President doesn’t want to cut Medicare and United States says one thing in order Trump. The simple truth is that Con- doesn’t want to cut Medicaid. And you know what, millions of people actually to get votes, but the day after he is gressman MULVANEY’s record, in many elected, his tune dramatically changes, respects, is the exact opposite of the believed what he said. They actually and he nominates a number of people rhetoric that then-Candidate Trump thought that Candidate Trump was to his Cabinet and to high-level posi- used in order to get votes from senior telling the truth. But now that the election is over, tions within his administration who in- citizens and working families. Now, if President Trump has nominated a tend to do exactly the opposite of what Candidate Trump had run his campaign budget director, Mr. MULVANEY, who he campaigned on. Once again, Con- by saying: I am going to cut your So- would cut Social Security, would cut gressman MULVANEY—and I believe he cial Security benefits if elected Presi- Medicare, would cut Medicaid, and is exactly right—said: dent, well, you know what, Congress- would threaten the entire security of I have to imagine that the President knew man MULVANEY would have been the millions of Americans. what he was getting when he asked me to fill exact person that he should bring forth We just heard the exact quotes com- this role. . . . I’d like to think it is why he as OMB Director. If President Trump ing from candidate Donald Trump. hired me. had said: I am going to privatize your Let’s now hear the exact quotes com- So the President hires somebody who Medicare; vote for me because I am ing from Congressman MICK MULVANEY has been one of the most vigorous pro- going to privatize your Medicare—if about his views on these very same ponents of cutting Social Security, that is what he had campaigned on, issues. cutting Medicare, and of cutting Med- then Congressman MULVANEY would On May 15, 2011, Congressman icaid after he ran his entire campaign have been exactly the right choice for MULVANEY said on FOX Business News: telling the American people he would OMB Director. If Candidate Trump had not cut Social Security, cut Medicare, We have to end Medicare as we know it. said: I want to devastate Medicare, I and cut Medicaid. want to make it harder for poor people On April 28, 2011, Congressman Outside of Capitol Hill, where real to get the healthcare they need, and I MULVANEY said: people live, it turns out, not surpris- want to threaten the nursing home Medicare as it exists today is finished. ingly, that the overwhelming majority care of millions of senior citizens—if On August 1, 2011, Congressman of Americans—be they Democrats, Re- that is what Candidate Trump had MULVANEY said: publicans, or Independents—are op- said, MICK MULVANEY would have been You have to raise the retirement age, posed to cutting Social Security. In exactly the right and appropriate lead- lower a pay-out, change the reimbursement fact, according to an October 2016 sur- er for the job. system. You simply cannot leave [Social Se- vey by Public Policy Polling, 72 per- But those are not the words, that is curity] the way it is. cent of the American people, including not the rhetoric, and those are not the On May 17, 2011, Congressman 51 percent of Republicans, ‘‘support in- ideas that Candidate Trump raised dur- MULVANEY said: ‘‘I honestly don’t creasing, not cutting, Social Security ing his Presidential race. In fact, Can- think we went far enough with the benefits by asking millionaires and bil- didate Trump said exactly the opposite Ryan plan’’ because it did not cut So- lionaires to pay more into the system.’’

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.069 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1207 As it happens, that is exactly the benefits for people who are trying to people from serving in the government heart and soul of the legislation that I get by on Social Security checks of if they fail to pay their taxes. In 2015, will soon be offering. Legislation that I $13,000 a year. Congressman MULVANEY voted for a will be offering will expand Social Se- In my view, we don’t need a budget bill in the House that stated: ‘‘Any in- curity benefits, not cut them. It will do director who believes that ‘‘we have to dividual who has a seriously delinquent so by asking the top 2 percent to pay end Medicare as we know it,’’ nor do we tax debt should be ineligible to be ap- more in taxes, which, it turns out, is need a budget director who has said pointed or to continue serving as an not only the right thing to do, but it is that ‘‘Medicare as it exists today is fin- employee’’ of the Federal Government. precisely what the American people ished.’’ Let’s remember for a moment Congressman MULVANEY cosponsored want us to do. Various other polls have what things were like before Medicare three bills when he was in the South reached similar results. The people of was signed into law back in 1965. At Carolina State Senate that would have our country—once you get outside the that point, about half of all seniors prohibited tax cheats from serving in Congress and outside of the Republican were uninsured and millions more were the South Carolina State government. caucus, in particular—the American underinsured. Today, thanks to Medi- In other words, it looks like there is people know that when millions of sen- care, about 45 million seniors have one set of rules for Congressman iors, disabled veterans, and people with health insurance, and the senior pov- MULVANEY and another set of rules for disabilities are trying to get by on $13, erty rate has plummeted. Seniors are everyone else. $14, $15,000 a year, you do not cut their living healthier, longer lives. Thank In light of this information and in benefits, while at the same time give you, Medicare. light of Congressman MULVANEY’s ex- hundreds of billions of dollars in tax In my view, we do not need a budget treme rightwing record of attacking breaks to the top 1 percent. That is not director who supports cutting Medicaid the needs of the elderly, the children, what the American people want. by more than $1 trillion, threatening the sick, and the poor, I would urge all In my view, we don’t need a budget not only the healthcare of low-income of my colleagues to vote no on this director like Congressman MULVANEY, people but also the nursing home care nomination. who believes that Social Security is a of millions of vulnerable senior citizens With that, I yield the floor. ‘‘Ponzi scheme.’’ We don’t need a budg- and persons with disabilities. There are Mr. UDALL. Mr. President, I wish to et director who once voted to declare millions of not just low-income fami- oppose the confirmation of Congress- Social Security, Medicaid, and the U.S. lies but middle-class families who man MICK MULVANEY as Director of the Department of Education unconstitu- today are getting help with the nursing Office of Management and Budget. I re- tional. He was in, I believe, the South home payments for their parents spect Mr. MULVANEY’s public service Carolina State Legislature, State Sen- through Medicaid. If you make dev- representing the people of South Caro- ate. He actually voted on a vote— astating cuts in Medicaid, you are not lina, who elected him to serve in the which got very few votes—in the South only going to take away health insur- State legislature and in Congress. How- Carolina State Senate. He voted to de- ance from low-income Americans, you ever, the question before us today is clare Social Security, Medicaid, and are going to put enormous economic whether the Senate should confirm him the U.S. Department of Education un- stress on middle-class families who will to one of the most important economic constitutional. This is the person now have to pay the full tab for the positions in our government—a posi- whom President Trump has nominated nursing home care of their parents. tion that has major ramifications for to become the head of OMB. Finally, there is another issue; that global financial markets, the United So if you believe Social Security is is, Mr. MULVANEY’s taxes. After Con- States and New Mexico economies, and unconstitutional, if you believe it is a gressman MULVANEY was nominated to the jobs, health care, and retirement good idea to cut benefits for people who become the next OMB Director, it was security of every American. will be living on $13,000 or $14,000 a revealed that he failed to pay over Unfortunately, Representative year, I guess Mr. MULVANEY is your $15,000 in taxes for a nanny he em- MULVANEY’s record shows a shocking choice. If that is whom my Republican ployed from the year 2000 through 2004. willingness to put at risk the security colleagues want to vote for, that is Here is what Congressman MULVANEY of the public debt of the Nation and en- their business, but my job and the job wrote in response to a question I asked danger essential Federal programs that of everybody is to make it clear to the him on January 11: New Mexicans depend upon. I want to American people that the Republicans I have come to learn during the confirma- underscore a few of Representative are far more interested in cutting So- tion review process that I failed to pay FICA MULVANEY’s previous statements made cial Security and in giving huge tax and Federal and State unemployment taxes as a Member of Congress. breaks to billionaires than they are in on a household employee for the years 2000 First, he has supported playing taking care of the needs of the Amer- through 2004. Upon discovery of that short- chicken with the debt ceiling over par- ican people. fall, I paid the Federal taxes. The amount in tisan political issues, an action that We need a budget director who under- question for Federal FICA and unemploy- would jeopardize the U.S. Govern- ment was $15,583.60, exclusive of penalties stands that we have a retirement crisis and interest which are not yet determined. ment’s ability to repay the public debt. in America today. Today, more than The State amounts are not yet determined. If the debt ceiling is not raised, Federal half of older Americans have no retire- This is a very serious issue. As you officials have said that the revenue ment savings. That is just an extraor- will recall, 8 years ago Senator Tom coming into the government would not dinary reality. Over half of older work- Daschle withdrew his nomination as be enough to cover its obligations—po- ers in this country have zero in the Secretary of Health and Human Serv- tentially disrupting Social Security, bank. Think about what they are feel- ices after it was discovered that he Medicare, Medicaid, veterans benefits, ing when they hear people like Con- failed to pay taxes for one of his do- military payments, student loan pay- gressman MULVANEY saying: Hey, you mestic workers. ments, and many other government got nothing now. You are going to try On this issue, I agree wholeheartedly services. to get by on $12,000, $13,000 a year in with Minority Leader Schumer, who Despite these clear dangers, Rep- Social Security, and we are going to said: resentative MULVANEY voted no on cut those benefits. raising the debt ceiling every time it When other previous Cabinet nominees Today, more than half of older Amer- failed to pay their fair share in taxes, Senate came up for a vote in 2011, 2012, and icans have no retirement savings. More Republicans forced those nominees to with- 2013. He claimed that risking disrup- than one-third of senior citizens depend draw from consideration. If failure to pay tion to Social Security and veterans on Social Security for all of their in- taxes was disqualifying for Democratic benefits was ‘‘a fabricated crisis.’’ He come. One out of five senior citizens is nominees, then the same should be true for went so far as to question the majority trying to make ends meet on income of Republican nominees. leader, claiming that, if the Senate less than $13,000 a year. I will tell you, Mr. President, here is the irony: Over chose to raise the debt ceiling, the ma- I hope people are able to sleep well, and over again, Congressman jority leader ‘‘should just quit and go people who think it is appropriate to MULVANEY has sponsored and cospon- home.’’ I, for one, will be here to defend give tax breaks to billionaires and cut sored legislation designed to prohibit the full faith and credit of the United

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.069 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1208 CONGRESSIONAL RECORD — SENATE February 15, 2017 States’ public debt and protect essen- has no reservations about using a gov- together like gears that mesh cleanly tial government services that our sick, ernment shutdown or the public debt together and do not conflict. It is the our elderly, and our veterans depend as bargaining chips. He has stated that Director of the OMB who helps to de- upon. he will push to eliminate Social Secu- termine the cost of proposed legisla- Putting someone with such strongly rity for people under 70. He will slash tion, which can advance or doom any held and reckless views into power at Federal consumer protections and cut particular proposal. It is the position the OMB is an endorsement of policies support for small businesses, labor of the OMB Director to review the im- that could cause another global finan- rights, financial oversight, community pact of proposed regulations, and that cial crisis—devastating millions of health, and environmental protection. can also have a significant impact. American families. I cannot in good I have heard from many people and I come to this conversation with a conscience support his nomination for groups—a broad coalition of consumer, number of concerns, and the first is the this reason alone. small business, labor, good govern- position of the nominee on Social Se- Second, Representative MULVANEY is ment, financial protection, commu- curity. For 82 years, Social Security a founding member of the group of ex- nity, health, environmental, civil has provided for the American people, treme House Republicans who forced rights, and public interest organiza- and it has helped our Nation prosper. the government to shut down in Octo- tions—who oppose the nomination. I On the third anniversary of the So- ber 2013 over their blind opposition to stand with them. I strongly oppose cial Security Act, in 1938, Franklin the Affordable Care Act. In New Mex- Representative MULVANEY’s nomina- Roosevelt pointed out: ‘‘Men and ico, the impacts of the shutdown were tion to be Director of the Office of women too old and infirm to work ei- felt immediately as our civilian em- Management and Budget and urge my ther depended on those who had but lit- ployees were sent home from military colleagues to do so as well. tle to share, or spent their remaining installations, national parks and for- Mr. SANDERS. I suggest the absence years within the walls of a poorhouse.’’ ests were closed to tourists, and count- of a quorum. That is not the vision we have today. less other services were halted. The The PRESIDING OFFICER. The Thanks to Social Security, our seniors shutdown lasted over two weeks, and clerk will call the roll. have a basic income to see them Representative MULVANEY and other The legislative clerk proceeded to through their golden years. They can members of his extreme wing of the call the roll. live out their lives in relative comfort Mr. MERKLEY. Mr. President, I ask House could have ended the shutdown and security, rather than, as Franklin unanimous consent that the order for at any time. Roosevelt put it, ‘‘within the walls of a Representative MULVANEY claims the quorum call be rescinded. poorhouse.’’ that he opposes wasteful government The PRESIDING OFFICER. Without spending, but an analysis by Standard objection, it is so ordered. In 2016, roughly 61 million Americans and Poor’s found that the October 2013 Mr. MERKLEY. Mr. President, here received over $900 billion in Social Se- government shutdown cost $24 billion— we are on another evening, debating curity benefits. That is a huge injec- $24 billion with nothing to show for it. another Cabinet nominee, addressing tion into our economy, and it is spent almost immediately on fundamental Even Representative MULVANEY admit- the question that Hamilton put before ted that his shutdown hurt people. On us, which is whether an individual is of goods. Nearly 9 out of 10 Americans October 16, 2013, he told CNN, ‘‘Were fit character to serve in a particular older than 65 receive Social Security people hurt by this? Sure.’’ He admit- post. This effort, this advice and con- benefits, and for one-quarter of our So- ted that, if you were one of the mil- sent responsibility held by the Senate, cial Security beneficiaries, including lions of people who relied on the shut- is one that was anticipated by our both those who are single and those tered services, his shutdown hurt you, Founders to be used rarely because the who are married, Social Security ac- counts for virtually their entire in- but Representative MULVANEY showed very existence of this power, they felt, little remorse. I stand by what I said at would ensure that a President would come. That would be many millions— the time. Insisting on blind cuts or a nominate people who are appropriately more than 15 million Americans who government shutdown to prove a point suited to the post they would hold. So would definitely be struggling in the isn’t leadership. I do find it troubling the number of most difficult fashion financially if So- Third and finally, Representative times I have come to the floor in these cial Security didn’t exist. MULVANEY is on record advocating last few weeks to speak about a nomi- Retired workers and their dependents enormous cuts to Medicare, and he is a nee and consider whether they are fit account for about 71 percent of the ben- proponent of Speaker RYAN’s preferred and to find that perhaps the individual efits paid. Funds also go to disabled voucher concept for Medicare. He also is lacking. workers. Disabled workers and their has long been hostile to Social Secu- Tonight we are considering the nomi- dependents account for about 16 per- rity and voted in the South Carolina nation of Congressman MICK MULVANEY cent of the benefits. Survivors of de- State Senate to declare Social Secu- to head the Office of Management and ceased workers account for another 13 rity, along with Medicaid and the De- Budget. This is a powerful organiza- percent or roughly one-eighth of the partment of Education, unconstitu- tion, and it is a very important posi- benefits paid. tional. tion. It plays a critical role in the over- Simply put, Social Security assists Workers earn their Social Security sight and management of our Federal our retired workers, our disabled work- benefits through a lifetime of paying budget. It plays a critical role in deter- ers, and the survivors of our deceased into the Social Security system. And it mining what gets funded and what workers. It is one of the best ideas is unfair to delay or cut the benefits doesn’t get funded. So with that in America has ever put forward, but Con- they have paid into. Raising the retire- mind, it is important that we have a gressman MULVANEY doesn’t agree. He ment age to 70, as Representative robust debate about this position and sees Social Security as a Ponzi scheme. MULVANEY has advocated, would cut about this nominee. Let me explain what a Ponzi scheme is. benefits by nearly 20 percent for all To break that down a little bit, the A Ponzi scheme is something where the beneficiaries. Raising the retirement Office of Management and Budget puts incoming amount raised immediately age would be hardest for those New together the budget for the President. pays for the benefits of somebody who Mexicans who work in jobs that require In doing so, they take the vision our paid in money previously. heavy manual labor, which becomes President has articulated, and they We actually have a Social Security harder to do as we age. With all the build it into a roadmap to accomplish trust fund, which is the difference be- challenges people have saving for re- that vision because where you spend tween MICK MULVANEY’s description of tirement, especially as New Mexico money affects what actually happens Social Security and what we actually continues to struggle to recover, the as we pursue programs here in the have. If we made no changes, no last thing we should do is raise the So- United States of America. changes at all to increase the lifetime cial Security retirement age. It is the Director of the OMB who of the trust fund, it would continue to In conclusion, Representative works to make sure the various pieces be able to pay 100 percent of the bene- MULVANEY has demonstrated that he of the Federal Government are working fits through 2034 and roughly three-

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.066 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1209 quarters of all benefits currently prom- to have folks come to my townhalls multiple sclerosis. It was a fundraiser ised ever after. That is if we make no and say: Senator, I am just trying to for multiple sclerosis. She said: Sen- changes. stay alive until I get to age 65, and ator, this year is so different from last If we make small changes, our Social they would tell me how they had mul- year. That was the year before the Af- Security trust fund is solvent for dec- tiple diseases and they were choosing fordable Care Act was implemented. I ades and decades into the future. Cer- between which disease to treat or how asked: How so? She said: A year ago, if tainly, I think we should aspire to that they had a single significant problem, your loved one was diagnosed with MS vision of a trust fund that has a 75-year but they were deciding to skip their and they had insurance, you knew horizon, a full solvency. pills every other day or cut their pills there was a good chance that your in- The issue that Congressman in half or perhaps go a week without surance was going to run out at the end MULVANEY raises, the idea he raises for their pills at all or how they were of the year or they would hit a lifetime changing how we adjust Social Secu- choosing not to go to the doctor when limit, and they wouldn’t be able to pay rity, however, isn’t one of increasing they developed a difficulty because for the care they needed. She said: If the amount of wages that are subject they were afraid they wouldn’t be able you didn’t have insurance, you now to Social Security tax; it is not one of to afford the payment. That is not a have a preexisting condition that putting premiums on the income healthcare system, but MICK would prevent you from ever getting earned through nonwages, which is pri- MULVANEY wants to say to those folks: insurance. marily income raised by wealthier Oh, you reached age 65, too bad. I am She went on to say that the dif- Americans. Instead, it is to say to providing this healthcare program an- ference between last year and this folks: Just retire later. other 5 years into the future. That is year, because of the Affordable Care When you are a white-collar worker simply wrong, but more than wrong, it Act, is that now members in the MS and you work in an office that is nicely is also in direct contradiction to the community—those who had the disease air-conditioned and you have had full promises made by President Trump and their family members who were healthcare benefits throughout your during his campaign. supporting them all out at this fund- entire life, maybe when you get into The contrast is incredibly stark be- raising walk—now knew their loved your sixties, you say, ‘‘Well, maybe I tween the President’s promise to one would have the peace of mind that could keep working a little longer,’’ Americans that unlike so many of the they would get the care they needed. but the reality for a huge percentage of folks in his party, he would not be the This is what a healthcare system is all Americans who work difficult jobs, who one to promote tearing down Medicare about, peace of mind, but MICK work jobs where their bodies wear out, and Social Security. He would not be MULVANEY wanted to tear away that they don’t have the choice of simply the one to promote advancing the re- peace of mind. He proceeded to support saying: I will retire in another 5 years, tirement age so people who are strug- a 16-day government shutdown that because they literally have developed gling have to struggle for another 5 cost our country $24 billion—and to so many issues and challenges that it years. So it is a poor fit between this what purpose? To rip peace of mind is impossible to do the same kind of individual and the office and the prom- away from 20 million Americans. work they did in their twenties and ises made to the American people. Back in 2015, he threatened to do it their thirties in their sixties. Another concern I have is in regard all again. The damage he had done—the So that strategy of moving the goal- to Congressman MULVANEY’s advocacy $24 billion he had stolen from the post on American workers, many of for shutting down the economy. He American Treasury in the context of whom are decades already into the seems very comfortable playing Rus- damaging the government with that work they are doing, doesn’t fulfill the sian roulette with our economy. He and shutdown—he was ready to do it all promise and the vision of the Social a group of other House Members again in order to make sure Planned Security Program. brought our government to a screech- Parenthood never gets a dime from the While Social Security is a great idea, ing halt in 2013 because they wanted to government. To be clear, not a single moving the retirement age to age 70— defund the Affordable Care Act. What dime from the government goes to which MICK MULVANEY advocates for, is the Affordable Care Act? The Afford- Planned Parenthood for abortions. In from his view as someone who comes able Care Act has enabled 20 million fact, the organization that has done from a job that perhaps isn’t as ardu- Americans to gain access to healthcare more to decrease abortions than any ous as many jobs in America—is a bad that they didn’t have previously. other in our country is Planned Par- idea. In my home State of Oregon, the Af- enthood. The government funds go for This vision continues on into Medi- fordable Care Act has enabled about different purposes. They go to Planned care. Like Social Security, Medicare is one-half million people to gain access Parenthood to do cancer screenings, also a generational promise, a lifeline to healthcare, both through expansion breast cancer screenings, prostate can- for countless Americans since Presi- of Medicaid, known as the Oregon cer screenings, and a whole host of fun- dent Johnson signed it into law now Health Plan, and also through the damental basic healthcare. They are more than five decades ago. Over 55 healthcare exchange and marketplace the healthcare provider for 2.5 million million Americans rely on Medicare for where you can compare one policy to American women. Just as he was ready their health and their financial secu- another, shop for the policy that best to recklessly shut down the govern- rity. Roughly, 46 million are older fits your family, and those of modest ment to rip healthcare away from 20 Americans, 9 million are younger means get credit to help pay for those million Americans in 2013, he was Americans with disabilities or certain policies so they can actually afford ready to defund these essential illnesses. them. It is an affordable care plan that healthcare clinics serving 2.5 million While this program has worked in- provides for a healthcare set of bene- Americans in 2015. That is a sign of credibly well, our nominee wants to fits—benefits such as the ability to someone who has lost their policy ‘‘end Medicare as we know it.’’ Those keep your children on your policy foundations and is acting in an irre- are ominous words for the 55 million through age 26, benefits such as not sponsible and unacceptable manner. Americans relying on Medicare. He having an annual limit or a lifetime Let’s talk a little bit about the Con- also believes we have to raise the re- limit on your policy so that when you sumer Financial Protection Bureau. tirement age. do get seriously ill, you don’t run out The CFPB was in response to a big He told Bloomberg News in 2011: of healthcare partway into treating problem in America, which was that we ‘‘You have to raise the retirement age, your disease. It is the Affordable Care had no one looking out to shut down lower a payout, change the reimburse- Act that ends gender discrimination in predatory financial practices. It was ment system.’’ the insurance marketplaces. It is the the responsibility of the Federal Re- The problem with raising the retire- Affordable Care Act that says if you serve, but the Federal Reserve had ment age is the same problem we have have a preexisting condition, you can their conversation on monetary policy with Social Security. For American still get insurance. up in the penthouse—the top level, if workers working hard in many types of I was at a fundraising walk for a you will. That is what the Chairman of jobs, their bodies are worn out. I used woman who had a family member with the Federal Reserve paid attention to.

