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, JANUARY 4, 2017 No. 2 House of Representatives The House met at 10 a.m. and was acted on, for decades. Time and time all live, the most unfair tax facing called to order by the Speaker pro tem- again, from Congress to Congress, law- many Americans is inheritance tax. pore (Mr. THOMPSON of Pennsylvania). makers come down to this floor to talk The death tax, as it is more commonly f about the need for tax reform. referred to, is a form of double taxation As a current small business owner for that can take a generation’s worth of DESIGNATION OF SPEAKER PRO all of my working life, I understand sweat equity and hard work and de- TEMPORE what is killing small businesses first- stroy it if a family business, for exam- The SPEAKER pro tempore laid be- hand. Since I came to Congress, I have ple, is passed down to a next of kin. fore the House the following commu- been outspoken on the need to reform That is what nearly happened to me nication from the Speaker: our Tax Code, and I have a proposal to after the death of my parents. Fortu- WASHINGTON, DC, make it happen. My tax reform plan nately for me, I was able to gather the January 4, 2017. will simplify our Tax Code. It will give resources to keep my father’s business I hereby appoint the Honorable GLENN job creators the tools they need to suc- afloat. Many of my friends have not THOMPSON to act as Speaker pro tempore on ceed and empower America’s greatest been so lucky. this day. asset—the American worker. My tax We cannot force owners and opera- PAUL D. RYAN, reform plan will do exactly what its tors to sell off parts of a business just Speaker of the House of Representatives. name says it will do—jump-start Amer- so the Federal Government can collect f ica. a few extra dollars equal to less than 1 MORNING-HOUR DEBATE Today, the Internal Revenue Code is percent of Federal revenue. Especially often called complicated, uncompeti- considering our government is running The SPEAKER pro tempore. Pursu- tive, and unfair; and rightfully so. Ac- a huge deficit and a $20 trillion na- ant to the order of the House of Janu- cording to the Tax Foundation, Federal tional debt, I would argue that the pri- ary 3, 2017, the Chair will now recog- tax laws and regulations have grown to vate sector is a much better steward of nize Members from lists submitted by more than 10 million words in length. budgeting, investing, and creating re- the majority and minority leaders for Imagine how much easier tax season turn on investment than the Federal morning-hour debate. would be for all of us if we shrank our Government. That is why Jump-Start The Chair will alternate recognition individual income tax thresholds to America will repeal the death tax once between the parties, with each party two brackets. What if our Tax Code ac- and for all. limited to 1 hour and each Member tually put American taxpayers first, in These are a few of the notable re- other than the majority and minority other words, treated us like a cus- forms of Jump-Start America that I leaders and the minority whip limited tomer? talk about on the road in Texas and na- to 5 minutes, but in no event shall de- The United States has the highest tionwide. Jump-Start America has bate continue beyond 11:50 a.m. corporate tax rate in the free world. gained the support of Americans for f Sure, deductions, exclusions, and tax Tax Reform and former Congressional credits occasionally lower that rate, Budget Office Director Douglas Holtz- JUMP-START AMERICA but these add further to the Tax Code’s Eakin. It was called ‘‘a good plan’’ by The SPEAKER pro tempore. The complexity, and they allow carve-outs the Cato Institute. Chair recognizes the gentleman from for special interests. As a small business owner, I can tell Texas (Mr. WILLIAMS) for 5 minutes. To those who believe our corporate you my plan will put people back to Mr. WILLIAMS. Mr. Speaker, last tax rate is okay the way it is, I ask you work, encourage business and individ- November, the American people spoke to consider why American companies uals to spend money they didn’t have loud and clear about wanting real are moving their headquarters over- before, and grow the economy. It is a change in Washington. The American seas. In order to incentivize these com- thing called the American Dream. people want Washington to work for panies to return their investments in While Jump-Start America is a small them—no more empty promises and no expansion and employment back home business perspective on tax reform, it more talk. in America, my plan will implement a will benefit every American individ- Mr. Speaker, the American people permanent tax holiday to allow repa- ually and our Nation as a whole. want their government to act, and Con- triation of funds at 5 percent. Mr. Speaker, I ask my colleagues, es- gress’ time to act is now. I come here While the corporate tax rate is put- pecially the newer Members, to famil- today to offer a solution to an issue ting the United States at a disadvan- iarize themselves with my plan as we that has been discussed, but not truly tage in the global economy which we work to implement an aggressive pro-

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 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A04JA7.000 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H56 CONGRESSIONAL RECORD — HOUSE January 4, 2017 growth agenda under new leadership on Now, the appropriators don’t like it regulations on Americans. Those regu- the other end of Pennsylvania Avenue. because, hey, they don’t get to mess lations cost us $1.9 trillion in lost pro- In God We Trust. around with it, and the Budget Com- ductivity and growth—a cost of $15,000 f mittee doesn’t like it because that per American household. means they either have to look like Now, for the first time during my FUNDING OUR PORTS they have another half a billion dollars tenure serving the Second Congres- The SPEAKER pro tempore. The a year of deficit or they would have to sional District of Missouri, Congress Chair recognizes the gentleman from raise some funds somewhere else to has a unique opportunity. This week Oregon (Mr. DEFAZIO) for 5 minutes. spend somewhere else. we will pass a bill that I have had the Mr. DEFAZIO. Mr. Speaker, during But the point is this money should be pleasure of cosponsoring and voted for this last Presidential election year, spent as intended. So today I am send- twice before—the REINS Act, and I ex- there was a tremendous amount of dis- ing a letter to President-elect Trump. pect it to become law. The REINS Act cussion about the Nation’s infrastruc- He has said time and time again he puts power back in the hands of the ture and the need for investment to wants to invest in our infrastructure. people as Congress—the people’s make America more competitive and Obviously, it is going to be a little House—can implement an up-or-down move goods and our citizens more effi- longer term before we get to surface vote on any new major rule before they ciently. because we are going to have to raise can take effect. Congress should decide There wasn’t a lot of particular dis- additional revenues there to deal with what rules are necessary for our con- cussion about ports, but they are an in- our crumbling roads, bridges, and tran- stituents—not unelected bureaucrats. We will also pass this week the Mid- credibly important part of our infra- sit systems. night Rules Relief Act which will allow structure. More than $470 billion of ex- But for our ports, we don’t have to Congress to stop the Obama adminis- ports went through America’s ports. wait. Day one, he can send a message tration’s last minute regulations from Three-quarters of our exports are wa- to Congress saying: Hey, get off your taking effect as they turn out the terborne through these ports around butts down there and spend that money the United States. lights and head out the door. for the purpose for which the tax was The American people spoke loud and Now, the Corps of Engineers says collected. Stop gouging the American clear: They want results. They are that, of our 59 busiest ports depicted taxpayers and shorting our ports. tired of working harder for less money here, they are fully available less than It’s time to do things a little dif- and tired of wondering how they will 35 percent of the time, and that is even ferently around here, and I am hopeful make ends meet at the end of every before we begin to deal with the larger that the President perhaps will tweet month. They have had enough and are cargo ships that are going to be coming about this and get some action out of tired of the constant chipping away of through the expanded Panama Canal to the Republican majority like he did their freedoms. the Southeast and other ports in the yesterday in reversing them on a rath- Taken together, these two bills clear- United States, and that is because of a er drastic change to the rules of the ly demonstrate that this Republican lack of funding. House. Congress is unified and will work with Now, obviously, that is a very dif- f President-elect Trump to help alleviate ficult problem. We are estimating the day-to-day burdens felt by Ameri- about a $20 billion shortfall over the RELIEF FROM EXCESSIVE EXECUTIVE ORDERS cans across the country. By passing next 10 years in funding. Where, oh these bills, we are demonstrating that where, could Congress find that The SPEAKER pro tempore (Mr. we are listening to our constituents money? Actually, we already have it. WEBSTER of Florida). The Chair recog- and we are telling them that their Now, Congress, in its wisdom in 1986, nizes the gentlewoman from Missouri elected representatives are in charge, with the cooperation and consent of (Mrs. WAGNER) for 5 minutes. not Washington bureaucrats. shipping interests, imposed a tax, an ad Mrs. WAGNER. Mr. Speaker, for the f valorem tax, on the value of imports. It past 8 years, President Barack Obama is a very small tax, but it adds slightly has used his pen and phone to create a b 1015 to the cost of any good that any Amer- fourth branch of government that over- DON’T ABANDON AMERICANS IN ican buys every day that is imported. reaches through executive orders and NEED OF HEALTH CARE Now, Americans are paying the tax Federal rules and regulations. But The SPEAKER pro tempore. The and Congress is stealing the money. today is a new day—a day when this Chair recognizes the gentleman from Yep, that is true—for stupid purposes, Congress begins to dismantle this Illinois (Mr. QUIGLEY) for 5 minutes. no less. We are pretending to make the fourth branch of government and drain Mr. QUIGLEY. Mr. Speaker, I rise deficit smaller by collecting twice as the swamp in Washington. today to share the story of Mary and much tax as we invest in our ports. Through the entirety of this Presi- her son, two of my constituents from Meantime, we are forgoing the in- dent’s administration, Republicans the Lakeview community of Chicago. vestment that is needed in those ports have fought against out-of-control Mary wrote to me on her son’s behalf, to become even more efficient and growth of Federal bureaucracy and expressing their deep appreciation for more competitive in the world econ- rules and regulations that have suffo- the Affordable Care Act and what the omy. Congress is collecting the tax, yet cated the American economy. The last law has meant for their family. the Budget Committee and the appro- time I checked, the President’s job was In 2001, Mary’s son was diagnosed priators here in the Republican House to enforce existing laws and work with with a rare autoimmune disease called are saying: Let’s hide that money over the elected Members of Congress whose Addison’s disease. It occurs when your here. We will put it in the Treasury responsibility it is to pass laws as the body produces insufficient amounts of harbor maintenance trust fund. Don’t people’s representatives. Instead, I be- certain hormones produced by your ad- worry. It’s there. Some day we might lieve he has undermined not only our renal glands. When left untreated, spend it. Constitution but also the American Addison’s disease can be life-threat- Nine billion dollars today—$9 bil- people through this executive power ening. lion—that would address half of the grab. At the time of his diagnosis, Mary’s long-term shortfall in our ports. This It is time to get rid of the Wash- son was fully insured through his em- could be an incredible boon for ship- ington-knows-best, top-down, one-size- ployer. Then, in 2011, Mary’s son left pers, for American competitiveness, fits-all rules like the EPA’s waters of his employer to pursue the American and for jobs in this country. We don’t the U.S., the Clean Power Plan, the De- Dream of entrepreneurship and start a have to levy a new tax. All we have to partment of Labor’s overtime rule and small business on his own. Leaving his do is spend the tax that is being col- restrictions on your retirement sav- employer to bravely chase the Amer- lected from the American people by ings. These regulations have con- ican Dream meant leaving behind his jacking up the price of imported goods sequences, and what these bureaucrats insurance coverage, too. He did not an- for the purpose for which it is lawfully do have, consequences. In 2015 alone, ticipate being denied coverage due to a intended. the Federal Government leveled 3,400 preexisting condition.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.002 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H57 Up to this point, because of treat- to make our country a healthier place lived. He fought the good fight. He fin- ment covered by his insurance plan, he for all. ished his course. I urge you today to had been able to work to provide for f join me and my constituents in hon- himself and to live independently. As oring the life of Clyde Holloway by FAIRCHILD CHALLENGE PROGRAM he got his new business off the ground, charting our course to lead and rep- he went uninsured and, as a result, en- The SPEAKER pro tempore. The resent the best interests of the people countered several crises with his Chair recognizes the gentlewoman from who entrusted their leadership to us health. He avoided going to the doctor Florida (Ms. ROS-LEHTINEN) for 5 min- today. due to high costs and eventually ended utes. HONORING THE LIFE OF BOBBY SMITH up in the emergency room. As we all Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. ABRAHAM. Mr. Speaker, I rise know, preventable emergency visits are rise today to recognize an innovative today to pay tribute to a man whose a major contributor to the overall high educational program in my south Flor- life was a living definition of courage. healthcare costs that harm the entire ida community called the Fairchild In 1986, working as a Louisiana State system. Challenge. trooper, Bobby Smith, from Buckeye, Thanks to the President and Con- As a nonprofit founded in 2002, this Louisiana, was shot in the face and no-cost, environment-focused annual gress passing the Affordable Care Act, blinded in the line of duty. He not only competition based at the world-re- Mary’s son was finally able to obtain lost his sight, but also lost the career nowned Fairchild Tropical Botanic affordable care when the health insur- that he deeply loved. Garden, located in my district, invites ance marketplace first opened in Octo- Never one to succumb to adversity, students from around the world to par- ber 2013. Bobby earned a Ph.D., authored books, Mary wrote me to share her son’s ticipate from a young age as active and and set out on a path of helping others. story. He is one of tens of millions of thoughtful members of society. In 2001, he organized the Foundation The Fairchild Challenge focuses at- Americans who have directly benefited for Officers Recovering from Trau- tention on conservation of the environ- from the ACA’s improvements to cov- matic Events. This foundation helped ment, while introducing students to erage, consumer protections, costs, and provide training and counseling to law the importance of STEM: science, tech- quality. Today, Mary is fearful of what enforcement individuals, firefighters, nology, engineering, and mathematics. the repeal of ACA will mean for her emergency services personnel, and In the 2014–2015 school year, over their families going through tough son. 153,000 participants were involved in Unfortunately, despite having 7 years times from various traumatic events. the program. High-performing schools to produce an alternative, the majority Bobby’s will to help others would are eligible for cash prizes, while par- has failed to offer a true replacement. carry him through his personal chal- ticipating students may earn college And what about the parts of the ACA lenges as he traveled across the United scholarships. States and throughout the world lit- that share bipartisan popularity? Through innovative programs like My colleagues on the other side of erally sharing his story and lifting up the Fairchild Challenge, students are others. Before his death in October of the aisle and the President-elect insist sure to be conscious of the benefits of they will craft a plan that maintains this year, Mr. Smith had addressed and conserving our environment and may touched the lives of over 1 million peo- popular parts of the law, while reject- more readily engage in the STEM ing the less popular components. Of ple. fields that will better prepare them for Many who knew Bobby would often course, that sounds great, but there is the future. hear him say, ‘‘I see. I see.’’ Today, as one real problem: they have offered ab- Congratulations to all the student we remember Bobby Smith, let us not solutely no way to pay for any of it. participants of the Fairchild Chal- be blinded by our own tragedies, adver- In reality, repeal and replace is more lenge. Hats off especially to the board simply repeal and go back to before— sities, and obstacles in our lives, but members, staff, and the many volun- let us also have the courage that Bobby tearing down a much-needed house be- teers of the Fairchild Tropical Botanic had to look beyond and see the beauty fore a new one is built, back to a time Garden, and most especially to Mr. and of life and see the good in others. when 47 million Americans—nearly 18 Mrs. Greer, the heart and soul of these f percent of the population—were unin- beautiful botanical gardens. sured. Mary’s son and countless others HONORING THE LIFE OF LANDON like him cannot afford to go back in f WEAVER time. Repealing ACA will leave 20 mil- HONORING THE LIFE OF CLYDE The SPEAKER pro tempore. The lion Americans, including her son, HOLLOWAY Chair recognizes the gentleman from without affordable health insurance, The SPEAKER pro tempore. The Pennsylvania (Mr. THOMPSON) for 5 effectively disrupting their care and Chair recognizes the gentleman from minutes. potentially putting their lives at risk. Louisiana (Mr. ABRAHAM) for 5 min- Mr. THOMPSON of Pennsylvania. To remind us all of the high stakes utes. Mr. Speaker, I rise today with a heavy riding on the ACA repeal, Mary wrote, Mr. ABRAHAM. Mr. Speaker, I rise heart to mourn the loss of Pennsyl- saying: ‘‘As a former Republican and today to honor the life of a true serv- vania State Trooper Landon Weaver, now an Independent voter, I am speak- ant of the people. Many knew him as a who was killed in the line of duty on ing from my heart. The 2016 election former schoolbus driver, the chairman Friday, December 30. result has me truly frightened for the of the Louisiana Public Service Com- Trooper Weaver had been on patrol health of my son and for my husband mission, or a successful nursery owner for 1 year with the Pennsylvania State and me.’’ in Forest Hill, Louisiana. Police. He was investigating a domes- Repealing the Affordable Care Act Some of you here today knew him as tic incident in Juniata Township, Hun- will create a chaotic situation that will former Congressman Clyde Holloway. tingdon County, in Pennsylvania’s put real lives in danger. We all share in Mr. Holloway was one of the first Re- Fifth District, when the situation the responsibility to protect the health publicans in Louisiana to be elected to turned deadly and he was fatally shot care of all Americans. Empty rhetoric Congress since Reconstruction. Serving by the suspect. Flags throughout Penn- of repealing the ACA is dangerous, but from 1986 to 1993, Mr. Holloway was a sylvania are flying at half-staff in when transformed into real legislative trailblazer for other Republican law- honor of Trooper Weaver being taken action, it can be catastrophic for the makers in our great State. from us too soon. constituents that elected us to serve On August 16, 2016, I, along with I rise today to speak about who and represent them in this body. many Louisianans, were saddened to Trooper Landon Weaver was: a son, a On behalf of Mary’s son and other hear of the news of Mr. Holloway’s brother, a husband, a friend, a hero. Americans in districts across the coun- passing. Clyde left a legacy among his Trooper Weaver’s law enforcement try, I urge my colleagues on the other constituents of always looking out and career had just begun. He was 23 years side of the aisle to abandon their ef- representing their best interests. old, and he married his high school forts to strip health care from those I stand before you today to pay trib- sweetheart, Macy, in June. They grad- who need it and, instead, work with us ute to Mr. Holloway and the life he uated from Central High School in

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.005 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H58 CONGRESSIONAL RECORD — HOUSE January 4, 2017 Martinsburg in 2012, and he went on to mourn his loss and honor his memory. May we be forever grateful for the study criminal justice at Indiana Uni- May God bless Landon Weaver and his blessings our Nation enjoys and appro- versity of Pennsylvania. He was proud- family. priately generous with what we have to ly on the dean’s list. f help those among us who are in need. In December 2015, he enlisted to join May all that is done this day be for the Pennsylvania State Police Acad- MINERS’ PENSION Your greater honor and glory. emy in Hershey, Pennsylvania. He The SPEAKER pro tempore. The Amen. graduated from the State Police Acad- Chair recognizes the gentleman from f emy in June, was assigned to Troop G West Virginia (Mr. JENKINS) for 5 min- of the Pennsylvania State Police, and utes. THE JOURNAL served at the Huntingdon Barracks. He Mr. JENKINS of West Virginia. Mr. The SPEAKER pro tempore. The loved his family, and he loved being a Speaker, in this new year, we must Chair has examined the Journal of the police officer. make things right for our miners and last day’s proceedings and announces Trooper Weaver attended Zion Lu- their widows. We must act now to keep to the House his approval thereof. theran Church and enjoyed spending the promise. We must honor their work Pursuant to clause 1, rule I, the Jour- time with his family, and especially his in the mines by protecting the pensions nal stands approved. wife, Macy. To him, family was every- and healthcare benefits they worked f thing. their whole lives to earn. Trooper Weaver is the 97th member We must pass legislation I have co- PLEDGE OF ALLEGIANCE of the Pennsylvania State Police to be sponsored to protect these hard-earned The SPEAKER pro tempore. Will the killed in the line of duty. benefits for families like Rita gentleman from Texas (Mr. POE) come In addition to his wife, he is survived Blankenship of McDowell County who forward and lead the House in the by his parents, Eric and Christine Wea- wrote me asking for help. Here is what Pledge of Allegiance. ver of East Freedom; his brother, she said: ‘‘My husband was promised Mr. POE of Texas led the Pledge of Larett Weaver of East Freedom; his pa- healthcare coverage in 1975 when he Allegiance as follows: ternal grandparents, Merrill and Chris- went to work in the mines and joined I pledge allegiance to the Flag of the tine D. Weaver; as well as other family the union. I am asking if you could do members and friends. He grew up in a United States of America, and to the Repub- everything possible to get this passed lic for which it stands, one nation under God, small town where there is a deep sense so we will have health care,’’ she indivisible, with liberty and justice for all. of community. Many hearts are broken wrote. f over this tragic, senseless situation. These miners and their families de- One of Trooper Weaver’s teachers at serve no less than what they worked ANNOUNCEMENT BY THE SPEAKER Central High School in Martinsburg re- their entire lives to earn: the peace of PRO TEMPORE membered Trooper Weaver from his mind that comes with a pension and se- days as a student. Teacher Joe Logan The SPEAKER pro tempore. The cure health care. Chair will entertain up to 15 requests said Trooper Weaver was a ‘‘great kid’’ I urge my colleagues to join me in whom you could call on during times of for 1-minute speeches on each side of supporting legislation to protect our the aisle. need and he would be there. He said he miners, their widows, and their fami- was ‘‘beside himself with grief and sad- lies. We owe it to them to keep our f ness.’’ word. JIMMY BURNSED, RETIRING He went on to say: ‘‘He would do any- CHAIRMAN OF BRYAN COUNTY thing for you. He was humble, dedi- f BOARD OF COMMISSIONERS cated, and a loving person to his wife RECESS (Mr. CARTER of Georgia asked and and family. You’d be proud to call him The SPEAKER pro tempore. Pursu- was given permission to address the a colleague or friend.’’ ant to clause 12(a) of rule I, the Chair House for 1 minute and to revise and Trooper Weaver was one of Penn- declares the House in recess until noon extend his remarks.) sylvania’s finest. He was committed to today. Mr. CARTER of Georgia. Mr. Speak- his family, to his profession, and to the Accordingly (at 10 o’clock and 30 er, I rise today to recognize Mr. Jimmy community that he loved. His dedica- minutes a.m.), the House stood in re- Burnsed, who has served as chairman tion to service embodies the values of cess. law enforcement officers across the Na- of the Bryan County Board of Commis- tion. Our law enforcement officers risk f sioners for the past 12 years. their lives every day to help people. b 1200 On December 31, 2016, he officially re- Trooper Weaver put on his uniform tired from serving on the board. Be- AFTER RECESS that day and went to work like he had yond serving as chairman, Mr. Burnsed done so many days before, knowing The recess having expired, the House has dedicated an admirable amount of that any moment he could be in harm’s was called to order by the Speaker pro his life to public service. Nearly 40 way. That is a commitment our offi- tempore (Mr. EMMER) at noon. years ago, he began serving on the City cers make to serve and protect the pub- f Council for Garden City, Georgia, be- lic and uphold the law. That is the fore serving 4 years as mayor. In 1989, commitment that Trooper Weaver PRAYER he moved from Garden City to Bryan made to serve the Commonwealth of The Chaplain, the Reverend Patrick County. In 2005, he ran and was elected Pennsylvania. J. Conroy, offered the following prayer: chairman of the Board of Commis- May we all honor Trooper Weaver’s Loving God, we give You thanks for sioners. memory. He was a young man just giving us another day. Mr. Burnsed’s accomplishments on starting out in life. He was a newlywed We thank You for the joy, excite- the board since that time are numer- with so much to look forward to. In ment, and ceremony of yesterday, ous. He worked to build a new adminis- one moment, he was gone. when the 115th Congress convened. It trative building for the county to hold On behalf of the Congress of the was a celebration of the ongoing Amer- meetings and other events; he managed United States and the people of the ican experiment of participatory de- and planned the infrastructure for Fifth Congressional District of Penn- mocracy and the peaceful shifting of Bryan County, which has grown more sylvania, I offer my sincere condo- power. than 50 percent in size during his ten- lences and prayers to his family, espe- Today begins the work of that Con- ure; and he helped to upgrade Bryan cially to his wife, Macy, during this gress, when the difficulties facing our County’s trails, parks, and recreation tragic and difficult time. He risked his Nation, and some communities espe- centers. Mr. Burnsed always put the life to keep all of us safe. cially, come into focus. We ask again community first and performed his du- Trooper Landon Weaver is a hero who an abundance of Your wisdom for the ties in a way that would make any con- was taken from us too soon. May we Members of the people’s House. stituent very proud.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.007 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H59 Jimmy Burnsed, you will be greatly repealing the failing ObamaCare, re- date separating Jews from Palestinians missed. form the Tax Code, and strengthen the in the West Bank is segregation. Seg- f military. regation is not democratic. I was grateful to cast my vote for The United States and the U.N. have ETHICS Speaker RYAN, and I look forward to no legal business telling a sovereign (Mr. CICILLINE asked and was given working with him, President-elect nation where people should live or permission to address the House for 1 Donald Trump, and Vice President- shouldn’t live in that country. Who in minute.) elect MIKE PENCE in the new Congress the world do we think we are? Would Mr. CICILLINE. Mr. Speaker, yester- to deliver policies of limited govern- we approve of the U.N. telling us that day, just a few hours after they at- ment and expanded freedom for Amer- one race or ethnic group could not live tempted to kill the independent Office ican families. in one region of the United States? Ab- of Congressional Ethics and strip it for In conclusion, God bless our troops, solutely not. parts, Republicans backed down in the and may the President, by his actions, Thankfully, this State Department face of public outrage. It speaks vol- never forget September the 11th in the will soon be clearing their desks at umes that the first thing Republicans global war on terrorism. Foggy Bottom—and good riddance. It attempted to do was weaken ethical f is time for a new State Department standards and that they only changed that supports America’s friends and DON’T UNDERMINE HEALTH CARE course once their efforts were exposed not our enemies. to the public. This is not what the FOR AMERICANS And that is just the way it is. American people sent us here to do. (Mrs. BUSTOS asked and was given f It seems that, contrary to rhetoric, permission to address the House for 1 Republicans don’t want to drain the minute.) SECOND AVENUE SUBWAY swamp. They want to fill it up. This is Mrs. BUSTOS. Mr. Speaker, I spent OPENING wrong, and it is critical that Members 10 years of my professional life working (Mrs. CAROLYN B. MALONEY of of Congress be accountable and adhere in health care, both during and after New York asked and was given permis- to the highest ethical standards. the Affordable Care Act passed, so let sion to address the House for 1 minute.) In the weeks ahead, it is critical that me tell you what a Republican repeal Mrs. CAROLYN B. MALONEY of New all of us hold the majority accountable would mean. York. Mr. Speaker, residents in New and prevent them from going back to It would mean raising prescription York City had a special reason to cele- the days when thinly veiled bribes, drug costs on Illinois seniors by more brate as this new year began. The very kickbacks, and worse were common- than $1,000 every year by reopening the first new subway in over 60 years and place in this town. Medicare doughnut hole. the largest subway in the country We need more ethical reforms in Con- It would mean returning to the days opened its doors and carried passengers gress, not less. That is why I have in- when insurance companies could dis- at 12 noon on New Year’s Day. This troduced the ETHICS Act, to require criminate against women by charging new line is expected to carry over every Member of Congress to undergo them more than men for basic care. 200,000 travelers a day, reducing com- the same annual ethics training that It would mean telling diabetics, sur- mute time, reducing costs, operating their staffs have to complete. That is vivors of a heart attack, or even babies with efficiency, and boosting small why I am asking Members of both par- with a birth defect that they aren’t businesses. ties to demand better from our elected qualified for healthcare coverage be- It is a project that has been on the officials than what we saw over the cause of their preexisting condition. books for over a century and one that last 48 hours. It would mean denying cancer pa- I fought for every single day that I f tients lifesaving care after they have have been in Congress. It is the gift reached their lifetime limit on their in- that keeps on giving. It has already CONGRATULATIONS TO SPEAKER surance policy. generated over 16,000 new jobs. It has PAUL DAVIS RYAN Republicans have talked about re- spurred over $840 million in good (Mr. WILSON of South Carolina pealing the Affordable Care Act for al- wages. The regional plan says that it is asked and was given permission to ad- most 7 years, but they have no plan for responsible for over $2.5 billion in new dress the House for 1 minute and to re- replacement. Again and again, we have economic activity. They just opened vise and extend his remarks.) heard that repealing ObamaCare will their doors. Mr. WILSON of South Carolina. Mr. make America great again. Well, I say Let’s work together and support Speaker, yesterday, the first day of the it will make America sick again. other good, important infrastructure 115th Congress, the House of Represent- Please, let’s work together. Don’t un- projects in our country. It is good for atives elected PAUL DAVIS RYAN to dermine the health of millions of Americans; it is good for America. serve as Speaker of the House. I have Americans. f been grateful to serve with Speaker f RYAN, a proven conservative, through- HONORING OUR NATION’S out my service in Congress and can at- THIS STATE DEPARTMENT SERVICEMEN AND -WOMEN test to his commitment to conserv- BETRAYS ISRAEL (Mr. EMMER asked and was given ative values with innovative thought- (Mr. POE of Texas asked and was permission to address the House for 1 fulness. given permission to address the House minute.) Under Speaker RYAN’s leadership, for 1 minute and to revise and extend Mr. EMMER. Mr. Speaker, I rise House Republicans last year passed his remarks.) today for the first time in the 115th meaningful legislation providing great- Mr. POE of Texas. Mr. Speaker, the Congress to recognize the brave serv- er outreach service for veterans, rein- anti-Semitic United Nations has struck icemen and -women who tirelessly de- forcing local control of education, end- a new low, demanding that Israel pro- fend our great Nation. ing the 40-year ban on crude oil ex- hibit Jews from settling in the West Every day, our men and women in ports, combating the opioid epidemic, Bank. Guess who was supportive of this uniform make tremendous sacrifices to passing the National Defense Author- absurd resolution in betrayal of our protect the many freedoms we enjoy ization Act, and enacting sweeping closest ally? The United States. both at home and abroad. They spend mental health reform. Once again, this administration is on time away from their families, miss Speaker RYAN also launched A Better the wrong side. It has alienated what birthdays, anniversaries, and funerals, Way, a bold policy agenda that pre- few international friends we have. Sec- and are frequently required to put sents meaningful initiatives for restor- retary of State John Kerry arrogantly themselves in harm’s way to fight for ing a confident America by presenting declared: ‘‘Israel can either be Jewish this great Nation. solutions to address poverty, grow our or democratic; it cannot be both.’’ In particular, I would like to recog- economy to create jobs, defend the Mr. Speaker, let’s think about that nize Jason Braun, who will be deploy- Constitution, improve health care by statement. The United Nations’ man- ing to the Middle East in the coming

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.010 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H60 CONGRESSIONAL RECORD — HOUSE January 4, 2017 days. A Minnesota resident, Jason is a not surprisingly, he vetoed it. In a few behind a wife and family. Chief War- member of the West Metro Fire-Rescue weeks, this Congress will again send a rant Officer Lucas Lowe’s wife, Kami, District and is a dedicated husband to repeal bill to the President’s desk. This was also pregnant with twins due next my director of operations and sched- time, we will have a President who will month, in February. uler, Kate Braun. sign it. As a former Texas Guardsman my- I want to thank Jason; his wife, Kate; Mr. Speaker, healthcare decisions self, my prayers remain with all those and all of the members of our Armed should be made by patients and their who have been impacted by this ter- Forces and their families for their con- doctors. American families should have rible tragedy. As the U.S. Congressman tinued sacrifice and service to our access to health insurance they can ac- for District 36, it is my commitment country. Their dedication to freedom is tually afford. That is why we will re- and duty to the families to see that what makes this country great. I wish peal ObamaCare and replace it with they get the support they need during all of our servicemembers overseas a real reforms. this very difficult time. safe and speedy deployment. f Please keep these families in your f thoughts and your prayers. May God b 1215 HOW THE AFFORDABLE CARE ACT bless these two soldiers, their families, WORKS FOR CONSTITUENTS HELPING OUR CONSTITUENTS GET and all who serve their country. (Ms. JUDY CHU of California asked AHEAD f and was given permission to address (Mr. KRISHNAMOORTHI asked and DON’T MAKE AMERICA SICK AGAIN the House for 1 minute.) was given permission to address the (Mr. GENE GREEN of Texas asked Ms. JUDY CHU of California. Mr. House for 1 minute.) and was given permission to address Speaker, I rise today on behalf of Mr. KRISHNAMOORTHI. Mr. Speak- the House for 1 minute.) Kalwis Lo, a young man from my dis- er, I am Congressman RAJA Mr. GENE GREEN of Texas. Mr. trict in San Gabriel, California, who KRISHNAMOORTHI from the Eighth Dis- Speaker, I want to follow my colleague told me how his life was saved by the trict of Illinois. I have the honor to and my neighbor in Texas to regret the Affordable Care Act. represent the hardworking families of loss of our two National Guardsmen When he was just out of college, Chicago’s west and northwest suburbs. from the 36th Division. The 36th Divi- Kalwis was shocked when he was diag- My constituents, like so many other sion is a historic division, Texas divi- nosed with stage III Hodgkin Americans, are finding it harder and sion, T-Patchers, and to lose two of our lymphoma. He learned that this disease harder to get ahead. soldiers is tragic. would end his young life if ignored, but Creating good-paying jobs is my But I am on the floor today to talk was actually easily treatable in the number one job, and growing and about health care. The Republican ma- early stages. strengthening the middle class is my jority has taken the first legislative No longer covered by his university, primary mission. I believe working and he applied to every type of health in- step to make America sick again. The middle class families must be able to first step was to take away health care surance he could, but he was denied earn a living wage, have quality health every single time because of his pre- from tens of millions of Americans, in- care, and educate their children well. cluding premium increases for millions existing condition. He knew that These challenges are not insurmount- through insurance coverage he could more in America. The second action able, but we must address them imme- lights the fuse on the dangerous legis- get the chemotherapy treatments that diately. We need to make sure that could save his life, but with each de- lative process that threatens to cut working and middle class families can Medicare, Medicaid, and health tax nial, he felt more and more desperate. achieve economic security. I believe Then Kalwis learned about the Pre- credits that Americans are now bene- that, if you work hard and play by the Existing Condition Insurance Plan fiting from. rules, you and your children can and under the Affordable Care Act. This There should be no reform without a should succeed in America. I look for- plan made insurance accessible to any- replacement because we may never ward to working with all of my col- one that had been denied due to a pre- have a replacement, but we have mil- leagues in this Chamber to make that existing condition. Thankfully, Cali- lions of Americans who will lose their a reality. fornia was one of the States partici- healthcare coverage because of the ac- pating in the program. Finally, Kalwis f tions of this House. Let’s don’t make America sick again. got the chemotherapy he needed. He is MOURNING THE LOSS OF one of millions of Americans given the SOUTHEAST TEXAS SOLDIERS f promise of their lives back thanks to (Mr. BABIN asked and was given per- CONGRATULATIONS TO THE the Affordable Care Act. mission to address the House for 1 CENTRAL HIGH BAND f minute and to revise and extend his re- (Mr. HILL asked and was given per- OBAMACARE marks.) mission to address the House for 1 (Mrs. WALORSKI asked and was Mr. BABIN. Mr. Speaker, it is with a minute and to revise and extend his re- given permission to address the House heavy heart that I rise today to honor marks.) for 1 minute and to revise and extend two young men who gave their lives in Mr. HILL. Mr. Speaker, I rise to rec- her remarks.) service to the State of Texas and the ognize Little Rock Central High Mrs. WALORSKI. Mr. Speaker, I rise United States when their Apache heli- School’s flag line and marching band today to because we made a promise to copter crashed in Galveston Bay, for participating in the events marking the American people, and we are going Texas, during a training mission last the 75th anniversary of the attack on to keep it. week in my congressional district. Pearl Harbor in Hawaii. ObamaCare is an unpopular and My deepest sympathies go out to the Known as the Stereophonic Storm of failed law collapsing under its own families of Army Chief Warrant Officer the Mid-South, Central’s flag line and weight. Polls have shown it; rising pre- 2 Lucas Lowe of Daisetta, Texas, a resi- marching band joined several high miums have proven it; and, in Novem- dent of the 36th Congressional District, school bands across the Nation at the ber, the voters said it loud and clear. It which I represent, and Army Chief annual Waikiki holiday parade to com- is time to repeal ObamaCare and re- Warrant Officer 3 Dustin Mortenson of memorate this historic moment. place it with more choices, lower costs, League City, Texas. Led by band director Brice Evans, and real protections for patients. Al- The heartbreaking loss of these two the school’s trip lasted an entire week, ready, we are working to end this dam- fine Texas Army National Guard pilots, giving our students the chance to hav- aging law and take control away from assigned to the First Squadron 149th ing an unforgettable experience by Federal bureaucrats and give it back to Attack Reconnaissance Battalion of meeting Pearl Harbor survivors and en- the people of this country. the 36th Infantry Division, has been joying Thanksgiving in Hawaii. One year ago, we sent an ObamaCare felt throughout our southeast Texas With their seemingly limitless en- repeal bill to the President’s desk; but, community. Both men tragically leave thusiasm and spirit, the Central High

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.012 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H61 School band continues to represent us in November, this is a good place to And not only that, within the renewed themselves with determination and start. and responsive structure of a truly rep- dedication that make all Arkansans And for so many who have work, resentative government, we can restore proud. As a long time friend and sup- things aren’t much better. Millions of that hope held by so many generations porter of all things for Central High, Americans, especially those in the before, that hope that has defined congratulations. I look forward to fol- heartland and struggling neighbor- America’s character since before our lowing the band’s continued success. hoods in our big cities, aren’t sharing Nation was founded. It is the American f in America’s prosperity. In fact, the Dream so that we and our children can bottom half of the economic distribu- find more meaning, security, purpose, WE CAN REBUILD TRUST tion in America hasn’t felt any of the and success than those who have come (Mr. MCCARTHY asked and was economic growth from the 1970s on. before us. given permission to address the House These people spend their whole lives Restoring that dream is the purpose for 1 minute.) working and never have the chance to of this body in the 115th Congress. The Mr. MCCARTHY. Mr. Speaker, our move up. American people expect this country to Constitution lists few, if specific, We have had the wisdom to listen to be great again. Here and now, we will qualifications for the office we now all of the American people, especially move us toward that greatness. hold. Article I, section 2 states that we those being left behind. Now let us f must be at least 25 years old, we must have the courage to lead. Let us have have been a citizen for the past 7 years, the courage to define the people’s de- THE MEDIA COULD PLAY A and we must live in the State we rep- sires in law. And as we go about our POSITIVE ROLE resent. daily business, Mr. Speaker, we should (Mr. SMITH of Texas asked and was In ‘‘The Federalist Papers,’’ Alex- remember not only that we have great given permission to address the House ander Hamilton and James Madison purpose, but we also have great power for 1 minute and to revise and extend wrote that ‘‘Under these reasonable loaned to us directly from the Amer- his remarks.) limitations, the door of this part of the ican people. Mr. SMITH of Texas. Mr. Speaker, federal government is open to merit of Our Republic, and the liberties we the national liberal media continue to every description, whether native or hold dear at this time, are threatened promote a divided America. This is adoptive, whether young or old, and by bureaucracies, subject to no author- largely a result of their chosen can- without regard to poverty or wealth, or ity but their own will. They cannot be didate not winning the Presidential to any particular profession of reli- controlled by the people and are in- election. Since 91 percent of the me- gious faith.’’ creasingly unrestrained by the people’s dia’s coverage of President-elect In a phrase, our body is to represent representatives. This is not a partisan Trump was negative, it is no surprise the American people in all of its opin- concern. Congress has a duty to act as that they still see America in a nega- ions, complexities, and riches; and I be- a unified body in defense of our Article tive light. lieve we do. For in a free nation such I powers because, unlike the bureauc- But the media could play a much as ours, no single person can represent racy, we are accountable to the people. more constructive role. They could re- the people as a whole. In this body, I That is why I have scheduled this port the good news that Americans are proudly work with colleagues on the House to tackle this problem starting more confident about the future than left and the right, from every region today through a two-step approach. they have been in 20 years. They could and State, people who profess different First, as I have long said, structure report on President-elect Trump’s abil- faiths, have had different careers, and dictates behavior. We need to fix the ity to attract individuals of com- embody the experiences of the Amer- structure in Washington that deprives petence and experience to his adminis- ican people. No gathering in this Na- the people of their power. tration. They could report on his fresh tion is more like its people than in this Second, we will repeal specific regu- approach and new ideas for, yes, mak- House. We are joined together in rep- lations that are harmful to the Amer- ing America great again. resenting not only our constituents but ican people, costing us time, money, Let’s hope the media will put aside our country. and, most importantly, jobs. To begin their bias and give the American peo- Mr. Speaker, we now have a high and to get to the root of this problem, we ple the facts, untainted by personal an- honorable task set before us. First, we will pass the REINS Act that will re- imosity. If they do, our country will be must take our practical principles that quire Congress to approve every major better for it. we have built up by the hard experi- regulation produced by the administra- f ence of generations who have come be- tive state. And unlike the bureaucracy, fore us, and we must apply them to a if the people don’t like what they see, CONGRESS SHOULD CONDEMN U.N. changing future. Our mission is not to they can vote us out of office. ANTI-ISRAEL RESOLUTION return to the past, nor to destroy it, Then next week, we will take a look (Mr. YODER asked and was given but rather to build upon it. at the Regulatory Accountability Act, permission to address the House for 1 And then we must direct the desires which will require agencies to choose minute and to revise and extend his re- of the people into action. Millions of the least costly option available and marks.) Americans long ignored have rejected a will end judicial deference to agencies, Mr. YODER. Mr. Speaker, I rise future of limits and slow decline. We which puts the American people at a today in solidarity and support for one have heard their voices. But history disadvantage in the courtroom. of America’s greatest friends and al- will not judge us by how well we hear But it is not just how rules are made. lies, but one the Obama administration but how well we act. It is what rules are made too. The has sadly abandoned in its last days in The unemployment rate has steadily President continues to unilaterally im- office: the State of Israel. declined and ticked down to 4.9 per- pose regulations on his way out the Since September of 2015 alone, in cent, but what is more important is door. So while we haven’t yet deter- Israel, 42 people have been killed in that our labor participation rate is mined what needs to be repealed first, terrorist attacks, and 602 people, in- only 62.7 percent. Outside of the Obama I expect to start with swift action on cluding four Palestinians, have been in- years, that is the lowest labor force at least the stream protection rule and jured. Yet, last month, the United Na- participation rate since 1978. methane emissions standards, both of tions Security Council felt the need to The reason our unemployment rate is which limit our energy production. condemn Israel with a misguided reso- dropping isn’t because people are find- This process won’t be completed lution the United States should have ing jobs. They have no prospects for quickly, but as we remove harmful reg- vetoed. stable and meaningful work. The ulations and change the structure of In fact, as long as Israel has been American people have unrivaled talent Washington, draining the bureaucratic part of the U.N., it has been treated and ability, but it is not being used. If swamp that undermines the will of the with little respect and almost openly we are looking for a reason behind the people, we can rebuild trust between disdained. In 2016, there were more res- message that the American people sent the people and their government again. olutions regarding Israel at the U.N.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.014 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H62 CONGRESSIONAL RECORD — HOUSE January 4, 2017 than there were regarding Syria, North 3093 of the Carl Levin and Howard P. ‘‘Buck’’ long after our words are forgotten, their Korea, Iran, South Sudan, and Russia McKeon National Defense Authorization Act deeds will be remembered and celebrated. combined. That is simply an unaccept- for Fiscal Year 2015 (40 U.S.C. 8903 note; Pub- But this monument will also remind able way to treat the only peaceful lic Law 113–291) to commemorate and honor future generations at home and abroad, the members of the Armed Forces who democratic state in the region. served on active duty in support of Operation friend and foe, of what American Mr. Speaker, I urge all of my col- Desert Storm or Operation Desert Shield, Armed Forces can do to rescue and pro- leagues to join together in sending a within Area I, as depicted on the map de- tect the weak, and vanquish and punish strong, bipartisan message this week scribed in section 8908(a) of title 40, United the guilty, when competently com- to rebuke this misguided resolution so States Code, is approved. manded in the field and backed by the we can get back on a path to a peaceful The SPEAKER pro tempore. Pursu- full resolve of the American people in a solution to conflict in the Middle East. ant to the rule, the gentleman from righteous cause. f California (Mr. MCCLINTOCK) and the I urge adoption of the measure. gentlewoman from Massachusetts (Ms. Mr. Speaker, I reserve the balance of b 1230 TSONGAS) each will control 20 minutes. my time. Ms. TSONGAS. Mr. Speaker, I yield ANNOUNCEMENT BY THE SPEAKER The Chair recognizes the gentleman myself such time as I may consume. PRO TEMPORE from California. GENERAL LEAVE Mr. Speaker, following the invasion The SPEAKER pro tempore (Mr. Mr. MCCLINTOCK. Mr. Speaker, I and occupation of Kuwait by Iraqi lead- CARTER of Georgia). Pursuant to clause ask unanimous consent that all Mem- er Saddam Hussein, the United States 8 of rule XX, the Chair will postpone bers may have 5 legislative days to re- and the international community de- further proceedings today on motions vise and extend their remarks and in- manded the immediate withdrawal of to suspend the rules on which a re- clude extraneous materials on the joint Iraqi forces under the threat of mili- corded vote or the yeas and nays are resolution under consideration. tary action. After Saddam Hussein de- ordered, or on which the vote incurs The SPEAKER pro tempore. Is there fied calls to withdraw from Kuwait, the objection under clause 6 of rule XX. objection to the request of the gen- United States, along with a broad coa- Record votes on postponed questions tleman from California? lition of European, regional, and global will be taken later. There was no objection. allies, began Operation Desert Shield, f Mr. MCCLINTOCK. Mr. Speaker, I followed by Operation Desert Storm, a yield myself such time as I may con- 100-hour land war which expelled the APPROVING LOCATION OF MEMO- sume. Iraqi forces from Kuwait. RIAL TO COMMEMORATE MEM- Mr. Speaker, H.J. Res. 3 by Congress- Approximately 700,000 members of BERS OF ARMED FORCES WHO man ROE of Tennessee authorizes the the American Armed Forces served as SERVED IN SUPPORT OF OPER- National Desert Storm War Memorial part of Operation Desert Storm and Op- ATION DESERT STORM OR OPER- Association to consider sites along or eration Desert Shield. Of those, 293 ATION DESERT SHIELD near the National Mall for a memorial died in theater and 148 were killed in Mr. MCCLINTOCK. Mr. Speaker, I to honor the members of Armed Forces action. move to suspend the rules and pass the who served on Active Duty in support The 2015 National Defense Authoriza- joint resolution (H.J. Res. 3) approving of Operation Desert Storm or Oper- tion Act authorized the National the location of a memorial to com- ation Desert Shield. Desert Storm and Desert Shield War memorate and honor the members of Under the Commemorative Works Memorial Association to establish a the Armed Forces who served on active Act, any memorial proposed to be lo- memorial as a commemorative work duty in support of Operation Desert cated on Federal land along or near the on Federal land in the District of Co- Storm or Operation Desert Shield. National Mall must be approved by lumbia. This honors the members of The Clerk read the title of the joint Congress after the Secretary of the In- the American Armed Forces who resolution. terior determines that the proposed served and those who made the ulti- The text of the joint resolution is as work is ‘‘of preeminent historical and mate sacrifice in support of our coun- follows: lasting significance to the United try. H.J. RES. 3 States.’’ The joint resolution before us today Whereas subsection (b)(1) of section 8908 of The Secretary of the Interior has rec- approves the general location of the title 40, United States Code, provides that ommended that the Desert Storm War memorial so that it is in close prox- the location of a commemorative work in Memorial Association be authorized to imity to the National Mall and other the area depicted as ‘‘Area I’’ on the map de- consider sites in Area I for the memo- nationally significant war memorials, scribed in subsection (a) of that section shall rial, and this resolution would provide as determined by the Secretary of the be deemed to be authorized only if approved Congress’ approval of the Secretary’s Interior. by law not later than 150 days after the date recommendation. Congress provided This resolution is an opportunity for on which Congress is notified that the sub- initial authorization for the Desert the country to come together and ject of the commemorative work is of pre- thank the servicemembers who fought eminent historical and lasting significance Storm and Desert Shield Memorial in to the United States; 2014, and the memorial is to be funded in the Gulf, those whose lives have Whereas section 3093 of the Carl Levin and solely by private donations. been forever changed by their experi- Howard P. ‘‘Buck’’ McKeon National Defense History will no doubt continue to de- ence in this war, and those who did not Authorization Act for Fiscal Year 2015 (40 bate the political decisions that return. U.S.C. 8903 note; Public Law 113–291) author- stopped our forces before they reached I support this resolution, and I urge ized the National Desert Storm Memorial Baghdad, but it has already recorded my colleagues to vote ‘‘yes.’’ Association to establish a memorial in the and judged the effectiveness, the her- Mr. Speaker, I reserve the balance of District of Columbia to commemorate and oism, and the devotion of our Armed my time. honor the members of the Armed Forces who served on active duty in support of Operation Forces and their commanders in the Mr. MCCLINTOCK. Mr. Speaker, I Desert Storm or Operation Desert Shield; field who utterly vanquished the larg- yield such time as he may consume to and est army in the Middle East in just 100 the gentleman from Tennessee (Mr. Whereas the Secretary of the Interior has hours and who liberated the people of ROE), the author of this measure. notified Congress of the determination of the Kuwait from a hideous and sadistic oc- Mr. ROE of Tennessee. Mr. Speaker, I Secretary of the Interior that the subject of cupation. thank Mr. MCCLINTOCK for yielding. the memorial is of preeminent historical and This memorial will do more than Mr. Speaker, I rise today in support lasting significance to the United States and honor the 382 Americans who gave of this very important procedural may be located in Area I: Now, therefore, be measure to site the memorial to honor it their lives in the gulf war and ensure Resolved by the Senate and House of Rep- that they will not be forgotten. After the men and women who served and resentatives of the United States of America in all, as Lincoln said at Gettysburg: died in Operation Desert Storm and Congress assembled, That the location of the The honor they earned on the battlefield Desert Shield in Area I of the National commemorative work authorized by section cannot be added to or detracted by us, and Mall.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.016 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H63 On August 2, 1990, Saddam Hussein (H.R. 71) to provide taxpayers with an ‘‘(E) an identification of the statutes that invaded Kuwait and, in less than 24 annual report disclosing the cost and authorize the program and any major regula- hours, dominated nearly 30 percent of performance of Government programs tions specific to the program; the world’s oil supply, swiftly setting and areas of duplication among them, ‘‘(F) for any program that provides grants his sights on neighboring Saudi Arabia. or other financial assistance to individuals and for other purposes. or entities, for the most recent fiscal year— Recognizing Saudi Arabia’s importance The Clerk read the title of the bill. ‘‘(i) a description of the individuals served to the region, President George Her- The text of the bill is as follows: by the program and beneficiaries who re- bert Walker Bush launched Operation H.R. 71 ceived financial assistance under the pro- Desert Shield, the deployment of gram, including an estimate of the number Be it enacted by the Senate and House of Rep- American combat forces to Saudi Ara- of individuals and beneficiaries, to the ex- resentatives of the United States of America in bia, and ordered Saddam Hussein to re- tent practicable; Congress assembled, move Iraqi troops from Kuwait by Jan- ‘‘(ii) for each program for which the head uary 15, 1991. With Kuwait still occu- SECTION 1. SHORT TITLE. of an agency determines it is not practicable pied after the deadline passed, over This Act may be cited as the ‘‘Taxpayers to provide an estimate of the number of indi- half a million United States armed Right-To-Know Act’’. viduals and beneficiaries served by the pro- services members led coalition forces SEC. 2. INVENTORY OF GOVERNMENT PRO- gram— GRAMS. in the liberation of Kuwait—Operation ‘‘(I) an explanation of why data regarding (a) IN GENERAL.—Section 1122(a) of title 31, the number of such individuals and bene- Desert Storm. United States Code, is amended— ficiaries cannot be provided; and Of the roughly 600,000 American (1) by redesignating paragraphs (1) and (2) ‘‘(II) a discussion of the measures that troops who were deployed in both Oper- as paragraphs (2) and (3), respectively; could be taken to gather the data required to ation Desert Shield and Desert Storm, (2) by inserting before paragraph (2), as so provide such an estimate; and 294 died in theater, of which 148 were redesignated, the following: ‘‘(iii) a description of— killed in action. The United States cur- ‘‘(1) DEFINITION OF PROGRAM.—For purposes ‘‘(I) the Federal employees who administer rently lacks a national memorial dedi- of this subsection, the term ‘program’ means the program, including the number of full- cated to the valor and sacrifices made an organized set of activities by one or more time equivalents with a pro rata estimate for by those members of our Armed Forces agencies directed toward a common purpose full-time equivalents associated with mul- who fought honorably in Operation or goal.’’; tiple programs; and (3) in paragraph (2), as so redesignated— ‘‘(II) other individuals whose salary is paid Desert Shield and Desert Storm. (A) by striking ‘‘IN GENERAL.—Not later in part or full by the Federal Government Mr. Speaker, it is important to note than October 1, 2012, the Office of Manage- through a grant, contract, cooperative agree- that no Federal funds will be spent to ment and Budget shall’’ and inserting ment, or another form of financial award or build this memorial. All funds will be ‘‘WEBSITE AND PROGRAM INVENTORY.—The Di- assistance who administer or assist in any raised privately by the National Desert rector of the Office of Management and way in administering the program, including Storm War Memorial Association. We Budget shall’’; the number of full-time equivalents, to the must honor the men and women who (B) by striking subparagraph (C) and in- extent practicable; fought honorably and valiantly in sup- serting the following: ‘‘(G) links to any evaluation, assessment, port of these operations and memori- ‘‘(C) include on the website— or program performance reviews by the agen- alize those who gave a life to free an- ‘‘(i) a program inventory that shall iden- cy, an Inspector General, or the Government other. tify each program of the Federal Govern- Accountability Office (including program ment for which there is more than $1,000,000 performance reports required under section The establishment of this memorial in annual budget authority, which shall in- 1116) released during the preceding 5 years; was authorized in the National Defense clude— and Authorization Act for fiscal year 2015. ‘‘(I) any activity that is commonly referred ‘‘(H) to the extent practicable, financial Passing this resolution is simply the to as a program by a Federal agency in com- and other information for each program ac- next step in the process for site selec- munications with Congress, including any tivity required to be reported under the Fed- tion. The Secretary of the Interior has activity identified as a program in a budget eral Funding Accountability and Trans- confirmed the historical value of the request; parency Act of 2006 (31 U.S.C. 6101 note).’’; proposed memorial and deemed it wor- ‘‘(II) any activity that is commonly re- and thy of being constructed in Area I of ferred to as a program by a Federal agency (5) by adding at the end the following: Washington, D.C., which includes the in communications with the public, includ- ‘‘(4) INFORMATION FOR SMALLER PRO- ing each program for which financial awards GRAMS.—Information for each program iden- areas around other monuments to are made on a competitive basis; and tified in the program inventory required great American heroism. ‘‘(III) any activity referenced in law as a under paragraph (2) for which there is more In conclusion, Mr. Speaker, many of program after June 30, 2019; and than $1,000,000 and not more than $10,000,000 us in this Congress know many of the ‘‘(ii) for each program identified in the pro- in annual budget authority shall, at a min- people who served in Desert Storm and gram inventory, the information required imum, include— Desert Shield, many personal friends of under paragraph (3) or paragraph (4), as ap- ‘‘(A) an identification of the program ac- mine did, and many paid the ultimate plicable.’’; tivities that are aggregated, disaggregated, sacrifice. It is time now we honor those (4) in paragraph (3), as so redesignated— or consolidated as part of identifying pro- heroes of this country. (A) in the matter preceding subparagraph grams; Ms. TSONGAS. Mr. Speaker, I have (A), by striking ‘‘INFORMATION.—Information ‘‘(B) for each program activity described in no other speakers. for each program described under paragraph subparagraph (A), the amount of funding for I yield back the balance of my time. (1)’’ and inserting ‘‘INFORMATION FOR LARGER the current fiscal year and previous 2 fiscal PROGRAMS.—Information for each program years; Mr. MCCLINTOCK. Mr. Speaker, I identified in the program inventory required ‘‘(C) an identification of the statutes that urge adoption of the measure. under paragraph (2) for which there is more authorize the program and any major regula- I yield back the balance of my time. than $10,000,000 in annual budget authority’’; tions specific to the program; The SPEAKER pro tempore. The (B) by striking subparagraph (C); ‘‘(D) for any program that provides grants question is on the motion offered by (C) by redesignating subparagraph (B) as or other financial assistance to individuals the gentleman from California (Mr. subparagraph (D); or entities, a description of the individuals MCCLINTOCK) that the House suspend (D) by striking subparagraph (A) and in- served by the program and beneficiaries who the rules and pass the joint resolution, serting the following: received financial assistance under the pro- H.J. Res. 3. ‘‘(A) an identification of the program ac- gram for the most recent fiscal year; and The question was taken; and (two- tivities that are aggregated, disaggregated, ‘‘(E) links to any evaluation, assessment, thirds being in the affirmative) the or consolidated as part of identifying pro- or program performance reviews by the agen- rules were suspended and the joint res- grams; cy, an Inspector General, or the Government olution was passed. ‘‘(B) for each program activity described in Accountability Office (including program A motion to reconsider was laid on subparagraph (A), the amount of funding for performance reports required under section the current fiscal year and previous 2 fiscal 1116) released during the preceding 5 years. the table. years; ‘‘(5) ARCHIVING.—After the end of each fis- f ‘‘(C) an estimate of the amount of funding cal year, the Director of the Office of Man- TAXPAYERS RIGHT-TO-KNOW ACT for the program;’’; agement and Budget shall archive and pre- (E) in subparagraph (D), as so redesignated, serve the information included in the pro- Mr. CHAFFETZ. Mr. Speaker, I move by striking ‘‘and’’ at the end; and gram inventory required under paragraph (2) to suspend the rules and pass the bill (F) by adding at the end the following: relating to that fiscal year.’’.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.018 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H64 CONGRESSIONAL RECORD — HOUSE January 4, 2017 (b) EXPIRED GRANT FUNDING.—Not later sight and Government Reform Com- COOPER of Tennessee for his continued than February 1 of each fiscal year, the Di- mittee. bipartisan support and cosponsorship rector of the Office of Management and Mr. Speaker, I yield such time as he on this issue. Budget shall publish on a public website the may consume to the gentleman from I urge my colleagues to support this total amount of undisbursed grant funding remaining in grant accounts for which the Michigan (Mr. WALBERG). legislation. period of availability to the grantee has ex- Mr. WALBERG. Mr. Speaker, I thank Mr. CLAY. Mr. Speaker, I yield my- pired. the chairman for his leadership on this. self such time as I may consume. SEC. 3. GUIDANCE AND IMPLEMENTATION. Mr. Speaker, I rise today in support The Taxpayers Right-To-Know Act (a) GUIDANCE.—Not later than June 30, 2018, of the Taxpayers Right-To-Know Act. builds upon two existing laws that the Director of the Office of Management This bill is a bipartisan and bi- came through the Oversight and Gov- and Budget— cameral effort to provide more infor- ernment Reform Committee: the Gov- (1) shall prescribe guidance to implement mation about Federal programs and ernment Performance and Results this Act, and the amendments made by this their activities online. The American Modernization Act of 2010 and the Act; people deserve to know what their gov- DATA Act, which was signed into law (2) shall issue guidance to agencies to iden- ernment does with their hard-earned tify how the program activities used for re- in 2014. dollars. The Taxpayers Right-To-Know porting under the Federal Funding Account- b 1245 ability and Transparency Act of 2006 (31 Act will make it easier to evaluate U.S.C. 6101 note) are associated with pro- Federal Government spending by re- The Obama administration launched grams identified in the program inventory quiring Federal agencies to identify the performance.gov Web site to imple- required under section 1122(a)(2)(C)(i) of title their programs, provide basic informa- ment the GPRA Modernization Act, 31, United States Code, as amended by sub- tion like what their programs do, how and this bill would enhance the infor- section (a); they perform, and how much they cost. mation available through that Web (3) may issue guidance to agencies to en- Agencies must do a better job of man- site. sure that the programs identified in the pro- aging their programs and identifying The bill would require the Office of gram inventory required under section Management and Budget to make 1122(a)(2)(C)(i) of title 31, United States Code, areas where taxpayer dollars are wast- as amended by subsection (a), are presented ed. available on a central Web site an in- at a similar level of detail across agencies The Government Accountability Of- ventory of all Federal agency programs and are not duplicative or overlapping; and fice is tasked with reporting on dupli- that have a budget authority of more (4) may, based on an analysis of the costs cation and continues to find new areas than $1 million. of implementation, and after submitting to of duplication across the government. I thank Representative WALBERG for Congress a notification of the action by the In 6 years, GAO has identified 250 areas making changes to help address those Director— and 637 corrective actions in those concerns in the version of the bill be- (A) exempt from the requirements under fore us today. It is important that we section 1122(a) of title 31, United States areas to reduce fragmentation, overlap, Code, an agency that— or duplication or address other oppor- continue to work together to ensure (i) is not listed in section 901(b) of title 31, tunities for financial benefits. While the bill will work as intended. United States Code; and only 41 percent of recommended correc- Mr. Speaker, I reserve the balance of (ii) for the fiscal year during which the ex- tive actions have been taken, GAO esti- my time. emption is made, has budget authority (as mates this progress will result in ap- Mr. CHAFFETZ. Mr. Speaker, I yield defined in section 3 of the Congressional proximately $125 billion in financial such time as he may consume to the Budget Act of 1974 (2 U.S.C. 622)) of not more benefits and savings over 15 years. gentleman from Pennsylvania (Mr. than $10,000,000; and COSTELLO). (B) extend the implementation deadline While GAO’s work has been invalu- under subsection (b) by not more than 1 able, their ability to look comprehen- Mr. COSTELLO of Pennsylvania. Mr. year. sively at the Federal Government is in- Speaker, it is important the Federal (b) IMPLEMENTATION.—This Act, and the herently limited because of the poor Government convey to taxpayers how amendments made by this Act, shall be im- reporting by agencies about their ac- it is spending their hard-earned money. plemented not later than June 30, 2019. tivity. Quite simply, Mr. Speaker, That is why I rise in support of H.R. 71, SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. without better data, billions more will the Taxpayers Right-To-Know Act. No additional funds are authorized to carry be lost. For Federal programs authorized to out the requirements of this Act and the Current law, specifically the Govern- spend over $1 million, this bipartisan amendments made by this Act. Such require- ment Performance and Results Mod- bill would make more information ments shall be carried out using amounts ernization Act, requires agencies to re- available and accessible online so that otherwise authorized. port all their programs, their funding, taxpayers may see where their money The SPEAKER pro tempore. Pursu- and their performance information to is being spent and how the program is ant to the rule, the gentleman from the Office of Management and Budget. performing. For each Federal program Utah (Mr. CHAFFETZ) and the gen- However, OMB’s current inventory is meeting these requirements, the gov- tleman from Missouri (Mr. CLAY) each incomplete and provides inconsistent ernment would need to make public will control 20 minutes. information. This makes it more dif- several key pieces of information that The Chair recognizes the gentleman ficult and time consuming to identify are of interest to many of my constitu- from Utah. areas of waste and inefficiency. ents, including funding levels for the GENERAL LEAVE The Taxpayers Right-To-Know Act program, Federal laws that authorize Mr. CHAFFETZ. Mr. Speaker, I ask establishes an across-the-board defini- the program, regulations related to the unanimous consent that all Members tion for ‘‘program’’ and requires the program, the results of performance re- may have 5 legislative days in which to publication of detailed information on views that measure the program’s ef- revise and extend their remarks and in- each Federal program. This change will fectiveness, and any overlap of the pro- clude extraneous materials on the bill allow American taxpayers and Federal gram with another Federal program. under consideration. watchdogs to better evaluate the effec- Simply put, this bill would help al- The SPEAKER pro tempore. Is there tiveness and utility of government pro- leviate waste and prevent taxpayer dol- objection to the request of the gen- grams. lars from being spent on unnecessary, tleman from Utah? The Taxpayers Right-To-Know Act, ineffective, or duplicative programs. There was no objection. Mr. Speaker, is an important and nec- I thank Congressman TIM WALBERG Mr. CHAFFETZ. Mr. Speaker, this is essary step forward for the government and Congressman JIM COOPER for their a very good bill brought to us by lead in providing programs that are ac- continued leadership on this legisla- sponsor Mr. WALBERG of Michigan who countable, effective, and efficient. tion. has done considerable work on this not Mr. Speaker, I thank Senator Mr. Speaker, this bill did pass the only at this point, but in Congresses of LANKFORD for his work on the Senate House without any objection in the the past. We have cosponsorship from a companion bill in the last Congress, last session, and I would, once again, number of people on both sides of the which will be reintroduced in future urge my colleagues to support this aisle—five members within the Over- weeks. I also thank Representative commonsense bill.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A04JA7.003 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H65 Mr. CLAY. Mr. Speaker, I yield back ‘‘(2) DURATION OF REPORTING REQUIRE- ‘‘(i) a Presidential archival depository; or the balance of my time. MENT.—The requirement to submit informa- ‘‘(ii) any facilities relating to a Presi- Mr. CHAFFETZ. Mr. Speaker, I yield tion under paragraph (1) shall continue until dential archival depository.’’. myself the balance of my time. the later of the following occurs: (b) APPLICABILITY.—Section 2112(h) of title ‘‘(A) The Archivist has accepted, taken 44, United States Code (as added by sub- I am thankful for the good work by title to, or entered into an agreement to use section (a))— Mr. WALBERG and Mr. COOPER, who also any land or facility for the Presidential ar- (1) shall apply to an organization estab- serve on the Oversight and Government chival depository for the President for whom lished for the purpose of raising funds for Reform Committee. I thank Mr. CLAY the Presidential library fundraising organi- creating, maintaining, expanding, or con- and, certainly, Mr. CUMMINGS. zation was established. ducting activities at a Presidential archival In the 114th Congress, this bill was ‘‘(B) The President whose archives are con- depository or any facilities relating to a able to pass overwhelmingly in the tained in the deposit no longer holds the Of- Presidential archival depository before, on, fice of President. House by a vote of 413–0—with no oppo- or after the date of the enactment of this ‘‘(3) INFORMATION REQUIRED TO BE PUB- Act; and sition. It is truly bipartisan and bi- LISHED.—The Archivist shall publish on the (2) shall only apply with respect to con- cameral. It is a good bill. I thank Sen- website of the National Archives and tributions (whether monetary or in-kind) ator JAMES LANKFORD of Oklahoma for Records Administration, within 30 days after made after the date of the enactment of this his work on the Senate side, and we do each quarterly filing, any information that Act. hope that it will make it swiftly is submitted under paragraph (1), without a SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. through the Senate. fee or other access charge in a downloadable No additional funds are authorized to carry The Taxpayers Right-To-Know Act database. out the requirements of this Act and the ‘‘(4) SUBMISSION OF FALSE MATERIAL INFOR- amendments made by this Act. Such require- provides the public and Congress with MATION PROHIBITED.— increased transparency about Federal ments shall be carried out using amounts ‘‘(A) INDIVIDUAL.— otherwise authorized. programs, including how much they ‘‘(i) PROHIBITION.—It shall be unlawful for cost and any benefits that they pro- any person who makes a contribution de- The SPEAKER pro tempore. Pursu- vide. It sounds like a good and worthy scribed in paragraph (1) to knowingly and ant to the rule, the gentleman from thing to do, and it passed the previous willfully submit false material information Utah (Mr. CHAFFETZ) and the gen- Congress. I urge my colleagues to vote or omit material information with respect to tleman from Missouri (Mr. CLAY) each the contribution to an organization de- in favor of it here in the 115th Con- will control 20 minutes. scribed in such paragraph. The Chair recognizes the gentleman gress, and I am glad it is one of the ‘‘(ii) PENALTY.—The penalties described in first things that we are doing. section 1001 of title 18, United States Code, from Utah. Mr. Speaker, I yield back the balance shall apply with respect to a violation of GENERAL LEAVE of my time. clause (i) in the same manner as a violation Mr. CHAFFETZ. Mr. Speaker, I ask The SPEAKER pro tempore. The described in such section. unanimous consent that all Members question is on the motion offered by ‘‘(B) ORGANIZATION.— may have 5 legislative days in which to ‘‘(i) PROHIBITION.—It shall be unlawful for revise and extend their remarks and to the gentleman from Utah (Mr. any Presidential library fundraising organi- CHAFFETZ) that the House suspend the zation to knowingly and willfully submit include extraneous material on the bill rules and pass the bill, H.R. 71. false material information or omit material under consideration. The question was taken; and (two- information under paragraph (1). The SPEAKER pro tempore. Is there thirds being in the affirmative) the ‘‘(ii) PENALTY.—The penalties described in objection to the request of the gen- rules were suspended and the bill was section 1001 of title 18, United States Code, tleman from Utah? passed. shall apply with respect to a violation of There was no objection. A motion to reconsider was laid on clause (i) in the same manner as a violation Mr. CHAFFETZ. Mr. Speaker, I yield described in such section. such time as he may consume to the the table. ‘‘(5) PROHIBITION ON CONTRIBUTION.— gentleman from Tennessee (Mr. DUN- f ‘‘(A) IN GENERAL.—It shall be unlawful for CAN), who has championed this effort PRESIDENTIAL LIBRARY a person to knowingly and willfully— ‘‘(i) make a contribution described in para- for quite a while. He is passionate DONATION REFORM ACT OF 2017 graph (1) in the name of another person; about this, and he has poured his heart Mr. CHAFFETZ. Mr. Speaker, I move ‘‘(ii) permit his or her name to be used to and soul into it. to suspend the rules and pass the bill effect a contribution described in paragraph Mr. DUNCAN of Tennessee. I thank (H.R. 73) to amend title 44, United (1); or the chairman for yielding to me and for ‘‘(iii) accept a contribution described in his support of this legislation. States Code, to require information on paragraph (1) that is made by one person in contributors to Presidential library the name of another person. Mr. Speaker, this is very simple, bi- fundraising organizations, and for ‘‘(B) PENALTY.—The penalties set forth in partisan legislation that would require other purposes. section 309(d) of the Federal Election Cam- organizers of Presidential libraries to The Clerk read the title of the bill. paign Act of 1971 (2 U.S.C. 437g(d)) shall disclose the identities of donors and The text of the bill is as follows: apply to a violation of subparagraph (A) in the amounts they give. It wouldn’t H.R. 73 the same manner as if such violation were a limit any donations; it would simply violation of section 316(b)(3) of such Act (2 require disclosure. I introduced this Be it enacted by the Senate and House of Rep- U.S.C. 441b(b)(3)). resentatives of the United States of America in legislation several Congresses ago be- ‘‘(6) REGULATIONS REQUIRED.—The Archi- Congress assembled, vist shall promulgate regulations for the cause I felt then and feel now that the SECTION 1. SHORT TITLE. purpose of carrying out this subsection. public should be made aware of pos- This Act may be cited as the ‘‘Presidential ‘‘(7) DEFINITIONS.—In this subsection: sible conflicts of interest that sitting Library Donation Reform Act of 2017’’. ‘‘(A) INFORMATION.—The term ‘informa- Presidents can have or may have while SEC. 2. PRESIDENTIAL LIBRARIES. tion’ means the following: raising funds for their libraries. (a) IN GENERAL.—Section 2112 of title 44, ‘‘(i) The amount or value of each contribu- First of all, I thank Ranking Member United States Code, is amended by adding at tion made by a contributor referred to in CUMMINGS for again cosponsoring this the end the following new subsection: paragraph (1) in the quarter covered by the very important legislation and making ‘‘(h) PRESIDENTIAL LIBRARY FUNDRAISING submission. ORGANIZATION REPORTING REQUIREMENT.— ‘‘(ii) The source of each such contribution, it bipartisan. The legislation is so bi- ‘‘(1) REPORTING REQUIREMENT.—Not later and the address of the entity or individual partisan that, after the first time we than 15 days after the end of a calendar quar- that is the source of the contribution. passed the bill—and it passed 392–3—it ter and until the end of the requirement pe- ‘‘(iii) If the source of such a contribution is was taken over, at my request and with riod described in paragraph (2), each Presi- an individual, the occupation of the indi- my agreement, by then-Chairman Wax- dential library fundraising organization vidual. man, who made it his bill. We passed it shall submit to the Archivist information for ‘‘(iv) The date of each such contribution. once again, and we passed it in the last that quarter in an electronic searchable and ‘‘(B) PRESIDENTIAL LIBRARY FUNDRAISING Congress by a simple voice vote, so sortable format with respect to every con- ORGANIZATION.—The term ‘Presidential li- tributor who gave the organization a con- brary fundraising organization’ means an or- there is a lot of support for this bill. In tribution or contributions (whether mone- ganization that is established for the purpose the Senate, it was introduced by Mr. tary or in-kind) totaling $200 or more for the of raising funds for creating, maintaining, CARPER and Mr. Coburn, when he was quarterly period. expanding, or conducting activities at— in the Senate. We need to get some