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.072 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1210 CONGRESSIONAL RECORD — SENATE February 15, 2017 They took the responsibility for con- agency that is finally fighting for fi- priorities for the administration has sumer protection and put them down in nancial fairness for working families. immense power. This position controls the basement, and they locked the door Wait. We have a President who said he the President’s budget, and that means and threw away the key. is going to fight for working families. that this person can give the green Folks kept coming to the Federal Re- MICK MULVANEY should be backing the light to programs and policies across serve saying: Hey, there is a major con- CFPB. He should be expanding the the Federal Government or stop them cern here. We have these predatory CFPB. He should be championing the in their tracks. And because he has a mortgages that have these teaser rates, CFPB, but, no, he wants to tear it long track record as a legislator, Con- and they are going to destroy the fami- down. That is deeply disturbing. gressman MULVANEY has already shown lies who get those mortgages. They are I see my colleague, the Senator from what kind of decisionmaker he will be going to destroy their dream of home- Hawaii, who is prepared to make re- if he is in charge of the Office of Man- ownership and turn it into a night- marks. I am going to wrap up my re- agement and Budget, OMB. mare. People went to the Federal Re- marks. I will be blunt. His record and his serve and said: By the way, we now There are more concerns that I have ideas are worrisome. It should concern have these wire loans, where there is about the policy perspectives and how every Senator who is worried about no documentation of income and peo- out of sync this nominee is with the some of the biggest issues facing Amer- ple are being sold these loans that they promises the President made to fight icans, from Social Security, to public have no hope of repaying. In addition, for working Americans, the promises health, to the basic, uninterrupted op- we have another predatory practice he made to take on Wall Street, the erations of the government itself. So called steering payments, which are promises he made to protect Social Se- this vote is a moment of truth. It will kickbacks to originators. So they are curity, the promises he made to determine where we really stand on the getting kickbacks to steer people into strengthen Medicare, not to tear it issues that shape both individual lives subprime loans with high interest rates down. So for all these reasons, I find and our country’s future. rather than prime loans that they MICK MULVANEY is not the right person Let me highlight just four issues to qualify for. What happened? The Fed- to fill this post, and I encourage my show why this person is the wrong per- eral Reserve ignored all of that. That is colleagues to vote against confirming son to run OMB. the foundation for the collapse of our him in this capacity. The first is Social Security. More economy in 2008. The PRESIDING OFFICER. The Sen- than 80 years ago, President Roosevelt So along comes ELIZABETH WARREN. ator from Colorado. signed the Social Security Act into ELIZABETH WARREN, as an advocate, ORDERS FOR THURSDAY, FEBRUARY 16, 2017 law. In doing so, he created a national not yet a Senator, comes to this body Mr. GARDNER. Mr. President, I ask plan to provide economic security for and said: We need an agency whose unanimous consent that when the Sen- American workers. Since then, Social mission is to look out and stop preda- ate completes its business today, it ad- Security has proven to be the most tory financial practices, a Consumer journ until 10 a.m., Thursday, February successful anti-poverty program in our Financial Protection Bureau, and we 16; that following the prayer and history. Each year, it lifts more than got it done. pledge, the morning hour be deemed 20 million Americans, including 1 mil- What does MICK MULVANEY say about expired, the Journal of proceedings be lion children, out of poverty. this effort to stop predatory financial approved to date, and the time for the It is hard to imagine a world without practices? He says it is a ‘‘sick, sad two leaders be reserved for their use Social Security, but I want everybody joke.’’ So I asked him about this in later in the day, and morning business to understand that pre-Social Security, committee. I said: Really? This is an be closed; finally, that following leader we had tens of millions of Americans— agency that finally is watching out for remarks, the Senate proceed to execu- more than we do now—who would be in working families so they are not prey tive session, as under the previous poverty upon retirement. So this pro- to predatory, fraudulent practices. And order. gram has actually reduced poverty he said: Yes, ‘‘a sick, sad joke.’’ The PRESIDING OFFICER. Without among the elderly more than any other I said: You know, they have returned objection, it is so ordered. program could possibly have accom- funds to 27 million Americans. What ORDER OF PROCEDURE plished. other agency has fought for Americans Mr. GARDNER. Mr. President, if Nowhere is Social Security more im- in that fashion—returned funds to there is no further business to come be- portant than in Hawaii. More than them from folks who were operating in fore the Senate, I ask unanimous con- 200,000 people receive Social Security a predatory fashion, to 27 million sent that following the remarks of Sen- benefits. For more than one in four Ha- Americans. I didn’t change his view by ators SCHATZ, WHITEHOUSE, and waii seniors, Social Security is their raising that. HIRONO, the Senate resume morning only source of income. And the money I said: You know, this agency, to business and then stand adjourned just isn’t enough; it is about $14,000 a those 27 million people, has returned under the previous order. year. Just to give folks an under- $12 billion. There was $12 billion re- The PRESIDING OFFICER. Without standing of Hawaii, we are considered turned to people who were cheated; objection, it is so ordered. the second or third most expensive isn’t that a good thing? But I didn’t The Senator from Hawaii. housing market in the United States. persuade him. Mr. SCHATZ. Mr. President, the Sen- We are after New York and sometimes He said: You know, I don’t like the ate is preparing to vote on Congress- in second place or third place, depend- way this agency is set up. I want it to man MICK MULVANEY to lead the Office ing on where San Francisco is, but we be a commission rather than an indi- of Management and Budget. This nomi- are one of the most expensive places to vidual who heads it, and I want the nation may seem like it doesn’t de- live in the United States. For one in funds to be appropriated annually by serve a lot of attention because we four Social Security recipients, that is Congress. don’t hear much outside of Washington all they get—$1,200 a month. Usually I can tell you exactly why he wants about the OMB, the Office of Manage- that will cover your apartment. That those provisions, because that is the ment and Budget. It is kind of a will not cover your electricity, it won’t way Congress, at the behest of Wall wonky, obscure office, with fewer than cover your utilities, it won’t cover Street, can step on the airhose that 500 staff members. your food or clothing, and it won’t supplies the oxygen to CFPB. They can At a time when there are so many cover your healthcare. stop the CFPB from functioning as a looming questions about this Republic, Today, most working households guardian, as a watchdog for consumers about this administration, it is easy to have little or no retirement assets at in America by simply defunding it. overlook the Congressman’s nomina- all, and many rely entirely on Social We have a President who ran on the tion, but it actually matters very Security. This is partly because em- principle of taking on Wall Street, but much, particularly at this moment, ployer-provided pensions are becoming MICK MULVANEY doesn’t want to take and that is because the person who a thing of the past. So Social Security on Wall Street. He wants to do their controls the budget, the person who is more important than ever. It has be- bidding, to be able to shut down this has the final say on fiscal and financial come a pillar of our retirement system

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.073 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1211 that continues to work well. It is a uni- into the Social Security trust fund recession just as we were finally recov- versal guaranteed source of income that the majority of hard-working ering from the last one. that workers earn and depend on when Americans do. Think about how markets would they retire, but it is just not enough. Here is how it works. The cap is react if the U.S. Government declared I will just add that it is only in roughly $120,000. So you pay Social Se- that it would not make good on its fi- Washington, DC, where entertaining curity—almost everybody pays Social nancial obligations. The stock markets the idea of cutting Social Security is Security tax, up to $120,000 in income. would go crazy, and not in a good way. considered moderate or mainstream or That is mostly everybody, right. But if That would be terrible for the millions conservative, even, or adult. I mean, you make $120,000, all of that is taxed of people who invest their savings in there is this sense that the way we up to $120,000. If you make $70,000, it is the market for their retirement. ought to fix the challenges we have fis- taxed up to $70,000. If you make $120 The Congressman has also voted sev- cally as a country is to take it out of million in income, your first $120,000 is eral times to shut down the Federal the hides of people who get $1,200 a taxed for Social Security purposes; ev- Government, all in the name of getting month to live. erything else is taxed at zero for Social his way. I cannot emphasize enough Instead of strengthening the pro- Security purposes. how dangerous his approach to govern- gram, Mr. MULVANEY’s ideas are very My view is that every dollar of in- ment is. It is one thing as a Member of radical. He has said he wants to sys- come should be taxed for Social Secu- the House Freedom Caucus, as a Mem- tematically alter Social Security by rity purposes, and that does two ber of the U.S. House of Representa- raising the retirement age to 70 years things: First, we are going to be in a tives—there are 435; you can take posi- old. He wants to raise the retirement position to increase benefits—not mas- tions—but it doesn’t have quite the di- age to 70 years old. This is not an ob- sively, but every little bit counts. Sec- rect impact that the Office of Manage- scure person being appointed to an ob- ond, we will be able to increase the sol- ment and Budget does. He has put scure post; this is a Member of Con- vency of the Social Security trust fund party and partisan views over some of gress being appointed to be the head of to the year 2049. the most fundamental and basic prin- the Office of Management and Budget. Most every family has a Social Secu- ciples of our government. To close the We are going to vote on him tomorrow, rity story, whether it is a grandmother government, to stop paying our bills, and everybody who says they are for who relies on the program’s benefits to to make people across the planet ques- Social Security is about to vote for a pay for groceries, a father who suffered tion the full faith and credit of the person who wants to raise the Social a debilitating injury after decades of United States is beyond comprehen- Security retirement age to 70 years hard work and receives much needed sion. old. Social Security disability benefits, or a It should take a real crisis to pull He has called Social Security a Ponzi widowed mother who relies on Social Congress away from the negotiating scheme. When he worked in the South Security survivors benefits to bring up table and all the challenges in front of Carolina State Senate, he voted to de- her children. us. But it actually wasn’t a crisis that clare Social Security unconstitutional. In my own home, we have three gen- led the Congressman to vote to close Again, he voted to declare Social Secu- erations living together—my wife our government; it was Planned Par- rity unconstitutional, and I predict he Linda and me; our kids, Tyler and Mia; enthood and the ACA. While we may will get all of the Republican votes. and Linda’s parents, George and Ping disagree about the best approach on And all of these folks who say they Kwok. George Kwok lived the Amer- healthcare and even on reproductive wanted to protect your Social Secu- ican dream. He ran a chop suey house, choice and women’s health, those dis- rity, after they put Tom Price at the a Chinese restaurant in Honolulu, agreements should never get in the head of HHS, they are about to put Kwok’s Chop Suey, and worked hard all way of the U.S. Government going someone who is dedicated to under- his life to give opportunities to his about its business. Yet Congressman mining the most successful anti-pov- kids, until his eyes gave out. Like MULVANEY’s actions went against that erty program in American history. 200,000 seniors across Hawaii, he now basic principle. When asked in his confirmation hear- relies on Social Security—SSDI—So- With respect to our Democratic insti- ing—because, look, you are a Member cial Security disability. tutions, the procedural violence that of Congress; you represent a certain I tell you about my family not be- was done to the U.S. Congress is hard constituency; you have certain views. cause we are unique but because we are to overstate in this case. The idea that Some people are able to sort of pivot not, because we are like so many fami- a faction of a party would demand con- from their role as a legislator, as a pol- lies in Hawaii and across the country. cessions—and I think we remember itician, and into a role as an appointee, And with the number of retirees grow- this—would demand concessions in ex- a Secretary, a nominee. So when he ing, we need to do everything we can to change for satisfying their infliction of was asked in this confirmation hearing strengthen this program, not to weak- pain on the United States is unbeliev- if he would recommend that the Presi- en it. able. And why? Because we are all dent break a campaign promise to After a lifetime of hard work, seniors Americans here. We all want to do leave Social Security alone, the Con- deserve to retire with the dignity and right by our country. So the idea that gressman said that he would rec- the benefits they have earned. This is a one party would be willing to inflict ommend that the President make cuts promise from the Federal Government. terrible pain on the country, or else, to the program. So this isn’t something The current generation of Americans was so beyond the pale that there is no he has recanted; this is something he must keep our promises to seniors, but rule against it, there is no law against stands by—up until and including given his record, I am convinced that it. And do you know why there is no through his confirmation and his serv- Congressman MULVANEY will try to do rule and no law against it? It is be- ice at OMB. the opposite. cause nobody contemplated that a But why make cuts to the most suc- The second issue I am concerned major political party would behave in cessful anti-poverty program in Amer- about is the basic operations of govern- such a way. The assumption has always ican history? Why would we make cuts ment. Whether you are a member of been that elected leaders would find a to a program that is financed by its the military, a visitor to a national better way to stand up for their strong- own revenue stream and by law does park, or a worker looking to retire in ly held beliefs than by threatening to not add $1 to the deficit? Why would we the near future, we all need for the bring the American economy to its cut benefits now just because we may government to fulfill its basic obliga- knees. Up until the shutdown led by have to cut them in 20 years? If we are tions. But Congressman MULVANEY the Congressman, that had been a safe going to change Social Security, let’s voted to default on the U.S. debt sev- assumption. do it in a way that expands benefits for eral times, and he did it in the face of In 2011, Congress’s delay in raising generations to come. Let’s lift the cap warnings from the U.S. Treasury that the debt limit forced the Department on taxable earnings. Let’s remove the this would be unprecedented and cata- of Treasury to take what they call ex- wage cap that unfairly shelters the strophic for our economy and that it traordinary measures to ensure that highest earning Americans from paying could drive the world deep into another our government could pay its bills.

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.075 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1212 CONGRESSIONAL RECORD — SENATE February 15, 2017 GAO estimates that this raised Treas- country faces, it is clear that we need Taking money away from the Pre- ury’s borrowing costs by about $1.3 bil- an OMB Director who understands the vention and Public Health Fund would lion in fiscal year 2011. That is $1.3 bil- value of science, research, and public strip the CDC and other important lion in added government costs just for health. But the Congressman has said agencies of the funds they need to pro- coming close to defaulting. The Bipar- that climate change is based on ‘‘ques- tect our country from within and from tisan Policy Center projects that the tionable science’’ and ‘‘baseless without. That is what happened in Con- full cost of that crisis to the Federal claims.’’ He has asked if we need gov- gress. The legislative branch did not Government alone—not to the private ernment-funded research at all. These fully step up to the plate and do its job sector economy, just the Federal Gov- are not the views we should see from in addressing Zika. Because of that, we ernment—was around $20 billion over the person who directs the budget of forced the Obama administration to the maturity of that debt. the executive branch. pull money from the CDC to address There is nothing conservative about In September of last year, Congress- Ebola or from States to address other defaulting on what we owe. It cripples man MULVANEY posted a statement public health risks. Doing so disrupted free markets. It is Russian roulette about Zika on Facebook. He said: public health infrastructure planning playing, with a bullet in every cham- I have received all sorts of email and across the world that we still need to ber. There is nothing conservative Facebook comments this week on Zika. make sure that Ebola never ravages Some people want me to pass a ‘‘clean’’ bill about that. communities again. (which I suppose means not paying for it Regardless of your side of the aisle, When the government closed in 2013, with spending reductions elsewhere.) Other we paid Federal workers to stay home. we can all agree this is the one thing folks want us to fund more research if we that government has to do; that is, to I want everybody to understand what can find a way to pay for it. we ended up doing. Listen, it wasn’t No one has written me yet, though, to ask keep us physically safe. Investing in their fault. These government employ- what might be the best question: Do we real- CDC and other agencies that protect ees are not the ones who screwed up; it ly need government research at all? Do we our citizens from diseases shouldn’t de- really need government funded research at pend on your philosophy of govern- was the Congress that screwed up. We all? paid dedicated Federal workers who ment. Unless you believe in, literally, In his statement, he goes on to ask no government, this is money well want to do their jobs, not to do their questions that many have asked about spent. This is the kind of thing the jobs. We forced them to stay home and what we are seeing in Brazil, as op- government does. We cannot walk paid them anyway. I defy you to find a posed to other countries affected by away from our country’s legacy of conservative outside of the Halls of Zika. But that is exactly why you do funding good research that saves lives, Congress who finds that to be a con- the research. It is not for a Member of but that is exactly what Congressman servative proposition. It is one thing to Congress to referee how much money MULVANEY suggests we do. shut down the government for a couple should go to CDC and play amateur sci- He has also made deeply disturbing of weeks and accrue the savings. I entist. We have expert agencies. The comments about the science behind cli- think that is inhumane, I think that is CDC did an extraordinary job, not just mate change. There can be no doubt bananas, but at least you would save on Zika but on Ebola. They have done that climate change is real, that it is the money. These folks ended up pay- extraordinary work over the decades in caused by humans, and that we have a ing all the money out and just forcing keeping people safe. If he is saying responsibility to take action. We ig- government workers to not do their there are some scientific mysteries re- nore the science that shows us this at jobs. This is not the left or right; this maining around Zika, that is abso- our own risk, and it is a risk our coun- is upside down. We prevented Federal lutely true. That is why we need to try cannot take. workers from doing their important give the CDC and the National Insti- The fourth and final issue I want to work, like assisting small businesses tutes of Health money to try to figure touch upon is healthcare—specifically, and combating terrorism. this out. Those questions are the very Medicare and Medicaid. I am a little Ultimately, the 2013 shutdown was a reasons we need government-funded re- worried that people feel reassured be- bad move for our economy and for our search, not an excuse to get rid of it. cause of the rhetoric they heard last budget. It cost us money instead of I want to be clear as to why this mat- year from the President. He did reas- saving us money. In just the first week, ters so much. I am not trying to catch sure his voters that he was going to it cost the economy $1.6 billion in lost him saying something that is a little save Medicare and Medicaid and pro- economic output, and it cost about $160 off. There is a foundational, bipartisan tect it from cuts. He promised several million a day on the private sector consensus around public health re- times that he wouldn’t make any cuts side. search, and the person who has been whatsoever to Medicare and Medicaid. Worst of all, the Congressman has nominated to run the Federal budget But when a Senator reminded Con- not seen the error of this. There were a doesn’t appear to believe in that re- gressman MULVANEY about this during lot of Members of Congress on both search. This isn’t just out of the polit- his confirmation hearing, he did not sides of the aisle who—in the heat of ical mainstream. People will die if he say he would support the administra- the battle, you sort of think the other implements his point of view. tion’s promises to the American peo- side is going to back off and listen. We Look at some of the diseases where ple. He said that he would advise the all learn lessons. We all make mis- government-funded research has had a President to break that promise. He takes. There are a lot of Republicans significant impact on saving lives: said that he would advise President who went through that shutdown and Ebola, HIV/AIDS, malaria, polio, to Trump to break his campaign promise said: We never want to do that to the name a few. We have made the ad- and change Medicare and Medicaid. country again. But Congressman vances we see today because the gov- Why are we voting for this person? He MULVANEY has not seen the error of his ernment stepped in and invested in the said that he would advise the President ways. He still believes the government research, and that has to continue. to break the promise and change Medi- shutdown was a good idea, and he said Right around the time we debated care, Medicaid, and Social Security. so at the confirmation hearing. funding for Zika, I visited the Centers He wants to cut Medicaid—a program Senator MCCASKILL asked if he still for Disease Control and Prevention, or that millions of people rely upon. More thought the shutdown was the right CDC, in Atlanta to learn more about than 50 years ago, when Medicaid was way to go about things, and he an- their efforts to combat Zika, dengue, created, Congress made a really smart swered yes. He answered yes. This kind and other diseases. I left Atlanta feel- decision and designed the program so of budget brinkmanship is not good for ing totally confident that the CDC will that if and when healthcare costs rise our government, to say the least, but it help our country with challenges like or the economy starts to struggle, is certainly a bad fit for the person Zika. Millions of Americans are count- Medicaid would be there for the Amer- running the OMB. ing on the government to maintain ican people, no matter what. Now the The third issue I want to talk about that confidence. But that can happen counselor to the President says that as is the Congressman’s rejection of the only if CDC has the strongest funding part of the ACA replacement plan, role of public health and science. If we possible so they can continue to do Medicaid will be converted to block look at some of the biggest issues our their good work. grants.

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.076 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1213 I worry a little bit about the phras- Medicaid. They don’t want to reduce But if, like me, you know that this is ing ‘‘block grants’’ because that Medicaid expansion under ACA, and not the right approach to governing, doesn’t sound that bad. I used to work they certainly don’t want a block that this is not how we should go about in the not-for-profit sector. I like grant because they know what that caring for our people and preparing for grants, and I used to pursue Commu- will mean. Even if you are a fiscal con- the future, then you need to vote no. nity Development Block Grants, Com- servative, if you are in charge of a At the end of the day, the leader of munity Services Block Grants. I like State, you understand exactly what is the Office of Management and Budget grants; I like Medicaid. I am not sure going to happen to your constituents if will need to understand how to build a whether ‘‘block’’ means anything posi- Medicaid is cut. budget for our country and make sure tively or negatively, but I want every- This is another instance of a party U.S. Government agencies have the re- body to understand what block-grant- that promised not to touch Medicaid. sources they need to pursue the mis- ing Medicaid means: It means cutting But here we are, debating a nominee to sion. This person will need to under- Medicaid. That is exactly what it lead the OMB who wants to make cuts stand why diplomacy matters, why means. It is a euphemism. People in to this program. This is a deal breaker Medicare and Medicaid matter, why job this administration and people nomi- for me and for many others, and it will training and education programs mat- nated to be part of this administration be a disaster for millions of Americans. ter, and why financial and fiscal sta- share that view, and they have a long That is why today we have to stand up bility matters. Ultimately, he needs to history to back it up. for seniors, for women, for children and know that government matters and The term ‘‘block grants’’ is a euphe- fight any cuts to Medicaid. That starts that it can make a difference in peo- mism. It is not quite a lie, but it is a with voting no on this nomination. ple’s lives. It determines how bright to- way to describe something so that you I have heard about Congressman morrow can be for our kids and don’t know what it is. They are calling MULVANEY from hundreds of people grandkids and how safe of a world we it a block grant because they don’t from the State of Hawaii. I want to can create for them. want to say they are cutting Medicaid. share a few of the messages that I have Congressman MULVANEY does not That is what they are doing; they are received from people in Hawaii. have that record or a confirmation going to cut Medicaid, and these cuts Here is what one man from Oahu hearing record that can convince any will hurt millions of people. They will wrote: of us that he understands the potential hurt working families. As a researching scientist, I recognize the we all have—the obligation we have— Everybody understands Medicaid is very significant damage these appointees to make the right investments that re- there for the economically indigent, in will have on US health and competitiveness in the world. flect who we are and the future that we the case of an emergency. But the A break in research funding, or politically- want as a country. That is why I will thing that people also don’t realize— directed and censored research, impacts long be voting no on this confirmation, and and that is a really important aspect of term research. A brief hiatus can result in I urge my colleagues on both sides of that program—but it is also really im- many years set-back of programs and result- the aisle to join me. portant for nursing home care. That is ing societal benefits. Mr. President, I yield the floor. not just an issue for people who are A woman from Volcano Village on I suggest the absence of a quorum. down on their luck financially or while the Big Island sent me this message: The PRESIDING OFFICER (Mr. they are young or while they are par- [This administration’s] agenda lies in [the] GARDNER). The clerk will call the roll. ents. When people get older, it is really nominees for the department of Health and The legislative clerk proceeded to difficult to afford nursing home care. Human Services and the Office of Manage- call the roll. For most people who are not extraor- ment and Budget who have spent their con- Ms. HIRONO. Mr. President, I ask gressional careers trying to destroy [Social unanimous consent that the order for dinarily wealthy, Medicaid is the way Security, Medicare, and Medicaid]. to handle nursing home care. It is re- the quorum call be rescinded. Another woman wrote me with this: imbursable. The PRESIDING OFFICER. Without I know that nursing home care in Ha- [The] nominees for HHS and OMB are objection, it is so ordered. waii costs $8,000, $9,000 a month. I don’t walking disasters for the department they’d Ms. HIRONO. Mr. President, the Di- lead. know anybody who can run through Both have spent their congressional ca- rector of the Office of Management and $8,000, $9,000 a month for very long. I reers trying to destroy [Social Security, Budget, or OMB, is probably the most know a couple of people, but most peo- Medicare, and Medicaid]. Oh, yes, and the powerful Federal job that most Ameri- ple I know can’t do that without Med- ACA/Obamacare, which has proven to be re- cans have never heard of. If you were icaid. Certainly, Medicaid is an issue soundingly popular. to ask five out of five regular people that affects the very poor, but it also We are hearing from so many people whether they have even heard of the affects the rest of us. It affects people on these issues because they under- Office of Management and Budget, or who aren’t just lying on a pile of cash stand how this works. They understand its importance, I would say that prob- to take care of their grandmother or that personnel is policy. You don’t get ably five of them would say: I have their mother or their father or their to say you are for protecting Social Se- never heard of it; what do they do? spouse when they are in their golden curity, and then vote for someone who The Director of OMB has broad dis- years. wants to eliminate Social Security as cretion to develop Federal regulations These cuts will hurt women who need we know it. You don’t get to say you and to set spending priorities across Medicaid for maternal health services, are for protecting Medicare and Med- the government—spending priorities as well as seniors and people with dis- icaid, and then vote for someone who across the government. I think we abilities. These people have nowhere has dedicated their career to elimi- should make sure that this person ac- else to turn. Medicaid is their only op- nating or at least seriously under- tually cares about service to the people tion. mining this program. of America. Some people point to expanded local If you want to increase the Social Se- For example, if the Defense Depart- control as a reason to move forward curity retirement age, then this is your ment needs more resources for our with block grants. That is just non- nominee. If you aren’t opposed to see- troops, OMB has to sign off. If the En- sense. They are basically going to flat- ing our country go through a series of vironmental Protection Agency wants ten out or cut the amount a State gets, precipices with the shutdown of the to protect our communities from air and then they can sit there and divide Federal Government—from the huge and water pollution, OMB has to sign up an increasingly smaller pie. I am drops in the market to the closing of off. If the President wants to cut Social not sure if that is even a euphemism. our National Parks—then this is your Security, Medicare, and Medicaid That is just nonsense. That will not nominee. If you think Federal invest- under the guise of ‘‘saving money,’’ the help any State to meet their needs. ments in public health, disease control, OMB Director is responsible for imple- That is why Republican Governors— and prevention should be eliminated, menting the policy. anybody with responsibility for actu- then this is your nominee. If you want Given the tremendous power invested ally governing, delivering services to to see cuts to Medicare and Medicaid in this position, the next OMB Director their constituents—don’t want to cut by 25 percent or more, then vote yes. should, at a minimum, believe in the