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.022 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H66 CONGRESSIONAL RECORD — HOUSE January 4, 2017 more interest over there, and I think Mr. CLAY. Mr. Speaker, I yield my- government, bipartisan legislation that we are going to be able to do that in self such time as I may consume. is perfect to be one of the first bills to this Congress. I thank my long-time friend Rep- pass out of the 115th Congress. Last Mr. Speaker, we do not know who resentative DUNCAN and Ranking Mem- Congress, this legislation passed these donors to the Presidential librar- ber CUMMINGS for sponsoring this bill. through the committee by regular ies are or what interests they may Representative DUNCAN first sponsored order and passed the House of Rep- have on any pending policy decisions a bill to improve Presidential libraries resentatives without opposition. that are to be made. I think that our 17 years ago. I hope we can now, fi- President Franklin Roosevelt estab- government needs to operate in the nally, get this important legislation lished the first Presidential library in open, not with secrecy. This legislation enacted. 1939. Since then, every former Presi- will apply to all future Presidential li- The Presidential Library Donation dent since Herbert Hoover has had a li- braries and mandate, regardless of Reform Act would make the process for brary dedicated to his Presidential party, that the names of the donors building Presidential libraries more records. Each of the 13 current libraries and the amounts they contribute be transparent. Presidential libraries have is managed and operated by the Na- disclosed. I would like to add that this become increasingly more expensive as tional Archives and Records Adminis- legislation will apply to President they have evolved into multipurpose tration at an annual cost of roughly $75 Trump’s future Presidential library. centers. The George W. Bush Presi- million. While these facilities are oper- This will require him to disclose more dential Center cost an estimated $250 ated at taxpayer expense, the construc- than any other President has ever had million to build, and President Bush tion of these libraries is privately fi- to disclose before. This will be an un- raised, approximately, $500 million for nanced through donations. precedented disclosure, and it falls in the building and an endowment for his As the volume of records for each line with his stated desire to drain the library, museum, and institute. President has increased over the years, swamp. Any sitting President has a Under current law, there is no re- so have construction costs. For exam- great deal of power. Funds should not quirement to disclose the identities of ple, when it opened in 2004, the Clinton be raised for a Presidential library in those who donate to a Presidential li- Presidential Center, in part, cost ap- his honor without some type of public brary and to a President while he is proximately $165 million. disclosure. still in office. He is able to raise an un- b 1300 I decided to introduce this bill after limited amount of private donations. news reports surrounding a proposed Requiring the disclosures of donors Nine years later, the George W. Bush Presidential library exposed that for- would help prevent the trading of polit- Presidential Center, which opened in eign governments from the Middle East ical favors in exchange for donations. 2013, cost about $250 million. The Chi- were making very large donations. This bill would require organizations cago Tribune has reported that Presi- Then, in 2007, The Washington Post re- that raise money to build Presidential dent Obama’s library might cost as ported that President Clinton’s Presi- libraries to disclose the identity of any much as $500 million. dential library raised a substantial per- individual who donates more than $200. Despite these escalating costs, there centage of the cost of its facility with The National Archives and Records Ad- are no transparency requirements for foreign contributions. However, this is ministration would then be required to Presidential library fundraising orga- not a partisan issue. I have introduced post the donation information online. nizations. Here, transparency is impor- this and supported this legislation The bill would also create criminal tant and very much needed. under both Democratic and Republican penalties for individuals who report This bill will require Presidential li- Presidents. The Presidential Library false information on donations and for brary fundraising organizations to dis- Donation Reform Act of 2017 would fundraising organizations that omit do- close to the National Archives con- bring clarity to the process of planning nation information. tributions in excess of $200 in any fiscal and building these Presidential librar- As was mentioned earlier, a group of quarter in a searchable and sortable ies. 15 good government organizations, in- format. In turn, the National Archives In 2013, Sunlight Foundation Policy cluding CREW and the Sunlight Foun- will post this data online. Director Daniel Schuman endorsed an dation, sent a letter that urged the This disclosure requirement would earlier version of this bill during a House to support this bill. Here is what end once control of a library facility is hearing in front of our House Oversight they wrote: transferred to the National Archives. and Government Reform Committee, This ensures compliance costs of this where he said it ‘‘would provide valu- Under the current opaque system, Presi- dents raise funds privately to establish their legislation are minimal for both fund- able information on special interests Presidential libraries. raising organizations and the National whose donations put them in close These efforts, which often begin long be- Archives. proximity with Presidents.’’ fore they leave office, are unregulated and This legislation is bipartisan. It is Even Richard Cohen, the very liberal undisclosed, creating opportunities for—or not intended to target any one indi- columnist for The Washington Post, the appearance of—influence peddling. Im- vidual. The Presidential Library Dona- once said about this bill: ‘‘But surely it proved transparency would help reduce the tion Reform Act has passed the House would be anything from interesting to appearance of impropriety and help deter four times since 2002, with over- any inappropriate behavior. illustrative to just plain damning to whelming support with both Demo- see what names are on that list and for This bill was approved, without oppo- cratic and Republican majorities in what amounts.’’ Our citizens have the sition, by the Committee on Oversight place at the time. right to know the details of these fund- and Government Reform, and it passed I would like to, again, highlight and raising activities. the House last year without opposition. thank my colleague, Representative This bill has been introduced by the I urge every Member of this body to DUNCAN. I do appreciate his efforts on Center for Media and Democracy; the support this bill. this. I do hope that the 115th Congress Center for Responsive Politics; the Mr. Speaker, I reserve the balance of is the time that the Senate will see fit Citizens for Responsibility and Ethics my time. to pass this bill to the President’s in Washington, often known as CREW; Mr. CHAFFETZ. Mr. Speaker, I yield desk. Common Cause; Public Citizen; the So- myself such time as I may consume. I have no additional speakers. ciety of Professional Journalists; and As has been highlighted here by Mr. I reserve the balance of my time. many others. CLAY and by me, there is good bipar- Mr. CLAY. Mr. Speaker, I have no ad- USA Today wrote a very favorable tisan work that has gone on for far too ditional speakers, and I just urge this editorial about this bill, and it has long. It is time to pass this bill. I real- body to adopt the legislation. been mentioned favorably in many pub- ly do appreciate the good work Mr. I yield back the balance of my time. lications across the years. I think it is DUNCAN of Tennessee has done and the Mr. CHAFFETZ. Mr. Speaker, I urge a bill that everybody on both sides of work of Ranking Member CUMMINGS of its passage. the aisle can support, and I ask my col- Maryland. I yield back the balance of my time. leagues to support this very bipartisan The Presidential Library Donation The SPEAKER pro tempore. The legislation. Reform Act of 2017 is the type of good- question is on the motion offered by

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.024 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H67 the gentleman from Utah (Mr. ment through the official website of the used by the advisory committee in formu- CHAFFETZ) that the House suspend the agency. The agency shall consider any com- lating the advice and recommendations when rules and pass the bill, H.R. 73. ments submitted under this subsection in se- they are transmitted to the agency.’’; and lecting the members of an advisory com- The question was taken; and (two- (2) in section 10— mittee. (A) in the section heading, by inserting ‘‘; thirds being in the affirmative) the ‘‘(d) DESIGNATION OF COMMITTEE MEM- CHAIR’’ after ‘‘ATTENDANCE’’; and rules were suspended and the bill was BERS.— (B) by inserting after subsection (f) the fol- passed. ‘‘(1) An individual appointed to an advisory lowing new subsection: A motion to reconsider was laid on committee who is not a full-time or perma- ‘‘(g) The Chair shall not be an employee of the table. nent part-time officer or employee of the the agency to which the advisory committee Federal Government shall be designated as— reports, unless— f ‘‘(A) a special Government employee, if the ‘‘(1) a statute specifically authorizes selec- FEDERAL ADVISORY COMMITTEE individual is providing advice based on the tion of such an employee as the Chair; or ACT AMENDMENTS OF 2017 individual’s expertise or experience; or ‘‘(2) the head of the agency directs an em- ‘‘(B) a representative, if the individual is ployee to serve as the Chair.’’. Mr. CHAFFETZ. Mr. Speaker, I move representing the views of an entity or enti- SEC. 3. PREVENTING EFFORTS TO CIRCUMVENT to suspend the rules and pass the bill ties outside of the Federal Government. THE FEDERAL ADVISORY COM- (H.R. 70) to amend the Federal Advi- ‘‘(2) An agency may not designate com- MITTEE ACT AND PUBLIC DISCLO- sory Committee Act to increase the mittee members as representatives to avoid SURE. transparency of Federal advisory com- subjecting them to Federal ethics rules and (a) DE FACTO MEMBERS.—Section 4 of the mittees, and for other purposes. requirements. Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the The Clerk read the title of the bill. ‘‘(3) The designated agency ethics official for each agency shall review the members of following new subsection: The text of the bill is as follows: each advisory committee that reports to the ‘‘(d) TREATMENT OF INDIVIDUAL AS MEM- H.R. 70 agency to determine whether each member’s BER.—An individual who is not a full-time or Be it enacted by the Senate and House of Rep- designation is appropriate, and to redesig- permanent part-time officer or employee of resentatives of the United States of America in nate members if appropriate. The designated the Federal Government shall be regarded as Congress assembled, agency ethics official shall certify to the a member of a committee if the individual regularly attends and participates in com- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. head of the agency that such review has been mittee meetings as if the individual were a (a) SHORT TITLE.—This Act may be cited as made— member, even if the individual does not have the ‘‘Federal Advisory Committee Act ‘‘(A) following the initial appointment of the right to vote or veto the advice or rec- Amendments of 2017’’. members; and ommendations of the advisory committee.’’. (b) TABLE OF CONTENTS.—The table of con- ‘‘(B) at the time a committee’s charter is (b) SUBCOMMITTEES.—Section 4 of the Fed- tents for this Act is as follows: renewed, or, in the case of a committee with an indefinite charter, every 2 years. eral Advisory Committee Act (5 U.S.C. App.), Sec. 1. Short title; table of contents. ‘‘(4) The head of each agency shall inform as amended by subsection (a) of this section, Sec. 2. Ensuring independent advice and ex- each individual appointed to an advisory is further amended by striking subsection (a) pertise. committee that reports to the agency wheth- and inserting the following: Sec. 3. Preventing efforts to circumvent the er the individual is appointed as a special ‘‘(a) APPLICATION.—The provisions of this Federal Advisory Committee Government employee or as a representative. Act or of any rule, order, or regulation pro- Act and public disclosure. The agency head shall provide each com- mulgated under this Act shall apply to each Sec. 4. Increasing transparency of advisory mittee member with an explanation of the advisory committee, including any sub- committees. differences between special Government em- committee or subgroup thereof, except to the Sec. 5. Managing Federal advisory commit- ployees and representatives and a summary extent that any Act of Congress establishing tees. of applicable ethics requirements. The agen- any such advisory committee specifically Sec. 6. Comptroller General review and re- cy head, acting through the designated agen- provides otherwise. Any subcommittee or ports. cy ethics official, shall obtain signed and subgroup that reports to a parent committee Sec. 7. Application of Federal Advisory dated written confirmation from each com- established under section 9(a) is not required Committee Act to Trade Advi- mittee member that the member received to comply with section 9(f).’’. sory Committees. (c) COMMITTEES CREATED UNDER CON- and reviewed the information required by Sec. 8. Definitions. TRACT.—Section 3(2) of the Federal Advisory this paragraph. Sec. 9. Technical and conforming amend- Committee Act (5 U.S.C. App.) is amended in ‘‘(5) The Director of the Office of Govern- ments. the matter following subparagraph (C) by ment Ethics shall provide guidance to agen- Sec. 10. Effective date. adding at the end the following: ‘‘An advi- cies on what to include in the summary of Sec. 11. No additional funds authorized. sory committee is considered to be estab- ethics requirements required by paragraph SEC. 2. ENSURING INDEPENDENT ADVICE AND lished by an agency, agencies, or the Presi- (4). EXPERTISE. dent if it is formed, created, or organized ‘‘(6) The head of each agency shall, to the (a) BAR ON POLITICAL LITMUS TESTS.—Sec- under contract, other transactional author- extent practicable, develop and implement tion 9 of the Federal Advisory Committee ity, cooperative agreement, grant, or other- strategies to minimize the need for written Act (5 U.S.C. App.) is amended— wise at the request or direction of an agency, determinations under section 208(b)(3) of (1) in the section heading, by inserting agencies, or the President.’’. title 18, United States Code. Strategies may ‘‘MEMBERSHIP;’’ after ‘‘ADVISORY COMMIT- (d) ADVISORY COMMITTEES CONTAINING SPE- include such efforts as improving outreach TEES;’’; CIAL GOVERNMENT EMPLOYEES.—Section 4 of efforts to potential committee members and (2) by redesignating subsections (b) and (c) the Federal Advisory Committee Act (5 seeking public input on potential committee as subsections (e) and (f), respectively; and U.S.C. App.), as amended by subsections (a) members.’’. (3) by inserting after subsection (a) the fol- and (b) of this section, is further amended by (c) REGULATIONS IMPLEMENTING FACA.— lowing: Section 7(c) of the Federal Advisory Com- adding at the end the following new sub- ‘‘(b) APPOINTMENTS MADE WITHOUT REGARD mittee Act (5 U.S.C. App.) is amended by in- section: TO POLITICAL AFFILIATION OR ACTIVITY.—All serting ‘‘promulgate regulations and’’ after ‘‘(e) SPECIAL GOVERNMENT EMPLOYEES.— appointments to advisory committees shall ‘‘The Administrator shall’’. Committee members appointed as special be made without regard to political affili- (d) ENSURING INDEPENDENT ADVICE AND Government employees shall not be consid- ation or political activity, unless required by RECOMMENDATIONS.—The Federal Advisory ered full-time or permanent part-time offi- Federal statute.’’. Committee Act (5 U.S.C. App.) is amended— cers or employees of the Federal Govern- (b) MINIMIZING CONFLICTS OF INTEREST.— (1) in section 8— ment for purposes of determining the appli- Section 9 of the Federal Advisory Committee (A) in the section heading, by inserting cability of this Act under section 3(2).’’. Act (5 U.S.C. App.), as amended by sub- ‘‘INDEPENDENT ADVICE AND RECOMMENDA- SEC. 4. INCREASING TRANSPARENCY OF ADVI- section (a) of this section, is further amend- TIONS;’’ after ‘‘RESPONSIBILITIES OF AGENCY SORY COMMITTEES. ed by inserting after subsection (b) (as added HEADS;’’; (a) INFORMATION REQUIREMENT.—Section 11 by such subsection (a)) the following: (B) by redesignating subsection (b) as sub- of the Federal Advisory Committee Act (5 ‘‘(c) PUBLIC NOMINATIONS OF COMMITTEE section (c); and U.S.C. App.) is amended to read as follows: MEMBERS.—Prior to appointing members to (C) by inserting after subsection (a) the fol- ‘‘SEC. 11. DISCLOSURE OF INFORMATION. an advisory committee, the head of an agen- lowing: ‘‘(a) IN GENERAL.—With respect to each ad- cy shall give interested persons an oppor- ‘‘(b) The head of each agency shall ensure visory committee, the head of the agency to tunity to suggest potential committee mem- that the agency does not interfere with the which the advisory committee reports shall bers. The agency shall include a request for free and independent participation, expres- make publicly available in accordance with comments in the Federal Register notice re- sion of views, and deliberation by committee subsection (b) the following information: quired under subsection (a) and provide a members. Each advisory committee shall in- ‘‘(1) The charter of the advisory com- mechanism for interested persons to com- clude a statement describing the process mittee.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.027 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H68 CONGRESSIONAL RECORD — HOUSE January 4, 2017 ‘‘(2) A description of the process used to es- to the information made available by each ‘‘(3) assemble and maintain the reports, tablish and appoint the members of the advi- agency under this section. records, and other papers (including advisory sory committee, including the following: ‘‘(d) AVAILABILITY OF MEETING MATE- committee meeting materials) of any such ‘‘(A) The process for identifying prospec- RIALS.—Except where prohibited by contrac- committee during its existence; tive members. tual agreements entered into prior to the ef- ‘‘(4) ensure any such committee and cor- ‘‘(B) The process of selecting members for fective date of this Act, agencies and advi- responding agency staff adhere to the provi- balance of viewpoints or expertise. sory committees shall make available to any sions of this Act and any regulations pro- ‘‘(C) The reason each member was ap- person, at actual cost of duplication, copies mulgated pursuant to this Act; pointed to the committee. of advisory committee meeting materials.’’. ‘‘(5) maintain records on each employee of ‘‘(D) A justification of the need for rep- (b) CHARTER FILING.—Subsection (f) of sec- any such committee and completion of train- resentative members, if any. tion 9 of the Federal Advisory Committee ing required for any such employee; ‘‘(3) A list of all current members, includ- Act (5 U.S.C. App.), as redesignated by sec- ‘‘(6) be responsible for providing the infor- ing, for each member, the following: tion 2(a) of this Act, is amended to read as mation required in section 7(b) of this Act to ‘‘(A) The name of any person or entity that follows: the Administrator; and nominated the member. ‘‘(f) No advisory committee shall meet or ‘‘(7) carry out, on behalf of that agency, ‘‘(B) Whether the member is designated as take any action until an advisory committee the provisions of section 552 of title 5, United a special Government employee or a rep- charter has been filed with the Adminis- States Code, with respect to the reports, resentative. trator, the head of the agency to whom any records, and other papers described in para- ‘‘(C) In the case of a representative, the in- advisory committee reports, and the stand- graph (3).’’. dividuals or entity whose viewpoint the ing committees of the Senate and of the SEC. 6. COMPTROLLER GENERAL REVIEW AND member represents. House of Representatives having legislative REPORTS. ‘‘(4) A list of all members designated as jurisdiction of such agency. Such charter (a) REVIEW.—The Comptroller General of special Government employees for whom shall contain the following information in the United States shall review compliance by written certifications were made under sec- the following order: agencies with the Federal Advisory Com- tion 208(b) of title 18, United States Code, a ‘‘(1) The committee’s official designation. mittee Act, as amended by this Act, includ- copy of each such certification, a summary ‘‘(2) The authority under which the com- ing whether agencies are appropriately ap- description of the conflict necessitating the mittee is established. pointing advisory committee members as ei- certification, and the reason for granting the ‘‘(3) The committee’s objectives and the ther special Government employees or rep- certification. scope of its activity. resentatives. ‘‘(5) Any recusal agreement made by a ‘‘(4) A description of the duties for which (b) REPORT.—The Comptroller General member or any recusal known to the agency the committee is responsible, and, if such du- shall submit to the committees described in that occurs during the course of a meeting or ties are not solely advisory, a specification subsection (c) two reports on the results of other work of the committee. of the authority for such functions. the review, as follows: ‘‘(6) A summary of the process used by the ‘‘(5) The agency or official to whom the (1) The first report shall be submitted not advisory committee for making decisions. committee reports. later than one year after the date of promul- ‘‘(7) Detailed minutes of all meetings of ‘‘(6) The agency responsible for providing gation of regulations under section 7(c) of the committee and a description of com- the necessary support for the committee. the Federal Advisory Committee Act (5 mittee efforts to make meetings accessible ‘‘(7) The responsibilities of the officer or U.S.C. App.), as amended by section 2(c). to the public using online technologies (such employee of the Federal Government des- (2) The second report shall be submitted as video recordings) or other techniques ignated under section 10(e). not later than five years after such date of (such as audio recordings). ‘‘(8) The estimated number and frequency promulgation of regulations. of committee meetings. ‘‘(8) Any written determination by the (c) COMMITTEES.—The committees de- President or the head of the agency to which ‘‘(9) The period of time necessary for the scribed in this subsection are the Committee the advisory committee reports, pursuant to committee to carry out its purposes. on Oversight and Government Reform of the section 10(d), to close a meeting or any por- ‘‘(10) The committee’s termination date, if House of Representatives and the Committee tion of a meeting and the reasons for such less than two years from the date of the on Homeland Security and Governmental Af- determination. committee’s establishment. fairs of the Senate. ‘‘(9) Notices of future meetings of the com- ‘‘(11) The estimated number of members mittee. and a description of the expertise needed to SEC. 7. APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT TO TRADE ADVI- ‘‘(10) Any additional information consid- carry out the objectives of the committee. SORY COMMITTEES. ‘‘(12) A description of whether the com- ered relevant by the head of the agency to Section 135(f)(2)(A) of the Trade Act of 1974 mittee will be composed of special Govern- which the advisory committee reports. (19 U.S.C. 2155(f)(2)(A)) is amended by strik- ment employees, representatives, or mem- ‘‘(b) MANNER OF DISCLOSURE.— ing ‘‘subsections (a) and (b) of sections 10 and bers from both categories. ‘‘(1) IN GENERAL.—Except as provided in 11 of the Federal Advisory Committee Act’’ ‘‘(13) Whether the agency intends to create paragraph (2), the head of an agency shall and inserting ‘‘subsections (a) and (b) of sec- subcommittees and if so, the agency official make the information required to be dis- tion 10 and subsections (a)(7), (a)(8), (a)(9), authorized to exercise such authority. closed under this section available electroni- (b)(2), and (d) of section 11 of the Federal Ad- ‘‘(14) The estimated annual operating costs cally on the official public website of the visory Committee Act’’. agency and to the Administrator at least 15 in dollars and full-time equivalent positions SEC. 8. DEFINITIONS. calendar days before each meeting of an ad- for such committee. visory committee. If the head of the agency ‘‘(15) The recordkeeping requirements of Section 3 of the Federal Advisory Com- determines that such timing is not prac- the committee. mittee Act (5 U.S.C. App.) is amended by ticable for any required information, such ‘‘(16) The date the charter is filed. adding at the end the following new para- graph: head shall make the information available as A copy of any such charter shall also be fur- ‘‘(5) The term ‘special Government em- soon as practicable but no later than 48 nished to the Library of Congress.’’. hours before the next meeting of the com- ployee’ has the meaning given that term in SEC. 5. MANAGING FEDERAL ADVISORY COMMIT- section 202(a) of title 18, United States mittee. An agency may withhold from dis- TEES. Code.’’. closure any information that would be ex- (a) COMMITTEE MANAGEMENT OFFICERS.— empt from disclosure under section 552 of Subsection (c) of section 8 of the Federal Ad- SEC. 9. TECHNICAL AND CONFORMING AMEND- title 5, United States Code. visory Committee Act (5 U.S.C. App.), as re- MENTS. ‘‘(2) WEBSITE AVAILABILITY.—The head of designated by section 2(d) of this Act, is Section 7(d)(1) of the Federal Advisory an agency shall make available electroni- amended to read as follows: Committee Act (5 U.S.C. App.) is amended— cally, on the official public website of the ‘‘(c) The head of each agency that has an (1) in subparagraph (A), by striking ‘‘the agency, detailed minutes and, to the extent advisory committee shall designate an Advi- rate specified for GS–18 of the General available, a transcript or audio or video re- sory Committee Management Officer who Schedule under section 5332’’ and inserting cording of each advisory committee meeting shall— ‘‘the rate for level IV of the Executive not later than 30 calendar days after such ‘‘(1) be a senior official who is— Schedule under section 5315’’; and meeting. ‘‘(A) an expert in implementing the re- (2) in subparagraph (C)(i), by striking ‘‘(3) GRANT REVIEWS.—In the case of grant quirements of this Act and regulations pro- ‘‘handicapped individuals (within the mean- reviews, disclosure of information required mulgated pursuant to this Act; and ing of section 501 of the Rehabilitation Act by subsection (a)(3) may be provided in the ‘‘(B) the primary point of contact for the of 1973 (29 U.S.C. 794))’’ and inserting ‘‘indi- aggregate rather than by individual grant. General Services Administration; viduals with disabilities (as defined in sec- ‘‘(c) PROVISION OF INFORMATION BY ADMINIS- ‘‘(2) be responsible for the establishment, tion 7(20) of the Rehabilitation Act of 1973 (29 TRATOR OF GENERAL SERVICES.—The Admin- management, and supervision of the advisory U.S.C. 705(20)))’’. istrator of General Services shall provide, on committees of the agency, including estab- SEC. 10. EFFECTIVE DATE. the official public website of the General lishing procedures, performance measures, This Act shall take effect 30 days after the Services Administration, electronic access and outcomes for such committees; date of the enactment of this Act.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A04JA7.005 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H69 SEC. 11. NO ADDITIONAL FUNDS AUTHORIZED. scheduled by the Majority Leader. This dis- on this. The Federal Advisory Com- No additional funds are authorized to carry charge in no way affects your jurisdiction mittee Act Amendments of 2017 was in- out the requirements of this Act and the over the subject matter of the bill, and it troduced by Representative CLAY to amendments made by this Act. Such require- will not serve as precedent for future refer- help improve the governance and trans- ments shall be carried out using amounts rals. In addition, should a conference on the otherwise authorized. bill be necessary, I would support your re- parency of the Federal advisory com- quest to have the Committee on Ways and mittees. Last Congress, this bill passed The SPEAKER pro tempore. Pursu- through the committee by regular ant to the rule, the gentleman from Means represented on the conference com- mittee. Finally, I would be pleased to in- order and passed the House. Utah (Mr. CHAFFETZ) and the gen- clude this letter and any response in the bill Congress acknowledged the merits of tleman from Missouri (Mr. CLAY) each report filed by the Committee on Oversight using advisory committees to acquire will control 20 minutes. and Government Reform, as well as in the viewpoints from business, academic, The Chair recognizes the gentleman Congressional Record during floor consider- and other interests when it passed the from Utah. ation, to memorialize our understanding. Thank you for your consideration of my original act back in 1972. While not GENERAL LEAVE request. necessarily well-known, Federal advi- Mr. CHAFFETZ. Mr. Speaker, I ask Sincerely, sory committees are small bodies of unanimous consent that all Members JASON CHAFFETZ, people who provide advice, guidance, may have 5 legislative days in which to Chairman. and recommendation to Federal policy- revise and extend their remarks and in- Mr. CHAFFETZ. Mr. Speaker, this is makers on a wide range of topics. clude extraneous materials on the bill a bill that the primary sponsor is actu- All told, in fiscal year 2015, there under consideration. ally the gentleman from Missouri (Mr. were roughly 1,000 Federal advisory The SPEAKER pro tempore. Is there CLAY). I reserve the balance of my time committees, and they held roughly objection to the request of the gen- in order to allow Mr. CLAY to speak 7,400 meetings at a cost to the Amer- tleman from Utah? first on this issue, Mr. Speaker. ican taxpayers of more than $369 mil- There was no objection. Mr. CLAY. Mr. Speaker, I yield my- lion. Now, this strikes me personally as Mr. CHAFFETZ. Mr. Speaker, I self such time as I may consume. an exceptionally high number. It is a would like to thank the Committee on Let me begin by thanking the chair- large amount of money. We need to Ways and Means for their work on this man for his understanding and his sup- learn more about them, and I person- bill; and I include committee ex- port of this legislation. I certainly ap- ally would help champion to reduce the changes of letters into the RECORD. preciate it, and I am sure it will make number of overall Federal advisory COMMITTEE ON WAYS AND MEANS, the Federal Government run more effi- committees. HOUSE OF REPRESENTATIVES, ciently. We have some 2 million Federal em- Washington, DC, January 4, 2017. I rise in strong support of the Federal ployees, I think, who are highly capa- Hon. JASON CHAFFETZ, Advisory Committee Act Amendments. ble, motivated, and compensated to Chairman, Committee on Oversight and Govern- I have introduced this bill in previous provide this work. It is good to get out- ment Reform, House of Representatives, Congresses, and it passed the House side perspective; but, at some point, we Washington, DC. last year without opposition. are going to have to look at the cost, DEAR CHAIRMAN CHAFFETZ, I am writing The FACA was originally enacted in with respect to H.R. 70, the ‘‘Federal Advi- the size, and the scope of this as well. sory Committee Act Amendments of 2017,’’ 1972. It is intended to ensure that com- Nevertheless, we have to make sure which was referred to the Committee on mittees that provide advice to Federal that we are getting the most of these Oversight and Government Reform. agencies and the President operate taxpayer dollars. H.R. 70 involves issues that fall within the with transparency. Some agencies believe the FACA re- Rule X jurisdiction of the Committee on Advisory committees provide the quirements are cumbersome and re- Ways and Means. As a result of your having government with recommendations on source intensive. We could certainly consulted with the Committee and in order a wide range of issues. For example, streamline this. This reduces the abil- to expedite the House’s consideration of H.R. the EPA relies on the expertise of the ity of committees to focus on sub- 70, the Committee on Ways and Means will Clean Air Scientific Advisory Com- stantive issues in a timely fashion. not assert its jurisdictional claim over this bill. However, this is conditional on our mu- mittee to provide technical advice on Both governmental agencies and pri- tual understanding and agreement that setting national air quality standards. vate groups say the 1972 act does not do doing so will in no way diminish or alter the The bill we are considering today enough to require agencies to promote jurisdiction of the Committee on Ways and would strengthen FACA to make Fed- openness and transparency with regard Means with respect to the appointment of eral advisory committees more trans- to Federal advisory committees. The conferees or to any future jurisdictional parent and to make agencies more ac- bill works to address these problems claim over the subject matters contained in countable in how they select and use and bring transparency to the Federal die bill or similar legislation. these committees. Agencies currently advisory committees and the Federal I would appreciate a response to this letter can avoid the requirements of FACA by agency decisionmaking process. confirming this understanding with respect The bill provides needed trans- to H.R. 70, and would ask that a copy of our conducting advisory committee busi- exchange of letters on this matter be in- ness through subcommittees. This bill parency for how committee members cluded in the Congressional Record during makes it clear that FACA applies to are selected in several ways. First, the Floor consideration thereof. subcommittees as well as parent com- bill requires members to be selected Sincerely, mittees. without political affiliation. The bill KEVIN BRADY, The bill also clarifies that a com- also authorizes agency heads to require Chairman. mittee set up by a contractor is subject members to fully disclose any conflicts to FACA if it is formed under direction of interest. You would think that that HOUSE OF REPRESENTATIVES, of the President or an agency. would be common sense but something COMMITTEE ON OVERSIGHT AND Under FACA, agencies would be re- that we actually need to put into this GOVERNMENT REFORM, Washington, DC, January 4, 2017. quired to disclose how advisory mem- bill and make sure that we understand Hon. KEVIN BRADY, bers are chosen, whether they have fi- that. Chairman, Committee on Ways and Means, nancial conflicts of interest if they are In addition, the bill allows these indi- Washington, DC. appointed to provide their own exper- viduals who regularly attend and par- DEAR MR. CHAIRMAN: On January 3, 2017, tise, and who they work for if they are ticipate in committee meetings to be H.R. 70, the Federal Advisory Committee Act representing a specific interest. considered as a member, even if they Amendments of 2017, was introduced by Rep. I urge my colleagues to support this are not allowed to vote. Wm. Lacy Clay (D–MO–1). The bill was re- bill. I hope the Senate will take it up The bill also improves transparency ferred primarily to the Committee on Over- quickly and send it to the President. of committee activities. This is done sight and Government Reform, with an addi- by increasing the independence of these tional referral to the Committee on Ways I reserve the balance of my time. and Means. Mr. CHAFFETZ. Mr. Speaker, I yield committees and making sure its ad- I ask that you allow the Ways and Means myself such time as I may consume. vice, information, and recommenda- Committee to be discharged from further Again, I thank the gentleman from tions are a judgment of the committee consideration of the bill so that it may be Missouri (Mr. CLAY) for his good work and not the agency.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A04JA7.005 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H70 CONGRESSIONAL RECORD — HOUSE January 4, 2017 The bill also increases transparency members to be selected without regard SEC. 2. ACCESS TO CERTAIN INFORMATION. by requiring each agency to make to partisan affiliation. It is imperative (a) ACCESS TO CERTAIN INFORMATION.—Sub- available on their Web site the com- that the recommendations and guid- chapter II of chapter 7 of title 31, United ance of the committees be provided States Code, is amended by adding at the end mittee and its activities. the following: I urge our Members to support this. free of political influence, pressure, It has wide support and has had it in and intervention. ‘‘§ 721. Access to certain information the Oversight and Government Reform The bill closes the loophole that al- ‘‘(a) No provision of the Social Security lows subcommittees to operate outside Act, including section 453(l) of that Act (42 Committee. I urge its passage. I again U.S.C. 653(l)), shall be construed to limit, thank Mr. CLAY, Mr. CONNOLLY, and of the regulations of FACA. It also im- amend, or supersede the authority of the others who were working on this issue. proves the transparency of advisory Comptroller General to obtain any informa- I reserve the balance of my time. committees by requiring agency heads tion or to inspect any record under section Mr. CLAY. Mr. Speaker, I yield 3 to obtain conflict of interest disclo- 716 of this title. minutes to the gentleman from Vir- sures from all committee members ‘‘(b) The specific reference to a statute in ginia (Mr. CONNOLLY), a colleague, serving as individual experts. subsection (a) shall not be construed to af- friend, and cohort on the Oversight and H.R. 2347 builds upon the account- fect access by the Government Account- ability Office to information under statutes Government Reform Committee. ability of the advisory committees by explicitly stating that committees es- that are not so referenced.’’. Mr. CONNOLLY. Mr. Speaker, I (b) AGENCY REPORTS.—Section 720(b) of thank the gentleman from Missouri tablished by contractors must comply title 31, United States Code, is amended— (Mr. CLAY) for his leadership on this with the law and that individuals who (1) in the matter preceding paragraph (1), very important piece of legislation. I regularly attend and participate as if by inserting ‘‘or planned’’ after ‘‘action also thank the distinguished chairman they are members are considered mem- taken’’; and of our full committee for his leadership bers regardless of their ability to vote. (2) by striking paragraph (1) and inserting in moving this through. This bill also calls on the Govern- the following: The Federal Advisory Committee Act ment Accountability Office to review ‘‘(1) the Committee on Homeland Security and report regularly on agency compli- and Governmental Affairs of the Senate, the Amendments of 2017, I think, fall under Committee on Oversight and Government the umbrella of good government, ance. The SPEAKER pro tempore (Mr. Reform of the House of Representatives, the which the Oversight and Government congressional committees with jurisdiction Reform Committee, at its best, strives BYRNE). The time of the gentleman has over the agency program or activity that is to promote on a bipartisan basis. I am expired. the subject of the recommendation, and the Mr. CLAY. Mr. Speaker, I yield the proud, as Mr. CLAY indicated, to be an Government Accountability Office before the gentleman from Virginia an additional original cosponsor of the bill. 61st day after the date of the report; and’’. 30 seconds. UTHORITY O BTAIN ECORDS We welcome consideration of the (c) A T O R .—Sec- Mr. CONNOLLY. Mr. Speaker, last tion 716 of title 31, United States Code, is Federal Advisory Committee Act Congress, the Committee on Oversight amended in subsection (a)— Amendments, which would improve the and Government Reform reported this (1) by striking ‘‘(a)’’ and inserting ‘‘(2)’’; transparency and accountability of bill favorably by unanimous consent. and Federal advisory committees, often ar- I urge my colleagues to continue (2) by inserting after the section heading cane, Byzantine parts of the govern- Congress’ longstanding support of over- the following: ment most of the public can’t access. ‘‘(a)(1) The Comptroller General is author- sight, accountability, and transparency ized to obtain such agency records as the This crucial piece of legislation en- and vote for this thoughtful and impor- sures that the selection process of advi- Comptroller General requires to discharge tant piece of legislation. the duties of the Comptroller General (in- sory committee members takes place Mr. CHAFFETZ. Mr. Speaker, I have cluding audit, evaluation, and investigative without regard to political affiliation no additional speakers. I continue to duties), including through the bringing of and requires the disclosure of potential reserve the balance of my time. civil actions under this section. In reviewing conflicts of interest. Mr. CLAY. Mr. Speaker, I have no ad- a civil action under this section, the court The Federal Advisory Committee ditional speakers. I would urge the shall recognize the continuing force and ef- Act, FACA, enacted on October 6, 1972, House to adopt this legislation. fect of the authorization in the preceding formalized the process for establishing, I yield back the balance of my time. sentence until such time as the authoriza- operating, overseeing, and terminating Mr. CHAFFETZ. Mr. Speaker, it is a tion is repealed pursuant to law.’’. (d) TECHNICAL AND CONFORMING AMEND- Federal advisory committees. Federal good piece of legislation. I again thank MENT.—The table of sections for chapter 7 of advisory committees provide a mecha- Mr. CLAY and Mr. CONNOLLY for their title 31, United States Code, is amended by nism for government officials to gain work on this, and I urge its passage. inserting after the item relating to section knowledge from Federal and non-Fed- I yield back the balance of my time. 720 the following: eral experts on key policy matters. The SPEAKER pro tempore. The ‘‘721. Access to certain information.’’. FACA ensures Federal advisory com- question is on the motion offered by The SPEAKER pro tempore. Pursu- mittees, however, are both transparent the gentleman from Utah (Mr. ant to the rule, the gentleman from CHAFFETZ) that the House suspend the and accessible. Utah (Mr. CHAFFETZ) and the gen- rules and pass the bill, H.R. 70. FACA was enacted in response to tleman from Missouri (Mr. CLAY) each The question was taken; and (two- concerns that Federal advisory com- will control 20 minutes. thirds being in the affirmative) the mittees were becoming increasingly The Chair recognizes the gentleman rules were suspended and the bill was common but had little oversight or ac- from Utah. countability. The then-House Com- passed. mittee on Government Operations lis- f b 1315 tened to concerns over the lack of GAO ACCESS AND OVERSIGHT ACT GENERAL LEAVE transparency and formalized a govern- OF 2017 Mr. CHAFFETZ. Mr. Speaker, I ask ance process for these advisory bodies unanimous consent that all Members Mr. CHAFFETZ. Mr. Speaker, I move by establishing the Committee Man- may have 5 legislative days in which to to suspend the rules and pass the bill agement Secretariat within the Gen- revise and extend their remarks and in- (H.R. 72) to ensure the Government Ac- eral Services Administration to mon- clude extraneous material on the bill countability Office has adequate access itor compliance with the new law. The under consideration. intent of that law was to make Federal to information. The SPEAKER pro tempore. Is there The Clerk read the title of the bill. advisory committees more account- The text of the bill is as follows: objection to the request of the gen- able, more transparent, balanced, and tleman from Utah? H.R. 72 independent from the influence of spe- There was no objection. Be it enacted by the Senate and House of Rep- cial interests. resentatives of the United States of America in Mr. CHAFFETZ. Mr. Speaker, I This bill before us today, inspired by Congress assembled, thank the Committee on Ways and Mr. LACY’s leadership, will help SECTION 1. SHORT TITLE. Means for their work on the bill, and I strengthen the independence of those This Act may be cited as the ‘‘GAO Access include the committee exchange of let- advisory committees by requiring and Oversight Act of 2017’’. ters into the RECORD.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.030 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H71 HOUSE OF REPRESENTATIVES, COM- the GAO Access and Oversight Act of lence, and we rely heavily on this MITTEE ON OVERSIGHT AND GOV- 2017. group, thousands of professionals who ERNMENT REFORM, The GAO is one of the most impor- pour their heart and soul into diving Washington, DC, January 4, 2017. tant tools taxpayers and Congress have deep into organizations and under- Hon. KEVIN BRADY, Chairman, Committee on Ways and Means, to keep the Federal Government ac- standing how they function. But as this Washington, DC. countable. Without complete informa- bill states, we need some more open- DEAR MR. CHAIRMAN: On January 3, 2017, tion, GAO is limited in their ability to ness and transparency. H.R. 72, the GAO Access and Oversight Act of prevent waste, fraud, abuse, and mis- In the past 6 years alone, it has iden- 2017, was introduced by Rep. Earl L. ‘‘Buddy’’ management. tified more than 200 areas of duplica- Carter (R–GA–1). The bill was referred pri- This bill clarifies that GAO has ac- tion, overlap, and fragmentation. They marily to the Committee on Oversight and cess to data, such as the National Di- have made recommendations on 600 ac- Government Reform, with an additional re- tions to make our government more ef- ferral to the Committee on Ways and Means. rectory of New Hires, which will better I ask that you allow the Ways and Means equip GAO to audit key Federal pro- fective and efficient. We need to listen Committee to be discharged from further grams on behalf of taxpayers. Every to them and understand them. We also, consideration of the bill so that it may be day, GAO handles the government’s I would argue, Mr. Speaker, have a scheduled by the Majority Leader. This dis- most sensitive information in a respon- duty and an obligation to give them charge in no way affects your jurisdiction sible manner, and GAO provides trust- the tools and access that they need in over the subject matter of the bill, and it order to do their jobs even better. We will not serve as precedent for future refer- ed recommendations for improving the rals. In addition, should a conference on the Federal Government’s operations. must put GAO in the best position pos- bill be necessary, I would support your re- The Federal Government reported sible to rout out and deter waste, quest to have the Committee on Ways and $137 billion in improper payments in fraud, and abuse. Means represented on the conference com- fiscal year 2015, the largest ever re- Today, we have an opportunity to mittee. Finally, I would be pleased to in- ported. Total improper payments for better arm the GAO by clarifying its clude this letter and any response in the bill the Federal Government over the past right to access data contained in the report filed by the Committee on Oversight 10 years exceeds $1 trillion. This bill National Directory of New Hires. This and Government Reform, as well as in the gives GAO access to the most up-to- Congressional Record during floor consider- will increase the effectiveness of GAO ation, to memorialize our understanding. to help reduce improper payments, dol- date data to ensure Federal program Thank you for your consideration of my lars that could be used to better fund dollars go to the folks Congress in- request. the programs that ultimately serve the tended to receive them. Doing so, we Sincerely, people. This bill takes an important will help GAO better investigate poten- JASON CHAFFETZ, tial fraud and improper payments, in- Chairman. step forward by providing GAO with an additional tool to ensure GAO’s effec- cluding those overextended disability insurance programs. The GAO’s objec- U.S. HOUSE OF REPRESENTATIVES, tiveness in preventing fraud, waste, tives are hindered without access to COMMITTEE ON WAYS AND MEANS, and abuse. Washington, DC, January 4, 2017. I urge my colleagues to support this the data, and taxpayer dollars are not Hon. JASON CHAFFETZ, bipartisan legislation. as well protected. Chairman, Committee on Oversight and Govern- Mr. CLAY. Mr. Speaker, I yield my- This bill has previously received ment Reform, Washington, DC. self such time as I may consume. overwhelming support in the House, DEAR CHAIRMAN CHAFFETZ, I am writing GAO provides an invaluable aid to and it is time for us to finish the job concerning H.R. 72, the ‘‘GAO Access and and pass the bill to the Senate and get Oversight Act of 2017.’’ This bill amends ac- Congress in conducting our constitu- cess to the National Directory of New Hires tional duty to oversee and evaluate the it to the President’s desk. On September 16, the House approved (42 U.S.C. 653(I)) which is within the jurisdic- executive branch. To do its job effec- this important bill by a vote of 404–0. tion of the Committee on Ways and Means. tively, GAO needs timely access to The language in this bill was also in- As a result of your having consulted with me agency documents, materials, and concerning the provision of the bill that falls cluded in bipartisan legislation that other information. within our Rule X jurisdiction, I agree not to was approved unanimously by the full seek a sequential referral so that the bill The bill before us would ensure GAO’s access to the National Directory House in the 113th Congress. Again, it may proceed expeditiously to the House is time to send this bill to the Presi- floor. of New Hires, a valuable database of The Committee on Ways and Means takes wage and employment information. Ac- dent. I would like to thank my colleagues, this action with the mutual understanding cess to this database would assist GAO and Representative BUDDY CARTER in that, by forgoing consideration of H.R. 72 at in its improper payment and fraud this time, we do not waive any jurisdiction particular, for sponsoring this legisla- work, as well as its evaluation of pro- over the subject matter contained in this or tion and believing in it so whole- grams in which eligibility is means similar legislation, and we will be appro- heartedly. I would also like to thank priately consulted and involved as the bill or tested. The bill would also explicitly Senator BEN SASSE of Nebraska as the similar legislation moves forward so that we provide GAO with standing to pursue lead sponsor in the United States Sen- may address any remaining issues that fall litigation if an entity in the executive within our Rule X jurisdiction. The Com- ate. branch improperly denies the GAO ac- I urge passage of this bill. I have no mittee on Ways and Means also reserves the cess to information. right to seek appointment of an appropriate additional speakers. number of conferees to any House-Senate Mr. Speaker, similar bills have Mr. Speaker, I yield back the balance conference involving this or similar legisla- passed the House by wide margins in a of my time. tion, and requests your support for such re- number of previous Congresses. These The SPEAKER pro tempore. The quest. are needed reforms. I urge my col- question is on the motion offered by Finally, I would appreciate your response leagues to support this bill. the gentleman from Utah (Mr. to this letter confirming this understanding, Mr. Speaker, I yield back the balance and would ask that a copy of our exchange of CHAFFETZ) that the House suspend the of my time. rules and pass the bill, H.R. 72. letters on this matter be included in the Mr. CHAFFETZ. Mr. Speaker, I yield Congressional Record during floor consider- The question was taken; and (two- ation thereof. myself the balance of my time. thirds being in the affirmative) the Sincerely, Mr. Speaker, I rise in support of H.R. rules were suspended and the bill was KEVIN BRADY, 72, the GAO Access and Oversight Act passed. Chairman. of 2017, and its chief sponsor, Mr. A motion to reconsider was laid on Mr. CHAFFETZ. Mr. Speaker, I yield BUDDY CARTER of Georgia. the table. such time as he may consume to the We have a duty to ensure that tax- f gentleman from Georgia (Mr. CARTER), payer money is spent efficiently and ef- the original cosponsor of the bill. I fectively. One of the key ways we carry THOROUGHLY INVESTIGATING RE- want to thank the gentleman for his out this duty is through the key watch- TALIATION AGAINST WHISTLE- championing this bill through. dog of the government, the Govern- BLOWERS ACT Mr. CARTER of Georgia. Mr. Speak- ment Accountability Office. The GAO Mr. CHAFFETZ. Mr. Speaker, I move er, I rise today in support of H.R. 72, has a proven track record of excel- to suspend the rules and pass the bill

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A04JA7.014 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H72 CONGRESSIONAL RECORD — HOUSE January 4, 2017 (H.R. 69) to reauthorize the Office of tailed explanation of the failure to take any other agencies pursuant to this subchapter, Special Counsel, to amend title 5, action described under paragraph (5).’’; and and the actions taken by the agencies as a United States Code, to provide modi- (3) in subsection (e), by adding at the end result of the reports or recommendations; fications to authorities relating to the the following: ‘‘(6) the number of— ‘‘(5) If an agency head submits a report to ‘‘(A) actions initiated before the Merit Sys- Office of Special Counsel, and for other the Special Counsel under subsection (d) that tems Protection Board, including the num- purposes. includes a description of any agency action ber of corrective action petitions and dis- The Clerk read the title of the bill. proposed to be taken as a result of the inves- ciplinary action complaints so initiated; and The text of the bill is as follows: tigation, the agency head shall, not later ‘‘(B) stays and stay extensions obtained H.R. 69 than 180 days after the date of such submis- from the Board; and sion, submit a supplemental report to the ‘‘(7) the number of prohibited personnel Be it enacted by the Senate and House of Rep- Special Counsel stating whether any pro- practice complaints that result in— resentatives of the United States of America in posed action has been taken, and if the ac- ‘‘(A) a favorable action for the complain- Congress assembled, tion has not been taken, the reason why it ant, categorized by actions with respect to SECTION 1. SHORT TITLE. has not been taken.’’. whistleblower reprisal cases and all other This Act may be cited as the ‘‘Thoroughly SEC. 5. TERMINATION OF CERTAIN OSC INVES- cases; and Investigating Retaliation Against Whistle- TIGATIONS. ‘‘(B) a favorable outcome for the complain- blowers Act’’. (a) IN GENERAL.—Section 1214(a) of title 5, ant, categorized by outcomes with respect to United States Code, is amended by adding at SEC. 2. REAUTHORIZATION OF THE OFFICE OF whistleblower reprisal cases and all other SPECIAL COUNSEL. the end the following: ‘‘(6)(A) Within 30 days of receiving an alle- cases. (a) IN GENERAL.—Section 8(a)(2) of the ‘‘(b) The report required by subsection (a) gation from a person under paragraph (1), Whistleblower Protection Act of 1989 (5 shall include whatever recommendations for the Special Counsel may terminate an inves- U.S.C. 5509 note) is amended to read as fol- legislation or other action by Congress the lows: tigation under such paragraph with respect to the allegation, without further inquiry or Special Counsel may consider appropriate.’’. ‘‘(2) $24,119,000 for fiscal year 2017 and (b) OSC PUBLIC INFORMATION.—Section an opportunity for the person to respond, if $25,735,000 for each of fiscal years 2018, 2019, the Special Counsel determines that— 1219(a)(1) of title 5, United States Code, is 2020, and 2021 to carry out subchapter II of ‘‘(i) the same allegation, based on the same amended to read as follows: chapter 12 of title 5, United States Code (as set of facts and circumstances— ‘‘(1) a list of any noncriminal matter re- amended by this Act).’’. ‘‘(I) had previously been made by the per- ferred to an agency head under section (b) EFFECTIVE DATE.—The amendment son and previously investigated by the Spe- 1213(c), together with— made by subsection (a) shall be deemed to cial Counsel; or ‘‘(A) the applicable transmittal of the mat- apply beginning on October 1, 2016. ‘‘(II) had previously been filed by the per- ter to the agency head under section SEC. 3. ACCESS TO AGENCY INFORMATION. son with the Merit Systems Protection 1213(c)(1); Section 1212(b) of title 5, United States Board; ‘‘(B) any report from agency head under Code, is amended by adding at the end the ‘‘(ii) the Office of Special Counsel does not section 1213(c)(1)(B) relating to such matter; following: have jurisdiction to investigate the allega- ‘‘(C) if appropriate, not otherwise prohib- ‘‘(5)(A) In carrying out this subchapter, the tion; or ited by law, and with the consent of the com- Special Counsel is authorized to— ‘‘(iii) the person knew or should have plainant, any comments from the complain- ‘‘(i) have access to any record or other in- known of the alleged prohibited personnel ant under section 1213(e)(1) relating to the formation (including a report, audit, review, practice earlier than the date that is 3 years matter; and document, recommendation, or other mate- before the date Special Counsel received the ‘‘(D) the Special Counsel’s comments or rial) of any agency under the jurisdiction of allegation. recommendations under section 1213(e)(3) or the Office of Special Counsel, consistent ‘‘(B) If the Special Counsel terminates an (4) relating to the matter;’’. with the requirements of subparagraph (C); investigation under subparagraph (A), not SEC. 7. ESTABLISHMENT OF SURVEY PILOT PRO- and later than 30 days after the date of such ter- GRAM. ‘‘(ii) require any employee of such an agen- mination the Special Counsel shall provide a (a) IN GENERAL.—The Office of Special cy to provide to the Office any record or written notification stating the basis for the Counsel shall design and establish a survey other information during an investigation, termination to the person who made the al- pilot program under which the Office shall review, or inquiry of any agency under the legation. Paragraph (1)(D) shall not apply to conduct, with respect to fiscal years 2018 and jurisdiction of the Office. any termination under such subparagraph.’’. 2019, a survey of individuals who have filed a ‘‘(B) With respect to any record or other (b) CONFORMING AMENDMENTS.—Section complaint or disclosure with the Office. The information made available by an agency 1214 of title 5, United States Code, is amend- survey shall be designed to gather responses under this subchapter, the Office shall apply ed— from the individuals for the purpose of col- a level of confidentiality to such record or (1) in subsection (a)(1)(A), by striking ‘‘The lecting information and improving customer information at the level of confidentiality Special Counsel’’ and inserting ‘‘Except as service at various stages of the review or in- applied to the record by the agency. provided in paragraph (6), the Special Coun- vestigative process. The results of the survey ‘‘(C) With respect to any record or other sel’’; and shall be published in the annual report of the information described under subparagraph (2) in subsection (a)(1)(C), in the matter be- Office. (A), the Attorney General or an Inspector fore clause (i), by inserting ‘‘or paragraph (b) SUSPENSION OF OTHER SURVEYS.—Dur- General may withhold access to any such (6)’’ after ‘‘paragraph (2)’’. ing fiscal years 2018 and 2019, section 13 of record or other information if the disclosure SEC. 6. REPORTING REQUIREMENTS. Public Law 103–424 shall have no force or ef- could reasonably be expected to interfere (a) OSC ANNUAL REPORT TO CONGRESS.— fect. with an ongoing criminal investigation or Section 1218 of title 5, United States Code, is SEC. 8. PENALTIES UNDER THE HATCH ACT. prosecution, but only if the Attorney Gen- amended to read as follows: (a) IN GENERAL.—Section 7326 of title 5, eral or applicable agency head submits a ‘‘§ 1218. Annual report United States Code, is amended to read as follows: written report to the Office of Special Coun- ‘‘(a) The Special Counsel shall submit an sel describing the record or other informa- annual report to Congress on the activities ‘‘§ 7326. Penalties tion withheld and the reason for the with- of the Special Counsel. Any such report shall ‘‘An employee or individual who violates holding.’’. include— section 7323 or 7324 shall be subject to— SEC. 4. WHISTLEBLOWER PROVISIONS. ‘‘(1) the number, types, and disposition of ‘‘(1) disciplinary action consisting of re- Section 1213 of title 5, United States Code, allegations of prohibited personnel practices moval, reduction in grade, debarment from is amended— filed with the Special Counsel, and the cost Federal employment for a period not to ex- (1) in subsection (b), by striking ‘‘15 days’’ of allegations so disposed of; ceed 5 years, suspension, or reprimand; and inserting ‘‘45 days’’; ‘‘(2) the number of investigations con- ‘‘(2) an assessment of a civil penalty not to (2) in subsection (d)— ducted by the Special Counsel; exceed $1,000; or (A) in paragraph (4), by striking ‘‘and’’ at ‘‘(3) the number of stays or disciplinary ac- ‘‘(3) any combination of the penalties de- the end; tions negotiated by the Special Counsel with scribed in paragraph (1) or (2).’’. (B) in paragraph (5)— agencies; (b) APPLICATION.—The amendment made by (i) in the matter before subparagraph (A), ‘‘(4) the number of cases in which the Spe- subsection (a) shall apply to any violation of by striking ‘‘such as’’ and inserting ‘‘includ- cial Counsel did not make a determination section 7323 or 7324 of title 5, United States ing’’; and whether there are reasonable grounds to be- Code, occurring after the date of enactment (ii) in subparagraph (D), by striking the pe- lieve that a prohibited personnel practice of this Act. riod at the end and inserting ‘‘; and’’; and has occurred, exists, or is to be taken within SEC. 9. REGULATIONS. (C) by adding at the end the following: the 240-day period specified in section Not later than 2 years after the date of en- ‘‘(6) if any disclosure referred to an agency 1214(b)(2)(A)(i); actment of this Act, the Special Counsel head under subsection (c) is substantiated in ‘‘(5) a description of the recommendations shall prescribe such regulations as may be whole or in part by the agency head, a de- and reports made by the Special Counsel to necessary to perform the functions of the

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.035 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H73 Special Counsel under subchapter II of chap- sense tells us that this is unacceptable. recommended corrective action, the ter 12 of title 5, United States Code, includ- If the Office of Special Counsel isn’t agency must explain why it failed to ing regulations necessary to carry out sec- granted the access to the information take the action. tions 1213, 1214, and 1215 of such title, and it needs, there is no way it can prop- This legislation would strengthen the any functions required due to the amend- tools available to OSC for addressing ments made by this Act. Such regulations erly conduct the duties authorized by shall be published in the Federal Register. Congress. and correcting retaliation and dis- This bill also takes important steps crimination in the Federal workplace. The SPEAKER pro tempore. Pursu- to increase the efficiency and effective- It is more important than ever for the ant to the rule, the gentleman from ness of the Office of Special Counsel, Office of Special Counsel to have the Utah (Mr. CHAFFETZ) and the gen- such as allowing OSC to use a sim- tools it needs to protect the Federal tleman from Missouri (Mr. CLAY) each plified process to reduce duplicative workforce. will control 20 minutes. complaints to better focus their lim- I urge my colleagues to support this The Chair recognizes the gentleman ited resources on allegations and inves- bill. from Utah. tigations, and instituting a common- Mr. Speaker, I reserve the balance of GENERAL LEAVE my time. sense 3-year statute of limitations Mr. CHAFFETZ. Mr. Speaker, I yield Mr. CHAFFETZ. Mr. Speaker, I ask after which document recovery and unanimous consent that all Members myself such time as I may consume. witness recollections can be difficult to First, let me note in the last Con- may have 5 legislative days in which to obtain. revise and extend their remarks and in- gress this legislation passed out of Mr. Speaker, before concluding my committee by regular order and passed clude extraneous material on the bill remarks, I would like to specifically under consideration. the House on January 11, 2016. highlight the important work the Of- The Office of Special Counsel is The SPEAKER pro tempore. Is there fice of Special Counsel performed re- tasked with protecting Federal em- objection to the request of the gen- cently in their exposure of the mis- ployees from prohibited personnel tleman from Utah? management and abuse of our veterans practices, including reprisals on whis- There was no objection. at the Department of Veterans Affairs. tleblowers. Whistleblowers are an in- Mr. CHAFFETZ. Mr. Speaker, I yield Two whistleblowers at the VA hos- dispensable part of helping Congress such time as he may consume to the pital in Phoenix, Arizona, recently identify waste, fraud, and abuse at Fed- gentleman from Iowa (Mr. BLUM), the came forward with information regard- eral agencies. Information provided by lead sponsor of this legislation. ing inadequate mental health treat- these brave folks can result in inves- Mr. BLUM. Mr. Speaker, I am proud ment in employee training at their fa- tigations and legislation that changes to speak today on behalf of our legisla- cility. They were later retaliated the way we conduct ourselves in gov- tion to reauthorize the Office of Spe- against by management. OSC was able ernment. cial Counsel for an additional 5-year to ensure that they received a new job As the agency tasked with protecting period to protect whistleblowers, Fed- at a nearby facility under different whistleblowers, the OSC is vital to eral employees who have the courage management. Just last month, the VA make sure these individuals feel com- to come forward to expose waste, fraud, issued a report in response to OSC’s in- fortable coming forward and that they and abuse in the Federal Government vestigation detailing the changes they are offered protections. The agency has and who are so important to our over- had made to improve mental health been busy. From 2013 to 2015, OSC’s sight responsibilities here in Congress. care at that VA facility. caseload increased from 4,500 cases The Office of Special Counsel per- Incidents like these serve as a great open to more than 6,100. That increase forms a variety of important respon- reminder that hardworking taxpayers coincided with multiple scandals with- sibilities. Chief amongst them is inves- are tired of corruption in the Federal in the Veterans Administration, as Mr. tigating retaliation against whistle- Government. BLUM of Iowa has highlighted. blowers from the executive branch I would also like to note the excel- In fiscal year 2016, OSC projected agencies, as well as other prohibited lent work of the current special coun- nearly 2,500 cases from just the VA— personnel practices. Once again, this is sel, Carolyn Lerner, who is a breath of 2,500 cases at just the Veterans Admin- vitally important to the work we per- fresh air in this role. istration. This reauthorization will en- form in the Government Reform and Mr. Speaker, the bottom line is this sure the OSC has adequate funding to Oversight Committee and ensures committee, the Committee on Over- continue protecting whistleblowers in greater accountability from the execu- sight and Government Reform, needs the VA and other agencies as well. The tive branch to Congress. more whistleblowers in the Federal majority of the OSC funding goes di- We are proud of the support this bi- Government, not less; and the best way rectly to hiring employees who work to partisan bill has received from the to ensure government employees come protect whistleblowers. whistleblower community and from forward to expose waste, fraud, and b 1330 those who care deeply about our efforts abuse is to ensure that they will be The bill also makes substantive im- to perform effective oversight in our protected. This legislation will enable provements to current law to ensure Federal Government. OSC to do exactly that on behalf of all the OSC can carry out its mission more Since the last authorization expired hardworking American taxpayers. effectively. Those reforms cover a few in 2007, there are a number of necessary I urge my colleagues on both sides of areas, ensuring agencies cooperate reforms for the OSC as the role of the the aisle to support this legislation. with the OSC, clarifying OSC’s inves- Office continues to grow and evolve. By Mr. CLAY. Mr. Speaker, I yield my- tigative procedures and making sure enacting this legislation, we can ensure self such time as I may consume. Congress receives clear information on the Office of Special Counsel will have I rise in support of this bipartisan whistleblower reprisal throughout the access to Federal agency records that bill which reauthorizes the Office of Federal Government. are absolutely necessary to perform Special Counsel. The OSC serves as a With this bill, the OSC has clear au- their duty of protecting Federal em- safe harbor for Federal whistleblowers thority to access agency records and to ployees who had the courage to speak to disclose wrongdoing. OSC also works conduct its investigations. For its part, up about malpractice, mismanage- to protect Federal employees and ap- the OSC must treat those records in ment, and fraud in the Federal Govern- plicants for Federal employment from the same manner of confidentiality as ment. prohibited personnel practices. the agency would, alleviating concerns I think we can all agree how unfortu- The bill would make clear that OSC about disclosure of sensitive informa- nate it is that some executive agencies is entitled to access agency informa- tion. continue to stonewall the Office of Spe- tion in its investigations. This bill The bill also gives OSC needed flexi- cial Counsel in order to prevent them would also allow OSC to hold agencies bility to focus on claims that deserve from investigating retaliatory actions more accountable from whistleblower our attention. It will allow the agency against whistleblowers, even going so retaliation. Under this bill, if any to terminate duplicative claims al- far as to invoke executive privilege agency substantiates a whistleblower ready being pursued by the Merit Sys- when dealing with the OSC. Common disclosure from OSC but fails to take a tems Protection Board and claims that

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A04JA7.008 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H74 CONGRESSIONAL RECORD — HOUSE January 4, 2017 exceed statutory timeframes. Agencies nificant growth in its caseload since its The text of the bill is as follows: will also be required to submit reports last reauthorization. In the past 5 H.R. 21 detailing what actions they take as a years, that caseload has increased, Mr. Be it enacted by the Senate and House of Rep- result of these OSC investigations— Speaker, by 58 percent. resentatives of the United States of America in something in Congress that we should This bill reauthorizes the agency Congress assembled, be paying attention to. This reporting from 2016 through 2020 and makes sev- SECTION 1. SHORT TITLE. provision requires agencies to admit eral important changes to assist OSC This Act may be cited as the ‘‘Midnight any failures in holding people account- in carrying out its vital mission. The Rules Relief Act of 2017’’. able and gives Congress much-needed bill codifies OSC’s current practice of SEC. 2. EN BLOC CONSIDERATION OF RESOLU- transparency. providing important performance TIONS OF DISAPPROVAL PER- TAINING TO ‘‘MIDNIGHT RULES’’. Finally, the bill codifies OSC’s prac- metrics in its annual reports to the (a) IN GENERAL.—Section 801(d) of title 5, tice under the current special counsel Congress and requires additional United States Code, is amended by adding at of disclosing to Congress results and metrics to support congressional over- the end the following: statistics. Codifying this transparency sight of its effectiveness. ‘‘(4) In applying section 802 to rules de- ensures the practice will continue and Last Congress, this bill was success- scribed under paragraph (1), a joint resolu- allow for easier oversight of these ac- fully passed out of our committee on, I tion of disapproval may contain one or more tivities. believe, a unanimous basis. I urge my such rules if the report under subsection In order to help protect the whistle- colleagues to continue Congress’ long- (a)(1)(A) for each such rule was submitted during the final year of a President’s term.’’. blowers and reform the Federal agen- standing tradition of support for over- (b) TEXT OF RESOLVING CLAUSE.—Section cies, I would urge our colleagues to sight, accountability, whistleblower 802(a) of title 5, United States Code, is vote ‘‘yes’’ on H.R. 69. protection, and transparency, and vote amended— Mr. Speaker, I reserve the balance of in the affirmative for the Thoroughly (1) by inserting after ‘‘resolving clause of my time. Investigating Retaliation Against which is’’ the following: ‘‘(except as other- Mr. CLAY. Mr. Speaker, I yield 3 Whistleblowers Act. wise provided in this subsection)’’; and minutes to the gentleman from Vir- Mr. CLAY. Mr. Speaker, I have no (2) by adding at the end the following: ‘‘In ginia (Mr. CONNOLLY), who is the rank- further speakers, and I would just urge the case of a joint resolution under section ing member of the Government Oper- 801(d)(4), the matter after the resolving the body to adopt the legislation. clause of such resolution shall be as follows: ations Subcommittee. I yield back the balance of my time. ‘That Congress disapproves the following Mr. CONNOLLY. Mr. Speaker, again, Mr. CHAFFETZ. Mr. Speaker, I urge rules: the rule submitted by the ll relating I thank my friend, Mr. CLAY, for his the passage of this bill, H.R. 69. We to ll; and the rule submitted by the ll re- leadership and for his kindness. have had four good champions led by lating to ll. Such rules shall have no force Mr. Speaker, I rise today in support Mr. BLUM of Iowa in our committee or effect.’ (The blank spaces being appro- of the Thoroughly Investigating Retal- who have helped put this together: Mr. priately filled in and additional clauses de- iation Against Whistleblowers Act—a MEADOWS of North Carolina, Mr. CON- scribing additional rules to be included as necessary)’’. mouthful, but it captures what we are NOLLY of Virginia, and Mr. CUMMINGS, trying to do. the ranking member out of Maryland. The SPEAKER pro tempore. The gen- I certainly appreciate Mr. BLUM’s ef- All four have come together as original tleman from Virginia (Mr. GOODLATTE) forts to advance legislation that au- cosponsors here in the 115th Congress. and the gentleman from Michigan (Mr. thorizes the Office of Special Counsel Mr. Speaker, I urge its passage, and I CONYERS) each will control 30 minutes. and protects whistleblowers in the Fed- yield back the balance of my time. The Chair recognizes the gentleman eral Government, an effort the Over- The SPEAKER pro tempore. The from Virginia. sight and Government Reform Com- question is on the motion offered by Mr. GOODLATTE. Mr. Speaker, I mittee strives to promote when we are the gentleman from Utah (Mr. yield myself such time as I may con- at our best on a bipartisan basis, and I CHAFFETZ) that the House suspend the sume. am proud to be an original cosponsor of rules and pass the bill, H.R. 69. Mr. Speaker, Federal bureaucrats are the bill. The question was taken; and (two- continuously creating new and more I welcome consideration of this bill thirds being in the affirmative) the complicated and costly burdens on which would reaffirm Congress’ com- rules were suspended and the bill was hardworking Americans in the form of mitment to whistleblowers, upholding passed. unnecessarily burdensome regulations. the Oversight and Government Reform A motion to reconsider was laid on Clearly, some regulation is necessary Committee’s obligation to protect the table. to protect public safety, set general those whistleblowers that help identify f rules of the road, and accomplish other mismanagement, waste, and fraud at important goals. Federal agencies and to support the MIDNIGHT RULES RELIEF ACT OF However, despite the fact that these oversight work of Congress. That is 2017 goals can often be accomplished with Congress at its best. GENERAL LEAVE relatively simple guidance, Washington With the enactment of the Whistle- Mr. GOODLATTE. Mr. Speaker, I ask bureaucrats seem more determined blower Protection Act of 1989, OSC be- unanimous consent that all Members than ever to create the most com- came an independent agency within the have 5 legislative days to revise and ex- plicated puzzles they can imagine, re- executive branch. Its mission is to safe- tend their remarks and include extra- gardless of the compliance costs for guard the merit system of protecting neous materials on H.R. 21. small businesses or the new and inno- Federal employees from prohibitive The SPEAKER pro tempore. Is there vative products entrepreneurs are personnel practices, especially reprisal objection to the request of the gen- forced to shelve in order to comply from whistleblowing. OSC provides em- tleman from Virginia? with these overly complicated regula- ployees a mechanism for disclosing There was no objection. tions. wrongdoing in government agencies Mr. GOODLATTE. Mr. Speaker, pur- Bureaucrats also don’t seem to care and provides advice on the Hatch Act, suant to section 5(b) of House Resolu- that American families face higher which restricts political activity by tion 5, I call up the bill (H.R. 21) to prices for goods and have fewer job op- government employees generally. amend chapter 8 of title 5, United portunities when employers are unnec- OSC enforces employment rights States Code, to provide for en bloc con- essarily forced to factor wasteful costs under the Uniformed Services Employ- sideration in resolutions of disapproval of complying with overly burdensome ment and Reemployment Rights Act of for ‘‘midnight rules’’, and for other regulations into their bottom lines. 1994 for Federal employees who serve or purposes, and ask for its immediate That is why, at the very beginning of have served in the uniformed services. consideration. the 115th Congress, we are prioritizing Congress last reauthorized OSC for the The Clerk read the title of the bill. legislation to remove unnecessary reg- period 2003 to 2007. Due in part to Con- The SPEAKER pro tempore. Pursu- ulatory burdens. Doing so is one of the gress’ emphasis on transparency in ant to section 5(b) of House Resolution fundamental steps we can take to government, OSC has experienced sig- 5, the bill is considered read. make America more competitive again

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.038 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H75 and put more Americans back to work ulations, imposing over $2 billion in bill that was considered last November, again. new costs. But this is not a partisan the legislation ‘‘would create tremen- Today, our specific focus is on re- issue. Administrations of both parties dous regulatory uncertainty, poten- forming regulations that are hastily have issued midnight rules in the past. tially impose additional costs on busi- cobbled together in the waning weeks The Judiciary Committee has been nesses, and represent a step backwards and months of an outgoing administra- searching for an effective solution to for applying sound regulatory prin- tion. These regulations are particu- this problem for some time, and I ap- ciples to protect public health, safety, larly susceptible to abuse and, thus, plaud our colleague, Mr. ISSA, for offer- the environment, and other critical as- have an even greater potential to un- ing the Midnight Rules Relief Act to pects of society.’’ dermine job opportunities, wages, and respond to the need. This bill offers a This, in my view, is a cynical way of American competitiveness. simple and powerful means to stop the trying to legislate. For those con- As the Obama administration rushes problem of abusive midnight rules—al- cerned about the continued improve- to a close, Americans’ freedom and lowing Congress to disapprove of any ment of clean air and clean water, if we prosperity are increasingly threatened and all midnight regulations in one fell care about the safety of the toys we by one of the most abusive features of swoop by one en bloc disapproval reso- give our children, if we care about the modern bureaucracy—midnight regula- lution under the Congressional Review environment, then we must oppose this tion. Act. bill. Midnight regulation is one of the Any outgoing administration under- I urge my colleagues to join me. most vexing problems in Washington’s standing that it has this Sword of There hasn’t been any deliberative overreaching regulatory system. Ad- Damocles hanging over its head will process on the bill recently. It is amaz- ministration after administration, surely hesitate much more before abus- ing to me that we have such opposition there is a spike in rulemaking activity ing midnight rules. Further, once en- to the bill. It would be overwhelming to put in the over 150 labor organiza- during the last year of a President’s abled to dispatch of all improper mid- tions, consumer organizations, envi- term—particularly between election night rules with one simple resolution, ronmental organizations, and others day and Inauguration Day, but even in Congress and succeeding administra- who have openly asked us to oppose the months before then. tions would be free to focus more of These successive waves of midnight their energies on the voters’ new prior- this bill. If that isn’t enough, we have the regulation present deeply troubling ities, rather than the mess left by mid- business community itself in opposi- issues. First and foremost, because out- night rules. The relief offered by the bill, more- tion. The American Sustainable Busi- going administrations are no longer ac- ness Council, which represents over countable to the voters, they are much over, is highly flexible. No set number of regulations would have to be covered 200,000 businesses—and I have a partial more prone to issue midnight regula- list of them—also opposes this meas- tions that fly in the face of the elec- by a resolution. No category of regula- tion would have to be included in or ex- ure. It is one of the rare instances in toral mandate the voters just gave the which I have brought to the floor legis- new, incoming administration. cluded from a resolution. On the con- trary, any midnight rule disapproval lation that is opposed by both labor Waves of midnight rules can also be and by business as well. very hard for Congress or a new admin- resolution could be sweeping or nar- row, depending on how many rules It is a little bit of an insult that this istration to check adequately. As a bill is being considered, on top of that, new Congress and President begin their merited inclusion. Finally, the Midnight Rules Relief under a closed rule. There can be no terms, both understandably must be fo- amendments to this measure. cused on implementing the new prior- Act offers a solution that is not intru- sive upon legitimate executive branch I am in a state of surprise that on the ities within the mandates the voters second day of a new Congress we would authority. An outgoing administration have given them. That doesn’t always come forward with a measure that remains free to conduct necessary rule- leave time to focus on cleaning up all could potentially jeopardize public making activity up to the stroke of of the last acts of the departing admin- health and safety in so many different midnight on Inauguration Day. It then istration. ways. In addition, the Congressional Re- falls to Congress to respond swiftly and I think that the opposition to this view Act currently allows Congress to surgically to the results, to accept the measure is so overwhelming that I am disapprove of regulations—including good and excise the bad. surprised that without hearings, with- This is truly a better way to govern. midnight regulations—only one at a out an opportunity for amendment, we That is why the reform embodied in time. A wave of midnight regulations are now considering a measure that has this bill is featured in Speaker RYAN’s can easily overwhelm Congress’ ability this much opposition. Better Way agenda. to use one-rule-at-a-time resolutions as Mr. Speaker, I include in the RECORD I thank Mr. ISSA for his work on this an effective check. a letter from Consumer Reports dated important legislation. Finally, it is well-documented that January 3, 2017. Mr. Speaker, I urge my colleagues to the rush by outgoing administrations support the bill, and I reserve the bal- CONSUMER REPORTS, to impose midnight rules before the Washington, DC, January 3, 2017. ance of my time. clock strikes 12 leads to more poorly U.S. House of Representatives, Mr. CONYERS. Mr. Speaker, I yield Washington, DC. analyzed rules with lower quality and myself such time as I may consume. lower benefits. DEAR REPRESENTATIVE: Consumer Reports Mr. Speaker, this is an unusual meas- and its policy and mobilization arm, Con- The Obama administration has im- ure that is being brought forward under sumers Union, strongly urge you to vote no posed more runaway regulation than unusual circumstances. To begin with, on H.R. 21, the so-called ‘‘Midnight Rules Re- any other in memory, and its midnight this measure would, believe it or not, lief Act.’’ This bill would severely undermine rulemaking period is no exception. empower our Federal legislature to accountability to the public regarding im- When the House considered this legisla- portant protections and safeguards. undo virtually every regulation sub- Although the rules targeted by this legisla- tion in the wake of last November’s mitted to the Congress since mid-June election, the administration had issued tion were finalized relatively recently, many of last year through the end of 2016 last have been under development for several or planned to issue at least 180 mid- year. The bill accomplishes this—every years. Consumers Union has provided public night rules within the scope of this regulation—by authorizing Congress to comment on several of these regulations bill, including multiple billion-dollar disapprove these rules through a single that were designed to protect consumers rules and more than 20 major rules im- joint resolution, thereby depriving against unsafe products, dishonest business posing $100 million or more in costs per dealings, and other hazards in the market- Members to consider the merits of each place that place their health, safety, or well- year. individual regulation. This presents a In the intervening weeks, these fig- being at risk. Agency experts carefully ex- number of problems. amined these hazards and considered various ures have rapidly ballooned to the 226 b 1345 alternative approaches to address them. midnight rules issued or planned. Dur- They sought input and guidance from busi- ing just the week of December 12, the As the administration has stated, nesses, consumer organizations, outside sci- administration issued 18 midnight reg- with a threat of veto of an identical entific and legal experts, and the public at

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.040 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H76 CONGRESSIONAL RECORD — HOUSE January 4, 2017 large, and ultimately developed final rules, As the chairman of the Sub- swoop, with little examination, no de- explaining publicly the basis and rationale committee on Regulatory Reform, liberation, and little regard to their for the adopted approach. Commercial and Antitrust Law, I have impact on public health or safety. The federal law known as the Congres- sional Review Act (CRA) already permits a dedicated considerable time over the Members from both sides of the aisle regulation carefully developed over many past 2 years to closely monitoring the have expressed concern in recent years years to be erased by Congress, in a rushed growth of the administrative state. over rules adopted during a Presi- process that does not reflect the same level The estimated regulatory costs across dential transition period—typically, of expertise or careful consideration. Con- all years of the Obama administration the last 60 to 90 days of the President’s gress could even rescind a rule for reasons are staggering. However, the regu- term. But this legislation differs great- that might be based not on any broader in- latory onslaught in its final year ly from previous legislation that I and terests of the public, but on the narrower, private special interests of those seeking to alone—disastrous—shows the damage others have introduced in the past to avoid having appropriate obligations im- already done and the greater impact deal with this problem. posed on their profit-making activities. that will fall on our economy. For example, the Midnight Rule Act, The potential for the CRA to be employed In 2016, 401 regulations were finalized. which I introduced in the 110th and in the service of special interests is at least The total compliance cost for this pe- 111th Congresses, would have merely somewhat held in check by the fact that the riod exceeds $164 billion and amounts delayed the implementation of rules law currently requires separate congres- to nearly 121 million paperwork hours. submitted to Congress within the final sional action for erasing each regulation. A 90 days of a President’s term, with ap- regulation considered for erasure under the That is 401 regulations and $164 billion. CRA must be brought to the House and Sen- This is only during the final year of the propriate exceptions for imminent ate in its own separate resolution, given its Obama administration. It is no wonder threat to health and safety, enforce- own debate and vote, and sent to the Presi- that the American people sought a ment of criminal laws, implementation dent for its own signature or veto. All offi- new, more promising direction for our of an international trade agreement, cials involved in considering whether to country. and national security. erase the regulation and its protections are Finally, the Congress has an oppor- This proposal was a response to con- thus put on record, and can be held account- tunity to act to protect the American cerns with last-minute rulemaking able for their positions and the con- under the George W. Bush administra- sequences. Perhaps for this reason, there has people and repeal many of these crush- only been one regulation rescinded under the ing regulations. For us in Congress, we tion, which was roundly criticized at CRA in its 20-year history. cannot forget what these numbers rep- the time for allowing insufficient time This important accountability check resent. For my constituents and for for public comment, ignoring public would be removed under the ‘‘Midnight Rules Americans across the country, the bil- comments, and otherwise departing Relief Act.’’ By allowing erasure of multiple lions in dollars of costs imposed on the from accepted rulemaking practices. regulations en bloc, this bill would enable economy represent jobs lost, routine My bill would have given an incom- Members of Congress and the President to bills that cannot be paid, and the ing President 90 days to determine if evade public accountability for what Gould any rules issued should not go forward. be ill-considered, politically motivated deci- American Dream slipping from their sions that result in devastating con- grasp. This measure would have allowed le- sequences. Under the bill, no Member would The true story of this regulatory on- gitimate regulatory reform to proceed ever have to be on record regarding any spe- slaught is told by workers at shuttered on schedule while putting the power to cific regulation being erased. In fact, any stores, factories, and power plants review and overturn controversial new Member who actually wants to cast a more across the country. Their concerns and rules into the hands of the newly elect- selective vote, to erase certain regulations fears are ours. As this current adminis- ed administration. but not others, would be unable to do so. The legislation before us today, how- We are somewhat encouraged that the tration exits, we must remain vigilant House Majority, after initially acting behind to last-ditch efforts at crippling our ever, goes much further and creates a closed doors to weaken the Office of Congres- economy. process to simply erase the last months sional Ethics, has reversed course in light of On top of those in recent months, a of an outgoing administration’s regu- major concerns raised about the impact on number of new regulations may still be latory agenda. congressional accountability. We urge all finalized in a hurried, nontransparent Under the Congressional Review Act, Members to also recognize the damaging ef- fashion. The American people are con- Congress can overturn a regulation fects that this bill would have on account- cerned that our current regulatory issued by the executive branch through ability and on the ability of the American process ignores the balancing of costs a disapproval resolution that must be public to trust their elected representatives. signed by the President. This bill We strongly urge you to vote no on the and benefits and the regulatory impact ‘‘Midnight Rules Relief Act.’’ on their lives. From what we have seen would allow Congress to package these Sincerely, over the past 8 years, it is clear that disapproval resolutions together and LAURA MACCLEERY, they should be. eliminate dozens, hundreds, or even Vice President, Con- Starting this week, Congress has an thousands, of regulations all at once, sumer Policy and opportunity to reassert its constitu- with little debate over the merits of Mobilization Con- tional authority and act for all Ameri- any individual rule. sumer Reports. cans. The Midnight Rules Relief Act is Under the CRA, agencies would be GEORGE P. SLOVER, prevented from proposing similar rules Senior Policy Counsel, a well-advised measure that gives Con- Consumers Union. gress the ability to quickly examine ever again, absent explicit congres- WILLIAM C. WALLACE, and eliminate the mass of regulations sional authorization. You would have a Policy Analyst, Con- promulgated in recent months. This rule terminated with no debate because sumers Union. has been done by both Republican and it is one of a thousand rules done away Mr. CONYERS. Mr. Speaker, I re- Democrat administrations. with in one resolution. You can’t even serve the balance of my time. Mr. Speaker, I urge all my colleagues look at it again. Mr. ISSA. Mr. Speaker, I yield 4 min- to support this bill. The Republican majority has waged utes to the gentleman from Pennsyl- Mr. CONYERS. Mr. Speaker, I yield 3 an all-out assault on the regulatory vania (Mr. MARINO). minutes to the gentleman from New process, trying to add hurdle after hur- Mr. MARINO. Mr. Speaker, I rise York (Mr. NADLER), a senior colleague, dle on the ability to issue regulations today in strong support of the Mid- to speak on the measure before us. that protect public health and safety. night Rules Relief Act. Mr. NADLER. Mr. Speaker, I thank Not content to grind the gears of rule- Recently, impossible opportunities the gentleman for yielding. making to a halt, they now want to exist for this body to reassert its au- Mr. Speaker, I rise in opposition to eliminate wholesale those regulations thority and work on behalf of the H.R. 21, the Midnight Rules Relief Act. that have gone through the exhaustive American people. The Midnight Rules This irresponsible legislation would rulemaking process—a process that Relief Act would provide Congress with enable Congress to wipe out hundreds, often takes many years to complete. an important tool to begin the process or even thousands, of regulations en- Even more concerning, this bill of dismantling the onerous regulatory acted during the final year of the would apply to rules issued in the last burdens imposed over the past 8 years. President’s term in office, in one fell 60 legislative days of a President’s

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A04JA7.016 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H77 term. Not calendar days, but legisla- dure. We pass it out of the House or on economic security for Americans, tive days. Senate. We then pass it out of the and the first item of business out of The SPEAKER pro tempore (Mr. other body. If the President signs it, it this brand-new Congress is to gut the HULTGREN). The time of the gentleman then still is subject to court challenge. House Office of Congressional Ethics. has expired. b 1400 Now, why would they want to do that? Mr. CONYERS. Mr. Speaker, I yield It was because they liked the idea of the gentleman an additional 1 minute. Now, let’s go through the regulatory the fox guarding the henhouse. They Mr. NADLER. Given how little we process: Proposed by a bureaucrat, wanted to put themselves in control worked last year, this would mean that given a period of time in which dis- over the henhouse once again, and the any regulation issued by the Obama ad- senters may be 100 percent, and still it American people called them on it, and ministration, stretching back to June becomes law if this body does not act. so they had to withdraw it. 13, 2016, could be canceled in one sweep- So now that gives you a little feel for So what do they do? Today they ing motion, with hardly any consider- the underlying law. Used once on a bi- come back with not a jobs bill but a ation given to the merits of any indi- partisan basis to take back an unpopu- regulatory bill, an antiregulatory bill, vidual regulation. lar regulation that has never been re- something that protects the health, Article II of the Constitution pro- submitted under both 8 years of a Re- safety, welfare, and well-being of vides that a President shall serve a 4- publican and 8 years of a Democrat in Americans—little ones, elderly, work- year term. But the Republicans seem the White House, and I repeat, the reg- ers, people who are consumers. They to believe that this doesn’t apply to ulation that was previously recalled want to gut regulations. President Obama. Somehow, when he was so in error that it has never been Now, what regulations do they want was reelected by broad majority in redone in 16 years by two Presidents. to gut? They will tell you, by the way, 2012, he was given only a 3-year term. Now, let’s talk about the bill we have that gutting regulations helps to en- The Senate refused to consider a Su- before us today. We all know that the hance job creation, but nothing can be preme Court nominee and, under this House is a body that, when it wants to, further from the truth when you con- bill, his entire regulatory agenda for can move fairly quickly, and the Sen- sider that under the last 8 years of the last 6 months could be undone in ate is a body that seemingly moves President Obama, where we have had an instant. quickly only in recess. The fact is that regulatory regimes established under While I am sympathetic to the need the Senate takes a long time, and we the Affordable Care Act and also Dodd- for an incoming administration to re- have many regulations that may or Frank, we have created 15.6 million view regulations issued in the closing may not be considered now or in the fu- new jobs over 81 straight months of pri- days of an outgoing administration, ture. vate sector job growth. Unemployment this bill goes much further and allows All this legislation does is allow for is now approaching 4 percent, which is for a rushed and partisan process that us to dispose of one or more regula- basically full employment. And wages could undermine critical health and tions in an expedited fashion in this are going up for Americans. And so de- safety regulations. body and have it seen in the same form spite the Affordable Care Act and Mr. Speaker, I urge my colleagues to in the Senate. Nothing more than that. Dodd-Frank, you have got Americans oppose this irresponsible and dangerous It doesn’t change the underlying law. that are prospering. legislation. It doesn’t change the fact that the What do the Republicans want to do? Mr. ISSA. Mr. Speaker, I yield myself House, the Senate, and a President They try to trick you into believing such time as I may consume. must concur on taking back what is es- that they are going to create more jobs Mr. Speaker, floor debate is both for sentially a law—that is what a regula- by removing regulations. What regula- the people in the room and the people tion is—created by bureaucrats not tions do they want to do away with? It watching. elected by any of us. So let’s keep it as is the Affordable Care Act and Dodd- Many of the new Members have not simple as that. Frank. So they want to reward their yet voted on a substantive piece of leg- For the freshmen of either party, campaign contributors, Wall Street fat islation. So, Mr. Speaker, I reach out when you go to make a vote on this, re- cats, with this legislation that will en- with a little piece of history—a large member, we are not changing the un- able them to create conditions that piece of history, perhaps—for the fresh- derlying law. Only one regulation will be similar to the ones that Presi- men of both parties. under the underlying law has ever been dent Obama inherited when he walked First of all, this legislation is bipar- repealed, and it was bipartisan in both into the Presidency 8 years ago. And tisan. It is sponsored by both Repub- the House and the Senate when it was you can’t fail to remember how bleak licans and Democrats. repealed. It has been 16 years, and the and bad the economy was. Second of all, when Mr. CONYERS, Mr. few that will likely be considered under The economy was in the tank. Presi- NADLER, and I were 16 years younger, this act and the underlying law will be dent Obama brought it back. Dodd- in March of 2001, it was the last and just that, a relatively few regulations Frank brought it back. And millions— only time that the underlying law al- that are believed to be unnecessary and 20 million more Americans now have lowed for a regulation to be repealed. It for which the House, the Senate, and health insurance than they had back was prominently called ergonomics. It the President concur. then. And the cost of premiums for was repealed. I had the honor of voting Mr. Speaker, I reserve the balance of working people who had insurance for that as a freshman. my time. through their jobs, the rate of increase Since that time, in spite of the many Mr. CONYERS. Mr. Speaker, I yield 5 has gone to the lowest level over the regulations that some people don’t like minutes to the gentleman from Geor- last 50-plus years. That is real benefits. in one party or another, we have not gia (Mr. JOHNSON), a distinguished What the Republicans want to do, seen fit to have a joint resolution re- member of the Committee on the Judi- they have said they are going to repeal peal a regulation. ciary. and replace ObamaCare. They don’t So let’s talk about what it takes to Mr. JOHNSON of Georgia. Mr. Speak- have anything to replace it with. They do that. It takes both Houses of the er, I rise today to oppose the passage of just simply want to repeal it, and that Congress and the President of the the so-called Midnight Rules Relief Act is the regulation that they seek to get United States to repeal a regulation of 2017, H.R. 21. Let’s not get it twisted. at with this bill, H.R. 21, Midnight created by a bureaucrat, or many bu- This is a mundane area that we are in, Rules Relief Act of 2017. This is an at- reaucrats—a regulation that may or administrative review processes and tempt to bring the standard of living may not be consistent with the law how we are going to deal with regula- that Americans have come to enjoy to passed by this body, by the Senate, and tions coming out of Federal agencies. a halt. It is going to impact negatively by a President in this or a previous This is a mundane topic, but it has real our ability to be secure in our personal Congress. world implications. finances. Again, for the freshmen, we are the The bottom line is this is not a jobs New data from the American Com- body that creates laws, and we do so bill. The American people sent Con- munity Survey indicates that the num- through a complex and difficult proce- gress here to work on jobs and to work ber of uninsured Americans continues

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.043 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H78 CONGRESSIONAL RECORD — HOUSE January 4, 2017 to decline every year. What happens running amok, no regulation will be re- let’s have unlimited numbers of these when our rural hospitals close and scinded under this law any different blocking provisions all into one is be- when all the people from throughout than any normal piece of legislation yond my comprehension. the State have to converge on the passed out of the House and the Senate Mr. Speaker, I yield 2 minutes to the emergency rooms of the urban hos- and signed by the President. gentleman from Tennessee (Mr. pitals, and it is uncompensated care? Mr. Speaker, I reserve the balance of COHEN), a distinguished member of our Who pays for it? You pay for it. my time. committee. Let’s not get this legislation twisted. Mr. CONYERS. Mr. Speaker, I yield Mr. COHEN. Mr. Speaker, I thank the The SPEAKER pro tempore. The myself such time as I may consume. ranking member and chairman in the time of the gentleman has expired. I want to thank the distinguished past, my chairman. Mr. ISSA. Mr. Speaker, I yield an ad- gentleman from California for pointing This bill has come up over many ditional 1 minute of my time to the out how innocent this measure is, and years when I served on this sub- gentleman. I am astounded by his feeling that reg- committee and was the ranking mem- Mr. JOHNSON of Georgia. This is an ulations shouldn’t be examined one by ber and the chair at one time. Mr. ISSA attack on your ideals. I ask that my one. Under this measure, 61 regulations suggested it might only be six or seven colleagues vote against this legisla- could be considered en bloc. To me, regulations. If that was the case, they tion. just trying to put together two regula- could take them individually. Mr. ISSA. I yield myself such time as tions to revoke them would be very, There is a process where regulations I may consume. can be brought before the House, in the Mr. Speaker, I won’t be long. There is very hard to handle. What we are talking about here is a Congressional Review Act, and each nothing mundane about what we are one studied individually, and the House bill that would provide special inter- doing here. Every day in America, Con- could overrule them. I can’t fathom ests with yet another opportunity to gress passes a law maybe, but every that they are bringing this bill for just block critical lifesaving regulations, working day in America, the bureauc- six regulations which they could do in- and I want to say I have never had so racy passes regulations. The fact is, dividually. But even then, that is much opposition to a bill brought to the American people know that the so- wrong to put them all together. We my attention before. 150 environmental called regulatory state that has devel- know what is going to happen is they organizations, consumer organizations, oped during the last half century are going to pass. They are going to and labor organizations have urged the means that, whether Congress is in ses- pass the House. Whether they pass the Members of this body to oppose H.R. 21. sion or not, new laws are being created, Senate is another issue. new rules that cause people in real It is incredible. And then not only are These are not midnight regulations. America, working people and their workers and consumers against this These are regulations that go back to companies, to have to figure out what measure as well as environmentalists, last June. So the term ‘‘midnight regu- new hurdle they have to jump over just businesspeople are against it as well. lations’’ is a misnomer. To say that to earn a living. I feel like there is some missing part these are just decisions made by bu- That is what we are talking about to this thing. The American Sustain- reaucrats, you would think bureau- here, that at least when those are able Business Council has over 200,000 crats were something out of a medical grossly exceeded under the underlying businesses. So here is labor and com- dictionary that was highly contagious. law and intention of Congress, Con- merce combined, urging Congress not Bureaucrats could also be called ex- gress—the House, the Senate—in con- to do this on the second day of a new perts, specialists, dedicated govern- cert with the President, may, in fact, Congress with all the challenges that ment officials. use the same tool, essentially the mak- are before us, and he says it wouldn’t There are people who study these ing of law, in this case to rescind to create any problems. It would be okay issues that, to be implemented, need to law. to put in 1 or 2 or 3 or 5 or 20 or 30 or be fine-tuned to fit into society, some- I just want to again speak to the 40 or 50 or 60. This is incredible. It is times to protect consumers, sometimes younger Members who may not know not that we are working so hard that to protect commerce, and it takes the history of this. All we are really we don’t have time to examine each years and years and years, often, for talking about here in this act is, in one on a particular basis. these regulations to take effect. Some fact, a law created to take away a reg- b 1415 of them protect animals—the soring in- ulation. What we are going to vote on dustry. will allow for, one, two, half a dozen Can you imagine this Congress trying A great majority of this House was in regulations, if there were that many to block regulations which would be of- favor of a bill to protect walking that we think are wrong, through our fered in one bill that could be over 60 horses, but it didn’t get a vote because normal lawmaking process, in many different regulations? I mean, it is un- there were some people in this House ways, to be rescinded. The House has to thinkable. It is not very practical at that were against it and against it so vote a majority, the Senate has to vote all. much that they worked to get one of a majority, and the President has to When we talk about meat labeling the finest Members I have served with, sign it. There really isn’t a whole lot of regulations and then in another para- Ed Whitfield, out of this House. That difference between that and any other graph or another section there would was despicable. I suspect that same legislative business that we do here. be standards for school lunch nutri- power that might have had that effect Now, I have worked with JOHN CON- tion, they would be combined. My could bring that type of regulation up YERS both as a minority member and as friend from California would say, well, to be nullified. I would fear that, and I my chairman. He is a good man. In this that is no problem. We will take them would find it wrong in the spirit of Ed case, I believe that if he looked more separately, but they will all come in Whitfield and fairness. broadly at the question of Congress’ re- the same package. The SPEAKER pro tempore. The sponsibility to review laws made out- So if you wanted to examine all of time of the gentleman has expired. side of this body that he would support these things individually, we could Mr. CONYERS. Mr. Speaker, I yield me. Notwithstanding not getting his have an instance where the whole Con- the gentleman an additional 1 minute. support in this case, we do have both gress could be consumed for weeks or Mr. COHEN. I like Ed Whitfield a lot. Republicans and Democrats on this for months trying to figure out why A lot of us did. He was a great guy. It bill. I expect that on the vote, in both they should block all of these impor- was wrong, what happened, the way he the House and the Senate, it will be bi- tant and sensible safeguards. was forced out because a majority of partisan, and any piece of regulatory Business and labor are joined with this House wanted a vote on that and it law that would come before this body us, and, to me, it is beyond comprehen- could be put in this regulation and it and the Senate, I am confident, would sion for us to be concerned about not would go. have bipartisan support in order to re- taking them up one at a time. This is Tobacco regulations, toys, protec- scind a bad regulation. worse than a conservative point of tions for children, all potentially in So I think for those who are con- view, which I haven’t found myself jeopardy, as well as other regulations cerned about the regulations somehow often agreeing with. But just to say protecting four-legged friends.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.044 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H79 I can imagine when this comes up pieces of legislation put together in consumers, working families, and stu- and the decision is made which bills to one package. dents. This bill denies Congress the op- put into this omnibus bill, you are So lest our freshmen who are about portunity for a careful, individualized, going to have lots of lobbyists coming to take their first vote on a piece of case-by-case review that is appropriate and wanting the bills that affect them legislation—or one that could have a for a reasoned, decisionmaking legisla- adversely, their industry is put in it, major impact—misunderstand, bring- tive body. and you are going to have fundraisers ing together multiple pieces into one Under the Congressional Review Act, right around it. It is going to be a fund- bill is common, but it is always done in if a rule is eliminated, such rule can raising trough for the Republicans to order to gain votes or to maintain never be taken up again in similar use and bidding basically on who wants votes. In fact, you do it at your folly if form without additional legislation to have their regulation put in our bill you lose votes. overriding the restriction, even if the and have it nullified. The nullification I would say to my friend and col- undesirable rule turns out, upon fur- acts back in the 1830s with John Cal- league from Michigan that there is no ther reflection, to have been the best houn are back, not the midnight judges likelihood that 61 pieces of regulation alternative. of President Adams. will be put together because there is no Some of the rules that could be im- Mr. CONYERS. Mr. Speaker, how chance that there would be 61 pieces pacted that are just under the jurisdic- much time remains on each side? that even all Republicans would agree tion of the Education and the Work- The SPEAKER pro tempore. The gen- should be revoked. I would imagine the force Committee include the Depart- tleman from Michigan has 6 minutes number would be less. I suspect that if ment of Labor’s rule requiring Federal remaining. The gentleman from Cali- my bill said 2 or 5 or 10, it would still contractors to provide up to 7 days of fornia has 131⁄2 minutes remaining. be opposed for the same reason, which paid sick leave annually for their em- Mr. ISSA. Mr. Speaker, I yield myself is that it creates inefficiency if there ployees; the upcoming OSHA rule, such time as I may consume. are multiple generally agreed bad which has been under development for My colleague from Tennessee has pieces of legislation that need to be 18 years, which would protect workers been a good friend on many issues. I considered. from exposure to beryllium, a metal know he is passionate about regula- Lastly, and I am not closing, but I that can cause lung disease, resulting tions and laws that he would like to think this may be one of my closing re- in a victim essentially suffocating to have passed, and so am I. marks, for freshmen to understand, death; the Department of Education’s All of us in Congress have seen that this isn’t even about the House. We rule involving the borrower’s defense, it is extremely easy—the longer you have the procedures in the House where which helps student borrowers who are are here, the more you will see it—it is we could put these together. This is defrauded by their universities; and the extremely easy to stop something here. about the Senate that can take 60 Department of Education’s K–12 ac- The same is true about those 61 or so hours, 60 legislative hours or more, to countability rule, which involves the regulations. Any combining of regula- do one piece of legislation. We know implementation of the Every Student tions, unless they are overwhelmingly that the Senate has confirmations to Succeeds Act, making sure that all stu- disapproved, actually makes them do of judges and appointees for the dents can graduate ready for success harder to pass. We are not going to put Cabinet, and they have other legisla- for college and career. 61 pieces of legislation, each of which tive work, and we cannot afford to The SPEAKER pro tempore. The has at least one or two or three or a have them backed up now or in the fu- time of the gentleman has expired. dozen Republicans who vehemently op- ture if there are multiple regulations Mr. CONYERS. Mr. Speaker, I yield pose that regulation being rescinded. that need to be rescinded. the gentleman an additional 30 sec- The fact is it is only the worst of the Mr. Speaker, I reserve the balance of onds. worst that are going to be stayed my time. Mr. SCOTT of Virginia. H.R. 21 is through this process and then reevalu- Mr. CONYERS. Mr. Speaker, I yield 2 poised to allow wholesale undermining ated by the new administration. minutes to the gentleman from Vir- of critical protections for students, I will mention, though, for my col- ginia (Mr. SCOTT), who, up until re- workers, taxpayers, and consumers. I, leagues on the other side of this debate cently, was a very active member of therefore, urge a ‘‘no’’ vote. today, that we do appropriations every the House Judiciary Committee. He is Mr. ISSA. Mr. Speaker, I continue to year. The American people, and for the now the ranking member on the Edu- reserve the balance of my time. freshmen who haven’t voted on appro- cation and the Workforce Committee. priations yet, think of appropriations Mr. SCOTT of Virginia. Mr. Speaker, b 1430 as somehow different than the law. It I rise in opposition to H.R. 21, the so- Mr. CONYERS. Mr. Speaker, I yield 2 really isn’t. Appropriation is simply a called Midnight Rules Relief Act, minutes to the gentlewoman from law that provides funding. which amends the Congressional Re- Florida (Ms. CASTOR). Every appropriation bill during the view Act. The Congressional Review Ms. CASTOR of Florida. I thank the entire nearly 8 years of President Act allows Congress to overrule regula- gentleman for yielding. Obama has been some form of a con- tions promulgated by the executive Mr. Speaker, I rise in strong opposi- tinuing resolution or an omnibus. But branch. That law expects a deliberative tion to the Republicans’ Midnight as my colleague from Tennessee knows, approach to considering each and every Rules Relief Act. every one of those has had dozens to rule. The bill is an unnecessary abdication hundreds of laws attached to them. We H.R. 21 would allow Congress to con- of legislative responsibility by the Re- call them riders. We have terms for sider a joint resolution to simulta- publican-led Congress, and it is very them. The fact is that a single appro- neously disapprove of multiple regula- poor public policy. The bill short-cir- priations bill, often done just before tions all at once when such rules are cuits open debate and public participa- the end of funding of the government, issued in the last 60 legislative days of tion. It is also very wasteful because it always—always—has dozens, if not a session of Congress during the final jettisons carefully and long-crafted hundreds, of laws attached to it. year of a President’s term. In this case, policies that protect American families So the idea that we don’t group to- the 60 legislative days reach-back from threats to their economic secu- gether things which are relatively non- would apply to rules issued as far back rity, their health, and their safety. controversial, that will cause someone as June of last year, almost 7 months Under the U.S. Constitution, after to still vote for the bill in spite of it before the end of the President’s term. Congress passes a law, agencies craft being in there, would be to be dishonest To call rules issued that long ago a rules to implement that legislation. If to the freshmen who need to know that midnight rule is a particular mis- Members of Congress want to clarify or we do for efficiency bring together nomer. change executive branch regulations, things that we can pass en bloc, and we This bill puts in place an indiscrimi- they have a responsibility to address do it all the time—and even major leg- nate process to eliminate rules, many the matter in a transparent way and islation. I dare say, the Affordable Care of which have been under development through open, regular order. Repub- Act and others are, in fact, multiple for years—or even decades—to protect licans don’t want to do that, however,

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.046 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H80 CONGRESSIONAL RECORD — HOUSE January 4, 2017 because the public might find out what CONGRESSIONAL RESEARCH SERVICE, tion. If introduced and considered at the they are doing. January 3, 2017. proper time, such a joint resolution cannot MEMORANDUM be filibustered in the Senate. This Republican scheme sets a dan- The projected second-session meeting Subject: ‘‘Major’’ Obama Administration gerous precedent by expanding the schedules of the House and Senate issued by Rules Potentially Eligible to be Over- each chamber’s majority leader may be used ability of the Congress to use the Con- turned under the Congressional Review to estimate the date in 2016 after which final gressional Review Act to disapprove Act in the 115th Congress. rules submitted to Congress will be subject hundreds of carefully crafted policies From: Maeve P. Carey, Specialist in Govern- to the renewed review periods in 2017 de- ment Organization and Management; at one time and with very little notice scribed above. The estimated start of the Christopher M. Davis, Analyst on Con- or debate. Republicans want to reach reset period for all rules was determined by gress and the Legislative Process; Casey back to last May and cherry-pick poli- counting back from the projected sine die Burgat, Research Assistant. cies that they do not agree with. This memorandum lists ‘‘major’’ rules adjournment in the respective chambers—60 days of session in the Senate and 60 legisla- But how will the public know? issued by federal agencies under the Barack Obama Administration that are potentially tive days in the House—then taking the ear- That will be difficult; and, in many subject to consideration under the proce- lier of the two dates. instances, Republicans do not want the dures of the Congressional Review Act (CRA) Under this calculation, CRS estimates that public to know. in the 115th Congress. This is an updated agency final rules submitted to Congress on version of a general distribution memo- or after June 13, 2016, will be subject to re- I urge my colleagues to reject this randum released by CRS on November 17, newed review periods in 2017 by a new Presi- power grab by the new Republican Con- 2016, and previously updated on December 6, dent and a new Congress. CRS day count es- gress. It is just like what they tried to 2016. timates are unofficial and non-binding; the do yesterday with the Office of Con- House and Senate Parliamentarians are the BACKGROUND ON THE CONGRESSIONAL REVIEW sole definitive arbiters of the operation of gressional Ethics. These policies don’t ACT the CRA mechanism and should be consulted just come out of thin air. There is a The CRA is a tool that Congress may use if a formal opinion is desired. to overturn a rule issued by a federal agency, long, painstaking process with exten- ‘‘MAJOR’’ OBAMA ADMINISTRATION RULES PO- including, in some cases, rules issued in a sive public comment. Public participa- TENTIALLY ELIGIBLE FOR CONSIDERATION previous session of Congress and by a pre- tion doesn’t appear to be a priority in UNDER THE CRA IN 2017 vious President. The CRA requires agencies this new Congress, so reject this dark to report on their rulemaking activities to Using this estimated reset date of June 13, bill. Side, instead, with our democratic Congress and provides Congress with a spe- 2016, CRS compiled a list of major rules that principles in America, which include cial set of procedures under which to con- would fall under this reset period—i.e., rules open debate, transparency, fiscal re- sider legislation to overturn those rules. The that could be overturned in the 115th Con- CRA, which was enacted in 1996, was largely gress using the CRA. sponsibility, and the security of our Table 1 lists the major rules CRS has iden- neighbors. intended to assert control over agency rule- making by establishing a special set of expe- tified as of January 3, 2017, that could be eli- Mr. ISSA. Mr. Speaker, I yield myself dited or ‘‘fast track’’ legislative procedures gible for the reset mechanism. To identify such time as I may consume. for this purpose, primarily in the Senate. these rules, CRS used a two-step process. Of the approximately 73,000 final rules that First, CRS consulted the Government Ac- The gentlewoman from Florida, I am have been submitted to Congress since the countability Office’s (GAO’s) federal rules sure, is well intended, but there is legislation was enacted in 1996, the CRA has database to identify major rules that were nothing more transparent than calling been used to disapprove one rule: the Occu- issued during calendar year 2016 and posted up to the floor of this House and debat- pational Safety and Health Administration’s on GAO’s website as of January 3, 2017. Sec- November 2000 final rule on ergonomics, ond, CRS used LIS’s ‘‘Executive Communica- ing the removal of regulations that tions’’ database to identify when these rules have been found to be excessive or ex- which was overturned using the CRA in March 2001. The primary reason the CRA has were received in Congress. treme or simply not consistent with overturned one rule in the 20 years since its MAJOR RULES ISSUED BY THE OBAMA ADMINIS- the law. That is a transparent process. enactment is that under most cir- TRATION THAT ARE POTENTIALLY ELIGIBLE The term ‘‘regular order,’’ in fact, cumstances, it is likely that a President FOR DISAPPROVAL UNDER THE CONGRES- could not be more appropriate to that would veto such a resolution in order to pro- SIONAL REVIEW ACT IN THE 115TH CONGRESS process. We passed a law nearly three tect rules developed under his own adminis- MAJOR RULES LISTED ON GAO’S WEBSITE AS OF Presidents ago, if you will, that simply tration, and it may also be difficult for Con- JANUARY 3, 2017 gress to muster the two-thirds vote in both called for this procedure. Title of Rule (As Published in Federal Reg- houses needed to overturn the veto. How- ister) and RIN Numbers are as follows: All I am saying is we should not be ever, under a specific set of circumstances— Exemptions To Facilitate Intrastate and mired down, if there are five or six or a turnover in party control of the White Regional Securities Offerings, 3235-AL80; In- eight bad regulations, in not combining House, particularly a turnover in which the vestment Company Liquidity Risk Manage- incoming President shares a party affiliation them together for purposes of getting ment Programs, 3235-AL61; Retention of EB– with a majority in both houses of Congress— 1, EB–2, and EB–3 Immigrant Workers and them disposed of in a timely fashion. I the CRA is more likely to be used success- might suggest to everyone that they Program Improvements Affecting High- fully. The March 2001 rejection of the Skilled NonImmigrant Workers, 1615-ACO5; remember that many of us did not sup- ergonomics rule was the result of that set of Walking-Working Surfaces and Personal port the regulation change yesterday circumstances. Similar circumstances will Protective Equipment (Fall Protection Sys- as to the ethics oversight, because we take place in 2017 after the start of the 115th tems), 1216-AB80; Waste Prevention, Produc- Congress and after President-elect Donald J. tion Subject to Royalties, and Resource Con- do believe in transparency and will Trump is sworn into office. continue to believe in transparency. servation, 1004-AE14; Investment Company CRA ‘‘RESET’’ MECHANISM Swing Pricing, 3235-AL61; Establishing a Again, nothing is more transparent Section 801(d) of the CRA provides that, if More Effective Fair Market Rent System; than bringing to the House floor the Congress adjourns its annual session sine die Using Small Area Fair Market Rents in the debate about something that is be- less than 60 legislative days in the House of Housing Choice Voucher Program Instead of lieved to have been wrong done by Representatives or 60 session days in the the Current 50th Percentile FMRs, 2501-AD74; unelected bureaucrats. ‘‘Bureaucrat’’ is Senate after a rule is submitted to it, then Medicare Program; Revisions to Payment the periods to submit and act on a dis- Policies Under the Physician Fee Schedule not a dirty word, but ‘‘unelected’’ fits approval resolution ‘‘reset’’ in their entirety and Other Revisions to Part B for CY 2017; this process. in the next session of Congress’’ The purpose Medicare Advantage Bid Pricing Data Re- Mr. Speaker, I reserve the balance of of this provision is to ensure that both lease; Medicare Advantage and Part D Med- my time. houses of Congress have sufficient time to ical Loss Ratio Data Release; Medicare Ad- consider disapproving rules submitted during vantage Provider Network Requirements; Mr. CONYERS. Mr. Speaker, I in- this end-of-session ‘‘carryover period.’’ This Expansion of Medicare Diabetes Prevention clude in the RECORD a CRS Report that provision applies in every session of Con- Program Model; Medicare Shared Savings highlights the fact that it would be gress, but it is of particular relevance in ses- Program Requirements, 0938-AS81. sions of Congress that coincide with presi- Medicare Program; CY 2017 Inpatient Hos- permissible under this proposed bill dential transitions. This provision allows, pital Deductible and Hospital and Extended that as many as 61 regulations could be for a limited time period, a new Congress to Care Services Coinsurance Amounts, 0938- bundled into one package and blocked consider a joint resolution disapproving a AS70; Medicare Program; Medicare Part B by this bill. rule issued late in the previous administra- Monthly Actuarial Rates, Premium Rate,

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.048 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H81 and Annual Deductible Beginning January 1, Fiscal Year 2017 Rates; Quality Reporting Mr. Speaker, here we go again with 2017, 0938-AS72; Hospital Outpatient Prospec- Requirements For Specific Providers; Grad- another piece of misguided legislation, tive Payment and Ambulatory Surgical Cen- uate Medical Education; Hospital Notifica- but this one will jeopardize the health ter Payment Systems and Quality Reporting tion Procedures Applicable To Beneficiaries Programs; Organ Procurement Organization Receiving Observation Services; Technical and safety of the American people to Reporting and Communication; Transplant Changes Relating To Costs To Organizations benefit corporate America and pol- Outcome Measures and Documentation Re- & Medicare Cost Reports; Finalization Of In- luters. quirements; Electronic Health Record (EHR) terim Final Rules With Comment Period On Let’s be clear. The protections that Incentive Programs; Payment to Non- LTCH PPS Payments For Severe Wounds, will be overwhelmingly targeted by excepted Off-Campus Provider-Based Depart- Modifications Of Limitations On Redesigna- this measure are not so-called mid- ment of a Hospital; Hospital Value-Based tion By The Medicare Geographic Classifica- night regulations. These are rules that Purchasing (VBP) Program; Establishment tion Review Board, & Extensions Of Pay- of Payment Rates Under the Medicare Physi- ments To MDHS And Low-Volume Hospitals, went through significant vetting. cian Fee Schedule for Nonexcepted Items 0938-A577; 0938-A588; 0938-AS41; Workforce In- There are a host of statutes that gov- and Services Furnished by an Off-Campus novation And Opportunity Act; Joint Rule ern how regulations are crafted. From Provider-Based Department of a Hospital, For Unified And Combined State Plans, Per- the Administrative Procedure Act to 0938-AS82; Medicare Program; Merit-Based formance Accountability, And The One-Stop the Regulatory Flexibility Act, to the Incentive Payment System (MIPS) and Al- System Joint Provisions; Final Rule, 1205- Unfunded Mandates Reform Act, to the ternative Payment Model (APM) Incentive AB74; Workforce Innovation And Oppor- Paperwork Reduction Act, there are Under the Physician Fee Schedule, and Cri- tunity Act, 1205-AB73; Medicare Program; teria for Physician-Focused Payment Mod- Prospective Payment System And Consoli- numerous processes to ensure regula- els, 0938-AS69; Medicare and Medicaid Pro- dated Billing For Skilled Nursing Facilities tions are written in a way that protect grams; CY 2017 Home Health Prospective For FY 2017, SNF Value-Based Purchasing the American people while preventing Payment System Rate Update; Home Health Program, SNF Quality Reporting Program, overreach. Value-Based Purchasing Model; and Home And SNF Payment Models Research, 0938- Mr. Speaker, as the ranking member Health Quality Reporting Requirements, AS75. of the Small Business Committee, I am 0938-AS80; Student Assistance General Provi- Medicare Program; Inpatient Rehabilita- sions, Federal Perkins Loan Program, Fed- tion Facility Prospective Payment System well acquainted with the need to en- eral Family Education Loan Program, Wil- For Federal Fiscal Year 2017, 0938-AS78; sure that the regulatory process is bal- liam D. Ford Federal Direct Loan Program, Medicare Program; FF 2017 Hospice Wage anced. No one here supports overregu- and Teacher Education Assistance for Col- Index And Payment Rate Update And Hos- lation; but, at the same time, we can- lege and Higher Education Grant Program, pice Quality Reporting Requirements, 0938- not eliminate safeguards that have a 1840-AD19; Energy Conservation Program: AS79; Margin And Capital Requirements For proven record of protecting the Amer- Energy Conservation Standards for Miscella- Covered Swap Entities, 3052-AC69; Medicare ican public. This bill also has the po- neous Refrigeration Products, 1904-AC51. Program; FY 2017 Inpatient Psychiatric Fa- Medicaid Program; Final FY 2014 and Pre- cilities Prospective Payment System—Rate tential to create significant regulatory liminary FY 2016 Disproportionate Share Update, 0938-AS76; National School Lunch uncertainty for the same small busi- Hospital Allotments, and Final FY 2014 and Program And School Breakfast Program. nesses my colleagues say they are try- Preliminary FY 2016 Institutions for Mental Nutrition Standards For All Foods Sold In ing to help. Diseases Disproportionate Share Hospital School As Required By The Healthy, Hunger- At its core, this bill is about enabling Limits, 0938-ZB30; Cross-State Air Pollution Free Kids Act Of 2010, 0584-AE09; Revised the largest and most powerful corpora- Rule Update For The 2008 Ozone NAAQS, Critical Infrastructure Protection Reli- tions to run rampant—without ac- 2060-AS05; Greenhouse Gas Emissions and ability Standards No RIN provided; Amend- countability. The legislation before us Fuel Efficiency Standards for Medium-and ments To The Commission’s Rules Of Prac- Heavy-Duty Engines and Vehicles—Phase 2, tice, 3235-AL87; Disclosure Of Payments By could result in less protections for con- 2060-AS16; U.S. Citizenship and Immigration Resource Extraction Issuers, 3235-AL53; Mi- sumers, and it could strip away work- Services Fee Schedule, 1615-AC09; Treatment gratory Bird Hunting; Seasons And Bag And place protections. We should reject this of Certain Interests in Corporations as Stock Possession Limits For Certain Migratory bill. I urge my colleagues to vote ‘‘no.’’ or Indebtedness, 1545-BN40; Establishment of Game Birds, 1018-BA70; Oil And Gas And Sul- Mr. CONYERS. Mr. Speaker, I yield the Electronic Visa Update System (EVUS), fur Operations On The Outer Continental back the balance of my time. 1651-ABO8; ONC Health IT Certification Pro- Shelf—Requirements For Exploratory Drill- gram: Enhanced Oversight and Account- ing On The Arctic Outer Continental Shelf, Mr. ISSA. Mr. Speaker, may I inquire ability, 0955-AA00; Clearing Requirement De- 1082-AA00. as to how much time I have remaining? termination Under Section 2(H) of the Com- Medication Assisted Treatment For Opioid The SPEAKER pro tempore. The gen- modity Exchange Act For Interest Rate Use Disorders, 0930-AA22; Department Of tleman from California has 71⁄2 minutes Swaps, 3038-AE20; Standards For Covered Labor Federal Civil Penalties Inflation Ad- remaining, and the time of the gen- Clearing Agencies, 3235-AL48. justment Act Catch-Up Adjustments, 1290- tleman from Michigan has expired. Medicare and Medicaid Programs, Reform AA31; General Administrative Regulations; of Requirements for Long-Term Care Facili- Catastrophic Risk Protection Endorsement; Mr. ISSA. Mr. Speaker, I yield myself ties, 0938-AR61; Child Care And Development Area Risk Protection Insurance Regulations; the balance of my time. Fund (CCDF) Program, 0970-AC67; Estab- And The Common Crop Insurance Regula- I served on the Small Business Com- lishing Paid Sick Leave For Federal Con- tions, Basic Provisions, 0563-AC49; Transi- mittee with Ms. VELA´ ZQUEZ a long time tractors, 1235-AA13; OCC Guidelines Estab- tion Assistance Program (TAP) For Military ago. One thing that we all know is, lishing Standards For Recovery Planning By Personnel, 0790-AJ17; Operation And Certifi- with regard to that committee, the Certain Large Insured National Banks, In- cation Of Small Unmanned Aircraft Sys- NFIB—the National Federation of sured Federal Savings Associations, And In- tems, 2120-AJ60; Transit Asset Management, sured Federal Branches; Technical Amend- National Transit Database; FTA–2014-0020, Independent Business—and small busi- ments, 1557-AD96; Emergency Preparedness 092132-ABO7; Revision Of Fee Schedules; Fee ness groups alike are something we Requirements For Medicare And Medicaid Recovery For Fiscal Year 2016, 3150-AJ66; look at, even NAM—the National Asso- Participating Providers And Suppliers, 0938- Medicare Program; Medicare Clinical Diag- ciation of Manufacturers—and, of A091; Migratory Bird Hunting Regulations nostic Laboratory Tests Payment System, course, the Chamber. All of those orga- On Certain Federal Indian Reservations And 0938-AS33; James Zadroga 9/11 Victim Com- nizations support this legislation. They Ceded Lands For The 2016–17 Season, 1018- pensation Fund Reauthorization Act, 1105- have written letters in support, and I BA70; Safety And Effectiveness Of Consumer AB49; Energy Conservation Program: Energy include in the RECORD those letters. Antiseptics; Topical Antimicrobial Drug Conservation Standards For Battery Char- Products For Over-The-Counter-Human Use, gers, 1904-AB57; Energy Conservation Pro- The following is a list of supporters of H.R. 0910-AF69; Head Start Performance Stand- gram: Energy Conservation Standards For 21, the Midnight Rules Relief Act: ards, 0970-AC63; Standards Of Performance Dehumidifiers, 1904-AC81; Removal Of Man- American Action Forum, American Center For Municipal Solid Waste Landfills, 2060- datory Country Of Origin Labeling Require- for Law and Justice, American Commitment, AMO8; Emission Guidelines And Compliance ments For Beef And Pork Muscle Cuts, American Energy Alliance, American Fuel Times For Municipal Solid Waste Landfills, Ground Beef, And Ground Pork, 0581-AD29. and Petrochemical Manufacturers, Ameri- cans for Prosperity—Key Vote, Americans 2060-AS23. Mr. CONYERS. Mr. Speaker, I yield Federal Acquisition Regulation; Fair Pay for Tax Reform, Associated Builders and And Safe Workplaces, 9000-AM81; Medicare the balance of my time to the gentle- Contractors, Competitive Enterprise Insti- Program; Hospital Inpatient Prospective woman from New York (Ms. tute, Concerned Women for America. Payment Systems For Acute Care Hospitals VELA´ ZQUEZ). Family Business Coalition, And The Long-Term Care Hospital Prospec- Ms. VELA´ ZQUEZ. I thank the gen- FreedomWorks, Heating Air-conditioning & tive Payment System & Policy Changes & tleman for yielding. Refrigeration Distributors International

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(HARDI), International Franchise Associa- MANUFACTURERS, $875 billion in finalized burden costs. As the tion, Let Freedom Ring, National Associa- January 4, 2017. economy became increasingly festooned with tion of Electrical Distributors (NAED), Na- HOUSE OF REPRESENTATIVES, rule making and regulatory drag, conserv- tional Association of Manufacturers, Na- Washington, DC. atives have promised to bring the regulatory tional Federation for Independent Business, DEAR REPRESENTATIVE: On behalf of the state to sanity given the first opportunity. R Street Institute, SBE Council, U.S. Cham- National Association of Manufacturers That moment has presumably arrived. Con- ber of Commerce. (NAM), I am writing to express manufactur- gress returns from the holidays with plans to ers’ support for the passage of H.R. 21, the get started. ASSOCIATED BUILDERS Midnight Rules Relief Act of 2017, introduced Specifically, I expect that the House will AND CONTRACTORS, INC., by Congressman Darrell Issa (R–CA). begin cleaning up the midnight regulatory January 4, 2017. The NAM is the largest manufacturing as- onslaught by the Obama administration. His- HOUSE OF REPRESENTATIVES, sociation in the United States, representing torically, this would have required a regula- Washington, DC. small and large manufacturers in every in- tion-by-regulation use of the Congressional DEAR REPRESENTATIVE: On behalf of Asso- dustrial sector and in all 50 states. Manufac- Review Act (CRA). Instead, the House will ciated Builders and Contractors (ABC), a na- turing employs nearly 12 million men and consider a bill (HR 5982 in the last Congress), tional construction industry trade associa- women, contributes more than $1.8 trillion which would permit Congress to disapprove tion with 70 chapters representing nearly to the U.S. economy annually, has the larg- multiple midnight rules en banc—in a single 21,000 chapter members, I am writing in re- est economic impact of any major sector, resolution. gard to the Regulations from the Executive and accounts for two-thirds of private sector That takes care of the last-gasp efforts of in Need of Scrutiny (REINS) Act of 2017 research and development. The NAM is the the outgoing president. But what guarantees (H.R. 26) introduced by Rep. Doug Collins (R– leading advocate for a policy agenda that better performance in the future? The House GA) as well as the Midnight Rules Relief Act helps manufacturers compete in the global will next turn to the Regulations from the of 2017 (H.R. 21) introduced by Rep. Darrell economy and create jobs across the United Executive in Need of Scrutiny (REINS) Act. States. Issa (R–CA). With the REINS Act, Congress would have 70 The Midnight Rules Relief Act of 2017 From 2009 to present, the federal govern- would amend the Congressional Review Act legislative days to approve a major rule with ment imposed nearly $900 billion in regu- to provide Congress the authority to con- economic impact over $100 million. Only latory costs on the American people which sider one joint resolution of disapproval for then would it be sent to the president for sig- requires billions of hours of paperwork. regulations en bloc as opposed to a single nature. Without a positive vote, the regula- Many of these regulations have been or will regulation at a time. As the end of an Ad- tion would not take effect. If enacted, REINS be imposed on the construction industry. ministration approaches, there is an incen- could save more than $27 billion in annual ABC is committed to reforming the broken tive for federal agencies to issue a signifi- regulatory costs and 11.5 million paperwork federal regulatory process and ensuring in- cant number of regulations. These are known burden hours according to AAF research by dustry stakeholders’ voices are heard and as midnight rules, and H.R. 21 would allow Sam Batkins. rights are protected. ABC supports increased Congress to effectively respond to regula- Passage of the REINS Act (or other, simi- transparency and opportunities for regu- tions that conflict with congressional intent, lar, legislation) would insert Congress more latory oversight by Congress and ultimately, exceed an agency’s statutory authority or firmly into the regulatory process, a signifi- the American people. are hastily drafted and issued as an Adminis- cant change that is not done lightly. How- The Obama administration issued numer- tration prepares its departure. ever, the lesson of the past eight years is ous rulemakings that detrimentally impact The problem of midnight rules is not new that even without executive overreach the the construction industry. In some cases, and is not unique to a particular political regulatory process does not correctly bal- these regulations are based on conjecture party. As an administration attempts to ance benefits and costs; a recalibration of and speculation, lacking foundation in sound complete its regulatory agenda, an abun- the underlying process is overdue. scientific analysis. For the construction in- dance of midnight rules can overwhelm Con- SMALL BUSINESS & dustry, unjustified and unnecessary regula- gress’ ability to engage in proper oversight ENTREPRENEURSHIP COUNCIL, tions translate to higher costs, which are of federal agencies. Midnight rules can be Vienna, VA, January 3, 2017. then passed along to the consumer or lead to issued without justification and without an Hon. DARRELL ISSA, construction projects being priced out of the agency conducting proper regulatory anal- House of Representatives, market. This chain reaction ultimately re- ysis. Congress should be granted the author- Washington, DC. sults in fewer projects, and hinders busi- ity needed to appropriately respond to the DEAR REPRESENTATIVE ISSA: The Small nesses’ ability to hire and expand. issuance of a midnight rules that might not Business Entrepreneurship Council (SBE ABC members understand the value of be drafted in accordance with sound regu- Council) strongly supports the ‘‘Midnight standards and regulations when they are latory principles. Rules Relief Act.’’ This legislation is vital as based on solid evidence, with appropriate Manufacturers support a regulatory sys- it provides a needed check against the surge consideration paid to implementation costs tem that results in regulations that effi- in new and questionable regulatory activity and input from the business community. ciently and effectively achieve policy objec- that is flooding into the Federal Register, Federal agencies must be held accountable tives, and we urge you to support passage of which will eventually make its way to small for full compliance with existing rulemaking H.R. 21, the Midnight Rules Relief Act of businesses. statutes and requirements when promul- 2017. While ‘‘midnight regulations’’ have been a gating regulations to ensure they are nec- Thank you for your consideration. problem across Administrations, what is essary, current and cost-effective for busi- Sincerely, happening in the current period is stag- nesses to implement. ROSARIO PALMIERI. gering. According to the American Action ABC opposes unnecessary, burdensome and Forum, the current output of midnight rules [From Americanactionforum.org, Jan. 3, costly regulations resulting from the efforts is up 42 percent over 2008, and 48 percent over 2017] of Washington bureaucrats who have little 2000. This regulatory surge must be accountability for their actions. H.R. 26 will THE REGULATORY CLEANUP BEGINS ‘‘checked’’ and contained by Congress before help to bring greater accountability to the (By Douglas Holtz-Eakin, Patrick Hefflinger) it causes permanent damage to the competi- rulemaking process as it would require any On Wednesday Vice President-elect Mike tiveness of many types of small businesses. executive branch rule or regulation with an Pence is scheduled to meet with House Re- The end-game push on the regulatory front annual economic impact of $100 million or publicans to discuss Obamacare repeal and will undoubtedly show that shortcuts were more to come before Congress for an up-or- replacement plans. Republicans are expected taken in a process meant to protect small down vote before being enacted. Moreover, to delay repealing parts of Obamacare to businesses. Mercatus Center research found H.R. 21 will further enhance congressional allow for more time to design a replacement that the quality of analysis suffers during oversight of the overreaching regulations health care plan. President Obama is ex- the midnight regulatory period, which means often issued during the final months of a pected to meet with Congressional Demo- these regulations are ‘‘excessively costly’’ or president’s term and help to revive the divi- crats on Wednesday as well to discuss plans ineffective. Poorly constructed and politi- sion of powers. for defending Obamacare from repeal. cally-driven regulation will only create more Thank you for your attention on this im- Last week the Department of Justice uncertainty and costs for our nation’s strug- portant matter and we urge the House to (DOJ) announced that they had reached final gling small businesses. pass the Regulations from the Executive in agreements with Swiss banks on the Swiss Your legislation will provide Congress with Need of Scrutiny (REINS) Act of 2017 and Bank Program. The program aims to help fi- needed flexibility in using the Congressional Midnight Rules Relief Act of 2017 when they nancial institutions avoid criminal liabil- Review Act (CRA) by allowing a CRA resolu- come to the floor for a vote. ities due to U.S. tax crimes by granting tion to address more than one regulation. Sincerely, banks non-prosecution eligibility if they This important reform enhances the CRA KRISTEN SWEARINGEN, meet certain requirements. The Swiss Bank and allows Congress to use its time effi- Vice President of Legislative & Political program was initially announced in 2013. ciently to address the many issues that face Affairs. EAKINOMICS: THE REGULATORY CLEANUP BEGINS our economy and nation. The tally has been mounting for years— Thank you for your continued leadership NATIONAL ASSOCIATION OF over 3,000 costly regulations totaling nearly on issues important to entrepreneurs and

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A04JA7.020 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H83 small businesses. Please let us know how we House to enact new rules, as well as Repub- years ago, or 21 years ago. We are not can help to ensure the ‘‘Midnight Rules Re- licans who principally support limiting the creating jobs at the rate of our popu- lief Act’’ is signed into law. size and scope of government. lation. We should not have some sort of Sincerely, Americans across the county voted for an accolade for regulations having cre- KAREN KERRIGAN, President-elect Donald Trump and a Repub- President & CEO. lican majority in Congress because they are ated a great economy if, in fact, that tired of President Obama’s harmful regu- economy has grown less than 2 percent [From Townhall, Jan. 4, 2017] latory agenda. It’s little surprise that Presi- a year and has not kept up with any THE HOUSE CAN START REVERSING OBAMA’S dent-elect Donald Trump swept rust belt historic 8-year period. To me, that is REGULATORY OVERREACH states and the upper Midwest in the recent an important part. Although the dis- (By Christine Harbin) election—these parts of the country have cussion I just had was about more than been devastated by President Obama’s regu- President Obama has made a series of exec- regulations, let’s understand that the latory overreach, and they stood to lose even utive decisions in his final weeks in office growth of regulations—of lawmaking— further under the threats of a Hillary Clin- that will undoubtedly harm the economy. ton administration. is certainly not the creator of jobs. Particularly egregious were his recent an- Congress is right to reverse President I think, when we look at the cost— nouncements on energy and environmental Obama’s regulatory assault on job creation and that is a lot of what we are dealing policy: He rejected the permit for the Dakota and economic growth in this county, and it access pipeline, exempted wind farm compa- with in the manager’s amendment in should work closely with President-elect nies from killing eagles, abused the Antiq- this bill—we are dealing with the rec- Trump in peeling it back. Representatives uities Act to remove western lands from eco- ognition that we are looking at regula- should support the two regulatory reform nomic development, and prohibited federal tions in light of how much they cost. bills when they come up on the floor this offshore drilling and mineral leases on mil- week, and they should seek additional efforts Now, that cost is based on independent lions of acres across the country, including to overturn these myriad rules, including fu- scoring. It is not the administration’s 115 million acres off the coast of Alaska. ture Congressional Review Act resolutions of scoring and it is not my scoring. It is This flurry of regulatory activity is simply disapproval and adding appropriations riders that of the Congressional Budget Of- the latest in a long line of overreaches from that would prohibit funding for implementa- the Obama White House. The outgoing presi- fice’s, an independent agency that tion of the worst rules, while executive agen- dent has consistently sought ways to enact doesn’t always give a score I want, but cies promulgate new rules to eliminate his agenda unilaterally over his two terms— the score is not arrived through par- them. notoriously ‘‘working around Congress’’ in tisan activities. Doing so will send a strong message that order to do so. A recent report from the lawmakers are willing to stand up to the ex- I reach out again to the Members American Action Forum found that the ecutive overreach of the past eight years. who may not yet know that what we Obama administration issued 600 major regu- are asking is simply to assert our nor- lations totaling $743 billion over the course Mr. ISSA. Mr. Speaker, the fact is we of his presidency. This is an average of 81 are hearing many people talk about mal ability in Congress and put to- major regulations—regulations that exceed important regulations and of their gether one or more ideas for the effi- $100 million by agency estimates—per year. somehow being taken out. Let’s under- ciency of the body, to send it from here Thankfully, the House of Representatives stand that regulations can go both to the Senate, and from the Senate to is poised to hit the ground running in slow- ways. These changes and the under- the President. What we are proposing ing the growth of the regulatory state. Rep- in this legislation as a small change to resentatives will consider two important lying law can also protect the other way. The fact is now we are in the fu- the underlying legislation that has bills on the floor as one of their first orders been with us for three Presidents is, in of business for the year. Both bills, once ture. You could have an administration passed by the Senate and signed by future that, in its final days, changes regula- fact, consistent with this body’s doing President Trump, will bring meaningful re- tions to make them more lenient to its job, in regular order, in the clear lief to the American families and businesses large businesses, more lenient to pol- light of day. across the country who are currently drown- luters, more lenient to the employers I think the important message for ing in red tape. this piece of bipartisan legislation is: The first bill, Rep. Darrell Issa’s Midnight to the detriment of their employees. Regulations can go both ways, and we are taking back a limited amount of Rule Relief Act, is particularly important our capability, trying to streamline it, given the onslaught of regulations coming only the most extreme regulations— from the White House and the scarcity of literally one since the enactment of and giving the President an oppor- available floor time in Congress. It would the underlying legislation—has ever tunity to accept or reject a piece of allow Congress to disapprove of multiple so- been repealed. legislation voted on by a majority of called ‘‘midnight rules’’—regulations final- I don’t want to belittle my own legis- the House and a majority of the Senate ized in the waning days of the administra- lation, but let’s understand that there before it gets to the President. The tion—using a single Congressional Review President, if he feels we have included Act (CRA) resolution, as opposed to dis- won’t be 61 en bloc being brought. There will be some, I hope, and there even one regulation inappropriately approving of these rules individually. This that he would like to retain, would change will make it easier for Congress to may be more than one. Yet for Con- disapprove of the Obama administration’s re- gress to take back, piece by piece, its veto our bill. cent spate of economically dangerous ac- responsibility and then live up to that Lastly, I beg everyone to look at this tions. responsibility should be all of our for what it is, not for what others say The second bill, the Regulations from the goals. it is, because it is simply Congress Executive in Need of Scrutiny (REINS) Act, doing its job in an efficient fashion and is also important. This would require execu- Now, this legislation was limited to midnight rules. Let’s understand that consistent with 20-plus years of history tive agencies to submit ‘‘major’’ rules—those and with there being only one piece— with an annual economic impact of $100 mil- midnight rules are the rules done in lion or more—to Congress for review and a the waning days of an administration— one time—when a regulation was with- clear up-or-down vote before the rules take 7-plus years into this administration— drawn. No President since that time effect. This would assert Congress’s proper and many of these rules, in fact, were has tried to produce or has asked Con- role in approving the rules that govern the enacted after the last vote of the peo- gress to pass a law so as to put into ef- country, an authority which has been in- ple. I think it is important to under- fect a regulation that, on a bipartisan creasingly delegated to executive agencies. basis, the House, the Senate, and a It would also encourage more debate among stand that, on election day, the Amer- ican people delivered a resounding mes- President thought should go. I urge the lawmakers about the size and scope of the support for this bill. federal government. Incoming Sen. Todd sage to Washington: stop the regu- Young championed this important legisla- latory, Big Government onslaught that Mr. Speaker, I yield back the balance tion during his time in the House; it’s good is killing jobs. of my time. to see Rep. Doug Collins introduce it in this One of my colleagues earlier spoke of The SPEAKER pro tempore. All time new Congress. the fact that we had had so many for debate has expired. Both of these bills received bipartisan sup- jobs—15 million jobs—created in the Pursuant to section 5(b) of House port in past Congresses; they may enjoy even more in this current one. Strange bedfellows last 8 years. The percentage of the Resolution 5, the previous question is could emerge in anticipation of the Trump workforce that is working in America ordered on the bill. presidency. Democrats in Congress who want today is the smallest in my lifetime. It The question is on the engrossment to limit the ability of a Republican White is smaller than it was 8 years ago, 16 and third reading of the bill.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A04JA7.018 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H84 CONGRESSIONAL RECORD — HOUSE January 4, 2017 The bill was ordered to be engrossed marketplace or HealthCare.gov, but for tice during the healthcare reform de- and read a third time, and was read the the vast majority of Americans who bate uncovered more than 400 medical third time. are covered through Medicare, which is diagnoses or conditions that insurance MOTION TO RECOMMIT about 43 million Americans, and for the used to justify coverage denial. At the Ms. CASTOR of Florida. Mr. Speaker, folks who have health insurance top of the list were cancer, heart dis- I have a motion to recommit at the through their jobs, which is about 155 ease, pregnancy, diabetes, HIV/AIDS, desk. million Americans. multiple sclerosis, and muscular dys- The SPEAKER pro tempore. Is the b 1445 trophy. gentlewoman opposed to the bill? You know what? Generally, States Ms. CASTOR of Florida. I am op- Here is what the Affordable Care Act with the highest rates of denial were in posed. has done for those folks: One, Medicare the South and the Midwest where the The SPEAKER pro tempore. The is stronger. The Affordable Care Act overall health status of residents has Clerk will report the motion to recom- strengthened the Medicare fund, ex- consistently been worse than in other mit. tending its life by over a decade. In ad- parts of the country. The incidence of The Clerk read as follows: dition, Medicare enrollees have bene- cancer, heart disease, and diabetes is Ms. CASTOR of Florida moves to recommit fited from huge savings in prescription higher in those States. the bill H.R. 21 to the Committee on the Ju- drug costs. They have also saved Well, now you cannot be discrimi- diciary with instructions to report the same through preventative screenings for nated against for those preexisting back to the House forthwith with the fol- breast and colorectal cancer, cardio- conditions. That kind of discrimination lowing amendment: vascular disease, and diabetes; that wasn’t right. It had no place in Amer- Add, at the end of the bill, the following: when they go to the doctor’s office ica, so we outlawed it in the Affordable SEC. 3. EXCEPTION FOR CERTAIN RULES THAT now, there is no cost, there is no Care Act. Like one of my neighbors, PROHIBIT DISCRIMINATION BY IN- charge. That is the Affordable Care SURANCE ISSUERS ON THE BASIS OF Christine Roper in Tampa—Christine is GENDER OR PREEXISTING CONDI- Act. 26. She recently aged off her father’s TION OR THAT MAKE HEALTHCARE So if Republicans aren’t careful in insurance and was unsure how to find MORE AFFORDABLE FOR WORKING their zeal to repeal the Affordable Care coverage because she has a heart condi- AMERICANS. Act, they, in essence, will be asking Nothing in this Act, or the amendments tion and asthma. Before, she would made by this Act, shall apply in the case of our parents and grandparents to pay have been prohibited from getting any rule that pertains to the prevention of— more, a whole lot more for their pre- health insurance, but not today. And (1) discrimination by health insurance scription drugs. we are not going backwards. That is issuers and group health plans on the basis of Let me get a little local here. I rep- because millions of Americans who can preexisting conditions or gender, including resent the State of Florida where about now buy coverage would be forced back in the form of higher premiums for women or 18 percent of Floridians rely on Medi- into the ranks of the uninsured. loss of benefits such as mammograms, cer- care for their health care. Because of vical cancer screenings, prenatal care, and We are going to start this Congress the Affordable Care Act, it has started off by standing up for our families and commonly prescribed contraception; or to close the doughnut hole. Repeal it (2) higher premiums or out-of-pocket costs rejecting any attempts to repeal and for seniors for prescription drugs under pre- now and that stops. That goes away. replace the Affordable Care Act. scription drug plans under the Medicare pro- Just in 2015 alone, 350,000 Florida sen- I urge a ‘‘yes’’ vote on my motion, gram under part D of title XVIII of the So- iors saved $351 million on their pre- and I yield back the balance of my cial Security Act (42 2 U.S.C. 1395w–101 et scription drugs. That is an average of time. seq.). about $1,000 per beneficiary. So my Mr. ISSA. Mr. Speaker, I rise in op- Mr. ISSA (during the reading). Mr. amendment makes the point that position to the motion to recommit. Speaker, I ask unanimous consent to Democrats are going to fight for our The SPEAKER pro tempore. The gen- dispense with the reading. older neighbors to keep those savings tleman from California is recognized The SPEAKER pro tempore. Is there intact, brought to you by the Afford- for 5 minutes. objection to the request of the gen- able Care Act. Mr. ISSA. Mr. Speaker, I remember tleman from California? Second, we also want to put everyone Chairman Ed Towns who used to say There was no objection. on notice that Democrats intend to when someone ran on: The gentleman’s The SPEAKER pro tempore. Pursu- fight tooth and nail to keep the vital time has long expired. I think we ant to the rule, the gentlewoman from consumer protection, one of the bed- might have that situation here, but I Florida is recognized for 5 minutes in rocks of the Affordable Care Act, that am going to give the gentlewoman support of her motion. bars health insurance companies from from Florida a moment more in just a Ms. CASTOR of Florida. Mr. Speaker, refusing to cover you or charge you moment. this is the final amendment to the bill, more because you have a preexisting The motion to recommit specifically which will not kill the bill or send it condition or charge women more than sends it back to the committee. That is back to committee. If adopted, the bill men. not necessary. The fact is that if she will immediately proceed to final pas- Whether you know it or not, all wanted these changes and wanted them sage, as amended. Americans have benefited from the bar enacted immediately there is a proce- My amendment provides an impor- on discrimination from preexisting dure to do so. tant safeguard for the economic secu- conditions since January 1, 2014. So if So I rise in opposition because this is rity of American families by maintain- you have health insurance through certainly something that would delay, ing the consumer-friendly protections your employer, you have benefited would send this back to committee, in the Affordable Care Act for, one, the from the Affordable Care Act. If you and cause it to come back again. cost-saving provisions in Medicare of have gone to healthcare.gov because I will yield to the gentlewoman from lower prescription drugs for our par- you are a student, part-time worker, or Florida (Ms. CASTOR) for a question, if ents and our grandparents; and, two, you don’t have it through your job, you she wouldn’t mind: Is there a regula- the vital consumer protection that pro- have benefited. If you have health in- tion in those 61 that would be affected hibits insurance companies from deny- surance for your children through the by this that would affect any of the ing coverage because someone has a Children’s Health Insurance Program provisions that you cited in your preexisting condition like cancer, asth- or Medicaid, you are no longer subject amendment? ma, or diabetes. to discrimination. Ms. CASTOR of Florida. Well, accord- The Affordable Care Act, which Re- Remember a few years ago when in- ing to the Midnight Rules Relief Act, publicans say they want to repeal with- surance companies maintained a long the public really won’t know, and that out a replacement bill in sight, pro- list of conditions where they said, if is the point. vided these very important consumer you have cancer or diabetes or some- Mr. ISSA. Mr. Speaker, would the protections for all Americans not just thing, you are automatically excluded, gentlewoman answer the question. Is for the 20 million Americans who that is the way things worked. A con- there 61, according to the ranking gained health insurance through the gressional investigation into this prac- member, pieces of regulation that