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Congressman MULVANEY came to When he was in the South Carolina I feel as though Congressman Washington at the very right fringe of legislature, he even supported a bill MULVANEY perhaps has not encoun- the tea party wave in 2010. Since then, that said that Social Security was un- tered enough people in his time in pub- he has consistently pursued policies constitutional. I would say even the lic service who have come to him to that would be disastrous for our econ- most conservative person would not share their stories of the devastation omy, for the most vulnerable members deem Social Security to be unconstitu- that would come into their lives if of our society, and for America’s sen- tional, but that is the kind of position these safety net programs were not iors—our kupuna. that Congressman MULVANEY takes. there for them. I feel as though maybe Congressman MULVANEY has been one His positions on Medicare, Medicaid, if they have come to talk to him, he of the strongest proponents for and Social Security are enough to dis- hasn’t listened very well. privatizing and voucherizing Medicare qualify him from serving as OMB Di- I encourage my colleagues to hold and dismantling Medicaid during his rector. the line at this point and to oppose this time in Congress. In 2011, while ex- We do not need an ideological flame- nomination. Congressman MULVANEY is plaining his support for the draconian, thrower like Congressman MULVANEY not the person for OMB. really terrible Republican budget that at the helm of OMB. Sadly, there is I yield the floor. would have destroyed the social safety more. Congressman MULVANEY is a I suggest the absence of a quorum. net and gutted funding for nearly every debt limit denier. To demonstrate the The PRESIDING OFFICER. The domestic program—nearly every do- point, I wish to read his response to a clerk will call the roll. mestic program and you can imagine question he received from the Budget The legislative clerk proceeded to the thousands and thousands of domes- Committee: call the roll. tic programs people across the country I do believe that defaulting on America’s Mr. WHITEHOUSE. Mr. President, I are relying upon—Congressman debts would have grave worldwide economic ask unanimous consent that the order MULVANEY said: consequences. I do not believe that breaching for the quorum call be rescinded. Two nights ago, there was a group of Re- the debt ceiling will automatically or inevi- The PRESIDING OFFICER. Without publicans in the House of Representatives tably lead to that result. objection, it is so ordered. who voted to dramatically overhaul Medi- Not only is this statement wrong, but Mr. WHITEHOUSE. Mr. President, we care and Medicaid and lightning did not it contradicts itself. I was in the House strike us. If that is not a sign that maybe are considering the nomination of Con- things can be different around here, I don’t in 2011 when Congressman MULVANEY gressman MULVANEY to become the Di- know what is. So I’m hoping that—I hope we and his colleagues played political rector of the Office of Management and have that exact debate over the course of the games with the debt limit. I can tell Budget. In the context of the review of next year. you that the stock market did not this nomination, there has been a lot of Let me be clear. Congressman agree with his assessment that there talk about Congressman MULVANEY MULVANEY was gloating over a bill that wouldn’t be an immediate negative im- being a ‘‘straight shooter.’’ I do appre- would be devastating to millions of pact. ciate his courtesy meeting with me and seniors and Americans on Medicaid and Here is what happened over the his participation in our Budget Com- Medicare. If confirmed, Congressman course of a week. The stock market mittee confirmation hearing last MULVANEY would not just be one ex- lost $1 trillion in value—$1 trillion in month, but I have to say that his 6- tremist in the House of Representa- value. Standard & Poor’s downgraded year record in the House of Representa- tives; he would be the person—the one the U.S. credit for the first time in our tives makes it completely impossible person—responsible for developing, country’s history. for me to vote for him as our Nation’s rolling out, and implementing the The Government Accountability Of- chief budget officer. President’s budget and his priorities. fice later found that the standoff in- He may be a straight shooter, but he With this power, he would be in a po- creased our borrowing costs by $1.3 bil- shoots straight at the wrong targets. sition to fulfill his heart’s desire—all of lion, which Congressman MULVANEY One of them is the credit of the United the things he worked on as a member and his Republican allies were all too States of America. In the House of Rep- of the tea party and a Member of the happy to pass along to the American resentatives, Congressman MULVANEY House of Representatives. He could de- taxpayers to pay. repeatedly put our economy in jeop- stroy programs like Medicare and So- Congressman MULVANEY’s record ardy by voting to let the Federal Gov- cial Security, which more than 200,000 clearly demonstrates why he is unfit to ernment default on its obligations. He seniors in Hawaii and tens of millions serve as the Director of the Office of had an opportunity after his nomina- across the United States depend on Management and Budget. He wants to tion, when he came before the Budget every single day. There are things we balance the budget on the backs of sen- Committee, to pivot to a more main- can do to fight back. iors and other vulnerable communities. stream and responsible position, but he Last month, I fought alongside my He believes in governing from fiscal refused. In an answer to a prehearing friend and colleague from Indiana, Sen- crisis to fiscal crisis. It isn’t even clear question he said: ator JOE DONNELLY, to prevent Con- if he supports the mission of the de- I do believe that defaulting on America’s gressman MULVANEY and the Trump partment he has been nominated to debts would have great worldwide con- administration from using budget gim- lead. sequences. I do not believe that breaching micks to privatize Medicare and cut Congressman MULVANEY joins a list the debt ceiling will automatically or inevi- funding from Medicaid. While our of nominees—many of them confirmed tably lead to that result. amendment was defeated in a very at this point, sadly—ranging from an Well, if you breach the debt ceiling, close vote, I was encouraged that two Education Secretary who does not be- and if you honor the debt ceiling law, of our Republican colleagues—Senator lieve in public education to a Secretary that means that our government would DEAN HELLER of Nevada and Senator of Health and Human Services who not have the money to pay all of its SUSAN COLLINS of Maine—voted in wants to basically dismantle Medicare, bills. Something has to be defaulted on favor of my amendment. Medicaid, and Social Security not far or the debt ceiling is a complete chi- This vote demonstrated that there is behind. mera. bipartisan opposition to balancing the I ask my colleagues, when does this Mr. MULVANEY’s completely unsup- budget on the backs of our seniors. long list of nominees come to a stop? I ported faith that a default on some of This is exactly what Congressman say, at the very least, someone with our Nation’s obligations might not MULVANEY wants to do. He has called the power of the Director of OMB is have grave consequences ignores basic Social Security a Ponzi scheme. Ponzi where we should be drawing the line, economics, and it ignores the guidance

VerDate Sep 11 2014 04:57 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.079 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1215 of liberal and conservative economists years old. It is simple, elemental chem- And they won’t say one thing about cli- and experts alike, including Douglas istry, what happens when you ramp up mate change here. And this so-called Holtz-Eakin, Benjamin Bernanke, the level of CO2 in the atmosphere and straight shooter is going to go along Hank Paulson, Janet Yellen, Jack Lew, how that works in the oceans. The CO2 with that racket rather than listen to and many, many others. gets absorbed by the oceans. The his home State universities and to the In fact, many of my Republican col- oceans, as a result of absorbing CO2, be- scientists at NASA, who have put the leagues in this room were gravely con- come more acidic. What we are seeing rover on Mars? Give me a break. cerned about what happened if we blew now is the acidification of the ocean in While this man claims to be a deficit through the debt ceiling, and that we the experience of humankind—indeed, hawk, I asked him if he was ready to perhaps had made a bet we would be in probably like 100 times the experi- take on the hundreds of billions of dol- unable to pay. To put it simply, lenders ence of humankind. You have to go lars that go out the back door of our tend to charge more for riskier loans, back 50 years to find a similar rate of economy in tax breaks, in wasteful tax and a borrower that won’t pay all of its acidification of the ocean. loopholes, in tax benefits for special in- bills on time is riskier than one that Well, Mr. MULVANEY represents terests, and he wouldn’t give me a does. South Carolina. South Carolina is a straight answer to the question. Tom Donahue of the U.S. Chamber of coastal State. It is an ocean State. The From his record in the House, it ap- Commerce is not someone that I ordi- University of South Carolina studies pears pretty clear that Mr. MULVANEY narily cite favorably here in the Sen- its oceans. They know ocean acidifica- would rather balance the budget by ate. He is an inveterate enemy on tion is happening. When the Congress- going after seniors, by going after So- doing anything on climate change. He man says that he is not convinced by cial Security, by going after Medicare, and I disagree on a great number of the evidence presented, something by going after the families who have issues, but even Tom Donahue noted other than being a straight shooter is children on Medicaid because their that a small increase in treasury rates, going on. children have lifetime disabilities that which would happen as the result of a According to NASA, for instance, the require Medicaid support. Those are default, ‘‘would translate into hun- National Aeronautics and Space Ad- the targets. That is who this so-called straight shooter wants to shoot at. But dreds of thousands of jobs lost every ministration—which, by the way, right as for, say, the tax benefit that lets bil- year.’’ now is driving a rover around on the A member of the self-styled ‘‘shut- surface of the planet Mars. So can we lionaires depreciate their private jets faster than the airline can, oh, no, down caucus,’’ Mr. MULVANEY chooses perhaps stipulate that the scientists at to ignore the fact that his fiscal brink- NASA know what they are talking can’t touch that. As for the tax loop- manship has already cost the American about? No other country in the world, hole that lets carried interest Wall people. Playing around with the debt no other society in human history has Street billionaires pay lower tax rates ceiling and shutting down the govern- had the capacity to launch from Earth than their doormen, than their jani- tors, oh, no, can’t possibly touch that. ment are not free exercises. According a rover, fly it through space to Mars, As for the subsidies we give through to the Wall Street firm Standard and land it safely on that other planet, and the Tax Code to the fossil fuel industry Poor’s, the 16-day government shut- drive it around. We can do that. NASA every year when they are the most lu- down that the Congressman helped or- scientists did that. So when NASA sci- crative corporations in the history of chestrate in 2013 cost the American entists say that ‘‘multiple studies pub- the planet, oh, no, we can’t possibly do economy $24 billion. That is shooting lished in peer-reviewed scientific jour- that. Let’s go after the old folks. That straight at our economy just to prove a nals show that 97 percent or more of is not being a straight shooter; that is political point. That is not the kind of actively publishing climate scientists shooting at the wrong people. straight shooter that we need. Of agree climate-warming trends over the Someone who is a straight shooter course, that doesn’t even mention the past century are extremely likely due when it happens to agree with the poli- unnecessary stress that the shutdown to human activity’’—so essentially all tics that they like but is a flatout de- caused for millions of government con- the experts agree. nier when it doesn’t, that is not my tractors who weren’t sure they would His home State university, the Uni- idea of a straight shooter. be paid. There is pain and there is dam- versity of South Carolina, teaches this. Congressman MULVANEY is possessed age from the reckless decisions that They don’t just listen to it, they teach by conservative ideology that I strong- Congressman MULVANEY seems to it. They understand what is going on. ly believe is going to prevent him ever make so easily. But MULVANEY says he is not con- from working across party lines on the Congressman MULVANEY’s blind faith vinced. What is it going to take to con- budget, on health care, or on other is not limited to economics. He dis- vince him? How can you be a straight major issues that he will have to face regards science too. In response to shooter when you ignore this kind of at OMB. His counsel is likely to pull questions I asked him at the hearing, certainty in science, particularly when President Trump further out to the ex- he said he is not convinced by the evi- around this building you see the cir- tremes, which already divide this coun- dence presented that climate change is cling menace of the fossil fuel industry try. at least partly driven by human activ- always with its guns out, always trying And by the way, to all of those voters ity. Well, he ought to take a little look to shoot down anybody who will dis- who voted for President Trump because at what is going on at his home State agree with them, always trying to pre- he said that he was different from all university, the University of South tend that climate change isn’t real, al- the other Republican candidates; that Carolina, which has the School of the ways trying to defend a $700 billion-a- he was different from the other 15 can- Earth, Ocean, and Environment. It ac- year subsidy that they get at the ex- didates because he wasn’t going to hurt tually teaches climate change. The pense of the rest of America? And be- Social Security and he wasn’t going to University of South Carolina doesn’t cause, thanks to Citizens United, they hurt Medicare; that he was different just believe climate change; it teaches have the capacity to spend enormous, from all the others because he was it. It has a faculty who are involved in unlimited amounts of money in poli- going to protect Social Security and he teaching the students about what is tics, they can spend a great deal to pro- was going to protect Medicare—folks, I happening in our atmosphere and in tect that $700 billion in subsidies, and think you were sold a bill of goods be- our oceans as a result of climate they do. cause when you look at Congressman change. So we do nothing about climate PRICE and when you look at Congress- This is not all that complicated stuff. change here. You can’t get a Repub- man MULVANEY and when you look at We have known since President Lin- lican to talk seriously about climate their records, you see the records of coln was riding around Washington in change here. The oceans are changing people who have targeted Social Secu- his top hat that greenhouse gases in off of their States, and they won’t talk rity and targeted Medicare for years. the atmosphere would catch heat in about climate change here. Their uni- They may be straight shooters, but the atmosphere and would warm the versities are saying that climate they have Social Security and Medi- Earth. That was a scientist named change is real. Their universities are care in the crosshairs. Those are not Tyndall. This is not news; this is 150 teaching that climate change is real. the right targets for us to be shooting

VerDate Sep 11 2014 04:57 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.080 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1216 CONGRESSIONAL RECORD — SENATE February 15, 2017 at in a tax system that is riddled with have severe mental health disorders, ney with considerable knowledge about special interest loopholes and in a like schizophrenia. These are folks environmental laws. We discussed country that is so divided and where who, because of their disorder need as- many important environmental issues the poor and the elderly are struggling sistance managing their own affairs about which I care deeply—from EPA’s compared to the people who are at the and are so severely impaired that they enforcement of landmark environ- very top, who have basically gathered cannot hold down a full-time job. It mental laws, including the Clean Air all of the economic benefit of our simply requires the Social Security Act and the Clean Water Act, to cli- growth since the great recession. Administration to pass that data on to mate change and the Clean Power So, for all of those reasons, I will be the NICS background check system so Plan, to protections from harmful pol- completely unable to support this per- the FBI can stop gun sales to the seri- lutants such as lead and mercury. I son’s confirmation. I am sorry because ously mentally ill. also have reviewed testimony from his I would like to have seen the President It doesn’t get much more common confirmation hearing. make the slightest gesture in the direc- sense than that. In keeping with my past practice, re- tion of bipartisanship, the slightest Frankly, I find it absurd that the Re- gardless of which party is in the White gesture in the direction of compromise, publicans have chosen to repeal this House, I will vote for cloture on his the slightest gesture in the direction of rule as one of their first priorities in nomination so that every Senator can reasonableness, but out of this White this Congress. have a clear, up-or-down vote on this House, on the civilian Cabinet, we have Does the Republican majority really important nomination of a member of the President’s Cabinet. But I will vote seen nothing like that. think it is wise, as my colleague from Connecticut asked, that folks who are no on Mr. Pruitt’s confirmation. It is a Cabinet that is completely The fact is Mr. Pruitt and I have fun- so severely mentally ill that they can- controlled by rightwing ideology and damentally different views of the role not work and require assistance man- appalling special interests. Usually, and mission of the EPA. That does not aging their finances should be assumed the special interests are the most dan- mean that I agree with every regu- to be able to responsibly own and pro- gerous and worst special interests that latory action that EPA has taken. At tect a gun? the agency has to regulate. Instead of times, the Agency has been difficult to Mental illness is a serious topic. We accepting that as the agency’s respon- work with and unresponsive to bipar- have debated it many times in this sibility, he has brought that special in- tisan congressional concerns, but the body—how to better provide for treat- terest in, brought the fox into the hen- EPA plays a vital role in implementing ment, how to decrease the stigma sur- house. If there was ever a fox in the and enforcing landmark laws that pro- rounding it—but I don’t remember the OMB henhouse to take our Social Secu- tect not only our environment but also rity folks and our Medicare folks and part where we debated whether it was public health. hurt them, it is this Congressman. wise or not to allow folks with a se- Specifically, I have significant con- I cannot accept his nomination. I will vere, almost incapacitating, mental ill- cerns that Mr. Pruitt has actively op- vote against it. ness to easily purchase a gun. posed and sued EPA on numerous I yield the floor. Gun violence takes far too many issues that are of great importance to f lives each year. At the very, very least, the State of Maine, including mercury we should be doing all that we can to LEGISLATIVE SESSION controls for coal-fired power plants and prevent criminals, potential terrorists, efforts to reduce cross-State air pollu- and the adjudicated mentally ill from tion and greenhouse gas emissions. His purchasing firearms; yet Republicans MORNING BUSINESS actions leave me with considerable consistently line up behind the NRA to doubts about whether his vision for the The PRESIDING OFFICER (Mr. block or repeal policies that would do EPA is consistent with the Agency’s SCOTT). Under the previous order, the those things—even though 8 or 9 out of critical mission to protect human Senate will be in a period of morning every 10 Americans supports them, health and the environment. business. though a vast majority of gunowners The State of Maine, located at the f support them. end of our Nation’s ‘‘air pollution tail- SOCIAL SECURITY Whenever Republicans talk about pipe,’’ is on the receiving end of pollu- ADMINISTRATION RULE gun violence, they say, ‘‘Let’s enforce tion generated by coal-fired power the laws on the books!’’ Well, as I men- plants in other States. Reducing harm- Mr. SCHUMER. Mr. President, I rise tioned, this regulation does just that; ful air pollutants is critical for public to speak on the potential repeal of the it implements the bipartisan 2007 NICS health, particularly for Maine, which Social Security Administration’s rule Improvement Act that Republican has among the highest rates of asthma that helps keep guns out of the hands President George W. Bush signed into in the country. Controls for mercury, of those with a severe mental illness. I law. one of the most persistent and dan- voted no. Today, Republicans are calling their gerous pollutants, are especially im- First, I want to point out that this own bluff; they are not interested in portant for children and pregnant rule only addresses a shortcoming in enforcing the laws on the books—they women. Moreover, there is no doubt the existing background check law just want to repeal them, even when that the greenhouse gas emissions driv- that Congress passed legislation to ad- that puts innocent American lives at ing climate change pose a significant dress. We use the National Instant risk. threat to our State’s economy and our Criminal Background Check system to If Republicans have a problem with natural resources, from our working prevent criminals and the adjudicated this rule, they should have pushed the forests, fishing, and agricultural indus- mentally ill from purchasing firearms. Social Security Administration to tries, to tourism and recreation. In order for the FBI to have access to modify it, rather than repealing it out- The opposition to the nominee ex- all the data they need to run those right and blocking any similar rule- pressed by Friends of Acadia is ground- background checks, Congress passed making on the subject, which is what ed in concerns about the importance of the NICS Improvement Act in 2007—in this CRA would do. emissions reductions for lessening the bipartisan fashion, signed into law by Thank you. impacts of climate change that affect President George W. Bush, hardly a f this gem of a national park. The gun safety activist—to instruct Fed- changes we are already seeing in the eral agencies to send information to NOMINATION OF SCOTT PRUITT aquatic life in Casco Bay and the Gulf the NICS system about criminal Ms. COLLINS. Mr. President, after of Maine, for example, are cause for records and mental illness. careful consideration, I have decided to alarm. The incidence of Lyme disease This rule at the Social Security Ad- oppose the confirmation of Scott Pru- in northern Maine and high asthma ministration is simply implementing itt, the nominee for Administrator of rates throughout the State are also that bipartisan law. the Environmental Protection Agency, linked to environmental changes that Second, let me underscore the point, EPA. I have met at length with Mr. threaten the health and well-being of this rule only applies to those who Pruitt, who is an accomplished attor- too many Maine people.

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.081 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1217 These are among the reasons why I TRIBUTE TO ROSE ILES FEALY Mr. Novotny, one of its reading clerks, have voted to uphold the EPA rule gov- Mr. THUNE. Mr. President, today I announced that the House has passed erning mercury and air toxics stand- wish to recognize the hard work of my the following bill, in which it requests ards from coal-fired power plants and Commerce, Science, and Transpor- the concurrence of the Senate: the cross-State air pollution rule, as tation Committee intern Rose Iles H.R. 428. An act to survey the gradient well as the Clean Power Plan to limit Fealy. Rose hails from Perth, Western boundary along the Red River in the States carbon pollution from existing and new Australia, where she studies political of Oklahoma and Texas, and for other pur- poses. fossil fuel-fired power plants. science at the Australian National Uni- I reject the false choice of pitting the versity. The message further announced that environment against the economy be- While interning on the Commerce the House has agreed to the following cause, for much of the State of Maine, Committee, Rose has assisted the Con- concurrent resolution, in which it re- the economy and the environment are sumer Protection, Product Safety, In- quests the concurrence of the Senate: inextricably linked. A strong commit- surance, and Data Security Sub- H. Con. Res 23. Concurrent resolution pro- committee. Following her internship, viding for a joint session of Congress to re- ment to protecting the health of our ceive a message from the President. Nation’s environment is critical for Rose intends to pursue law school. I ex- tend my sincere thanks and apprecia- ENROLLED BILLS SIGNED protecting Maine’s natural beauty, the At 4:40 p.m., a message from the State’s economy, and the health of tion to Rose Iles Fealy for all of the fine work she has done for the com- House of Representatives, delivered by those of us fortunate enough to call Mr. Novotny, one of its reading clerks, Maine home. mittee and wish her continued success in the years to come. announced that the Speaker has signed Due to my concerns about Mr. Pru- f the following enrolled bills: itt’s commitment to the mission of the H.R. 255. An act to authorize the National EPA, I will cast my vote in opposition ADDITIONAL STATEMENTS Science Foundation to support entrepre- to his confirmation. neurial programs for women. H.R. 321. An act to inspire women to enter f RECOGNIZING PIMENTEL & SONS the aerospace field, including science, tech- GUITARMAKERS nology, engineering, and mathematics, ∑ Mr. HEINRICH. Mr. President, it is through mentorship and outreach. 75TH ANNIVERSARY OF THE U.S. The enrolled bills were subsequently NAVY SEABEES an honor to join musicians and music lovers in recognizing Albuquerque’s signed by the President pro tempore Mr. COCHRAN. Mr. President, today Pimentel family for their 65 years of (Mr. HATCH). I wish to pay tribute to the U.S. Navy building handcrafted instruments that f Construction Battalion, also known as are sought after by guitar players and INTRODUCTION OF BILLS AND collectors around the world. the SeaBees, and congratulate them on JOINT RESOLUTIONS their 75th anniversary. It was March Pimentel & Sons is a successful fam- 5th, 1942, when the SeaBees were ily-owned small business that was The following bills and joint resolu- charged by the Navy with the task of started from scratch and has been sus- tions were introduced, read the first building, maintaining, and supporting tained with innovation, hard work, and and second times by unanimous con- base infrastructure in remote locations a commitment to excellence. sent, and referred as indicated: for the Navy and Marine Corps. Sea- As the ranking member on the Joint By Mr. WHITEHOUSE (for himself, Mr. Bees execute this critical mission, Economic Committee, I am proud to COTTON, Mr. NELSON, and Ms. MUR- recognize successful entrepreneurs and KOWSKI): while also maintaining the capability S. 379. A bill to amend title II of the Social to engage in combat operations. small business owners like the Pimentels. Security Act to eliminate the five month For 75 years, the SeaBees have met Lorenzo Pimentel learned the craft of waiting period for disability insurance bene- fits under such title for individuals with challenges in times of war and peace. building guitars as a teenager in Ciu- They have been deployed all over the amyotrophic lateral sclerosis; to the Com- dad Juarez. After marrying his wife, mittee on Finance. world, contributing to our national se- Josefina, Lorenzo moved his family to curity interests by constructing mili- By Mr. PETERS (for himself, Ms. STA- Albuquerque after falling in love with BENOW, Mr. DONNELLY, Mr. REED, tary bases, building airfields, roads, the Sandia Mountains. Over his life- Mrs. FEINSTEIN, and Mr. BROWN): bridges, and even underwater struc- time, Lorenzo Pimentel accumulated S. 380. A bill to amend the Securities Ex- tures. In every major operation our Na- an incredible list of accolades for his change Act of 1934 to require the disclosure tion has carried out, from World War II guitars. of the total number of the domestic and for- to present operations in Iraq and Af- Four of Lorenzo’s sons, Agustin, Ri- eign employees of a company, and for other ghanistan, the Navy SeaBees are there, cardo, Roberto, and Victor, have con- purposes; to the Committee on Banking, demonstrating unmatched courage, Housing, and Urban Affairs. tinued their late father’s work as mas- By Mr. GRASSLEY (for himself, Mrs. strength, and professionalism. Their ter guitar makers in their own right. ERNST, and Mr. LEAHY): personal sacrifices are a testament to They have each played an integral role S. 381. A bill to repeal the Act entitled ‘‘An the dedication of the Navy’s elite con- in shaping New Mexico’s music scene Act to confer jurisdiction on the State of struction force. for decades. Iowa over offenses committed by or against As we honor the SeaBees today, let Pimentel & Sons has earned the His- Indians on the Sac and Fox Indian Reserva- us not forget to acknowledge the many panic Heritage Month Distinguished tion’’; to the Committee on Indian Affairs. Honor Award, the Governor’s Award for By Mr. MENENDEZ (for himself, Ms. sacrifices their families have made MURKOWSKI, Mr. RUBIO, Ms. KLO- throughout their 75 years. Whether at Excellence and Achievement in the Arts, and an invitation to the Smithso- BUCHAR, Mr. MARKEY, Mr. home or abroad in the more than 30 BLUMENTHAL, Mr. DAINES, Mr. BOOK- nian Institute’s Festival of American countries to which they deploy, it is ER, Mr. FRANKEN, Mr. SCHUMER, Mr. the support of their families that en- Folklife. MCCAIN, Mrs. GILLIBRAND, and Mr. In 2009, Governor Bill Richardson ables the brave men and women of the TESTER): signed a bill designating Pimentel’s SeaBees to accomplish their mission S. 382. A bill to require the Secretary of Sunrise model as the official State gui- Health and Human Services to develop a vol- with the utmost devotion to duty, tar of New Mexico. untary registry to collect data on cancer in- honor, and country. I am proud that Generations of musicians have played cidence among firefighters; to the Com- Gulfport, MS, serves as home to the and appreciated the world-renowned mittee on Health, Education, Labor, and Naval Construction Battalion Center, Pimentel guitars that capture the spir- Pensions. where more than 12,500 SeaBees, sail- it and culture of New Mexico.∑ By Ms. COLLINS (for herself, Mr. WAR- ors, airmen, and soldiers have received NER, Mrs. SHAHEEN, Mr. PORTMAN, valuable training this past year alone. f and Mr. MERKLEY): MESSAGES FROM THE HOUSE S. 383. A bill to coordinate the provision of We congratulate the U.S. Navy Sea- energy retrofitting assistance to schools; to Bees on their 75th anniversary and re- At 10:59 a.m., a message from the the Committee on Energy and Natural Re- affirm our commitment to them. House of Representatives, delivered by sources.