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.051 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H85 could be in the window? I just won- 1840-AD19; Energy Conservation Program, AS79; Margin And Capital Requirements For dered if you had one regulation by the Energy Conservation Standards for Miscella- Covered Swap Entities, 3052-AC69; Medicare Obama administration that concerned neous Refrigeration Products, 1904-AC51. Program; FY 2017 Inpatient Psychiatric Fa- Medicaid Program; Final FY 2014 and Pre- any of these issues that you had in the cilities Prospective Payment System—Rate liminary FY 2016 Disproportionate Share Update, 0938-AS76; National School Lunch act. Hospital, Allotments, and Final FY 2014 and Program And School Breakfast Program: Ms. CASTOR of Florida. Mr. Speaker, Preliminary FY 2016 Institutions for Mental Nutrition Standards For All Foods Sold In I thank the gentleman for yielding. Diseases, Disproportionate Share Hospital School As Required By The Healthy, Hunger- In fact, there are extensive regula- Limits, 0938-ZB30; Cross-State Air Pollution Free Kids Act Of 2010, 0584-AE09; Revised tions listed as major rules relating to Rule Update For The 2008 Ozone NAAQS, Critical Infrastructure Protection Reli- Medicare because part of what we did 2060-AS05; Greenhouse Gas Emissions and ability Standards, No RIN provided; Amend- Fuel Efficiency Standards for Medium-and ments To The Commission’s Rules Of Prac- in the Affordable Care Act was to begin Heavy-Duty Engines and vehicles—Phase 2, to change Medicare from a volume- tice, 3235-AL87; Disclosure Of Payments By 2060-AS16; U.S. Citizenship and Immigration Resource Extraction Issuers, 3235-AL53; Mi- based system to a value-based system. Services Fee Schedule, 1615-AC09; Treatment gratory Bird Hunting; Seasons And Bag And MAJOR RULES ISSUED BY THE OBAMA ADMINIS- of Certain Interests in Corporations as Stock Possession Limits For Certain Migratory TRATION THAT ARE POTENTIALLY ELIGIBLE or Indebtedness, 1545-BN40; Establishment of Game Birds, 1018-BA70; Oil and Gas And Sul- FOR DISAPPROVAL UNDER THE CONGRES- the Electronic Visa Update System (EVUS), fur Operations On The Outer Continental SIONAL REVIEW ACT IN THE 115TH CONGRESS 1651-AB08; ONC Health IT Certification Pro- Shelf—Requirements For Exploratory Drill- MAJOR RULES LISTED ON GAO’S WEBSITE AS OF gram: Enhanced Oversight and Account- ing On The Arctic Outer Continental Shelf, ability, 0955-AA00; Cleaning Requirement De- JANUARY 3, 2017 1082-AA00. termination Under Section 2(H) Of The Com- Title of Rule (As Published in Federal Reg- Medication Assisted Treatment For Opioid modity Exchange Act For Interest Rate Use Disorders, 0930-AA22; Department Of ister) and RIN Number are as follows: Swaps, 3038-AE20; Standards For Covered Exemptions To Facilitate Intrastate and Labor Federal Civil Penalties Inflation Ad- Clearing Agencies, 3235-AL48. justment Act Catch-Up Adjustments, 1290- Regional Securities Offerings 3235-AL80; In- Medicare And Medicaid Programs; Reform AA31; General Administrative Regulations; vestment Company Liquidity Risk Manage- Of Requirements For Long-Term Care Facili- Catastrophic Risk Protection Endorsement; ment Programs, 3235-AL61; Retention of EB– ties, 0938-AR61; Child Care And Development Area Risk Protection Insurance Regulations; 1, EB–2, and EB–3 Immigrant Workers and Fund (CCDF) Program, 0970-AC67; Estab- And The Common Crop Insurance Regula- Program Improvements Affecting High lishing Paid Sick Leave For Federal Con- tions, Basic Provisions, 0563-AC49; Transi- Skilled Nonimmigrant Workers, 1615-ACO5; tractors, 1235-AAI3; OCC Guidelines Estab- tion Assistance Program (TAP) For Military Walking-Working Surfaces and Personal lishing Standards For Recovery Planning By Personnel, 0790-AJ17; Operation And Certifi- Protective Equipment (Fall Protection Sys- Certain Large Insured National Banks, In- cation Of Small Unmanned Aircraft Sys- tems), 1216-AB80; Waste Prevention, Produc- sured Federal Savings Associations, And In- tems, 2120-AJ60; Transit Asset Management; tion Subject to Royalties, and Resource Con- sured Federal Branches; Technical Amend- National Transit Database; FTA–2014–0020, servation, 1004-AE14; Investment Company ments, 1557-AD96; Emergency Preparedness 2132-AB07; Revision Of Fee Schedules; Fee Swing Pricing, 3235-AL61; Establishing a Requirements For Medicare And Medicaid Recovery For Fiscal Year 2016, 3150-AJ66; More Effective Fair Market Rent System; Participating Providers And Suppliers, 0938- Medicare Program; Medicare Clinical Diag- Using Small Area Fair Market Rents in the A091; Migratory Bird Hunting Regulations nostic Laboratory Tests Payment System, Housing Choice Voucher Program Instead of On Certain Federal Indian Reservations And 0938-AS33; Jams Zadroga 9/11 Victim Com- the Current 50th Percentile FMRs, 2501-AD74; Ceded Lands For The 2016–17 Season, 1018- pensation Fund Reauthorization Act, 1105– Medicare Program; Revisions to Payment BA70; Safety And Effectiveness Of Consumer AB49; Energy Conservation Program: Energy Policies Under the Physician Fee Schedule Antiseptics; Topical Antimicrobial Drug Conservation Standards For Battery Char- and Other Revisions to Part B for CY 2017; Products For Over-The-Counter-Human Use, gers, Energy Conservation Program: Energy Medicare Advantage Bid Pricing Data Re- 0910-AF69; Head Start Performance Stand- Conservation Standards For Dehumidifiers, lease; Medicare Advantage and Part D Med- ards, 0970-AC63; Standards Of Performance 1904-AC81; Removal Of Mandatory Country ical Loss Ratio Data Release; Medicare Ad- For Municipal Solid Waste Landfills, 2060- Of Origin Labeling Requirements For Beef vantage Provider Network Requirements; AM08; Emission Guidelines And Compliance And Pork Muscle Cuts, Ground Beef, And Expansion of Medicare Diabetes Prevention Times For Municipal Solid Waste Landfills, Ground Pork, 0581-AD29. Program Model; Medicare Shared Savings 2060-AS23. Program Requirements, 0938-AS81. Federal Acquisition Regulation; Fair Pay Mr. ISSA. Mr. Speaker, reclaiming Medicare Program; CY 2017 Inpatient Hos- And Safe Workplaces, 9000-AM81; Medicare my time, I would ask that the gentle- pital Deductible and Hospital and Extended Program; Hospital Inpatient Prospective woman, if there are some, place them Care Services Coinsurance Amounts, 0938- Payment Systems For Acute Care Hospitals in the RECORD. I don’t know of any in AS70; Medicare Program; Medicare Part B And The Long-Term Care Hospital Prospec- the 61 that were granted, let’s say, Monthly Actuarial Rates, Premium Rate, tive Payment System & Policy Changes & and Annual Deductible Beginning January 1, Fiscal Year 2017 Rates; Quality Reporting after June. 2017, 0938-AS72; Hospital Outpatient Prospec- Requirements For Specific Providers; Grad- What I will say is that the reason I tive Payment and Ambulatory Surgical Cen- uate Medical Education; Hospital Notifica- will be voting and urging my col- ter Payment Systems and Quality Reporting tion Procedures Applicable To Beneficiaries leagues to vote ‘‘no’’ on the motion to Programs; Organ Procurement Organization Receiving Observation Services; Technical recommit is not the regulations that Reporting and Communication; Transplant Changes Relating To Costs To Organizations she alludes to but, in fact, the fact that Outcome Measures and Documentation Re- & Medicare Cost Reports; Finalization Of In- this would kill the bill by sending it quirements; Electronic Health Record (EHR) terim Final Rules With Comment Period On back and having it delayed further. Incentive Programs; Payment to Non- LTCH PPS Payments For Severe Wounds, So, in order to pass it today, because excepted Off-Campus Provider-Based Depart- Modifications Of Limitations On Redesigna- ment of a Hospital; Hospital Value-Based tion By The Medicare Geographic Classifica- she did not set it up to exclude these Purchasing (VBP) Program; Establishment tion Review Board, & Extensions Of Pay- items and have them immediately con- of Payment Rates Under the Medicare Physi- ments To MDHS And Low-Volume Hospitals, sidered, I cannot support her motion to cian Fee Schedule for Nonexcepted Items 0938-AS77; 0938-AS88; 0938-AS41; Workforce recommit. and Services Furnished by an Off-Campus Innovation And Opportunity Act; Joint Rule What I will say is that when we look Provider-Based Department of a Hospital, For Unified And Combined State Plans, Per- at regulations to put into a package 0938-AS82; Medicare Program; Merit-Based formance Accountability, And The One-Stop that may be a package of one or a Incentive Payment System (MIPS) and Al- System Joint Provisions; Final Rule, 1205- package, if this passes, of more than ternative Payment Model (APM) Incentive AB74; Workforce Innovation And Oppor- Under the Physician Fee Schedule, and Cri- tunity Act, 1205-AB73; Medicare Program; one, I certainly will expect that those teria for Physician-Focused Payment Mod- Prospective Payment System And Consoli- regulations will have to do with things els, 0938-AS69; Medicare and Medicaid Pro- dated Billing For Skilled Nursing Facilities which could have been done sooner, grams; CY 2017 Home Health Prospective For FY 2017, SNF Value-Based Purchasing would have been done sooner, and were Payment System Rate Update; Home Health Program, SNF Quality Reporting Program, done in the waning days of the admin- Value-Based Purchasing Model; and Home And SNF Payment Models Research, 0938- istration for no reason that was time Health Quality Reporting Requirements, AS75. sensitive. 0938-AS80; Student Assistance General Provi- Medicare Program; Inpatient Rehabilita- The Affordable Care Act was passed sions, Federal Perkins Loan Program, Fed- tion Facility Prospective Payment System eral Family Education Loan Program, Wil- For Federal Fiscal Year 2017, 0938-AS78; in the first days of the administration. liam D. Ford Federal Direct Loan Program, Medicare Program; FF 2017 Hospice Wage If there is something in the last days of and Teacher Education Assistance for Col- Index And Payment Rate Update And Hos- the administration that has merit, I lege and Higher Education Grant Program, pice Quality Reporting Requirements, 0938- certainly would urge my colleagues not

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.054 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H86 CONGRESSIONAL RECORD — HOUSE January 4, 2017 to rescind that regulation. But if there tion to recommit on the bill (H.R. 21) Budd Hultgren Renacci is something that should have been to amend chapter 8 of title 5, United Burgess Hunter Rice (SC) Byrne Hurd Roby done in year one, two, three, four, five, States Code, to provide for en bloc con- Calvert Issa Roe (TN) or six, I would ask why it wasn’t done sideration in resolutions of disapproval Carter (GA) Jenkins (KS) Rogers (AL) then. for midnight rules, and for other pur- Carter (TX) Jenkins (WV) Rogers (KY) Chabot Johnson (LA) Having said that, it is unfortunate poses, offered by the gentlewoman from Rohrabacher Chaffetz Johnson (OH) Rokita that this motion to recommit was writ- Florida (Ms. CASTOR), on which the Cheney Johnson, Sam Rooney, Francis ten in a way that would send it back to yeas and nays were ordered. Coffman Jones Rooney, Thomas Cole Jordan committee and, thus, cause a substan- The Clerk will redesignate the mo- J. Collins (GA) Joyce (OH) Ros-Lehtinen tial delay. Comer Katko tion. Roskam I would caution my colleagues that, Comstock Kelly (MS) The Clerk redesignated the motion. Ross Conaway Kelly (PA) at least from this Member, if you have Rothfus The SPEAKER pro tempore. The Cook King (IA) a motion to recommit and you want Rouzer question is on the motion to recommit. Costello (PA) King (NY) the amendment itself considered, make Royce (CA) The vote was taken by electronic de- Cramer Kinzinger it one that is immediate and not back Crawford Knight Russell vice, and there were—yeas 183, nays Rutherford to committee. The difference, I think, Culberson Kustoff (TN) 236, not voting 14, as follows: Curbelo (FL) Labrador Sanford is important. The Parliamentarian Scalise [Roll No. 7] Davidson LaHood simply can advise on how to write one Davis, Rodney LaMalfa Schweikert that would prevent it having to get, if YEAS—183 Denham Lamborn Scott, Austin Dent Lance Sensenbrenner you will, another delay of days or Adams Fudge Neal DeSantis Latta Sessions Aguilar Gabbard Nolan weeks. DesJarlais Lewis (MN) Shimkus Barraga´ n Garamendi Norcross I urge opposition to the motion to re- Diaz-Balart LoBiondo Shuster Bass Gottheimer O’Halleran Donovan Long Simpson commit. Beatty Green, Al O’Rourke Duffy Loudermilk Sinema I yield back the balance of my time. Bera Green, Gene Pallone Duncan (SC) Love Smith (MO) Bishop (GA) Grijalva The SPEAKER pro tempore. Without Panetta Duncan (TN) Lucas Smith (NE) Blumenauer Gutie´rrez objection, the previous question is or- Pascrell Dunn Luetkemeyer Smith (NJ) Blunt Rochester Hanabusa Payne Emmer MacArthur Smith (TX) dered on the motion to recommit. Bonamici Hastings Pelosi Farenthold Marchant Smucker There was no objection. Boyle, Brendan Heck Perlmutter Faso Marino F. Higgins (NY) Stefanik The SPEAKER pro tempore. The Peters Ferguson Marshall Brady (PA) Himes Stewart question is on the motion to recommit. Peterson Fitzpatrick Massie Brown (MD) Hoyer Stivers Pingree Fleischmann Mast The question was taken; and the Brownley (CA) Huffman Taylor Pocan Flores McCarthy Speaker pro tempore announced that Bustos Jackson Lee Tenney Polis Fortenberry McCaul Butterfield Jayapal Thompson (PA) the noes appeared to have it. Price (NC) Foxx McClintock Capuano Jeffries Thornberry Ms. CASTOR of Florida. Mr. Speaker, Quigley Franks (AZ) McHenry Carbajal Johnson (GA) Tiberi Raskin Frelinghuysen McKinley on that I demand the yeas and nays. Ca´ rdenas Johnson, E. B. Tipton Rice (NY) Gaetz McMorris The yeas and nays were ordered. Carson (IN) Kaptur Trott Rosen Gallagher Rodgers Cartwright Keating Turner The SPEAKER pro tempore. Pursu- Roybal-Allard Garrett McSally Castor (FL) Kelly (IL) Upton ant to clause 8 of rule XX, further pro- Ruiz Gibbs Meadows Castro (TX) Kennedy Valadao Ruppersberger Gohmert Meehan ceedings on this question will be post- Chu, Judy Khanna Wagner Ryan (OH) Goodlatte Messer poned. Cicilline Kildee Walberg Sa´ nchez Gosar Mitchell Clark (MA) Kilmer Walden f Sarbanes Gowdy Moolenaar Clarke (NY) Kind Walker Schakowsky Granger Mooney (WV) Clay Krishnamoorthi Walorski RECESS Schiff Graves (GA) Mullin Cleaver Kuster (NH) Walters, Mimi Schneider Graves (LA) Murphy (PA) The SPEAKER pro tempore. Pursu- Clyburn Langevin Graves (MO) Newhouse Weber (TX) Cohen Larsen (WA) Scott (VA) ant to clause 12(a) of rule I, the Chair Griffith Noem Webster (FL) Connolly Larson (CT) Scott, David declares the House in recess subject to Grothman Nunes Wenstrup Conyers Lawrence Serrano Guthrie Olson Westerman the call of the Chair. Cooper Lawson (FL) Sewell (AL) Harper Palazzo Williams Accordingly (at 2 o’clock and 53 min- Correa Lee Shea-Porter Harris Palmer Wilson (SC) Courtney Levin Sherman utes p.m.), the House stood in recess. Hartzler Paulsen Wittman Crist Lewis (GA) Sires Hensarling Pearce Womack f Crowley Lieu, Ted Slaughter Hice, Jody B. Perry Woodall Cuellar Lipinski Smith (WA) b 1615 Higgins (LA) Pittenger Yoder Cummings Loebsack Soto Hill Poliquin Yoho Davis (CA) Lofgren Speier AFTER RECESS Holding Posey Young (AK) Davis, Danny Lowenthal Suozzi Hollingsworth Ratcliffe Young (IA) The recess having expired, the House DeFazio Lowey Swalwell (CA) Hudson Reed Zeldin was called to order by the Speaker pro DeGette Lujan Grisham, Takano Thompson (CA) Huizenga Reichert Zinke tempore (Mr. HULTGREN) at 4 o’clock Delaney M. DeLauro Luja´ n, Ben Ray Thompson (MS) NOT VOTING—14 and 15 minutes p.m. DelBene Lynch Titus Becerra Gonzalez (TX) Price, Tom (GA) f Demings Maloney, Tonko DeSaulnier Carolyn B. Torres Beyer Kihuen Richmond ANNOUNCEMENT BY THE SPEAKER Deutch Maloney, Sean Tsongas Collins (NY) Mulvaney Rush PRO TEMPORE Dingell Matsui Vargas Costa Poe (TX) Waters, Maxine Doggett McCollum Veasey Gallego Pompeo The SPEAKER pro tempore. Pursu- Doyle, Michael McEachin Vela ´ ant to clause 8 of rule XX, proceedings F. McGovern Velazquez b 1638 will resume on questions previously Ellison McNerney Visclosky Engel Meeks Walz postponed. Messrs. WEBSTER of Florida, Eshoo Meng Wasserman RENACCI, JENKINS of West Virginia, Votes will be taken in the following Espaillat Moore Schultz order: Esty Moulton Watson Coleman Mmes. HARTZLER, MCMORRIS ROD- The motion to recommit on H.R. 21; Evans Murphy (FL) Welch GERS, Messrs. STEWART, THOMAS J. Foster Nadler Wilson (FL) ROONEY of Florida, STIVERS, BRADY and passage of H.R. 21, if ordered. Frankel (FL) Napolitano Yarmuth The first electronic vote will be con- of Texas, and BERGMAN changed their ducted as a 15-minute vote. The re- NAYS—236 vote from ‘‘yea’’ to ‘‘nay.’’ maining electronic vote will be con- Abraham Barr Blum Messrs. KILDEE, BLUMENAUER, Aderholt Barton Bost RUPPERSBERGER, O’ROURKE, Ms. ducted as a 5-minute vote. Allen Bergman Brady (TX) f Amash Beutler Brat JUDY CHU of California, Mr. GRI- Amodei Biggs Bridenstine JALVA, Ms. SCHAKOWSKY, and Mr. MIDNIGHT RULES RELIEF ACT OF Arrington Bilirakis Brooks (AL) DANNY K. DAVIS of Illinois changed 2017 Babin Bishop (MI) Brooks (IN) their vote from ‘‘nay’’ to ‘‘yea.’’ Bacon Bishop (UT) Buchanan The SPEAKER pro tempore. The un- Banks (IN) Black Buck So the motion to recommit was re- finished business is the vote on the mo- Barletta Blackburn Bucshon jected.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.055 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H87 The result of the vote was announced Katko Murphy (PA) Shimkus Slaughter Titus Walz as above recorded. Kelly (MS) Newhouse Shuster Smith (WA) Tonko Wasserman Kelly (PA) Noem Simpson Soto Torres Schultz A motion to reconsider was laid on King (IA) Nunes Sinema Speier Tsongas Watson Coleman the table. King (NY) Olson Smith (MO) Suozzi Vargas Welch (By unanimous consent, Mr. SESSIONS Kinzinger Palazzo Smith (NE) Swalwell (CA) Veasey Wilson (FL) Knight Palmer Smith (NJ) Takano Vela Yarmuth was allowed to speak out of order.) Kustoff (TN) Paulsen Smith (TX) Thompson (CA) Vela´ zquez ANNOUNCEMENT BY COMMITTEE ON RULES RE- Labrador Pearce Smucker Thompson (MS) Visclosky GARDING AMENDMENT PROCESS FOR H.R. 5, LaHood Perry Stefanik LaMalfa Peterson Stewart NOT VOTING—11 H.R. 79, H.R. 238, AND H.R. 78 Lamborn Pittenger Stivers Becerra Poe (TX) Scott, David Mr. SESSIONS. Mr. Speaker, the Lance Poliquin Taylor Collins (NY) Pompeo Waters, Maxine Rules Committee issued announce- Latta Posey Tenney Gallego Price, Tom (GA) Zinke ments outlining the amendment proc- Lewis (MN) Ratcliffe Thompson (PA) Mulvaney Rush LoBiondo Reed Thornberry esses for several measures likely on the Long Reichert Tiberi b 1648 floor next week. Loudermilk Renacci Tipton So the bill was passed. An amendment deadline has been set Love Rice (SC) Trott Lucas Roby Turner The result of the vote was announced for Monday, January 9, at 10 a.m. for Luetkemeyer Roe (TN) Upton as above recorded. H.R. 5, the Regulatory Accountability MacArthur Rogers (AL) Valadao A motion to reconsider was laid on Act of 2017; H.R. 79, Helping Angels Marchant Rogers (KY) Wagner the table. Lead Our Startups Act. And a deadline Marino Rohrabacher Walberg Marshall Rokita Walden f has been set for 3 p.m. on Monday for Massie Rooney, Francis Walker H.R. 238, the Commodity End-User Re- Mast Rooney, Thomas Walorski REPORT ON RESOLUTION PRO- lief Act, and H.R. 78, the SEC Regu- McCarthy J. Walters, Mimi VIDING FOR CONSIDERATION OF McCaul Ros-Lehtinen Weber (TX) H.R. 26, REGULATIONS FROM THE latory Accountability Act. McClintock Roskam Webster (FL) The text of these measures are avail- McHenry Ross Wenstrup EXECUTIVE IN NEED OF SCRU- able on the Rules Committee Web site. McKinley Rothfus Westerman TINY ACT OF 2017, AND PRO- Please feel free to contact me or my McMorris Rouzer Williams VIDING FOR CONSIDERATION OF Rodgers Royce (CA) Wilson (SC) H. RES. 11, OBJECTING TO staff with any questions you have. McSally Russell Wittman The SPEAKER pro tempore. Without Meadows Rutherford Womack UNITED NATIONS SECURITY objection, 5-minute voting will con- Meehan Sanford Woodall COUNCIL RESOLUTION 2334 Messer Scalise Yoder tinue. Mitchell Schweikert Yoho Mr. COLLINS of Georgia, from the There was no objection. Moolenaar Scott, Austin Young (AK) Committee on Rules, submitted a priv- The SPEAKER pro tempore. The Mooney (WV) Sensenbrenner Young (IA) ileged report (Rept. No. 115–1) on the question is on the passage of the bill. Mullin Sessions Zeldin resolution (H. Res. 22) providing for The question was taken; and the NOES—184 consideration of the bill (H.R. 26) to Speaker pro tempore announced that amend chapter 8 of title 5, United Adams Doyle, Michael Lujan Grisham, the ayes appeared to have it. Aguilar F. M. States Code, to provide that major RECORDED VOTE Barraga´ n Ellison Luja´ n, Ben Ray rules of the executive branch shall Mr. CONYERS. Mr. Speaker, I de- Bass Engel Lynch have no force or effect unless a joint Beatty Eshoo Maloney, resolution of approval is enacted into mand a recorded vote. Bera Espaillat Carolyn B. A recorded vote was ordered. Beyer Esty Maloney, Sean law, and providing for consideration of The SPEAKER pro tempore. This is a Bishop (GA) Evans Matsui the resolution (H. Res. 11) objecting to Blumenauer Foster McCollum United Nations Security Council Reso- 5-minute vote. Frankel (FL) McEachin Blunt Rochester lution 2334 as an obstacle to Israeli- The vote was taken by electronic de- Bonamici Fudge McGovern vice, and there were—ayes 238, noes 184, Boyle, Brendan Gabbard McNerney Palestinian peace, and for other pur- Garamendi Meeks not voting 11, as follows: F. poses, which was referred to the House Brady (PA) Gonzalez (TX) Meng Calendar and ordered to be printed. [Roll No. 8] Brown (MD) Green, Al Moore Brownley (CA) Green, Gene Moulton f AYES—238 Grijalva Bustos Murphy (FL) Abraham Cheney Gallagher Gutie´rrez Nadler HOUR OF MEETING ON TOMORROW Butterfield Aderholt Coffman Garrett Hanabusa Napolitano Capuano Mr. COLLINS of Georgia. Mr. Speak- Allen Cole Gibbs Hastings Neal Carbajal Amash Collins (GA) Gohmert Heck Nolan er, I ask unanimous consent that when Ca´ rdenas Amodei Comer Goodlatte Higgins (NY) Norcross the House adjourns today, it adjourn to Carson (IN) Arrington Comstock Gosar Himes O’Halleran Cartwright meet at 10 a.m. tomorrow. Babin Conaway Gottheimer Hoyer O’Rourke Castor (FL) Bacon Cook Gowdy Huffman Pallone The SPEAKER pro tempore. Is there Banks (IN) Costello (PA) Granger Castro (TX) Jackson Lee Panetta objection to the request of the gen- Barletta Cramer Graves (GA) Chu, Judy Jayapal Pascrell tleman from Georgia? Cicilline Barr Crawford Graves (LA) Jeffries Payne There was no objection. Barton Cuellar Graves (MO) Clark (MA) Johnson (GA) Pelosi Bergman Culberson Griffith Clarke (NY) Johnson, E. B. Perlmutter f Beutler Curbelo (FL) Grothman Clay Kaptur Peters Biggs Davidson Guthrie Cleaver Keating Pingree 101ST PENNSYLVANIA FARM SHOW Bilirakis Davis, Rodney Harper Clyburn Kelly (IL) Pocan (Mr. THOMPSON of Pennsylvania Bishop (MI) Denham Harris Cohen Kennedy Polis Bishop (UT) Dent Hartzler Connolly Khanna Price (NC) asked and was given permission to ad- Black DeSantis Hensarling Conyers Kihuen Quigley dress the House for 1 minute.) Blackburn DesJarlais Hice, Jody B. Cooper Kildee Raskin Mr. THOMPSON of Pennsylvania. Blum Diaz-Balart Higgins (LA) Correa Kilmer Rice (NY) Mr. Speaker, I rise today to talk about Bost Donovan Hill Costa Kind Richmond Brady (TX) Duffy Holding Courtney Krishnamoorthi Rosen the Pennsylvania Farm Show that Brat Duncan (SC) Hollingsworth Crist Kuster (NH) Roybal-Allard opens this weekend in Harrisburg, Bridenstine Duncan (TN) Hudson Crowley Langevin Ruiz Pennsylvania. This weeklong event is Brooks (AL) Dunn Huizenga Cummings Larsen (WA) Ruppersberger the largest indoor agricultural expo in Brooks (IN) Emmer Hultgren Davis (CA) Larson (CT) Ryan (OH) Buchanan Farenthold Hunter Davis, Danny Lawrence Sa´ nchez the country. It showcases 6,000 animals Buck Faso Hurd DeFazio Lawson (FL) Sarbanes and thousands of agricultural exhibits. Bucshon Ferguson Issa DeGette Lee Schakowsky There will be a Member listening ses- Budd Fitzpatrick Jenkins (KS) Delaney Levin Schiff Burgess Fleischmann Jenkins (WV) DeLauro Lewis (GA) Schneider sion on Saturday, January 7, at 1:30 Byrne Flores Johnson (LA) DelBene Lieu, Ted Scott (VA) p.m. Proudly, Agriculture Committee Calvert Fortenberry Johnson (OH) Demings Lipinski Serrano Chairman MIKE CONAWAY and I have or- Carter (GA) Foxx Johnson, Sam DeSaulnier Loebsack Sewell (AL) ganized a public forum for Members to Carter (TX) Franks (AZ) Jones Deutch Lofgren Shea-Porter Chabot Frelinghuysen Jordan Dingell Lowenthal Sherman hear directly from farmers and farm Chaffetz Gaetz Joyce (OH) Doggett Lowey Sires families.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.058 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H88 CONGRESSIONAL RECORD — HOUSE January 4, 2017 We invite all Members of the House go, they drove the field, scored a touch- who would drag people out to stop such to join us at this tremendous expo that down, got the 2-pointer and tied. They inappropriate conduct. It just seemed celebrates Pennsylvania’s rich history went into overtime. After giving up a that, in this potentially last bastion of and the agriculture industry. We will touchdown to the other team in over- civility where we can use words and de- tour the show and visit various exhib- time, they came back, drove the field bate issues, it is rather ironic, to say its. Pennsylvania Agriculture Sec- once again, scored a touchdown, and the least, to be preached to repeatedly retary Russell Redding will also join went for two and became division about the desire for open debate and us. champions for the State of California the desire to not be shut down from Agriculture is the number one indus- by a score of 50–49. speaking when that is exactly what try in Pennsylvania and generates Congratulations, Pleasant Valley Vi- happened last year by the very people nearly $6.9 billion in agricultural cash kings. Well done. You showed a lot of who were standing up, and some of receipts. Almost half a million jobs are heart. them were reading a script pointing tied to this industry in the Common- f out how offended they were by being wealth. This show has been widely at- prevented by the rules under which we tended for generations. In fact, this b 1700 have been proceeding from going for- year marks the 101st show. DOUBLE STANDARDS ward and debating. So it is rather iron- Come join us Saturday in Harrisburg ic and rather incredible actually. as we celebrate the prominence of the The SPEAKER pro tempore (Mr. I also recall back when we were de- agriculture industry in Pennsylvania ARRINGTON). Under the Speaker’s an- bating ObamaCare and some of us and its importance to this Nation. We nounced policy of January 3, 2017, the wanted to get amendments into hope to see you there. gentleman from Texas (Mr. GOHMERT) ObamaCare. Of course, some of us re- is recognized for 60 minutes as the des- f member the fact that John Dingell was ignee of the majority leader. chairman of the Committee on Energy SNOWDROP FOUNDATION FIGHTS Mr. GOHMERT. Mr. Speaker, it is an and Commerce that had jurisdiction CHILDHOOD CANCER honor to get to come into this hallowed over the healthcare debate and the (Mr. OLSON asked and was given per- Hall and to have a chance to address healthcare bill. He has been working mission to address the House for 1 our peers. for a healthcare bill, something like minute and to revise and extend his re- It was a rather enjoyable day yester- what passed, for all of his time, as I am marks.) day, even with all the vitriol, but I was aware of, in the House. Mr. OLSON. Mr. Speaker, as you reminded and couldn’t help but remi- I was told by someone that his father know, everything is bigger in Texas. nisce a bit and walk a bit down mem- may have worked for the same bill for But as any Texan knows, the biggest, ory lane yesterday as we heard from years. So that was something that was most grand thing is the heart of a Members of the House on the other side going to be a crowning glory for an in- Texan. The best example of these of the aisle expressing repeatedly a de- credibly honorable man. We see dif- hearts are my two dear friends, Kevin sire to have open debate and not shut ferently on many issues, but I know and Trish Kline. Their huge Texas off debate. him to be an honest and honorable hearts want to end childhood cancer, so The reminiscing took me back to a man. His word has always been good. they started the Snowdrop Foundation. time last year when, as far as we could When he has given it, it was always the They have raised over $1 million in less find, the only time in American history way it is. I have great respect for him. than 10 years to stop cancer. one party in the United States Con- Anyway, he understood that the cap- They do this for kids like Ana. When gress physically prevented another and-trade bill that was being pushed Ana was 14, she was told she had acute party from coming to the floor and here in the House by then-Speaker leukemia. She wondered: Will my soul going into session and trying to begin PELOSI was going to unduly harm the be taken away? Who will take care of debate and trying to discuss the busi- Nation’s poor more than anybody else my younger brother? Am I going to ness of the day. We can’t find that any in the country. If you are very rich, if die? party ever staged such a sit-in. you are on Wall Street, you are friends After nearly a decade of fear, with We know there are House rules about of the Obama administration, and you Snowdrop’s help, Ana now says: Can- not eating on the House floor and have gotten $656 million in grants to cer, been there, beat that. about not having things to drink on open a non-carbon-based energy facil- God bless Ana, Snowdrop, Kevin, and the House floor other than water, and ity, you are not worried about the Trish. yet our friends across the aisle were price of anything because your friends f eating and drinking. It is actually a in the Obama administration were giv- violation of the House rules to sing on ing you millions and billions of dollars CONGRATULATING PLEASANT the House floor. Every now and then, that you could fritter away as you VALLEY VIKINGS people look the other way from the vio- wished. (Mr. LAMALFA asked and was given lation, but certainly not to take pic- But for our Nation’s middle class, permission to address the House for 1 tures and broadcast. lower middle class, and poor that don’t minute and to revise and extend his re- I approached the Sergeant at Arms have the ability to absorb increasing marks.) and asked him why this wasn’t stopped. energy costs, the cap-and-trade bill Mr. LAMALFA. Mr. Speaker, I just I was told: Well, they won’t stop; we would have been devastating. That is want to point out the pride of Chico, have told them repeatedly. why, when John Dingell was asked California, and the First District. The I said: Well, you won’t let Repub- about the cap-and-trade bill, he re- Pleasant Valley High School Vikings licans get away with this kind of con- sponded something to the effect that it became State champions of football duct. They are preventing debate. They is not only a tax, it is a great big tax, just a few weeks ago. are preventing a session from starting it will unfairly hit the poor, and he was It was a very exciting game. They timely. This has been going on for not going to bring that bill out of com- traveled south to Long Beach for it, to hours. mittee. So Speaker PELOSI, at that beat St. Anthony. The resiliency of the I was told: Well, Congressman, when time, took whatever actions were re- Vikings was amazing. I didn’t get to go we tell you Republicans that you are quired to remove him as chair and re- to the game myself, but I was texting violating a rule, you stop and you fol- place him with Henry Waxman. back and forth with a good friend down low the rules. We have told them re- Chairman Waxman made clear: We there. After a 17–13 halftime score, it peatedly, and they will not stop vio- don’t need your votes; we don’t want ended up 50–49. lating the rules. They will not stop pre- your input; so we don’t care what you The Vikings were back and forth, up venting you from going into session, so want in the healthcare bill. and down. With just 11⁄2 minutes left in we don’t know what else to do. JOE BARTON, the longest serving the game, after a late interception by Mr. Speaker, I had issues like that Texan in the House right now, had in- the other team, they were down by 8 when I was a felony judge, and they dicated, as a former chair of that same points. But with about 11⁄2 minutes to didn’t last long because we had bailiffs committee, that it is interesting if

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.061 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H89 John Dingell—the consummate profes- lowed to file complaints without any- group? That is outrageous. That is sional and honorable man that he is— body knowing who filed the complaint. what I would think if I didn’t know all had been allowed to remain as chair- The OCE is then able to go after a the background. man of that committee, he would have Member of Congress and start demand- So it made for an interesting day instinctively gotten Republican input ing things that they could not possibly yesterday, but I have been amazed, into that bill and included things in be entitled to under the Constitution if though, that some who have told me the bill that Republicans would have a Member of Congress were getting due that they wanted to eliminate the OCE had a hard time voting against. If he process. who stand up on the other side of the had been allowed to remain as chair- I haven’t been run through the ringer aisle and preach about ethics, appar- man of the Energy and Commerce Com- like so many have. But when you set ently referring to the effort to place mittee, John Dingell would have prob- up a process like that, and you have OCE and make them accountable under ably been able to get a bill through the Office of Congressional Ethics set somebody for a change—in this case, that would not even be taken up by up, they have no one at all to whom under the Ethics Committee—and this body to be repealed and ripped out they are accountable—no one—and would demagogue the issue, in essence, by its roots. they are encouraged, even if they filed when they have been mistreated by the Hopefully that is what we are going the complaints themselves, to enable OCE, according to what I have been to be able to do with the extremely them to continue to grow from the lit- told by them in the past. partisan bill. There were groups that tle office they had over here in the So I think if we can just set the poli- were telling Republicans: Look, of Longworth Building. I am told they tics aside and work together for appro- course we are negotiating with the have a massive amount of space in one priate due process, we can have a bipar- Obama administration. We have got to of the big Federal buildings now, and tisan group that could work out some- have a seat at the table. they continue to grow. So apparently, thing that would create due process I would tell them: Not when you are they were offended that their budget and would make people accountable so on the menu. was cut and they were put under the that when you have somebody with But there were groups like the Big Ethics Committee so that they would $90,000 of cold, hard cash in their freez- Pharma, like the American Hospital have some accountability. There were er, there is accountability. In that Association, the AMA, and some of the an awful lot of great people—good case, it was a crime and it needed to be health insurance businesses that ended friends—across the country that did addressed. So there does need to be ac- up getting behind it. Of course, AARP not know about how unconstitution- countability. totally sold out retired folks because ally they had been acting—I mean I know we have friends here. I saw they were going to make hundreds of more abusive even than the IRS at my friend, STEVE KING, at the back millions—billions perhaps—more than times from the reports of some of my just a moment ago. We feel strongly they would have without ObamaCare colleagues to me of what they have that when a Federal judge inten- being passed. They had no interest in been through. tionally refuses to go along with what supporting a bill like I proposed that I stand here, Mr. Speaker, as a judge they know the Constitution says, that would have ended any need for a senior who has had to look people in the eye ought to be an impeachable offense. citizen to ever have to pay for supple- and sentence them to death—some- They are not keeping their oath, and mental insurance on top of Medicare; thing that is never taken lightly. I that is as offensive as anything is when they would have been totally covered. may be the only person here in Con- it comes from a judge. They ought to But I didn’t realize, at the time I gress who has ever looked someone in be able to impeach a judge like that. asked them to support it in 2009, that the eye and sentenced them to death I don’t think we have done enough the year before they had made, I think, and been appointed as counsel against removal, impeachment of judges who over $400 million or so in profit as a my wishes to represent an indigent de- have violated their oath. Yes, we were nonprofit organization on getting their fendant on appeal from a capital mur- removing a judge who had committed members to buy their insurance that der conviction under sentence of death sexual assault. Well, that should have they had sponsored and put their mark and was able, appropriately, to have been a no-brainer, but that took lit- of approval on. his case reversed and to save his life as erally an act of Congress to eventually So anyway, there were people that the law should have been. So I feel get that done. were going to make a lot of money. But rather strongly that, yes, people should For another judge, it was not until I could see that in the end it would be accountable, but they must have we actually impeached him for his ter- probably spell the doom of the pharma- due process, and that is not what is ribly inappropriate actions of sup- ceutical industry. Yes, it would be provided for by the OCE. pressing information when he was years down the road; yes, there would being investigated for being a Federal be executives at pharmaceutical com- b 1715 judge, but from his days as a State panies who would see massive billions Wonderful people, including our in- judge. Apparently, as a State judge, he of dollars come in more than would coming President, were not aware of didn’t have a problem, if tuition was have otherwise; and, yes, they would just how crazy the abuses have been. due for his son, to just send the sec- likely take their golden parachutes and One of the Members was telling me yes- retary or somebody to one of the law their millions in severance in retire- terday that he was out about half a offices which he often appoints and ment and be gone before they were rel- million dollars in attorney’s fees re- then have them fill up the envelope egated to perhaps producing medica- sponding to ridiculous demands and with a bunch of cash and use that to tions without getting reimbursement still never got to know who the accuser pay his son’s tuition. That didn’t seem for research and development. This is was. You don’t get to necessarily even to be a problem for that judge. Those the way this whole ObamaCare thing see what the specific complaint is. are all things that should have been ap- would have eventually played out, and So we didn’t do a good job of edu- propriately taken into account before still they got on board with ObamaCare cating people of how grossly unfair the he was ever made a Federal judge. because they were going to make OCE process was, could be, but every- I see my friend here on the floor. I short-term extra billions of dollars. body in Congress, the judiciary, and ex- yield to the gentleman from California So having all of that in mind, as it ecutive branch needs someone to whom (Mr. LAMALFA). has all appeared to me, it had just been they are accountable, and that would Mr. LAMALFA. I was listening to the astounding to be here yesterday and include the OCE. gentleman’s remarks on a couple of hear all the comments about the in- We have got to do something about these topics here that are very impor- ability to have open debate. this, but we do need to go about it in tant. I have talked to numerous friends an appropriate way to make sure that, He led off with the situation that oc- across the aisle who were greatly trou- once again, justice is done. But when curred with the sit-in that occurred bled over the last 6 years. Actually, the you hear ‘‘ethics watchdog group,’’ here on this House floor last year, Office of Congressional Ethics was then immediately you think, Gee, they some months ago, and I found that to started by Speaker PELOSI. You are al- are going to stop an ethics watchdog be very appalling for the decorum, for

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.063 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H90 CONGRESSIONAL RECORD — HOUSE January 4, 2017 the honor, for the history, for all the then would be punished. Well, adopting sit-in is one extreme. The other one is things that are important about con- rules now, specific penalties, don’t charges that are, in many cases, ab- ducting ourselves in a society where really punish people that violated solved months later without giant order is needed in order to conduct those very rules last year. headlines but are not even sometimes business. So I am surprised that there is any an oops or I am sorry for trumped-up This House floor was not treated with complaint at all since basically it charges being brought up against some- that respect that is necessary to have means people who violated the rule body that would affect them negatively order, to have an honest debate, and a with such abandon would complain in their ability to serve their districts debate that is constructive when you about inserting a specific penalty now, or to fend off the huge costs of legal have a sit-in like that where basically meaning they got a free one. They matters that they have to go through. the folks on the other side of the didn’t even get probation. They got So many of my colleagues here aisle—some of them—decided to take nothing. They got pardoned, basically. strongly care and want to have a over the entire building outside of ses- Perhaps it is not too late for those strong ethical process in this place, but sion, outside of the rules. As Mr. GOH- that feel like putting a penalty in place there needs to be accountability and MERT mentioned, many rules were vio- now is unfair. I don’t think it is too balance to it. That is what we are all lated. late. It is not unusual to have punish- looking forward to, is accountability I had the appalling experience of ment assessed in a felony case 6 with OCE and our Ethics Committee walking on the floor just a few minutes months or more after an event. Per- who, in a bipartisan fashion, can weed after they concluded their sit-in and, haps if they think it is unfair, then we through all these processes. honestly, the garbage that was laying ought to have ethics hearings on what I think we will get to that. For those on the floor. I saw food crumbs, old happened back then. that are concerned around this country newspapers, magazines, a couple of I haven’t heard of the OCE, by the that some here want to get rid of that blankets. They didn’t even pick up way, taking any action on such wide- ethics process, that absolutely couldn’t after themselves. They expected the spread abuse that didn’t require inves- be further from the truth. We all de- staff of the building to pick it up and tigation. All you needed was footage mand that with the code of conduct of haul it off for them because their Oc- that was being streamed out from the this House, on the floor and off, of our cupy Wall Street moment was over very violators of the rules. So it should Members. with. This is not the sixties. This is not have been an easy thing to pursue, if Mr. GOHMERT. I thank my friend, the hippy era. This is the United States OCE were really that interested in Mr. LAMALFA for great insights. Such House of Representatives. making sure our rules were not vio- truth. This week, rules were proposed that lated. I also was just advised this afternoon say, when you violate rules in such a I yield to my friend. that the EPA, apparently in accord- fashion where videotaping or Mr. LAMALFA. It wouldn’t be inap- ance with some frenzied effort to have Periscoping, as they call it, is occur- propriate since OCE is a hot topic this this administration put as problematic ring—sending these speeches during a week. regulations in place to stifle the econ- nonofficial, non-session time, basically The accountability goes both direc- omy, stifle and skyrocket further costs bootlegging them to the American pub- tions. So we have heard our colleagues of energy, has apparently given notice lic via C–SPAN; and I am a little an- talk about unjust charges that can be to all gas operators that they have 60 noyed with C–SPAN actually playing brought from anywhere, out of the days to comply. along with the violation of House rules blue, against a Member of the House One such operator in Texas was say- of piping this out the way they did. without justification, without even a ing the date on the notice says it was If you want to have a protest out on due process for that Member to have a received December 15, but he was out of the front lawn, fine. That is within the chance to address directly what that the country. Somebody in the building rights of free speech, the First Amend- charge is, and then have their name accepted it. The date for the 60-day ment, and all that. You don’t do it in run through the newspaper, giant head- compliance kicks in January 18, 2 days violation of the rules of a fairly, some lines, and maybe a year’s worth of in- before President-elect Donald Trump might say, sacred place—this House vestigation. would be able to strike such an arbi- floor—the way that happened then. For When you see it, Congressman being trary and capricious regulation down. them to be piping it out live that way, investigated, well, that is an ugly b 1730 I found it to be completely wrong. headline. It can be used to manipulate There are those folks that might say: it for political purpose when it might Apparently, they must have Well, this is all First Amendment be a trumped-up charge, something backdated the 60-day compliance be- rights, not in violation of the decorum that has no merit, and many times fore they ever got notice saying you of the House rules. So I am glad Mr. talking to my colleagues that have have got until January 18 to comply. GOHMERT brought that up. Rules are faced this, hundreds of thousands of So what we have heard from so many put in place this week to address peo- dollars of cost to them for attorney’s small-business owners, they get notices ple that are going to violate the very fees, their reputation besmirched by like this: You have all of a sudden got House rules that help us keep order and this, when, really, there is an inves- to comply. You have got to give us all do business of the American public. We tigative process that is open, with these records, those records. lost part of, I think, three session days oversight. It has cost them a fortune. It has sti- that we could have been grinding out Now we didn’t have the perfect piece fled their ability to expand their busi- the important business that the people of legislation in the rule this week. No. ness and hire more people and give expect of this country. We probably need a little more time for more people opportunity and give more We lost that session time and, in- it to be aired out and a little more people opportunity to make more deed, had to come in here and the widely. It was withdrawn after at least money than they had been making. Speaker or whoever was introducing getting the idea out on the table. Those have been so completely stifled legislation that day had to yell over So I am proud of my colleagues who by this administration. I understand the process here to do things in order are going to take this up and work in there was a political article glorifying for the House. I find that appalling. It a bipartisan fashion and get the input the great efforts of the Obama adminis- isn’t very mature. I think with some of to make some needed reforms to the tration in helping the economy, and to the penalties that are put in place by OCE so that we have an ethics process justify that, took one quarter out of, I the rules this week, there will be a lit- that is fair to the Members, but obvi- guess—four times eight—32 quarters tle more accountability for that. ously enforces ethics for this House and said, ‘‘Look what they did in this Mr. GOHMERT. I recall being told that are needed and clearly demanded one quarter,’’ when actually, as I un- when that was going on and after it by the public and us. derstood, if you take the whole term happened that Republicans should not We are talking here tonight about a that we have numbers on and adjust respond, and that we were assured that decorum, a code, a process that our the growth for inflation, President people who violated the rules back House is to be conducted by. So that Obama’s administration, his policies,

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.065 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H91 his crony capitalism, helping people They very quickly, cheaply, efficiently because we have President-elect Trump with no-bid contracts like IBM, giving built a natural gas electricity produc- and the policies are going to change $1.6 billion to this company to create tion plant, and, wow, apparently it is dramatically, we are going to hopefully mirrors to heat water and however working great. Of course, anybody that be completely rid of, or as completely much it was, hundreds of millions for studies natural gas understands, if as possible, the crony capitalism. I Solyndra—there are just so many com- they know what they are doing, that know my colleagues here in the House, panies. They have squandered so much natural gas is an amazingly clean form actually on both sides of the aisle, have money. And yet, with all the money of energy. made clear we want to stop crony cap- squandered, the economy grew, when Anyway, now about a third of the en- italism, and I am looking forward to adjusted for inflation, at about half the ergy is being produced using natural that stopping once we get out from growth rate during the Jimmy Carter gas, when the whole purpose of the under this administration. administration. massive $1.6 billion in the government- So the economy is showing great Now, I understand this administra- backed loan and the $656 million or so signs. I have got people back home tell- tion is extremely proud of what they that was given to them was because it ing me they are starting to hire again accomplished, but I would humbly sub- was not going to be carbon based at all. just based on the hope and the promise. mit, Mr. Speaker, if your policies cause But it is not just the one problem, President Obama was supposed to bring the economy to grow at half the rate of apparently, of the tower. This is out in hope and change, but all my constitu- the Jimmy Carter administration, you an arid area where there is not much ents tell me so many of them are left have done more damage to the Amer- water. Well, they didn’t need much with, after he has been President, a lit- ican people and the American economy water other than what they had in the tle change left from what they had than you have done good, and that is towers, really; but what they didn’t an- when he took office. for sure. And that is at a time when, ticipate was something that I am told But there is real hope, and people are scientifically, we were having such operators, others in the area refer to as gearing up to grow, and the economy breakthroughs that we found out we flamers. should take off, and we should get en- could actually be totally energy inde- Flamers, as I was given to under- ergy independent. I expect President- pendent if this administration had not stand, those are birds, perhaps some of elect Trump to keep his promises. He been spending so much money on too them endangered species, that make assured me personally he was going to. expensive of sources of energy and all the mistake of flying through the So I am expecting great things. But the other things this administration superheated beam of sunlight and im- just on that, the economy has started supported. mediately explode or burst into flame. going up, on the assurance that Presi- We had a hearing in Chairman ROB Apparently, if you are a bird that gets dent Obama would not be around any BISHOP’s Committee on Natural Re- superheated and explodes, bursts into longer than January 20, and as a result sources in our Subcommittee on Over- flame, then masses of fluid keep cov- now, the Fed finally has started in- sight and Investigations, a hearing on ering the mirrors, which need to be creasing interest rates because they some of the abuses. I know there are le- kept clean. don’t have to artificially try to protect gitimate groups and businesses that Normally, you would figure out in a President Obama’s reputation and his have invested in this idea of having desert or an arid area, you are not poor economy. this fantastic carbon-free energy pro- going to need to clean those mirrors So just the fact that the EPA would duction out in California, and, yes, it very often, so you are not going to send out regulations in such a capri- took a massive amount of acreage. I need much water. But then when it cious manner as they have, demanding believe it was Federal land that they turns out you have got all these that well operators start monitoring were allowed to use. I believe. I am not flamers that supercoat the mirrors so all their emissions, something to that certain. they are constantly having to be re- effect, I am looking forward to getting I was intrigued, they were going to cleaned, those poor birds that our na- into it and just seeing how abusive the create all these mirrors that would re- ture-loving friends are exploding, it is EPA has been as these oligarchs. Not flect the Sun’s light in concentrated running up the water bill as well be- to give a chance for true input into an amounts towards three different tow- cause, gee, it is just not healthy to be arbitrary and capricious rule, not to ers, and the towers would then be exploding birds that fly through this give businesses a chance to get ready superheated, superheat the water, turn superheated beam of sunlight. and to adjust, I mean, this is the kind the water to steam. The steam would So 8 years of misguided policies have of thing that has stifled so much turn turbines that would produce elec- made, probably, a lot of Democratic growth and has sent so many high tricity. If I recall correctly, they got millionaires, but the American public school and college graduates to their $1.6 billion in government loan; and to has suffered; and when adjusted for in- parents’ home. help them make their loan payment, flation, the American people are, on I think there are a lot of people who they got over $600 million in grants. average, worse off. voted for President Obama and were When I asked over this period of time I was surprised to see a video where excited. I think it is unfortunate that that they have been operating how the President actually admitted, he so many people expressed that they much of their $1.6 billion in govern- had actually acknowledged, that in his voted for a President because of his ment loan was paid back, I believe he administration, for the first time we skin color—and I am not talking about said $6 million had been paid back are aware of in the history of the Donald Trump—that they made a rac- from, it may have been, $656 million United States, 95 percent of the income ist vote to vote for a man who was not that they had given to them by this ad- in America went to the top 1 percent of White so they could feel good about ministration. the income earners. I have read articles voting for someone who was not White, But we also came to find out that ap- since then about, actually, even that 1 where some of us—and it is one of the parently there have been problems. One percent that was making 95 percent of things for which I love Alveda King, of the towers got super-superheated the Nation’s income, they still weren’t Martin Luther King’s niece. I mean, and was totaled, was destroyed because making, many of them, quite as much she believes in his dream, and the of the massive sunlight reflected and as they had before, because that is Americans that voted for Donald damaged to where it wouldn’t function. what happens when you hurt and throt- Trump, they believe that skin color Because, apparently, they had squan- tle down an economy, as has happened. should not matter. It is racist to vote dered so much of their money, they had We haven’t really adjusted. for a candidate because of what his to find a cheap source, an extremely Of course, we have had the Fed that race is. cheap source of energy because they has had interest rates down to basi- Let’s look at the character. Let’s had contracts to supply a certain cally nothing, and it was clear they look at the qualifications. What have amount of electricity. With the third were doing everything they could to you built that you actually built that tower not in operation, they were not try to help the Obama administration’s someone else didn’t build for you? Let’s able to supply over 30 percent of the economy look better than it was. Now look at those things and then make a energy they had contracted to provide. that people have started having hope determination rather than voting for

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K04JA7.067 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H92 CONGRESSIONAL RECORD — HOUSE January 4, 2017 someone just because of his race. Let’s team, but you played so well together. I have an article from Julia Edwards do as Martin Luther King, Jr., was so Well, that was because of him. He Ainsley, January 3, from Reuters: profound in saying in looking forward brought us together. ‘‘Trump Team Seeks Agency Records to the day when people were judged by And I so hoped that President Obama on Border Barriers Surveillance.’’ It is the content of their character rather would do that for America. I didn’t fantastic. I mean, here they are trying than the color of their skin. I am look- vote for him, but I thought it will be to gear up, yet they want to know in- ing forward to that day. That day has awesome if he can bring us even closer formation. They don’t want to be been set back tremendously. together. And now at the end of his ad- gaslighted. They want to know what is It was a highlight for me back at the ministration, it is so grievous that the truth so that they can start mak- end of the fall to go back to my home- America seems more divided than ever. ing hard preparations for taking office town of Mount Pleasant, Texas. I had I see an article here about more po- on January 20. mentioned to a reporter sometime lice officers again being shot in our An article, December 30, from Paul back, though I didn’t vote for Presi- U.S. cities. I heard the former police Bedard from the Washington Examiner dent Obama, I had hopes that he would chief, I believe, in Chicago this week says that the Department of Homeland do for America what Coach Willie Wil- saying that Black Lives Matter was Security says 94 percent of deporta- liams did for our football team. Actu- supposedly organized to try to stop tions are people illegally here, terror ally, I didn’t say ‘‘football team.’’ I killings of Black, especially young, threats, or gang bangers. The CBP— said ‘‘our team.’’ men. And yet, what Black Lives Matter border patrol—reports assaults on bor- has done is actually increase the num- b 1745 der agents have skyrocketed 231 per- ber of people being shot. Liberals immediately put up an arti- cent in 2017. I was absolutely astounded to hear a So not only has this President’s rules cle saying that I said my basketball quote from the President. A speech, ap- of engagement gotten about four times coach, my favorite coach, was African parently, he was making. I heard it on more Americans killed, our military American. Apparently, liberals think, the radio. Maybe he was giving an members killed in Afghanistan, in the if you are African American, you must interview. But he was saying that we same amount of time as Commander in be a coach of basketball because of know that cities that have more gun Chief George W. Bush had, in addition your race. When actually, it was the control laws just have less violence. to the rules of engagement getting our year before I went to the varsity, I was That is called gaslighting. That is people killed four times faster than on the junior varsity, and I enjoyed called creating a fiction and trying to playing for Coach Williams more than under Commander in Chief Bush, but push it across and make somebody who also the assaults on our own agents any coach I had ever played for. knows the truth think that they are And unfortunately, Coach Williams’ have gone up 231 percent just in this crazy and that this alternate truth is year—in 1 year. We are getting our bor- memory is still intact. I haven’t seen really what is going on. der patrol harmed. him in decades. But I was asked to The fact is that cities with the most Another article by Chris Tomlinson come give a motivational talk for the gun control laws, like Chicago, for in Breitbart: ‘‘600 ‘Underage’ Migrants team I played for—the Mount Pleasant heaven’s sakes—I mean, the hundreds Turn Out to Be Adults.’’ I mean, I have Tigers. It was such a treat being with of precious Black lives that have been seen that in the middle of the night those players that morning. It had a taken, been killed, the massive gun down on the border. People coming in, rough year to that point. I got to be control laws have not helped Chicago. switching off Xeroxed indications they with them on the field during the They have got a massive number of gun were going to use for their identifica- game. It was such a treat. Those young control laws there than we do in any tion: This is who I am. For whatever people were just inspirational. They city in east Texas, and yet nowhere in reason, they would look at their thing fought hard, and some say it was the east Texas has that kind of violence at best game of the year. They won sin- that percentage rate. It is insane. and switch out as to who was going to glehandedly against a team from a big- It is time to quit trying to gaslight be who. They weren’t able to vet those ger town than Mount Pleasant. They the American people, convince them people, but they were still ordered to even gave me the game ball. they are going crazy, and that what in-process them anyway. And as much as that meant to me, they know to be true is fiction. It is This article from Michael Patrick the real highlight was, as we went into time to just have a truthful assessment Leahy, December 7, reported that So- halftime, somebody told me that my of where we are. We need to follow the malia refugees were arriving in the old coach, back from over 40 years ago, law. We need to have enforcement of United States at the highest rate ever was up in the press box, and I got to go our borders. in the first two months of fiscal year up. I was so thrilled to see him. We We will continue to be the most gen- 2017, which would be October and No- hugged and smiled big as ever. I was so erous Nation in the world, not just in vember. So just astounding when elated in seeing him and talking to giving funds to help others, not just in America was making very clear we him. Somebody said when I got back giving lives of our citizens to help free- need to protect American citizens. It is here—when I said: I finally got to see dom for other countries like nowhere not just the people in this room, as we Coach Williams after all these years. It else in history, but also most generous did yesterday, who take that oath, but was wonderful. in the number of visas and the number the President takes that oath. You Well, did you get a picture? of people that we allow to come into have got cabinet members that take I didn’t even think about a picture. the United States and visit. Yet, that the oath, yet they are not doing their That is not a very good politician. But generosity has been abused. As the bor- jobs. People are getting killed. 85,000 I didn’t think about a picture. But it is der patrol has said, every time we hear refugees under Obama, but less than 10 a shame. somebody in the government in Wash- to the District of Columbia. So, appar- His memory is so good because he re- ington say anything about legalizing ently, let’s put those refugees in your membered. We didn’t have a lot of tal- anything, or anybody that is here ille- backyard. We certainly don’t want ent on that team. We didn’t. He made gally, it is like a shiny object that them in Washington, D.C.’s backyard, us so cohesive. We played well to- draws even greater numbers illegally apparently, according to this adminis- gether. We didn’t have any outstanding through our borders. tration. talent, but we had a winning season. And what is our border patrol or- Then it is pretty amazing, but just 10 And it was a fun season because Coach dered to do? Don’t turn them back and States resettled more than half of re- Williams made it that way. He inspired prevent them from entering the United cent refugees to the United States. us together. Everybody got treated just States. Oh, no. Let them step foot on Naturally, way more than anywhere the same. Nobody got special treat- American soil, then in-process them, else was California and Texas. The ment. Nobody got treated more harshly and we will ship them around different Daily Caller reported that the ‘‘State than anybody else. And we came to- places. Although, I saw an article last Department claims no one used sham gether as a team. week where there were some aliens il- visas from fake embassy.’’ Yet, we have He remembered. He said: Yeah, you legally here who were just dropped off seen hundreds and hundreds of people guys didn’t have much talent on your at a bus stop. that—the report showed—had been

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We knew that at least a tion; Federal Acquisition Circular 2005-94; In- against FBI databases, approves citi- part of the people fighting were radical troduction [Docket No.: FAR 2016-0051, Se- zenship’’ anyway. Islamists, but the administration went quence No.: 8] received January 3, 2017, pur- The Afghan refugee program has not on and turned the country into chaos. suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- been totally successful. A report here, Thank God America is going to have 121, Sec. 251; (110 Stat. 868); to the Committee Afghan refugee in December was ar- a new administration before we com- on Oversight and Government Reform. 8. A letter from the President and CEO, Na- rested for rape and murder of a top EU pletely go to chaos ourselves. tional Safety Council, transmitting the official’s daughter. So, apparently, Mr. Speaker, I yield back the balance Council’s Audit Report, in accordance with that was not working out so well. But of my time. their Federal Charter, 36 U.S.C. 152502; Pub- that was in the country of Germany f lic Law 105-225; (112 Stat. 1415); to the Com- where you have a like-minded leader in mittee on the Judiciary. LEAVE OF ABSENCE Angela Merkel, who wants to defeat f terrorism, as our President does, with By unanimous consent, leave of ab- REPORTS OF COMMITTEES ON love and compassion. Well, love is a sence was granted to: PUBLIC BILLS AND RESOLUTIONS stronger emotion than hate. Love can Mr. POE of Texas (at the request of overcome evil. Mr. MCCARTHY) for today on account of Under clause 2 of rule XIII, reports of But when people are religiously dedi- personal reasons. committees were delivered to the Clerk for printing and reference to the proper cated to wiping another group of people f off the planet for what they deem to be calendar, as follows: their holy god, those are people that ADJOURNMENT Mr. COLLINS of Georgia: Committee on have to be defeated. They are at war Mr. GOHMERT. Mr. Speaker, I move Rules. House Resolution 22. Resolution pro- with you. You defeat them militarily. that the House do now adjourn. viding for consideration of the bill (H.R 26) That puts radical Islam back in a box The motion was agreed to; accord- to amend chapter 8 of title 5, United States until some other well-meaning fool Code, to provide that major rules of the exec- ingly (at 6 o’clock and 2 minutes p.m.), utive branch shall have no force or effect un- like former President Carter—a fine under its previous order, the House ad- less a joint resolution of approval is enacted man, just a foolish President—not de- journed until tomorrow, Thursday, into law, and providing for consideration of meaning his character, but he was just January 5, 2017, at 10 a.m. the resolution (H. Res. 11) objecting to very foolish—in citing the Ayatollah f United Nations Security Council Resolution Khomeini as a man of peace, as he was 2334 as an obstacle to Israeli-Palestinian so welcoming in the Ayatollah Kho- EXECUTIVE COMMUNICATIONS, peace, and for other purposes (Rept. 115–1). meini taking over Iran. That released ETC. Referred to the House Calendar. radical Islam out of the box, gave them Under clause 2 of rule XIV, executive f control of a major country, major communications were taken from the PUBLIC BILLS AND RESOLUTIONS country military, and thousands and Speaker’s table and referred as follows: thousands and thousands of people con- Under clause 2 of rule XII, public 3. A letter from the PRAO Branch Chief, bills and resolutions of the following tinue to die because of that mistake. Food and Nutrition Service, Department of We know going back to the early Agriculture, transmitting the Department’s titles were introduced and severally re- days of the United States when so final rule — Supplemental Nutrition Assist- ferred, as follows: much of the Federal Treasury was used ance Program Promotion [FNS-2016-0028] By Mr. CONAWAY (for himself, Mr. to pay ransom to get our sailors back (RIN: 0584-AE44) received January 3, 2017, AUSTIN SCOTT of Georgia, Mr. SES- who were being captured by radical pursuant to 5 U.S.C. 801(a)(1)(A); Public Law SIONS, and Mr. DAVID SCOTT of Geor- 104-121, Sec. 251; (110 Stat. 868); to the Com- gia): Islamists in North Africa, and Jeffer- mittee on Agriculture. H.R. 238. A bill to reauthorize the Com- son couldn’t understand why they kept 4. A letter from the Senior Procurement modity Futures Trading Commission, to bet- attacking American boats. Executive, Office of Acquisition Policy, Gen- ter protect futures customers, to provide b 1800 eral Services Administration, transmitting end-users with market certainty, to make the Administration’s Small Entity Compli- basic reforms to ensure transparency and ac- He asked the Islamist whom he was ance Guide — Federal Acquisition Regula- countability at the Commission, to help negotiating with why they kept at- tion; Federal Acquisition Circular 2005-93; farmers, ranchers, and end-users manage tacking American ships. We are not a Small Entity Compliance Guide [Docket No.: risks, to help keep consumer costs low, and threat to you. We don’t even have a FAR 2016-0051, Sequence No.: 8] received Jan- for other purposes; to the Committee on Nat- Navy. uary 3, 2017, pursuant to 5 U.S.C. 801(a)(1)(A); ural Resources, and in addition to the Com- Reportedly, the response was, in es- Public Law 104-121, Sec. 251; (110 Stat. 868); to mittee on Agriculture, for a period to be sub- the Committee on Oversight and Govern- sequently determined by the Speaker, in sence: Look, if we die, in attacking ment Reform. each case for consideration of such provi- someone like you, we go straight to 5. A letter from the Senior Procurement sions as fall within the jurisdiction of the paradise. Executive, Office of Acquisition Policy, Gen- committee concerned. Jefferson was amazed. He couldn’t eral Services Administration, transmitting By Mr. RATCLIFFE (for himself and believe there was a world religion—or the Administration’s final rule — Federal Mr. MCCAUL): even people’s interpretation of a world Acquisition Regulation; Privacy Training H.R. 239. A bill to amend the Homeland Se- religion—that advocated that you [FAC 2005-94; FAR Case 2010-013; Item I; curity Act of 2002 to provide for innovative could go to paradise for killing inno- Docket No.: 2010-0013; Sequence No.: 1] (RIN: research and development, and for other pur- 9000-AM06) received January 3, 2017, pursuant poses; to the Committee on Homeland Secu- cent people. Of course, they maintained to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, rity. they are not innocent because they Sec. 251; (110 Stat. 868); to the Committee on By Mr. RATCLIFFE (for himself, Mr. don’t believe exactly like the radical Oversight and Government Reform. MCCAUL, and Mr. THOMPSON of Mis- Islamists believe. 6. A letter from the Senior Procurement sissippi): President Obama basically did the Executive, Office of Acquisition Policy, Gen- H.R. 240. A bill to encourage engagement same thing with Libya. Qadhafi was eral Services Administration, transmitting between the Department of Homeland Secu- not a good man; but, since 2003, the re- the Administration’s final rule — Federal rity and technology innovators, and for ports were clear, as others in North Af- Acquisition Regulations; Payment of Sub- other purposes; to the Committee on Home- contractors [FAC 2005-94; FAR Case 2014-004; land Security. rica and the Middle East reported, that Item II; Docket No.: 2014-0004; Sequence No.: By Mr. POE of Texas (for himself, Mr. he was about the best friend that the 1] (RIN: 9000-AM98) received January 3, 2017, BURGESS, Mr. JODY B. HICE of Geor- United States had in helping to fight pursuant to 5 U.S.C. 801(a)(1)(A); Public Law gia, Mr. GOSAR, Mr. WEBER of Texas, terrorism in that area; yet this admin- 104-121, Sec. 251; (110 Stat. 868); to the Com- Mr. BROOKS of Alabama, Mr. FRANKS

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of Arizona, Mr. FARENTHOLD, and Mr. TIBERI, Mr. MOOLENAAR, Mr. Ms. LEE, Ms. DELAURO, and Mr. RICH- Mrs. BLACK): BRAT, Mr. WEBSTER of Florida, Mr. MOND): H.R. 241. A bill to provide for sanctions on BARLETTA, Mr. NUNES, Mr. POE of H.R. 254. A bill to reinstate Federal Pell countries that have refused or unreasonably Texas, Mr. CARTER of Georgia, Mr. Grant eligibility for individuals incarcerated delayed repatriation of an alien who is a na- COSTELLO of Pennsylvania, Mr. in Federal and State penal institutions, and tional of that country, or that have an exces- BISHOP of Michigan, Mr. RENACCI, Mr. for other purposes; to the Committee on sive repatriation failure rate, and for other CRAMER, Mr. EMMER, Mr. Education and the Workforce. purposes; to the Committee on the Judici- SCHWEIKERT, Mr. MARCHANT, Mr. By Ms. ESTY (for herself, Mrs. COM- ary, and in addition to the Committee on YOUNG of Alaska, Mr. YOUNG of Iowa, STOCK, Ms. EDDIE BERNICE JOHNSON of Foreign Affairs, for a period to be subse- Mr. WESTERMAN, Mr. GIBBS, Mr. Texas, and Mr. SMITH of Texas): quently determined by the Speaker, in each PITTENGER, Mr. SMITH of New Jersey, H.R. 255. A bill to authorize the National case for consideration of such provisions as Mr. LAHOOD, Mr. COLLINS of Georgia, Science Foundation to support entrepre- fall within the jurisdiction of the committee and Mr. YODER): neurial programs for women; to the Com- concerned. H.R. 246. A bill to repeal the annual fee on mittee on Science, Space, and Technology. By Mr. WELCH (for himself, Ms. SCHA- health insurance providers enacted by the By Mr. FARENTHOLD: KOWSKY, Ms. DELAURO, Mr. CUM- Patient Protection and Affordable Care Act; H.R. 256. A bill to amend chapter 44 of title MINGS, Mr. ELLISON, Mr. POCAN, Mr. to the Committee on Ways and Means, and in 18, United States Code, to provide that a CICILLINE, Ms. KAPTUR, Mr. LIPINSKI, addition to the Committee on Energy and member of the armed forces and the spouse Ms. MCCOLLUM, Ms. CASTOR of Flor- Commerce, for a period to be subsequently of that member shall have the same rights ida, Mr. GRIJALVA, Mr. LYNCH, Mr. determined by the Speaker, in each case for regarding the receipt of firearms at the loca- COHEN, Ms. MICHELLE LUJAN GRISHAM consideration of such provisions as fall with- tion of any duty station of the member; to of New Mexico, and Mr. CARTWRIGHT): in the jurisdiction of the committee con- the Committee on the Judiciary. H.R. 242. A bill to amend part D of title cerned. By Mr. FRANKS of Arizona (for him- XVIII of the Social Security Act to require By Mr. BRAT (for himself, Mr. GOH- self, Mr. DESANTIS, and Mr. ZELDIN): the Secretary of Health and Human Services MERT, Mr. MEADOWS, Mr. ROYCE of H.R. 257. A bill to recognize Jerusalem as to negotiate covered part D drug prices on California, Mr. ROKITA, Mr. the capital of Israel and to transfer to Jeru- behalf of Medicare beneficiaries; to the Com- SCHWEIKERT, Mr. GUTHRIE, and Mr. salem the United States Embassy located in mittee on Energy and Commerce, and in ad- GOSAR): Tel Aviv; to the Committee on Foreign Af- dition to the Committee on Ways and Means, H.R. 247. A bill to amend the Internal Rev- fairs. for a period to be subsequently determined enue Code of 1986 to expand the permissible By Ms. GABBARD (for herself, Mr. by the Speaker, in each case for consider- use of health savings accounts to include WELCH, Mr. JONES, Mr. MASSIE, Ms. ation of such provisions as fall within the ju- health insurance payments and to increase LEE, and Mr. YOHO): risdiction of the committee concerned. the dollar limitation for contributions to H.R. 258. A bill to prohibit the use of By Mr. AMODEI: health savings accounts, and for other pur- United States Government funds to provide H.R. 243. A bill to amend title 54, United poses; to the Committee on Ways and Means. assistance to Al Qaeda, Jabhat Fateh al- States Code, to prohibit the further exten- By Mr. AMASH: Sham, and the Islamic State of Iraq and the sion or establishment of national monu- H.R. 248. A bill to limit the authority of Levant (ISIL) and to countries supporting ments in the State of Nevada except by ex- personnel of the Department of Homeland those organizations, and for other purposes; press authorization of Congress; to the Com- Security to prohibit a citizen or permanent to the Committee on Foreign Affairs, and in mittee on Natural Resources. resident of the United States from boarding addition to the Committee on Intelligence By Mr. COOK (for himself and Ms. as a passenger on an aircraft or cruise ship (Permanent Select), for a period to be subse- GABBARD): based on inclusion of the individual in a quently determined by the Speaker, in each H.R. 244. A bill to encourage effective, vol- watchlist, and for other purposes; to the case for consideration of such provisions as untary private sector investments to recruit, Committee on Homeland Security. fall within the jurisdiction of the committee employ, and retain men and women who By Mr. BABIN: concerned. ´ ´ have served in the United States military H.R. 249. A bill to prohibit United States By Miss GONZALEZ-COLON OF PUERTO with annual presidential awards to private voluntary contributions to the regular budg- RICO: sector employers recognizing such efforts, et of the United Nations or any United Na- H.R. 259. A bill to prevent the territories of and for other purposes; to the Committee on tions agency, and for other purposes; to the the United States from losing current Med- Veterans’ Affairs. Committee on Foreign Affairs. icaid funding; to the Committee on Energy By Mr. COOK (for himself and Mr. By Mr. BIGGS (for himself, Mr. FRANKS and Commerce. of Arizona, Mr. SCHWEIKERT, Mr. ´ ´ TAKANO): By Miss GONZALEZ-COLON OF PUERTO H.R. 245. A bill to amend title 38, United GOSAR, and Ms. MCSALLY): RICO: States Code, to provide for the calculation of H.R. 250. A bill to amend title 28, United H.R. 260. A bill to enable the admission of the amount of the monthly housing stipend States Code, to divide the ninth judicial cir- the Territory of Puerto Rico into the Union payable under the Post-9/11 Educational As- cuit of the United States into 2 circuits, and as a State, and for other purposes; to the for other purposes; to the Committee on the Committee on Natural Resources. sistance Program of the Department of Vet- ´ ´ erans Affairs based on the location of the Judiciary. By Miss GONZALEZ-COLON OF PUERTO campus where classes are attended; to the By Ms. BROWNLEY of California: RICO: H.R. 251. A bill to direct the Administrator H.R. 261. A bill to amend part B of the title Committee on Veterans’ Affairs. of the Small Business Administration to es- XVIII of the Social Security Act to apply By Mrs. NOEM (for herself, Ms. tablish a competitive grant program to deemed enrollment to residents of Puerto SINEMA, Mr. BILIRAKIS, Mrs. BLACK, award grants to States and local govern- Rico; to the Committee on Energy and Com- Mrs. BLACKBURN, Mr. BROOKS of Ala- ments for purposes of assisting entre- merce, and in addition to the Committee on bama, Mr. BUCHANAN, Mr. CARTER of preneurs planning to start a small business Ways and Means, for a period to be subse- Texas, Mr. COLLINS of New York, Mr. concern; to the Committee on Small Busi- quently determined by the Speaker, in each GUTHRIE, Mr. HENSARLING, Mr. JODY ness. case for consideration of such provisions as B. HICE of Georgia, Mr. JOHNSON of By Mr. AL GREEN of Texas: fall within the jurisdiction of the committee Ohio, Mr. JOYCE of Ohio, Mr. KELLY H.R. 252. A bill to provide housing assist- concerned. of Pennsylvania, Mr. KNIGHT, Mr. ance for very low-income veterans; to the By Mr. GENE GREEN of Texas: LAMBORN, Mr. LANCE, Mr. MAC- Committee on Financial Services, and in ad- H.R. 262. A bill to establish the Buffalo ARTHUR, Mr. MASSIE, Mr. MEEHAN, dition to the Committee on Ways and Means, Bayou National Heritage Area in the State Mr. MESSER, Mr. MULLIN, Mr. for a period to be subsequently determined of Texas, and for other purposes; to the Com- PALAZZO, Mr. PETERSON, Mr. by the Speaker, in each case for consider- mittee on Natural Resources. RATCLIFFE, Mr. ROHRABACHER, Ms. ation of such provisions as fall within the ju- By Mr. LAMBORN (for himself and Mr. ROS-LEHTINEN, Mr. ROSKAM, Mr. risdiction of the committee concerned. FRANKS of Arizona): SMITH of Missouri, Mrs. WALORSKI, By Mr. BUCHANAN (for himself and H.R. 263. A bill to render United Nations Mr. BARR, Mr. KATKO, Mr. TURNER, Mr. LEVIN): Security Council Resolution 2334 null and Ms. JENKINS of Kansas, Ms. H.R. 253. A bill to amend parts B and E of void as a matter of United States law, and BROWNLEY of California, Mr. HOLD- title IV of the Social Security Act to invest for other purposes; to the Committee on For- ING, Mr. HILL, Mr. HUDSON, Mr. in funding prevention and family services to eign Affairs. CHABOT, Mr. SAM JOHNSON of Texas, help keep children safe and supported at By Mr. LAMBORN (for himself and Mr. Mr. REED, Mr. WOODALL, Mr. SMITH of home, to ensure that children in foster care FRANKS of Arizona): Nebraska, Mr. GRIFFITH, Mr. YOHO, are placed in the least restrictive, most fam- H.R. 264. A bill to prohibit the use of funds Mr. HURD, Mr. ZELDIN, Mr. SHUSTER, ily-like, and appropriate settings, and for for assessed or voluntary contributions to Mr. LONG, Mr. ALLEN, Mr. MCCAUL, other purposes; to the Committee on Ways the United Nations until the submission of Mr. JONES, Mr. FRANKS of Arizona, and Means. certain reports on such funding, and for Mr. TIPTON, Mr. BURGESS, Mr. By Mr. DANNY K. DAVIS of Illinois other purposes; to the Committee on Foreign WALBERG, Mr. OLSON, Mr. ABRAHAM, (for himself, Mr. SCOTT of Virginia, Affairs.