VerDate Sep 11 2014 03:48 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.065 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1218 CONGRESSIONAL RECORD — SENATE February 15, 2017 By Mr. BLUNT (for himself, Mr. By Mr. NELSON (for himself, Mr. SUBMISSION OF CONCURRENT AND CARDIN, Mr. SCHUMER, and Mrs. RUBIO, Mr. MORAN, and Mr. MANCHIN): SENATE RESOLUTIONS GILLIBRAND): S. 396. A bill to make technical amend- S. 384. A bill to amend the Internal Rev- The following concurrent resolutions ments to certain marine fish conservation enue Code of 1986 to permanently extend the and Senate resolutions were read, and statutes, and for other purposes; to the Com- new markets tax credit, and for other pur- referred (or acted upon), as indicated: mittee on Commerce, Science, and Transpor- poses; to the Committee on Finance. tation. By Mr. MCCAIN: By Mr. PORTMAN (for himself, Mrs. By Mr. ISAKSON (for himself, Mr. S. Res. 61. A resolution calling on the De- SHAHEEN, Mr. COONS, Mr. WICKER, Mr. WARNER, Mr. ALEXANDER, Mr. BROWN, partment of Defense, other elements of the FRANKEN, Ms. COLLINS, Mr. MANCHIN, Mr. SHELBY, and Mr. KAINE): Federal Government, and foreign govern- Mr. BENNET, Mr. WARNER, Ms. ments to intensify efforts to investigate, re- HEITKAMP, and Mr. HELLER): S. 397. A bill to amend title XVIII of the cover, and identify all missing and unac- S. 385. A bill to promote energy savings in Social Security Act to ensure fairness in counted-for personnel of the United States; residential buildings and industry, and for Medicare hospital payments by establishing to the Committee on Foreign Relations. other purposes; to the Committee on Energy a floor for the area wage index applied with and Natural Resources. respect to certain hospitals; to the Com- f By Mr. LANKFORD (for himself, Mrs. mittee on Finance. ADDITIONAL COSPONSORS FISCHER, Mr. CRUZ, and Mr. INHOFE): By Mr. NELSON: S. 386. A bill to amend title 31, United S. 16 S. 398. A bill to direct the Secretary of the States Code, to provide for transparency of At the request of Mr. PAUL, the name Army to provide for modification of certain payments made from the Judgment Fund; to of the Senator from Indiana (Mr. Federal water resources development the Committee on the Judiciary. projects on the Apalachicola, Chattahoo- YOUNG) was added as a cosponsor of S. By Mr. PERDUE (for himself, Mr. chee, and Flint Rivers, and for other pur- 16, a bill to require a full audit of the DAINES, Mr. INHOFE, Mr. ENZI, Mr. poses; to the Committee on Environment and Board of Governors of the Federal Re- BARRASSO, Mr. TILLIS, Mr. PAUL, Mr. Public Works. serve System and the Federal reserve ISAKSON, Mr. LEE, Mrs. ERNST, Mr. By Mr. COONS (for himself, Ms. COL- RUBIO, Mr. JOHNSON, Mr. KENNEDY, banks by the Comptroller General of LINS, and Mr. DAINES): Mr. FLAKE, Mr. BOOZMAN, Mr. the United States, and for other pur- HOEVEN, and Mr. CRUZ): S. 399. A bill to establish the United States poses. S. 387. A bill to amend the Consumer Fi- Chief Manufacturing Officer in the Executive S. 26 nancial Protection Act of 2010 to subject the Office of the President with the responsi- At the request of Mr. WYDEN, the Bureau of Consumer Financial Protection to bility of developing a national manufac- name of the Senator from Washington the regular appropriations process, and for turing strategy to revitalize the manufac- other purposes; to the Committee on Bank- turing sector, spur economic growth, and ex- (Ms. CANTWELL) was added as a cospon- ing, Housing, and Urban Affairs. pand United States competitiveness, and for sor of S. 26, a bill to amend the Ethics By Mr. BROWN: other purposes; to the Committee on Com- in Government Act of 1978 to require S. 388. A bill for the relief of Maha Dakar; merce, Science, and Transportation. the disclosure of certain tax returns by to the Committee on the Judiciary. By Mr. CASEY: Presidents and certain candidates for By Mr. WYDEN (for himself and Mr. S. 400. A bill to establish the Susquehanna the office of the President, and for GARDNER): S. 389. A bill to amend the Internal Rev- National Heritage Area in the State of Penn- other purposes. enue Code of 1986 to ensure that kombucha is sylvania, and for other purposes; to the Com- S. 27 mittee on Energy and Natural Resources. exempt from any excise taxes and regula- At the request of Mr. CARDIN, the By Mr. MANCHIN (for himself, Mrs. tions imposed on alcoholic beverages; to the names of the Senator from Delaware CAPITO, Mr. CARDIN, and Mr. VAN Committee on Finance. (Mr. COONS) and the Senator from New By Mr. HEINRICH (for himself and Mr. HOLLEN): Mexico (Mr. UDALL) were added as co- UDALL): S. 401. A bill to establish the Appalachian S. 390. A bill to withdraw certain Bureau of Forest National Heritage Area, and for other sponsors of S. 27, a bill to establish an Land Management land from mineral devel- purposes; to the Committee on Energy and independent commission to examine opment; to the Committee on Energy and Natural Resources. and report on the facts regarding the Natural Resources. By Mr. VAN HOLLEN (for himself and extent of Russian official and unoffi- By Mrs. GILLIBRAND (for herself and Mr. CARDIN): cial cyber operations and other at- Mr. SCHUMER): S. 402. A bill to direct the Joint Committee tempts to interfere in the 2016 United S. 391. A bill to establish the African Bur- on the Library to enter into an agreement States national election, and for other ial Ground International Memorial Museum with the Harriet Tubman Statue Commis- and Educational Center in New York, New purposes. sion of the State of Maryland for the accept- York, and for other purposes; to the Com- S. 66 ance of a statue of Harriet Tubman for dis- mittee on Energy and Natural Resources. At the request of Mr. HELLER, the play in a prominent location in the United By Mr. KAINE (for himself, Mr. WAR- States Capitol; to the Committee on Rules name of the Senator from Wisconsin NER, Mr. BOOKER, and Mr. BLUNT): and Administration. (Ms. BALDWIN) was added as a cospon- S. 392. A bill to establish the 400 years of sor of S. 66, a bill to amend title 10, African-American History Commission, and By Mr. HATCH (for himself and Mr. for other purposes; to the Committee on En- RUBIO): United States Code, to permit certain ergy and Natural Resources. S. 403. A bill to amend the Internal Rev- retired members of the uniformed serv- By Mr. SCOTT (for himself and Mr. enue Code of 1986 to improve access to health ices who have a service-connected dis- BOOKER): care through expanded health savings ac- ability to receive both disability com- S. 393. A bill to amend the Internal Rev- counts, and for other purposes; to the Com- pensation from the Department of Vet- enue Code of 1986 to allow employers a credit mittee on Finance. erans Affairs for their disability and ei- against income tax for employees who par- By Mr. ISAKSON (for himself and Mr. ther retired pay by reason of their ticipate in qualified apprenticeship pro- BENNET): grams; to the Committee on Finance. years of military service or Combat- S. 404. A bill to amend the Federal Food, By Mr. ROUNDS (for himself, Mr. Related Special Compensation, and for Drug, and Cosmetic Act to improve the proc- THUNE, Mr. INHOFE, Mr. CRAPO, Mr. other purposes. ess for inspections of device establishments LANKFORD, Mr. RUBIO, and Mr. GRA- S. 82 for granting export certifications; to the HAM): Committee on Health, Education, Labor, and At the request of Mr. REED, the S. 394. A bill to amend chapter 44 of title Pensions. names of the Senator from Massachu- 18, United States Code, to provide that a By Mr. KAINE (for himself, Mr. WAR- member of the Armed Forces and the spouse setts (Ms. WARREN) and the Senator NER, Mr. CARDIN, and Mr. VAN HOL- of that member shall have the same rights from Rhode Island (Mr. WHITEHOUSE) LEN): regarding the receipt of firearms at the loca- were added as cosponsors of S. 82, a bill tion of any duty station of the member; to S.J. Res. 22. A joint resolution granting to amend the Internal Revenue Code of the Committee on Armed Services. the consent and approval of Congress to the 1986 to expand the denial of deduction By Mr. WYDEN: Commonwealth of Virginia, the State of for certain excessive employee remu- S. 395. A bill to amend title 18, United Maryland, and the District of Columbia to neration, and for other purposes. States Code, to specify the circumstances in enter into a compact relating to the estab- which a person may acquire geolocation in- lishment of the Washington Metrorail Safety S. 94 formation and for other purposes; to the Commission; to the Committee on the Judi- At the request of Mr. CARDIN, the Committee on the Judiciary. ciary. names of the Senator from Montana

VerDate Sep 11 2014 04:57 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.011 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1219 (Mr. DAINES), the Senator from Indiana S. 375 tragic moment, when ‘‘20 and odd’’ Af- (Mr. DONNELLY), the Senator from Indi- At the request of Mr. CORNYN, the ricans, as it was recorded were the first ana (Mr. YOUNG), the Senator from names of the Senator from Utah (Mr. recorded group of Africans to arrive in- Rhode Island (Mr. WHITEHOUSE), the HATCH) and the Senator from Nevada voluntarily and were sold as involun- Senator from Delaware (Mr. COONS) (Mr. HELLER) were added as cosponsors tary laborers or indentured servants in and the Senator from Texas (Mr. COR- of S. 375, a bill to amend the Endan- the colonies. This indelible mark in NYN) were added as cosponsors of S. 94, gered Species Act of 1973 to establish a American history should not pass with- a bill to impose sanctions in response procedure for approval of certain set- out recognition. to cyber intrusions by the Government tlements. During my tenure as Governor of Vir- of the Russian Federation and other S. 376 ginia, I presided over the 400th anniver- aggressive activities of the Russian At the request of Mr. CORNYN, the sary of the founding of Jamestown, VA, Federation, and for other purposes. name of the Senator from Utah (Mr. by the English colonists in 1604. Two years ago I attended the 450th anniver- S. 96 HATCH) was added as a cosponsor of S. sary of the founding of St. Augustine, At the request of Ms. KLOBUCHAR, the 376, a bill to amend the Endangered FL, which celebrated Hispanic herit- names of the Senator from Iowa (Mr. Species Act of 1973 to require publica- age. Both commemorations included GRASSLEY) and the Senator from Iowa tion on the Internet of the basis for de- activities sponsored by Federal com- (Mrs. ERNST) were added as cosponsors terminations that species are endan- missions, which were voted on and of S. 96, a bill to amend the Commu- gered species or threatened species, and for other purposes. passed by Congress. nications Act of 1934 to ensure the in- Having commemorated the English tegrity of voice communications and to S.J. RES. 1 and Spanish heritage of our founding, prevent unjust or unreasonable dis- At the request of Mr. BOOZMAN, the there is no reason it should be any dif- crimination among areas of the United name of the Senator from Georgia (Mr. ferent for the arrival and continuous States in the delivery of such commu- PERDUE) was added as a cosponsor of presence of Africans and African Amer- nications. S.J. Res. 1, a joint resolution approving icans in the English settlements in S. 184 the location of a memorial to com- 1619. There is no dispute that the be- At the request of Mr. WICKER, the memorate and honor the members of ginning of African and African-Amer- name of the Senator from Alaska (Mr. the Armed Forces who served on active ican presence in what is now the SULLIVAN) was added as a cosponsor of duty in support of Operation Desert United States was both heartbreaking S. 184, a bill to prohibit taxpayer fund- Storm or Operation Desert Shield. and regrettable. Although in 1619 slav- ed abortions. S. CON. RES. 6 ery was not yet an institution, the in- S. 223 At the request of Mr. BARRASSO, the voluntary status of those first Africans At the request of Ms. COLLINS, the names of the Senator from North Da- was the impetus to slavery. Slavery as name of the Senator from New York kota (Mr. HOEVEN), the Senator from an institution broke up families, re- (Mrs. GILLIBRAND) was added as a co- Oklahoma (Mr. INHOFE) and the Sen- sulted in the deaths of thousands, and sponsor of S. 223, a bill to provide im- ator from New Hampshire (Mrs. SHA- caused irreparable damage to our munity from suit for certain individ- HEEN) were added as cosponsors of S. American psyche. And though we uals who disclose potential examples of Con. Res. 6, a concurrent resolution should never forget that period of stain financial exploitation of senior citi- supporting the Local Radio Freedom on our history, slavery is not the only zens, and for other purposes. Act. part of African-American history. I have had an opportunity to visit the S. 236 S. RES. 55 National Museum of African American At the request of Mr. WYDEN, the At the request of Ms. MURKOWSKI, the History and Culture. The museum name of the Senator from Minnesota name of the Senator from New York (Mrs. GILLIBRAND) was added as a co- makes a tremendous effort to tell the (Ms. KLOBUCHAR) was added as a co- complete story of African Americans sponsor of S. 236, a bill to amend the sponsor of S. Res. 55, a resolution rec- ognizing February 26, 2017, as the 100th and it is important that we remember Internal Revenue Code of 1986 to re- the whole story. African Americans form taxation of alcoholic beverages. anniversary of the establishment of Denali National Park and Preserve in have contributed to the economic, aca- S. 260 the State of Alaska. demic, social, cultural and moral well- At the request of Mr. CORNYN, the being of this Nation. Their impact and S. RES. 60 name of the Senator from North Da- influence has shaped this nation to At the request of Mr. DAINES, the kota (Mr. HOEVEN) was added as a co- what it is today. sponsor of S. 260, a bill to repeal the name of the Senator from Idaho (Mr. So today, with my cosponsor Senator CRAPO) was added as a cosponsor of S. provisions of the Patient Protection MARK WARNER, I reintroduce the 400 and Affordable Care Act providing for Res. 60, a resolution designating May 5, Years of African American History the Independent Payment Advisory 2017, as the ‘‘National Day of Aware- Commission Act, which would establish Board. ness for Missing and Murdered Native a commission that would plan pro- Women and Girls’’. S. 324 grams and activities across the coun- f At the request of Mr. HATCH, the try to recognize the arrival and influ- name of the Senator from Massachu- STATEMENTS ON INTRODUCED ence of African Americans since 1619. It setts (Mr. MARKEY) was added as a co- BILLS AND JOINT RESOLUTIONS is my hope the establishment of a ‘‘400th’’ commission would create an sponsor of S. 324, a bill to amend title By Mr. KAINE (for himself, Mr. 38, United States Code, to improve the opportunity to bring continued na- WARNER, Mr. BOOKER, and Mr. tional education about the significance provision of adult day health care serv- BLUNT): ices for veterans. the arrival of African Americans has S. 392. A bill to establish the 400 made to the United States and the con- S. 372 years of African-American History tributions that have been made since At the request of Mr. PORTMAN, the Commission, and for other purposes; to 1619. Additionally, the commission name of the Senator from Delaware the Committee on Energy and Natural would create space to discuss race rela- (Mr. COONS) was added as a cosponsor Resources. tions in America and focus on disman- of S. 372, a bill to amend the Tariff Act Mr. KAINE. Mr. President, today I tling the institutional systems that of 1930 to ensure that merchandise ar- am reintroducing the 400 Years of Afri- have adversely hindered African Amer- riving through the mail shall be sub- can American History Commission Act. ican progress. ject to review by U.S. Customs and We are 2 years away from a key anni- Border Protection and to require the versary in American history. August By Mr. WYDEN: provision of advance electronic infor- 2019 will mark 400 years since the first S. 395. A bill to amend title 18, mation on shipments of mail to U.S. documented arrival of Africans who United States Code, to specify the cir- Customs and Border Protection and for came to English America by way of cumstances in which a person may ac- other purposes. Point Comfort, VA. This historic and quire geolocation information and for

VerDate Sep 11 2014 04:59 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.013 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE S1220 CONGRESSIONAL RECORD — SENATE February 15, 2017 other purposes; to the Committee on Under President Obama, there was a That is why I and my colleagues from the Judiciary. policy in place that required Federal Virginia and Maryland—Senators Mr. WYDEN. Mr. President, today I, law enforcement officers to get a prob- MARK WARNER, BEN CARDIN, and CHRIS along with my colleagues Congressmen able cause warrant before tracking an VAN HOLLEN—and our bipartisan House CHAFFETZ from Utah and CONYERS from American’s location. Under the current colleagues are today introducing this Michigan, am introducing the administration, we do not yet know if compact creating the new Metro Safety Geolocation Privacy and Surveillance this policy will remain, which makes Commission. This measure is intro- Act, a bill that protects Americans this bill even more critical. duced in concert with the Virginia and from seeing their phones and other de- This bill has three main components. Maryland General Assemblies and the vices turned into location trackers First, it requires the government to Council of the District of Columbia, to without so much as a warrant or a show probable cause and get a warrant build momentum to encourage all warning. While law enforcement agen- before acquiring the geolocational in- three jurisdictions to enact this com- cies can and have obtained, and should formation of a U.S. person, while set- pact as quickly as possible, to get obtain, probable cause search warrants ting out clear exceptions such as emer- Metro back to safe reliable operation. from a neutral judge authorizing them gency or national security situations After fatal incidents on Metrorail in to track the location of Americans, in or cases of theft or fraud. This probable 2009 and 2015, the Federal Transit Ad- many other cases, government agencies cause requirement would apply to all ministration took the unprecedented obtain sensitive location information law enforcement acquisitions of the step of assuming direct safety over- without a warrant. My colleagues, Mr. geolocational information of individual sight over the Washington Metropoli- CHAFFETZ and CONYERS, and I intend to Americans without their knowledge. tan Area Transit Authority WMATA, fix that. This requirement will include indirect stating that it would not return con- This is a situation where government location information acquisition from agencies’ use of new technology has trol until it certified that a robust commercial service providers and di- safety oversight body was in place. The gotten ahead of the laws in ways that rect acquisitions using Stingrays and would surprise many Americans. Fed- safety commission envisioned by this similar devices, including tracking de- compact is that body. eral, State, and local agencies rou- vices covertly installed by the govern- tinely track Americans’ locations There are many WMATA matters on ment. This bill would regulate both which different stakeholders have dif- through a variety of methods, most of real-time tracking of a person’s move- ferent opinions, but everyone agrees the time without people knowing they ments, as well as the acquisition of that safety must be our top priority. are being tracked. Some tracking de- records of past movements. mands go directly from the govern- Second, the bill creates criminal pen- Upon enactment of this compact by the ment to phone companies. In the first 6 alties for secretly using an electronic three jurisdictions, I urge my col- months of 2016, law enforcement agen- device to track a person’s movements leagues to take swift action to approve cies submitted at least 86,000 demands that parallel those for wiretapping. this measure so that daily commuters to telephone companies for subscriber Currently, if a woman’s ex-husband and visitors to Washington, DC, can re- location data. Some of these demands taps her phone, he is breaking the law. gain confidence that Metro will take were for the records of hundreds or This legislation would treat hacking them safely to their destinations. even thousands of customers at a time. her cell phone to track her movements f Law enforcement agencies also regu- as a similar offense. SUBMITTED RESOLUTIONS larly track cell phones with the use of Finally, it prohibits commercial a surveillance technology known as a service providers from sharing cus- cell site simulator or Stingray. A re- tomers’ geolocation information with cent bipartisan report by the Com- SENATE RESOLUTION 61—CALLING outside entities without customer con- ON THE DEPARTMENT OF DE- mittee on Oversight and Government sent. FENSE, OTHER ELEMENTS OF Reform in the House of Representa- Passage of this bill would provide THE FEDERAL GOVERNMENT, tives found that the Departments of much needed privacy protections to Justice and Homeland Security have Americans and ensure that location AND FOREIGN GOVERNMENTS TO spent more than $95 million to buy data is adequately protected from INTENSIFY EFFORTS TO INVES- over 430 Stingrays. Although Federal warrantless surveillance by law en- TIGATE, RECOVER, AND IDEN- agencies now obtain warrants before forcement agencies. TIFY ALL MISSING AND UNAC- using this technology, many State and I thank my colleagues CHAFFETZ and COUNTED-FOR PERSONNEL OF local agencies do not. CONYERS for their efforts on this bill, THE UNITED STATES There is currently no uniform legal and I hope the Judiciary Committee Mr. MCCAIN submitted the following standard that regulates how Federal, will consider our proposal quickly. resolution; which was referred to the State, and local law enforcement agen- Committee on Foreign Relations: By Mr. KAINE (for himself, Mr. cies are able to spy on the location of S. RES. 61 Americans. Instead, there exists a con- WARNER, Mr. CARDIN, and Mr. Whereas more than 83,000 personnel of the fusing patchwork of State laws, poli- VAN HOLLEN): United States are still unaccounted-for cies adopted by law enforcement agen- S.J. Res. 22. A joint resolution grant- around the world from past wars and con- cies, and legal precedents set by Fed- ing the consent and approval of Con- flicts; eral and State courts. As a result, gress to the Commonwealth of Vir- Whereas, though recognizing that an esti- Americans in one part of the country ginia, the State of Maryland, and the mated 50,000 of these World War II personnel, may enjoy less privacy, based on the District of Columbia to enter into a were lost deep at sea and are unlikely ever to policies adopted by their local police compact relating to the establishment be recovered, thousands of families and department, privacy laws passed by of the Washington Metrorail Safety friends have waited decades for the account- their State legislatures, or the willing- Commission; to the Committee on the ing of their loved ones and comrades in arms; Whereas the families of these brave Ameri- ness of their phone provider to push Judiciary. cans deserve our Nation’s best efforts to back in court, than Americans who Mr. KAINE. Mr. President, the Na- achieve the fullest possible accounting for happen to live in a privacy-superior ju- tional Capital Region relies on DC Met- their missing loved ones; risdiction. This patchwork quilt of rorail. Hundreds of thousands of com- Whereas the National League of POW/MIA rules and regulations has led to confu- muters take it every day, including the Families, and their iconic POW/MIA flag, pi- sion among law enforcement, prosecu- Federal workforce. Visitors use it when oneered the accounting effort since 1970 and tors, and service providers, who waste they come to our Nation’s Capital on has been joined in this humanitarian quest valuable time and resources litigating vacations, school trips, or events of na- for answers by the Korean War, Cold War and tional significance. Yet for too long, World War II families, fully supported by the and appealing what should be clear-cut American Legion, the Veterans of Foreign rules—clear-cut rules that start from critical safety maintenance has been Wars, the Disabled American Veterans, Jew- the premise that privacy is an invio- neglected, at the cost of countless lost ish War Veterans, AMVETS, Vietnam Vet- lable right, not a convenience granted hours and frustration for riders, and erans of America, Special Forces Associa- by local law enforcement. tragically, several fatalities. tion, Special Operations Association, Rolling

VerDate Sep 11 2014 04:59 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.017 S15FEPT1 smartinez on DSK3GLQ082PROD with SENATE February 15, 2017 CONGRESSIONAL RECORD — SENATE S1221 Thunder, and other more recently formed thorized to meet during today’s session 15, 2017, to conduct a hearing entitled groups, and thousands of families are yearn- of the Senate: ‘‘Stopping Senior Scams: Develop- ing and advocating for answers concerning COMMITTEE ON COMMERCE, SCIENCE, AND ments in Financial Fraud Affecting the fates of their loved ones and comrades in TRANSPORTATION Seniors’’. The committee will meet in arms; Whereas the mission of the Defense POW/ The Committee on Commerce, room 562 of the Dirksen Senate Office MIA Accounting Agency of the Department Science, and Transportation is author- Building beginning at 2:30 p.m. of Defense is to provide the fullest possible ized to hold a meeting during the ses- SUBCOMMITTEE ON EMERGING THREATS AND accounting for missing members of the sion of the Senate on Wednesday, Feb- CAPABILITIES Armed Forces of the United States, des- ruary 15, 2017, at 2:30 p.m. in room 253 The Subcommittee on Emerging ignated civilians of the Department, and of the Russell Senate Office Building. Threats and Capabilities of the Com- other designated personnel; and The committee will hold a sub- mittee on Armed Services is authorized Whereas the recovery and investigation committee hearing on ‘‘Moving Amer- teams of the Department of Defense deploy to meet during the session of the Sen- to countries around the world to account as ica: Stakeholder Perspectives on Our ate on Wednesday, February 15, 2017, at fully as possible for these missing and other- Multimodal Transportation System.’’ 10 a.m. wise unaccounted-for personnel of the United COMMITTEE ON ENVIRONMENT AND PUBLIC f States: Now, therefore, be it WORKS Resolved, That the Senate— The Committee on Environment and PRIVILEGES OF THE FLOOR (1) calls upon the Defense POW/MIA Ac- Public Works is authorized to meet counting Agency and other elements of the during the session of the Senate on Mr. CARPER. Mr. President, I ask Department of Defense, other elements of Wednesday, February 15, 2017, at 10 unanimous consent that Mike the Federal Government, and all foreign gov- a.m., in room 406 of the Dirksen Senate Boettcher of my personal staff have ernments to intensify efforts to investigate, floor privileges through December 31, recover, identify and account as fully as pos- Office Building, to conduct a hearing entitled ‘‘Oversight: Modernization of 2017, and Andrew J. Wishnia and Ann sible for all missing and unaccounted-for Marie Chaney of my Environment and personnel of the United States around the the Endangered Species Act.’’ Public Works Committee staff have world; and COMMITTEE ON FOREIGN RELATIONS (2) calls upon all foreign governments with The Committee on Foreign Relations floor privileges for the duration of this information on missing personnel of the is authorized to meet during the ses- Congress. United States, or with missing personnel of sion of the Senate on Wednesday, Feb- The PRESIDING OFFICER. Without the United States within their territories, to ruary 15, 2017, at 10 a.m., to hold a objection, it is so ordered. cooperate fully with the Government of the Mr. MERKLEY. Mr. President, I ask United States to provide the fullest possible hearing entitled ‘‘Ending Modern Slav- ery: Building on Success.’’ unanimous consent that my intern, accounting for all missing personnel of the Josh Lind, be granted privileges of the United States. COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS floor for the balance of the day. f The Committee on Homeland Secu- The PRESIDING OFFICER. Without rity and Governmental Affairs is au- objection, it is so ordered. AUTHORITY FOR COMMITTEES TO thorized to meet during the session of f MEET the Senate on Wednesday, February 15, Mr. ROUNDS. Mr. President, I have 2017, at 2:45 p.m. in order to conduct a ADJOURNMENT UNTIL 10 A.M. six requests for committees to meet hearing titled ‘‘High Risk: Government TOMORROW during today’s session of the Senate. Operations Susceptible to Waste, The PRESIDING OFFICER. Under They have the approval of the Majority Fraud, and Mismanagement.’’ the previous order, the Senate stands and Minority leaders. SPECIAL COMMITTEE ON AGING adjourned until 10 a.m. tomorrow. Pursuant to Rule XXVI, paragraph The Special Committee on Aging is Thereupon, the Senate, at 9:16 p.m., 5(a), of the Standing Rules of the Sen- authorized to meet during the session adjourned until Thursday, February 16, ate, the following committees are au- of the Senate on Wednesday, February 2017, at 10 a.m.

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PERSONAL EXPLANATION in Recruiting and Employing American Military makes him more than worthy of this distinct Veterans Act or the HIRE Vets Act.’’ recognition. Mr. Speaker, it is an honor to rec- HON. PETER J. VISCLOSKY H.R. 244 encourages effective, voluntary ognize Dr. Dale McCall for his accomplish- OF INDIANA private sector investments to reciuit, employ, ments. IN THE HOUSE OF REPRESENTATIVES and retain men and women who have served f Wednesday, February 15, 2017 in the United States military with annual presi- dential awards to private sector employers RECOGNIZING THE LIFE OF FALL- Mr. VISCLOSKY. Mr. Speaker, on February recognizing such efforts. EN MISSISSIPPI SOLDIER MA- 14, 2017, I was absent from the House and H.R. 244 directs the Department of Labor to RINE SERGEANT (SGT) DONNIE missed Roll Call Votes 88 through 92. establish a HIRE Vets Medallion Program to LEO FORD LEVENS Had I been present for Roll Call Vote 88, on solicit voluntary information from employers for ordering the previous question, I would have purposes of recognizing, by the award of a voted ‘‘No.’’ HON. TRENT KELLY HIRE Vets Medallion, verified efforts by these Had I been present for Roll Call Vote 89, on OF MISSISSIPPI employers to: agreeing to the resolution, H.Res. 99, pro- IN THE HOUSE OF REPRESENTATIVES 1. Recruit, employ, and retain veterans viding for consideration of H.R. 428, the Red 2. Provide community and charitable serv- Wednesday, February 15, 2017 River Gradient Boundary Survey Act, and H.J. ices supporting the veteran community. Mr. KELLY of Mississippi. Mr. Speaker, Res. 42, Disapproving the rule submitted by The President shall annually present the today I rise in memory of Marine Sergeant the Department of Labor relating to drug test- medallion and corresponding certificate to re- (SGT) Donnie Leo Ford Levens who paid the ing of unemployment compensation appli- cipients at a time to coincide with the annual ultimate sacrifice while defending our great na- cants, I would have voted ‘‘No.’’ Had I been present for Roll Call Vote 90, on commemoration of Veterans Day. tion on February 17, 2006, during Operation ordering the previous question, I would have Two levels of medallions shall be estab- Enduring Freedom. SGT Levens was killed voted ‘‘No.’’ lished, large and small employers, to be des- when two CH–53E Sea Stallion helicopters Had I been present for Roll Call Vote 91, on ignated the Gold HIRE Vets Medallion and the crashed into the Gulf of Aden near Ras agreeing to the resolution, H.Res. 116, pro- Platinum HIRE Vets Medallion. The bill pre- Siyyan, northern Djibouti, while on a training viding for consideration of H.J. Res. 66, Dis- scribes awards criteria. mission in the Godoria Range area. approving the rule submitted by the Depart- Beginning two years after enactment of this SGT Levens of Long Beach, MS, was as- ment of Labor relating to savings arrange- bill, the Secretary of Labor shall submit annual signed to the Marine Heavy Helicopter Squad- ments established by States for non-govern- reports on fees, program costs, the number of ron 464, Marine Air Group 29, 2nd Marine Air- mental employees and H.J. Res. 67, Dis- applications, and the medallions awarded, in- craft Wing, II Marine Expeditionary Force, New approving the rule submitted by the Depart- cluding the name and medallion level of each River, N.C. He was deployed to Djibouti as ment of Labor relating to savings arrange- recipient. part of the U.S.-led Combined Joint Task ments established by qualified State political f Force—Horn of Africa, a counterterrorism subdivisions for non-governmental employees, force. SGT Levens was an Aircraft Ordnance RECOGNIZING DR. DALE MCCALL I would have voted ‘‘No.’’ Technician. Had I been present for Roll Call Vote 92, on SGT Levens’s mother Margaret and brother passage of H.R. 428—Red River Gradient HON. KEN BUCK Matt honored SGT Levens by completing their Boundary Survey Act, I would have voted OF COLORADO studies at Mississippi Gulf Coast Community ‘‘No.’’ IN THE HOUSE OF REPRESENTATIVES College in 2006. Margaret Levens said f Donnie’s courage inspired her to go back to Wednesday, February 15, 2017 school and earn a degree. President George PERSONAL EXPLANATION Mr. BUCK. Mr. Speaker, I rise today to rec- W. Bush delivered the commencement ad- ognize Dr. Dale McCall on being inducted into dress at the graduation ceremony held in Bi- HON. TIMOTHY J. WALZ the Colorado Agriculture Hall of Fame. This loxi. President Bush praised SGT Levens for OF MINNESOTA honor is reserved for those who have made a his service and sacrifice. IN THE HOUSE OF REPRESENTATIVES significant contribution to the agricultural in- SGT Levens will be remembered for his Wednesday, February 15, 2017 dustry of Colorado and the United States. courage and determination to keep America Dr. McCall has made a great impact on the safe. Mr. WALZ. Mr. Speaker, I was absent in the agricultural industry throughout his life. He de- f House chamber for roll call votes 89, 90 and voted 40 years to agricultural education after 91 on Tuesday, February 14, 2017. At the receiving his bachelors, masters, and Ph.D. HONORING MR. RICHARD time, and at the request of the President, I degrees from Colorado State University. He BIEDENBACH AS VETERAN OF was attending the swearing-in ceremony of VA has helped the next generation of agriculture THE YEAR Secretary Shulkin. Had I been present, I would producers through his roles as a teacher, Agri- have voted Nay on roll call votes 89, 90 and cultural Education staff member, and even Ex- 91. HON. BOB GIBBS ecutive Director of Boards of Cooperative Edu- OF OHIO f cational Services (BOCES). IN THE HOUSE OF REPRESENTATIVES Not only has Dr. McCall given his time to HONORING INVESTMENTS IN RE- Wednesday, February 15, 2017 CRUITING AND EMPLOYING agricultural education, he also has first-hand AMERICAN MILITARY VETERANS experience working on the farm. He and his Mr. GIBBS. Mr. Speaker, I am honored to ACT OF 2017 wife have grown a variety of crops including recognize Mr. Richard Biedenbach for his oats, wheat, and milo. He is the current presi- achievement as Veteran of the Year for 2016 SPEECH OF dent of the Rocky Mountain Farmer’s Union by the Greater Canton Veterans Council. HON. SHEILA JACKSON LEE and has received numerous awards for his Upon his graduation from Central Catholic various agriculture and educational achieve- High School in Canton, Ohio, Mr. Biedenbach OF TEXAS ments. joined the Army in the 1960s, where he was IN THE HOUSE OF REPRESENTATIVES On behalf of the 4th Congressional District stationed in Berlin, Germany at the height of Monday, February 13, 2017 of Colorado, I extend my best wishes as Dr. the Cold War. As a photographer in West Ger- Ms. JACKSON LEE. Mr. Speaker, I rise in McCall pursues his future endeavors. His pas- many, Mr. Biedenbach monitored East Ger- support of H.R. 244, the Honoring Investments sion and dedication to the agricultural industry man activity near the border between East

∑ 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 05:30 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K15FE8.001 E15FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E198 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2017 and West Germany. His contributions to the multiple honors and awards for overseeing HONORING WAYNE OLDHAM effort against the Soviet Union helped ad- Duchess Outlet Doll Museum, including being vance the cause for democracy around the recognized by the Madame Alexander Com- HON. MARSHA BLACKBURN world. pany. Julio Caprari is also a 4th Degree OF TENNESSEE After he was discharged from the Army at Knight of Columbus with Council 372. As Co- IN THE HOUSE OF REPRESENTATIVES the rank of E–4 Specialist in 1963, Mr. Chairman of Pittston City History Day, Julio Biedenbach dedicated his time to his fellow has worked with Misericordia University and Wednesday, February 15, 2017 veterans, volunteering to transport veterans to Luzerne County Agency on Aging to preserve Mrs. BLACKBURN. Mr. Speaker, from time and from the Veterans Affairs clinic in Canton. the history of Greater Pittston. to time members of this House rise, address Today, he is a member of American Legion It is an honor to recognize the Caprari fam- the body to honor events in their districts, Canton Post 44, where he serves on the Bur- ily as they celebrate the Duchess Outlet’s 60th members of their communities, or occurrences ial Honor Guard. Anniversary. May they continue to serve their in their towns. To be read into the CONGRES- On November 11, 2016, Richard was neighbors and community in the Greater SIONAL RECORD is an honor our constituents named Veteran of the Year by the Greater Pittston Area with distinction. cherish. Today, though Mr. Speaker, the honor Canton Veterans Council for his selfless com- is all mine to rise and tell this body about one mitment to caring for and improving the lives f of the Tennessee 7th Congressional District’s of his fellow veterans. most cherished and devoted citizens, Wayne Mr. Speaker, it is truly an honor to represent PERSONAL EXPLANATION Oldham, as his life and homegoing is cele- SPC Richard Biedenbach in the United States brated this week. Congress. He established a patriotic example Wayne was born in Montgomery County for all Americans to emulate and I am hum- HON. KEITH ELLISON and made his life there and at every stage of bled to recognize Mr. Biedenbach’s service to OF MINNESOTA his life, he would be found championing the our great nation. IN THE HOUSE OF REPRESENTATIVES conservative cause. From creating the Austin f Peay State University College Republican Wednesday, February 15, 2017 chapter still in existence today, to being the IN RECOGNITION OF THE DUCHESS longest serving State Executive Committee OUTLET FOR 60 YEARS OF SERV- Mr. ELLISON. Mr. Speaker, due to other commitments, I missed the following roll call member of the Tennessee Republican Party, ICE TO THE GREATER PITTSTON Wayne had a drive and a passion to support AREA votes. Had I been present, I would have voted as follows: Roll call no. 86, I would have voted the people and causes he held dear. There yes. Roll call no. 87, I would have voted yes. was never a meeting too small or a race too HON. MATT CARTWRIGHT insignificant for Wayne to attend and support. OF PENNSYLVANIA f He was a fixture in Clarksville and his ab- IN THE HOUSE OF REPRESENTATIVES sence will be felt for years to come. Wednesday, February 15, 2017 RECOGNIZING THE LIFE OF FALL- There are those whose light shines so EN MISSISSIPPI SOLDIER ARMY brightly, boldly, and consistently that we are Mr. CARTWRIGHT. Mr. Speaker, I rise SERGEANT (SGT) TIMOTHY R. confident their legacy will remain long after today to honor the Caprari Family of Pittston OSBEY they are gone. I join with family, friends, polit- for celebrating the 60th Anniversary of their ical activists, neighbors, committee members, family business, the Duchess Outlet, last year and all those who will miss Wayne’s sup- on Friday, November 11. The Duchess Outlet, HON. TRENT KELLY portive phone calls, his never-fading friend- which began as a textile manufacturer, oper- OF MISSISSIPPI ship, and his heart-felt laugh. I ask my col- ates as a retail clothing outlet and seller of IN THE HOUSE OF REPRESENTATIVES leagues to join with me in remembrance of my heirloom toys. dear friend. May his life’s work be a reminder Established in 1956 by Sam and Theresa Wednesday, February 15, 2017 in serving the world around us, no matter how Caprari, the Duchess Coat & Suit Manufac- Mr. KELLY of Mississippi. Mr. Speaker, big or small. turing plant was a major garment producer for today I rise in memory of Army Sergeant f northeastern Pennsylvania and employed over (SGT) Timothy R. Osbey who paid the ulti- RECOGNIZING MR. CHARLES 150 workers. As the business grew, the Duch- mate sacrifice while defending our great nation BARTLETT ess opened a discount retail outlet that offered February 16, 2005, during Operation Iraqi raincoats, wool jackets, leathers, and outer- Freedom III. SGT Osbey lost his life along wear. with Army Sergeant (SGT) Joseph Andrew HON. KEN BUCK When Sam and Theresa retired, they hand- ‘‘Drew’’ Rahaim when a roadway collapsed OF COLORADO ed over the business to their son Paul and his and their vehicle rolled into a canal at Forward IN THE HOUSE OF REPRESENTATIVES wife Paula. The Duchess Outlet expanded Operation Base Iskandariyah, Iraq. their inventory with suits, sport jackets, outer- Wednesday, February 15, 2017 wear, and name-brand raincoats. The store SGT Osbey, a Mississippi Army National Mr. BUCK. Mr. Speaker, I rise today to rec- also began carrying Madame Alexander Dolls Guard soldier and Pike County native, was as- ognize Mr. Charles Bartlett on being post- and opened a Doll Museum. The Museum signed to the 1st Battalion, 155th Infantry humously inducted into the Colorado Agri- now has more than 1,000 pieces, dating from Regiment (Mechanized), Mississippi Army Na- culture Hall of Fame. This honor is reserved the 1930s to the present. tional Guard, McComb, MS. SGT Osbey for those who have made a significant con- In addition to operating the Duchess Outlet, served as an emergency medical technician. tribution to the agricultural industry of Colo- the Caprari family has a long record of service Before he entered the military, SGT Osbey ex- rado and the United States. to their community and country. During World celled in track at the University of Southern Mr. Bartlett made a substantial impact on War II, Sam Caprari served as a military air- Mississippi. During his funeral, Rev. Alphonse the Colorado agriculture industry throughout craft-manufacturing instructor. He was a mem- Patterson remembered SGT Osbey as a gifted his lifetime. He got his start at an early age, ber of the Greater Pittston Chamber of Com- athlete who also achieved academic success. when he undertook a supervisory role on his merce, the Lions Club, the Elks Club, and the SGT Osbey was a University of Southern Mis- family’s farm when he was 20 years old. Dedi- Italian American Association. Theresa is the sissippi graduate. cating his time to protecting Coloradan’s water Vice-President of the Business and Profes- Major General (MG) Harold A. Cross, Adju- and agriculture, he became Chairman of the sional Women’s Club Association. She was tant General of the Mississippi Army National Colorado Water Conservation Board and co- also a member of National Federation of Inde- Guard, presented SGT Osbey posthumously founded First FarmBank and FarmBank Hold- pendent Business and the Pennsylvania Men- with a Bronze Star medal for meritorious serv- ing Company. tal Health Association. ice and a Mississippi Medal of Valor. Mr. Bartlett maintained a commitment to Paul Caprari is the founder of Hear for You, SGT Osbey will always be remembered as education in his community. He served on a program that provides hearing aids to those a role model who inspired so many others he several school boards including the Board of who cannot afford them. Paul also serves with served with. SGT Osbey is survived by his Cooperative Educational Services and the Buf- the Knights of Columbus Council 372 as a 4th wife, Willie Marie Dickerson Osbey and falo School District Board of Education. He re- Degree Knight. Paula Caprari has received daughter, Saderia Osbey. ceived numerous prestigious awards, including

VerDate Sep 11 2014 05:30 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.004 E15FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 15, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E199 the Colorado Corn Amicus Friend of Agri- There is no doubting her passion and com- Mr. Speaker, it is with great honor that I rec- culture Award, throughout his lifetime for his mitment. But above all, Joyce was a wife, ognize the life and legacy of Cecilia Za´rate- many acts of public service. It is clear that he mother, and a friend to me and countless oth- Laun today. cared greatly about bettering his community ers in our Allegan community. f through leadership and hard work. And so, I want to wish Joyce, her husband On behalf of the 4th Congressional District John, and their son Jason and his wife Lesley PERSONAL EXPLANATION of Colorado, I extend my best wishes to the best of luck in the coming years and I look for- family of Mr. Charles Bartlett. His passion and ward to remaining close friends. HON. JOYCE BEATTY dedication to the agricultural industry makes f OF OHIO him more than worthy of this distinct recogni- RECOGNIZING THE LIFE OF IN THE HOUSE OF REPRESENTATIVES tion. Mr. Speaker, it is an honor to recognize CECILIA ZA´ RATE-LAUN Wednesday, February 15, 2017 Mr. Charles Bartlett for his accomplishments. f Mrs. BEATTY. Mr. Speaker, on February 7, HON. MARK POCAN 2017, I did not cast my vote on roll call votes RECOGNITION OF JOSEPH OF WISCONSIN No. 81 and No. 82. Had I been present, I CACHERO SELECTION AS A DEL- IN THE HOUSE OF REPRESENTATIVES would have voted ‘‘NAY’’ on both votes. EGATE TO THE CONGRESS OF Wednesday, February 15, 2017 On February 14, 2017, I was unavoidably FUTURE SCIENCE AND TECH- Mr. POCAN. Mr. Speaker, I rise today to absent due to illness and unable to cast my NOLOGY LEADERS recognize the life of Cecilia Za´rate-Laun, a votes on roll call votes Nos. 88 through 92. constituent and dear friend of mine who dedi- Had I been present, I would have voted as fol- HON. JUAN VARGAS cated her life to building a more just and lows: Roll call vote 88 on ordering the pre- OF CALIFORNIA peaceful world. I first met Cecilia while serving vious question; NAY; Roll call vote 89 on IN THE HOUSE OF REPRESENTATIVES on the Dane County Board of Supervisors in agreeing to the Resolution, H. Res. 99; NAY; Wednesday, February 15, 2017 Wisconsin, where we worked together on a Roll call vote 90 on ordering the previous question: NAY; Roll call vote 91 on agreeing Mr. VARGAS. Mr. Speaker, I rise today to sister-city relationship between Dane County ´ to the Resolution, H. Res. 116: NAY; Roll call honor Joseph Cachero, a student at Hilltop and Apartado, in Antioquia, Colombia. I had the honor of visiting Apartado´ on a delegation vote 92 on final passage of H.R. 428, the Red High School in Chula Vista, California, for his River Gradient Boundary Survey Act; NAY. selection to represent the State of California that Cecilia led, and worked with her to host f as a Delegate at the Congress of Future Colombian dignitaries visiting the U.S. over Science and Technology Leaders. The event the years. CELEBRATING THE 100TH BIRTH- Cecilia was born in 1945 in the Santander will be held at the Tsongas Center at Univer- DAY OF KENNETH WILLIAM Province in Colombia. The eldest of five sis- sity of Massachusetts Lowell in Lowell, MA, THOMPSON ters, she studied nutrition in Bogota´, and later, from June 29, 2017 to July 1, 2017. as a Master’s student at the University of Wis- The Congress of Future Science and Tech- consin. In 1976, she married Jack Laun, HON. LUCILLE ROYBAL-ALLARD nology Leaders is an honors-only program de- whom she had met while studying in the OF CALIFORNIA signed to motivate and direct the top students United States. They celebrated their 40th anni- IN THE HOUSE OF REPRESENTATIVES in our country who aspire to be scientists, en- versary together last year. gineers, and technologists and encourage Wednesday, February 15, 2017 Her lifelong mission was to educate and in- them to stay true to their dream. All delegates spire ordinary people to become involved in Ms. ROYBAL-ALLARD. Mr. Speaker, I rise are nominated by their teachers or the Na- the messy work of democracy. She had an in- today to honor Downey resident, Mr. Kenneth tional Academy of Future Scientists based on timate understanding that efforts to change William Thompson on the occasion of his proven academic excellence and a dem- government policy here in the U.S. had a pro- 100th birthday. onstrated desire to enter the scientific or tech- found impact on the lives of untold billions Ken was born on February 9, 1917, to Wil- nology professions. across the world. By shifting our priorities liam and Eleanor Thompson in Virginia, Min- I want to congratulate Joseph Cachero and away from militarism and war-making, the nesota. The third of four boys, he spent his Hilltop High School in their success and lead- United States could instead contribute to sus- childhood in nearby Duluth, where the Thomp- ership in the scientific field. tainable development and solving real human son family survived the many challenges of f needs globally. the Great Depression. In 1940, the family TRIBUTE TO JOYCE WATTS Co-founding the Colombia Support Network moved west to California. (CSN) in 1987, Cecilia went on to lead more In 1942, at the outbreak of World War II, HON. FRED UPTON than 50 delegations of residents of the United Ken was drafted into the U.S. Army, where he States to Colombia, supporting the formation served as a Radar Technician (T5). Two of his OF MICHIGAN of CSN chapters in the U.S. and matching brothers also served in World War II, in the IN THE HOUSE OF REPRESENTATIVES them with communities in areas of conflict. U.S. Navy. During his tour of duty from 1942 Wednesday, February 15, 2017 CSN sought to achieve peace with justice in to 1945, Ken served overseas in France, Bel- Mr. UPTON. Mr. Speaker, I rise today to Colombia by changing U.S. policy and mini- gium, and Germany. He fought in five major pay tribute to my friend Joyce Watts. mizing the violence faced by people caught battles, including the Battle of the Bulge and After 40 years as Allegan County Clerk and between guerrillas on the one hand and state at Bastogne. When the war in Europe ended, Register, this past December Joyce made the security forces and paramilitaries on the other. he was one of four in his unit who was sched- tough decision to hang it up and retire. Cecilia’s commitment to social and eco- uled to go to Japan because of his radar train- She did so as the longest-serving elected nomic equality, and a deep sense of solidarity ing, but the war ended before he shipped out. county clerk in the entire state of Michigan with people around the world, drove her tire- After the war ended, Ken returned to Cali- and simply put one of the most dedicated pub- less efforts. That passion had a lasting effect fornia, where he met Vivian Laura Oden of St. lic servants our great state has ever seen. on me and will continue to inform my work Paul, Minnesota. They were married in 1948, Joyce juggled many duties in her career. and the values I strive to uphold as a public and settled in Downey, California, where they Before she was clerk-register, she was reg- servant. raised their three beautiful daughters: Joan, ister of deeds for 12 years. She also served Even in the weeks just before her passing, Kathy, and Mary. on the board of directors of the National Asso- she worked closely with me as we pursued Ken was employed by Maytag for 35 years, ciation of County Recorders and Clerks. strategies to ensure accountability, truth, and where he worked in many positions until he Joyce always impressed me with her profes- justice for the victims of Colombia’s 50-year retired in 1982. His loving wife, Vivian, died on sionalism, work-ethic, and tireless advocacy conflict. She lived to see the end of Colom- February 19, 2000. Today, their family in- on behalf of our corner of the state. Joyce was bia’s brutal civil war, which was the fruit of her cludes nine grandchildren and eight great- someone you could trust to get the job done labors and the efforts of persistent, dedicated grandchildren. right. And as a clerk handling elections, it’s peace activists just like her. Her life is a win- Ken has made his home in Downey for 67 absolutely imperative you have someone of dow into the decades-long commitment from years, and has been very active in the com- her character and integrity serving in that posi- millions of people in order to produce real so- munity schools, for which he was awarded the tion. cial change. Honorary Service Award. He has also been