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By Mr. LANCE: Mr. FLORES, Mr. BARR, Mr. CARTER of H.R. 285. A bill to amend the Internal Rev- H.R. 265. A bill to recognize Jerusalem as Georgia, Mr. AUSTIN SCOTT of Geor- enue Code of 1986 to repeal the individual and the capital of Israel, to relocate to Jeru- gia, Mr. DUNCAN of Tennessee, Mr. employer health insurance mandates; to the salem the United States Embassy in Israel, HILL, Mr. CHABOT, Mrs. BLACKBURN, Committee on Ways and Means. and for other purposes; to the Committee on Mr. ROUZER, Mr. CULBERSON, Mrs. By Mr. TURNER (for himself and Mr. Foreign Affairs. HARTZLER, Mr. BABIN, Mr. BUCSHON, JOYCE of Ohio): By Mr. LEWIS of Georgia: and Mr. SCALISE): H.R. 286. A bill to amend the Internal Rev- H.R. 266. A bill to amend the Omnibus H.R. 277. A bill to repeal the Patient Pro- enue Code of 1986 to exempt certain emer- Crime Control and Safe Streets Act of 1968 to tection and Affordable Care Act and related gency medical devices from the excise tax on provide that COPS grant fundsmay be used reconciliation provisions, to promote pa- medical devices, and for other purposes; to to hire and train new, additional career law tient-centered health care, to provide for the the Committee on Ways and Means. enforcement officers who are residents of the creation of a safe harbor for defendants in By Mr. TURNER: communities they serve, and for other pur- medical malpractice actions who dem- H.R. 287. A bill to amend the Internal Rev- poses; to the Committee on the Judiciary. onstrate adherence to clinical practice enue Code of 1986 to exempt student workers By Mr. LEWIS of Georgia: guidelines, and for other purposes; to the for purposes of determining a higher edu- H.R. 267. A bill to redesignate the Martin Committee on Energy and Commerce, and in cation institution’s employer health care Luther King, Junior, National Historic Site addition to the Committees on the Budget, shared responsibility; to the Committee on in the State of Georgia, and for other pur- Ways and Means, Education and the Work- Ways and Means. poses; to the Committee on Natural Re- force, the Judiciary, Natural Resources, By Mr. WALDEN (for himself and Mr. sources. House Administration, Rules, Appropria- LOEBSACK): By Mr. LEWIS of Georgia: tions, and Veterans’ Affairs, for a period to H.R. 288. A bill to ensure that small busi- H.R. 268. A bill to amend the National be subsequently determined by the Speaker, ness providers of broadband Internet access Highway System Designation Act of 1995 to in each case for consideration of such provi- service can devote resources to broadband permit the construction of certain noise bar- sions as fall within the jurisdiction of the deployment rather than compliance with riers with funds from the Highway Trust committee concerned. cumbersome regulatory requirements; to the Fund, and for other purposes; to the Com- By Mr. ROSS: Committee on Energy and Commerce. mittee on Transportation and Infrastruc- H.R. 278. A bill to amend the Illegal Immi- By Mr. LAMALFA: ture. gration and Immigrant Responsibility Act of H.R. 289. A bill to authorize the Secretary By Mr. LEWIS of Georgia: 1996 to direct the Secretary of Homeland Se- of the Interior and the Secretary of Agri- H.R. 269. A bill to eliminate the require- curity to complete the required 700-mile culture to issue permits for recreation serv- ment that, to be eligible for foster care southwest border fencing by December 31, ices on lands managed by Federal agencies, maintenance payments, a child would have 2016, and for other purposes; to the Com- and for other purposes; to the Committee on been eligible for aid under the former pro- mittee on Homeland Security. Natural Resources, and in addition to the gram of Aid to Families with Dependent By Ms. STEFANIK: Committee on Agriculture, for a period to be Children at the time of removal from the H.R. 279. A bill to amend title 10, United subsequently determined by the Speaker, in home; to the Committee on Ways and Means. States Code, to provide a period for the relo- each case for consideration of such provi- By Mr. LEWIS of Georgia: cation of spouses and dependents of certain sions as fall within the jurisdiction of the H.R. 270. A bill to amend the Internal Rev- members of the Armed Forces undergoing a committee concerned. enue Code of 1986 to provide support to envi- permanent change of station in order to ease By Mr. WALDEN (for himself and Mr. ronmental justice communities and environ- and facilitate the relocation of military fam- KINZINGER): mental justice projects; to the Committee on ilies, and for other purposes; to the Com- H.R. 290. A bill to amend the Communica- Ways and Means. mittee on Armed Services. tions Act of 1934 to provide for greater trans- By Mr. LEWIS of Georgia: By Ms. STEFANIK: H.R. 271. A bill to reauthorize the Assets H.R. 280. A bill to amend the Workforce In- parency and efficiency in the procedures fol- for Independence Act, to provide for the ap- novation and Opportunity Act to ensure dis- lowed by the Federal Communications Com- proval of applications to operate new dem- located workers are provided consultation mission, and for other purposes; to the Com- onstration programs and to renew existing and advice for starting a small business as mittee on Energy and Commerce. programs, to enhance program flexibility, part the rapid response activities for dis- By Mr. YOHO (for himself, Mr. COHEN, and for other purposes; to the Committee on located workers; to the Committee on Edu- Ms. SINEMA, Mr. PITTENGER, Mr. Ways and Means. cation and the Workforce. MASSIE, Mr. GOHMERT, Mr. FLORES, By Mr. LEWIS of Georgia: By Ms. STEFANIK: Mr. ROUZER, Mr. POLIQUIN, Mrs. H.R. 272. A bill to amend title XX of the H.R. 281. A bill to amend the Immigration BLACKBURN, and Mr. OLSON): Social Security Act to provide grants to sup- and Nationality Act to simplify the peti- H.R. 291. A bill to amend title 5, United port job creation initiatives, and for other tioning procedure for H-2A workers, to ex- States Code, to extend the basis for the de- purposes; to the Committee on Ways and pand the scope of the H-2A program, and for nial of retirement credit, for service as a Means. other purposes; to the Committee on the Ju- Member of Congress, to include conviction of By Mr. LEWIS of Georgia: diciary. any felony under Federal or State law, and H.R. 273. A bill to amend the Internal Rev- By Ms. STEFANIK: for other purposes; to the Committee on enue Code of 1986 to provide an income tax H.R. 282. A bill to amend the House Administration, and in addition to the credit for the costs of certain infertility Servicemembers Civil Relief Act to author- Committee on Oversight and Government treatments; to the Committee on Ways and ize spouses of servicemembers to elect to use Reform, for a period to be subsequently de- Means. the same residences as the servicemembers; termined by the Speaker, in each case for By Mr. MOULTON (for himself, Mr. to the Committee on Veterans’ Affairs. consideration of such provisions as fall with- HURD, Mr. MEADOWS, Mrs. BUSTOS, By Ms. STEFANIK: in the jurisdiction of the committee con- and Mr. SWALWELL of California): H.R. 283. A bill to amend the Internal Rev- cerned. H.R. 274. A bill to provide for reimburse- enue Code of 1986 to allow without penalty By Mr. YOUNG of Alaska (for himself ment for the use of modern travel services by any 529 plan distributions used for student and Mr. RUIZ): Federal employees traveling on official Gov- loans payments; to the Committee on Ways H.R. 292. A bill to amend the Balanced ernment business, and for other purposes; to and Means. Budget and Emergency Deficit Control Act the Committee on Oversight and Govern- By Ms. STEFANIK: of 1985 to exempt Alaska Native and Amer- ment Reform. H.R. 284. A bill to amend title XVIII of the ican Indian programs from sequestration; to By Mr. PERRY (for himself and Mr. Social Security Act to establish rules for the Committee on the Budget. BRENDAN F. BOYLE of Pennsylvania): payment for graduate medical education By Mr. YOUNG of Alaska: H.R. 275. A bill to prevent diversion of (GME) costs for hospitals that establish a H.R. 293. A bill to extend the authorization funds from the Crime Victims Fund; to the new medical residency training program of appropriations to the Department of Vet- Committee on Rules, and in addition to the after hosting resident rotators for short du- erans Affairs for purposes of awarding grants Committee on the Budget, for a period to be rations; to the Committee on Ways and to veterans service organizations for the subsequently determined by the Speaker, in Means, and in addition to the Committee on transportation of highly rural veterans; to each case for consideration of such provi- Energy and Commerce, for a period to be the Committee on Veterans’ Affairs. sions as fall within the jurisdiction of the subsequently determined by the Speaker, in By Mr. BYRNE: committee concerned. each case for consideration of such provi- H.J. Res. 14. A joint resolution proposing a By Mrs. RADEWAGEN: sions as fall within the jurisdiction of the balanced budget amendment to the Constitu- H.R. 276. A bill a bill to amend title 49, committee concerned. tion of the United States; to the Committee United States Code, to ensure reliable air By Mr. TURNER (for himself, Mr. on the Judiciary. service in American Samoa; to the Com- FARENTHOLD, Mr. DUNCAN of South By Mr. AMASH: mittee on Transportation and Infrastruc- Carolina, Mr. DESJARLAIS, Mr. H.J. Res. 15. A joint resolution proposing a ture. MCCLINTOCK, Mr. MULLIN, Mr. ROE of balanced budget amendment to the Constitu- By Mr. ROE of Tennessee (for himself, Tennessee, and Mr. ROGERS of Ala- tion of the United States; to the Committee Mr. WALKER, Mr. ROKITA, Mr. GOSAR, bama): on the Judiciary.

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\L04JA7.100 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H96 CONGRESSIONAL RECORD — HOUSE January 4, 2017 By Mr. LAMBORN: carrying into Execution the foregoing Pow- Article I, Section 8, Clause 18 (‘‘The Con- H.J. Res. 16. A joint resolution dis- ers, and all other Powers vested by this Con- gress shall have Power . . . To make all approving a rule submitted by the Depart- stitution in the Government of the United Laws which shall be necessary and proper for ment of the Interior known as the ‘‘Stream States or in any Department or Officer carrying into Execution . . . all other Pow- Protection Rule’’; to the Committee on Nat- thereof. ers vested by this Constitution in the Gov- ural Resources. By Mr. RATCLIFFE: ernment of the United States or in any De- By Mr. PALAZZO (for himself and Mr. H.R. 240. partment or Officer thereof.’’) SANFORD): Congress has the power to enact this legis- By Mr. BABIN: H.J. Res. 17. A joint resolution proposing lation pursuant to the following: H.R. 249. an amendment to the Constitution of the Article 1, Section 8, Clause 18—To make all Congress has the power to enact this legis- United States to limit the number of con- Laws which shall be necessary and proper for lation pursuant to the following: secutive terms that a Member of Congress carrying into Execution the foregoing Pow- Article I, Section 9, Clause 7: No Money may serve; to the Committee on the Judici- ers, and all other Powers vested by this Con- shall be drawn from the Treasury, but in ary. stitution in the Government of the United Consequence of Appropriations made by Law; By Mr. PERRY: States or in any Department or Officer and a regular Statement and Account of the H.J. Res. 18. A joint resolution proposing a thereof. Receipts and Expenditures of all public balanced budget amendment to the Constitu- By Mr. POE of Texas: Money shall be published from time to time. tion requiring that each agency and depart- H.R. 241. By Mr. BIGGS: ment’s funding is justified; to the Committee Congress has the power to enact this legis- H.R. 250. on the Judiciary. lation pursuant to the following: Congress has the power to enact this legis- By Mr. HASTINGS: Article 1, Section 8, Clause 4 lation pursuant to the following: H. Con. Res. 4. Concurrent resolution ex- By Mr. WELCH: Article I, Section 8 of the U.S. Constitu- pressing support for temporary protected H.R. 242. tion status for Haitian nationals currently resid- Congress has the power to enact this legis- By Ms. BROWNLEY of California: ing in the United States, and for other pur- lation pursuant to the following: H.R. 251. poses; to the Committee on the Judiciary, Article 1, Section 8, Clause 18: The Con- Congress has the power to enact this legis- and in addition to the Committee on Foreign gress shall have Power To . . . make all lation pursuant to the following: Affairs, for a period to be subsequently de- Laws which shall be necessary and proper for Article I, Section VIII termined by the Speaker, in each case for carrying into Execution the foregoing Pow- By Mr. AL GREEN of Texas: consideration of such provisions as fall with- ers, and all other Powers vested by this Con- H.R. 252. in the jurisdiction of the committee con- stitution in the Government of the United Congress has the power to enact this legis- cerned. States, or in any Department or Officer lation pursuant to the following: By Mr. WELCH (for himself, Mr. RYAN thereof.. General Welfare Clause (Art. 1, Sec. 8, Cl. of Ohio, Ms. VELA´ ZQUEZ, Ms. SCHA- By Mr. AMODEI: 1) KOWSKY, Mr. BLUMENAUER, Mr. DEFA- H.R. 243. Commerce Clause (Art. 1, Sec. 8, Cl. 3) Congress has the power to enact this legis- ZIO, Ms. CLARK of Massachusetts, Mr. By Mr. BUCHANAN: LANGEVIN, Ms. SPEIER, Ms. JACKSON lation pursuant to the following: H.R. 253. The constitutional authority of Congress LEE, Mr. JOHNSON of Georgia, Mr. Congress has the power to enact this legis- to enact this legislation is provided by Arti- DESAULNIER, Mr. DEUTCH, Mr. CON- lation pursuant to the following: cle I, Section 8 of the United States Con- NOLLY, Mr. KEATING, Mr. GRIJALVA, Article I, Section 8, Clause 1 of the United stitution, specifically clause 1 (relating to Mr. KIND, Mr. TED LIEU of California, States Constitution, to ‘‘provide for the com- providing for the general welfare of the Mr. THOMPSON of Mississippi, Mr. mon Defence and general Welfare of the United States) and clause 18 (relating to the GENE GREEN of Texas, Ms. BONAMICI, United States.’’ power to make all laws necessary and proper Ms. KAPTUR, Mr. SCHIFF, Mr. NADLER, By Mr. DANNY K. DAVIS of Illinois: for carrying out the powers vested in Con- Mr. COHEN, Mr. MICHAEL F. DOYLE of H.R. 254. gress), and Article IV, Section 3, Clause 2 (re- Pennsylvania, Ms. KUSTER of New Congress has the power to enact this legis- lating to the power of Congress to dispose of Hampshire, Mr. CARSON of Indiana, lation pursuant to the following: and make all needful rules and regulations Mr. HUFFMAN, Mr. LOEBSACK, Mrs. Article I of the Constitution and its subse- respecting the territory or other property WATSON COLEMAN, Mr. LYNCH, Mr. quent amendments and further clarified and belonging to the United States). MCGOVERN, Mr. COOPER, Ms. PINGREE, interpreted by the Supreme Court of the By Mr. COOK: Ms. MICHELLE LUJAN GRISHAM of New United States. H.R. 244. Mexico, Mr. HASTINGS, Ms. LOFGREN, By Ms. ESTY: Congress has the power to enact this legis- Mr. BRENDAN F. BOYLE of Pennsyl- H.R. 255. lation pursuant to the following: Congress has the power to enact this legis- vania, and Mr. CUMMINGS): Article 1 Section 8 H. Con. Res. 5. Concurrent resolution clari- lation pursuant to the following: By Mr. COOK: fying any potential misunderstanding as to Clause 18 of Section 8 of Article I of the H.R. 245. whether actions taken by President-elect Congress has the power to enact this legis- Constitution Donald Trump constitute a violation of the lation pursuant to the following: By Mr. FARENTHOLD: Emoluments Clause, and calling on Presi- Article 1 Section 8 H.R. 256. dent-elect Trump to divest his interest in, By Mrs. NOEM: Congress has the power to enact this legis- and sever his relationship to, the Trump Or- H.R. 246. lation pursuant to the following: ganization; to the Committee on Oversight Congress has the power to enact this legis- The 2nd Amendment of the United States and Government Reform. lation pursuant to the following: Constitution f Article I, Section 8 of the Constitution of By Mr. FRANKS of Arizona: the United States. H.R. 257. CONSTITUTIONAL AUTHORITY By Mr. BRAT: Congress has the power to enact this legis- STATEMENT H.R. 247. lation pursuant to the following: Purspant to clause 7 of rule XII of Congress has the power to enact this legis- Article I, Section 8, Clause 1 (The Congress shall have Power to lay and collect Taxes, the Rules of the House of Representa- lation pursuant to the following: The Sixteenth Amendment to the Con- Duties, Imposts, and Excises, to pay the tives, the following statements are sub- stitution grants Congress ‘‘power to lay and Debts and provide for the common Defence mitted regarding the specific powers collect taxes on incomes, from whatever and general Welfare of the United States; but granted to Congress in the Constitu- source derived, without apportionment all Duties, Imposts and Excises shall be uni- tion to enact the accompanying bill or among the several States, and without re- form throughout the United States;), and Ar- joint resolution. gard to any census or enumeration.’’ Left ticle I, Section 8, Clause 18 (To make all Laws which shall be necessary and proper for By Mr. CONAWAY: undefined in the amendment, the ‘‘incomes’’ H.R. 238. appropriate for taxation must be determined carrying into execution the foregoing Pow- Congress has the power to enact this legis- through legislation passed by Congress. Con- ers, and all other Powers vested by this Con- lation pursuant to the following: gress therefore has the power to exclude stitution in the Government of the United Pursuant to Article 1, Section 8, Clause 3, from income taxation such sources as it States, or in any Department of Officer Congress has the authority to regulate for- deems appropriate. thereof). eign and interstate commerce. By Mr. AMASH: By Ms. GABBARD: By Mr. RATCLIFFE: H.R. 248. H.R. 258. H.R. 239. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: The Due Process Clause (‘‘[N]or shall any Article 1, Section 9, Clause 7 Article 1, Section 8, Clause 18—To make all person . . . be deprived of life, liberty, or Article 1, Section 8, Clause 1 Laws which shall be necessary and proper for property, without due process of law . . . .’’) Article 1, Section 8, Clause 18

VerDate Sep 11 2014 05:30 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\L04JA7.100 H04JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 4, 2017 CONGRESSIONAL RECORD — HOUSE H97 By Miss GONZA´ LEZ-COLO´ N of Puerto Congress has the power to enact this legis- Clause 3 and 4, of Section 8, of Article 1 of Rico: lation pursuant to the following: the United States Constitution. H.R. 259. This bill is enacted pursuant to the power By Ms. STEFANIK: Congress has the power to enact this legis- granted to Congress under Article I of the H.R. 282. lation pursuant to the following: United States Constitution and its subse- Congress has the power to enact this legis- Article 4, Section 3, Clause 2 quent amendments, and further clarified and lation pursuant to the following: By Miss GONZA´ LEZ-COLO´ N of Puerto interpreted by the Supreme Court of the Article I, Section 8, Clauses 1 and 18 Rico: United States. By Ms. STEFANIK: H.R. 260. By Mr. LEWIS of Georgia: H.R. 283. Congress has the power to enact this legis- H.R. 271. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article IV, Section 3, Clause 2 lation pursuant to the following: Article 1, Section 8 By Miss GONZA´ LEZ-COLO´ N of Puerto This bill is enacted pursuant to the power By Ms. STEFANIK: Rico: granted to Congress under Article I of the H.R. 284. Congress has the power to enact this legis- H.R. 261. United States Constitution and its subse- Congress has the power to enact this legis- lation pursuant to the following: quent amendments, and further clarified and Article I of the Constitution grants Con- lation pursuant to the following: interpreted by the Supreme Court of the gress the authority to regulate interstate Article 4, Section 3, Clause 2 United States. commerce. By Mr. GENE GREEN of Texas: By Mr. LEWIS of Georgia: H.R. 262. By Mr. TURNER: H.R. 272. H.R. 285. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: Article 1, Section 8 This bill is enacted pursuant to the power Article I, Section, 8, Clause 1 of the United By Mr. LAMBORN: granted to Congress under Article I of the States Constitution, as the Supreme Court of H.R. 263. United States Constitution and its subse- the United States has held that the imposi- Congress has the power to enact this legis- quent amendments, and further clarified and tion of the burdensome mandate on hard- lation pursuant to the following: interpreted by the Supreme Court of the working American taxpayers is an action Art. I, Sec. 8 ‘‘To regulate Commerce with United States. Congress may take under its power to tax, foreign Nations’’ By Mr. LEWIS of Georgia: and that this bill seeks to repeal sections of By Mr. LAMBORN: H.R. 273. title 26 U.S.C., the Internal Revenue Code. H.R. 264. Congress has the power to enact this legis- Article I, Section 8, Clause 18 of the United Congress has the power to enact this legis- lation pursuant to the following: States Constitution—To make all Laws lation pursuant to the following: This bill is enacted pursuant to the power which shall be necessary and proper for car- Art. I, Sec. 8 ‘‘To regulate Commerce with granted to Congress under Article I of the rying into Execution the foregoing Powers, foreign Nations’’ United States Constitution and its subse- and all other Powers vested by this Constitu- By Mr. LANCE: quent amendments, and further clarified and tion in the Government of the United States, H.R. 265. interpreted by the Supreme Court of the or in any Department or Officer thereof. Congress has the power to enact this legis- United States. lation pursuant to the following: By Mr. TURNER: By Mr. MOULTON: H.R. 286. Article 1 Section 8 Clause 1: Congress shall H.R. 274. Congress has the power to enact this legis- have power to lay and collect taxes, duties, Congress has the power to enact this legis- lation pursuant to the following: imposts and excises, to pay the debts and lation pursuant to the following: Article I, Section 8, Clause 1 of the United provide for the common defence and general Article I, Section 8 of the United States States Constitution—The Congress shall welfare of the United States; but all duties, Constitution. have Power to lay and collect Taxes, Duties, imposts and excises shall be uniform By Mr. PERRY: Imposts and Excises, to pay the Debts and throughout the United States. H.R. 275. provide for the common Defence and general By Mr. LEWIS of Georgia: Congress has the power to enact this legis- Welfare of the United States; but all Duties, H.R. 266. lation pursuant to the following: Imposts and Excises shall be uniform Congress has the power to enact this legis- Article 1 Section 8 of the U.S. Constitu- throughout the United States. lation pursuant to the following: tion. Article I, Section 8, Clause 18 of the United This bill is enacted pursuant to the power By Mrs. RADEWAGEN: States Constitution—To make all Laws granted to Congress under Article I of the H.R. 276. which shall be necessary and proper for car- United States Constitution and its subse- Congress has the power to enact this legis- rying into Execution the foregoing Powers, quent amendments, and further clarified and lation pursuant to the following: and all other Powers vested by this Constitu- interpreted by the Supreme Court of the Article 1, Section 8 of the United States tion in the Government of the United States, United States. Constitution. or in any Department or Officer thereof. By Mr. LEWIS of Georgia: By Mr. ROE of Tennessee: By Mr. TURNER: H.R. 267. H.R. 277. H.R. 287. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: This bill is enacted pursuant to the power Article 1, Section 8, Clause 1, with respect Article I, Section 8, Clause 1 of the United granted to Congress under Article I of the to the power to ‘‘lay and collect Taxes, Du- States Constitution—The Congress shall United States Constitution and its subse- ties, Imposts, and Excises,’’ and to provide have Power to lay and collect Taxes, Duties, quent amendments, and further clarified and for the ‘‘general Welfare of the United Imposts and Excises, to pay the Debts and interpreted by the Supreme Court of the States.’’ Article 1, Section 8, Clause 3 of the provide for the common Defence and general United States. U.S. Constitution gives Congress the power Welfare of the United States; but all Duties, By Mr. LEWIS of Georgia: to ‘‘regulate Commerce with foreign Nations, Imposts and Excises shall be uniform H.R. 268. and among the several States, and with the throughout the United States. Congress has the power to enact this legis- Indian Tribes.’’ Article I, Section 8, Clause 3 of the United lation pursuant to the following: By Mr. ROSS: States Constitution—The Congress shall This bill is enacted pursuant to the power H.R. 278. have Power . . . To regulate Commerce with granted to Congress under Article I of the Congress has the power to enact this legis- foreign Nations, and among the several United States Constitution and its subse- lation pursuant to the following: States, and with Indian Tribes. quent amendments, and further clarified and Art. I, Sec. 8, Clause 1 Article I, Section 8, Clause 18 of the United interpreted by the Supreme Court of the By Ms. STEFANIK: States Constitution—To make all Laws United States. H.R. 279. which shall be necessary and proper for car- By Mr. LEWIS of Georgia: Congress has the power to enact this legis- rying into Execution the foregoing Powers, H.R. 269. lation pursuant to the following: and all other Powers vested by this Constitu- Congress has the power to enact this legis- Article I, Section 8 tion in the Government of the United States, lation pursuant to the following: By Ms. STEFANIK: or in any Department or Officer thereof. This bill is enacted pursuant to the power H.R. 280. By Mr. WALDEN: granted to Congress under Article I of the Congress has the power to enact this legis- H.R. 288. United States Constitution and its subse- lation pursuant to the following: Congress has the power to enact this legis- quent amendments, and further clarified and Article 1, Section 8, Clause 3 lation pursuant to the following: interpreted by the Supreme Court of the By Ms. STEFANIK: Article I, Section 8, Clause 3 of the United United States. H.R. 281. States Constitution. By Mr. LEWIS of Georgia: Congress has the power to enact this legis- By Mr. LAMALFA: H.R. 270. lation pursuant to the following: H.R. 289.

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Congress has the power to enact this legis- By Mr. PERRY: H.R. 71: Mr. TIBERI. lation pursuant to the following: H.J. Res. 18. H.R. 77: Mr. SESSIONS. Article IV, Section 3, Clause 2 Congress has the power to enact this legis- H.R. 78: Mr. SESSIONS. By Mr. WALDEN: lation pursuant to the following: H.R. 79: Mr. SESSIONS. H.R. 290. Article V of the United States Constitu- H.R. 140: Mr. FRANKS of Arizona. Congress has the power to enact this legis- tion, which grants Congress the authority to H.R. 169: Ms. BONAMICI and Ms. ZOE LOF- lation pursuant to the following: propose Constitutional amendments GREN. Article I, Section 8, Clause 3 of the United f H.R. 174: Mr. FRANKS of Arizona. States Constitution. H.R. 175: Mr. WITTMAN, Mrs. BLACKBURN, By Mr. YOHO: ADDITIONAL SPONSORS Mr. HARRIS, Mr. LOUDERMILK, Mr. WILSON of H.R. 291. Under clause 7 of rule XII, sponsors South Carolina, Mr. WEBER of Texas, Mr. Congress has the power to enact this legis- were added to public bills—and resolu- BUDD, Mr. DAVIDSON, Mrs. HARTZLER, Mr. lation pursuant to the following: tions, as follows: RATCLIFFE, and Mr. BRAT. Article I, Section 6 of the Constitution, H.R. 184: Mr. TED LIEU of California, Mr. H.R. 21: Mr. GAETZ. which states that ‘‘The Senators and Rep- ZELDIN, Ms. TITUS, and Mr. SMITH of Ne- H.R. 26: Mr. WESTERMAN, Mr. CARTER of resentatives shall receive a Compensation braska. Georgia, Mr. MASSIE, Mr. FLEISCHMANN, Mr. for their Services, to be ascertained by Law, H.J. Res. 6: Mr. BIGGS and Mr. DESJARLAIS. MCKINLEY, Mrs. BLACKBURN, Mrs. WAGNER, and paid out of the Treasury of the United H.J. Res. 11: Mr. MOONEY of West Virginia, Mr. TIPTON, Mr. ROTHFUS, Mr. ROE of Ten- States.’’ Mr. KELLY of Pennsylvania, Mr. JOYCE of nessee, Mr. JOYCE of Ohio, Mr. DUFFY, Mr. By Mr. YOUNG of Alaska: Ohio, Mrs. WAGNER, Mr. BUCSHON, Mr. SHIMKUS, Mr. ROYCE of California, Mr. GUTH- H.R. 292. FLEISCHMANN, Mr. THOMPSON of Pennsyl- RIE, Mr. HILL, Mr. PALMER, Mr. MULLIN, Mr. Congress has the power to enact this legis- vania, and Mr. MCCLINTOCK. COOK, Mr. HENSARLING, Mr. GRAVES of Lou- lation pursuant to the following: H. Res. 11: Mr. GRIFFITH, Mr. HOLDING, Mr. isiana, Mrs. BLACK, Mr. GAETZ, Mr. BACON, Article 1, Section 8, Clause 3 ROE of Tennessee, Mr. HULTGREN, Mr. SAM Mr. SCALISE, Mr. BANKS of Indiana, Mr. By Mr. YOUNG of Alaska: JOHNSON of Texas, Mr. FASO, Mr. STIVERS, H.R. 293. CHABOT, Mr. THORNBERRY, Mrs. WALORSKI, Ms. MCSALLY, Mr. GROTHMAN, Mr. JOHNSON Congress has the power to enact this legis- Mr. CRAMER, Mr. GRAVES of Missouri, Mr. of Ohio, Mr. DONOVAN, Mr. THOMPSON of lation pursuant to the following: PITTENGER, Mr. GOHMERT, Mr. BARLETTA, Mr. Pennsylvania, Mr. TROTT, Mr. DAVID SCOTT Article I, Section 8 CULBERSON, Mr. HUIZENGA, Mr. YOUNG of of Georgia, Mr. GONZALEZ of Texas, Mr. The Congress shall have Power to lay and Iowa, Mr. BOST, Mr. HUNTER, Mr. EMMER, Mr. COSTA, Mr. GAETZ, Ms. JENKINS of Kansas, collect Taxes, Duties, Imposts and Excises, POSEY, Mr. JENKINS of West Virginia, Mr. Mr. RENACCI, Mr. RUPPERSBERGER, Mr. VELA, to pay the Debts and provide for the common BURGESS, Mr. STEWART, Mrs. MCMORRIS ROD- Mr. DELANEY, Mr. KING of New York, Mr. Defence and general Welfare of the United GERS, Mr. JODY B. HICE of Georgia, Mr. COS- ALLEN, Mr. YOUNG of Iowa, Mr. JOHNSON of States; but all Duties, Imposts and Excises TELLO of Pennsylvania, Mr. WALBERG, Mr. Louisiana, Mr. GOTTHEIMER, Mr. COOK, Mr. shall be uniform throughout the United AMODEI, Mr. DUNCAN of South Carolina, Mr. CHAFFETZ, Mr. TIBERI, Mr. BRADY of Pennsyl- States. WENSTRUP, Mr. SANFORD, Mr. YOHO, Mr. HUD- vania, Mr. ROSKAM, Mr. OLSON, Ms. ROSEN, By Mr. BYRNE: SON, Mr. STIVERS, Mr. LAMBORN, Mr. BIGGS, Mrs. MIMI WALTERS of California, Mr. SMITH H.J. Res. 14. Mr. GOSAR, Mr. RODNEY DAVIS of Illinois, Mr. of Texas, Mr. COSTELLO of Pennsylvania, Congress has the power to enact this legis- GROTHMAN, Mr. REED, Mr. MOOLENAAR, Mr. Mrs. WAGNER, Mr. YOUNG of Alaska, Mr. lation pursuant to the following: LABRADOR, Mr. MCCAUL, Ms. BEUTLER, Mrs. THOMAS J. ROONEY of Florida, Mr. MOONEY of The constitutional authority on which this LOVE, Mr. TROTT, Mr. ISSA, Mr. GRIFFITH, West Virginia, Mr. SCHWEIKERT, Mr. CULBER- joint resolution is based is found in Article V Mr. CHAFFETZ, Mr. BABIN, Mr. BYRNE, Mr. SON, Mr. MEADOWS, Mr. LAMALFA, Mr. LOBI- of the Constitution, which grants Congress RATCLIFFE, Mr. BRAT, Mr. LAMALFA, Mr. ONDO, Mr. RUSSELL, Mr. HARRIS, Mr. BISHOP the authority, whenever two thirds of both PAULSEN, Mrs. BROOKS of Indiana, Mr. JOHN- of Michigan, Mr. JENKINS of West Virginia, chambers deem it necessary, to propose SON of Ohio, Mrs. MIMI WALTERS of Cali- Mr. BUCHANAN, Mr. HUNTER, and Mr. CAL- amendments to the Constitution. fornia, Mr. CRAWFORD, Mr. SMITH of Texas, VERT. By Mr. AMASH: Mr. COLLINS of New York, Mr. FRELING- H. Res. 14: Mr. SMITH of Nebraska, Mr. SEN- H.J. Res. 15. HUYSEN, Mr. KATKO, Mr. BUCK, Mr. KELLY of SENBRENNER, Mr. FARENTHOLD, and Mr. Congress has the power to enact this legis- Mississippi, Mr. ADERHOLT, Mr. SAM JOHNSON GAETZ. lation pursuant to the following: of Texas, Mr. LUETKEMEYER, Ms. JENKINS of Article V of the Constitution empowers Kansas, Mr. GRAVES of Georgia, Mr. BISHOP f ‘‘[t]he Congress, whenever two thirds of both of Michigan, Mr. BUCSHON, Ms. MCSALLY, CONGRESSIONAL EARMARKS, LIM- Houses shall deem it necessary’’ to ‘‘propose Mrs. HARTZLER, Mr. RUTHERFORD, Mr. FOR- ITED TAX BENEFITS, OR LIM- Amendments to this Constitution . . . which TENBERRY, Mr. KELLY of Pennsylvania, Mr. . . . shall be valid to all Intents and Pur- MURPHY of Pennsylvania, Mr. GIBBS, Mr. ITED TARIFF BENEFITS poses, as Part of this Constitution, when DESANTIS, Mrs. NOEM, Mr. BERGMAN, Mr. Under clause 9 of rule XXI, lists or ratified by the Legislatures of three fourths WITTMAN, Mr. YOUNG of Alaska, Mr. SMITH of statements on congressional earmarks, of the several States, or by Conventions in Nebraska, Mr. BROOKS of Alabama, Mr. limited tax benefits, or limited tariff three fourths thereof.’’ RENACCI, Mr. LOUDERMILK, Mr. ZELDIN, Mrs. benefits were submitted as follows: By Mr. LAMBORN: COMSTOCK, Mr. BARR, Mr. BILIRAKIS, Mr. H.J. Res. 16. DESJARLAIS, Mr. THOMAS J. ROONEY of Flor- OFFERED BY MR. GOODLATTE Congress has the power to enact this legis- ida, Mr. MEADOWS, Mr. THOMPSON of Pennsyl- The provisions that warranted a referral to lation pursuant to the following: vania, Mr. POE of Texas, Mr. ROKITA, Mr. the Committee on Judiciary in H.R. 21 do Article 1, Section 8, Clause 18 OLSON, Mr. SHUSTER, Mr. MITCHELL, Mr. TUR- not contain any congressional earmarks, By Mr. PALAZZO: NER, Mr. WOODALL, Mr. HARRIS, Mr. FLORES, limited tax benefits, or limited tariff bene- H.J. Res. 17. Mr. WILLIAMS, Mr. MESSER, Mr. LANCE, Mr. fits as defined in clause 9 of rule XXI. Congress has the power to enact this legis- PALAZZO, Mr. CALVERT, Mr. WALKER, Mr. OFFERED BY MR. SESSIONS lation pursuant to the following: HOLLINGSWORTH, Mr. LUCAS, Mr. HOLDING, Article V: The Congress, whenever two Mr. BRADY of Texas, Mr. ROUZER, Mr. ABRA- The provisions that warranted a referral to thirds of both houses shall deem it nec- HAM, Mr. BISHOP of Utah, Mr. TIBERI, Mr. the Committee on Rules in H.R. 21 do not essary, shall propose amendments to this PEARCE, Mr. LONG, Mr. SIMPSON, Mr. contain any congressional earmarks, limited Constitution, or, on the application of the HULTGREN, Mr. NEWHOUSE, Mr. ROGERS of tax benefits, or limited tariff benefits as de- legislatures of two thirds of the several Kentucky, Mr. MARCHANT, Mr. SMITH of Mis- fined in clause 9 of rule XXI. states, shall call a convention for proposing souri, Mr. WALDEN, Mr. MCCLINTOCK, Mr. OFFERED BY MRS. BLACK amendments, which, in either case, shall be BARTON, Mr. JORDAN, Mr. LAHOOD, Mr. ROS- The provisions that warranted a referral to valid to all intents and purposes, as part of KAM, Mr. YODER, and Mr. KNIGHT. the Committee on the Budget in H.R. 26, the this Constitution, when ratified by the legis- H.R. 29: Mr. HUDSON, Mr. TROTT, Mr. BILI- Regulations from the Executive in Need of latures of three fourths of the several states, RAKIS, Mr. RATCLIFFE, Mr. JOYCE of Ohio, Scrutiny Act of 2017, do not contain any con- or by conventions in three fourths thereof, and Mr. WOODALL. gressional earmarks, limited tax benefits, or as the one or the other mode of ratification H.R. 33: Mrs. LOVE. limited tariff benefits as defined in clause 9 may be proposed by the Congress; provided H.R. 38: Mr. BILIRAKIS, Mr. DUNN, Mr. of rule XXI. that no amendment which may be made BISHOP of Utah, Mr. BARR, Mr. LATTA, and prior to year one thoustand eighthundred Mr. ROUZER. OFFERED BY MR. GOODLATTE and eight shall in any manner affect the first H.R. 40: Mr. BRADY of Pennsylvania, Mr. The provisions that warranted a referral to and fourth clauses in the ninth section of the RUSH, and Ms. EDDIE BERNICE JOHNSON of the Committee on Judiciary in H.R. 26 do first article; and that no state, without its Texas. not contain any congressional earmarks, consent, shall be deprived of its equal suf- H.R. 41: Mr. LOUDERMILK, Mr. SENSEN- limited tax benefits, or limited tariff bene- frage in the Senate. BRENNER, and Mr. HARPER. fits as defined in clause 9 of rule XXI.

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OFFERED BY MR. SESSIONS tax benefits, or limited tariff benefits as de- 238, the Commodity End-User Relief Act, The provisions that warranted a referral to fined in clause 9 of rule XXI. does not contain any congressional ear- the Committee on Rules in H.R. 26 do not The amendment to be offered by Rep- marks, limited tax benefits, or limited tariff contain any congressional earmarks, limited resentative CONAWAY, or a designee, to H.R. benefits as defined in clause 9 of rule XXI.

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Vol. 163 WASHINGTON, WEDNESDAY, JANUARY 4, 2017 No. 2 Senate The Senate met at 12 noon and was we got committees functioning again, that we just sit on our hands as pre- called to order by the President pro we gave Members of both parties a say miums jump higher, as more Ameri- tempore (Mr. HATCH). again, and we put the Senate back to cans lose plans, and as others continue f work again and back on the side of the to struggle with insurance too costly American people. to actually use. That is essentially the PRAYER Because we did, we were able to get message the outgoing President came The Chaplain, Dr. Barry C. Black, of- important things done with a President this morning to deliver. The incoming fered the following prayer: of a different party. We put an end to Vice President came this morning, too, Let us pray. the number of Washington artificial and delivered an entirely different mes- Eternal Spirit, our guide and cliffs and punts. We helped make our sage. strength, we need Your guidance. Show infrastructure stronger. We helped But repeal is just the first step. We us the path to meaningful life. Reveal make our communities healthier and know it will take time to undo the to us the steps of faith. our country safer. We gave our children damage of this partisan law. We want— Today, use the Members of this body more opportunities to succeed in and we will need—the contributions of to do Your will. Quicken their hearts school, and we helped ensure that those all colleagues as we turn to the devel- and purify their minds. Broaden their who suffer exploitation and abuse— opment of a lasting, durable reform. concerns and strengthen their commit- whether veterans or the victims of The same is true of our economy. We ments. human trafficking—can know more of know the economy over the last 8 years Lord, show them duties left undone. the justice, hope, and care they de- hasn’t lived up to its potential—not for Remind them of promises unkept and serve. working people, not for small busi- reveal to them tasks unattended. Lead I am proud of what we were able to nesses, and certainly not for the next them, Father, through this season of achieve in a time of divided govern- generation. We will have disagree- challenge to a deeper experience with ment, just as I am excited about the ments about the best way forward. You. Then, send them from Your pres- possibilities that lie ahead. That is entirely natural. But, if we ence to be Your instruments of good in We now stand on the horizon of a new look, we will continue to find areas of transforming our Nation and world. era. We seated a new Congress yester- agreement too. There are important We pray in Your mighty Name. day. We will inaugurate a new Presi- contributions for each of us to make. Amen. dent later this month. The challenges That is the lesson of the 114th Con- f ahead are great, and the work to come gress. will be hard, but just as we heard the A more open Senate is a more em- PLEDGE OF ALLEGIANCE voices of the American people in 2014, powering Senate, but it is also a more The President pro tempore led the we heard their message this last elec- demanding Senate. It gives each of us Pledge of Allegiance, as follows: tion as well. Americans called for more of a say in the development of I pledge allegiance to the Flag of the change from the last 8 years and for legislation, just as it requires more of United States of America, and to the Repub- hope, at long last. Each of us, regard- a responsibility in cooperating. In lic for which it stands, one nation under God, less of party, has a mandate to help short, it gives the minority party a indivisible, with liberty and justice for all. and to play a role. stake in governing and thus the obliga- f The first way to begin realizing that tions that come along with that. hope, in my view, is to remove the I welcome our colleague from New RECOGNITION OF THE MAJORITY things that are hurting families right York in his new role as Democratic LEADER now. The President-elect will have an leader. The role of leading a party is The PRESIDING OFFICER (Mr. important role to play there, especially never easy. He has a tough job ahead of SASSE). The majority leader is recog- in addressing overbearing, ideologi- him. I respect him for that. While I nized. cally driven regulations. know we will often disagree, I am also f Congress will have its role too. In reminded of his words just before the terms of what we can do here most im- election. ‘‘We have a moral obliga- A CHANGE IN DIRECTION mediately, ObamaCare is at the top of tion,’’ the Democratic leader said just Mr. MCCONNELL. Mr. President, 2 the list. It is the very first item we will before the election, ‘‘even beyond the years ago the American people sent a consider this session. We will continue economy and politics, to avoid gridlock new majority to the Senate. They to devote significant time to it as well. and get the country to work again.’’ called for a change in direction. They I know some of our Democratic ‘‘We have to get things done,’’ he called for the Senate to get to work. So friends would prefer we didn’t act— said.

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

S29

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VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.000 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S30 CONGRESSIONAL RECORD — SENATE January 4, 2017 If that is our guiding principle, then We look forward to the inauguration cares deeply about this institution. I know we can make this session a suc- in just over 2 weeks. There is now That matters a lot to me. I learned cess. It is what will allow us to get the much serious work to be done. I look that through a meeting set up by my appropriations process moving, for ex- forward to working with each of you to friend from Tennessee. We had a din- ample. We can set the pace now by achieve it. ner, and I walked away convinced that working toward a smooth nomination f Leader MCCONNELL cares a lot about process. making the institution function. That I ask our Democratic friends to re- RESERVATION OF LEADER TIME matters, and that can maybe help us member the consideration we showed The PRESIDING OFFICER. Under through some of the rougher times. We President-Elect Obama’s nominees in the previous order, the leadership time know it has grand principles, grand 2009. We approved seven—seven—mem- is reserved. practices, and a grand tradition in our bers of his Cabinet unanimously within The majority leader. national life, something we both want hours of his inauguration. Seven nomi- to preserve. f nees for President Obama’s Cabinet Yesterday, in my opening remarks as were approved unanimously within ORDER OF PROCEDURE a Senate leader, I did remind our Re- hours of his inauguration. Mr. MCCONNELL. Mr. President, I publican majority and the President- Now, some nominations will be more ask unanimous consent that the vote elect that there would indeed be places contentious. I am sure that will be on the motion to proceed to S. Con. where we can work together, and I true, of course, of the Supreme Court. Res. 3 occur following the remarks of named a few of them, but let me be per- It has been clear throughout that the Senator SCHUMER. fectly clear, kicking millions of Ameri- next President would name the next The PRESIDING OFFICER. Is there cans off their health care and throwing Supreme Court Justice. I maintained objection? the entire health care system into that position even when many thought Without objection, it is so ordered. chaos is not one of them. a President of a different party would I am deeply troubled that the Repub- be taking the oath this month. Now the f lican majority and seemingly the President who won the election will CONCURRENT RESOLUTION ON President-elect are plotting, as one of make the nomination, and the Senate THE BUDGET, FISCAL YEAR their first campaigns in the new Con- that the American people just re- 2017—MOTION TO PROCEED gress, a full-scale assault on the Amer- elected will consider that nomination. ican health care system, not just the Mr. MCCONNELL. Mr. President, I But not everything need become so Affordable Care Act but Medicare and move to proceed to S. Con. Res. 3. contentious. We will have many oppor- Medicaid as well because they are inex- The PRESIDING OFFICER. The tunities to cooperate. I have mentioned tricably bound. Those are the pillars clerk will report the motion. several already. We will see many more that support the American health care The senior assistant legislative clerk in committee. Shortly, we hope to see system, but as its first order of legisla- read as follows: an example of that in the Intelligence tive business, the Republican majority Motion to proceed to Calendar No. 1, S. Committee, where Chairman BURR will has decided to put forward a budget lead Members of both parties in a seri- Con. Res. 3, a concurrent resolution setting forth the congressional budget for the United resolution to repeal health care reform. ous, comprehensive, and responsible re- States Government for fiscal year 2017 and Although he promised not to cut Medi- view of any Russian involvement in our setting forth the appropriate budgetary lev- care in the campaign, the President- elections. Leader SCHUMER will join the els for fiscal years 2018 through 2026. elect has nominated a man who spent committee as an ex-officio member and Mr. MCCONNELL. Mr. President, I his career strategizing health care’s de- will be able to review the reports of the ask for the yeas and nays. mise, and he chose him to be Secretary intelligence community. The Armed The PRESIDING OFFICER. Is there a of HHS. I don’t think that is something Services Committee will review how sufficient second? a vast majority of Americans or even best to tie our cyber capabilities to our There appears to be a sufficient sec- Republicans believe in. warfighting doctrine. ond. It is too clear that President-Elect It is just this type of issue—some- The yeas and nays were ordered. Trump and the Republican Congress thing both parties say is too important Mr. MCCONNELL. Mr. President, I are intent on making America sick to become a partisan football—where suggest the absence of a quorum. again. Republicans seem determined to we often see the hard work of legis- The PRESIDING OFFICER. The create chaos, not affordable care, for lating and oversight transcend party. clerk will call the roll. the American people. We saw it last Congress when, for in- The senior assistant legislative clerk Today, I would like to focus on the stance, Members of both parties came proceeded to call the roll. budget resolution on the Affordable together—and held together—on high- Mr. SCHUMER. Mr. President, I ask Care Act. I understand why the major- ways, on efforts to cure incurable dis- unanimous consent that the order for ity thinks they have to do it. Over the eases, and on providing TPA authority the quorum call be rescinded. past 8 years, they promised every to both the current President and the The PRESIDING OFFICER. Without group—conservative group and audi- next one. I hope we will see similar co- objection, it is so ordered. ence in the country, they would repeal operation on many issues to come. the law, ‘‘root and branch.’’ The American people are watching RECOGNITION OF THE MINORITY LEADER For a long time, it has been only a us. They are hurting. They are calling The PRESIDING OFFICER. The conservative fever dream. Republicans for a change in direction. It is now our Democratic leader is recognized. knew they could make extreme prom- united responsibility to move forward AFFORDABLE CARE ACT ises about replacing it with something with their needs and their priorities as Mr. SCHUMER. Mr. President, I better without ever having to consider our guide. apologize to my good friend the Repub- the consequences or even come up with Let me again welcome every new lican leader. I couldn’t be here for his a reasonable plan to replace it because Member of the Senate. I want again to remarks. I intended to be, but our they knew the Democrats or President congratulate the Democratic leader, President stayed longer and then I was Obama would ultimately block their and let me again acknowledge Presi- meeting with the Vice President-elect. attempts to roll back the law. dent-Elect Trump for an impressive I apologize for that. Now things are different. The con- victory. He heard the voices of Ameri- I also wish to recognize the distin- sequences of repealing the Affordable cans in every part of the country in guished majority leader and reiterate Care Act are real. I sincerely urge my ways others have not. He now carries a what I said yesterday: I sincerely hope, colleagues to deeply consider the con- heavy burden. just as I heard he hopes, that we can sequences. It is no longer just a game We will work with him to help the find common ground in the Senate. or a political line to say ‘‘repeal’’ be- American people feel confident again— While we at all times inevitably dis- cause now you have to replace. So far, confident in themselves and confident agree on the right way forward for our it has been 5 years of repeal, repeal, re- in their futures. country, I know he is a patriot who peal; not one replace plan has garnered

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.001 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S31 a lot of support even on the Republican cover people. Far more would be un- Johnson Perdue Sessions Kennedy Portman Shelby side of the aisle, let alone in America. done by this act of repeal in terms of Lankford Risch Sullivan What will it mean for average Ameri- fighting opioid abuse. Lee Roberts Thune cans if you repeal the law without any For all my deficit-hawk friends, your McCain Rounds Tillis viable replacement? Not just the 30 proposal causes a trillion-dollar hole in McConnell Rubio Toomey Moran Sasse Wicker million who might lose coverage right the budget—at least a trillion. My col- Murkowski Scott Young away—that is a staggering number, league from Washington thinks it many of them in very red and poor might be even higher, and I rarely NAYS—48 States and rural areas. What will hap- doubt her. What are you going to do, Baldwin Harris Nelson Bennet Hassan Paul pen to the overall marketplace if you deficit hawks, once you repeal and that Blumenthal Heinrich Peters rip away all the safeguards of the ACA hole in the budget becomes enormous? Booker Heitkamp Reed and have put nothing in its place? This is not conjecture. My Repub- Brown Hirono Sanders It doesn’t matter if you repeal and Cantwell Kaine Schatz lican colleagues would be wise to re- Cardin King Schumer delay, as some of my friends on the member how the American health care Carper Klobuchar Shaheen other side of the aisle call it, for 1 year system operated before health care re- Casey Leahy Stabenow or 2 years—however long. Folks will form. Health care costs were growing Coons Manchin Tester lose a lot of benefits, and the insurance Cortez Masto Markey Udall at a much faster rate than they are Donnelly McCaskill Van Hollen marketplace could fall apart long be- today, eating into workers’ paychecks Duckworth Menendez Warner fore repeal goes into place. As insurers and dissuading them from taking risks Durbin Merkley Warren raise their prices because they have to Franken Murphy Whitehouse and changing jobs lest they lose a good Gillibrand Murray Wyden with repeal, costs to the average Amer- coverage plan. A debilitating illness ican who has employer insurance will could wipe out a lifetime of hard- NOT VOTING—1 go up as well. My colleagues will own earned savings because there was no Feinstein that, just as we owned everything that cap on health care costs. Women were The motion was agreed to. happened previous to this election. charged more than men for the same f Let me tell you, if Republicans pull health coverage. It was outrageous. We the plug on health reform, on Medicaid, will go back to those days with repeal. CONCURRENT RESOLUTION ON and privatize Medicare, it could mean Many couldn’t get insurance if they THE BUDGET, FISCAL YEAR 2017 absolute chaos, not affordable care. It had a preexisting condition. Some in- The PRESIDING OFFICER. The would likely increase prescription drug surance companies would simply delete clerk will report the concurrent resolu- costs, premiums, and out-of-pocket you from their rolls if you got sick. tion. costs to American families—not, as I You want to go back to those ‘‘good old The legislative clerk read as follows: said, just for the families that got cov- days’’? A concurrent resolution (S. Con. Res. 3) erage on the exchanges but for all Today, because of health care reform, American families, even if you get in- setting forth the congressional budget for those things are no longer true. Health the United States Government for fiscal year surance through your employer. I re- care costs are rising much more slowly 2017 and setting forth the appropriate budg- peat that to America. Everyone who than before, and the uninsured rate is etary levels for fiscal years 2018 through 2026. has employer-based insurance and is the lowest it has ever been. I don’t The PRESIDING OFFICER. The Sen- not part of the ACA should worry think any American would want to go ator from Wyoming. about this repeal with no replace be- back to the health care world of yester- f cause their costs will go up, sure as we year where insurance companies wrote are here together. It would put insur- the rules and costs spiraled up un- RECESS ance companies back in charge. It checked, but Republicans seem all too would allow them to discriminate Mr. ENZI. Mr. President, I ask unani- eager to dial back the clock and make mous consent that the Senate stand in against individuals with preexisting America sick again. conditions. recess until 2:15 p.m. for the weekly Democrats are united in our opposi- policy lunches. We all know of people. Parents—their tion to cutting Medicare, to cutting kid has cancer. They would look for an There being no objection, the Senate, Medicaid, and to repealing health care at 1:21 p.m., recessed until 2:15 p.m. and insurance company. Oh, no, your son reform, and we will hold the Repub- has cancer, your daughter has cancer, reassembled when called to order by lican majority and the President-elect the Presiding Officer (Mr. ROUNDS). you can’t get it. What are our col- accountable for the consequences of re- leagues going to do about that one? No pealing health care reform. f answers yet. I doubt they have good I yield the floor. CONCURRENT RESOLUTION ON ones. It would cause premiums to sky- The PRESIDING OFFICER. Under THE BUDGET, FISCAL YEAR rocket. It would unravel the insurance the previous order, the question occurs 2017—Continued market. on agreeing to the motion to proceed. The PRESIDING OFFICER. The Sen- I would ask my colleagues before The yeas and nays have been ordered. ator from Wyoming. they jump into this repeal to talk to The clerk will call the roll. Mr. ENZI. Mr. President, I ask unani- their local rural hospitals. In my The senior assistant legislative clerk mous consent that the time be equally State, rural hospitals are a mainstay of called the roll. divided between the two sides during our rural economy. They are the larg- Mr. DURBIN. I announce that the est employer in many of our towns and quorum calls. Senator from California (Mrs. FEIN- villages. Remember, New York has New The PRESIDING OFFICER. Without STEIN) is necessarily absent. objection, it is so ordered. York City, but we are the third largest The PRESIDING OFFICER (Mr. rural State in the Nation, only behind Mr. ENZI. I suggest the absence of a PERDUE). Are there any other Senators quorum. Pennsylvania and North Carolina. In in the Chamber desiring to vote? The PRESIDING OFFICER. The those areas, merely repealing the ACA The result was announced—yeas 51, clerk will call the roll. and not doing anything else is going to nays 48, as follows: hurt those hospitals dramatically. In The senior assistant legislative clerk [Rollcall Vote No. 1 Leg.] fact, today, in 11 State capitals, rural proceeded to call the roll. hospitals—many of them in red YEAS—51 Mr. ENZI. Mr. President, I ask unani- States—protested a repeal of the ACA. Alexander Corker Flake mous consent that the order for the Barrasso Cornyn Gardner It could also exacerbate—I don’t Blunt Cotton Graham quorum call be rescinded. want to forget—the opioid epidemic by Boozman Crapo Grassley The PRESIDING OFFICER. Without ripping away coverage from 1.6 million Burr Cruz Hatch objection, it is so ordered. newly insured individuals struggling Capito Daines Heller Mr. ENZI. Mr. President, I ask unani- Cassidy Enzi Hoeven with substance abuse disorders. We Cochran Ernst Inhofe mous consent that for the duration of worked so hard in the Cures Act to Collins Fischer Isakson the Senate’s consideration of S. Con.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.004 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S32 CONGRESSIONAL RECORD — SENATE January 4, 2017 Res. 3, the majority and Democratic it to the President, while vowing to use One of the most disturbing parts of managers of the concurrent resolution, the budget reconciliation process to ad- this law is that Americans are now while seated or standing at the man- dress their colleagues’ concerns with paying more in taxes to pay for the agers’ desks, be permitted to deliver the Senate legislation. very health law that is driving up their floor remarks, retrieve, review, and Subsequent budget reconciliation insurance premiums. The law will sad- edit documents, and send email and legislation was passed by Democrats dle American households with $1 tril- other data communications from text and signed into law by President lion—$1 trillion—in new taxes and pen- displayed on wireless personal digital Obama. Combined with the initial alties over the next 10 years, unless assistant devices and tablet devices. health care bill, ObamaCare was cre- Congress acts. ObamaCare’s crushing The PRESIDING OFFICER. Without ated. regulations mean smaller paychecks objection, it is so ordered. Now, I share this brief history of for families, while holding back small Mr. ENZI. I further ask unanimous ObamaCare only as a reminder that, businesses from expanding and hiring consent that the use of calculators be while my colleagues will surely com- new workers. For every American, permitted on the floor during consider- plain about using the reconciliation ObamaCare has meant more govern- ation of the budget resolution. process to untangle the country from ment, more bureaucracy, and more The PRESIDING OFFICER. Without this unworkable, unpopular, and rules and regulations, along with soar- objection, it is so ordered. unaffordable law, they should remem- ing health care costs—along with soar- Mr. ENZI. Mr. President, today we ber they actually employed the exact ing health care costs. same procedure to secure the passage have a new Congress. Soon we will have It is time to lift the burdens and of ObamaCare. a new President. For the first time in higher costs this law has placed on all years, hardworking Americans will Recent headlines show the ObamaCare problem is only getting Americans. The Senate is poised to have their voices heard as we take the pass a repeal resolution that will set first steps to repair the Nation’s bro- worse and discourages people from seeking so-called coverage. Last Octo- the stage for true legislative relief ken health care system—steps to re- from ObamaCare that Americans have move Washington from the equation ber, at Bloomberg’s The Year Ahead Summit in New York, the CEO of long demanded, while ensuring a stable and to put control back where it be- transition in which those with insur- longs—with the patients, their fami- Aetna discussed the issues surrounding their decision not to participate in ance will not lose access to health care lies, and their doctors. coverage. The President’s health law has ObamaCare exchanges, saying: Let me repeat that. The Senate is pushed insurance markets to the brink As the rates rise, the healthier people pull poised to pass a repeal resolution that of collapse. Premiums for hardworking out because the out-of-pocket costs aren’t will set the stage for true legislative families are soaring, while patients’ worth it. . . . Young people can do the math. Gas for the car, beer on Fridays and Satur- relief from ObamaCare that Americans choices are dwindling. I urge my days, health insurance. have long demanded, while ensuring a friends on the other side of the aisle to Now, if you are young and healthy, stable transition in which those with face the facts that ObamaCare has ObamaCare has made it an easy choice insurance will not lose access to health failed to deliver on its core promises to opt out of health coverage. But if care coverage. This will allow us to and is hurting far more than it is help- you are not so fortunate—for those who move step-by-step on a new set of re- ing. must have coverage—it quickly be- I know our colleagues on the other forms, listening carefully to the advice comes a frightening reality. I have con- side of the aisle share our goal of a ro- of the millions of Americans affected stituents in Wyoming who have writ- bust health care system for hard- and to do our best to make sure that ten to me, with worry and concern working families, and I truly hope they we proceed wisely and do no harm. about their surging health insurance will work with us to find common Fortunately, America now has a premiums. I recently heard from a ground that delivers more choices and President committed to repealing young woman who is experiencing the lowers costs. I welcome the input from ObamaCare and moving toward a sys- worst of this law. She said: all the Nation’s lawmakers as we en- tem that offers more choices, lower deavor to listen to the American people Dear Senator Enzi, costs, and more individual control for I am writing with concerns specifically in millions of hardworking Americans. in this pursuit. But first, it is impor- the way that our country is heading in re- tant to remember how we got here so spect to healthcare services. The American people have endured a that the actions that we will be taking I am a 25 year old with no medical condi- lot under ObamaCare and its broken this year are considered in proper con- tions, I rarely need a doctor visit, however as promises. As a Presidential candidate text. I looked into the health insurance for me not so long ago, then-Senator Barack After the 2008 election, Democrats and my 8 month old son, also without health Obama, a Democrat from Illinois serv- controlled the Presidency and had a problems, I have found insurance to be in- ing here, promised Americans they credibly expensive. Based on the cost of our could keep their health plan if they majority in the House and a super- health care last year, which included a C-sec- majority in the Senate. This allowed tion and the birth of our son, our family liked it. Millions soon learned they Senate Democrats in 2009 to pass a would spend less on health care if we paid for couldn’t, and others soon wouldn’t. health care plan without any Repub- medical expenses out of pocket and did not This is because ObamaCare has dras- lican support, which is exactly what have health insurance. However, in order to tically reduced Americans’ choice of they did. House Democrats had ini- obey the law this is not an option. health care plans through a Federal tially approved a health care reform I have researched and calculated the most takeover of the insurance marketplace. cost effective health care option for our fam- bill with several important differences. In fact, the President’s promise that ily. We are looking at paying almost $800 a ‘‘if you like your plan, you can keep So congressional Democrats needed to month for our insurance, even with my hus- address these concerns in a conference band receiving insurance through work. This it’’ has proven to be one of many committee. But plans to iron out the is almost 1/3 of our family’s monthly income. unfulfilled and unattainable promises differences between the House and Sen- . . . Insurance is becoming a huge burden for of ObamaCare. ate versions were derailed in early 2010, our family. In Wyoming, we have seen the real when Democrats lost their filibuster- Now, that is the reality for many of impact of ObamaCare on our health in- proof majority with the Massachusetts our constituents across the country. surance market. Wyoming now only special election that resulted in plac- She is trying to do the right thing for has one health insurer in the individual ing Senator Scott Brown in the seat her family’s health, but the law is crip- market, both on and off the ObamaCare formerly held by the late Senator Ted pling them financially. Our answer exchange. Many States are experi- Kennedy. He had held that seat since must be to not ignore these problems. encing a similar issue of having insur- 1962. For many Americans caught up in ers leaving the exchanges entirely. So With the filibuster-proof majority ObamaCare’s tangled and expensive for Wyomingites, the Obama adminis- lost, Democrats in the House approved web of regulations, the situation is tration’s talking points about ‘‘choice’’ the Senate-passed health care bill grim and only getting worse by the were in the end just more empty prom- without any Republican votes and sent day. It is time to act. ises.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.007 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S33 Americans were also promised lower millions of hard-working Americans and I hope that in the course of this de- health care costs, but even the admin- whose experiences with ObamaCare bate, the American people will see the istration admits that ObamaCare is have meant broken promises, higher very profound differences we have not failing to address costs, with average costs, and fewer choices. only on health care, not only on tax premiums rising by 25 percent for sil- This is the budget resolution we are policy, not only on the deficit, but on ver-level plans on the Federal ex- debating now. As far as the budget part many other important issues. change. That is in 1 year. This means of it, all this is, is a statement of where What we are looking at right now is that families have to decide whether to we are at the moment. This budget a budget process whose ultimate goal is purchase unaffordable insurance or to went into effect last October. It has to remove health insurance from tens pay a fine. In most cases, they are lit- been changed a few times in the mean- of millions of Americans. Let’s be erally paying more money for less con- time, and this is a reflection of the clear. Today, the United States of trol over their health care. changes that have been made up to this America is the only major country on Health care costs in Wyoming con- point. Earth that—I live 50 miles away from tinue to be among the highest in the The difference is in title II, which is the Canadian border. Many of us have Nation, with other States not far be- where the reconciliation can take visited Europe. We are the only major hind. ObamaCare’s mandates and taxes place. You will notice that it is a very country on Earth that does not guar- on employer-sponsored health plans are simple title. There is not much to it. It antee health care to all people as a not only leading to higher out-of-pock- requires that the Committee on Fi- right. It is something I passionately et expenses but also to fewer choices nance of the Senate shall report believe in. I believe that health care and fewer services for the 150 million changes in laws within its jurisdiction for all is a human right. I had hoped we Americans with employer-sponsored to reduce the deficit by not less than $1 would work together to figure out what health benefits. Let me repeat that: billion for the period of fiscal years is a complicated issue as to how we can The mandates and taxes on employer- 2017 through 2026. The Committee on move forward to guarantee health care sponsored health plans are not only Health, Education, Labor, and Pen- to all people in a cost-effective way, leading to higher out-of-pocket ex- sions will report changes in laws with- but that is not what we are debating penses but to fewer choices and serv- in its jurisdiction to reduce the deficit today. ices for the 150 million Americans with by not less than $1 billion for the pe- Let’s be very clear. The Republican employer-sponsored health benefits. riod of fiscal years 2017 through 2026. plan—their budget plan—lays the According to the nonpartisan Kaiser There is no specificity in this as to how groundwork for ending the Affordable Family Foundation, individual employ- the reconciliation will take place. That Care Act, which will remove tens of ees who have job-based insurance have is up to the Finance Committee and millions of Americans from the health seen their out-of-pocket expenses climb the Health, Education, Labor, and Pen- insurance they get. There is nothing by hundreds of dollars year after year. sions Committee on the Senate side wrong with change. We can always im- Employees working for small busi- and the Energy and Commerce Com- prove. nesses now have deductibles of over mittee and the Committee on Ways and I hope that during the course of this $1,800 on average. Since ObamaCare be- Means on the House side to come up debate, my Republican friends who came law, several large employers have with the reconciliation bill, which has want to repeal the Affordable Care Act stopped offering benefits to part-time to pass a lot of Senate rules in order to will come down and tell us what their employees altogether. be done, but you will notice that there plan is, how, in fact, they are going to Over the past 50 years, our Nation isn’t any specificity in here on how to provide quality, cost-effective health has made great strides in improving do that. care to all Americans. Well, you know the quality of life for all Americans, That comes later. That will be an- what. They all voted against the Af- but these transformative changes are other budget debate we will have, but fordable Care Act. Senator ENZI is always forged in the spirit of bipar- it sets the stage so that can be done. right—we did not get one Republican tisan compromise and cooperation. Hopefully, it will be done quickly and to vote for it. They have had 8 years to These qualities are essential to the we will be able to find solutions for the think about how they are going to success and longevity of crucial pro- hard-working Americans whose experi- come up with a new plan, and I would grams such as Medicare and Medicaid. ences with ObamaCare are broken hope but I do not expect one Repub- This is a crucial time for health care promises, higher costs, fewer choices. I lican to come to the floor and say: Oh in America. We do not have the luxury hope our Democratic colleagues will yeah, we are going to throw 20, 30 mil- of ignoring the growing problems in join us in this effort so that we can lion people out of their health insur- the health insurance markets and the come up with solutions so that Ameri- ance. This is our new plan. This is how crushing premiums faced by families cans can afford the insurance they we are going to provide health care to across our country. That is why we are want and need. those people. doing this first. The failures of I remember when we started this de- They have no ideas. Their theme is to ObamaCare have metastasized since its bate, I think there were 30 million peo- repeal and then delay. Someday they passage. ple uninsured. Today, I think there are are going to come up with a new plan. We must act now to repeal 30 million people uninsured. It is a dif- You don’t destroy a house without hav- ObamaCare and provide relief to the ferent 30 million, though: The 30 mil- ing another house in which people can millions of Americans who have been lion who couldn’t get insurance now live. You don’t throw 30 million people harmed by this law. Relief will require have insurance, and 30 million people off of health care without having a a stable transition period, which en- who had insurance now can’t afford plan to provide health care to those sures those with coverage today con- their insurance. It is time for us to people. tinue to have access to health care to- take care of both 30 millions and not Under the Republican proposal— morrow. Unwinding this tangle of par- just one. We will have that opportunity something many Republicans have tisan gridlock to make meaningful if we pass this concurrent resolution to been talking about for years—they changes will not be easy. Our goal is to fix ObamaCare. want to end Medicare as it presently create a health care system where I yield the floor and reserve the re- exists, a program that is life-and-death Washington makes fewer decisions and mainder of my time. for millions of seniors. They want to families are empowered to control The PRESIDING OFFICER. The Sen- voucherize Medicare, give people a their own health care with more ator from Vermont. check, and then let them go to the pri- choices and lower costs. Mr. SANDERS. MIKE ENZI, the Sen- vate insurance market and get the best This is where we find ourselves ator from Wyoming, is a friend of mine. deal they can. today. Congress and soon the new He comes from a beautiful rural Imagine that you are an 85-year-old President will be in a position to begin State—Wyoming. I come from a beau- senior citizen who has been diagnosed the process of repealing ObamaCare. tiful rural State—Vermont. That is with cancer and you get your check for Passing this resolution is just the first probably the end of our commonality. whatever it may be. We don’t know step on a path to repair health care for We look at the world very differently, what it will be—$7,000, $8,000, $9,000.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.008 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S34 CONGRESSIONAL RECORD — SENATE January 4, 2017 You go to the insurance company and of 1 percent owns almost as much They want to cut Medicare. They want you say: I have $9,000. I am 85. I have wealth as the bottom 90 percent, when to cut Medicaid. Mr. Trump was right, been diagnosed with cancer. I want you the top 1 percent is earning 52 percent and millions of people voted for him on to take care of me. Give me an insur- of all new income, go out and ask your the belief that he would keep his word. ance program that will take care of my constituents whether we should give Well, it seems to me that Mr. Trump medical needs, my hospital needs. huge tax breaks to the top 2 percent, right now has to do one of two things. The insurance agent will laugh in and they don’t think that is a good No. 1, if all that he was talking about your face because $9,000 or $8,000 will idea. was campaign rhetoric, then what he is last you, at most, for 1 week. According to a poll released this obliged to do now is to tell the Amer- That is their plan. month by POLITICO and Morning Con- ican people: I was lying. Yes, I said I have been all over the country, and sult, 80 percent of the American people that I would not support cuts to Social right now the American people are out- think the Federal Government should Security, Medicare, and Medicaid, but I raged at the high cost of prescription be spending more money on Medicare. was lying. It was a campaign ruse. I drugs in this country—let’s be clear— Only 10 percent think we should be just said what came to my mind to get because of the power of the pharma- spending less. Seventy-one percent of votes. I have no intention of keeping ceutical industry and their lobbying the American people think we should my word. If that is what he believes, if and their campaign contributions—a be spending more on Medicaid. that is what the case was, let him come power that exists, by the way, not only So 84 percent of the American people forward and say that. But if that is not influencing Republicans but too many think the Federal Government should what the case is, if he was sincere, then Democrats as well. We pay the highest be spending more on Social Security. I would hope that tomorrow or maybe prices in the world for prescription In other words, the proposal we are see- today he could send out a tweet and drugs. In fact, one out of six Americans ing from the Republicans today is way, tell his Republican colleagues to stop who goes to a doctor to get a prescrip- way out of touch from where the Amer- wasting their time and all of our time tion for an illness cannot even afford to ican people are. and for Mr. Trump to tell the American fill the prescription. Yet, under the Re- There is another issue out there that people that he will veto any proposal publican proposal, if you eliminate the I find extremely interesting. Senator that cuts Medicare, that cuts Medicaid, Affordable Care Act, the doughnut hole ENZI mentioned—and, of course, he is and that cuts Social Security. What we fix, which now helps seniors pay for right—that within a couple of weeks are talking about right now—let us be their prescription drugs, will be elimi- we are going to have a new President. clear: no debate. That is exactly what nated and prescription drugs for sen- Donald Trump will be inaugurated as this goal is. That is what this budget iors could rise by as much as 50 per- President, and it is interesting that we proposal is. It is to move toward the cent. listened to what Donald Trump said voucherization and privatization of By the way, at a time when we have during the campaign. The Democrats Medicare, to make massive cuts in more income and wealth inequality heard what he had to say during the Medicaid and throw millions of people than any other major country on campaign, what he campaigned on, and off health insurance. Earth, when the very rich are getting more importantly, Republicans, lis- So there is a lot of responsibility on richer while the middle class shrinks, tened and heard what their leader had Mr. Trump’s shoulders, but I would the Republican proposal not only to say about these issues. This is what hope that he could save us a whole lot throws 20 to 30 million people off of Donald Trump said, and he didn’t say of time by telling the American people health insurance, not only raises the it once in the middle of the night. He that he was sincere in what he said price of prescription drugs for seniors, didn’t say it in an interview. This was during the campaign, that he was not not only moves forward to privatize a central part of his campaign. This is lying. If that is the case, we can end Medicare, but, shock of all shocks, our what he asked millions of elderly peo- this discussion, get into the serious Republican colleagues want to give ple and working-class people to vote business of how we create a quality massive tax breaks to the top 2 per- for him on. These are the principles health care system guaranteeing cent. that Donald Trump ran and won the health care to all people in a cost-effec- Among many other negative impacts Presidency on. On May 7, 2015, Donald tive way. that the repeal of the Affordable Care Trump tweeted: ‘‘I was the first and With that, I yield the floor. Act will have will be one that will im- only potential GOP candidate to state The PRESIDING OFFICER (Mr. pact heavily rural States, such as Wyo- there will be no cuts to social security, TOOMEY). The Senator from Texas. ming, Vermont, and other rural States Medicare and Medicaid.’’ On April 8, Mr. CORNYN. Mr. President, there around this country; that is, as a result 2015, Mr. Trump said: ‘‘Every Repub- has been a flurry of activity this week of the repeal of the Affordable Care lican wants to do a big number on So- with the beginning of the new year and Act, rural hospitals could be forced to cial Security.’’ That is not BERNIE the beginning of a new Congress—the close their doors—not getting the fund- SANDERS talking; that is Donald Trump 115th Congress—and we have a lot of ing they need—leaving millions of talking. work to do. Americans with nowhere to turn for They want to do it on Medicare, they want This election that we just went critical medical care. to do it on Medicaid and we can’t do it. It is through on November 8 was surprising I look forward to this debate. Nobody not fair to the people that have been paying in many ways, gratifying in many here thinks the Affordable Care Act is in for years. ways. Personally, I think the best perfect. Nobody believes that at all. That is not BERNIE SANDERS—Donald thing about it is that it gives us an op- The goal is how we repair it, how we Trump, our soon-to-be President. portunity to start anew, to deal with improve it, how we expand health care On March 29, 2016, Mr. Trump said: the problems that the American people to more Americans, how we end what You know, Paul [Ryan]— were, frankly, not all that happy with has been the case for decades in this PAUL RYAN is the Republican Speak- either of the political parties about in country—that we pay, by far, the high- er of the House— terms of the solutions that we were to est prices in the world per capita for wants to knock out Social Security, knock offer. I would hope that it would also health care. Maybe we should under- it down, way down. He wants to knock Medi- give us an opportunity to hit the reset stand that we are the only major coun- care way down and frankly . . . you’re going button when it comes to working to- try in the world that allows private in- to lose the election if you’re going to do gether to try to find political con- surance companies to profit off of peo- that. I am not going to cut it, and I am not sensus to solve some of these big prob- going to raise ages and I am not going to do ple’s illness. all of the things they want to do, but they lems. The proposal being brought forth by want to really cut it and they want to cut it I mentioned yesterday our friend, the the Republicans is not only poorly very substantially, the Republicans, and I chairman of the Budget Committee, thought out, it really is not popular. It am going to do that.’’ and his 80–20 rule, which I told him I is not what the American people want. What Mr. Trump said was exactly have used time and again to make the Go to your hometowns and ask peo- right. Here are the ‘‘they.’’ This is the point that just because you disagree on ple—at a time when the top one-tenth day. They want to cut Social Security. some things doesn’t mean you can’t get