VerDate Sep 11 2014 05:30 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.009 E15FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E200 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2017 actively involved with the Evangelical Free The couple met one another in third grade, in 1982 which is esteemed by jazz con- Church in Fullerton and the Trinity Baptist but didn’t have the chance to go on their first noisseurs today. In 1981 he had his biggest Church in Downey. date until Ed asked Mary George out seven hit with the song ‘‘We’re in This Love To- According to people who know Ken, and years later. Ed was a typical class clown, and gether.’’ He won his first Grammy in 1978, for that is quite a large group, his life is built on Mary George was a Grade A student who was his album ‘‘Look to the Rainbow’’ and his last love for faith, family, friends, a good wit, admired for being dedicated to her studies. in 2007, for best traditional R&B vocal per- laughter, service to others, hard work, and a The two didn’t want much to do with each formance. He shared the award with George deep and abiding passion for his country. other during elementary and junior high Benson and Jill Scott for their collaborative Ken became 100 years old on February 9, school, but Ed continuously admired Mary performance, ‘‘God Bless the Child.’’ Among 2017, and is celebrating this significant mile- George’s beautiful character. Mr. Jarreau’s best-known recordings was the stone on Saturday, February 18, 2017, at the After the two graduated high school, they theme song for the television series, ‘‘Moon- Trinity Baptist Church. decided to get married and begin a life to- lighting.’’ I am honored to join with local leaders, and gether. As the two entered their freshman year Al Jarreau was proud of his hometown and with Mr. Thompson’s family and friends, in of college as an engaged couple, it became at the beginning of most performances an- wishing him a very happy 100th birthday. clear that Mary George’s father wasn’t quite nounced that he was from Milwaukee. The f ready to let his little girl go. He tried to offer Wisconsin Foundation for School Music hon- her gifts to postpone the wedding, but she in- ored Jarreau with a Lifetime Achievement WORKING TO INTEGRATE NET- sisted that Ed was the one for her and married Award in October 2016, and established an WORKS GUARANTEEING MEMBER him only 10 days after her eighteenth birthday. endowment in his name for Milwaukee Public ACCESS NOW ACT Since then, Mr. and Mrs. Poss have main- School music programs. He was concerned tained their commitment over many years and that children in Milwaukee and across the SPEECH OF long distances. Mary George stayed close to country would not have exposure to music and HON. SHEILA JACKSON LEE home to attend the University of Georgia while the arts. In fact, Al Jarreau’s parting request to mourners was that contributions be made to OF TEXAS Ed played football at Auburn University. Ed children from his hometown in lieu of flowers IN THE HOUSE OF REPRESENTATIVES later enlisted in the United States Navy, and moved from Virginia to San Diego, California and gifts. Monday, February 13, 2017 to carry out his duties. Throughout the sea- He leaves behind many friends, admirers Ms. JACKSON LEE. Mr. Speaker, I rise in sons spent in various homes from coast to and family members to mourn his passing in- support of H.R. 512, the Working to Integrate coast, they have raised two children, both of cluding his wife, Susan, his son Ryan and two Networks Guaranteeing Member Access Now whom live in Rabun County. brothers, Marshall and Appie; and a sister, Act, (‘‘Wingman Ace’’), which amends title 38. Together, Ed and Mary George have pre- Rose Marie Freeman. Al Jarreau made a posi- United States Code, to provide certain em- sented their children and our community of tive impact on Milwaukee, Wisconsin and the ployees of Members of Congress and certain northeast Georgia with an enduring example world and I am proud that he hails from Mil- employees of State or local governmental of commitment and trust. May we all look to waukee. Mr. Speaker, for these reasons I rise agencies with access to case-tracking informa- Mr. and Mrs. Poss for an example of the joy to pay tribute to a man whose legacy will con- tion of the Department of Veterans Affairs. that comes from a life of love and service to tinue to benefit the Fourth Congressional Dis- H.R. 512 directs the Department of Vet- another. trict. erans Affairs (VA) to provide an accredited, f f permanent congressional employee with read- IN TRIBUTE TO AL JARREAU RECOGNIZING THE LIFE OF FALL- only remote access to the electronic Veterans EN MISSISSIPPI SOLDIER ARMY Benefits Administration (VBA) claims records SERGEANT (SGT) JOSEPH A. system of a represented veteran, regardless of HON. GWEN MOORE RAHAIM whether the employee is acting under a power OF WISCONSIN of attorney executed by the veteran. IN THE HOUSE OF REPRESENTATIVES The DVA shall ensure that success does HON. TRENT KELLY Wednesday, February 15, 2017 OF MISSISSIPPI not allow the employee to modify system data. IN THE HOUSE OF REPRESENTATIVES Each Member of Congress who elects to Ms. MOORE. Mr. Speaker, I rise today to have an employee participate in the system recognize Alwin Lopez Jarreau, also known as Wednesday, February 15, 2017 shall bear the certification cost which shall be Al Jarreau. He was a vocalist, musician, song- Mr. KELLY of Mississippi. Mr. Speaker, paid from the Member’s representation allow- writer, and father. Al was born on March 12, today I rise in memory of fallen Mississippi ance. 1940 in Milwaukee, Wisconsin and passed soldier Army Sergeant (SGT) Joseph Andrew The amended version would also require away at the age of 76, on February 12, 2017. ‘‘Drew’’ Rahaim who gave his life while in the DVA to implement the bill using appro- He was born into a musical family; his father service to our great nation February 16, 2005, priated funds, and allow as much as $10 mil- was a pastor with a fine voice and his mother, during Operation Iraqi Freedom III. SGT lion to be used from fiscal 2017 through 2020 the church’s pianist. Al began singing at the Rahaim lost his life when a roadway collapsed for that purpose. No funds could be used to age of 4, harmonizing with his 5 siblings. He and his vehicle rolled into a canal at Forward train congressional staffers. graduated from Lincoln High School in 1958 Operation Base Iskandariyah, Iraq. SGT Tim- An accredited, ‘‘permanent congressional where his love of music and singing deep- othy R. Osbey was also killed in the accident. employee’’ is an employee of a Member of ened. He earned a bachelor’s degree from SGT Rahaim was assigned to the 1st Bat- Congress who assists constituents with issues Ripon College in Wisconsin in 1962, and a talion, 155th Infantry Regiment (Mechanized), regarding federal departments or agencies. master’s degree from the University of Iowa. Mississippi Army National Guard, McComb, Mr. Speaker, I support H.R. 512 and urge He worked as a rehabilitation counselor for MS. all members to join me in voting for its pas- people with disabilities. Al Jarreau’s full-time Major General (MG) Harold Cross, Adjutant sage. For that reason I support this bill. musical career began when he was nearly 30 General of Mississippi, posthumously pre- f and he could no longer resist the pull of jazz. sented SGT Rahaim the Bronze Star Medal Al Jarreau was a versatile vocalist who re- and the Mississippi Medal of Valor. During the RECOGNIZING ED AND MARY corded 21 albums, won seven Grammys and funeral for the 22-year-old Magnolia, MS na- GEORGE POSS remains the only vocalist in Grammy history to tive, MG Cross described the medals as two win in the jazz, pop, and R&B categories. He of the nation’s highest awards. HON. DOUG COLLINS was proud that his mix of styles prevented him SGT Rahaim was remembered by many as OF GEORGIA from being easily categorized. Al Jarreau had a great storyteller. Soldiers from his unit said IN THE HOUSE OF REPRESENTATIVES a vocal style that was appealing and highly their guardian angel will probably be listening unusual. He could produce an array of vocal- to his tall tales in heaven. Rev. Phil McMinn Wednesday, February 15, 2017 izations and was nicknamed the acrobat of of the Brookwood Baptist Church in Mr. COLLINS of Georgia. Mr. Speaker, I scat because of this talent. Al reached a na- Lawrenceville delivered his eulogy. He said rise today to recognize Ed and Mary George tional audience with his second album We Got SGT Rahaim was destined to be a soldier Poss, who will be celebrating 71 happy years By, released in 1975. In 1965, he recorded his from childhood, and that when Drew was a of marriage on March 20th of this year. first album entitled ‘‘1965’’ belatedly released young boy, he kept his GI Joe toy close by.

VerDate Sep 11 2014 05:30 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.014 E15FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 15, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E201 SGT Rahaim will be remembered for his After receiving her doctorate in Information Arnusch pursues his future undertakings. His sacrifice and for demonstrating the qualities of Science from the University of Pennsylvania in passion and dedication to the agricultural in- a great soldier and American. 1979, Ms. Pollack began her academic career dustry makes him more than worthy of this f with the nonprofit research organization SRI distinct recognition. Mr. Speaker, it is an honor International. She then served as faculty for INTRODUCTION OF TAX RETURN to recognize Mr. Marc Arnusch for his accom- the University of Pittsburgh until 2000, when plishments. PREPARER ACCOUNTABILITY ACT she joined the University of Michigan as a Professor of Computer Science and Engineer- f HON. STEVE COHEN ing. Ms. Pollack distinguished herself through OF TENNESSEE her outstanding scholarship and leadership. HONORING MAE BETH PALONE IN THE HOUSE OF REPRESENTATIVES As a result, she was named chair of the School of Information in 2007 and Provost and Wednesday, February 15, 2017 Executive Vice President for Academic Affairs HON. KENNY MARCHANT Mr. COHEN. Mr. Speaker, today I intro- in 2013. As Provost, she oversaw academic duced, along with my colleagues Reps. ROB- and budgetary affairs for the entire academic OF TEXAS ERT OBBY COTT AROLYN ALONEY ‘‘B ’’ S , C M and enterprise, which includes the 19 schools and IN THE HOUSE OF REPRESENTATIVES ELEANOR HOLMES NORTON, the Tax Return colleges within the university, as well as librar- Preparer Accountability Act of 2017, which ies, museums and other institutions in the Uni- Wednesday, February 15, 2017 would provide explicit authority for the Internal versity of Michigan system. Revenue Service (IRS) to protect taxpayers Ms. Pollack has received numerous acco- Mr. MARCHANT. Mr. Speaker, I rise today from unscrupulous tax cheats masquerading lades for her work as a leader and scholar at to congratulate Mae Beth Palone on her well- as bona fide tax preparers. the University of Michigan. In 2007, Ms. Pol- earned retirement from the Independent Bank- As we near April 15th, millions of taxpayers lack received the Sarah Goddard Power ers Association of Texas, after twenty-two will pay someone to help them fill out their tax Award for contributing to increased recognition years of dedicated service. and involvement of women in the sciences. returns. Many of these tax preparers are hon- After graduating from the University of est and trustworthy. But, unfortunately, too She was also elected as a Fellow of the Texas with a bachelor’s degree in journalism, many of them take advantage of their cus- American Association for the Advancement of tomers or help their customers engage in tax Science and the Association for Computing Palone’s distinguished career began at the fraud themselves. Machinery for her pioneering research. Under Texas Capitol in 1975 working for Representa- In Memphis, my Congressional district, a her leadership, the university has made impor- tive Elmer Martin. She then faithfully served company named Mo’ Money Taxes was tant strides in improving affordability for stu- Representative Walter Grubbs, Representative caught charging taxpayers deceptive and out- dents and continuing to attract world-class Jimmy Mankins, Representative Foster rageous fees and cheating them out of their scholars to the University of Michigan commu- Whaley and even assisted a newly elected refunds. The company also helped some cus- nity. Her leadership and experience will be Representative Rick Perry before he had his tomers prepare fraudulent returns that claimed missed as she moves on to become Cornell own staff, finishing her Capitol career in the bogus deductions and cheated the public of University’s president this year. service of Representative Robert Earley. needed tax revenue. Fortunately, the Depart- Mr. Speaker, I ask my colleagues to join me Nearly twenty years later, she joined the ment of Justice has shut down the tax pre- in honoring Martha Pollack and her years of Independent Bankers Association of Texas parer company but there are many businesses service to the University of Michigan and Ann just like them cheating taxpayers and the gov- Arbor community. She has proven to be a ca- (IBAT) serving as IBAT’s Government Rela- ernment alike. pable and committed leader who has helped tions Officer where she continued to cultivate The IRS issued rules in 2011 regulating the address the most challenging issues facing her exemplary relationships with her legislative tax return preparer industry by requiring them the university. peers and promote the cause of community to register with the IRS and meet certain edu- f bankers in Texas. Palone’s journalism degree was put to great use as the author of the cation and testing standards. However, a fed- RECOGNIZING MR. MARC ARNUSCH eral court held that the IRS did not have the script for IBAT’s Annual Convention and other authority under existing law to issue these reg- HON. KEN BUCK key IBAT events and communications. Palone ulations and they could not come into effect. was promoted to Vice President in 2000. She That’s why I introduced the Tax Return Pre- OF COLORADO IN THE HOUSE OF REPRESENTATIVES took the reins of the IBAT Leadership Division parer Accountability Act because it’s important in 2004, the most treasured experience of her Wednesday, February 15, 2017 that anyone who assists in filing federal taxes IBAT career, growing membership to over 590 is sufficiently trained and maintain a certain Mr. BUCK. Mr. Speaker, I rise today to rec- and implementing a regional governance level of professional conduct. ognize Mr. Marc Arnusch on being selected as structure as she mentored the future leaders I hope that Congress will quickly act on this the 2016 Rising Star in Colorado Agriculture. of the Texas community banking industry. bill to ensure that these dishonest business This honor is reserved for those who have practices cannot continue, and protect the made a significant contribution to the agricul- Despite her busy professional life, Ms. pocketbooks of middle-class families. tural industry of Colorado and the United Palone also found time to give back to her f States. community as a CASA volunteer as well as Mr. Arnusch has an extensive background serving on the board of directors of her home- IN RECOGNITION OF MARTHA E. in Colorado agriculture. After receiving a de- owners association. Palone is perhaps best POLLACK’S SERVICE ON BEHALF gree in Agricultural Economics, he returned known for her undying loyalty to her Texas OF THE UNIVERSITY OF MICHI- home and began working the land adjacent to GAN Longhorns, attending every home football his father’s farm. He now operates Marc game and supporting them regardless of their Arnusch Farms, LLC which stretches across ranking. HON. DEBBIE DINGELL 2,400 acres in Prospect Valley. Mr. Arnusch is OF MICHIGAN a member of the Colorado Corn Administrative Palone’s dedication, professionalism, and IN THE HOUSE OF REPRESENTATIVES Committee and the Colorado Farm Bureau, commitment to excellence have greatly bene- fited those who depend upon the Texas com- Wednesday, February 15, 2017 and has held various leadership roles within the Colorado Farm Bureau. munity banking industry. She has earned the Mrs. DINGELL. Mr. Speaker, I rise today to His attendance and participation in local fo- respect and admiration of her peers. recognize Martha E. Pollack, Provost and Ex- rums, appearance in television commercials, Mr. Speaker, it is a pleasure to recognize ecutive Vice President for Academic Affairs at and efforts on behalf of agriculture have the University of Michigan as she moves to helped make him a prominent figure in his the tireless efforts that Mae Beth Palone has the next chapter of her life. Ms. Pollack has community. He has become a powerful voice made to the people of the great state of Texas led a distinguished academic career and for agriculture in Colorado and I look forward and Texas community bankers. I ask all of my helped the university effectively serve its stu- to learning of his future endeavors. distinguished colleagues to join me in con- dents, faculty and the Ann Arbor community On behalf of the 4th Congressional District gratulating Mae Beth Palone on her many during her tenure with the school. of Colorado, I extend my best wishes as Mr. years of loyal service.

VerDate Sep 11 2014 05:30 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.018 E15FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E202 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2017 RECOGNITION OF EDGAR JACOME SSG Olivier gave his life to protect the free- Violent Extremism (or CVE), to Countering Is- GUZMAN SELECTION AS A DELE- doms we all enjoy. His sacrifice will not be for- lamic Extremism. Reuters further reported that GATE TO THE CONGRESS OF FU- gotten. the administration is focusing the work of a TURE SCIENCE AND TECH- f CVE Task Force on programs solely tackling NOLOGY LEADERS radical Islamic groups, although the evidence THE EVOLVING THREAT OF TER- clearly shows that since right-wing extremists HON. JUAN VARGAS RORISM AND EFFECTIVE have killed more people in the United States COUNTERTERRORISM STRATE- than Islamic Extremists. The world is following OF CALIFORNIA GIES these developments, and terrorist leaders are IN THE HOUSE OF REPRESENTATIVES using them to rally supporters and garner re- Wednesday, February 15, 2017 HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. cruits. Mr. VARGAS. Mr. Speaker, I rise today to OF GEORGIA In late January 2017, the New York Times honor Edgar Jacome Guzman, a student in IN THE HOUSE OF REPRESENTATIVES provided evidence of a leaked draft of an EO that would have revived C.I.A. prisons, also San Ysidro, California, for his selection to rep- Wednesday, February 15, 2017 resent the State of California as a Delegate at known as black sites, where terrorism sus- the Congress of Future Science and Tech- Mr. JOHNSON of Georgia. Mr. Speaker, the pects were detained and tortured following the nology Leaders. The event will be held at the House Armed Services Committee held a full 9/11 attacks. The draft EO was reminiscent of Tsongas Center at University of Massachu- committee hearing on The Evolving Threat of the immediate years following 9/11, when tor- setts Lowell in Lowell, MA, from June 29, Terrorism and Effective Counterterrorism ture was condoned by some of the highest 2017 to July 1, 2017. Strategies. The hearing featured three wit- levels of our government. Torture did not work The Congress of Future Science and Tech- nesses, Professor Bruce Hoffman, Mr. Brian back then and it does not work now. Simply put, torture makes us less safe. In early Janu- nology Leaders is an honors-only program de- Jenkins, and Ambassador Michael Sheehan, ary 2017, a group of 176 retired flag officers signed to motivate and direct the top students all of whom are well-known counterterrorism from all branches of the United States military in our country who aspire to be scientists, en- subject matter experts. signed a letter to then President-elect Trump gineers, and technologists and encourage There is no question that terrorism is a seri- calling torture ‘‘unnecessary’’ and ‘‘counter- them to stay true to their dream. All delegates ous problem that requires holistic solutions, and there is no doubt that countering terrorism productive because it undermines our national are nominated by their teachers or the Na- security.’’ A few days ago the New York Times tional Academy of Future Scientists based on at home and abroad at times requires using hard power. This is a point that we can all reported that although the idea of black sites proven academic excellence and a dem- seemed to have been dropped, the Trump Ad- onstrated desire to enter the scientific or tech- agree. However, I am concerned that we have spent the overwhelming portion of our federal ministration was finalizing a new EO draft that nology professions. would bring future IS detainees to the wartime I want to congratulate Edgar Jacome resources and national attention on the secu- rity dimensions of terrorism since 9/11 while prison at Guantanamo Bay. Guzman in his success and leadership in the In the years following the 9/11 attacks, largely ignoring the intangible elements, such scientific field. Americans were forced to confront our policies as those requiring soft power solutions. This f of torture, black sites, the Abu Ghraib prison approach has led our government to adopt scandal, and the wartime prison at Guanta- RECOGNIZING THE LIFE OF FALL- policies which only exacerbate the problem of namo Bay Cuba. These policies not only left EN NATIONAL GUARD SOLDIER terrorism rather than solve it. a stain on our conscience and America’s ARMY STAFF SERGEANT (SSG) President Trump’s recent Executive Orders moral standing, but they also led to the NICHOLAS J. OLIVIER (EOs), in particular the Muslim ban and the radicalization of countless of individuals. It is virulent language being promulgated by senior well known that Abu Bakr al Baghdadi, the HON. TRENT KELLY officials, will only bolster the narrative which leader of IS, spent significant time at American OF MISSISSIPPI terrorist groups such as the Islamic State (IS) detention centers in Iraq, including Abu Ghraib IN THE HOUSE OF REPRESENTATIVES seek to spread, i.e. the West is at war with and Camp Bucca. It was there that he and Islam. In his testimony in front of the House Wednesday, February 15, 2017 other future leaders of IS first met. Former Committee on Homeland Security, Secretary prison commanders, analysts, and soldiers all Mr. KELLY of Mississippi. Mr. Speaker, of Homeland Security John Kelly called the reported that these prison sites ‘‘provided a today I rise in memory of Army Staff Sergeant EO barring individuals from seven majority- unique setting for both prisoner radicalization (SSG) Nicholas J. Olivier who paid the ulti- Muslim countries from entering the United and inmate collaboration—and was formative mate sacrifice while defending our great nation States a ‘‘temporary pause.’’ While I will not in the development of today’s most potent on February 23, 2005, during Operation Iraqi question the sincerity of this remark, the vast jihadist force.’’ Freedom III. SSG Olivier’s final mission was to majority of counter-terrorism experts, including Mr. Speaker, it is plain to see the means conduct a foot patrol in Baghdad, Iraq in order Michael Leiter, the former Director of the Na- this administration will use to counter terrorism to find terrorist elements reported to be oper- tional Counterterrorism Center, agree that at will only lead to further radicalization, the birth ating in the area. While on the patrol, enemy best the EO completely ‘‘misses the point.’’ At of more terrorist groups, and increasingly forces initiated a complex ambush with an im- worst, the EO is ‘‘stupid,’’ and ‘‘counter- strained relations with the Muslim world. I provised explosive device and small arms fire productive,’’ according to Patrick Skinner, a hope that we in Congress do everything we that resulted in the mortal wounding of SSG former CIA counterterrorism case officer. can to ensure that our counter terrorism poli- Olivier and the injury of several of his fellow As Skinner and other counterterrorism ex- cies live up to our values, and that we do not soldiers. perts note, we currently rely upon local part- repeat the mistakes of the past. SSG Olivier was described as a leader who ners in Syria, Libya, and Iraq with whom we f made it a top priority to get the men under his work side by side to expel IS terrorists from RECOGNIZING MR. BILL MARKHAM command back home to their families and Mosul and Al Bab and other areas. With the loved ones once their tour was complete. Immigration EO, we are effectively telling our SSG Olivier, of Jackson, MS, was assigned partners now that we won’t need them and will HON. KEN BUCK to B Company, 3rd Battalion, 156th Infantry abandon those who have sacrificed greatly for OF COLORADO Regiment, 256th Infantry Brigade Combat our cause. This is false. We do need them. It IN THE HOUSE OF REPRESENTATIVES Team, V Corps, Pineville, LA. He was the 15th is also worrying that this EO supports the Wednesday, February 15, 2017 member of the 256th from Louisiana to lose hateful West vs. Muslim World narrative terror- Mr. BUCK. Mr. Speaker, I rise today to rec- his life in Iraq. ists are trying to propagate. As Jessica Stern, ognize Mr. Bill Markham on being inducted SSG Olivier is survived by his parents, Wil- a counterterrorism expert, recently reported, into the Colorado Agriculture Hall of Fame. liam and Linda Olivier and his wife, Angelle. In ‘‘jihadis are already celebrating Trump’s exec- This honor is reserved for those who have a statement issued by the National Guard, utive order as a ‘blessed ban.’’’ Let me repeat made a significant contribution to the agricul- Angelle Olivier said her husband was com- that: terrorists are celebrating Trump’s Immi- tural industry of Colorado and the United mitted to Operation Iraqi Freedom III and his gration Executive Order. States. country because he felt it was necessary to It does not stop there. Late last month Reu- Throughout his life, Mr. Markham has con- ensure America’s freedom and to fight to abol- ters reported that the administration is moving tributed to the agricultural industry. His dedica- ish terrorism. away from using the neutral term, Countering tion to educating the youth in Colorado about

VerDate Sep 11 2014 05:30 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.023 E15FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 15, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E203 the importance of agriculture inspired him to PERSONAL EXPLANATION intentionally misrepresented the veteran status donate his time and resources to the Colorado of its employees. Young Farmers Educational Association, serv- HON. GWEN MOORE One of the biggest problems facing our vet- ing as state president and national secretary. OF WISCONSIN erans right now is finding good jobs in civilian He was also a member of the Colorado Live- IN THE HOUSE OF REPRESENTATIVES life, especially those who served in Iraq and stock Association and Colorado Corn Growers Afghanistan. Wednesday, February 15, 2017 Association. Throughout the years, he has Our veterans have received the best training won various awards for his commitment to ag- Ms. MOORE. Mr. Speaker, on February 13, in the world. riculture, and even appeared in a Coors tele- 2017, I missed four votes as a result of per- They have unique skills and experience that vision commercial. sonal illness. Had I been present, I would cannot be acquired anywhere but in the have voted YES on H.R. 609, YES on H.R. United States military. Despite Mr. Markham’s accomplishments 512, YES on H.R. 244, YES on H.R. 974. They have what it takes to excel in the civil- within his community, he is most proud to hold f ian workforce; they do not need charity, just the title farmer. Mr. Markham is the owner of opportunity. M&M Farms, where he has spent countless RECOGNIZING THE LIFE OF FALL- With this bill, we urge private companies to days growing Rocky Mountain Barley for EN MISSISSIPPI SOLDIER SER- hire highly-trained, highly-skilled veterans who Coors Brewing Company. GEANT FIRST CLASS (SFC) WIL- know how to get the job done, whatever job it On behalf of the 4th Congressional District LIAM C. SPILLERS may be. of Colorado, I extend my best wishes to Mr. I ask my colleagues to join me in supporting Bill Markham. His passion and dedication to HON. TRENT KELLY H.R. 974. the agricultural industry makes him more than OF MISSISSIPPI f worthy of this distinct recognition. Mr. Speak- IN THE HOUSE OF REPRESENTATIVES RECOGNIZING MR. BILL WEBSTER er, it is an honor to recognize Mr. Bill Mark- Wednesday, February 15, 2017 ham for his accomplishments. Mr. KELLY of Mississippi. Mr. Speaker, HON. KEN BUCK today I rise in memory of Army Sergeant First f OF COLORADO Class (SFC) William C. Spillers who paid the IN THE HOUSE OF REPRESENTATIVES ultimate sacrifice while defending our great na- HONORING OAKWOOD MIDDLE Wednesday, February 15, 2017 SCHOOL AS FUTURE CITY FINAL- tion on February 17, 2007, during Operation ISTS Iraqi Freedom III. SFC Spillers died of a non- Mr. BUCK. Mr. Speaker, I rise today to rec- combat related injury in Baghdad, Iraq. ognize Mr. Bill Webster on being inducted into SFC Spillers worked at the Joint Forces the Colorado Agriculture Hall of Fame. This HON. BOB GIBBS Headquarters in Jackson, MS. He was as- honor is reserved for those who have made a signed to the 230th Finance Detachment, 15th significant contribution to the agricultural in- OF OHIO Finance Battalion, 13th Finance Group, Jack- dustry of Colorado and the United States. IN THE HOUSE OF REPRESENTATIVES son, MS. Twenty-one members of his unit Mr. Webster has had a tremendous impact were mobilized in May 2006. They arrived in on agriculture in Colorado. He started Webster Wednesday, February 15, 2017 Iraq in August 2006. Land and Cattle Company at a young age and SFC Spillers, a Terry, MS native, was de- managed the company for over thirty years. Mr. GIBBS. Mr. Speaker, I am honored to scribed by Major General Harold Cross as a After his retirement, Mr. Webster served in the recognize the students of Oakwood Middle model soldier who was always attentive to his Colorado State Legislature and as the Weld School, finalists in the Future City competition. duties, Adjutant General of the Mississippi Na- County Commissioner at Large. He has con- Each year, more than 40,000 students from tional Guard. At the time of SFC Spillers’s tinuously been a leader in his community, 1,350 schools across the country compete in death, at least 47 soldiers or sailors with Mis- serving on multiple boards and participating in the Future City competition, which challenges sissippi ties had died in action since oper- various organizations. Today he is involved in students to create futuristic cities and solve ations began in Iraq and Afghanistan. the Greeley Rotary Club, T-Bone Club, First sustainability issues within the city. Thirty-four SFC Spillers devoted his life as a full-time Congregational Church, and the American Le- eighth-grade students from Oakwood Middle soldier in service to our nation. He is survived gion. School in Canton, Ohio participated in this by his parents Robert E. Spillers and Sharon In addition to being a leader in his commu- year’s competition under the guidance of their Johnson, his wife Kim, his daughter Hailey, nity, Mr. Webster served his country for two teacher, Ms. Vanessa Board. and sons Daniel and Myles. years in the United States Army. After his f many years of public service, Mr. Webster re- This year’s competition tasked the students turned to Colorado State University to com- to create an efficient, eco-friendly city set 100 BOOSTING RATES OF AMERICAN plete his Bachelor of Science degree in Ani- years in the future. These talented students VETERAN EMPLOYMENT ACT mal Science. Mr. Bill Webster has set an ex- used their knowledge in Science, Technology, ceptional example of leadership and public SPEECH OF Engineering, and Math to create the city of service, and it is a great honor to call him a Skotgeta, an Icelandic city powered by geo- HON. SHEILA JACKSON LEE dear friend and my father-in-law. thermal energy, which harnesses sustainable OF TEXAS On behalf of the 4th Congressional District natural resources and utilizes technology to IN THE HOUSE OF REPRESENTATIVES of Colorado, I extend my best wishes to Mr. cure cancer. Their hard work earned them Bill Webster. His passion and dedication to the Monday, February 13, 2017 First Place at the regional competition and agricultural industry makes him more than qualified them to compete in the national Fu- Ms. JACKSON LEE. Mr. Speaker, I rise in worthy of this distinct recognition. Mr. Speak- ture City competition. support of H.R. 974, ‘‘Boosting Rates of Amer- er, it is an honor to recognize Mr. Bill Webster The achievements of these students dem- ican Veteran Employment Act.’’ ‘‘BRAVE Act’’ for his accomplishments. onstrate the same ingenuity and determination authorizes the Department of Veterans Affairs f to give preference to companies with high of other Ohioans like Neil Armstrong, Thomas PERSONAL EXPLANATION Edison, and the Wright Brothers. I am con- concentrations of veteran employees when awarding VA contracts. fident in the future of our nation when Oak- I support this bipartisan bill because it pro- wood Middle School’s Future City team rep- HON. BILL HUIZENGA vides an incentive to companies to actively resents the next generation of American lead- OF MICHIGAN hire veterans. ership. IN THE HOUSE OF REPRESENTATIVES H.R. 974 will spur the hiring of veterans into Mr. Speaker, this accomplishment is a testa- coveted positions within large government Wednesday, February 15, 2017 ment to the students and their teacher’s dedi- contractors. Mr. HUIZENGA. Mr. Speaker, I rise today cation to academic excellence. I am proud of The BRAVE Act also gives the VA authority regarding missed votes due to my attendance each of these individuals, and I wish them to debar contracting for at least five years of at the White House for the signing ceremony much success in the future. any company determined to have willfully and for H.J. Res. 41 on Tuesday, February 14,

VerDate Sep 11 2014 05:30 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.026 E15FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E204 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2017 2017. Had I been present for roll call vote Bill personally. However, I know how deeply PERSONAL EXPLANATION number 88, ordering the previous question of he was loved and how greatly he is missed. H. Res. 99, I would have voted yea. Had I I offer my condolences to his family as they HON. DAVID P. ROE been present for roll call vote number 89, both mourn his loss and celebrate his life after OF TENNESSEE Adoption of H. Res. 99, the combined rule his home-going on January 17th of this year. IN THE HOUSE OF REPRESENTATIVES providing for consideration of H.R. 428—Red Wednesday, February 15, 2017 River Gradient Boundary Survey Act and of Known to many as Hunter, Bill was raised in H.J. Res. 42—Disapproving the rule submitted West Texas and embodied many classic Mr. ROE of Tennessee. Mr. Speaker, I by the Department of Labor relating to drug American traits—independent, driven, and missed Roll Call votes 89, 90 and 91 on Feb- testing of unemployment compensation appli- fiercely loyal. His childhood was not easy, and ruary 14, 2017. cants, I would have voted yea. Had I been it engendered in him his lifelong drive to work I missed these votes while attending the present for roll call vote number 90, ordering hard, fight for the underdog, and aid those in swearing-in ceremony at the White House for VA Secretary Shulkin. the Previous Question on H. Res. 116—I need. Bill lost his father when he was only 5, would have voted yea. Had I been present for Had I been present, I would have voted causing him to grow up early to help his moth- YEA on Roll Call No. 89, YEA on Roll Call No. roll call vote number 91, Adoption of H. Res. er pay the bills, whether as a paperboy, gro- 116—The combined rule providing for consid- 90, and YEA on Roll Call No. 91. cery clerk, or telegram courier. He recalled eration of H.J. Res. 66—Disapproving the rule f submitted by the Department of Labor relating how it was cold in West Texas and his family couldn’t make the gas payment. So, at only 7, RECOGNIZING MR. ROBERT to savings arrangements established by States MILLER for non-governmental employees and of H.J. he biked a paper route around 5 in the morn- Res. 67—Disapproving the rule submitted by ing and then wore his cold, wet shoes the re- the Department of Labor relating to savings mainder of the day at school just to do his HON. KEN BUCK OF COLORADO arrangements established by qualified State part. Bill put himself through college at Texas IN THE HOUSE OF REPRESENTATIVES political subdivisions for non-governmental Tech and law school at Southern Methodist employees, I would have voted yea. University. Key accomplishments for a boy Wednesday, February 15, 2017 f from Monahans, Texas. Mr. BUCK. Mr. Speaker, I rise today to rec- ognize Mr. Robert Miller’s retirement after a PRIME MINISTER BENJAMIN Bill lived, loved, and practiced law for over lifetime of service to the state of Colorado and NETANYAHU VISIT 50 years. Legal adversaries and allies agree the United States. that Bill was a brilliant attorney and a formi- Bob Miller has dedicated his life to the pur- HON. JOE WILSON dable opponent who earned the respect of his suit of justice and order in our country. Bob re- OF SOUTH CAROLINA peers for his innovative legal arguments and ceived his Juris Doctor from the University of IN THE HOUSE OF REPRESENTATIVES his vigorous advocacy for his clients. Bill was Colorado in 1965. He then worked 51 years in Wednesday, February 15, 2017 tough as nails but soft as a kitten. He could the legal profession as the first full-time Dis- aggressively fight a bully in court or quietly trict Attorney of Weld County, the U.S. Attor- Mr. WILSON of South Carolina. Mr. Speak- teach Sunday school or speak in silly voices ney for the District of Colorado, and an equity er, President Donald Trump warmly welcomed partner at Perkins Coie LLP. In addition to his Prime Minister Benjamin Netanyahu to the to show his pets how much he cared for them. Bill deeply enjoyed providing high-caliber legal work in the legal profession, he also served White House today on his first official state our nation as a member of the United States assistance to those who couldn’t afford it. visit of the new Administration. Under the Air Force. leadership of President Donald Trump and However, he didn’t announce his efforts to Besides his incredibly successful career, Vice President MIKE PENCE, I am confident help others. Rather, his family and friends Bob Miller is most proud to have raised his that this visit will leave no doubt that the learned of his extensive pro bono work when family in Greeley, Colorado. In fact, his United States stands firmly with our ally, community members would share how much fondest memory is of watching his son, now Israel. Bill had helped, be it the staff of his favorite Assistant District Attorney of Weld County, Throughout his campaign and since being restaurant or the workers at his retirement vil- succeed in cracking a horrendous murder cold sworn in as President, Donald Trump has lage. case. made it a priority to stand up for Israel and Though he is stepping down as a partner at Dallas was Bill’s true home. He was Presi- promote peace in the Middle East, specifically, Perkins Coie LLP, Mr. Miller will continue to by opposing growing Iranian aggression. Just dent of the Dallas School Board, a member of serve the people in a consulting role with the last week, the President swiftly imposed Highland Park Presbyterian Church, a part- firm. Mr. Speaker, it is an honor to recognize strong sanctions on Iranian officials for testing owner of the ABA basketball team the Dallas Mr. Robert Miller for his accomplishments. yet another intercontinental ballistic missile to Chaparrals, a frequenter of Dallas’ wonderful f threaten American families with death. museums, and an avid Cowboys fan. He loved HONORING THE NAACP FOR 108 I look forward to working with President God and his family. He was very proud of his Trump to show our support for Israel and I ap- YEARS OF REMARKABLE SERV- children and delighted in watching his grand- preciate that he has appointed Governor Nikki ICE AND EXTRAORDINARY CON- Haley as U.S. Ambassador to the United Na- children and step-grandchildren grow. TRIBUTIONS TO THE NATION tions, where she will be a strong voice for Bill leaves behind many who loved him: his American families. wife, Pati, her 5 children and 5 grandchildren; HON. SHEILA JACKSON LEE In conclusion, God Bless Our Troops and his three children—Sam, Chris, and Jill, and OF TEXAS we will never forget September 11th in the his 9 grandchildren; and hundreds of attor- IN THE HOUSE OF REPRESENTATIVES Global War on Terrorism. God Bless Benjamin neys, judge and friends who know that Dallas Wednesday, February 15, 2017 Netanyahu, a dynamic leader of peace and the legal community lost an important through strength. Ms. JACKSON LEE. Mr. Speaker, I rise to member. f commemorate the 108th anniversary of the Although I did not know Bill personally, I oldest, largest, most historic and most influen- TRIBUTE TO BILL C. HUNTER know how much his family and community tial civil rights organizations in the United miss him. I imagine that his family can take States, the National Association for the Ad- HON. DANNY K. DAVIS comfort in knowing that Bill can still enjoy vancement of Colored People, known to all OF ILLINOIS many of his favorite past times in heaven—en- simply as the NAACP. IN THE HOUSE OF REPRESENTATIVES gaging in some healthy arguments with St. The NAACP is the oldest, largest, most his- toric and most influential civil rights organiza- Peter, listening to country music, whistling Wednesday, February 15, 2017 tions in the United States. Mr. DANNY K. DAVIS of Illinois. Mr. Speak- some tunes to pass the time, working chal- First organized in 1905, the group was er, I wish to take a moment to pay tribute to lenging crossword puzzles, laughing at clever known as the Niagara Movement when mem- Bill Hunter, the father of one of my long-time comic strips, or, most importantly, watching his bers began meeting at a hotel situated on the staff. I did not have the privilege of knowing beloved Cowboys. Canadian side of the Niagara Falls.

VerDate Sep 11 2014 05:30 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.032 E15FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 15, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E205 Members of the group had to meet in Can- Porters; and the Congress of Racial Equality and persuaded the Court to rule unanimously ada because American hotels in Niagara Falls (CORE). that in the field of public education, ‘‘separate were segregated. The March on Washington was a seminal but equal’’ was inherently unequal. Under the leadership of the Harvard-edu- event in our nation’s history and awakened That decision gave hope to millions of cated scholar, the great W.E.B. Du Bois, the Americans of goodwill to the urgent need to Americans that their children might enjoy the group would later be known as the National rededicate ourselves to the great unfinished full promise of America that had been denied Negro Committee before finally adopting the task of making real the promise of America for their forebears for more than three centuries. name by which it has been known for the last all Americans, especially African Americans. Mr. Speaker, the NAACP remains com- 106 years—the National Association for the Mr. Speaker, the current president of the mitted to achieving its goals through non- Advancement of Colored People, or NAACP— NAACP is Cornell William Brooks and the violence, the legal process, and moral and po- at its second conference in 1910. Board Chairman is Roslyn M. Brock; through litical suasion, and through direct actions such The first official meeting was held in 1909 the years, the NAACP has been led by some as marches, demonstrations, and boycotts to exactly 108 years ago this past Sunday: Feb- of bold, visionary, and effective leaders, in- give voice to the hopes and aspirations of Afri- ruary 12, the centennial of the birth of Presi- cluding: can-Americans and others who lack the power dent Abraham Lincoln. Walter White; to make their voices heard. The mission of the association was clearly Roy Wilkins; There is still a need for justice and equal delineated in its charter: Benjamin Hooks; treatment for African Americans and other vul- To promote equality of rights and to eradi- Benjamin Chavis; nerable populations in our country, and thank- cate caste or race prejudice among the citi- Merlie Evers-Williams, widow of Medgar fully, we still have a vibrant NAACP to advo- zens of the United States; Evers; cate their cause and fight for their interests. To advance the interest of colored citizens; Kweisi Mfume; I am grateful for the many battles for equal- to secure for them impartial suffrage; and Bruce S. Gordon; and ity that the NAACP organization has fought To increase their opportunities for securing Benjamin Todd Jealous. and won, and thankful that the NAACP will be justice in the courts, education for the children, Mr. Speaker, America would be a very dif- there in the future to wage the fight for justice employment according to their ability, and ferent place were it not for the brilliance of the wherever and whenever justice needs a cham- complete equality before law. NAACP’s Clarence M. Mitchell, Jr., the leg- pion. Mr. Speaker, for more than a century, the endary Director of the Washington Bureau Happy 108th birthday, NAACP, and thank NAACP has stayed true to its charter and from 1950 to 1978. you for all you have done to make our country championed the cause of justice and equality So effective was Clarence Mitchell in the better. in America. campaigns to win passage of civil rights laws, f It has fought valiantly and tirelessly on be- including the 1957 Civil Rights Act, the 1960 half of African-Americans and others to secure Civil Rights Act, the 1964 Civil Rights Act, the TRIBUTE TO THE EAGLE HEIGHTS their civil rights and liberties and the full meas- 1965 Voting Rights Act of 1965, and the Fair ELEMENTARY SCHOOL SECOND ure of justice and equality for all. Housing Act of 1968, that his sobriquet was GRADE CLASS At a time when African-Americans were the ‘‘101st Senator.’’ treated as second-class citizens and the The NAACP is perhaps best known for the HON. DAVID YOUNG scourge of slavery was still rampant, the practice pioneered by the legendary Charles OF IOWA NAACP emerged to ensure that the rights, in- Hamilton Houston and Thurgood Marshall of IN THE HOUSE OF REPRESENTATIVES terests and voices of African-Americans did ‘‘impact litigation,’’ the strategy of bringing Wednesday, February 15, 2017 not go unheard. carefully selected cases to court to establish During World War I, the NAACP success- legal precedents of beneficially affecting thou- Mr. YOUNG of Iowa. Mr. Speaker, I rise fully campaigned for African Americans to be sands, and frequently millions, of persons be- today to include in the RECORD some very commissioned as officers in the army, result- yond the immediate parties to the case. special words of advice for our nation’s 45th ing in President Woodrow Wilson commis- Among the historic victories won by NAACP President, Donald Trump. These are words of sioning 600 African American officers. lawyers are: welcome and advice from the students of During World War II, the NAACP persuaded 1. 1940—Chambers v. Florida, which estab- Eagle Heights Elementary School’s second the administration of President Franklin Roo- lished that confessions obtained as the result grade class in Clinton, Iowa. sevelt to issue an executive order banning ra- of police coercion are inadmissible at trial; As their teacher Wendy Jennings notes, cial discrimination in war-related industries and 2. 1944—Smith v. Allwright, which outlawed ‘‘My second grade class has been following federal employment. the South’s ‘‘white primary’’; the election and your road to becoming our In 1948, President Harry Truman became 3. 1948—Shelley v. Kraemer, which ruled new president. They were interested in the im- the first president to formally address the racially restrictive covenants and unconstitu- portant things: the name of your son, the color NAACP and he worked with the NAACP in ap- tional and legally unenforceable’ of your ties, if you would use the bowling alley pointing a commission to study and offer ideas 4. 1950—Sweatt v. Painter and McLaurin v. in the White House, why other grown-ups to improve civil rights and equality of oppor- Oklahoma State Regents, which, held that made mean faces when you were speaking tunity for all persons in the United States. separate law and graduate school are inher- and the fact you always smile. It has been fun The NAACP’s close relationship with Presi- ently unequal and thus constitutional; to watch all of this through their eyes.’’ dent Truman helped to influence him to issue 5. 1954—Brown v. Board of Education of These following letters I include in the Executive Order 9981, which desegregated Topeka, landmark case overruling separate RECORD were hand written by each group of the United States Armed Services by an- but equal doctrine of Plessy v. Ferguson; and the seven and eight year olds in the class. I nouncing the new ‘‘policy of the President that 6. 1956—Browder v. Gayle, which outlawed regret that I cannot include the wonderful art- there shall be equality of treatment and oppor- the practice of racial segregation on buses work each student drew at the top of their tunity for all persons in the armed services and led to the end of the Montgomery Bus notes. They drew American Flags, airplanes, without regard to race, color, religion or na- Boycott. hearts, houses, bowling alleys, and some pret- tional origin,’’ and that this policy be put into Mr. Speaker, as Chair for the Congressional ty good drawings of our new president. effect as rapidly as possible. Children’s Caucus, I am especially concerned Please enjoy the wisdom and advice of Mr. Speaker, the NAACP was perhaps the with fair access to quality education for today’s these students, in their own words. leading member of the ‘‘Big Six’’—the coalition youth and am personally grateful to the DEAR MR. PRESIDENT TRUMP of religious, labor and civil rights organizations NAACP for its leadership in winning the great- DEAR MR. PRESIDENT: I watched you be- that organized and staged on August 28, 1963 est legal victory for civil rights in American his- come President. You have a beautiful wife. the historic March on Washington, the most tory, the 1954 landmark decision in Brown v. My teacher loved her blue dress. What does famous act of peaceful protest in our nation’s Board of Education, 347 U.S. 483 (1954), in it look like in the White House? Is it beau- tiful? If I was President I would fix cancer. history. which the Supreme Court struck down de jure Love, LILLIAN ASAY. Other members of the Big Six were the segregation in elementary schools. DEAR MR. PRESIDENT: My class watched Southern Christian Leadership Conference NAACP General Counsel Thurgood Mar- your speech last week. When I watched your (SCLC); the National Urban League; Student shall, who would later become the first African speech one man did not like what you said. Nonviolent Coordinating Committee (SNCC); American Solicitor General and Associate Jus- I still love you. Oh!’ Your family is so sweet. the International Brotherhood of Sleeping Car tice of the Supreme Court, forcefully argued Love, VENELEA DUNCAN.

VerDate Sep 11 2014 05:30 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A15FE8.037 E15FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E206 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2017 DEAR MR. PRESIDENT: I am glad you are DEAR MR. PRESIDENT: I like your job. Is SENATE COMMITTEE MEETINGS President. I like you. I know you are nice be- your job hard? If I were President I would Title IV of Senate Resolution 4, cause you are always smiling. I like you. change the law of no smoking. Your family Love, RAYHNE BOWMAN. looks like they are nice. agreed to by the Senate of February 4, DEAR MR. PRESIDENT: I know that you will Love, JORDAN HELLWEG. 1977, calls for establishment of a sys- tem for a computerized schedule of all be the best President ever. You are very very DEAR MR. PRESIDENT: We watched your in- smart because you know a lot of math prob- auguration speech. Do you like Hillary Clin- meetings and hearings of Senate com- lems. You are brave to tell the law. ton? You are the best President in the world mittees, subcommittees, joint commit- Love, ANTHONY BOVIS. because you will make good laws. tees, and committees of conference. DEAR MR. PRESIDENT: My class would like Love, GRIFFEN MANGELSEN. This title requires all such committees it if you came to Eagle Heights. The kids in DEAR MR. PRESIDENT: You always look to notify the Office of the Senate Daily my class are smart. My teacher loved the really good on TV. You should come visit our dress your wife was wearing. I like that you Digest—designated by the Rules Com- school because Hillary Clinton came and you always smile. Is Air Force One loud? mittee—of the time, place and purpose should too. Love, PAYTON EGGERS. of the meetings, when scheduled and Love, EMMA RODRIGUEZ. DEAR PRESIDENT TRUMP: What is it like any cancellations or changes in the being President? You should come to our DEAR MR. PRESIDENT: Congratulations on meetings as they occur. class. We have very good kids. You are very being our new President. Do you like your As an additional procedure along nice. If I was President I would say no smok- new home at the White House? with the computerization of this infor- ing. DONOVAN MATOS. mation, the Office of the Senate Daily Love, NOAH SEXTON. ADVICE FOR OUR PRESIDENT Digest will prepare this information for DEAR MR. PRESIDENT: I know you will Buy your wife lots of pretty dresses so she printing in the Extensions of Remarks make a great President. Do you like your looks good on TV.—JUSTIN WELCH. job? If I was President I would help the section of the CONGRESSIONAL RECORD United States. I hope you make friends. Even if people are mean to you, keep being on Monday and Wednesday of each yourself.—VENELEA DUNCAN. Love, JAMES BLOOMQUIST. week. DEAR MR. PRESIDENT: My class wants you Keep the Secret Service with you at all Meetings scheduled for Thursday, to come to Eagle Heights. I liked your times to keep you safe.—NOAH SEXTON. February 16, 2017 may be found in the speech. Do you like being President so far? If Ask if you can take a tour of the White Daily Digest of today’s RECORD. I was President I would help sick people. House so that you know where you will be JAKOB GEESTMAN. living. There is a bowling alley and a movie MEETINGS SCHEDULED DEAR PRESIDENT TRUMP: How hard is it to theater there you will like.—LILLIAN ASAY. FEBRUARY 28 be President? Good job on being President. If Don’t run away from the Secret Service. 2 p.m. I were President I would make more laws be- They are fast and everywhere.—EMERSEN Committee on Veterans’ Affairs cause I would make the world a better place. JENSEN. Love, COOPER BELITZ. To hold a joint hearing with the House Don’t give up and always remember to DEAR PRESIDENT TRUMP: I really like how Committee on Veterans’ Affairs to ex- smile.—DANIEL SCHEMERS. you smile in your pictures. How big is your amine the legislative presentation of family? I watched your inauguration with Make sure your son brushes his hair every- the Disabled American Veterans. my class. day so he looks good on TV.—JACOB NASH. SD–G50 Love, JUSTIS WELCH. If someone makes a mean or mad face at DEAR PRESIDENT TRUMP: We watched your you just ignore them.—DARREN SCHEMERS. MARCH 1 inauguration together in our class. I’m If someone makes a face at you keep stand- 10 a.m. Committee on Veterans’ Affairs happy that you were running for President. ing tall.—PAYTON EGGERS. Good job for running for President. I can tell To hold a joint hearing with the House that you are nice because you always smile. Make sure you are always smiling when Committee on Veterans’ Affairs to ex- Love, DARREN SCHEMERS. you are on TV or giving a speech.—JHARIA amine the legislative presentation of KNOX. DEAR PRESIDENT TRUMP: I watched your The American Legion. speech last week. I like your speeches. How I think that good advice is to make school SD–G50 fast is Air Force One? If I were President I break longer because then more families 2 p.m. would say no drugs because it is bad for you. have more time with their kids.—GRACE Committee on Veterans’ Affairs Love, JACOB NASH. STEWART. To hold a joint hearing with the House DEAR MR. PRESIDENT: How late did the in- Make your family do chores each day even Committee on Veterans’ Affairs to ex- auguration go? I know you’re going to be a though you have help.—JAKOB GEESTMAN. amine the legislative presentation of great President. If I were President I would the Veterans of Foreign Wars of the When you fly on Air Force One always United States. make school break longer. I watched you on wear your seatbelt.—JAYDA SKIFF. TV and I thought you did good. SD–G50 Love, ANDREA STEWART. If you have some money left you should do- nate it to people who are poor.—RAYHNE MARCH 8 DEAR PRESIDENT TRUMP: We watched the BOWMAN. inauguration in my class. You write good 10 a.m. signatures! How do you start to be Presi- Do your best at work or you might get in Committee on Commerce, Science, and dent? If I were President the law would be no trouble.—COPPER BELITZ. Transportation saying bad words in school. If you have extra time, go have fun! Play To hold an oversight hearing to examine Love, DANIEL SCHEMERS. in your bowling alley.—JORDAN HELLWEG. the Federal Communications Commis- sion. DEAR PRESIDENT TRUMP: I watched your in- Make sure you use the tennis court and SH–216 auguration. I think you are going to be an your gym. Let the Secret Service come with excellent President. How do you think you you to protect you. They could work out MARCH 9 are going to do? If I were President I would too.—GRIFFEN MANGELSEN. get rid of all the guns except for cops. 10 a.m. If I were President and I couldn’t fall Love, JHARIA KNOX. Committee on Veterans’ Affairs asleep I would get a drink and a snack and DEAR MR. PRESIDENT: I watched your inau- To hold a joint hearing with the House do some work or read a book.—STEPHANNIE guration last week. You are a really good Committee on Veterans’ Affairs to ex- ROLLINS. President. Do you always smile? I know you amine the legislative presentation of are smart because you became President. Always wear a red, white, or blue tie when multiple veterans service organiza- Love, JAYDA SKIFF. you are on TV.—EMMA RODRIGUEZ. tions. DEAR MR. PRESIDENT: Great job for becom- If someone bothers you, tell the Secret SD–G50 ing President! I hope you like being Presi- Service.—DONOVAN MATOS. dent! Do you like being in the White House? Make sure you remember to spend time MARCH 22 Presidents are good, so be good! with your family.—ANTHONY BOVIS. 10 a.m. Love, EMERSEN JENSEN. Have the White House chef cook your fa- Committee on Veterans’ Affairs DEAR MR. PRESIDENT: On Friday my class To hold a joint hearing with the House vorite meal.—TYCE RICHARDSON. and I watched your inauguration. What was Committee on Veterans’ Affairs to ex- it like in New York? I like your tie. If I were Always wear a red, white, or blue tie to amine the legislative presentation of President, I would probably make up a new stand for our country.—JAMES BLOOMQUIST. multiple veterans service organiza- fun world like in the book Frindle. Take good care of our country.—JAMES tions. Love, STEPHANIE ROLLINS. BLOOMQUIST. SD–G50