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.011 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S35 anything done. To the contrary, people So instead of helping rural Texans— the opportunity to govern in the ma- of widely divergent ideological, philo- the Senator from Vermont talked jority, with a President in the White sophical, and political beliefs can work about rural residents in his State—I House who will work with us, I believe together by simply trying to find com- would submit that for people living in we have a clear mandate to repeal this mon ground. That is possible. That, in rural areas across the country, the im- terrible law and make it a relic of the fact, is the way our Constitution cre- plementation of ObamaCare hurt most past. We will do that by adopting the ated our government to force us to do of our rural country by dwindling the budget resolution submitted by Chair- that, because what we decide here im- number of choices to one health care man ENZI of the Budget Committee. pacts a lot of people—well over 300 mil- option for the year. That sounds like It is not just Republicans who have lion people in the United States alone. the opposite of more choices and better pointed out the defects of ObamaCare. But if there was one consistent com- coverage to me. But we can’t forget Many of our Democratic colleagues plaint that I heard from my constitu- that behind these numbers and head- have pointed out the law’s failed prom- ents back in Texas and that we heard lines are real personal consequences for ises as well—from an op-ed entitled in the national media and beyond, it is families across the country. ‘‘How to fix the Affordable Health Care about the failure of the promise of So today I want to provide just a Act,’’ which was written by a Demo- ObamaCare. We made a solemn com- snapshot of some of the thousands of crat, to statements on the Senate mitment to the American people that letters that I received in my office floor, to legislation introduced to ‘‘fix if they provided us with the majority about ObamaCare and the burdens that the glitch.’’ Even in campaign ads, we needed to do it and if they provided it is placing on the backs of the people many of our Democratic colleagues us a President who would sign it, we I represent in Texas. One Texan wrote have themselves been outspoken advo- would repeal ObamaCare and we would telling the story that I have heard time cates for changing ObamaCare. The replace it with affordable health care and again. She said her insurance plan senior Senator from Missouri, pointing that would be of their choosing, as op- was discontinued—so much for ‘‘if you out the ‘‘huge problem ObamaCare has posed to a top-down mandate, a one- like what you have, you can keep it.’’ been in her State’’ came up with an en- size-fits-all, which is the failure of But she did what she had to do, and she tire list of necessary changes. I, for ObamaCare. switched to a more expensive plan—one one, would be happy to start with her In a previous life, I was attorney gen- with a higher monthly payment and list and say let’s try to use this as a eral of my State, the State of Texas. one with an $11,000 deductible. What core of issues that we can then try to We had a huge division of trial lawyers good is health insurance if you have to build consensus around to begin to called the consumer protection divi- spend $11,000 out of your own pocket make that replacement and make it on sion. What we did is we sued people before the insurance begins to kick in? a bipartisan basis. who committed consumer fraud—peo- It is nearly worthless. We have seen that attempted fixes, ple who promised one thing but deliv- Well, nothing about that says afford- unsupported by the Obama administra- ered another. I can’t think of a bigger able health care. Unfortunately, this tion and vastly insufficient, contin- case of consumer fraud than individual is like many folks across the ually have been met with frustration ObamaCare, which was sold under false country, full of questions and with no- by Democrats and Republicans. I point- pretenses: If you like what you have, where to turn to find any relief for ed out yesterday that when the Demo- you can keep it. If you like your doc- their families or their small business. crats voted through ObamaCare, they tor, you can keep your doctor. If you Another one of my constituents had had 60 votes. They had 60 Senators. are a family of four, your premiums a similar complaint. He wrote to me Today they have 48. will go down by an average of $2,500. that he was searching for yet another At one point, certainly back in 2009 None of that has proven to be true. health insurance plan for the third and 2010 when ObamaCare passed, they The reason why ObamaCare is so un- time in as many years after his was had a majority in the House of Rep- popular is that people have seen their canceled. He went on to highlight this resentatives. Well, they lost that. Now premiums skyrocket. People have seen in this letter, which I received from a they have lost the White House itself. I their deductibles grow to the point constituent on November 23, 2015. He just don’t know how much longer, how where they are effectively self-insured, said: much more needs to be said or done for which is not having insurance at all. I seem to remember the President saying them to get the message that this is Many people have simply seen insur- something about liking your insurance and not working because I believe they are ance companies pull out of the insur- being able to keep it. For myself and my paying a political price for it as people ance market, leaving them with little family, it has been just the opposite. We are searching for accountability for or no choices in terms of where to buy loved our insurance prior to the passage of what they have to deal with day in and their health care. the Act and since have been forced to pur- day out. So many remember the PR campaign chase much more expensive insurance with The senior Senator from Indiana said of the President and Democrats, with much higher deductibles. that he supported the Affordable Care which they sold ObamaCare to the Well, this Texan is right, but unfor- Act to help working and middle-class American people, and, as I said, prom- tunately, his experience was not iso- families have access to health care, but ised better coverage, more choices, and lated. It was shared by millions of peo- he said that doesn’t mean the law is lower prices. ple across the country for whom perfect, and it doesn’t mean we don’t That means now that ObamaCare has ObamaCare was a false promise. It is still have work to do. failed to deliver that. It is incumbent not as if he had the freedom to choose. I was delighted to hear the Senator on us to try to repeal it, which we will The choice was made for him, and this from Vermont, Mr. SANDERS, say he do, and to replace it with more afford- was the fundamental flaw of agrees ObamaCare is not perfect. My able coverage that people will choose ObamaCare. In a country as big and di- request of him and others is to work and that fits their needs better. The verse as ours, this notion of ‘‘one-size- with us to try to replace it with some- bad news of ObamaCare picked up fits-all’’ and that somehow the people thing better. throughout last summer into the fall. who live and work inside the beltway I recognize that neither side is going As I mentioned, insurance companies are smarter than the rest of us and we to be able to get everything they want. were losing money and were unable to can figure out what is good for them That is just not the way this place operate and deliver health care under and a choice they would not them- works. Indeed, the single failure of the the tight grip of ObamaCare. But the selves make is just simply implausible. Obama administration is to try to do real losers weren’t the insurance com- It is not true. This constituent ended things on a go-it-alone basis because panies. It is the tens of thousands of his letter by asking the Congress: we are going to see those Executive or- Texans who were forced to find new in- Do anything. Do anything within your ders that he issued unilaterally re- surance at higher prices—not insurance power to reverse this terrible health care scinded on the first day President- they would have chosen on their own, trend. I need relief. Elect Trump takes office. All the mas- but which they were forced to accept After this historic election, after the sive regulations that have been issued, because there was no alternative. promises we made that have given us we are going to use the Congressional

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.013 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S36 CONGRESSIONAL RECORD — SENATE January 4, 2017 Review Act to rein those in or to try to do better, and shame on us if we 3:30. By 4 o’clock we could put together defund those through the appropria- can’t do better than ObamaCare with a group of people. I am sure our distin- tions process. In order for legislation all of its failed promises. guished Democratic leader on the and policy to be sustainable, it is going By repealing ObamaCare, Congress is Budget Committee would be happy to to have to be bipartisan. I realize our doing more than just delivering on a sit down and work together on ways to Democratic colleagues are dis- promise we made to the people who put make health care reform better and appointed with the outcome of the us here. We are providing a way for- make health care more affordable and election on November 8. That is an un- ward for millions of people across the make it more available to people. If derstatement. At first they started out country who have been hurt by that is what we want to do, count us in denial: It just can’t be true. The ObamaCare and are looking for relief. in, but that is not what we are talking next stage was met with anger. Well, I look forward to making ObamaCare about here. We are talking about this they are angry about it, and they are and the many burdens it has placed on crazy idea that no one in their real life going to obstruct everything the new American families a thing of the past would do. majority, working with the White in this new year. That is what we will It is like deciding you want a new House, tries to do, but I would hope do when next week we pass this budget house, so you tear down the old house. they would move past that denial and resolution, and then reconciliation in- That is the easy part. Then your fam- past that anger and do what the Senate structions will be sent to the relevant ily is homeless. Then you say: Well, was always designed to do; that is, to Senate and House committees. They gosh, you know, maybe I better have a work on a bipartisan basis, as our will then report back with the replace- plan to get a new house for my family friend and colleague from Wyoming ment, and, yes, it may take some time and figure out a way to pay for it, to be demonstrated to us working on the to transition into that replacement be- able to afford it. Health, Education, Labor, and Pen- cause it has taken us 6 years to get Nobody would do that. Nobody would sions Committee with the liberal lion into the mess, into the ditch we find start by saying: We are going to rip of the Senate, Teddy Kennedy. Let’s ourselves in now. When your truck or apart the entire health care system try the 80–20 rule and see how it works. car is in the ditch, the first thing you and create chaos. We are going to un- It will work. need to do is get out of the ditch. dermine Medicare. We are going to un- The senior Senator from West Vir- Sometimes that takes a lot of hard dermine Medicaid. We are going to ginia, Mr. MANCHIN—this is another work. take away patient protections for ev- Democrat—has said he would vote to We are going to have to work as hard erybody who has insurance through repeal ObamaCare. He said that we as we can. I would hope our colleagues their employer, and then we will figure should be working together to identify will work with us, not just to resist for out later what we are going to do to re- which parts of the law are broken and resistance’s sake, not just to take a place it, if anything. need to be fixed. We may learn that partisan position because they feel I know there is a division on the Re- some parts of the law can’t be repaired they are required to do so because of publican side. Certainly Members in and we should eliminate those parts their allegiance to the policies of the the House don’t think it should even be entirely. This is our Democratic friend Democratic Party. Let’s do what this replaced at all. and colleague from West Virginia, Sen- institution has always been best known It is interesting. We are talking ator MANCHIN. for; that is, to try to find some way to about one-sixth of the economy that I think that is a great place to start work together on a step-by-step basis would be destabilized. There is no ques- because no matter which side of the to produce reform which will make tion that if you do a repeal and insur- aisle you sit on, you can see the Afford- health care more affordable and still ance companies don’t know what is able Care Act is not working, certainly preserve those choices for individuals coming—I have talked to hospitals, and not as sold to the American people. and their families, not a one-size-fits- they don’t know what is coming—be- The choice of the Democrats now is all government mandate which simply havior will begin to change. Rates will whether to obstruct or whether they has failed in this tragic experiment begin to go up. Different decisions will will actually work with us, as we known as ObamaCare. We can and we be made because, as businesses, they should have done in the first place, to will do better. will not know how to plan. Their inves- come up with something more sustain- I yield the floor. tors will not know how to plan. able that would address costs and pre- The PRESIDING OFFICER. The Sen- There is no question about it. When serve individual choice. ator from Michigan. you repeal without creating certainty It is interesting. It is not just our Ms. STABENOW. Mr. President, first in the marketplace, you begin a proc- Democratic colleagues, many of whom let me comment on what my friend, ess that results in chaos. voted for ObamaCare. I remember dur- the distinguished Senator from Texas, We have an interesting example, one ing the Presidential campaign that said. If my car goes into a ditch, the that I have been involved with for a lot former President Bill Clinton made first thing I don’t do is dismantle the of years, where we wanted to change some pretty interesting comments. car. That doesn’t help me get anywhere just one piece of the health care sys- This would have been on October 5, in terms of transportation. tem, the reimbursement system for 2016. I am reading from a CNN story First of all, let me speak on process doctors. here. It said: before talking about the substance of I was in the House when they passed Speaking at a Democratic rally in Flint, what we are really talking about and Medicare changes. We put in place a Michigan, the former president ripped the how it affects people. We have a bill in new policy. We were going to write a Affordable Care Act (ACA) for flooding the front of us that creates a process for new policy to reimburse physicians for health care insurance market and causing the majority to be able to unravel and quality instead of quantity. It makes premiums to rise for middle-class Americans repeal essentially our whole health who do not qualify for subsidies. sense. It took 18 years to get agree- care system. You pull a thread and it ment. We got agreement last year. It Here is what he said: goes through not only employer-based doesn’t even take effect for 4 years. So you’ve got this crazy system where all care, patient protections, people who Everybody here knows about this of a sudden 25 million more people have health care and then the people who are out have insurance, Medicare, Medicaid. thing called the doc fix. It is an inside there busting it, sometimes 60 hours a week, All of it begins to unravel. Interest- term—or SGR, which is even more in- wind up with their premiums doubled and ingly, also in this bill, in the text it sider. The truth is, we were trying to their coverage cut in half. It’s the craziest adds $1 trillion to the deficit—$1 tril- change just one thing and could not get thing in the world. lion to the deficit in the bill that our agreement to do it for 18 years. Former President Bill Clinton said colleagues just voted to proceed to Anyone who thinks that there is that in Flint, MI, on October 5, 2016. pass. going to be a repeal without an ACA He is right, but that is what you get We need to be very clear on this: If extender going on has not looked at when you try to do things in a par- colleagues want to work with us to fix past processes. tisan, unilateral fashion. We should problems and improve health care, we What is most important, though, is learn from our collective mistakes and can start this afternoon. It is almost what this means to real people. This

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.015 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S37 really is about a plan of ripping apart these children and insurance compa- was in the process of being closed. If the health care system. There is noth- nies can’t put caps on how much they you have a lot of medicines and a lot of ing in its place immediately so we will pay or how many treatments. Now costs, you suddenly get to a point don’t even know what will be coming. there is a whole other range of protec- where there is a gap in coverage and This is going to make America sick tions for everybody. you have to pay the full cost. That again. One of the fights I was proud to lead goes away and the doughnut hole We are talking about a process and a in the Finance Committee when we comes back. plan that for real people is not a polit- passed the ACA was to make sure that What we did added 12 years of sol- ical game. It is not smoke and mirrors. the basic insurance package every vency to the Medicare trust fund to It shouldn’t be about politics. It is company has to provide has to include keep it strong longer. That goes away. about the moms and dads who go to maternity care. That seems like a no- Wellness visits for seniors—every year bed at night and say: Please, God, don’t brainer. People were shocked that it they are able to go in and get a phys- let the kids get sick. Now, many of didn’t. Before we passed health reform, ical without a copay—that goes away. them—close to 30 million counting ev- 70 percent of the insurance compa- So Medicare is undermined. Then, un- erybody with new coverage—don’t have nies—the policies you buy in the pri- fortunately, when you add the incom- to say that. They can say a different vate market didn’t include maternity ing nominee as Secretary of Health and kind of prayer because they can go see care. In fact, women were viewed as Human Services and couple that with the doctor. having a preexisting condition because the proposals that the Speaker has had We know that when you unravel that they might get pregnant, might have a and others that I am sure we are going system with nothing responsible in its baby. That is not true anymore. to see to turn Medicare into a vouch- place, we are talking about making Women are not rated differently than er—you go into the private market. America sick again. We want afford- men, and maternity care is now avail- Here is your voucher. Good luck. That able care, not chaos. This plan goes able regardless of the kind of insurance is part of what the new regime is pro- from affordable care to chaos. We talk you have. That is a pretty good deal. moting, which only adds to this. about some parts of what we passed in Right now I have a son and a daughter Eighty percent of Medicaid spending health reform, but there are a lot of with growing families, and I can tell is seniors in nursing homes. And we things we don’t emphasize that I think you that is a very big deal in my fam- know that the majority of those who— are important to recognize in this de- ily. many who have gotten care, in addi- bate. There is a whole range of things. We tion to the exchanges, have been folks First of all, what we pass in terms of all know about young people who are who have been working hard every sin- changes in quality care affects every able to stay on their parents’ insur- gle day in minimum wage jobs and who single American with health insurance. ance. They get out of college and they couldn’t afford or find insurance be- A lot of people in my State are fortu- are wrestling with a huge debt, and one fore. Now they are covered if their nate to have employer-based insurance. thing they don’t have to worry about is State or their Governor is willing to do We have a lot of folks at the collective whether they can stay on their parents’ that. We have a whole bunch of folks bargaining table fighting every year to insurance until they can find a job. who are working hard every day at make sure they keep their insurance— That goes away with repeal. minimum wage who at least know they 150 million people across the country. Something I care deeply about is have access to health care and a doc- All of them have benefited from the pa- mental health. We have all worked to- tor. tient protections we put into health re- gether on opioids and substance abuse Interestingly, this helps our hos- form. When we take those away, then treatment. Because of what we did in pitals, whether they are rural hospitals immediately the insurance companies health care reform, insurance compa- upstate or up north in Michigan or will be back in charge. If you get sick, nies cannot discriminate if it is mental whether they are our great urban hos- you can get dropped. Right now they health or substance abuse treatment pitals, safety net hospitals in Detroit can’t do that. If you are sick or if your rather than physical health treatment. and other areas, instead of people child is sick, right now you can’t be Prior to what we passed, they could walking into the emergency room and blocked from buying insurance. We call charge much higher copays, higher pre- not having insurance and having the it a preexisting condition. But before miums, but not anymore. So the whole cost put on everybody who does. Be- health reform, insurance companies body—above the neck as well as below cause of the Medicaid expansion, when were doing that every single day—a the neck—is now being treated equally a working person comes in with Med- child with juvenile diabetes, someone with our insurance reforms. icaid, they are able to pay for their with cancer or Alzheimer’s disease. So there are a multitude of things— own care rather than having everybody I think about a very good friend of preventive health services with no else with insurance carry the brunt of mine who just found out her grandson copays, such as cancer screenings for that, which is the way it was prior to has leukemia. He is 2 years old. He is mammograms and contraception. I was that. going through treatment. We pray he is talking to someone who said she So there are Medicare and Medicaid going to be able to get through it suc- thought it was so wonderful that her cuts. cessfully. He is going to have a pre- drugstore wasn’t charging her for Next, we do know that altogether, existing condition for the rest of his copays anymore on her contraception. counting Medicaid and people using the life. With this repeal, there is no guar- I said: Well, you know, that is actually new exchanges, we have about 30 mil- antee he will ever be able to get insur- the law. That was changed when we lion people who will be kicked off of ance. On top of that, if he has to have passed the Affordable Care Act. their insurance, folks who, like any- treatments that go on for some period So there is a whole range of things body else, want to have health insur- of time, caps will be reinstituted on the that relate to reviewing premium in- ance for their families. Can we design amount of care you can get, the creases, if you get removed from your that in a better way? I would love to amount of treatment per year, dollar insurance, you have the right to ap- work with you on that. I am not going amount, or amount of visits you can peal. There is a whole range of things. to kick them off first. I don’t want to get, and there is no guarantee that this So that is under the first step. Every- say: We are going to rip your insurance little boy will be able to get the treat- body will feel it when insurance com- away. We are going to rip the small ment he needs so that he can live a panies are back in charge and, through businesses I have talked to—rip their healthy, successful life going forward. this vote and the subsequent actions, insurance away. And then, by the way, In talking with pediatric cancer doc- patient protections are repealed for ev- don’t worry, further down the road we tors a couple of weeks ago, it was so erybody. will figure out something else. We amazing and gratifying to me to hear Secondly, this includes cuts in Medi- don’t know what it is, we don’t know them talk about children whose lives care and Medicaid. Through what we what it will cost, but trust me. have been extended, whose quality of did in health reform, we closed the gap I wouldn’t be trusting that would life has been extended because of the on the high costs of prescription drugs. happen if I were counting on that for fact that they are able to fully treat We called it the doughnut hole. That my insurance.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.016 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S38 CONGRESSIONAL RECORD — SENATE January 4, 2017 The fourth item is that there is no Mr. SANDERS. I want to thank my riod. According to the hospital associa- question that costs will go up by desta- colleague for her very thoughtful pres- tions, rural hospitals will suffer an ad- bilizing the marketplace. We know the entation talking about the implica- ditional loss of $289 billion from their cost of prescription drugs will go up as tions of simply repealing ObamaCare. inflation updates. a result of taking away the extra help The assumption that many of my col- This is a report from the Federation for prescription drugs. There is no leagues seem to start from is that be- of American Hospitals and the Amer- question that costs are going to go up fore ObamaCare, the health care sys- ican Hospital Association, major for everybody else who has insurance. tem was great in America, that every- health care institutions in America. When we look at this, I don’t know body had health care in a cost-effective They said in their report: ‘‘This rever- how anybody looking at this outside of way and then ObamaCare came along sal of health coverage would represent a political lens or a rigid ideological and all of these problems arose. an unprecedented public health crisis.’’ lens could say this makes any sense. It What the Senator from Michigan just Furthermore, they said: ‘‘The mag- doesn’t make any sense. told us—and I want people to remem- nitude of reductions would threaten We have a President-elect who is ber it—8 years ago, if you were diag- hospitals’ ability to serve patients.’’ coming in who said that he would not nosed with cancer and you walked into So when we talk about the needs of do anything to hurt Medicare or Med- an insurance company, they would say: rural Americans, I would hope my col- icaid or Social Security. Yet the first Why would we give you insurance? We leagues listen to what the Federation thing on the floor definitely under- will lose money on you. Your cancer of American Hospitals and the Amer- mines Medicare and Medicaid. We have may recur. ican Hospital Association have to say. a President-elect who said he wants to You are a woman and you want ma- With that, I yield the floor. bring down the cost of prescription ternity coverage? What do you think is The PRESIDING OFFICER. The Sen- drugs. Yet, by undermining Medicare going on? Why should we do that? ator from Kentucky. Mr. PAUL. Mr. President, the more prescription drug coverage, those You are a family with a kid who is 21 things change, the more they seem to prices are going to go up. People who years of age and you want his insur- stay the same. Republicans won the have the most medical needs and need ance on your policy? Well, you couldn’t White House. Republicans control the the most medicine are going to see have it. I think what the Senator from Michi- Senate. Republicans control the House. their costs go up. What will the first order of business be What would be better would be if the gan pointed out is not that anyone for the new Republican majority? To new incoming HHS Secretary would be thinks the Affordable Care Act is per- pass a budget that never balances, to given the ability to negotiate through fect—nobody thinks it doesn’t need im- pass a budget that will add $9.7 trillion Medicare for prescription drugs—some- provement. But to simply throw out all of the benefits, for 30 million people to of new debt over 10 years. thing we have all fought for, for a long Is that really what we campaigned be thrown off of health insurance—dur- time. Let’s allow drug reimportation. on? Is that really what the Republican ing the budget hearings a couple of Our leader on the budget—and I have Party represents? as well—put seniors on buses in the years ago that Senator ENZI chaired, I Our first order of business will be a past to demonstrate the differences in asked a question of my colleagues budget that never balances, a budget cost across the bridge between Windsor when this idea came up, and I would that adds $9.7 trillion to the debt, and and Detroit, the cost of the same drug, ask it again to my good friend from they tell us: Oh, but it is not a budget. with the very same safety provisions. Wyoming. What are the studies you If you listen, they will say: No, no, it is That would bring down costs. Taking have seen in terms of the number of a vehicle to repeal ObamaCare. away Medicare coverage and increasing people who will die when they lose Yet I have the title in front of me, the gap in coverage is exactly the their health insurance? How many which says a concurrent resolution for wrong thing to be doing if, in fact, the thousands of people will die because the budget of 2017. We have special incoming President really means it they no longer have health insurance rules when you pass the budget so that when he says he wants to bring down and they cannot go to the doctor and we may be able to repeal ObamaCare, drug prices. the hospital? The studies I have seen and I am all for that. But why should So there are a number of things we suggest that many thousands of people we vote on a budget that doesn’t rep- care deeply about on health care. As will die. That is common sense. If you resent our conservative view? Why someone who has worked on this for throw 30 million people off of health in- would we vote on a budget that adds years—in fact, it was health care and surance, they are going to die. How do $9.7 trillion to the debt? Because we are health policy that first got me into you go forward providing a death pen- in a hurry, we can’t be bothered. politics, leading an effort to save a alty to thousands of people without It is just numbers. I was told again nursing home in my community. I care having any solution to it? and again: Swallow it. Take it. They deeply about this. I am one of the folks Further, I would add to the excellent are just numbers. Don’t worry. It is not way down deep in the weeds on this. points made by the Senator from really a budget. But we don’t improve a health system Michigan. Senator ENZI and the Sen- Yet the legislation says it is a budg- by ripping it out by its roots, by under- ator from Texas before him talked et. The numbers say we will add $9.7 mining the whole system without fig- about the impact of health care prob- trillion of new debt. uring out what comes next. That only lems in rural areas. I come from a rural So I say: If they are only numbers, happens if you really don’t care what area. Michigan has large parts of the and if the numbers that are in the comes next because if you care, that is State that are rural. The Senators budget don’t matter, why don’t we put not a responsible position. from rural areas on the Republican side numbers in that balance? Why don’t we So, Mr. President, and my colleagues, have said they want to make sure their put a vision into the budget that rep- I feel very strongly that with every- constituents in rural areas can see a resents what Republicans say they are thing we know that has been made doctor. That is certainly a modest pro- for? available to strengthen quality, to give posal. Of course they should be able to Republicans say they are the con- people back their own decisionmaking see a doctor. servative party. Are we? When George instead of the insurance companies on If that is the case, my Republican W. Bush was President for 8 years, the basics like providing care for them- friends should understand what the national debt went from $5 trillion to selves and their families, the strength- Federation of American Hospitals and $10 trillion. The debt doubled under a ening of Medicare and Medicaid, the the American Hospital Association said Republican President and a partially coverage that has been made available, about repealing the Affordable Care Republican Congress. Yet the words we know there is a way to work to- Act. These are major hospital organiza- were these: Well, he had Democrats to gether to make things better, and this tions. According to a very recent re- deal with, and if we could ever take all is not it. port, what they said is that a repeal of three branches of government, things Mr. SANDERS. Will my colleague the Affordable Care Act will mean a re- would be different. from Michigan yield for a moment? duction in payments to rural hospitals The Republicans took over the House Ms. STABENOW. I will be happy to. of over $165 billion over a 10-year pe- in 2010. They still didn’t control the

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.017 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S39 Senate, but they said: If we only con- spending, and the real conservatives focus on ObamaCare, but we are taking trolled the Senate, we could be the con- were for cutting spending. Now nobody our focus off the debt. As bad a prob- servative party again. is for cutting spending. When I bring it lem as ObamaCare is, as much as it has We have had an election. The con- up that you can absolutely not balance disturbed, destroyed, and distorted the servative party—the supposedly con- the budget if you are not willing to health care market, it may be that the servative party—won. Republicans con- look at entitlements, do you know debt is a bigger problem. trol the House, the Senate, and the what I am told by many well-meaning So it is not a popular stand that I Presidency, and the first item of busi- Republicans? Don’t write it down. take today. I will be the only Repub- ness for the Republicans will be to pass Don’t put it on paper because people lican to vote against the Republican a budget that never balances—a budget will be upset with you if you explain budget. That won’t be popular. But I that will add $9.7 trillion to the debt that to save Social Security, to save ran for office. I left my medical prac- over 10 years. Medicare, you will have to reform tice. I am away from my family. I This sign could have been put up for these entitlement programs. They say: spend long hours traveling here be- Obama’s first budget. Every Repub- Let’s just talk about waste. Let’s just cause I am concerned about the debt. lican railed and said: $10 trillion— talk about fraud and abuse. And I do, We borrow $1 million a minute. The President Obama will add $10 trillion. and we should eliminate all of those. debt threatens the very foundation of And he did. President Obama doubled But guess what. If you eliminate all of our country. Yet here we are. The Re- the debt again. the budgetary spending that we vote publican Party controls the House, the It went from $5 trillion to $10 tril- on—this is called the discretionary Senate, and the White House, and in lion. The national debt went from $5 spending. This would be the military their haste, they put forward a budget trillion to $10 trillion under George W. and all the rest of the nonmilitary. It that is going to add this much debt. Bush, and then it doubled again under This is what the debt has been doing. is about $1 trillion, not including the President Obama. It went from $10 tril- Here is 1980. We see the growth. It has entitlements—Social Security, Medi- lion to nearly $20 trillion. become exponential—the growth of the care, and Medicaid. If you did just the What are we looking at here? More debt. This should worry every Amer- military and the nonmilitary and you debt, under a solidly unified Repub- ican. But here is the Republican 10- reduced it 10 percent a year for 10 lican Congress and a Republican Presi- year budget that we are getting ready years, and you virtually wiped out all dent. to pass. It is virtually a vertical line of discretionary spending, you still don’t So you might scratch your head and accumulation of debt. say: The more things change, the more balance the budget. People will say: But how could we they stay the same. Is it all smoke and So, really, you are not a conservative ever cut any spending? I will give you mirrors? Is there really a difference? if you are not willing to look at all a couple of examples of where your Are Republicans different than Demo- government spending. The budget can- government spends money and you tell crats? It is a pretty important ques- not be balanced and the budget will me whether or not we ought to look tion. We are in such a hurry to repeal never balance unless we look at enti- long and hard at cutting spending. ObamaCare. I am all for it. As a physi- tlements. There was a grant given for autism. I cian, nobody thinks that ObamaCare What does that mean? It means that have a great deal of sympathy. I know has been worse for the country. Nobody because of demographics—we had big children with autism. The grant was more than me thinks it is a terrible families 60 years ago, with three, four, for $700,000. But do you know what they piece of legislation that has not helped five kids to a family. Now we have less spent it on? They spent it on studying the country and that has inflated our than three kids to a family—probably Neil Armstrong’s statement. Remem- costs and not helped. Yet do we have to two kids to a family. So you had all ber Neil Armstrong? He landed on the add nearly $10 trillion of debt in order the baby boomers born right after moon and said: ‘‘That’s one small step to get at it? World War II, and they are all retir- for man, one giant leap for mankind.’’ So as this moves forward, I will offer ing—60 million of them. So we have Well, your government, in its infinite a replacement. I will offer my own this huge population boom, and you wisdom, wanted to know: Did he say budget. I will offer to strike and re- don’t have as many workers. So the de- ‘‘one small step for man’’ or ‘‘one small move $10 trillion worth of debt, and I mographics aren’t working. Then you step for a man’’? Your government will offer my own budget that balances add to that the fact that we are living spent $700,000 studying the preposition within 5 years. How do we do it? We longer. ‘‘a.’’ Did he say ‘‘a man’’ or just give the authority to make the cuts When Social Security was started, ‘‘man’’—$700,000. Money that should where they should be, where they are the average life expectancy was 65. It have been spent on autism was spent most wasteful in government, and we worked pretty well as a pension plan on something frivolous. offer this budget by simply freezing ex- because you died. But now it is great. Is anybody going to fix it? No. Every penditures. You don’t have to cut any We are living on average to 80, and if year, all of the spending bills are expenditures. you make 80, you may well make 90. globbed together in a 2,000-page bill— Every department of government What a great thing—longevity. But it and not one iota of reform. could get what they got the last year. is not working. Social Security is not My colleagues may remember that If you think some departments of gov- working. We spend more on recipients Senator Proxmire from the 1970s used ernment need more money, cut other than we bring in with the tax. to have something called the ‘‘Golden departments of government. Frankly, Medicare is even worse. The average Fleece Award.’’ Every one of those there are some departments of govern- taxpayer pays about $100,000 over their things he complained about in the 1970s ment you could eliminate and you lifetime in Medicare taxes. The average happens now but tenfold greater. No- would never know they were gone. If recipient takes out $350,000. How big a body fixes it. We don’t pass individual the Department of Commerce were problem is this? Medicare is $35 trillion spending bills. We do continuing reso- gone, a few corporate executives would to $40 trillion in the whole. lutions, which means we continue not be able to fly around on govern- It is inexcusable that we are not doing the same thing we have done ment jets. They could fly around on talking about how we fix Medicare. It over and over. their own jets. You would never know is inexcusable that we are not talking Again, $700,000 was spent studying the whole entire Department of Com- about how to fix Social Security. If we Neil Armstrong’s statement. Do you merce was gone. don’t fix them, there is going to be a know what their conclusion was? We You can cut spending. You can actu- cliff. Within about a decade, the cliff is are not sure. They spent $700,000, and ally get to the balance by not cutting so severe that everyone on Social Secu- they are still not sure whether he said anything. So here is what happens. If rity will suffer a 20-percent decline in ‘‘a man’’ or ‘‘one small step for man.’’ you freeze the on-budget spending, their monthly check. It will happen all We spent $500,000 studying whether or within a little over 5 years, your budg- at once if we don’t fix it. Can we fix it? not, when you take a selfie, if you are et balances. Yes, we have to talk about it. smiling in the selfie, does it ultimately I remember a time when there were What we are doing today is kicking make you feel better? We spent the moderates who were for freezing the can down the road. We have our $500,000.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.019 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S40 CONGRESSIONAL RECORD — SENATE January 4, 2017 So what do we do? Do we give these There is no reason why Republicans even a necessary part such as national people less money? Teach them a les- couldn’t have put forward a budget defense, says they are too big to be au- son. Give them less money, and maybe that doesn’t add all the red ink. We are dited. Meanwhile, we have $85 million they will conserve the money. Maybe at $20 trillion. We are going to nearly embassies built that will never be occu- they will eliminate waste if they have $30 trillion under the Republican plan. pied and $45 million gas stations that less money next year than they had My goodness, what happened? Where is will never be used. this year—or what I am proposing: the conservative party? Where are the I think it is time that we say enough Freeze the spending. Is anybody pro- conservatives in Congress who would is enough. Don’t give government more posing that? No. We say: They spend a say enough is enough? Now they say: money; give them less. The govern- half a million dollars on selfies; give We just have to be done with this. ment hasn’t been a good steward of them more next year. Don’t distract the little people. Don’t your money. So the Republican budget will in- let the people of the country know we The question is often asked: Are the crease spending every year. It increases are voting on a budget. We are going to people who spend your money, are the spending at about 5 percent a year. So call this the vehicle to repeal people involved in government inher- spending goes up. They say it is the ObamaCare. ently stupid? It is kind of a debatable baseline, and they say we are cutting Well, that is not what it is. It is a question. I think they are mostly well- off the baseline. No, no. The baseline budget. And we have special rules for intentioned. I don’t think they are in- goes up 5 percent a year. Spending will dealing with the budget that allow us herently stupid, but I do think they increase over the 10-year period. The to repeal ObamaCare, which I am all don’t get the right incentives. Because red line is spending. for, but this is a budget. there is no profit motive in govern- Part of that is what the Republicans They say: Well, how can we get the ment, because there is no rationale or are proposing. They are going to stay votes? No Democrats will vote for this motive to conserve, money is spent, on the spending curve. If we stay on budget. This is a Republican blueprint. and because of sheer laziness and inep- the spending curve, they will continue Not one Democrat will vote for this. titude, we continue to pass the spend- to spend $700,000 studying Neil Arm- So this is what Republicans are for. ing bills—glommed together, thousands strong’s statement; they will continue This is the blueprint the Republican of pages—without reform. But I won’t to spend half a million dollars on Party says they are for—$10 trillion be party to that. I won’t vote for spend- selfies. They spent another half a mil- worth of new debt. I am not for it. That ing bills that are not individualized lion dollars on a climate change game. is not why I ran for office. That is not and don’t have reforms in them. I They spent $45 million to build a nat- why I am here. That is not why I spend won’t vote for budgets that never bal- ural gas station in Afghanistan—$45 time away from my family and my ance. million. The first problem: Nobody in medical practice. It is because debt is So while I may be a lonely voice on Afghanistan has a car that runs on nat- consuming our country. There is a this issue, I will continue to bring up ural gas. They discovered this after time and a place to debate ObamaCare, to the American people that it is im- they built the gas station. The gas sta- portant not to add more debt, that it is and I am more than willing to debate tion was 86 times cost overrun. The important to slow down the accumula- that. But this is a budget. This is the original estimate was about half a mil- tion of debt. It is important that we vote on a budget. lion for the gas station, but lo and be- They say: Oh, it is just a gimmick. It have a $20 trillion debt, and I am not hold, somehow it cost $45 million. If is just a game. The numbers don’t willing to add $10 trillion more in debt. your government had 86 times cost So at the appropriate time, I will intro- mean anything. overrun, would you give them more Well, if the numbers don’t mean any- duce an amendment that will strike money or give them less money? I, thing, put honest numbers in there or and replace this budget, and in its frankly, think we should give them less put conservative numbers in there. place I will put forward a conservative money. If you give them more money, I, for one, will put forward a conserv- vision for the country—a vision of a they will not waste it less; they will ative opposition to the Republican ma- balanced budget that balances within 5 waste it the same or worse. They jority’s budget. I will put forward a years. should be given less money. Every Republican in the Congress budget that freezes spending and bal- Mazar-e Sharif is a city in northern who has been here for a while has voted ances the budget over a 5-year period. Afghanistan. We built an $85 million for a balanced budget amendment. In- Would there be some agencies that embassy there and we signed a 10-year terestingly, the balanced budget would get less money? Yes. But it lease, and then somebody looked at the amendment—which would be an would force us to go through the gov- place and decided that since there were amendment to the Constitution—has ernment and pick and choose what is tall buildings surrounding the entire within it a provision that the budget good spending and what is not good entity, people would shoot down into would balance within 5 years. And even spending. the courtyard and kill our diplomats, when Republicans get around to saying We have a waste report that we put and they said the building could never ‘‘Oh, we will have some gimmicks to out. If you look on our Facebook, you been occupied—after they spent 85 bil- balance in 10,’’ 10 is not what the can find our waste report. I listed four lion, after they signed a 10-year lease. amendment says. Why bother voting on or five of the most egregious. There are How will they get better? Were the peo- an amendment if you are not serious hundreds and hundreds, if not thou- ple who made this decision fired? No. about it? They are Federal employees, and you sands, of things we shouldn’t be spend- Republicans are completely in never fire Federal employees. Will they ing money on. I will give another ex- charge. It is a Republican document; it make wiser decisions because we give ample. is a document I disagree with; and at We have sold $100 billion worth of them less money? No. We give them the appropriate time, I will be intro- weapons to Saudi Arabia. They were more money. ducing a replacement that will balance wanting to spend money giving F–16s You would be excused for being upset within 5 years and provide a conserv- to Pakistan. You pay for them and give if you went and voted and said ‘‘I am ative view for the country. going to vote for the conservative them to them. The PRESIDING OFFICER. The Sen- party’’ and if you went and voted and There is riddled throughout the Pen- ator from Wyoming. said ‘‘I am going to vote for the party tagon—look, the Pentagon has never Mr. ENZI. Mr. President, I suggest that is going to balance a budget.’’ been audited. You are surprised? The the absence of a quorum, and I ask Wouldn’t you be upset? Wouldn’t you government has never been audited. unanimous consent that the time be di- wonder which party that is? The Federal Reserve is not audited. vided equally. This is the spending curve. We are The Pentagon is not audited. So what The PRESIDING OFFICER. Is there going to add $9.7 trillion in 10 years, is the Pentagon’s response to being au- objection? and yet they say: Oh, no, this isn’t dited? The Pentagon says to us: We are Without objection, it is so ordered. really a budget. too big to be audited. I don’t know The clerk will call the roll. I have it in front of me, though. It is about you, but that makes me kind of The senior assistant legislative clerk a budget. angry, that a part of our government, proceeded to call the roll.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.020 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S41 Mr. DURBIN. Mr. President, I ask policy has reached a point where it closed the gap so you had continuous unanimous consent that the order for doesn’t cover you anymore. What then coverage under Medicare as a senior. the quorum call be rescinded. are your options? Stop treatment? Ex- Important? You bet it is. A lot of The PRESIDING OFFICER (Mr. haust your savings? Throw yourself on seniors ended up retired with limited GARDNER). Without objection, it is so the mercy of a hospital and hope for savings wanting their meds, their pre- ordered. the best? scriptions, so they can remain strong Mr. DURBIN. Mr. President, we are We ended that. ObamaCare ended and independent as long as possible. discussing the budget resolution. It is that. They can no longer put limits on Don’t we want them to? So that, in a an interesting time to do it in the health insurance policies because none brief summary, will contain four or month of January. The fiscal year, the of us—not one of us—knows what kind five of the main features of spending year for the Federal Govern- of health crisis we might face or a ObamaCare, the Affordable Care Act— ment, starts October 1. We have tried, member of our family might face to- more Americans with the guarantee of with no success, to pass appropriations morrow. That is important. health insurance than any time in our bills—12 of them—that would meet our A third provision in ObamaCare, modern history in the United States of obligation to fund the government for which most families would understand America. the entire fiscal year. We have had two in a hurry, involved what to do with How important is it to have health continuing resolutions, which are tem- that recent college graduate. What are insurance? If you have ever been the fa- porary spending bills. And here we are you going to do with that daughter ther of a very sick child and you didn’t again discussing a budget resolution. whose graduation you are so proud to have health insurance, it is a life expe- But it isn’t really about the budget; go to, and then it dawns on you that rience you will never forget. I know. I it is about the Affordable Care Act, she doesn’t have a full-time job yet and lived through it. At that time, I known as ObamaCare, a law passed 6 that the part-time job she has doesn’t thought, if I don’t do anything else the years ago with the goal of providing af- have any health insurance benefits. rest of my life, I am always going to fordable health insurance for all Amer- I remember calling my daughter and have health insurance, and I did. At icans. I voted for that bill. It is one of saying to her: Jennifer, I know you had some sacrifice to my wife and me, but the most important bills I have ever health insurance as a student. What is we made sure we had it because for a voted for, and I believe that, despite your situation now? period of time when we had no health shortcomings, it has achieved its goal Oh, Dad, I am fine. I am healthy. I insurance, I felt like I had let my fam- and it has done it in a way that most am not worried. ily down and I let my daughter down. I American families would agree they I am worried, as a father, something didn’t want it to happen again. want to see. is going to happen to her and she will I don’t want anybody else to go As an example, there are very few have no health insurance protection. through that. We want to make sure families in America who have every Do you know what ObamaCare did? health insurance is there for all of us. member of the family in perfect health. ObamaCare said I could keep my Some people say: If you are rich, you In the old days before the Affordable daughter under my family health in- ought to get it, but if you are not, Care Act, if you happened to have a surance plan until she reached the age tough luck. child who had survived a cancer situa- of 26. Peace of mind for 2, 3, 4 years I don’t think so. I think health care tion, a spouse with diabetes, and you while that son or daughter is starting and health insurance protection should went to buy a health insurance plan, their professional life, their life of em- be a basic right in this great Nation of you ran into a problem: They might ployment. For thousands in Illinois America. That was the driving force not want to insure your family because and across the United States, more behind passing ObamaCare, passing the of that sick child, or they might want peace of mind that health insurance Affordable Care Act. to charge you a premium way beyond would be there when your family really The Republicans hate the Affordable your reach. So in the Affordable Care needed it. Care Act like the devil hates holy Act, ObamaCare, we said: As a health We also said we don’t think you water. They despise it. Over 60 times insurance company, you cannot sell in- ought to discriminate against people they voted to repeal it in the House of surance in America and discriminate when you sell them health insurance Representatives. It drives them into a against a family or person because of a just because, for example, you happen rage. The first thing they say is, we preexisting medical condition. to be a woman. Yes, the health insur- can’t wait to get a new President and From where I am sitting, my own ance premiums charged women were abolish ObamaCare. personal life experience and my fam- higher than those for men. Obviously, The obvious responsible question to ily’s experience, thank goodness. We women can have challenges in their them is, And what happens the day had members of our family with seri- lives but so can men. We said you can- after you abolish it? What happens ous health issues. I worried about that not discriminate in health insurance when it comes to preexisting condi- all the time as a husband, as a father. premiums under ObamaCare between tions? Can health insurance companies The Affordable Care Act gave me and men and women. now discriminate against people again? every other American the peace of These are issues that affect the real What happens when it comes to the mind that health insurance companies world—what people pay for insurance, limits on how much a health insurance could not discriminate against us or whether they qualify for insurance, and policy would pay? Are we going to be our families because of a preexisting whether insurance will be there when back in the day when there isn’t condition. you need it. That is what ObamaCare enough coverage when you and your There was also a practice where they did. By providing helping hands to family desperately need it? would put a limit on how much cov- those in lower and middle-income cat- What happens to those kids fresh out erage you could buy in a health insur- egories, we extended the reach of of college if they can’t get on your ance policy. So many people thought: I health insurance under ObamaCare to family health insurance plan? Do you have a great health insurance policy. It cover 20 to 30 million more Americans. want to go out and buy an individual has a $100,000 limit. I will never hit We currently have the highest percent- policy for that son or daughter who is that number; I am a healthy person. age of Americans with health insur- still looking for a job? How about the The next accident, the next diag- ance in modern history. seniors? Are they going to go back to nosis, and that healthy person realized We had another provision too. We the time where they have to pay out of that $100,000 in today’s world of health said: If you happen to be a senior cit- pocket for their prescription drugs? I care costs—you could eat that up in a izen under Medicare and you are pay- think those are all legitimate ques- minute and find yourself without any ing for your prescription drugs, that tions. health insurance protection. What hap- can be expensive. Under the old law, Do you know what the answer is on pens to you next? before ObamaCare, there was a gap in the Republican side? Trust us. We are You have been diagnosed with can- coverage, and you might spend $1,000 or just going to abolish this program, and cer. You start treatment. It is expen- $2,000 out of your savings account each someday, not today and not soon, but sive, and now your health insurance year just to keep taking your meds. We someday we will come up with another

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.022 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S42 CONGRESSIONAL RECORD — SENATE January 4, 2017 idea. That is irresponsible. They are re- an alternative before you abolish the from staying in the United States. If placing affordable care with chaos. Affordable Care Act. Good for him. you are approved, for 2 years—renew- They are saying to the American peo- That is common sense. You would ex- able—you will not be deported and you ple: Just trust us. Someday we will pect it from a party that says it is con- can work in America. dream up a plan. servative in its approach to govern- Many young people in that cir- You know what, they have had 6 ment. What they are suggesting with cumstance were reluctant to step for- years to come up with a plan, 6 years the Affordable Care Act is not conserv- ward. Their parents had warned them to come up with an alternative to the ative. It is destructive. It is cata- their entire lives that if they turned Affordable Care Act. They have been strophic. It is irresponsible. themselves into the government, they unable to do it. It is difficult. It is I hope my colleagues will join me. We might be deported—in fact, their fam- painful. need two or three Republicans to join ily might be deported with them. They You know what is ironic, the Afford- us to stop this effort. Let us sit down said: The President has offered us this able Care Act is based on a Republican together, Democrats and Republicans, opportunity for a chance. We are going model of health insurance. This was take the Affordable Care Act and make to follow this, do the right thing, make what the Republicans suggested years it more effective, fix the problems that an application. Almost 800,000 of them ago: Use private insurance companies are part of it—and there are some— qualified. They are DACA recipients. and make it available to all Ameri- make sure we keep our promise to the Others will be eligible in the months cans. That is what we did. A lot of American people that they will have ahead. DACA has been a success. Democrats felt there was a better way: access to affordable, quality health What will President Donald Trump Why don’t we make a Medicare Pro- care. Keep these providers covered by do with these DACA students? He made gram for every American a nonprofit the Affordable Care Act in business in some pretty harsh statements during program that is there. We couldn’t get rural areas and inner cities and all the course of the campaign about im- it done. We didn’t have the votes, and across our Nation. That is our responsi- migration. I think he is reflecting on the Republicans wouldn’t help us. bility. these kids as a special category. This is In the first step of the new year and DACA what President-Elect Donald Trump the new Congress, the new Republican Mr. President, 16 days from now, and said to TIME magazine just a few majority in the Senate wants to abol- just a few steps from where the Senate weeks ago about the DREAMers, the ish the Affordable Care Act, wants to Chamber is located, we will have an in- DACA recipients. put millions of American families at auguration for the 45th President of We’re going to work something out that’s the mercy of health insurance compa- the United States, Donald Trump. On going to make people happy and proud. They nies. They must think we are suffering that day, the fate of more than 750,000 got brought here at a very young age, from amnesia and that we had forgot- young people in America will be hang- they’ve worked here, they’ve gone to school ten what that was all about—sitting on ing in the balance. They will be wait- here. Some were good students. Some have the phone for hour after weary hour ing to learn whether they have a place wonderful jobs. And they’re in never-never with some adjuster who may or may in our Nation’s future or whether they land because they don’t know what’s going to happen. not be in the United States, trying to will be asked to leave. argue about whether your son or It was 7 years ago that I sent a letter I appreciate Mr. Trump’s comments, daughter can go into a hospital, wheth- to President Obama, joined by Senator soon-to-be President Trump. I hope he er your wife can receive the medical Richard Lugar, Republican of Indiana. will keep the DACA Program in place, treatment the doctor asked about. On a bipartisan basis, we asked the but I am working with my colleagues That is what it used to be, and that President to stop the deportation of on a bipartisan basis to give him an op- is what it is going to go back to when young immigrants who grew up in this tion. Senator LINDSEY GRAHAM, Repub- we abolish the Affordable Care Act and country. We called them DREAMers, lican of South Carolina, and I have don’t replace it with something that is after a bill I introduced 15 years ago. joined the lead sponsors on what we as good or better. That is the first step Who are they? Babies, infants, tod- call the BRIDGE Act. The BRIDGE Act in the Republican program, make 20 to dlers, children, young adults under the is an opportunity to protect these 30 million Americans more vulnerable age of 16 brought to America by their young people legally, on a temporary when it comes to their health care. parents from another country, and the basis, while Congress rolls up its That is not the end of it. proper papers were not filed. You can’t sleeves and takes up immigration. I live in a State that has the great hold the kids responsible. They didn’t I am happy to have Senator LISA city of Chicago, Cook County regional decide to come here. You certainly MURKOWSKI and JEFF FLAKE, Repub- area, but downstate we are very rural, can’t hold them responsible for not fil- licans from Alaska and Arizona as co- smalltown America. I know from my ing the papers. They were just children sponsors, as well as DIANNE FEINSTEIN congressional experience and from my at the time. of California and CHUCK SCHUMER of life as a Senator representing that If anybody should be held respon- New York, and I hope others will fol- State, there are downstate hospitals sible, it is the parents. What do we do low. I believe DACA was a lawful exer- that cannot survive without the Af- about the kids who have lived their en- cise of the President’s authority. Some fordable Care Act. In my State, some of tire lives in the United States believ- disagree with that completely. Regard- those hospitals are the major employ- ing this was their country, this was less of whether you agree or disagree, I ers in their communities and the only their future, and now come to realize hope you will agree that these young go-to place for someone seriously ill or in their teenage years they are undocu- people should be allowed to have a injured. mented and their future is uncertain? bridge so they aren’t deported, they The Republicans have yet to suggest We asked President Obama: Will you don’t lose their right to work or go to any suggestion at all about how we are give these young people a temporary school. going to keep those hospitals open. opportunity to stay, study, and work in Incidentally, when these young They are starting to contact me now— America, and he agreed to do it. It was DACA DREAMers go to school, they the hospitals as well as the clinics and called DACA. It was the Deferred Ac- have to pay for it right out of their the health care providers, and they are tion for Childhood Arrivals Program. pockets. They don’t qualify for any asking: The Republicans really aren’t What it said was, if you are in that cat- Federal assistance. It is a special effort going to do this, are they? They are not egory of a child brought to America and a special sacrifice. I have come to just going to abolish it and leave us and you are undocumented, step for- the floor over 100 times over the last 10 with this chaos to follow. ward, pay a filing fee of almost $500 so or so years to tell the stories of these Sad to say, that is exactly what they the government can process your appli- young people. I think the stories tell a are going to do. Senator RAND PAUL of cation, submit yourself to a criminal lot more than any speech I could give. Kentucky wrote an article today and background check, including finger- This young man is Luis Gonzalez. said he thought it was wrong on the prints, and let us look into your back- Forgive me for being especially drawn Republican side to do that. He said: ground and see if there is anything you to this photo because Luis is standing The responsible thing to do is to have have done that would disqualify you in front of my college, Georgetown

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.024 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S43 University, wearing one of the George- will work with Congress to pass the increments. After the experience of the town Hoyas shirts. BRIDGE Act into law for Luis and for Affordable Care Act, they went back Let me tell you about Luis. He was 8 thousands of others who will be count- and they redid those projections, and years old when his family came to the ing on it. they dropped the cost of Medicare dra- United States from Mexico. He had a Mr. President, I yield the floor. matically. Those outyear costs, dra- difficult childhood in Santa Ana, Cali- The PRESIDING OFFICER. The Sen- matically reduced, are an important, fornia. His parents separated. He lived ator from Arizona. valuable step toward lower debt, bal- with his mom in a car garage for sev- (The remarks of Mr. FLAKE per- anced budgets, and less of a national eral years. After his mom remarried, taining to the introduction of S. 28 are annual deficit. Repealing ObamaCare he lived with his stepfather, who printed in today’s RECORD under will undo that. turned out to be abusive. ‘‘Statements on Introduced Bills and It was pretty clear from Budget Com- Luis overcame these circumstances Joint Resolutions.’’) mittee hearings that that reduction in and still was a good student. He grad- Mr. FLAKE. I yield the floor and sug- anticipated Medicare costs in the out- uated high school in the top 1 percent gest the absence of a quorum. years was related to the work that had of his class with a 4.69 GPA, and he Mr. ENZI. Mr. President, I ask unani- been done in the Affordable Care Act as passed all nine advanced placement mous consent that the time in the well as the changes in experience that exams that he took. He was involved in quorum call be equally divided between we are seeing. That is one budget bust- extracurricular and volunteer activi- both sides. er which shows that this reconciliation ties. He was the secretary of the The PRESIDING OFFICER. Without effort is going in the wrong direction. school’s National Honor Society, and objection, it is so ordered. In Rhode Island, I watched this issue he helped organize an anti-bullying The clerk will call the roll. pretty closely because I want Rhode Is- campaign in his local elementary The senior assistant legislative clerk land to be a leader in delivery system school. He was a mentor to incoming proceeded to call the roll. reform. I want ours to be one of the freshmen in high school. Saturdays, in- Mr. WHITEHOUSE. Mr. President, I most efficient health care systems in stead of taking it easy, he volunteered ask unanimous consent that the order the country, and I worked very hard to tutor other kids in math, and he vol- for the quorum call be rescinded. over many years to put the pieces in unteered to help a teacher at a local The PRESIDING OFFICER (Mr. LEE). place in Rhode Island to help make school. He was active in his church Without objection, it is so ordered. that come to pass. So I talked to peo- every Sunday, translated the pastor’s Mr. WHITEHOUSE. Mr. President, I ple like Dr. Kurose, who runs one of sermon into English for those who want to comment and say a few words our largest primary care practices, and didn’t speak Spanish, and cleaned up about the use of the budget reconcili- Dr. Puerini, who runs another very big the church before and after the Sunday ation process to facilitate an effort to Rhode Island primary care practice, services. repeal but not replace ObamaCare, the and I saw that both of them had taken Because of his outstanding record in Affordable Care Act. I serve on the advantage of the Affordable Care Act high school, Luis was admitted to Budget Committee. During the course to make themselves accountable care Georgetown University. He is currently of multiple hearings during the pre- organizations, ACOs, and they have a sophomore majoring in American vious year before the election, we used the powers and they have used the studies and minoring in government. heard the most adamant stories from shared savings under those programs to He continues to use his spare time to the Republican side about how dire our change the way they deliver medicine. help others. He is a member of the pro- Nation’s debt situation was, how dire What they show is that their price, vost committee for diversity and co- our Nation’s deficit was. their annual cost of service per patient, chair of Hoya Saxa Weekend, a pro- Member after Member on the Repub- is actually going down. They are deliv- gram that brings students from under- lican side spoke as if the end of the Re- ering care more efficiently and they represented communities to George- public was at hand. Yet the policies are getting to illnesses earlier. They town. Luis is a leader of Strive for Col- from the Bush administration that are not just churning the wheel of bill lege, a program that mentors students kept driving that debt and that deficit and pay, bill and pay, bill and pay; in the inner city high schools. His they protect. They blamed President they are actually managing their pa- dream is to be a high school teacher, Obama for the effect of Bush policies tients’ health. We hit this wonderful which isn’t surprising given the strong that took place during President sweet spot where the patients are commitment he has already shown. Obama’s years, while defending those healthier and the patients are way He wrote me a letter and here’s what Bush policies the President had actu- happier because they are getting better he said: ally tried to correct. In many respects, service, and the cost per patient in DACA gave me the confidence and security their concern about the budget was a these practices is coming down. So if I’ve not had before. I lived in fear and the little ironic since they were defending that is taken away, we reverse that ef- shadows. Thanks to DACA, however, I’ve the Bush policies that created this debt fect. It is plausible to think that those been able to do things I otherwise wouldn’t and deficit explosion in the first place. costs will start going back up again. be able to do like travel through an airport Nevertheless, be that as it may, you or working on campus. I’ve always felt that Why would we want to undo a method I am an American, but having DACA allowed had this phalanx of Republican Sen- that has helped local practices improve me to stop living in constant fear and uncer- ators in a state of very high animation the quality of care, reduce the cost of tainty. Now these fears have come back about our debt and deficit. You would care, and serve their patients better? again. think that in this Congress, with con- The ACO program is part of the Afford- If DACA is eliminated, Luis could be trol both over the House and the Sen- able Care Act. forced back into the shadows. The day ate and a Republican President-elect The last thing is that around here, after DACA, Luis will not be able to looming, they might use the budget we try to defend Medicare. One of the travel or work on a campus. He will reconciliation process to do something achievements of the Affordable Care lose his legal status, and he could be about the debt and the deficit. Act was that it extended the solvency deported back to Mexico, a country After all, there was a lot of big talk of Medicare out to 2028. Undo this bill that he hasn’t lived in since he was 8 last year, and here is the budget rec- and there will be a direct hit on Medi- years old. onciliation process. As we see, it is not care’s solvency. It will come roaring Luis and other DREAMers have a lot being used to do anything about the back. to give America. Would we be stronger debt or the deficit, it is being used to So when you put what the Repub- if we deport him, take this man’s tal- open an effort to repeal but not replace lican Senators on the Budget Com- ent, drive, and energy and banish him ObamaCare. The problem is, when you mittee said with such vehemence and from this country? I don’t think so. do that, you do some pretty bad things alarm about the debt and the deficit I hope President-Elect Trump will to the debt and to the deficit. beside the use to which they have put understand this and will continue the Before the Affordable Care Act was the reconciliation process, which was DACA program. If he decides to end passed, Medicare officials projected designed to be used to reduce the debt DACA, then I hope this administration out-year costs for Medicare in 10-year and the deficit, and you look at how