VerDate Sep 11 2014 05:30 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A15FE8.038 E15FEPT1 smartinez on DSK3GLQ082PROD with REMARKS Wednesday, February 15, 2017 Daily Digest Senate Chamber Action Messages from the House: Page S1217 Additional Cosponsors: Pages S1218–19 Routine Proceedings, pages S1165–S1221 Statements on Introduced Bills/Resolutions: Measures Introduced: Twenty-six bills and two Pages S1219–21 resolutions were introduced, as follows: S. 379–404, S.J. Res. 22, and S. Res. 61. Pages S1217–18 Additional Statements: Page S1217 Measures Passed: Authorities for Committees to Meet: Page S1221 Social Security Administration Rule Relating to Privileges of the Floor: Page S1221 Implementation of the NICS Improvement Amend- Record Votes: Two record votes were taken today. ments Act: By 57 yeas to 43 nays (Vote No. 66), (Total—67) Pages S1169, S1170 Senate passed H.J. Res. 40, providing for congres- Adjournment: Senate convened at 10 a.m. and ad- sional disapproval under chapter 8 of title 5, United journed at 9:16 p.m., until 10 a.m. on Thursday, States Code, of the rule submitted by the Social Se- February 16, 2017. (For Senate’s program, see the re- curity Administration relating to Implementation of marks of the Acting Majority Leader in today’s the NICS Improvement Amendments Act of 2007. Record on page S1210.) Pages S1167–69 Mulvaney Nomination—Agreement: Senate re- Committee Meetings sumed consideration of the nomination of Mick Mulvaney, of South Carolina, to be Director of the (Committees not listed did not meet) Office of Management and Budget. MENTAL HEALTH CARE Pages S1170–75, S1175–S1216 During consideration of this nomination today, Committee on Appropriations: Subcommittee on Depart- Senate also took the following action: ments of Labor, Health and Human Services, and By 52 yeas to 48 nays (Vote No. 67), Senate Education, and Related Agencies concluded a hear- agreed to the motion to close further debate on the ing to examine mental health care, focusing on ex- nomination. Pages S1169–70 amining treatments and services, after receiving tes- A unanimous-consent agreement was reached pro- timony from Joseph Parks, University of Missouri, viding for further consideration of the nomination at St. Louis; David M. Johnson, Navos, Seattle, Wash- approximately 10 a.m., on Thursday, February 16, ington; Dennis Freeman, Cherokee Health Systems, 2017, under the previous order. Page S1202 Knoxville, Tennessee; and Donald W. De Lucca, International Association of Chiefs of Police, Doral, Mulvaney/Pruitt Nominations—Agreement: A Florida. unanimous-consent-time agreement was reached pro- viding that following Leader remarks on Thursday, ANTI-ACCESS AREA DENIAL CHALLENGES February 16, 2017, there be 10 minutes of debate, IN EUROPE equally divided, prior to a vote on confirmation of Committee on Armed Services: Subcommittee on Emerg- the nomination of Mick Mulvaney, of South Caro- ing Threats and Capabilities received a closed brief- lina, to be Director of the Office of Management and ing on Anti-Access Area Denial challenges in Europe Budget; followed by up to 10 minutes of debate, from Lieutenant Colonel Andrew S. Shobe, USAF, equally divided, prior to a vote on the motion to in- Deliberate Plans Division, and Major Roderick V. voke cloture on the nomination of Scott Pruitt, of James, USAF, Chief of Weapons and Tactics, both Oklahoma, to be Administrator of the Environ- of Air Forces in Europe, and Lieutenant Colonel mental Protection Agency, and if cloture is invoked, Keven P. Coyle, USAF, Future Operations Division, post-cloture time be counted as if invoked at 7 a.m., European Command, all of the Department of De- on Thursday, February 16, 2017. Page S1202 fense. D160

VerDate Sep 11 2014 05:31 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE7.REC D15FEPT1 smartinez on DSK3GLQ082PROD with DIGEST February 15, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D161 BUSINESS MEETING Michigan, on behalf of the American Chemistry Committee on Commerce, Science, and Transportation: Council; and Wick Moorman, Amtrak, Washington, Committee announced the following subcommittee D.C. assignments: ENDANGERED SPECIES ACT Subcommittee on Aviation Operations, Safety, and Secu- Committee on Environment and Public Works: rity: Com- Senators Blunt (Chair), Wicker, Cruz, Fischer, mittee concluded an oversight hearing to examine Moran, Sullivan, Heller, Inhofe, Lee, Capito, Gard- modernization of the Endangered Species Act, after ner, Young, Cantwell, Klobuchar, Blumenthal, receiving testimony from Wyoming Governor Dave Schatz, Markey, Booker, Udall, Peters, Baldwin, Freudenthal, Cheyenne; Gordon Myers, North Caro- Duckworth, and Hassan. Subcommittee on Communications, Technology, Innova- lina Wildlife Resources Commission Executive Di- tion, and the Internet: rector, Raleigh, on behalf of the Southeast Associa- Senators Wicker (Chair), Blunt, tion of Fish and Wildlife Agencies; James Holte, Cruz, Fischer, Moran, Sullivan, Heller, Inhofe, Lee, Wisconsin Farm Bureau, Madison; Jamie Rappaport Johnson, Capito, Gardner, Young, Schatz, Cantwell, Clark, Defenders of Wildlife, Washington, D.C.; and Klobuchar, Blumenthal, Markey, Booker, Udall, Dan Ashe, Association of Zoos and Aquariums, Sil- Peters, Baldwin, Duckworth, Hassan, and Cortez ver Spring, Maryland. Masto. Subcommittee on Consumer Protection, Product Safety, ENDING MODERN SLAVERY Insurance, and Data Security: Senators Moran (Chair), Committee on Foreign Relations: Committee concluded Blunt, Cruz, Fischer, Heller, Inhofe, Lee, Capito, a hearing to examine ending modern slavery, focus- Young, Blumenthal, Klobuchar, Markey, Booker, ing on building on success, after receiving testimony Udall, Duckworth, Hassan, and Cortez Masto. from Ashton Kutcher, Thorn, Los Angeles, Cali- Subcommittee on Oceans, Atmosphere, Fisheries, and fornia; and Elisa Massimino, Human Rights First, Coast Guard: Senators Sullivan (Chair), Wicker, Washington, D.C. Fischer, Inhofe, Lee, Johnson, Gardner, Young, Peters, Cantwell, Blumenthal, Schatz, Markey, Book- GOVERNMENT OPERATIONS er, and Baldwin. Committee on Homeland Security and Governmental Af- Subcommittee on Space, Science, and Competitiveness: fairs: Committee concluded a hearing to examine Senators Cruz (Chair), Moran, Sullivan, Lee, Johnson, government operations susceptible to waste, fraud, Capito, Gardner, Markey, Schatz, Udall, Peters, and mismanagement, after receiving testimony from Baldwin, and Hassan. Gene L. Dodaro, Comptroller General of the United Subcommittee on Surface Transportation and Merchant States, Government Accountability Office; John H. Marine Infrastructure, Safety and Security: Senators Thompson, Director, Census Bureau, Department of Fischer (Chair), Wicker, Blunt, Heller, Inhofe, John- Commerce; Michael J. Missal, Inspector General, De- son, Capito, Gardner, Young, Booker, Cantwell, partment of Veterans Affairs; and John Roth, Inspec- Klobuchar, Blumenthal, Udall, Baldwin, Duckworth, tor General, Department of Homeland Security. and Hassan. Senators Thune and Nelson are ex officio members of FINANCIAL FRAUD AFFECTING SENIORS each subcommittee. Special Committee on Aging: Committee concluded a hearing to examine stopping senior scams, focusing MULTIMODAL TRANSPORTATION SYSTEM on developments in financial fraud affecting seniors, Committee on Commerce, Science, and Transportation: Sub- after receiving testimony from Timothy P. Camus, committee on Surface Transportation and Merchant Deputy Inspector General for Investigations, Treas- Marine Infrastructure, Safety and Security concluded ury Inspector General for Tax Administration, De- a hearing to examine stakeholder perspectives on our partment of the Treasury; Lois Greisman, Associate multimodal transportation system, after receiving Director of the Division of Marketing Practices, Bu- testimony from Matthew K. Rose, BNSF Railway reau of Consumer Protection, Federal Trade Commis- Company, Fort Worth, Texas; Christopher Lofgren, sion; Diane A. Menio, Center for Advocacy for the Schneider National, Inc., Green Bay, Wisconsin; Rights and Interests of the Elderly, Philadelphia, Tom Gurd, The Dow Chemical Company, Midland, Pennsylvania; and Philip Hatch, Portland, Maine.

VerDate Sep 11 2014 05:31 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE7.REC D15FEPT1 smartinez on DSK3GLQ082PROD with DIGEST D162 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2017 House of Representatives established by qualified State political subdivi- Chamber Action sions for non-governmental employees: The Public Bills and Resolutions Introduced: 42 pub- House passed H.J. Res. 67, disapproving the rule lic bills, H.R. 1059–1100; and 9 resolutions, H.J. submitted by the Department of Labor relating to Res. 74–75; H. Con. Res. 25–27; and H. Res. savings arrangements established by qualified State 127–130 were introduced. Pages H1242–44 political subdivisions for non-governmental employ- Additional Cosponsors: Pages H1245–46 ees, by a yea-and-nay vote of 234 yeas to 191 nays, Roll No. 95. Pages H1218–21, H1221 Reports Filed: There were no reports filed today. H. Res. 116, the rule providing for consideration Speaker: Read a letter from the Speaker wherein he of the joint resolutions (H.J. Res. 66) and (H.J. Res. appointed Representative Rogers (KY) to act as 67) was agreed to yesterday, February 14th. Speaker pro tempore for today. Page H1187 Disapproving the rule submitted by the Depart- Recess: The House recessed at 10:30 a.m. and re- ment of Labor relating to savings arrangements convened at 12 noon. Page H1190 established by States for non-governmental em- Providing for congressional disapproval under ployees: The House passed H.J. Res. 66, dis- chapter 8 of title 5, United States Code, of the approving the rule submitted by the Department of final rule submitted by Secretary of Health and Labor relating to savings arrangements established Human Services relating to compliance with title by States for non-governmental employees, by a yea- X requirements by project recipients in selecting and-nay vote of 231 yeas to 193 nays, Roll No. 96. subrecipients and Providing for congressional Pages H1206–17, H1221–22 disapproval under chapter 8 of title 5, United H. Res. 116, the rule providing for consideration States Code, of the final rule of the Department of the joint resolutions (H.J. Res. 66) and (H.J. Res. of the Interior relating to ‘‘Non-Subsistence 67) was agreed to yesterday, February 14th. Take of Wildlife, and Public Participation and Disapproving the rule submitted by the Depart- Closure Procedures, on National Wildlife Ref- ment of Labor relating to drug testing of unem- uges in Alaska’’—Rule for Consideration: The ployment compensation applicants: The House House agreed to H. Res. 123, providing for consid- passed H.J. Res. 42, disapproving the rule submitted eration of the joint resolution (H.J. Res. 43) pro- by the Department of Labor relating to drug testing viding for congressional disapproval under chapter 8 of unemployment compensation applicants, by a yea- of title 5, United States Code, of the final rule sub- and-nay vote of 236 yeas to 189 nays, Roll No. 97. mitted by Secretary of Health and Human Services Pages H1200–06, H1222–23 relating to compliance with title X requirements by H. Res. 99, the rule providing for consideration project recipients in selecting subrecipients; pro- of the bill (H.R. 428) and the joint resolution (H.J. viding for consideration of the joint resolution (H.J. Res. 42) was agreed to yesterday, February 14th. Res. 69) providing for congressional disapproval House Commission on Congressional Mailing under chapter 8 of title 5, United States Code, of Standards—Appointment: The Chair announced the final rule of the Department of the Interior relat- the Speaker’s appointment of the following Members ing to ‘‘Non-Subsistence Take of Wildlife, and Pub- to the House Commission on Congressional Mailing lic Participation and Closure Procedures, on National Standards: Representatives Davis (CA), Sherman, and Wildlife Refuges in Alaska’’, by a yea-and-nay vote McEachin. Page H1223 of 233 yeas to 188 nays, Roll No. 94, after the pre- British-American Interparliamentary Group— vious question was ordered by a yea-and-nay vote of Appointment: The Chair announced the Speaker’s 233 yeas to 190 nays, Roll No. 93. appointment of the following Member on the part of Pages H1193–H1200 the House to the British-American Interparliamen- Committee Elections: The House agreed to H. Res. tary Group: Representative Rodney Davis (IL). 127, electing Members to certain standing commit- Pages H1224–25 tees of the House of Representatives. Page H1200 Senate Messages: Messages received from the Senate Recess: The House recessed at 3:54 p.m. and recon- by the Clerk and subsequently presented to the vened at 4:30 p.m. Page H1221 House today appear on pages H1192 and H1223. Disapproving the rule submitted by the Depart- Quorum Calls—Votes: Five yea-and-nay votes de- ment of Labor relating to savings arrangements veloped during the proceedings of today and appear

VerDate Sep 11 2014 05:31 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE7.REC D15FEPT1 smartinez on DSK3GLQ082PROD with DIGEST February 15, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D163 on pages H1199, H1199–H1200, H1221, H1222, MONETARY POLICY AND THE STATE OF and H1222–23. There were no quorum calls. THE ECONOMY Adjournment: The House met at 10 a.m. and ad- Committee on Financial Services: Full Committee held journed at 8:19 p.m. a hearing entitled ‘‘Monetary Policy and the State of the Economy’’. Testimony was heard from Janet Committee Meetings Yellen, Chair of the Board of Governors, Federal Re- serve System. RURAL ECONOMIC OUTLOOK: SETTING THE STAGE FOR THE NEXT FARM BILL COMMITTEE FUNDING FOR THE 115TH Committee on Agriculture: Full Committee held a hear- CONGRESS ing entitled ‘‘Rural Economic Outlook: Setting the Committee on House Administration: Full Committee Stage for the Next Farm Bill’’. Testimony was heard began a hearing on committee funding for the 115th from Robert Johansson, Chief Economist, Depart- Congress. Testimony was heard from Chairman ment of Agriculture; and public witnesses. Bishop of Utah, Chairman Walden, Chairman Royce, Chairman McCaul, Chairman Nunes, Chairman Con- OVERSIGHT OF THE USDA OFFICE OF INSPECTOR GENERAL away, Chairman Sessions, Chairman Chabot, Chair- man Brooks of Indiana, Chairman Foxx, Chairman Committee on Appropriations: Subcommittee on Agri- Brady of Texas, Chairman Shuster, and Representa- culture, Rural Development, Food and Drug Admin- tives Grijalva, Pallone, Engel, Thompson of Mis- istration, and Related Agencies held an oversight sissippi, Schiff, Peterson, Slaughter, Vela´zquez, hearing on the USDA Office of Inspector General. Deutch, Scott of Virginia, Neal, and DeFazio. Testimony was heard from the following officials from the Office of the Inspector General of the De- MISCELLANEOUS MEASURES partment of Agriculture: Phyllis K. Fong, Inspector General; Gil H. Harden, Assistant Inspector General Committee on the Judiciary: Full Committee held a for Audit; and Ann Coffey, Assistant Inspector Gen- markup on the committee’s Authorization and Over- eral for Investigations. sight Plan for the 115th Congress; H.R. 985, the ‘‘Fairness in Class Action Litigation Act of 2017’’; PROVIDING VULNERABLE YOUTH THE and H.R. 906, the ‘‘Furthering Asbestos Claim HOPE OF A BRIGHTER FUTURE THROUGH Transparency Act of 2017’’. The committee adopted JUVENILE JUSTICE REFORM its Authorization and Oversight Plan for the 115th Committee on Education and the Workforce: Sub- Congress. H.R. 906 and H.R. 985 were ordered re- committee on Early Childhood, Elementary, and Sec- ported, without amendment. ondary Education held a hearing entitled ‘‘Providing Vulnerable Youth the Hope of a Brighter Future GAO’S 2017 HIGH RISK REPORT: 34 Through Juvenile Justice Reform’’. Testimony was PROGRAMS IN PERIL heard from Meg Williams, Manager, Office of Adult Committee on Oversight and Government Reform: Full and Juvenile Justice Assistance, Division of Criminal Committee held a hearing entitled ‘‘GAO’s 2017 Justice, Colorado Department of Public Safety; Pat- High Risk Report: 34 Programs in Peril’’. Testi- rick J. Flannelly, Chief of Police, Lafayette Police mony was heard from Gene L. Dodaro, Comptroller Department, Lafayette, Indiana; Denise Navarre General, Government Accountability Office. Cubbon, Judge, Lucas County Juvenile Division, Lucas County, Ohio; and a public witness. EXAMINING FEDERAL PROGRAMS THAT MODERNIZING ENERGY AND ELECTRICITY SERVE TRIBES AND THEIR MEMBERS DELIVERY SYSTEMS: CHALLENGES AND Committee on Oversight and Government Reform: Sub- OPPORTUNITIES TO PROMOTE committee on the Interior, Energy and Environment INFRASTRUCTURE IMPROVEMENT AND held a hearing entitled ‘‘Examining Federal Pro- EXPANSION grams that Serve Tribes and Their Members’’. Testi- Committee on Energy and Commerce: Subcommittee on mony was heard from Frank Rusco, Director, Nat- Energy held a hearing entitled ‘‘Modernizing Energy ural Resources and Environment, Energy and Science and Electricity Delivery Systems: Challenges and Issues, Government Accountability Office; Mary Opportunities to Promote Infrastructure Improve- Kendall, Deputy Inspector General, Office of Inspec- ment and Expansion’’. Testimony was heard from tor General, Department of Interior; and a public public witnesses. witness.

VerDate Sep 11 2014 05:31 Feb 16, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE7.REC D15FEPT1 smartinez on DSK3GLQ082PROD with DIGEST D164 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2017 RISKY BUSINESS: THE DOE LOAN COMMITTEE MEETINGS FOR THURSDAY, GUARANTEE PROGRAM FEBRUARY 16, 2017 Committee on Science, Space, and Technology: Sub- (Committee meetings are open unless otherwise indicated) committee on Energy; and Subcommittee on Over- sight, held a joint hearing entitled ‘‘Risky Business: Senate The DOE Loan Guarantee Program’’. Testimony was Committee on Armed Services: to hold hearings to examine heard from public witnesses. reshaping the United States military, 9:30 a.m., SD–G50. Committee on Commerce, Science, and Transportation: Sub- START-UPS STALLING? THE TAX CODE AS committee on Aviation Operations, Safety, and Security, A BARRIER TO ENTREPRENEURSHIP to hold hearings to examine stakeholder perspectives on Committee on Small Business: Full Committee held a improving the Transportation Security Administration for hearing entitled ‘‘Start-ups Stalling? The Tax Code the security of the traveling public, 10:30 a.m., SR–253. as a Barrier to Entrepreneurship’’. Testimony was Committee on Finance: to hold hearings to examine the heard from public witnesses. nomination of Seema Verma, of Indiana, to be Adminis- trator of the Centers for Medicare and Medicaid Services, BUILDING A 21ST CENTURY Department of Health and Human Services, 10 a.m., INFRASTRUCTURE FOR AMERICA: STATE SD–215. OF AMERICAN AVIATION Committee on Foreign Relations: to hold hearings to exam- MANUFACTURING ine the nomination of David Friedman, of New York, to be Ambassador to Israel, Department of State, 10:30 Committee on Transportation and Infrastructure: Sub- a.m., SD–419. committee on Aviation held a hearing entitled Subcommittee on Western Hemisphere, Transnational ‘‘Building a 21st Century Infrastructure for America: Crime, Civilian Security, Democracy, Human Rights, and State of American Aviation Manufacturing’’. Testi- Global Women’s Issues, to hold hearings to examine de- mony was heard from Peggy Gilligan, Associate Ad- mocracy and human rights, focusing on the case for ministrator for Aviation Safety, Federal Aviation Ad- United States leadership, 2:45 p.m., SD–419. ministration; and public witnesses. Committee on Rules and Administration: organizational business meeting to consider committee rules, an original MISCELLANEOUS MEASURE resolution authorizing expenditures by the Committee Committee on Veterans’ Affairs: Full Committee held a during the 115th Congress, and the omnibus budget res- markup on a resolution to assign Congressman olution for Senate Committees, 10 a.m., SR–301. Sablan, Congresswoman Esty, and Congressman Select Committee on Intelligence: to hold closed hearings to Peters to subcommittees and a resolution designating examine certain intelligence matters, 2 p.m., SH–219. Congresswoman Esty as the ranking member of a House subcommittee. The committee adopted both resolu- tions. Committee on Agriculture, Full Committee, markup on the ‘‘Pesticide Registration Enhancement Act of 2017’’; THE GEOGRAPHY OF POVERTY and H.R. 953, the ‘‘Reducing Regulatory Burdens Act of 2017’’; hearing entitled ‘‘Pros and Cons of Restricting Committee on Ways and Means: Subcommittee on SNAP Purchases’’, 10 a.m., 1300 Longworth. Human Resources held a hearing entitled ‘‘The Ge- Committee on Appropriations, Subcommittee on Military ography of Poverty’’. Testimony was heard from Construction, Veterans Affairs, and Related Agencies, public witnesses. hearing entitled ‘‘Members’ Day’’, 9:30 a.m., HT–2 Cap- itol. Committee on Armed Services, Subcommittee on Tactical Joint Meetings Air and Land Forces, hearing entitled ‘‘Military Services No joint committee meetings were held. 5th Generation Tactical Aircraft Challenges and F–35 f Joint Strike Fighter Program Update’’, 9 a.m., 2212 Ray- burn. NEW PUBLIC LAWS Committee on Education and the Workforce, Subcommittee on Workforce Protections, hearing entitled ‘‘Federal (For last listing of Public Laws, see DAILY DIGEST, p. D99) Wage and Hour Policies in the Twenty-First Century H.J. Res. 41, providing for congressional dis- Economy’’, 10 a.m., 2175 Rayburn. approval under chapter 8 of title 5, United States Committee on Energy and Commerce, Subcommittee on En- Code, of a rule submitted by the Securities and Ex- vironment, hearing entitled ‘‘Modernizing Environmental change Commission relating to ‘‘Disclosure of Pay- Laws: Challenges and Opportunities for Expanding Infra- ments by Resource Extraction Issuers’’. Signed on structure and Promoting Development and Manufac- February 14, 2017. (Public Law 115–4) turing’’, 10 a.m., 2123 Rayburn.

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Committee on Financial Services, Subcommittee on Hous- 372, the ‘‘Competitive Health Insurance Reform Act of ing and Insurance, hearing entitled ‘‘Assessing the 2017’’, 10 a.m., 2141 Rayburn. U.S.–EU Covered Agreement’’, 10 a.m., 2128 Rayburn. Subcommittee on the Constitution and Civil Justice, Committee on Foreign Affairs, Full Committee, hearing hearing entitled ‘‘The State of Religious Liberty in Amer- entitled ‘‘Iran on Notice’’, 10 a.m., 2172 Rayburn. ica’’, 1 p.m., 2141 Rayburn. Committee on Homeland Security, Subcommittee on Bor- Committee on Science, Space, and Technology, Full Com- der and Maritime Security, hearing entitled ‘‘A Dan- mittee, hearing entitled ‘‘NASA: Past, Present, and Fu- gerous and Sophisticated Adversary: The Threat to the ture’’, 10 a.m., 2318 Rayburn. Homeland Posed by Cartel Operations’’, 10 a.m., Committee on Small Business, Subcommittee on Economic HVC–210. Growth, Tax and Capital Access, hearing entitled ‘‘State Subcommittee on Oversight and Management Effi- of the Small Business Economy’’, 11 a.m., 2360 Rayburn. ciency, hearing entitled ‘‘Watchdog Recommendations: A Committee on Veterans’ Affairs, Subcommittee on Eco- Better Way Ahead to Manage the Department of Home- land Security’’, 2 p.m., HVC–210. nomic Opportunity; and Subcommittee on Government Committee on House Administration, Full Committee, Operations of the House Committee on Oversight and hearing on committee funding for the 115th Congress Government Reform, hearing entitled ‘‘The Use of Offi- (continued), 10:45 a.m., 1310 Longworth. cial Time for Union Activities at the Department of Vet- Committee on the Judiciary, Subcommittee on Regulatory erans Affairs’’, 12:30 p.m., 2154 Rayburn. Reform, Commercial and Antitrust Law, hearing on H.R.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, February 16 10 a.m., Thursday, February 16

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.J. Res. 69— ation of the nomination of Mick Mulvaney, of South Providing for congressional disapproval under chapter 8 Carolina, to be Director of the Office of Management and of title 5, United States Code, of the final rule of the De- Budget, with a vote on confirmation of the nomination, partment of the Interior relating to ‘‘Non-Subsistence to be followed by a vote on the motion to invoke cloture Take of Wildlife, and Public Participation and Closure on the nomination of Scott Pruitt, of Oklahoma, to be Procedures, on National Wildlife Refuges in Alaska’’. Administrator of the Environmental Protection Agency. Consideration of H.J. Res. 43—Providing for congres- sional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting subrecipients.

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, Debbie, Mich., E201 Pocan, Mark, Wisc., E199 Ellison, Keith, Minn., E198 Roe, David P., Tenn., E204 Beatty, Joyce, Ohio, E199 Gibbs, Bob, Ohio, E197, E203 Roybal-Allard, Lucille, Calif., E199 Blackburn, Marsha, Tenn., E198 Huizenga, Bill, Mich., E203 Upton, Fred, Mich., E199 Buck, Ken, Colo., E197, E198, E201, E202, E203, E204 Jackson Lee, Sheila, Tex., E197, E200, E203, E204 Vargas, Juan, Calif., E199, E202 Cartwright, Matt, Pa., E198 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E202 Visclosky, Peter J., Ind., E197 Cohen, Steve, Tenn., E201 Kelly, Trent, Miss., E197, E198, E200, E202, E203 Walz, Timothy J., Minn., E197 Collins, Doug, Ga., E200 Marchant, Kenny, Tex., E201 Wilson, Joe, S.C., E204 Davis, Danny K., Ill., E204 Moore, Gwen, Wisc., E200, E203 Young, David, Iowa, E205

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