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.026 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S44 CONGRESSIONAL RECORD — SENATE January 4, 2017 that actually plays out through the good deal of the savings that doctors form provisions of Obamacare. The In- health care system—increasing the and taxpayers have shared from hard- novation Center at the Centers for costs of what would have been account- working practices like Rhode Island Medicare Services, the ACO provisions, able care organizations, if that gets un- Primary Care Physicians and Coastal the provisions for shared savings be- done; lifting back up, presumably, Medical in Rhode Island, which have tween doctors and the taxpayer when Medicare costs that in the outyears relied on the ACO provisions in the Af- savings accrue because of better prac- were reduced because of this; and fordable Care Act to get those sav- tices, the changes toward better mod- shrinking the time that Medicare ings—who wants to undo that? It els of payment—I would be very sur- stands as solvent—if that is not a hit makes no sense, and least of all, it prised if they were very enthusiastic on Medicare, I don’t know what is. makes no budget sense because those about undoing those. The other piece in this process that outyear health care costs will come But, as I said, this is where we are, bears on this is that during the period home into the budget in those out- and I will close my remarks, and I hope that these very dramatic concerns were years. Of course, you compound that that soon, once this exercise is over, we being expressed about the debt and the with the fact that no tax loophole is to can actually get serious about closing deficit, the same party that was enun- be touched. No tax loophole can be ad- loopholes and reducing the debt and re- ciating those concerns and those dressed. No revenue can be generated ducing the deficit—the nominal cause threats to our American society and by closing the carried interest loop- of the Republicans on the Budget Com- solvency was defending all of the loop- hole, closing the private jet deduction, mittee. holes in the Tax Code. We tried and closing the tax benefits for the fossil I yield the floor. tried to find a loophole that our Repub- fuel industry, which is making more The PRESIDING OFFICER. Who lican friends would be willing to let go money than any industry has in his- yields time? of, and we couldn’t find a single one tory and hardly needs the support of Mr. WHITEHOUSE. Mr. President, I that I recall. Even President Trump is the poor American taxpayer. But, no, suggest the absence of a quorum. interested in trying to get rid of the big special interests have big tax The PRESIDING OFFICER. The carried interest loophole that lets breaks, and they are going to be pro- clerk will call the roll. hedge fund billionaires pay lower tax tected at all costs. That is really where The senior assistant legislative clerk rates than brick masons, but could we we are on this. proceeded to call the roll. get an agreement on that from our col- I understand we used reconciliation Mr. WHITEHOUSE. Mr. President, I leagues on the other side? No. They to move ObamaCare. It did, in fact, do ask unanimous consent that the order wouldn’t touch it. the job of reducing the deficit, I be- for the quorum call be rescinded. I hope that as we go forward, we can lieve. Undoing it goes in the opposite The PRESIDING OFFICER. Without find a way to bring tax expenditures direction, but there is a certain ‘‘what objection, it is so ordered. lined up with appropriated expendi- is good for the goose is good for the Mr. WHITEHOUSE. Mr. President, I tures under the purview of the com- gander’’ equivalence about using that ask unanimous consent that the time mittee, but so far we have been unable to undo what we did. I get that. But if be evenly divided between the two sides to do that despite repeated bipartisan we are really serious about addressing during the quorum call. testimony that a tax expenditure is the debt and deficit, then we shouldn’t The PRESIDING OFFICER. Is there just the same as an appropriated ex- be using the reconciliation process, objection? penditure in so far as it affects the debt which is designed to reduce them both, Without objection, it is so ordered. and deficit—no difference—bipartisan to attack a health care program whose Mr. WHITEHOUSE. With that under- testimony, clear on the record. The dif- effect has been to reduce them both. standing, I suggest the absence of a ference is that behind a great many of That is where we stand right now. quorum, with the time divided equally these lucrative tax loopholes that are In the months ahead, I hope we will between the two sides. baked into the Tax Code and that sur- be able to look at tax expenditures. The PRESIDING OFFICER. The vive year after year after year is a spe- More money goes out the back door clerk will call the roll. cial interest, whether it is somebody through tax expenditures than gets The senior assistant legislative clerk trying to depreciate their private jet spent on some of our biggest programs. proceeded to call the roll. more rapidly than an airline can depre- It is a huge loophole, and within it are Mr. BROWN. Mr. President, I ask ciate passenger aircraft, whether it is a lot of very unattractive special inter- unanimous consent that the order for the carried interest loophole that puts, est special provisions—loopholes in the the quorum call be rescinded. very likely, the billionaire getting out worst sense of the word. We don’t want The PRESIDING OFFICER (Mr. of his limousine in front of his New to touch them because nobody dares to PERDUE). Without objection, it is so or- York apartment in a lower tax rate touch the special interests behind dered. than the guy holding the umbrella over them. MINEWORKER PENSIONS AND HEALTH CARE his head, the doorman. How fair is So that is where we are. I hope we Mr. BROWN. Mr. President, 70 years that? But that is the status of the tax can make real progress on the debt and ago United Mine Workers president law. We couldn’t get anybody to budge the deficit and stop defending private John L. Lewis, a lifelong Republican, on that because there are obviously jet reductions, stop defending fossil sat down with the Democratic Sec- big, powerful interests who don’t want fuel subsidies, stop defending billion- retary of the Interior, Julius Krug. to see that messed with. Why should aire special tax breaks, and actually They struck a deal to end a national they pay taxes like ordinary people put the debt and the deficit that Amer- strike. They promised health and pen- when they are superwealthy immortals ica faces first rather than having con- sion benefits for miners in exchange for who can buy themselves politicians? versations about that being window a lifetime of hard work. It is a promise So the ironies of the party that de- dressing until you get a Republican that the Federal Government has kept claimed about debt and deficit with President, and then you go completely ever since. such vehemence through so many hear- haywire, using the reconciliation proc- For 70 years, no matter the Presi- ings, with so much blame on President ess to undo health care laws, raise dent, no matter the party in control of Obama even though it was carried-for- Medicare costs, and undo the ACO pro- the Senate, we have kept that promise. ward Bush policies they were defending gram that has been so effective in my That changed, unfortunately, in De- that were driving so much of that State. cember. This body left for vacation. It debt—to have that group of people now I see the junior Senator from Utah is left tens of thousands of mine workers come and use the reconciliation proc- presiding, and I know that Utah and to face an uncertain future, not know- ess designed and intended to address Intermountain have some of the best ing if the pensions and health care they the debt and the deficit instead to try health care work being done on deliv- had earned for themselves—and in to repeal but not replace ObamaCare in ery system reform, and it would sur- many cases for their widows—over a ways that I think can be very fairly prise me very much if the leaders at lifetime of hard work would be there projected to raise Medicare costs, re- Intermountain in Utah were excited for them in the future. This is shame- duce Medicare solvency, and undo a about undoing the delivery system re- ful.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.036 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S45 Senator PORTMAN, my Republican that promised if you work hard your Clark. After an impressive career, Rep- colleague from Ohio, and I and Senator whole life, if you put in the hours, if resentative Clark started a new adven- MANCHIN and Senator CAPITO, a Demo- you save a little and do your part, you ture: retirement. He will be remem- crat and a Republican from West Vir- will be able to help your children go to bered for many accomplishments in ginia, and Senator CASEY—a number of college. They believed that would give Frankfort, among them that he never us—said: We should not leave Wash- their kids a chance at a better life per- missed a single floor vote. ington to go home to our families until haps than they had. They believed that Despite our differences, Representa- we take care of mine worker families. if they upheld their end of the deal, if tive Clark and I both care deeply for Congress has the power to stop these they put in the work to power our Kentucky. As speaker pro tempore of cuts and to live up to this pledge. We country by mining coal used for a gen- the house, he championed the merger had a bipartisan solution that would eration of electricity, their govern- of the Louisville and Jefferson County have passed if it had been brought to ment would do the same. In December, governments, an issue I fought for the floor. But instead, Congress broke Congress told them they were wrong. I when I was the county judge/executive. its promise to these miners and their don’t accept that. These workers sac- We also share a passion for the Univer- families. Congress stole the health care rificed their lungs and their backs to sity of Louisville, and Representative they had earned by passing a con- keep our lights on. It is shameful that Clark has a record of achievements on tinuing resolution that failed to ad- Congress, despite all intents and pur- behalf of the school. dress the pension problem, and it stole poses, has stolen what they earned. I join the Kentucky General Assem- the funds that were still left in their These miners should have spent Christ- bly in congratulating Representative health care plan to pay for a 4-month mas with their grandkids, not worrying Clark on his career of public service. fix—4 months, 4 months. Who can about whether they could afford their He dedicated many years to Kentucky, make health care decisions when you medicine. and I wish him well in retirement. don’t know if you will have health care We aren’t giving up. We had a bipar- coverage 4 months from now? tisan solution in December. We will f These working people don’t deserve keep fighting until mine workers TRIBUTE TO ROBERT L. to live with this kind of uncertainty. I across Ohio and this country have the HENDRICKSON have heard my colleagues, particularly full health care and retirement secu- on the Republican side of the aisle, al- rity that we promised them. They kept Mr. MCCONNELL. Mr. President, ways talk about predictability. Gov- faith with us and powered our country. today I wish to celebrate a distin- ernment should never inject more un- It is time to keep faith with the work- guished Kentuckian and a friend. Rob- certainty into the lives of individuals, ers in our industrial heartland and to ert L. Hendrickson has been the Pub- never should inject uncertainty into right this wrong. lisher of the Ledger Independent in the lives of business people as they I suggest the absence of a quorum. Maysville, KY, since 1993. When Bob make investment decisions. The PRESIDING OFFICER. The announced that he would retire at the But that is what we have done with clerk will call the roll. end of last year, I knew that the paper these mine workers. We have made The senior assistant legislative clerk was not only losing a great journalist, their lives less certain, less predict- proceeded to call the roll. but it also was losing a great man. able, and their health care so unpre- Mr. BROWN. Mr. President, I ask Bob graduated from the University of dictable. This is the health care these unanimous consent that the order for Georgia’s Henry Grady School of Jour- workers fought for, the health care the quorum call be rescinded. nalism. Afterward, he moved back to they sacrificed raises for. Keep in mind The PRESIDING OFFICER. Without Kentucky to work on his dad’s dairy that at the bargaining table, workers objection, it is so ordered. farm. However, a pair of harsh winters will be willing to accept less wages Mr. BROWN. Mr. President, I ask in 1977 and 1978 convinced him, in his today in exchange for health care and unanimous consent that the time dur- own words, ‘‘to put my journalism de- pensions in the future. That is what ing the ensuing quorum call be divided gree to work.’’ He got hired by the collective bargaining is often about. equally between the two sides. Ledger Independent and has served his That is what is so important. The PRESIDING OFFICER. Without community ever since. This is health care they sacrificed objection, it is so ordered. The Ledger Independent newspaper raises for. It was the health care we Mr. BROWN. I suggest the absence of serves seven counties in northern Ken- promised them. My colleagues know a quorum. tucky and southern Ohio. Through a their stories of hard work and sacrifice. The PRESIDING OFFICER. The series of owners and publishers, the We know these stories because over the clerk will call the roll. paper continues a 150-year tradition of past year, these miners traveled here The senior assistant legislative clerk a local, independent, daily newspaper by the busload. They rode long dis- proceeded to call the roll. in Maysville. tances. They gathered in the heat and Mr. MCCONNELL. Mr. President, I Bob became editor of the paper in in the cold for hours outside this build- ask unanimous consent that the order 1985, calling it ‘‘the best job in the ing to make their voices heard. for the quorum call be rescinded. world.’’ In 1993, he was promoted to They worked decades in the mines— The PRESIDING OFFICER. Without publisher. He oversaw the entire oper- hard back-breaking work. But that objection, it is so ordered. ation and guided the paper into the work had dignity. It was dangerous internet age with the unveiling of f work—work where some of them were Maysville Online. While working full killed on the job, work where many of MORNING BUSINESS time at the paper, Bob also did post- them developed health problems later. Mr. MCCONNELL. Mr. President, I graduate work at Northwestern Uni- Many of them died younger than people ask unanimous consent that the Sen- versity. who dress like we do and have jobs like ate be in a period of morning business, Bob and Missy Mann have never this. Their widows have been denied with Senators permitted to speak stopped working for their neighbors. these pensions and health care. They therein for up to 10 minutes each. Bob further dedicates himself to his clocked in every day, these workers. The PRESIDING OFFICER. Without community, both through his service They knew the conditions they faced. objection, it is so ordered. on the board of directors of the Many of them now suffer from black f Maysville Chamber of Commerce, and lung or other illnesses. They accepted a as the moderator of several important lifetime of hard labor because they val- TRIBUTE TO LARRY CLARK political debates in his area. ued their jobs, they valued their work, Mr. MCCONNELL. Mr. President, for Bob is a great man and a pillar of his and they believed that good-paying the first time in three decades, the community, and I am honored to call union jobs were their tickets to the Kentucky General Assembly began him a friend. I wish him and Missy well middle class. their regular session this month with- in retirement, and I join with countless These miners believed in the cov- out the fiery voice and passionate char- Kentuckians on thanking him for his enant we used to have in this country acter of State Representative Larry service to Maysville.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.038 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S46 CONGRESSIONAL RECORD — SENATE January 4, 2017 TRIBUTE TO LAMAR JACKSON TRIBUTE TO JOE TOLAN I did the same at the beginning of the Mr. MCCONNELL. Mr. President, at 112th, 113th, and 114th Congresses. Mr. MCCONNELL. Mr. President, Today, at the start of the 115th Con- today I wish to offer my congratula- the beginning of this year, one of Lou- isville’s foremost community servants gress, I again call for reform. This is tions to an outstanding young man and something I have done as a member of athlete, the University of Louisville began his much-deserved retirement. I rise today to congratulate Joseph the majority and the minority. Senator Cardinals’ quarterback, Lamar Jack- MERKLEY has worked closely with me son. On December 10 of last year, Cards Tolan, a man of distinction who dedi- cated his life to the people of Louis- on this issue and spoke briefly yester- fans watched with excitement as Jack- day about our efforts. son was awarded the Heisman Memo- ville and Kentucky. Many years ago, I had the pleasure of But we did not start this tradition. It rial Trophy, the first in the history of working alongside Joe. When I served dates back decades. My predecessor, my alma mater. The award is given to as the judge/executive of Jefferson Clinton Anderson, was a leading pro- the most outstanding player in college County, Joe led the county department ponent of what has become known as football, and Jackson surely has earned for human services. I particularly re- the ‘‘constitutional option’’ in the it. member his passion for helping those 1950s and 1960s. Vice President Walter We have known for quite some time around him, and that passion has been Mondale—then a Senator from Min- that Lamar Jackson would be breaking the driving force of his career. And be- nesota—carried on the tradition in the many records. Here are just a few. lieve me, I can tell you, from firsthand 1970s. When Senator MERKLEY and I Jackson was the first player in NCAA experience, that passion is contagious. first joined the Senate, Senator Tom Division I history to pass for 3,300 For the last 30 years, Joe has com- Harkin worked closely with us to help yards and run for 1,500 yards in one sea- mitted himself to the Metro United us carry on the tradition. son. He holds the Atlantic Coastal Con- Way, a Louisville organization that The proposals we have offered to ference, ACC, record for most touch- raises and distributes funds to worthy change the rules at the start of a new downs in a single season with 51. Only causes around the region. Spending the Congress have never been radical. They a sophomore, Jackson is the youngest last 15 years as president and CEO, Joe were changes we were willing to live player ever to win the Heisman Trophy led the effort to raise nearly $30 mil- with whether we were in the majority at 19 years old, and he is the University lion every year to support approxi- or minority. We have offered the same of Louisville’s first ever Heisman Tro- mately 100 organizations. The commu- proposals as Members of the majority phy finalist. The impressive list goes nity support that Joe inspired has led and minority. We believe the Senate is on and on. Metro United Way to be ranked in the broken, and even the minority party It is clear that Lamar Jackson is a top 25 markets nationwide. should want to fix it. truly spectacular athlete. He has However, organizations like Metro Congress had made some progress in earned his spot in the pantheon of col- United Way are measured by so much recent years, but unfortunately, it lege football greats. It is easy to cheer more than just the donations they took unprecedented Republican ob- when the quarterback hurdles a de- raise. True success is counted by the struction to bring it about. Repub- fender to score or runs between some of lives impacted and the good work done. licans blocked nominees to all sorts of the best defenses in the Nation. His With a focus on education, financial positions submitted by President drive and dedication are traits we all stability, and healthy living, Metro Obama, so we took action to change admire, and just wait until you hear United Way impacts thousands of fami- the rules to break through the grid- where it all started. lies across the region every single day. lock. It was unfortunate that Repub- Since joining Metro United Way, Joe In an interview, Jackson said licans precipitated that situation, but has been a major player in the trans- ‘‘[e]verything I do, I do for my moth- the result was for the best. formation of the city of Louisville and er.’’ At an early age, Jackson’s mother, New rules allow for a lower cloture the entire region. Although the organi- Felicia Jones, sparked his interest in threshold for all nominees except those zation is over 100 years old, it is con- football, and she pushed him to be his to the Supreme Court now, and the new stantly adapting to meet today’s chal- best ever since. When Lamar and his Republican President can take advan- lenges in the most effective ways pos- younger brother were just learning the tage of them, just as President Obama sible. With this commitment to excel- game, their mom would put on pads in was able to do for the final years of his lence and a growing network of stra- the backyard and run plays with them. term. tegic partnerships, Metro United Way She became an active part of all of his But no one would argue that Con- proved to be a lasting force for good in teams, all the way to the University of gress or the nomination process has the community. During his tenure as Louisville. He said, ‘‘She would tell me been fixed. Further debate and reform president and CEO, Joe hasn’t just the bad things I did. She wouldn’t real- is needed on many aspects of Senate been a part of this innovation, he has ly tell me the good things I did. And I’d function. been its leader. say ‘All right, Mom. I’ve got to go fix Joe has surely earned his retirement, We believe the Senate should openly it.’’’ but I know many of us are very sorry debate and consider its rules at the Lamar Jackson’s story is just begin- to see him go. He leaves behind an im- start of each Congress, to consider ning. Under the guidance of some of pressive list of accomplishments and changes that can provide commonsense the best coaches in all of college sports an organization well positioned to con- reforms. This ongoing process is the and an athletic director with a stra- tinue his work. I want to extend my ideal way to restore the best traditions tegic vision for the future, the Car- congratulations to Joe on such a suc- of the Senate and allow it to conduct dinals are positioned to make a real cessful career of dedicated leadership the business that the American people impact in college football. With the always with a vision to help everyone expect. Heisman Trophy already on the shelf, reach their fullest potential. We have one goal whether we are in we can only wait and see what Lamar the majority or in the minority: to f Jackson does next year. As an avid fan give the American people the govern- of UofL football, I know I can hardly CHANGING SENATE RULES ment they expect and deserve—a gov- ernment that works. wait. Mr. UDALL. Mr. President, today I I would like to join with Cards fans wish to continue what has become a This is not just about rules. It is across the Nation to congratulate the tradition. At the beginning of the 112th about the norms and traditions of the entire University of Louisville Car- Congress, I took to the Senate floor Senate. dinals football team and staff on an ex- and called for this body to adopt its Neither side is 100 percent pure. Both citing season and especially congratu- rules with a simple majority vote and sides have used the rules for obstruc- late the 2016 Heisman Trophy winner, to amend them so they actually al- tion. No doubt they had their reasons. Lamar Jackson. He has truly made it lowed the body to function as our But I don’t think the American peo- great to be a Louisville Cardinal. Founders intended. ple care about that. They don’t want a

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.032 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S47 history lesson or a lesson in parliamen- nities. His testimony led to important I am equally as inspired by Shelby’s tary procedure. They want a govern- legislation being passed to improve hard work and her commitment to our ment that is fair, that is reasonable, those roads. His efforts not only veterans. Patriotism does indeed run and that works. changed lives, it saved them, and we deep in a State like Arkansas. Now, be- I hope that all my colleagues—and are all grateful. It has been an honor cause of her efforts, the Veterans Hos- especially the new Senators—give seri- and privilege to work with Big John on pital in Little Rock can better serve ous consideration to reform. highway bills. It has been a higher Arkansans who suffer from PTSD. We do not need to win every legisla- honor to be his friend. It is an honor to recognize Shelby tive or nomination vote. But we need John leaves big boots to fill, and I am Gardner as Arkansan of the Week, and to have a real debate and an open proc- confident the Wind River community I am thankful for people like Shelby ess to ensure we are actually the great- will fill those boots and continue his who, using the resources around them, est deliberative body in the world. hard work. work to make others’ lives better.∑ f As we lift up our hearts and celebrate f Big John’s life, we also thank him for ADDITIONAL STATEMENTS his selfless service on behalf of the peo- TRIBUTE TO ARLENE MATHEWS ple of Wyoming. Big John, thank you, ∑ Mr. DAINES. Mr. President, I wish to ∑ REMEMBERING JOHN ‘‘DEPENDS and we will miss you. recognize Arlene Mathews of Helena, ON HIM’’ SMITH f MT, for her 63 years of volunteer serv- ∑ Mr. BARRASSO. Mr. President, TRIBUTE TO SHELBY GARDNER ice at St. Peter’s Hospital. In a basement in 1953, Arlene began today I wish to honor and remember ∑ Mr. COTTON. Mr. President, I would the ‘‘Sock Sew,’’ which makes socks my good friend John Smith. like to recognize Shelby Gardner, of On Saturday, December 31, 2016, we for newborn babies who are born in De- Warren, AK, as this week’s Arkansan of cember at St. Peter’s Hospital to take lost one of Wyoming’s best leaders and the Week, for her work with the Ar- diplomats on the Wind River Reserva- home. kansas Veterans Hospital This year, Arlene and volunteers sit- tion. John Smith was a member of the posttraumatic stress disorder program Northern Arapaho tribe. For 27 years, ting at 20 sewing machines cut, sewed, in Little Rock. and glued 100 large stockings for the he served as the director of the depart- Shelby is a senior at Warren High ment of transportation for the Eastern newborns and another 100 smaller School in Bradley County and is proof stockings for patients at St. Peter’s Shoshone and Northern Arapaho Tribes that you are never too young to give of the Wind River Reservation. Mr. whose Christmas Eve is spent in the back to your community. Shelby want- hospital. This is a wonderful gesture Smith played a major role passing ed to find a way to honor the men and transportation legislation that will that made their Christmas in the hos- women who put their lives on the line pital just a little bit better. Thank save and improve lives on the Wind for our safety: our veterans. Specifi- River Reservation and across tribal you, Arlene, for thinking of those in cally, she wanted to help those vet- the hospital, especially during the communities. erans who suffer from posttraumatic John was a wonderful friend and a Christmas season. stress. I am thrilled to honor our unsung wonderful man. I admired him greatly After learning about the Arkansas hero, Arlene Mathews, for her 63-year for his big heart, his warmth, and his Veterans Hospital posttraumatic stress service to her community.∑ larger than life personality. John cared disorder program, Shelby began to talk deeply about the lives of people who with anyone who would listen about f lived and traveled through the Wind the program—friends and family, her MESSAGES FROM THE PRESIDENT River Reservation. John’s commitment church congregation, civic clubs, and to improving his community’s roads other organizations across Warren and Messages from the President of the can be seen today all over the Wind Bradley County. She told them about United States were communicated to River Reservation. He was a hard her passion for helping veterans, the the Senate by Mr. Pate, one of his sec- worker, innovative and creative. He good work this program does, and how retaries. was always doing more with less. His much it would benefit from additional f jokes and sense of humor always made support. EXECUTIVE MESSAGES REFERRED that hard work a little easier. Indian Her hard work paid off. With the help country did not have a better advocate of a local auctioneer, Shelby organized As in executive session the Presiding or finer person to represent them in a community bake sale auction and Officer laid before the Senate messages Washington, DC. managed to raise $8,000 for the Arkan- from the President of the United Since John’s work ethic and person- sas Veterans Hospital. But Shelby States submitting sundry nominations ality were so big, he naturally lived up wasn’t finished. She and a group of which were referred to the appropriate to his nickname ‘‘Big John’’ in every other volunteers spent hours preparing committees. respect. As a former football and bas- and selling sandwiches at the Bradley (The messages received today are ketball player, you could see Big John County fair and raised an additional printed at the end of the Senate pro- coming from blocks away. $2,000, for a grand total of $10,000 for ceedings.) In 2014, John was in Washington, DC, veterans suffering from posttraumatic f to receive the White House Champions stress. of Change award from the Secretary of A veteran in Shelby’s community MESSAGE FROM THE HOUSE Transportation, Anthony Foxx. Big was struck by her commitment to such At 12:04 p.m., a message from the John was being recognized for bringing a noble cause and in his nomination of House of Representatives, delivered by tribal, State, and local leaders together Shelby wrote: ‘‘Her actions are proof Mrs. Cole, one of its reading clerks, an- to complete construction of the noto- that patriotism runs deep in small nounced that the House has passed the rious 17 Mile Road. When he received town America. She is an exceptional following bills, in which it requests the the award, Big John took off his cow- representative of many young people in concurrence of the Senate: boy hat and placed it on the head of our nation deeply committed to the H.R. 27. An act to amend title 38, United Secretary Foxx. The unforgettable men and women who serve protecting States Code, to require the Secretary of Vet- smile on Big John lit up the room with and defending our nation and our way erans Affairs to retain a copy of any rep- laughter. This special man left a last- of life. Shelby is a shining example of rimand or admonishment received by an em- ing impression on all those who had the caliber of young person this coun- ployee of the Department in the permanent the privilege of working with him. try requires to ensure the survival of record of the employee. H.R. 28. An act to amend title 38, United Last April, John testified before the our nation and our values. She is a fo- States Code, to direct the Secretary of Vet- Senate Committee on Indian Affairs. cused, goal oriented young woman who erans Affairs to adopt and implement a He talked about dangerous roads that is a credit to her family, her church, standard identification protocol for use in were costing lives in tribal commu- her community, her state and nation.’’ the tracking and procurement of biological

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.031 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S48 CONGRESSIONAL RECORD — SENATE January 4, 2017 implants by the Department of Veterans Af- H.R. 28. An act to amend title 38, United titled ‘‘Flumioxazin; Pesticide Tolerances’’ fairs, and for other purposes. States Code, to direct the Secretary of Vet- (FRL No. 9955–45) received during adjourn- The message also announced that the erans Affairs to adopt and implement a ment of the Senate in the Office of the Presi- House has agreed to the following con- standard identification protocol for use in dent of the Senate on December 20, 2016; to the tracking and procurement of biological the Committee on Agriculture, Nutrition, current resolutions, without amend- implants by the Department of Veterans Af- and Forestry. ment: fairs, and for other purposes; to the Com- EC–8. A communication from the Manage- S. Con. Res. 1. Concurrent resolution ex- mittee on Veterans’ Affairs. ment and Program Analyst, Forest Service, tending the life of the Joint Congressional Department of Agriculture, transmitting, f Committee on Inaugural Ceremonies. pursuant to law, the report of a rule entitled S. Con. Res. 2. Concurrent resolution to EXECUTIVE AND OTHER ‘‘National Forest System Land Management provide for the counting on January 6, 2017, COMMUNICATIONS Planning’’ (RIN0596–AD28) received during of the electoral votes for President and Vice adjournment of the Senate in the Office of President of the United States. The following communications were the President of the Senate on December 20, The message further announced that laid before the Senate, together with 2016; to the Committee on Agriculture, Nu- the House has agreed to the following accompanying papers, reports, and doc- trition, and Forestry. uments, and were referred as indicated: EC–9. A communication from the Director concurrent resolution, in which it re- of Defense Procurement and Acquisition Pol- quests the concurrence of the Senate: EC–1. A communication from the Director of the Regulatory Management Division, En- icy, Department of Defense, transmitting, H. Con. Res. 1. Concurrent resolution re- vironmental Protection Agency, transmit- pursuant to law, the report of a rule entitled garding consent to assemble outside the seat ting, pursuant to law, the report of a rule en- ‘‘Defense Federal Acquisition Regulation of government. titled ‘‘Bifenthrin; Pesticide Tolerances for Supplement: New Qualifying Country—Esto- The message also announced that the Emergency Exemptions’’ (FRL No. 9954–47) nia’’ ((RIN0750–AJ18) (DFARS Case 2017– House has agreed to H. Res. 1, resolving received during adjournment of the Senate D001)) received during adjournment of the that Karen L. Haas of the State of in the Office of the President of the Senate Senate in the Office of the President of the Senate on December 15, 2016; to the Com- Maryland, be, and is hereby, chosen on December 14, 2016; to the Committee on Agriculture, Nutrition, and Forestry. mittee on Armed Services. Clerk of the House of Representatives; EC–10. A communication from the Director EC–2. A communication from the Director that Paul D. Irving of the State of of Defense Procurement and Acquisition Pol- of the Regulatory Management Division, En- Florida be, and is hereby, chosen Ser- icy, Department of Defense, transmitting, vironmental Protection Agency, transmit- pursuant to law, the report of a rule entitled geant-at-Arms of the House of Rep- ting, pursuant to law, the report of a rule en- ‘‘Defense Federal Acquisition Regulation resentatives; that Philip George Kiko titled ‘‘Pesticides; Certification of Pesticide Supplement: Contract Financing’’ ((RIN0750– of the State of Ohio be, and is hereby, Applicators’’ (FRL No. 9956–70) received dur- AI90) (DFARS Case 2015–D026)) received dur- chosen Chief Administrative Officer of ing adjournment of the Senate in the Office ing adjournment of the Senate in the Office of the President of the Senate on December the House of Representatives; and that of the President of the Senate on December 14, 2016; to the Committee on Agriculture, Father Patrick J. Conroy of the State 15, 2016; to the Committee on Armed Serv- Nutrition, and Forestry. of Oregon be, and is hereby, chosen ices. Chaplain of the House of Representa- EC–3. A communication from the Adminis- EC–11. A communication from the Alter- trator of the Specialty Crops Program, Agri- tives. nate Federal Register Liaison Officer, Office cultural Marketing Service, Department of of the Secretary, Department of Defense, The message further announced that Agriculture, transmitting, pursuant to law, the House has agreed to H. Res. 2, re- transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Changes to Re- a rule entitled ‘‘Interstate Compact on Edu- solving that the Senate be informed porting and Notification Requirements and cational Opportunity for Military Children’’ that a quorum of the House of Rep- Other Clarifying Changes for Imported (RIN0790–AJ33) received during adjournment resentatives has assembled; that PAUL Fruits, Vegetables, and Specialty Crops’’ of the Senate in the Office of the President D. RYAN, a Representative of the State (Docket No. AMS–SC–16–0083) received dur- of the Senate on December 20, 2016; to the of Wisconsin, has been elected Speaker; ing adjournment of the Senate in the Office Committee on Armed Services. of the President of the Senate on December and that Karen L. Haas, a citizen of the EC–12. A communication from the Chair- 16, 2016; to the Committee on Agriculture, man of the Federal Maritime Commission, State of Maryland, has been elected Nutrition, and Forestry. Clerk of the House of Representatives transmitting, pursuant to law, a report rel- EC–4. A communication from the Sec- ative to a violation of the Antideficiency of the One Hundred Fifteenth Congress. retary of the Commodity Futures Trading Act; to the Committee on Appropriations. The message also announced that Commission, transmitting, pursuant to law, EC–13. A communication from the Assist- pursuant to House Resolution 3, the the report of a rule entitled ‘‘Aggregation of ant Secretary, Legislative Affairs, Depart- Speaker appoints the following Mem- Positions’’ (RIN3038–AD82) received during ment of State, transmitting, pursuant to bers of the House of Representatives to adjournment of the Senate in the Office of law, a report entitled ‘‘Iran-Related Multi- the President of the Senate on December 16, lateral Sanctions Regime Efforts’’ covering join a committee on the part of the 2016; to the Committee on Agriculture, Nu- Senate to notify the President of the the period February 7, 2016 to August 6, 2016; trition, and Forestry. to the Committees on Banking, Housing, and United States that a quorum of each EC–5. A communication from the Chief of Urban Affairs; Finance; and Foreign Rela- House has assembled and that Congress the Planning and Regulatory Affairs Branch, tions. is ready to receive any communication Food and Nutrition Service, Department of EC–14. A communication from the Admin- that he may be pleased to make: Mr. Agriculture, transmitting, pursuant to law, istrator of the Specialty Crops Program, Ag- MCCARTHY of California and Ms. PELOSI the report of a rule entitled ‘‘Supplemental ricultural Marketing Service, Department of of California. Nutrition Assistance Program: Photo Elec- Agriculture, transmitting, pursuant to law, The message further announced that tronic Benefit Transfer (EBT) Card Imple- the report of a rule entitled ‘‘Domestic Dates mentation Requirements’’ (RIN0584–AE45) pursuant to 15 U.S.C. 1024(a), and the Produced or Packed in Riverside County, received during adjournment of the Senate California; Decreased Assessment Rate’’ order of the House of today, the Speak- in the Office of the President of the Senate (Docket No. AMS–SC–16–0084) received dur- er appoints the following Member of on December 20, 2016; to the Committee on ing adjournment of the Senate in the Office the House of Representatives to the Agriculture, Nutrition, and Forestry. of the President of the Senate on December Joint Economic Committee: Mr. TIBERI EC–6. A communication from the Chief of 29, 2016; to the Committee on Agriculture, of Ohio. the Planning and Regulatory Affairs Branch, Nutrition, and Forestry. Food and Nutrition Service, Department of EC–15. A communication from the Admin- f Agriculture, transmitting, pursuant to law, istrator of the Specialty Crops Program, Ag- MEASURES REFERRED the report of a rule entitled ‘‘Enhancing Re- ricultural Marketing Service, Department of tailer Standards in the Supplemental Nutri- The following bills were read the first Agriculture, transmitting, pursuant to law, tion Assistance Program (SNAP)’’ (RIN0584– the report of a rule entitled ‘‘Almonds and the second times by unanimous AE27) received during adjournment of the Grown in California; Increased Assessment consent, and referred as indicated: Senate in the Office of the President of the Rate’’ (Docket No. AMS–SC–16–0045) received H.R. 27. An act to amend title 38, United Senate on December 20, 2016; to the Com- during adjournment of the Senate in the Of- States Code, to require the Secretary of Vet- mittee on Agriculture, Nutrition, and For- fice of the President of the Senate on Decem- erans Affairs to retain a copy of any rep- estry. ber 29, 2016; to the Committee on Agri- rimand or admonishment received by an em- EC–7. A communication from the Director culture, Nutrition, and Forestry. ployee of the Department in the permanent of the Regulatory Management Division, En- EC–16. A communication from the Admin- record of the employee; to the Committee on vironmental Protection Agency, transmit- istrator of the Specialty Crops Program, Ag- Veterans’ Affairs. ting, pursuant to law, the report of a rule en- ricultural Marketing Service, Department of

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.003 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S49 Agriculture, transmitting, pursuant to law, President of the Senate on December 30, 2016; Certain Companies to Meet the Liquidity the report of a rule entitled ‘‘Cherries Grown to the Committee on Banking, Housing, and Coverage Ratio Requirements’’ (RIN7100– in Designated Counties in Washington; In- Urban Affairs. AE39) received during adjournment of the creased Assessment Rate’’ (Docket No. AMS– EC–25. A communication from the Acting Senate in the Office of the President of the SC–16–0077) received during adjournment of Assistant Secretary for Export Administra- Senate on December 28, 2016; to the Com- the Senate in the Office of the President of tion, Bureau of Industry and Security, De- mittee on Banking, Housing, and Urban Af- the Senate on December 29, 2016; to the Com- partment of Commerce, transmitting, pursu- fairs. mittee on Agriculture, Nutrition, and For- ant to law, the report of a rule entitled EC–33. A communication from the Assist- estry. ‘‘Russian Sanctions: Addition of Certain En- ant to the Board of Governors of the Federal EC–17. A communication from the Admin- tities to the Entity List, and Clarification of Reserve System, transmitting, pursuant to istrator of the Specialty Crops Program, Ag- License Review Policy’’ (RIN0694–AH25) re- law, the report of a rule entitled ‘‘Truth in ricultural Marketing Service, Department of ceived during adjournment of the Senate in Lending (Regulation Z)’’ (RIN7100–AA67) re- Agriculture, transmitting, pursuant to law, the Office of the President of the Senate on ceived during adjournment of the Senate in the report of a rule entitled ‘‘Walnuts Grown December 29, 2016; to the Committee on the Office of the President of the Senate on in California; Increased Assessment Rate’’ Banking, Housing, and Urban Affairs. December 28, 2016; to the Committee on (Docket No. AMS–SC–16–0062) received dur- EC–26. A communication from the Asso- Banking, Housing, and Urban Affairs. EC–34. A communication from the Sec- ing adjournment of the Senate in the Office ciate General Counsel for Legislation and retary of the Treasury, transmitting, pursu- of the President of the Senate on December Regulations, Office of the Secretary, Depart- ant to law, a six-month periodic report on 29, 2016; to the Committee on Agriculture, ment of Housing and Urban Development, the national emergency with respect to ter- Nutrition, and Forestry. transmitting, pursuant to law, the report of rorists who threaten to disrupt the Middle EC–18. A communication from the Chief of a rule entitled ‘‘Narrowing the Digital Di- East peace process that was declared in Ex- the Planning and Regulatory Affairs Branch, vide Through Installation of Broadband In- ecutive Order 12947 of January 23, 1995; to the Food and Nutrition Service, Department of frastructure in HUD–Funded New Construc- Committee on Banking, Housing, and Urban Agriculture, transmitting, pursuant to law, tion and Substantial Rehabilitation of Mul- Affairs. the report of a rule entitled ‘‘Supplemental tifamily Rental Housing’’ (RIN2501–AD75) re- EC–35. A communication from the Asso- Nutrition Assistance Program Promotion’’ ceived during adjournment of the Senate in ciate General Counsel for Legislation and (RIN0584–AE44) received during adjournment the Office of the President of the Senate on Regulations, Office of Community Planning of the Senate in the Office of the President December 29, 2016; to the Committee on and Development , Department of Housing of the Senate on December 28, 2016; to the Banking, Housing, and Urban Affairs. and Urban Development, transmitting, pur- Committee on Agriculture, Nutrition, and EC–27. A communication from the Senior suant to law, the report of a rule entitled Forestry. Counsel, Legal Division, Bureau of Consumer ‘‘Modernizing HUD’s Consolidated Planning EC–19. A communication from the Under Financial Protection, transmitting, pursu- Process to Narrow the Digital Divide and In- Secretary of Defense (Comptroller), trans- ant to law, the report of a rule entitled ‘‘Safe crease Resilience to Natural Hazards’’ mitting, pursuant to law, a report relative to Harbors From Liability Under the Fair Debt (RIN2506–AC41) received during adjournment violations of the Antideficiency Act that in- Collection Practices Act for Certain Actions of the Senate in the Office of the President volved fiscal years 2004 and 2005 Operations Taken in Compliance with Mortgage Serv- of the Senate on December 28, 2016; to the and Maintenance, Army, and was assigned icing Rules Under the Real Estate Settle- Committee on Banking, Housing, and Urban case number 15–03; to the Committee on Ap- ment Procedures Act (Regulation X) and the Affairs. propriations. Truth in Lending Act (Regulation Z)’’ EC–36. A communication from the Sec- EC–20. A communication from the Under (RIN3170–AA49) received during adjournment retary of the Treasury, transmitting, pursu- Secretary of Defense (Comptroller), trans- of the Senate in the Office of the President ant to law, a six-month periodic report on mitting, pursuant to law, a semiannual re- of the Senate on December 28, 2016; to the the national emergency that was declared in port entitled, ‘‘Acceptance of Contributions Committee on Banking, Housing, and Urban Executive Order 13405 of June 16, 2006, with for Defense Programs, Projects, and Activi- Affairs. respect to Belarus; to the Committee on ties; Defense Cooperation Account’’ and a EC–28. A communication from the Senior Banking, Housing, and Urban Affairs. semiannual listing of personal property con- Counsel, Legal Division, Bureau of Consumer EC–37. A communication from the Sec- tributed by coalition partners; to the Com- Financial Protection, transmitting, pursu- retary of the Treasury, transmitting, pursu- mittee on Armed Services. ant to law, the report of a rule entitled ant to law, a six-month periodic report on EC–21. A communication from the Assist- ‘‘Amendments to the 22013 Mortgage Rules the national emergency with respect to ant Secretary of Defense (Special Oper- Under the Real Estate Settlement Proce- North Korea that was declared in Executive ations/Low-Intensity Conflict), transmitting, dures’’ (RIN3170–AA49) received during ad- Order 13466 of June 26, 2008; to the Com- pursuant to law, the fiscal year 2014 annual journment of the Senate in the Office of the mittee on Banking, Housing, and Urban Af- report on the Regional Defense Combating President of the Senate on December 28, 2016; fairs. Terrorism Fellowship Program; to the Com- to the Committee on Banking, Housing, and EC–38. A communication from the Chief mittee on Armed Services. Urban Affairs. Counsel, Federal Emergency Management EC–22. A communication from the Director EC–29. A communication from the Sec- Agency, Department of Homeland Security, of Legislative Affairs, Federal Deposit Insur- retary of the Treasury, transmitting, pursu- transmitting, pursuant to law, the report of ance Corporation, transmitting, pursuant to ant to law, a six-month periodic report on a rule entitled ‘‘Suspension of Community law, the report of a rule entitled ‘‘Expanded the national emergency with respect to the Eligibility (Walton County, GA, et al.)’’ ((44 CFR Part 64) (Docket No. FEMA–2016–0002)) Examination Cycle for Certain Small In- Western Balkans that was declared in Execu- received during adjournment of the Senate sured Depository Institutions and U.S. tive Order 13219 of June 26, 2001; to the Com- in the Office of the President of the Senate Branches and Agencies of Foreign Banks’’ mittee on Banking, Housing, and Urban Af- on December 28, 2016; to the Committee on (RIN3064–AE42) received during adjournment fairs. Banking, Housing, and Urban Affairs. of the Senate in the Office of the President EC–30. A communication from the Assist- EC–39. A communication from the Chief of the Senate on December 22, 2016; to the ant to the Board of Governors of the Federal Counsel, Federal Emergency Management Committee on Banking, Housing, and Urban Reserve System, transmitting, pursuant to Agency, Department of Homeland Security, Affairs. law, the report of a rule entitled ‘‘Appraisals transmitting, pursuant to law, the report of EC–23. A communication from the Chief for Higher-Priced Mortgage Loans Exemp- a rule entitled ‘‘Suspension of Community Counsel, Federal Emergency Management tion Threshold’’ (RIN7100–AD90) received Eligibility (McKean County, PA, et al.)’’ ((44 Agency, Department of Homeland Security, during adjournment of the Senate in the Of- CFR Part 64) (Docket No. FEMA–2016–0002)) transmitting, pursuant to law, the report of fice of the President of the Senate on Decem- received during adjournment of the Senate a rule entitled ‘‘Suspension of Community ber 28, 2016; to the Committee on Banking, in the Office of the President of the Senate Eligibility; (Chambers and Harris Counties, Housing, and Urban Affairs. on December 28, 2016; to the Committee on TX, et al.)’’ ((44 CFR Part 64) (Docket No. EC–31. A communication from the Assist- Banking, Housing, and Urban Affairs. FEMA–2016–0002)) during adjournment of the ant to the Board of Governors of the Federal EC–40. A communication from the Counsel, Senate in the Office of the President of the Reserve System, transmitting, pursuant to Legal Division, Bureau of Consumer Finan- Senate on December 30, 2016; to the Com- law, the report of a rule entitled ‘‘Consumer cial Protection, transmitting, pursuant to mittee on Banking, Housing, and Urban Af- Leasing (Regulation M)’’ (RIN3170–AA66) re- law, the report of a rule entitled ‘‘Home fairs. ceived during adjournment of the Senate in Mortgage Disclosure (Regulation C) Adjust- EC–24. A communication from the Chief the Office of the President of the Senate on ment to Asset-Size Exemption Threshold’’ Counsel, Federal Emergency Management December 28, 2016; to the Committee on (12 CFR Part 1003) received during adjourn- Agency, Department of Homeland Security, Banking, Housing, and Urban Affairs. ment of the Senate in the Office of the Presi- transmitting, pursuant to law, the report of EC–32. A communication from the Assist- dent of the Senate on December 20, 2016; to a rule entitled ‘‘National Flood Insurance ant to the Board of Governors of the Federal the Committee on Banking, Housing, and Program (NFIP): Financial Assistance/Sub- Reserve System, transmitting, pursuant to Urban Affairs. sidy Arrangement’’ ((RIN1660–AA86) (Docket law, the report of a rule entitled ‘‘Liquidity EC–41. A communication from the Presi- No. FEMA–2016–0012)) received during ad- Coverage Ratio: Public Disclosure Require- dent of the United States, transmitting, pur- journment of the Senate in the Office of the ments; Extension of Compliance Period for suant to law, a report relative to the

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.010 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S50 CONGRESSIONAL RECORD — SENATE January 4, 2017 issuance of an Executive Order that takes a rule entitled ‘‘Housing Counseling: New Energy, transmitting, pursuant to law, the additional steps to address the increasing Certification Requirements’’ (RIN2502–AI94) report of a rule entitled ‘‘Energy Conserva- use of significant malicious cyber-enabled received during adjournment of the Senate tion Program: Test Procedure for Commer- activities to undermine democratic processes in the Office of the President of the Senate cial Packaged Boilers’’ (RIN1904–AD16) re- or institutions with respect to the national on December 20, 2016; to the Committee on ceived during adjournment of the Senate in emergency originally declared in Executive Banking, Housing, and Urban Affairs. the Office of the President of Senate on De- Order 13694 of April 1, 2015; to the Committee EC–51. A communication from the Director cember 13, 2016; to the Committee on Energy on Banking, Housing, and Urban Affairs. of Legislative Affairs, Federal Deposit Insur- and Natural Resources. EC–42. A communication from the General ance Corporation, transmitting, pursuant to EC–60. A communication from the Assist- Counsel of the Federal Housing Finance law, the report of a rule entitled ‘‘Record- ant General Counsel for Legislation, Regula- Agency, transmitting, pursuant to law, the keeping for Timely Deposit Insurance Deter- tion and Energy Efficiency, Department of report of a rule entitled ‘‘Acquired Member mination’’ (RIN3064–AE33) received during Energy, transmitting, pursuant to law, the Assets’’ (RIN2590–AA80) received during ad- adjournment of the Senate in the Office of report of a rule entitled ‘‘Energy Conserva- journment of the Senate in the Office of the the President of the Senate on December 20, tion Program: Energy Conservation Stand- President of the Senate on December 13, 2016; 2016; to the Committee on Banking, Housing, ards for Residential Dishwashers’’ (RIN1904– to the Committee on Banking, Housing, and and Urban Affairs. AD24) received during adjournment of the Urban Affairs. EC–52. A communication from the Assist- Senate in the Office of the President of Sen- EC–43. A communication from the Asso- ant Secretary for Export Administration, ate on December 13, 2016; to the Committee ciate General Counsel for Legislation and Bureau of Industry and Security, Depart- on Energy and Natural Resources. Regulations, Office of Public and Indian ment of Commerce, transmitting, pursuant EC–61. A communication from the Prin- Housing, Department of Housing and Urban to law, the report of a rule entitled ‘‘Addi- cipal Deputy Assistant Secretary for Fish Development, transmitting, pursuant to law, tion of Certain Persons to the Entity List’’ and Wildlife and Parks, National Park Serv- the report of a rule entitled ‘‘Instituting (RIN0694–AH21) received during adjournment ice, Department of the Interior, transmit- Smoke-Free Public Housing’’ (RIN2577–AC97) of the Senate in the Office of the President ting, pursuant to law, the report of a rule en- received during adjournment of the Senate of the Senate on December 20, 2016; to the titled ‘‘Special Regulations; Areas of the Na- in the Office of the President of the Senate Committee on Banking, Housing, and Urban tional Park System, Cape Hatteras National on December 13, 2016; to the Committee on Affairs. Seashore—Off-Road Vehicle Management’’ Banking, Housing, and Urban Affairs. EC–53. A communication from the Direc- (RIN1024–AE33) received during adjournment EC–44. A communication from the General tor, Office of Management and Budget, Exec- of the Senate in the Office of the President Counsel of the Federal Housing Finance utive Office of the President, transmitting, of the Senate on December 16, 2016; to the Agency, transmitting, pursuant to law, the pursuant to law, a report relative to discre- Committee on Energy and Natural Re- report of a rule entitled ‘‘Federal Home Loan tionary appropriations legislation; to the sources. Bank New Business Activities Final Rule’’ Committee on the Budget. EC–62. A communication from the Assist- ant General Counsel for Legislation, Regula- (RIN2590–AA84) received during adjournment EC–54. A communication from the Assist- tion and Energy Efficiency, Department of of the Senate in the Office of the President ant General Counsel for Legislation, Regula- Energy, transmitting, pursuant to law, the of the Senate on December 14, 2016; to the tion and Energy Efficiency, Department of report of a rule entitled ‘‘Energy Conserva- Committee on Banking, Housing, and Urban Energy, transmitting, pursuant to law, the tion Program: Test Procedures for Cooking Affairs. report of a rule entitled ‘‘Inflation Adjust- EC–45. A communication from the Sec- ment of Civil Monetary Penalties’’ (RIN1990– Products’’ (RIN1904–AC71) received during retary of Commerce, transmitting, pursuant AA46) received during adjournment of the adjournment of the Senate in the Office of the President of Senate on December 16, 2016; to law, the Department of Commerce’s Bu- Senate in the Office of the President of the to the Committee on Energy and Natural Re- reau of Industry and Security Annual Report Senate on December 30, 2016; to the Com- sources. for fiscal year 2016; to the Committee on mittee on Energy and Natural Resources. EC–63. A communication from the General EC–55. A communication from the Assist- Banking, Housing, and Urban Affairs. Counsel, Federal Energy Regulatory Com- EC–46. A communication from the General ant General Counsel for Legislation, Regula- mission, transmitting, pursuant to law, the Counsel of the Federal Housing Finance tion and Energy Efficiency, Department of report of a rule entitled ‘‘Reliability Stand- Agency, transmitting, pursuant to law, the Energy, transmitting, pursuant to law, the ard for Transmission System Planned Per- report of a rule entitled ‘‘Enterprise Duty to report of a rule entitled ‘‘Energy Conserva- formance for Geomagnetic Disturbance Serve Underserved Markets’’ (RIN2590–AA27) tion Program: Test Procedure for Walk-in Events’’ ((RIN1902–AF25 and RIN1902–AF11) received during adjournment of the Senate Coolers and Walk-in Freezers’’ (RIN1904– (Docket Nos. RM16–15–000 and RM15–25–001)) in the Office of the President of the Senate AD72) received during adjournment of the received during adjournment of the Senate on December 14, 2016; to the Committee on Senate in the Office of the President of Sen- in the Office of the President of the Senate Banking, Housing, and Urban Affairs. ate on December 29, 2016; to the Committee on December 20, 2016; to the Committee on EC–47. A communication from the Assist- on Energy and Natural Resources. Energy and Natural Resources. ant Director for Legislative Affairs, Con- EC–56. A communication from the Depart- EC–64. A communication from the Division sumer Financial Protection Bureau, trans- mental Freedom of Information Act Officer, Chief of Regulatory Affairs, Bureau of Land mitting, pursuant to law, the Annual Report Office of the Secretary, Department of the Management, Department of the Interior, of the Consumer Financial Protection Bu- Interior, transmitting, pursuant to law, the transmitting, pursuant to law, the report of reau on College Credit Cards; to the Com- report of a rule entitled ‘‘Freedom of Infor- a rule entitled ‘‘Competitive Processes, mittee on Banking, Housing, and Urban Af- mation Act Regulations’’ (RIN1093–AA21) re- Terms, and Conditions for Leasing Public fairs. ceived during adjournment of the Senate in Lands for Solar and Wind Energy Develop- EC–48. A communication from the Regu- the Office of the President of the Senate on ment and Technical Changes and Correc- latory Specialist of the Legislative and Reg- December 20, 2016; to the Committee on En- tions’’ (RIN1004–AE24) received during ad- ulatory Activities Division, Office of the ergy and Natural Resources. journment of the Senate in the Office of the Comptroller of the Currency, Department of EC–57. A communication from the Division President of the Senate on December 20, 2016; the Treasury, transmitting, pursuant to law, Chief of Regulatory Affairs, Bureau of Land to the Committee on Energy and Natural Re- the report of a rule entitled ‘‘Expanded Ex- Management, Department of the Interior, sources. amination Cycle for Certain Small Insured transmitting, pursuant to law, the report of EC–65. A communication from the Assist- Depository Institutions and U.S. Branches a rule entitled ‘‘Resource Management Plan- ant General Counsel for Legislation, Regula- and Agencies of Foreign Banks’’ (RIN1557– ning’’ (RIN1004–AE39) received during ad- tion and Energy Efficiency, Department of AE01) received during adjournment of the journment of the Senate in the Office of the Energy, transmitting, pursuant to law, the Senate in the Office of the President of the President of the Senate on December 12, 2016; report of a rule entitled ‘‘Procedural Rules Senate on December 16, 2016; to the Com- to the Committee on Energy and Natural Re- for DOE Nuclear Activities’’ (RIN1992–AA52) mittee on Banking, Housing, and Urban Af- sources. received during adjournment of the Senate fairs. EC–58. A communication from the Assist- in the Office of the President of Senate on EC–49. A communication from the Assist- ant General Counsel for Legislation, Regula- December 29, 2016; to the Committee on En- ant Director for Legislative Affairs, Con- tion and Energy Efficiency, Department of ergy and Natural Resources. sumer Financial Protection Bureau, trans- Energy, transmitting, pursuant to law, the EC–66. A communication from the Assist- mitting, pursuant to law, the Semiannual report of a rule entitled ‘‘Energy Conserva- ant General Counsel for Legislation, Regula- Report of the Bureau for the period from tion Program: Test Procedure for tion and Energy Efficiency, Department of April 1, 2016 through September 30, 2016; to Uninterruptible Power Supplies’’ (RIN1904– Energy, transmitting, pursuant to law, the the Committee on Banking, Housing, and AD68) received during adjournment of the report of a rule entitled ‘‘Revision of the De- Urban Affairs. Senate in the Office of the President of Sen- partment of Energy’s Freedom of Informa- EC–50. A communication from the Asso- ate on December 13, 2016; to the Committee tion Act (FOIA) Regulations’’ (RIN1901– ciate General Counsel for Legislation and on Energy and Natural Resources. AB41) received during adjournment of the Regulations, Office of the Secretary, Depart- EC–59. A communication from the Assist- Senate in the Office of the President of Sen- ment of Housing and Urban Development, ant General Counsel for Legislation, Regula- ate on December 29, 2016; to the Committee transmitting, pursuant to law, the report of tion and Energy Efficiency, Department of on Energy and Natural Resources.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.011 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S51 EC–67. A communication from the Counsel, received during adjournment of the Senate titled ‘‘Air Plan Approval; Ohio; Redesigna- Legal Division, Bureau of Consumer Finan- in the Office of the President of the Senate tion of the Columbus, Ohio Area to Attain- cial Protection, transmitting, pursuant to on December 14, 2016; to the Committee on ment of the 2008 Ozone Standard’’ (FRL–9956– law, the report of a rule entitled ‘‘Truth in Environment and Public Works. 59–Region 5) received during adjournment of Lending Act (Regulation Z) Adjustment to EC–76. A communication from the Director the Senate in the Office of the President of Asset-Size Exemption Threshold’’ (12 CFR of the Regulatory Management Division, En- the Senate on December 14, 2016; to the Com- Part 1026) received during adjournment of vironmental Protection Agency, transmit- mittee on Environment and Public Works. the Senate in the Office of the President of ting, pursuant to law, the report of a rule en- EC–84. A communication from the Director the Senate on December 20, 2016; to the Com- titled ‘‘Promulgation of Certain Federal of the Regulatory Management Division, En- mittee on Banking, Housing, and Urban Af- Water Quality Standards Applicable to vironmental Protection Agency, transmit- fairs. Maine’’ ((RIN2040–AF59) (FRL–9952–99–OW)) ting, pursuant to law, the report of a rule en- EC–68. A communication from the Director received during adjournment of the Senate titled ‘‘Air Plan Approval; Michigan; Part 9 of Congressional Affairs, Office of General in the Office of the President of the Senate Miscellaneous Rules’’ (FRL–9956–62–Region 5) Counsel, Nuclear Regulatory Commission, on December 14, 2016; to the Committee on received during adjournment of the Senate transmitting, pursuant to law, the report of Environment and Public Works. in the Office of the President of the Senate a rule entitled ‘‘Increase in the Maximum EC–77. A communication from the Director on December 14, 2016; to the Committee on Amount of Primary Nuclear Liability Insur- of the Regulatory Management Division, En- Environment and Public Works. ance’’ ((RIN3150–AJ71) (NRC–2016–0164)) re- vironmental Protection Agency, transmit- EC–85. A communication from the Eagle ceived during adjournment of the Senate in ting, pursuant to law, the report of a rule en- Program Manager, Fish and Wildlife Service, the Office of the President of the Senate on titled ‘‘Determination of Nonattainment and Department of the Interior, transmitting, December 30, 2016; to the Committee on En- Reclassification of the Houston-Galveston- pursuant to law, the report of a rule entitled vironment and Public Works. Brazoria 2008 8-hour Ozone Nonattainment ‘‘Eagle Permits; Revisions to Regulations for EC–69. A communication from the Director Area; Texas’’ (FRL–9956–08–Region 6) re- Eagle Incidental Take and Take of Eagle of Congressional Affairs, Office of General ceived during adjournment of the Senate in Nests’’ (RIN1018–AY30) received during ad- Counsel, Nuclear Regulatory Commission, the Office of the President of the Senate on journment of the Senate in the Office of the transmitting, pursuant to law, the report of December 14, 2016; to the Committee on En- President of the Senate on December 16, 2016; a rule entitled ‘‘Withdrawal of Regulatory vironment and Public Works. to the Committee on Environment and Pub- Guides 1.3, 1.4, and 1.5’’ (NRC–2016–0246) re- EC–78. A communication from the Director lic Works. ceived during adjournment of the Senate in of the Regulatory Management Division, En- EC–86. A communication from the Direc- the Office of the President of the Senate on vironmental Protection Agency, transmit- tor, Office of Congressional Affairs, Nuclear December 30, 2016; to the Committee on En- ting, pursuant to law, the report of a rule en- Regulatory Agency, transmitting, pursuant vironment and Public Works. titled ‘‘Credit Assistance for Water Infra- to law, the report of a rule entitled ‘‘Fitness EC–70. A communication from the Assist- structure Projects’’ ((RIN2040–AF63) (FRL– for Duty—Operational Program’’ (NUREG– ant Secretary of the Army (Civil Works), 9953–24–OW)) received during adjournment of 0800) received during adjournment of the transmitting, pursuant to law, the 2016 the Senate in the Office of the President of Senate in the Office of the President of the Project Deauthorization list; to the Com- the Senate on December 14, 2016; to the Com- Senate on December 20, 2016; to the Com- mittee on Environment and Public Works. mittee on Environment and Public Works. mittee on Environment and Public Works. EC–71. A communication from the Admin- EC–79. A communication from the Director EC–87. A communication from the Director istrator of the Environmental Protection of the Regulatory Management Division, En- of the Regulatory Management Division, En- Agency, transmitting, pursuant to law, a re- vironmental Protection Agency, transmit- vironmental Protection Agency, transmit- port entitled ‘‘Fiscal Year 2014 Superfund ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Five-Year Review Report to Congress’’; to titled ‘‘Approval and Limited Approval and titled ‘‘Protection of Visibility: Amend- the Committee on Environment and Public Limited Disapproval of Air Quality Imple- ments to Requirements for State Plans’’ Works. mentation Plans; California; Northern ((RIN2060–AS55) (FRL No. 9957–05–OAR)) re- EC–72. A communication from the Director Sonoma County Air Pollution Control Dis- ceived during adjournment of the Senate in of Congressional Affairs, Office of New Reac- trict; Stationary Source Permits; Correcting the Office of the President of the Senate on tors, Nuclear Regulatory Commission, trans- Amendment’’ (FRL–9956–65–Region 9) re- December 20, 2016; to the Committee on En- mitting, pursuant to law, the report of a rule ceived during adjournment of the Senate in vironment and Public Works. entitled ‘‘Changes to Aging Management the Office of the President of the Senate on Guidance for Various Steam Generator Com- December 14, 2016; to the Committee on En- EC–88. A communication from the Director ponents’’ (LR–ISG–2016–01) received during vironment and Public Works. of the Regulatory Management Division, En- adjournment of the Senate in the Office of EC–80. A communication from the Director vironmental Protection Agency, transmit- the President of the Senate on December 12, of the Regulatory Management Division, En- ting, pursuant to law, the report of a rule en- 2016; to the Committee on Environment and vironmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- Public Works. ting, pursuant to law, the report of a rule en- mentation Plans and Designation of Areas EC–73. A communication from the Direc- titled ‘‘Air Plan Approval; TN; Revisions to for Air Quality Planning Purposes; Lou- tor, Office of Congressional Affairs, Nuclear the Knox County Portion of the TN SIP’’ isiana; Redesignation of Baton Rouge 2008 8- Regulatory Agency, transmitting, pursuant (FRL–9956–63–Region 4) received during ad- Hour Ozone Nonattainment Area to Attain- to law, the report of a rule entitled ‘‘Assess- journment of the Senate in the Office of the ment’’ (FRL No. 9956–92–Region 6) received ing the Technical Adequacy of the Advanced President of the Senate on December 14, 2016; during adjournment of the Senate in the Of- Light-Water Reactor Probabilistic Risk As- to the Committee on Environment and Pub- fice of the President of the Senate on Decem- sessment for the Design Certification Appli- lic Works. ber 20, 2016; to the Committee on Environ- cation and Combined License Application’’ EC–81. A communication from the Director ment and Public Works. (DC/COL–ISG–028) received during adjourn- of the Regulatory Management Division, En- EC–89. A communication from the Director ment of the Senate in the Office of the Presi- vironmental Protection Agency, transmit- of the Regulatory Management Division, En- dent of the Senate on December 12, 2016; to ting, pursuant to law, the report of a rule en- vironmental Protection Agency, transmit- the Committee on Environment and Public titled ‘‘Air Plan Approval; Tennessee; Re- ting, pursuant to law, the report of a rule en- Works. gional Haze Progress Report’’ (FRL–9956–90– titled ‘‘Determination of Attainment of the EC–74. A communication from the Director Region 4) received during adjournment of the 2008 Ozone National Ambient Air Quality of the Regulatory Management Division, En- Senate in the Office of the President of the Standards; Eastern San Luis Obispo, Cali- vironmental Protection Agency, transmit- Senate on December 14, 2016; to the Com- fornia’’ (FRL No. 9956–98–Region 9) received ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. during adjournment of the Senate in the Of- titled ‘‘Revisions to the Unregulated Con- EC–82. A communication from the Director fice of the President of the Senate on Decem- taminant Monitoring Rule (UCMR 4) for of the Regulatory Management Division, En- ber 20, 2016; to the Committee on Environ- Public Water Systems and Announcement of vironmental Protection Agency, transmit- ment and Public Works. Public Meeting’’ ((RIN2040–AF49) (FRL–9956– ting, pursuant to law, the report of a rule en- EC–90. A communication from the Director 71–OW)) received during adjournment of the titled ‘‘Air Plan Approval; Ohio; Redesigna- of the Regulatory Management Division, En- Senate in the Office of the President of the tion of the Ohio portion of the Cincinnati, vironmental Protection Agency, transmit- Senate on December 14, 2016; to the Com- Ohio-Kentucky-Indiana Area to Attainment ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. of the 2008 Ozone Standard’’ (FRL–9956–60– titled ‘‘Approval and Promulgation of Air EC–75. A communication from the Director Region 5) received during adjournment of the Quality Implementation Plans; Maryland; of the Regulatory Management Division, En- Senate in the Office of the President of the Control of Volatile Organic Compounds vironmental Protection Agency, transmit- Senate on December 14, 2016; to the Com- Emissions from Fiberglass Boat Manufac- ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. turing Materials’’ (FRL No. 9957–20–Region 3) titled ‘‘Reclassification of the Sheboygan, EC–83. A communication from the Director received during adjournment of the Senate Wisconsin Area to Moderate Nonattainment of the Regulatory Management Division, En- in the Office of the President of the Senate for the 2008 Ozone National Ambient Air vironmental Protection Agency, transmit- on December 20, 2016; to the Committee on Quality Standards’’ (FRL–9956–95–Region 5) ting, pursuant to law, the report of a rule en- Environment and Public Works.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.012 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S52 CONGRESSIONAL RECORD — SENATE January 4, 2017 EC–91. A communication from the Director Branch, Bureau of Customs and Border Pro- Changes Made to comply with the Final Tan- of the Regulatory Management Division, En- tection, Department of Homeland Security, gible Property Regulations’’ (Notice 2017–6) vironmental Protection Agency, transmit- transmitting, pursuant to law, the report of received during adjournment of the Senate ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Importations of Certain Ve- in the Office of the President of the Senate titled ‘‘Approval and Limited Approval and hicles and Engines Subject to Federal Anti- on December 22, 2016; to the Committee on Limited Disapproval of California State Im- pollution Emission Standards’’ (RIN1515– Finance. plementation Plan Revisions; Butte County AE11) received during adjournment of the EC–108. A communication from the Chief of Air Quality Management District; Sta- Senate in the Office of the President of the the Publications and Regulations Branch, In- tionary Source Permits’’ (FRL No. 9955–16– Senate on December 20, 2016; to the Com- ternal Revenue Service, Department of the Region 9) received during adjournment of the mittee on Finance. Treasury, transmitting, pursuant to law, the Senate in the Office of the President of the EC–100. A communication from the Chief of report of a rule entitled ‘‘Premium Tax Cred- Senate on December 20, 2016; to the Com- the Publications and Regulations Branch, In- it Regulation VI’’ ((RIN1545–BN50) (TD 9804)) mittee on Environment and Public Works. ternal Revenue Service, Department of the received during adjournment of the Senate EC–92. A communication from the Director Treasury, transmitting, pursuant to law, the in the Office of the President of the Senate of the Regulatory Management Division, En- report of a rule entitled ‘‘Applicable Federal on December 20, 2016; to the Committee on vironmental Protection Agency, transmit- Rates—January 2017’’ (Rev. Rul. 2017–2) re- Finance. ting, pursuant to law, the report of a rule en- ceived during adjournment of the Senate in EC–109. A communication from the Chief of titled ‘‘Air Plan Approval; Mississippi; Inter- the Office of the President of the Senate on the Publications and Regulations Branch, In- state Transport (Prongs 1 and 2) for the 2010 December 20, 2016; to the Committee on Fi- ternal Revenue Service, Department of the 1-hour NO2 Standard’’ (FRL No. 9957–09–Re- nance. Treasury, transmitting, pursuant to law, the gion 4) received during adjournment of the EC–101. A communication from the Chief of report of a rule entitled ‘‘Guidance Regard- Senate in the Office of the President of the the Publications and Regulations Branch, In- ing Predecessors and Successors Under Sec- Senate on December 20, 2016; to the Com- ternal Revenue Service, Department of the tion 355(e); Limitation on Gain Recognition; mittee on Environment and Public Works. Treasury, transmitting, pursuant to law, the Guidance Under Section 355(f)’’ ((RIN1545– EC–93. A communication from the Director report of a rule entitled ‘‘Revenue Ruling: BN18)(TD 9805)) received during adjournment of the Regulatory Management Division, En- 2016 Base Period T-Bill Rate’’ (Rev. Rul. of the Senate in the Office of the President vironmental Protection Agency, transmit- 2017–01) received during adjournment of the of the Senate on December 20, 2016; to the ting, pursuant to law, the report of a rule en- Senate in the Office of the President of the Committee on Finance. titled ‘‘Air Plan Approval; MA; Infrastruc- Senate on December 22, 2016; to the Com- EC–110. A communication from the Chief of ture State Implementation Plan Require- mittee on Finance. the Publications and Regulations Branch, In- ments’’ (FRL No. 9952–94–Region 1) received EC–102. A communication from the Chief of ternal Revenue Service, Department of the during adjournment of the Senate in the Of- the Publications and Regulations Branch, In- Treasury, transmitting, pursuant to law, the fice of the President of the Senate on Decem- ternal Revenue Service, Department of the report of a rule entitled ‘‘Treatment of Cer- ber 20, 2016; to the Committee on Environ- Treasury, transmitting, pursuant to law, the tain Transfers of Property to Foreign Cor- ment and Public Works. report of a rule entitled ‘‘Medicare Program; porations’’ ((RIN1545–BL87)(TD 9803)) re- EC–94. A communication from the Director Conditions for Coverage for End-Stage Renal ceived during adjournment of the Senate in of the Regulatory Management Division, En- Disease Facilities—Third Party Payment’’ the Office of the President of the Senate on vironmental Protection Agency, transmit- ((RIN0938–AT11)(CMS–3337–IFC)) received December 20, 2016; to the Committee on Fi- ting, pursuant to law, the report of a rule en- during adjournment of the Senate in the Of- nance. EC–111. A communication from the Chief of titled ‘‘Addition of a Subsurface Intrusion fice of the President of the Senate on Decem- Component to the Hazard Ranking System’’ the Publications and Regulations Branch, In- ber 13, 2016; to the Committee on Finance. ternal Revenue Service, Department of the ((RIN2050–AG67) (FRL No. 9956–58–OLEM)) re- EC–103. A communication from the Chief of Treasury, transmitting, pursuant to law, the ceived during adjournment of the Senate in the Publications and Regulations Branch, In- report of a rule entitled ‘‘Treatment of Cer- the Office of the President of the Senate on ternal Revenue Service, Department of the tain Domestic Entities Disregarded as Sepa- December 20, 2016; to the Committee on En- Treasury, transmitting, pursuant to law, the rate from Their Owners as Corporations for vironment and Public Works. report of a rule entitled ‘‘Eligibility for Ex- EC–95. A communication from the Director Purposes of Section 6038A’’ ((RIN1545–BM94) emption from User Fee Requirement for Em- of the Regulatory Management Division, En- (TD 9796)) received during adjournment of ployee Plans Determination Letter Applica- vironmental Protection Agency, transmit- the Senate in the Office of the President of tions Filed on or After January 1, 2017’’ (No- ting, pursuant to law, the report of a rule en- the Senate on December 20, 2016; to the Com- tice 2017–1) received during adjournment of titled ‘‘Significant New Use Rules on Certain mittee on Finance. Chemical Substances; Technical Correction’’ the Senate in the Office of the President of EC–112. A communication from the Chief of ((RIN2070–AB27) (FRL No. 9956–13)) received the Senate on December 20, 2016; to the Com- the Publications and Regulations Branch, In- during adjournment of the Senate in the Of- mittee on Finance. ternal Revenue Service, Department of the EC–104. A communication from the Chief of fice of the President of the Senate on Decem- Treasury, transmitting, pursuant to law, the the Publications and Regulations Branch, In- ber 20, 2016; to the Committee on Environ- report of a rule entitled ‘‘Disclosures of Re- ternal Revenue Service, Department of the ment and Public Works. turn Information Reflected on Returns to Of- EC–96. A communication from the Director Treasury, transmitting, pursuant to law, the ficers and Employees of the Department of of the Regulatory Management Division, En- report of a rule entitled ‘‘Beginning of Con- Commerce for Certain Statistical Purposes vironmental Protection Agency, transmit- struction for Sections 45 and 48’’ (Notice and Related Activities’’ ((RIN1545–BN64) (TD ting, pursuant to law, the report of a rule en- 2017–04) received during adjournment of the 9802)) received during adjournment of the titled ‘‘Determination of Attainment of the Senate in the Office of the President of the Senate in the Office of the President of the 2008 Ozone National Ambient Air Quality Senate on December 20, 2016; to the Com- Senate on December 14, 2016; to the Com- Standards; Mariposa County, California’’ mittee on Finance. mittee on Finance. (FRL No. 9956–66–Region 9) received during EC–105. A communication from the Chief of EC–113. A communication from the Chief of adjournment of the Senate in the Office of the Publications and Regulations Branch, In- the Publications and Regulations Branch, In- the President of the Senate on December 20, ternal Revenue Service, Department of the ternal Revenue Service, Department of the 2016; to the Committee on Environment and Treasury, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the Public Works. report of a rule entitled ‘‘2016 Required report of a rule entitled ‘‘Issue Price Defini- EC–97. A communication from the Sec- Amendments List for Qualified Retirement tion for Tax-Exempt Bonds’’ ((RIN1545–BM46) retary of Transportation, transmitting, pur- Plans’’ (Notice 2016–80) received during ad- (TD 9801)) received during adjournment of suant to law, a report entitled ‘‘2015 Status journment of the Senate in the Office of the the Senate in the Office of the President of of the Nation’s Highways, Bridges, and Tran- President of the Senate on December 20, 2016; the Senate on December 14, 2016; to the Com- sit: Conditions and Performance’’; to the to the Committee on Finance. mittee on Finance. Committee on Environment and Public EC–106. A communication from the Chief of EC–114. A communication from the Direc- Works. the Publications and Regulations Branch, In- tor, Office of Regulations and Reports Clear- EC–98. A communication from the Chief of ternal Revenue Service, Department of the ance, Social Security Administration, trans- the Trade and Commercial Regulations Treasury, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule Branch, Bureau of Customs and Border Pro- report of a rule entitled ‘‘Standard Mileage entitled ‘‘Implementation of the NICS Im- tection, Department of Homeland Security, Rate’’ (Notice 2016–79) received during ad- provement Amendments Act of 2007’’ transmitting, pursuant to law, the report of journment of the Senate in the Office of the (RIN0960–AH95) received during adjournment a rule entitled ‘‘Toxic Substance Control Act President of the Senate on December 20, 2016; of the Senate in the Office of the President Chemical Substance Import Certification to the Committee on Finance. of the Senate on December 20, 2016; to the Process Revisions’’ (RIN1515–AE13) received EC–107. A communication from the Chief of Committee on Finance. during adjournment of the Senate in the Of- the Publications and Regulations Branch, In- EC–115. A communication from the Direc- fice of the President of the Senate on Decem- ternal Revenue Service, Department of the tor, Office of Regulations and Reports Clear- ber 20, 2016; to the Committee on Finance. Treasury, transmitting, pursuant to law, the ance, Social Security Administration, trans- EC–99. A communication from the Chief of report of a rule entitled ‘‘Extension of Eligi- mitting, pursuant to law, the report of a rule the Trade and Commercial Regulations bility Rule Waivers for Certain Automatic entitled ‘‘Ensuring Program Uniformity at

VerDate Sep 11 2014 02:27 Apr 13, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD17\JANUARY\S04JA7.REC S04JA7 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 4, 2017 CONGRESSIONAL RECORD — SENATE S53 the Hearing and Appeals Council Levels of from terrorists and violent extremists and the President of the Senate on December 29, the Administrative Review Process’’ Presidential Determination No. 2014–13 rel- 2016; to the Committee on Health, Education, (RIN0960–AH71) received during adjournment ative to defense services to France for con- Labor, and Pensions. of the Senate in the Office of the President tinued support efforts in Mali, Niger, and EC–133. A communication from the Assist- of the Senate on December 15, 2016; to the Chad; to the Committee on Foreign Rela- ant General Counsel for Regulatory Affairs, Committee on Finance. tions. Pension Benefit Guaranty Corporation, EC–116. A communication from the Regula- EC–125. A communication from the Assist- transmitting, pursuant to law, the report of tions Coordinator, Administration for Chil- ant Attorney General, Office of Legislative a rule entitled ‘‘Benefits Payable in Termi- dren and Families, Department of Health Affairs, Department of Justice, transmit- nated Single-Employer Plans; Interest As- and Human Services, transmitting, pursuant ting, pursuant to law, a report entitled ‘‘Re- sumptions for Valuing and Paying Benefits’’ to law, the report of a rule entitled ‘‘Flexi- port of the Attorney General to the Congress (29 CFR Part 4022) received during adjourn- bility, Efficiency, and Modernization in of the United States on the Administration ment of the Senate in the Office of the Presi- Child Support Enforcement Programs’’ of the Foreign Agents Registration Act of dent of the Senate on December 29, 2016; to (RIN0970–AC50 and RIN0938–AR92) received 1938, as amended, for the six months ending the Committee on Health, Education, Labor, during adjournment of the Senate in the Of- December 31, 2015’’; to the Committee on and Pensions. fice of the President of the Senate on Decem- Foreign Relations. EC–134. A communication from the Assist- ber 20, 2016; to the Committee on Finance. EC–126. A communication from the Assist- ant General Counsel for Regulatory Affairs, EC–117. A communication from the Regula- ant Secretary, Legislative Affairs, Depart- Pension Benefit Guaranty Corporation, tions Coordinator, Administration for Chil- ment of State, transmitting, pursuant to transmitting, pursuant to law, the report of dren and Families, Department of Health law, a report relative to section 36(c) and a rule entitled ‘‘Allocation of Assets in Sin- and Human Services, transmitting, pursuant 36(d) of the Arms Export Control Act (DDTC gle-Employer Plans; Interest Assumptions to law, the report of a rule entitled ‘‘Adop- 16–102); to the Committee on Foreign Rela- for Valuing Benefits’’ (29 CFR Part 4044) re- tion and Foster Care Analysis and Reporting tions. ceived during adjournment of the Senate in System’’ (RIN0970–AC47) received during ad- EC–127. A communication from the Assist- the Office of the President of the Senate on journment of the Senate in the Office of the ant Secretary, Legislative Affairs, Depart- December 29, 2016; to the Committee on President of the Senate on December 13, 2016; ment of State, transmitting, pursuant to Health, Education, Labor, and Pensions. to the Committee on Finance. law, a report relative to the Chemical Weap- EC–135. A communication from the Sec- EC–118. A communication from the Chief of ons Convention and the Australia Group; to retary of Health and Human Services, trans- the Publications and Regulations Branch, In- the Committee on Foreign Relations. mitting, pursuant to law, the report of a pe- ternal Revenue Service, Department of the EC–128. A communication from the Assist- tition to add workers who were employed at Treasury, transmitting, pursuant to law, the ant Attorney General, Office of Legislative the Westinghouse Electric Corporation in report of a rule entitled ‘‘Total Loss-Absorb- Affairs, Department of Justice, transmit- Bloomfield, New Jersey, to the Special Expo- ing Capacity Instruments’’ (Rev. Proc. 2017– ting, pursuant to law, a report entitled ‘‘Re- sure Cohort; to the Committee on Health, 12) received during adjournment of the Sen- port of the Attorney General to the Congress Education, Labor, and Pensions. ate in the Office of the President of the Sen- of the United States on the Administration EC–136. A communication from the Sec- ate on December 20, 2016; to the Committee of the Foreign Agents Registration Act of retary of Health and Human Services, trans- on Finance. 1938, as amended, for the six months ending mitting, pursuant to law, the report of a pe- EC–119. A communication from the Attor- December 31, 2015’’; to the Committee on tition to add workers who were employed at ney, International Trade Administration, Foreign Relations. the Bliss and Laughlin Steel site in Buffalo, Department of Commerce, transmitting, pur- EC–129. A communication from the Regula- New York, to the Special Exposure Cohort; suant to law, the report of a rule entitled tions Coordinator, Centers for Medicare and to the Committee on Health, Education, ‘‘Correction to Applicability Date for Modi- Medicaid Services, Department of Health Labor, and Pensions. fication of Regulations Regarding Price Ad- and Human Services, transmitting, pursuant EC–137. A communication from the Sec- justments in Antidumping Duty Pro- to law, the report of a rule entitled ‘‘Patient retary of Health and Human Services, trans- ceedings’’ (RIN0625–AB02) received during ad- Protection and Affordable Care Act; HHS No- mitting, pursuant to law, the report of a pe- journment of the Senate in the Office of the tice of Benefit Payment Parameters for 2018; tition to add workers who were employed at President of the Senate on December 15, 2016; Amendments to Special Enrollment Periods the Blockson Chemical Company site in Jo- to the Committee on Finance. and the Consumer Operated and Oriented liet, Illinois, to the Special Exposure Cohort; EC–120. A communication from the Assist- Plan Program’’ ((RIN0938–AS95 and RIN0938– to the Committee on Health, Education, ant Secretary for Legislation, Department of AS87) (CMS–9934–F)) received during ad- Labor, and Pensions. Health and Human Services, transmitting, journment of the Senate in the Office of the EC–138. A communication from the Direc- pursuant to law, a report entitled ‘‘Report to President of the Senate on December 16, 2016; tor of Regulations and Policy Management Congress: Results and Performance of the to the Committee on Health, Education, Staff, Food and Drug Administration, De- Hospital Value-Based Purchasing Program’’; Labor, and Pensions. partment of Health and Human Services, to the Committee on Finance. EC–130. A communication from the Direc- transmitting, pursuant to law, the report of EC–121. A communication from the Assist- tor of Regulations and Policy Management a rule entitled ‘‘Food Additives Permitted in ant Secretary, Legislative Affairs, Depart- Staff, Food and Drug Administration, De- Feed and Drinking Water of Animals; Feed ment of State, transmitting, pursuant to partment of Health and Human Services, Grade Sodium Formate’’ (Docket No. FDA– law, the report of a rule entitled ‘‘Amend- transmitting, pursuant to law, the report of 2015–F–4282) received during adjournment of ment to the International Traffic in Arms a rule entitled ‘‘Refuse to Accept Procedures the Senate in the Office of the President of Regulations: Revision of U.S. Munitions List for Premarket Tobacco Product Submis- the Senate on December 29, 2016; to the Com- Category XV’’ (RIN1400–AD33) received dur- sions’’ (Docket No. FDA–2016–N–1555) re- mittee on Health, Education, Labor, and ing adjournment of the Senate in the Office ceived during adjournment of the Senate in Pensions. of the President of the Senate on December the Office of the President of the Senate on EC–139. A communication from the Direc- 30, 2016; to the Committee on Foreign Rela- December 30, 2016; to the Committee on tor of Regulations and Policy Management tions. Health, Education, Labor, and Pensions. Staff, Food and Drug Administration, De- EC–122. A communication from the Assist- EC–131. A communication from the Assist- partment of Health and Human Services, ant Legal Adviser for Treaty Affairs, Depart- ant Secretary for Occupational Safety and transmitting, pursuant to law, the report of ment of State, transmitting, pursuant to the Health, Department of Labor, transmitting, a rule entitled ‘‘Postmarketing Safety Re- Case-Zablocki Act, 1 U.S.C. 112b, as amended, pursuant to law, the report of a rule entitled porting for Combination Products’’ the report of the texts and background state- ‘‘Procedures for Handling Retaliation Com- ((RIN0910–AF82) (Docket No. FDA–2008–N– ments of international agreements, other plaints Under Section 31307 of the Moving 0424)) received during adjournment of the than treaties (List 2016–0178—2016–0182); to Ahead for Progress in the 21st Century Act Senate in the Office of the President of the the Committee on Foreign Relations. (MAP–21)’’ (RIN1218–AC88) received during Senate on December 28, 2016; to the Com- EC–123. A communication from the Assist- adjournment of the Senate in the Office of mittee on Health, Education, Labor, and ant Legal Adviser for Treaty Affairs, Depart- the President of the Senate on December 28, Pensions. ment of State, transmitting, pursuant to the 2016; to the Committee on Health, Education, EC–140. A communication from the Assist- Case-Zablocki Act, 1 U.S.C. 112b, as amended, Labor, and Pensions. ant Secretary, Employee Benefits Security the report of the texts and background state- EC–132. A communication from the Deputy Administration, Department of Labor, trans- ments of international agreements, other Assistant Secretary, Employee Benefits Se- mitting, pursuant to law, the report of a rule than treaties (List 2016–0169—2016–0177); to curity Administration, Department of Labor, entitled ‘‘Claims Procedure for Plans Pro- the Committee on Foreign Relations. transmitting, pursuant to law, the report of viding Disability Benefits’’ (RIN1210–AB39) EC–124. A communication from the Direc- a rule entitled ‘‘Interpretive Bulletin Relat- received during adjournment of the Senate tor, Defense Security Cooperation Agency, ing to the Exercise of Shareholder Rights in the Office of the President of the Senate Department of Defense, transmitting, pursu- and Written Statements of Investment Pol- on December 20, 2016; to the Committee on ant to law, the report of Presidential Deter- icy, Including Proxy Voting Policies or Health, Education, Labor, and Pensions. mination No. 2013–06 relative to defense serv- Guidelines’’ (RIN1210–AB78) received during EC–141. A communication from the Regula- ices to France in their efforts to secure Mali adjournment of the Senate in the Office of tions Coordinator, Division of Select Agents

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.014 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S54 CONGRESSIONAL RECORD — SENATE January 4, 2017 and Toxins, Centers for Disease Control and pursuant to law, a report relative to Thefts, Department of Labor, transmitting, pursu- Prevention, transmitting, pursuant to law, Losses, or Releases of Select Agents and ant to law, the report of a rule entitled ‘‘Ap- the report of a rule entitled ‘‘World Trade Toxins for Calendar Year 2015; to the Com- prenticeship Programs: Equal Employment Center Health Program; Amendments to mittee on Health, Education, Labor, and Opportunity’’ (RIN1205–AB59) received dur- Definitions, Appeals, and Other Require- Pensions. ing adjournment of the Senate in the Office ments’’ (RIN0920–AA56, RIN0920–AA44, EC–150. A communication from the Assist- of the President of the Senate on December RIN0920–AA48, and RIN0920–AA50) received ant Secretary for Legislation, Department of 20, 2016; to the Committee on Health, Edu- during adjournment of the Senate in the Of- Health and Human Services, transmitting, cation, Labor, and Pensions. fice of the President of the Senate on Decem- pursuant to law, a report entitled ‘‘Report to EC–158. A communication from the Assist- ber 13, 2016; to the Committee on Health, Congress on Coordination of Federal HIV ant Secretary for Occupational Safety and Education, Labor, and Pensions. Programs for Fiscal Years 2014–2015’’; to the Health, Department of Labor, transmitting, EC–142. A communication from the Direc- Committee on Health, Education, Labor, and pursuant to law, the report of a rule entitled tor of Regulations and Policy Management Pensions. ‘‘Clarification of Employer’s Continuing Ob- Staff, Food and Drug Administration, De- EC–151. A communication from the Regula- ligation To Make and Maintain an Accurate partment of Health and Human Services, tions Coordinator, Division of Select Agents Record of Each Recordable Injury and Ill- transmitting, pursuant to law, the report of and Toxins, Centers for Disease Control and ness’’ (RIN1218–AC84) received during ad- a rule entitled ‘‘Requirements for Foreign Prevention, transmitting, pursuant to law, journment of the Senate in the Office of the and Domestic Establishment Registration the report of a rule entitled ‘‘World Trade President of the Senate on December 20, 2016; and Listing for Human Drugs, Including Center Health Program; Amendments to to the Committee on Health, Education, Drugs That Are Regulated Under a Biologics Definitions, Appeals, and Other Require- Labor, and Pensions. License Application, and Animal Drugs; Cor- ments’’ (RIN0920–AA56, RIN0920–AA44, EC–159. A communication from the Direc- rection’’ ((RIN0910–AA49) (Docket No. FDA– RIN0920–AA48, and RIN0920–AA50) received tor of Regulations and Policy Management 2005–N–0464)) received during adjournment of during adjournment of the Senate in the Of- Staff, Food and Drug Administration, De- the Senate in the Office of the President of fice of the President of the Senate on Decem- partment of Health and Human Services, the Senate on December 14, 2016; to the Com- ber 16, 2016; to the Committee on Health, transmitting, pursuant to law, the report of mittee on Health, Education, Labor, and Education, Labor, and Pensions. a rule entitled ‘‘Food Labeling: Health Pensions. EC–152. A communication from the Regula- Claims; Dietary Saturated Fat and Choles- EC–143. A communication from the Sec- tions Coordinator, Office of the Assistant terol and Risk of Coronary Heart Disease’’ retary of Education, transmitting, pursuant Secretary for Health, Department of Health ((RIN0910–AH43) (Docket No. FDA–2013–P– to law, the report of a rule entitled ‘‘Title I— and Human Services, transmitting, pursuant 0047)) received in the Office of the President Improving the Academic Achievement of the to law, the report of a rule entitled ‘‘Compli- of the Senate on December 20, 2016; to the Disadvantaged—Academic Assessments’’ ance with Title X Requirements by Project Committee on Health, Education, Labor, and (RIN1810–AB32) received in the Office of the Recipients in Selecting Subrecipients’’ Pensions. President pro tempore of the Senate; to the (RIN0937–AA04) received during adjournment EC–160. A communication from the Direc- Committee on Health, Education, Labor, and of the Senate in the Office of the President tor of Regulations and Policy Management Pensions. of the Senate on December 16, 2016; to the Staff, Food and Drug Administration, De- EC–144. A communication from the Sec- Committee on Health, Education, Labor, and partment of Health and Human Services, retary of Education, transmitting, pursuant Pensions. transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Pro- EC–153. A communication from the Regula- a rule entitled ‘‘General Hospital and Per- gram Integrity and Improvement’’ (RIN1810– tions Coordinator, Administration for Com- sonal Use Devices: Renaming of Pediatric AD20) received in the Office of the President munity Living, Department of Health and Hospital Bed Classification and Designation pro tempore of the Senate; to the Committee Human Services, transmitting, pursuant to of Special Controls for Pediatric Medical on Health, Education, Labor, and Pensions. law, the report of a rule entitled ‘‘State Crib; Classification of Medical Bassinet’’ EC–145. A communication from the Sec- Long-Term Care Ombudsman Programs’’ (Docket No. FDA–2015–N–0701) received dur- retary of Education, transmitting, pursuant (RIN0985–AA08) received during adjournment ing adjournment of the Senate in the Office to law, the report of a rule entitled ‘‘Elemen- of the Senate in the Office of the President of the President of the Senate on December tary and Secondary Education Act of 1965, As of the Senate on December 20, 2016; to the 20, 2016; to the Committee on Health, Edu- Amended By the Every Student Succeeds Committee on Health, Education, Labor, and cation, Labor, and Pensions. Act—Innovative Assessment Demonstration Pensions. EC–161. A communication from the Direc- Authority’’ (RIN1810–AB31) received in the EC–154. A communication from the Direc- tor of Regulations and Policy Management Office of the President pro tempore of the tor of Regulations and Policy Management Staff, Food and Drug Administration, De- Senate; to the Committee on Health, Edu- Staff, Food and Drug Administration, De- partment of Health and Human Services, cation, Labor, and Pensions. partment of Health and Human Services, transmitting, pursuant to law, the report of EC–146. A communication from the Assist- transmitting, pursuant to law, the report of a rule entitled ‘‘Banned Devices; Powdered ant Secretary for Legislation, Department of a rule entitled ‘‘Amendments to Accredita- Surgeon’s Gloves, Powdered Patient Exam- Health and Human Services, transmitting, tion of Third-Party Certification Bodies to ination Gloves, and Absorbable Powder for pursuant to law, a report entitled ‘‘2012 and Conduct Food Safety Audits and to Issue Lubricating a Surgeon’s Glove’’ ((RIN0910– 2014 Regional Partnership Grants to Increase Certifications to Provide for the User Fee AH02) (Docket No. FDA–2015–N–5017)) re- the Well-Being of and to Improve the Perma- Program’’ ((RIN0910–AH23) (Docket No. FDA– ceived during adjournment of the Senate in nency Outcomes for Children Affected by 2011–N–0146)) received during adjournment of the Office of the President of the Senate on Substance Abuse: Third Annual Report to the Senate in the Office of the President of December 20, 2016; to the Committee on Congress’’; to the Committee on Health, the Senate on December 16, 2016; to the Com- Health, Education, Labor, and Pensions. Education, Labor, and Pensions. mittee on Health, Education, Labor, and EC–162. A communication from the Sec- EC–147. A communication from the Deputy Pensions. retary of Education, transmitting, pursuant Assistant General Counsel for Regulatory EC–155. A communication from the Regula- to law, the report of a rule entitled ‘‘Assist- Services, Office of Postsecondary Education, tions Coordinator, Administration for Chil- ance to States for the Education of Children Department of Education, transmitting, pur- dren and Families, Department of Health with Disabilities; Preschool Grants for Chil- suant to law, the report of a rule entitled and Human Services, transmitting, pursuant dren with Disabilities’’ ((RIN1820–AB73) ‘‘Program Integrity and Improvement’’ to law, the report of a rule entitled ‘‘Run- (Docket ID ED–2015–OSERS–0132)) received in (RIN1840–AD20) received during adjournment away and Homeless Youth’’ (RIN0970–AC43) the Office of the President pro tempore of of the Senate in the Office of the President received during adjournment of the Senate the Senate; to the Committee on Health, of the Senate on December 13, 2016; to the in the Office of the President of the Senate Education, Labor, and Pensions. Committee on Health, Education, Labor, and on December 20 , 2016; to the Committee on EC–163. A communication from the Board Pensions. Health, Education, Labor, and Pensions. Members, Railroad Retirement Board, trans- EC–148. A communication from the Regula- EC–156. A communication from the Assist- mitting, pursuant to law, the Board’s Per- tions Coordinator, Office of the Assistant ant Secretary, Employee Benefits Security formance and Accountability Report for fis- Secretary for Public Affairs, Department of Administration, Department of Labor, trans- cal year 2016, including the Office of Inspec- Health and Human Services, transmitting, mitting, pursuant to law, the report of a rule tor General’s Auditor’s Report; to the Com- pursuant to law, the report of a rule entitled entitled ‘‘Savings Arrangements Established mittee on Homeland Security and Govern- ‘‘Health and Human Services Grants Regula- by Qualified State Political Subdivisions for mental Affairs. tion’’ (RIN0991–AC06) received during ad- Non-Governmental Employees’’ (RIN1210– EC–164. A communication from the Senior journment of the Senate in the Office of the AB76) received during adjournment of the Procurement Executive, Office of Acquisi- President of the Senate on December 13, 2016; Senate in the Office of the President of the tion Policy, General Services Administra- to the Committee on Health, Education, Senate on December 20, 2016; to the Com- tion, transmitting, pursuant to law, the re- Labor, and Pensions. mittee on Health, Education, Labor, and port of a rule entitled ‘‘Federal Acquisition EC–149. A joint communication from the Pensions. Regulation; Payment of Subcontractors’’ Secretary of Agriculture and the Secretary EC–157. A communication from the Assist- ((RIN9000–AM98) (FAC 2005–94)) received dur- of Health and Human Services, transmitting, ant Secretary for Employment and Training, ing adjournment of the Senate in the Office

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.015 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S55 of the President of the Senate on December titled ‘‘Post-Employment Conflict of Inter- transmitting, pursuant to law, the report of 22, 2016; to the Committee on Homeland Se- est Restrictions; Revision of Departmental a rule entitled ‘‘Employment in the Ex- curity and Governmental Affairs. Component Designations’’ (RIN3209–AA14) cepted Service’’ (RIN3206–AN30) received in EC–165. A communication from the Senior received during adjournment of the Senate the Office of the President of the Senate on Procurement Executive, Office of Acquisi- in the Office of the President of the Senate December 9, 2016; to the Committee on tion Policy, General Services Administra- on December 28, 2016; to the Committee on Homeland Security and Governmental Af- tion, transmitting, pursuant to law, the re- Homeland Security and Governmental Af- fairs. port of a rule entitled ‘‘Federal Acquisition fairs. EC–184. A communication from the Acting Regulation; Privacy Training’’ ((RIN9000– EC–174. A communication from the Vice Director, Office of Personnel Management, AM06) (FAC 2005–94)) received during ad- President (Acting) for Congressional and transmitting, pursuant to law, the report of journment of the Senate in the Office of the Public Affairs, Millennium Challenge Cor- a rule entitled ‘‘Prevailing Rate Systems; President of the Senate on December 22, 2016; poration, transmitting, pursuant to law, the Redefinition of Certain Appropriated Fund to the Committee on Homeland Security and Corporation’s Agency Financial Report for Federal Wage System Wage Areas’’ (RIN3206– Governmental Affairs. fiscal year 2016; to the Committee on Home- AN38) received in the Office of the President EC–166. A communication from the Senior land Security and Governmental Affairs. of the Senate on December 9, 2016; to the Procurement Executive, Office of Acquisi- EC–175. A communication from the Inspec- Committee on Homeland Security and Gov- tion Policy, General Services Administra- tor General of the Pension Benefit Guaranty ernmental Affairs. tion, transmitting, pursuant to law, the re- Corporation, transmitting, pursuant to law, EC–185. A communication from the Acting port of a rule entitled ‘‘Federal Acquisition the Inspector General’s Semiannual Report Director, Planning and Policy Analysis, Of- Regulation; Federal Acquisition Circular to Congress for the period from April 1, 2016, fice of Personnel Management, transmitting, 2005–94; Introduction’’ (FAC 2005–94) received through September 30, 2016; to the Com- pursuant to law, the report of a rule entitled during adjournment of the Senate in the Of- mittee on Homeland Security and Govern- ‘‘Federal Employees Health Benefits And fice of the President of the Senate on Decem- mental Affairs. Federal Employees Dental And Vision Insur- ber 22, 2016; to the Committee on Homeland EC–176. A communication from the Chair ance Programs’ Coverage Exception For Security and Governmental Affairs. of the Equal Employment Opportunity Com- Children Of Same-Sex Domestic Partners’’ EC–167. A communication from the Direc- mission, transmitting, pursuant to law, the (RIN3206–AN34) received in the Office of the Commission’s Semiannual Report of the In- tor, Office of Government Ethics, transmit- President of the Senate on December 9, 2016; spector General and the Semiannual Man- ting, pursuant to law, the Annual Financial to the Committee on Homeland Security and agement Report for the period from April 1, Report for the Office of Government Ethics Governmental Affairs. for fiscal year 2016; to the Committee on 2016 through September 30, 2016; to the Com- EC–186. A communication from the Direc- Homeland Security and Governmental Af- mittee on Homeland Security and Govern- tor, Office of Administration, Executive Of- fairs. mental Affairs. fice of the President, transmitting, pursuant EC–177. A communication from the Chair- EC–168. A communication from the Acting to law, a report relative to transactions from man of the Federal Energy Regulatory Com- Director, Office of Personnel Management, the Unanticipated Needs Account for fiscal mission, transmitting, pursuant to law, the transmitting, pursuant to law, the report of year 2016; to the Committee on Homeland Se- a rule entitled ‘‘Personnel Management in Commission’s Agency Financial Report for fiscal year 2016; to the Committee on Home- curity and Governmental Affairs. Agencies’’ (RIN3206–AL98) received during EC–187. A communication from the Chair- land Security and Governmental Affairs. adjournment of the Senate in the Office of EC–178. A communication from the Acting man of the Merit Systems Protection Board, the President of the Senate on December 22, Director, Employment Services, Office of transmitting, pursuant to law, a report enti- 2016; to the Committee on Homeland Secu- Personnel Management, transmitting, pursu- tled ‘‘The Merit System Principles: Guiding rity and Governmental Affairs. ant to law, the report of a rule entitled ‘‘Re- the Fair and Effective Management of the EC–169. A communication from the Senior cruitment, Selection, and Placement (Gen- Federal Workforce’’; to the Committee on Procurement Executive, Office of Acquisi- eral) And Suitability’’ (RIN3206–AN25) re- Homeland Security and Governmental Af- tion Policy, General Services Administra- ceived in the Office of the President of the fairs. tion, transmitting, pursuant to law, the re- Senate on December 9, 2016; to the Com- EC–188. A communication from the Acting port of a rule entitled ‘‘General Services Ad- mittee on Homeland Security and Govern- Chief Privacy Officer, Department of Home- ministration Acquisition Regulation mental Affairs. land Security, transmitting, pursuant to (GSAR); Update Contract Reporting Respon- EC–179. A communication from the Acting law, a report entitled ‘‘Department of Home- sibilities’’ (RIN3090–AJ80) received during Director, Office of Personnel Management, land Security Privacy Office 2016 Annual Re- adjournment of the Senate in the Office of the President’s Pay Agent, transmitting, port to Congress’’; to the Committee on the President of the Senate on December 30, pursuant to law, a report relative to the ex- Homeland Security and Governmental Af- 2016; to the Committee on Homeland Secu- tension of locality based comparability pay- fairs. rity and Governmental Affairs. ments; to the Committee on Homeland Secu- EC–189. A communication from the Sec- EC–170. A communication from the Sec- rity and Governmental Affairs. retary of Education, transmitting, pursuant retary of Housing and Urban Development, EC–180. A communication from the Acting to law, the Department’s Semiannual Report transmitting, pursuant to law, the Depart- Director, Planning and Policy Analysis, Of- of the Office of the Inspector General for the ment of Housing and Urban Development fice of Personnel Management, transmitting, period from April 1, 2016 through September Semiannual Report of the Inspector General pursuant to law, the report of a rule entitled 30, 2016; to the Committee on Homeland Se- for the period from April 1, 2016, through ‘‘Removal of Eligible Family Members from curity and Governmental Affairs. September 30, 2016; to the Committee on Existing Self and Family Enrollments’’ EC–190. A communication from the Direc- Homeland Security and Governmental Af- (RIN3206–AN43) received in the Office of the tor, Congressional, Legislative, and Inter- fairs. President of the Senate on December 9, 2016; governmental Affairs, Office of Personnel EC–171. A communication from the Chief of to the Committee on Homeland Security and Management, transmitting, pursuant to law, the Trade and Commercial Regulations Governmental Affairs. a report entitled ‘‘Agency Financial Report, Branch, Bureau of Customs and Border Pro- EC–181. A communication from the Acting Fiscal Year 2016’’; to the Committee on tection, Department of Homeland Security, Director, Office of Personnel Management, Homeland Security and Governmental Af- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of fairs. a rule entitled ‘‘Regulatory Implementation a rule entitled ‘‘Prevailing Rate Systems; EC–191. A communication from the Chair- of the Centers of Excellence and Expertise’’ Redefinition of the New York, NY, and woman of the Federal Trade Commission, (RIN1650–AB02) received during adjournment Philadelphia, PA, Appropriated Fund Fed- transmitting, pursuant to law, the Semi- of the Senate in the Office of the President eral Wage System Wage Areas’’ (RIN3206– annual Report of the Inspector General for of the Senate on December 20, 2016; to the AN29) received in the Office of the President the period from April 1, 2016 through Sep- Committee on Homeland Security and Gov- of the Senate on December 9, 2016; to the tember 30, 2016 and the Uniform Resource ernmental Affairs. Committee on Homeland Security and Gov- Locator (URL) for the report; to the Com- EC–172. A communication from the Direc- ernmental Affairs. mittee on Homeland Security and Govern- tor, Office of Government Ethics, transmit- EC–182. A communication from the Acting mental Affairs. ting, pursuant to law, the report of a rule en- Director, Planning and Policy Analysis, Of- EC–192. A communication from the Execu- titled ‘‘Post-Employment Conflict of Inter- fice of Personnel Management, transmitting, tive Director, Council of the Inspectors Gen- est Restrictions; Revision of Departmental pursuant to law, the report of a rule entitled eral on Integrity and Efficiency, transmit- Component Designations’’ (RIN3209–AA14) ‘‘Federal Employees Health Benefits Pro- ting, pursuant to law, the report of a rule en- received during adjournment of the Senate gram: Removal of Ineligible Individuals from titled ‘‘Privacy Act Regulations’’ (RIN3219– in the Office of the President of the Senate Existing Enrollments’’ (RIN3206–AN09) re- AA00) received during adjournment of the on December 28, 2016; to the Committee on ceived in the Office of the President of the Senate in the Office of the President of the Homeland Security and Governmental Af- Senate on December 9, 2016; to the Com- Senate on December 14, 2016; to the Com- fairs. mittee on Homeland Security and Govern- mittee on Homeland Security and Govern- EC–173. A communication from the Direc- mental Affairs. mental Affairs. tor, Office of Government Ethics, transmit- EC–183. A communication from the Acting EC–193. A communication from the General ting, pursuant to law, the report of a rule en- Director, Office of Personnel Management, Manager, Defense Nuclear Facilities Safety

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.016 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S56 CONGRESSIONAL RECORD — SENATE January 4, 2017 Board, transmitting, pursuant to law, the and Regulation, Department of the Treasury, Nonimmigrant Status’’ (RIN1615–AA59) re- Board’s fiscal years 2014 and 2015 inventories transmitting, pursuant to law, a report rel- ceived during adjournment of the Senate in and the Uniform Resource Locator (URL) for ative to a vacancy in the position of Assist- the Office of the President of the Senate on the reports; to the Committee on Homeland ant Secretary (Intelligence and Analysis), December 20, 2016; to the Committee on the Security and Governmental Affairs. Department of the Treasury, received during Judiciary. EC–194. A communication from the Direc- adjournment of the Senate in the Office of EC–211. A communication from the Chief of tor, Office of Management and Budget, Exec- the President of the Senate on December 14, the Regulatory Coordination Division, Citi- utive Office of the President, transmitting, 2016; to the Select Committee on Intel- zenship and Immigration Services, Depart- pursuant to law, reports entitled ‘‘2015 Infor- ligence. ment of Homeland Security, transmitting, mation Collection Budget of the United EC–203. A communication from the Deputy pursuant to law, the report of a rule entitled States Government’’ and ‘‘2016 Information General Counsel, Executive Office for Immi- ‘‘Classification for Victims of Severe Forms Collection Budget of the United States Gov- gration Review, Department of Justice, of Trafficking in Persons; Eligibility for ‘T’ ernment’’; to the Committee on Homeland transmitting, pursuant to law, the report of Nonimmigrant Status’’ (RIN1615–AA59) re- Security and Governmental Affairs. a rule entitled ‘‘Recognition of Organiza- ceived during adjournment of the Senate in EC–195. A communication from the Senior tions and Accreditation of Non-Attorney the Office of the President of the Senate on Procurement Executive, Office of Acquisi- Representatives’’ (RIN1125–AA72) received December 20, 2016; to the Committee on the tion Policy, General Services Administra- during adjournment of the Senate in the Of- Judiciary. tion, transmitting, pursuant to law, the re- fice of the President of the Senate on Decem- EC–212. A communication from the Direc- port of a rule entitled ‘‘Federal Acquisition ber 22, 2016; to the Committee on the Judici- tor, Office of Congressional Affairs, Federal Regulation; Federal Acquisition Circular ary. Election Commission, transmitting, pursu- 2005–93; Small Entity Compliance Guide’’ EC–204. A communication from the Senior ant to law, a report relative to the Commis- (FAC 2005–93) received during adjournment of Counsel, Civil Rights Division, Department sion’s competitive sourcing efforts during the Senate in the Office of the President of of Justice, transmitting, pursuant to law, fiscal year 2016; to the Committee on Rules the Senate on December 16, 2016; to the Com- the report of a rule entitled ‘‘Standards and and Administration. mittee on Homeland Security and Govern- Procedures for the Enforcement of the Immi- EC–213. A communication from the Librar- mental Affairs. gration and Nationality Act’’ (RIN1190–AA71) ian of Congress, transmitting, pursuant to EC–196. A communication from the Senior received during adjournment of the Senate law, the Annual Report of the Librarian of Procurement Executive, Office of Acquisi- in the Office of the President of the Senate Congress for fiscal year 2015; to the Com- tion Policy, General Services Administra- on December 28, 2016; to the Committee on mittee on Rules and Administration. tion, transmitting, pursuant to law, the re- the Judiciary. EC–214. A communication from the Acting port of a rule entitled ‘‘Federal Acquisition EC–205. A communication from the Super- Director of Regulation Policy and Manage- Regulation; Fair Pay and Safe Workplaces; visory Attorney-Advisor, Office on Violence ment, Department of Veterans Affairs, trans- Injunction’’ ((RIN9000–AN30) (FAC 2005–93)) Against Women, Department of Justice, mitting, pursuant to law, the report of a rule received during adjournment of the Senate transmitting, pursuant to law, the report of entitled ‘‘Tiered Pharmacy Copayments for in the Office of the President of the Senate a rule entitled ‘‘Conforming STOP Violence Medications’’ (RIN2900–AP35) received during on December 16, 2016; to the Committee on Against Women Formula Grant Program adjournment of the Senate in the Office of Homeland Security and Governmental Af- Regulations to Statutory Change; Defini- the President of the Senate on December 20, fairs. tions and Confidentiality Requirements Ap- 2016; to the Committee on Veterans’ Affairs. EC–197. A communication from the Senior plicable to All OVW Grant Programs’’ EC–215. A communication from the Presi- Procurement Executive, Office of Acquisi- (RIN1105–AB46) received during adjournment dent of the United States, transmitting, pur- tion Policy, General Services Administra- of the Senate in the Office of the President suant to law, the Economic Report of the tion, transmitting, pursuant to law, the re- President together with the 2017 Annual Re- port of a rule entitled ‘‘Federal Acquisition of the Senate on December 28, 2016; to the port of the Council of Economic Advisers; to Regulation; Paid Sick Leave for Federal Committee on the Judiciary. EC–206. A communication from the Senior the Joint Economic Committee. Contractors’’ ((RIN9000–AN27) (FAC 2005–93)) Counsel, Executive Office for Immigration EC–216. A communication from the Assist- received during adjournment of the Senate Review, Department of Justice, transmit- ant General Counsel for Legislation, Regula- in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- tion and Energy Efficiency, Loan Programs on December 16, 2016; to the Committee on titled ‘‘Recognition of Organizations and Ac- Office, Department of Energy, transmitting, Homeland Security and Governmental Af- pursuant to law, the report of a rule entitled fairs. creditation of Non-Attorney Representa- ‘‘Loan Guarantees for Projects That Employ EC–198. A communication from the Senior tives’’ (RIN1125–AA72) received during ad- Innovative Technologies’’ (RIN1901–AB38) re- Procurement Executive, Office of Acquisi- journment of the Senate in the Office of the tion Policy, General Services Administra- President of the Senate on December 28, 2016; ceived during adjournment of the Senate in tion, transmitting, pursuant to law, the re- to the Committee on the Judiciary. the Office of the President of the Senate on port of a rule entitled ‘‘Federal Acquisition EC–207. A communication from the Assist- December 16, 2016; to the Committee on En- Regulation; Federal Acquisition Circular ant Attorney General, Office of Legislative ergy and Natural Resources. EC–217. A communication from the Man- 2005–93; Introduction’’ (FAC 2005–93) received Affairs, Department of Justice, transmit- agement and Program Analyst, Business Op- during adjournment of the Senate in the Of- ting, pursuant to law, a report entitled ‘‘Re- fice of the President of the Senate on Decem- port of the Attorney General to Congress erations, Forest Service, Department of Ag- ber 16, 2016; to the Committee on Homeland Pursuant to the Death in Custody Reporting riculture, transmitting, pursuant to law, the Security and Governmental Affairs. Act’’ ; to the Committee on the Judiciary. report of a rule entitled ‘‘Roadless Area Con- EC–199. A communication from the Special EC–208. A communication from the Assist- servation; National Forest System Lands in Counsel, Office of the Special Counsel, trans- ant Secretary, Legislative Affairs, Depart- Colorado’’ (RIN0596–AD26) received during mitting, pursuant to law, a report entitled ment of State, transmitting, pursuant to adjournment of the Senate in the Office of ‘‘Annual Report to Congress for Fiscal Year law, the report of a rule entitled ‘‘Visas: the President of the Senate on December 20, 2016’’ and the Uniform Resource Locator Classification of Immediate Family Members 2016; to the Committee on Energy and Nat- (URL) for the report; to the Committee on as A, C–3, G, and NATO Nonimmigrants’’ ural Resources. Homeland Security and Governmental Af- (RIN1400–AD96) received during adjournment EC–218. A communication from the Direc- fairs. of the Senate in the Office of the President tor, Office of Surface Mining Reclamation EC–200. A communication from the Sec- of the Senate on December 12, 2016; to the and Enforcement, Department of the Inte- retary of Education, transmitting, pursuant Committee on the Judiciary. rior, transmitting, pursuant to law, the re- to law, the Department of Education Agency EC–209. A communication from the Chief of port of a rule entitled ‘‘Stream Protection Financial Report for fiscal year 2016; to the the Border Security Regulations Branch, Rule’’ ((RIN1029–AC93) (Docket ID OSM–2010– Committee on Homeland Security and Gov- Customs and Border Protection, Department 0018)) received during adjournment of the ernmental Affairs. of Homeland Security, transmitting, pursu- Senate in the Office of the President of the EC–201. A communication from the Senior ant to law, the report of a rule entitled ‘‘Def- Senate on December 20, 2016; to the Com- Procurement Executive, Office of Acquisi- inition of Form I–94 to Include Electronic mittee on Energy and Natural Resources. tion Policy, General Services Administra- Format’’ ((RIN1651–AA96) (CBP Dec. 16–27)) EC–219. A communication from the Man- tion, transmitting, pursuant to law, the re- received during adjournment of the Senate agement and Program Analyst, Federal port of a rule entitled ‘‘Federal Acquisition in the Office of the President of the Senate Aviation Administration, Department of Regulation; Fair Pay and Safe Workplaces; on December 15, 2016; to the Committee on Transportation, transmitting, pursuant to Injunction’’ ((RIN9000–AN30) (FAC 2005–93)) the Judiciary. law, the report of a rule entitled ‘‘Airworthi- received during adjournment of the Senate EC–210. A communication from the Chief of ness Directives; The Boeing Company Air- in the Office of the President of the Senate the Regulatory Coordination Division, Citi- planes’’ ((RIN2120–AA64) (Docket No. FAA– on December 20, 2016; to the Committee on zenship and Immigration Services, Depart- 2016–6669)) received during adjournment of Homeland Security and Governmental Af- ment of Homeland Security, transmitting, the Senate in the Office of the President of fairs. pursuant to law, the report of a rule entitled the Senate on December 14, 2016; to the Com- EC–202. A communication from the Assist- ‘‘Classification for Victims of Severe Forms mittee on Commerce, Science, and Transpor- ant General Counsel, General Law, Ethics, of Trafficking in Persons; Eligibility for ‘T’ tation.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.017 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S57 EC–220. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- EC–235. A communication from the Man- agement and Program Analyst, Federal ness Directives; The Boeing Company Air- agement and Program Analyst, Federal Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– Aviation Administration, Department of Transportation, transmitting, pursuant to 2015–7527)) received during adjournment of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- the Senate in the Office of the President of law, the report of a rule entitled ‘‘Airworthi- ness Directives; The Boeing Company Air- the Senate on December 14, 2016; to the Com- ness Directives; Dassault Aviation Air- planes’’ ((RIN2120–AA64) (Docket No. FAA– mittee on Commerce, Science, and Transpor- planes’’ ((RIN2120–AA64) (Docket No. FAA– 2016–9306)) received during adjournment of tation. 2015–5466)) received during adjournment of the Senate in the Office of the President of EC–228. A communication from the Man- the Senate in the Office of the President of the Senate on December 14, 2016; to the Com- agement and Program Analyst, Federal the Senate on December 28, 2016; to the Com- mittee on Commerce, Science, and Transpor- Aviation Administration, Department of mittee on Commerce, Science, and Transpor- tation. Transportation, transmitting, pursuant to tation. EC–221. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- EC–236. A communication from the Man- agement and Program Analyst, Federal ness Directives; Sikorsky Aircraft Corpora- agement and Program Analyst, Federal Aviation Administration, Department of tion Helicopters’’ ((RIN2120–AA64) (Docket Aviation Administration, Department of Transportation, transmitting, pursuant to No. FAA–2016–9281)) received during adjourn- Transportation, transmitting, pursuant to law, the report of a rule entitled ’’ Air- ment of the Senate in the Office of the Presi- law, the report of a rule entitled ‘‘Airworthi- worthiness Directives; The Boeing Company dent of the Senate on December 14, 2016; to ness Directives; Airbus Airplanes’’ ((RIN2120– Airplanes’’ ((RIN2120–AA64) (Docket No. the Committee on Commerce, Science, and AA64) (Docket No . FAA–2015–3985)) received FAA–2016–0462)) received during adjournment Transportation. during adjournment of the Senate in the Of- of the Senate in the Office of the President EC–229. A communication from the Man- fice of the President of the Senate on Decem- ber 14, 2016; to the Committee on Commerce, of the Senate on December 14, 2016; to the agement and Program Analyst, Federal Science, and Transportation. Committee on Commerce, Science, and Aviation Administration, Department of Transportation, transmitting, pursuant to EC–237. A communication from the Man- Transportation. agement and Program Analyst, Federal EC–222. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of agement and Program Analyst, Federal ness Directives; Airbus Helicopters (Pre- viously Eurocopter France)’’ ((RIN2120–AA64) Transportation, transmitting, pursuant to Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to (Docket No. FAA–2016–9396)) received during adjournment of the Senate in the Office of ness Directives; Airbus Airplanes’’ ((RIN2120– law, the report of a rule entitled ‘‘Airworthi- AA64) (Docket No . FAA–2016–3701)) received ness Directives; The Boeing Company Air- the President of the Senate on December 14, 2016; to the Committee on Commerce, during adjournment of the Senate in the Of- planes’’ ((RIN2120–AA64) (Docket No. FAA– fice of the President of the Senate on Decem- 2016–5041)) received during adjournment of Science, and Transportation. EC–230. A communication from the Man- ber 14, 2016; to the Committee on Commerce, the Senate in the Office of the President of agement and Program Analyst, Federal Science, and Transportation. the Senate on December 14, 2016; to the Com- Aviation Administration, Department of EC–238. A communication from the Man- mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to agement and Program Analyst, Federal tation. law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of EC–223. A communication from the Man- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ness Directives; Various Aircraft Equipped with BRP–Powertrain GmbH and Company law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation, transmitting, pursuant to KG 912 A Series Engine’’ ((RIN2120–AA64) (Docket No. FAA–2016–9000)) received during AA64) (Docket No . FAA–2015–5596)) received law, the report of a rule entitled ‘‘Airworthi- adjournment of the Senate in the Office of during adjournment of the Senate in the Of- ness Directives; The Boeing Company Air- fice of the President of the Senate on Decem- the President of the Senate on December 14, planes’’ ((RIN2120–AA64) (Docket No. FAA– ber 14, 2016; to the Committee on Commerce, 2016; to the Committee on Commerce, 2016–6672)) received during adjournment of Science, and Transportation. Science, and Transportation. EC–239. A communication from the Man- the Senate in the Office of the President of EC–231. A communication from the Man- agement and Program Analyst, Federal the Senate on December 14, 2016; to the Com- agement and Program Analyst, Federal Aviation Administration, Department of mittee on Commerce, Science, and Transpor- Aviation Administration, Department of Transportation, transmitting, pursuant to tation. Transportation, transmitting, pursuant to EC–224. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal ness Directives; Airbus Airplanes’’ ((RIN2120– ness Directives; Bombardier, Inc. Airplanes’’ AA64) (Docket No. FAA–2015–4228)) received Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2016–7427)) Transportation, transmitting, pursuant to during adjournment of the Senate in the Of- received during adjournment of the Senate fice of the President of the Senate on Decem- law, the report of a rule entitled ‘‘Airworthi- in the Office of the President of the Senate ness Directives; The Boeing Company Air- ber 14, 2016; to the Committee on Commerce, on December 14, 2016; to the Committee on Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– Commerce, Science, and Transportation. 2016–5034)) received during adjournment of EC–240. A communication from the Man- EC–232. A communication from the Man- agement and Program Analyst, Federal the Senate in the Office of the President of agement and Program Analyst, Federal the Senate on December 14, 2016; to the Com- Aviation Administration, Department of Aviation Administration, Department of Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to tation. law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- ness Directives; BRP–Powertrain GmbH and EC–225. A communication from the Man- ness Directives; Bombardier, Inc. Airplanes’’ agement and Program Analyst, Federal Co KG Reciprocating Engines’’ ((RIN2120– ((RIN2120–AA64) (Docket No. FAA–2016–7421)) AA64) (Docket No. FAA–2016–9103)) received Aviation Administration, Department of received during adjournment of the Senate Transportation, transmitting, pursuant to during adjournment of the Senate in the Of- in the Office of the President of the Senate fice of the President of the Senate on Decem- law, the report of a rule entitled ‘‘Airworthi- on December 14, 2016; to the Committee on ber 14, 2016; to the Committee on Commerce, ness Directives; The Boeing Company Air- Commerce, Science, and Transportation. Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–233. A communication from the Man- EC–241. A communication from the Man- 2016–5597)) received during adjournment of agement and Program Analyst, Federal agement and Program Analyst, Federal the Senate in the Office of the President of Aviation Administration, Department of Aviation Administration, Department of the Senate on December 14, 2016; to the Com- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- tation. ness Directives; Bombardier, Inc. Airplanes’’ ness Directives; Pilatus Aircraft Ltd. Air- EC–226. A communication from the Man- ((RIN2120–AA64) (Docket No. FAA–2016–5044)) planes’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal received during adjournment of the Senate 2016–9356)) received during adjournment of Aviation Administration, Department of in the Office of the President of the Senate the Senate in the Office of the President of Transportation, transmitting, pursuant to on December 14, 2016; to the Committee on the Senate on December 14, 2016; to the Com- law, the report of a rule entitled ‘‘Airworthi- Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- ness Directives; The Boeing Company Air- EC–234. A communication from the Man- tation. planes’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal EC–242. A communication from the Man- 2015–5809)) received during adjournment of Aviation Administration, Department of agement and Program Analyst, Federal the Senate in the Office of the President of Transportation, transmitting, pursuant to Aviation Administration, Department of the Senate on December 14, 2016; to the Com- law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- ness Directives; Bombardier, Inc. Airplanes’’ law, the report of a rule entitled ‘‘Airworthi- tation. ((RIN2120–AA64) (Docket No. FAA–2016–5593)) ness Directives; Diamond Aircraft Industries EC–227. A communication from the Man- received during adjournment of the Senate GmbH Airplanes’’ ((RIN2120–AA64) (Docket agement and Program Analyst, Federal in the Office of the President of the Senate No. FAA–2016–9369)) received during adjourn- Aviation Administration, Department of on December 14, 2016; to the Committee on ment of the Senate in the Office of the Presi- Transportation, transmitting, pursuant to Commerce, Science, and Transportation. dent of the Senate on December 14, 2016; to

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.018 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S58 CONGRESSIONAL RECORD — SENATE January 4, 2017 the Committee on Commerce, Science, and EC–250. A communication from the Man- Aviation Administration, Department of Transportation. agement and Program Analyst, Federal Transportation, transmitting, pursuant to EC–243. A communication from the Man- Aviation Administration, Department of law, the report of a rule entitled ‘‘Amend- agement and Program Analyst, Federal Transportation, transmitting, pursuant to ment of Class D and Class E Airspace for the Aviation Administration, Department of law, the report of a rule entitled ‘‘Establish- following Texas Towns; Georgetown, TX; Transportation, transmitting, pursuant to ment of Class E Airspace; Murray, KY’’ Corpus Christi, TX; Dallas/Fort Worth, TX; law, the report of a rule entitled ‘‘Airworthi- ((RIN2120–AA66) (Docket No. FAA–2016–6775)) Gainesville, TX; Graford, TX; Hebbronville, ness Directives; Gulfstream Aerospace Cor- received during adjournment of the Senate TX; and Jasper, TX’’ ((RIN2120–AA66) (Dock- poration Airplanes’’ ((RIN2120–AA64) (Docket in the Office of the President of the Senate et No. FAA–2016–8827)) received during ad- No. FAA–2016–4223)) received during adjourn- on December 14, 2016; to the Committee on journment of the Senate in the Office of the ment of the Senate in the Office of the Presi- Commerce, Science, and Transportation. President of the Senate on December 14, 2016; dent of the Senate on December 14, 2016; to EC–251. A communication from the Man- to the Committee on Commerce, Science, the Committee on Commerce, Science, and agement and Program Analyst, Federal and Transportation. Transportation. Aviation Administration, Department of EC–258. A communication from the Man- EC–244. A communication from the Man- Transportation, transmitting, pursuant to agement and Program Analyst, Federal agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Establish- Aviation Administration, Department of Aviation Administration, Department of ment of Class E Airspace; Silver Springs, Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to NV’’ ((RIN2120–AA66) (Docket No. FAA–2016– law, the report of a rule entitled ‘‘Amend- law, the report of a rule entitled ‘‘Airworthi- 6413)) received during adjournment of the ment of Class D and Class E Airspace; Savan- ness Directives; Saab AB, Saab Aeronautics Senate in the Office of the President of the nah, GA’’ ((RIN2120–AA66) (Docket No. FAA– (Formerly Known as Saab AB, Saab Senate on December 14, 2016; to the Com- 2016–9101)) received during adjournment of Aerosystems) Airplanes’’ ((RIN2120–AA64) mittee on Commerce, Science, and Transpor- the Senate in the Office of the President of (Docket No. FAA–2015–6544)) received during tation. the Senate on December 14, 2016; to the Com- adjournment of the Senate in the Office of EC–252. A communication from the Man- mittee on Commerce, Science, and Transpor- the President of the Senate on December 14, agement and Program Analyst, Federal tation. 2016; to the Committee on Commerce, Aviation Administration, Department of EC–259. A communication from the Man- Science, and Transportation. Transportation, transmitting, pursuant to agement and Program Analyst, Federal EC–245. A communication from the Man- law, the report of a rule entitled ‘‘Amend- Aviation Administration, Department of agement and Program Analyst, Federal ment of Class E Airspace for the following Il- Transportation, transmitting, pursuant to Aviation Administration, Department of linois Towns; Carmi, IL; De Kalb, IL; Harris- law, the report of a rule entitled ‘‘Amend- Transportation, transmitting, pursuant to burg, IL; Kewanee, IL; Litchfield, IL; Paris, ment of Class D and Class E Airspace; Eu- law, the report of a rule entitled ‘‘Airworthi- IL; and Taylorville, IL’’ ((RIN2120–AA66) gene, OR, and Corvallis, OR’’ ((RIN2120– ness Directives; Various Restricted Category (Docket No. FAA–2016–6985)) received during AA66) (Docket No. FAA–2015–3991)) received Helicopters’’ ((RIN2120–AA64) (Docket No. adjournment of the Senate in the Office of during adjournment of the Senate in the Of- FAA–2015–3820)) received during adjournment the President of the Senate on December 14, fice of the President of the Senate on Decem- of the Senate in the Office of the President 2016; to the Committee on Commerce, ber 14, 2016; to the Committee on Commerce, of the Senate on December 14, 2016; to the Science, and Transportation. Science, and Transportation. Committee on Commerce, Science, and EC–253. A communication from the Man- EC–260. A communication from the Man- Transportation. agement and Program Analyst, Federal agement and Program Analyst, Federal Aviation Administration, Department of EC–246. A communication from the Man- Aviation Administration, Department of Transportation, transmitting, pursuant to agement and Program Analyst, Federal Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Amend- Aviation Administration, Department of law, the report of a rule entitled ‘‘Amend- ment of Class E Airspace for the following Transportation, transmitting, pursuant to ment and Establishment of Restricted Areas; Arkansas Towns; Blytheville, AR; Brinkley, law, the report of a rule entitled ‘‘Airworthi- Chincoteague Inlet, VA’’ ((RIN2120–AA66) AR; Clarksville, AR; and DeQueen, AR’’ ness Directives; Fokker Services B.V. Air- (Docket No. FAA–2015–2776)) received during ((RIN2120–AA66) (Docket No. FAA–2016–4172)) planes’’ ((RIN2120–AA64) (Docket No. FAA– adjournment of the Senate in the Office of received during adjournment of the Senate 2016–6895)) received during adjournment of the President of the Senate on December 14, in the Office of the President of the Senate the Senate in the Office of the President of 2016; to the Committee on Commerce, on December 14, 2016; to the Committee on the Senate on December 14, 2016; to the Com- Commerce, Science, and Transportation. Science, and Transportation. mittee on Commerce, Science, and Transpor- EC–254. A communication from the Man- EC–261. A communication from the Man- tation. agement and Program Analyst, Federal agement and Program Analyst, Federal EC–247. A communication from the Man- Aviation Administration, Department of Aviation Administration, Department of agement and Program Analyst, Federal Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to Aviation Administration, Department of law, the report of a rule entitled ‘‘Amend- law, the report of a rule entitled ‘‘Establish- Transportation, transmitting, pursuant to ment of Class E Airspace for the following ment of and Modification to Restricted law, the report of a rule entitled ‘‘Standard Ohio Towns; Marion, OH; Portsmouth, OH; Areas; Fort Sill, OK’’ ((RIN2120–AA66) (Dock- Instrument Approach Procedures, and Take- Van Wert, OH; and Versailles, OH’’ et No. FAA–2015–3680)) received during ad- off Minimums and Obstacle Departure Proce- ((RIN2120–AA66) (Docket No. FAA–2016–8840)) journment of the Senate in the Office of the dures; Miscellaneous Amendments (42); received during adjournment of the Senate President of the Senate on December 14, 2016; Amdt. No. 3719’’ (RIN2120–AA65) received dur- in the Office of the President of the Senate to the Committee on Commerce, Science, ing adjournment of the Senate in the Office on December 14, 2016; to the Committee on and Transportation. of the President of the Senate on December Commerce, Science, and Transportation. EC–262. A communication from the Regu- 14, 2016; to the Committee on Commerce, EC–255. A communication from the Man- latory Ombudsman, Federal Motor Carrier Science, and Transportation. agement and Program Analyst, Federal Safety Administration, Department of EC–248. A communication from the Man- Aviation Administration, Department of Transportation, transmitting, pursuant to agement and Program Analyst, Federal Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Minimum Aviation Administration, Department of law, the report of a rule entitled ‘‘Amend- Training Requirements for Entry-Level Transportation, transmitting, pursuant to ment of Class E Airspace; Albany, OR’’ Commercial Motor Vehicle Operators’’ law, the report of a rule entitled ‘‘Standard ((RIN2120–AA66) (Docket No. FAA–2015–3992)) (RIN2126–AB66) received during adjournment Instrument Approach Procedures, and Take- received during adjournment of the Senate of the Senate in the Office of the President off Minimums and Obstacle Departure Proce- in the Office of the President of the Senate of the Senate on December 14, 2016; to the dures; Miscellaneous Amendments (31); on December 14, 2016; to the Committee on Committee on Commerce, Science, and Amdt. No. 3721’’ (RIN2120–AA65) received dur- Commerce, Science, and Transportation. Transportation. ing adjournment of the Senate in the Office EC–256. A communication from the Man- EC–263. A communication from the Regu- of the President of the Senate on December agement and Program Analyst, Federal latory Ombudsman, Federal Motor Carrier 14, 2016; to the Committee on Commerce, Aviation Administration, Department of Safety Administration, Department of Science, and Transportation. Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to EC–249. A communication from the Man- law, the report of a rule entitled ‘‘Amend- law, the report of a rule entitled ‘‘Commer- agement and Program Analyst, Federal ment of Class E Airspace for the following cial Driver’s License Drug and Alcohol Clear- Aviation Administration, Department of Texas Towns; Levelland, TX; Vernon, TX; inghouse’’ (RIN2126–AB18) received during Transportation, transmitting, pursuant to and Winters, TX’’ ((RIN2120–AA66) (Docket adjournment of the Senate in the Office of law, the report of a rule entitled ‘‘Establish- No. FAA–2016–8828)) received during adjourn- the President of the Senate on December 14, ment of Class E Airspace; Camden, AL’’ ment of the Senate in the Office of the Presi- 2016; to the Committee on Commerce, ((RIN2120–AA66) (Docket No. FAA–2012–1308)) dent of the Senate on December 14, 2016; to Science, and Transportation. received during adjournment of the Senate the Committee on Commerce, Science, and EC–264. A communication from the Man- in the Office of the President of the Senate Transportation. agement and Program Analyst, Federal on December 14, 2016; to the Committee on EC–257. A communication from the Man- Aviation Administration, Department of Commerce, Science, and Transportation. agement and Program Analyst, Federal Transportation, transmitting, pursuant to

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.019 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S59 law, the report of a rule entitled ‘‘Update of (RIN0648–BG39) received during adjournment certain tax returns by Presidents and certain Overflight Fees’’ ((RIN2120–AK53) (Docket of the Senate in the Office of the President candidates for the office of the President, No. FAA–2015–3597)) received during adjourn- of the Senate on December 20, 2016; to the and for other purposes; to the Committee on ment of the Senate in the Office of the Presi- Committee on Commerce, Science, and Rules and Administration. dent of the Senate on December 14, 2016; to Transportation. By Mr. CARDIN (for himself, Mrs. the Committee on Commerce, Science, and EC–272. A communication from the Deputy FEINSTEIN, Mr. LEAHY, Mr. CARPER, Transportation. Chief Financial Officer and Director for Fi- and Ms. KLOBUCHAR): EC–265. A communication from the Direc- nancial Management, Office of the Chief Fi- S. 27. A bill to establish an independent tor, Contract and Grant Policy Division, Na- nancial Officer and Assistant Secretary for commission to examine and report on the tional Aeronautics and Space Administra- Administration, Department of Commerce, facts regarding the extent of Russian official tion, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of and unofficial cyber operations and other at- port of a rule entitled ‘‘NASA Federal Acqui- a rule entitled ‘‘Civil Monetary Penalty Ad- tempts to interfere in the 2016 United States sition Regulation Supplement: Contractor justments for Inflation’’ (RIN0605–AA47) re- national election, and for other purposes; to Financial Reporting of Property’’ (RIN2700– ceived during adjournment of the Senate in the Committee on Rules and Administration. AE33) received during adjournment of the the Office of the President of the Senate on By Mr. FLAKE (for himself and Mr. Senate in the Office of the President of the December 28, 2016; to the Committee on Com- JOHNSON): Senate on December 28, 2016; to the Com- merce, Science, and Transportation. S. 28. A bill to amend the Internal Revenue mittee on Commerce, Science, and Transpor- f Code of 1986 to expand the permissible use of tation. health savings accounts to include health in- EC–266. A communication from the Trial INTRODUCTION OF BILLS AND surance payments and to increase the dollar Attorney, Federal Railroad Administration, JOINT RESOLUTIONS limitation for contributions to health sav- Department of Transportation, transmitting, The following bills and joint resolu- ings accounts, and for other purposes; to the pursuant to law, the report of a rule entitled Committee on Finance. ‘‘Railroad Police Officers’’ (RIN2130–AC62) tions were introduced, read the first and second times by unanimous con- By Mr. TESTER (for himself and Ms. received during adjournment of the Senate COLLINS): in the Office of the President of the Senate sent, and referred as indicated: S. 29. A bill to permit disabled law enforce- on December 14, 2016; to the Committee on By Mr. PAUL (for himself, Mr. BLUNT, ment officers, customs and border protection Commerce, Science, and Transportation. Mr. YOUNG, Mr. ROUNDS, Mr. GRASS- officers, firefighters, air traffic controllers, EC–267. A communication from the Deputy LEY, Mr. GARDNER, Mrs. ERNST, Mr. nuclear materials couriers, members of the Assistant Administrator for Regulatory Pro- COTTON, Mrs. CAPITO, Mr. DAINES, Mr. Capitol Police, members of the Supreme grams, Office of Sustainable Fisheries, De- MCCAIN, Mr. SCOTT, Mr. CRUZ, Mr. Court Police, employees of the Central Intel- partment of Commerce, transmitting, pursu- BARRASSO, Mr. CRAPO, Mr. THUNE, ligence Agency performing intelligence ac- ant to law, the report of a rule entitled Mr. INHOFE, Mrs. FISCHER, Mr. JOHN- tivities abroad or having specialized security ‘‘Fisheries Off West Coast States; Coastal SON, Mr. BOOZMAN, Mr. HELLER, Mr. requirements, and diplomatic security spe- Pelagic Species Fisheries; Annual Specifica- SULLIVAN, Mr. ENZI, Mr. LEE, Mr. cial agents of the Department of State to re- tions’’ (RIN0648–XE695) received during ad- ROBERTS, Mr. SASSE, Mr. MORAN, and ceive retirement benefits in the same man- journment of the Senate in the Office of the Mr. CASSIDY): ner as if they had not been disabled; to the President of the Senate on December 20, 2016; S. 21. A bill to amend chapter 8 of title 5, Committee on Homeland Security and Gov- to the Committee on Commerce, Science, United States Code, to provide that major ernmental Affairs. and Transportation. rules of the executive branch shall have no By Mr. SCHUMER (for Mrs. FEINSTEIN EC–268. A communication from the Deputy force or effect unless a joint resolution of ap- (for herself, Mr. CORNYN, Ms. KLO- Assistant Administrator for Regulatory Pro- proval is enacted into law; to the Committee BUCHAR, Mr. INHOFE, Mr. FRANKEN, grams, Office of Sustainable Fisheries, De- on Homeland Security and Governmental Af- Mr. TILLIS, Mrs. GILLIBRAND, Mr. partment of Commerce, transmitting, pursu- fairs. MARKEY, and Mr. FLAKE)): ant to law, the report of a rule entitled ‘‘Re- By Mr. HELLER: S. 30. A bill to extend the civil statute of visions to Framework Adjustment 55 to the S. 22. A bill to amend title 54, United limitations for victims of Federal sex of- Northeast Multispecies Fishery Management States Code, to prohibit the further exten- fenses; to the Committee on the Judiciary. Plan and Sector Annual Catch Entitlements; sion or establishment of national monu- By Mr. WYDEN (for Mrs. FEINSTEIN (for Updates Annual Catch Limits for Sectors ments in the State of Nevada except by ex- herself, Mr. WYDEN, Ms. CANTWELL, and the Common Pool for Fishing Year 2016’’ press authorization of Congress; to the Com- Mr. MERKLEY, Mrs. MURRAY, and Ms. (RIN0648–XE632) received during adjourn- mittee on Energy and Natural Resources. HARRIS)): ment of the Senate in the Office of the Presi- By Mr. CASSIDY: S. 31. A bill to amend the Outer Conti- dent of the Senate on December 20, 2016; to S. 23. A bill to amend title 38, United nental Shelf Lands Act to permanently pro- the Committee on Commerce, Science, and States Code, to direct the Secretary of Vet- hibit the conduct of offshore drilling on the Transportation. erans Affairs to adopt and implement a outer Continental Shelf off the coast of Cali- EC–269. A communication from the Deputy standard identification protocol for use in fornia, Oregon, and Washington; to the Com- Assistant Administrator for Regulatory Pro- the tracking and procurement of biological mittee on Energy and Natural Resources. grams, Office of Sustainable Fisheries, De- implants by the Department of Veterans Af- By Mr. SHELBY: partment of Commerce, transmitting, pursu- fairs, and for other purposes; to the Com- S.J. Res. 3. A joint resolution proposing an ant to law, the report of a rule entitled mittee on Veterans’ Affairs. amendment to the Constitution of the ‘‘Fisheries of the Northeastern United By Mr. CASSIDY: United States which requires (except during States; Atlantic Bluefish Fishery; 2016–2018 S. 24. A bill to expand eligibility for hos- time of war and subject to suspension by Atlantic Bluefish Specifications’’ (RIN0648– pital care and medical services under section Congress) that the total amount of money XE336) received during adjournment of the 101 of the Veterans Access, Choice, and Ac- expended by the United States during any Senate in the Office of the President of the countability Act of 2014 to include veterans fiscal year not exceed the amount of certain Senate on December 20, 2016; to the Com- who are age 75 or older, and for other pur- revenue received by the United States during mittee on Commerce, Science, and Transpor- poses; to the Committee on Veterans’ Af- such fiscal year and not exceed 20 percent of tation. fairs. the gross domestic product of the United EC–270. A communication from the Admin- By Mrs. SHAHEEN (for herself, Mrs. States during the previous calendar year; to istrator, Transportation Security Adminis- GILLIBRAND, and Mr. SCHATZ): tration, Department of Homeland Security, S. 25. A bill to amend the Internal Revenue the Committee on the Judiciary. transmitting, pursuant to law, a report rel- Code of 1986 to increase the credit for em- f ative to the Administration’s decision to ployers establishing workplace child care fa- enter into a contract with a private security cilities, to increase the child care credit to SUBMISSION OF CONCURRENT AND screening company to provide screening encourage greater use of quality child care SENATE RESOLUTIONS services at Bozeman Yellowstone Inter- services, to provide incentives for students The following concurrent resolutions national Airport (BZN), Glacier Park Inter- to earn child care-related degrees and to and Senate resolutions were read, and national Airport (FCA), and Yellowstone work in child care facilities, and to increase Airport (WYS); to the Committee on Com- the exclusion for employer-provided depend- referred (or acted upon), as indicated: merce, Science, and Transportation. ent care assistance; to the Committee on Fi- By Mr. RUBIO (for himself, Mr. EC–271. A communication from the Acting nance. CARDIN, Mr. MCCONNELL, Mr. SCHU- Deputy Chief Financial Officer, National En- By Mr. WYDEN (for himself, Ms. BALD- MER, Mr. MORAN, Mr. NELSON, Mr. vironmental Satellite, Data, and Informa- WIN, Mr. BENNET, Mr. CARDIN, Mrs. COTTON, Mr. MENENDEZ, Mr. GRAHAM, tion Service, Department of Commerce, FEINSTEIN, Mr. KAINE, Mr. MERKLEY, Mrs. GILLIBRAND, Mr. CORNYN, Mr. transmitting, pursuant to law, the report of Mr. MURPHY, Ms. STABENOW, Mr. BLUMENTHAL, Mrs. ERNST, Mr. COONS, a rule entitled ‘‘Schedule of Fees for Access UDALL, and Ms. WARREN): Mr. YOUNG, Mr. BENNET, Mr. HELLER, to NOAA Environmental Data, Information, S. 26. A bill to amend the Ethics in Govern- Mr. CASEY, Mr. PORTMAN, Mr. DON- and Related Products and Services’’ ment Act of 1978 to require the disclosure of NELLY, Mr. MCCAIN, Ms. STABENOW,

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.020 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S60 CONGRESSIONAL RECORD — SENATE January 4, 2017 Mr. RISCH, Mr. PETERS, Mr. WYDEN, S. 28. A bill to amend the Internal ly health insurance premium under Mr. WARNER, Mr. SULLIVAN, Mr. Revenue Code of 1986 to expand the per- ObamaCare. This is for Maricopa Coun- BLUNT, Mr. BOOZMAN, Mr. ROBERTS, missible use of health savings accounts ty. It is the county in which I live and Mr. KENNEDY, Mr. COCHRAN, Mr. BAR- to include health insurance payments includes Phoenix. Homeowners can ex- RASSO, Ms. COLLINS, Mr. TOOMEY, Mr. pect to pay nearly $500 more per month MANCHIN, Mr. FLAKE, Mr. BOOKER, and to increase the dollar limitation and Mrs. CAPITO): for contributions to health savings ac- on their health insurance than they do S. Res. 6. A resolution objecting to United counts, and for other purposes; to the on their house—$500 more on their Nations Security Council Resolution 2334 Committee on Finance. health insurance than they do on their and to all efforts that undermine direct ne- Mr. FLAKE. Mr. President, I rise to house. This is for the ObamaCare silver gotiations between Israel and the Palestin- speak today about legislation I am in- plan premium. This is a family—age 40 ians for a secure and peaceful settlement; to troducing, the Health Savings Account with two children. So that’s about the the Committee on Foreign Relations. median, and this is the median mort- By Mr. CARDIN (for himself, Mr. Expansion Act. Earlier this month, individuals gage payment with respect to Maricopa LEAHY, Ms. WARREN, Mr. CARPER, Mrs. MURRAY, Mr. WYDEN, Mr. DUR- across this country were once again County—$500 more. BIN, Mr. REED, Ms. STABENOW, Mr. faced with fewer choices and increased Let’s see the visual for Pima County. BROWN, Mr. CASEY, Ms. KLOBUCHAR, costs when purchasing health insur- Pima County is home to Tucson. Mr. WHITEHOUSE, Mr. UDALL, Mr. ance coverage. Unfortunately, this has Health care premiums ran an average MERKLEY, Mr. BENNET, Mr. FRANKEN, been a common occurrence since the family $100 more per month than their Mr. COONS, Mr. BLUMENTHAL, Ms. Affordable Care Act’s inception, but no mortgage. So in Pima County you are BALDWIN, Mr. MURPHY, Ms. HIRONO, State, I can tell you, is feeling the still paying more—$100 more for your Mr. HEINRICH, Mr. MARKEY, Mr. BOOK- pinch more than my State of Arizona. health insurance premium than you ER, Mr. PETERS, Mr. VAN HOLLEN, and are for your mortgage. Mrs. FEINSTEIN): Prior to the flawed rollout of the ex- S. Con. Res. 4. A concurrent resolution changes in 2013, Arizona had 24 health Then there is Pinal County, the third clarifying any potential misunderstanding as insurance companies offering plans in largest in Arizona. According to Arizo- to whether actions taken by President-elect the individual market. Just last year, na’s Department of Insurance, the av- Donald Trump constitute a violation of the residents in Arizona’s most populous erage premium for a silver plan in Emoluments Clause, and calling on Presi- county Maricopa, where I live, had Pinal County for the average family of dent-elect Trump to divest his interest in, four is over $1700. That is double the and sever his relationship to, the Trump Or- only 8 private providers to choose from on the exchange—so from 24 to 8. Then, median monthly mortgage payment for ganization; to the Committee on Homeland the same county. If you live in Pinal Security and Governmental Affairs. if that wasn’t bad enough, a few County, AZ, you are paying twice as f months ago, individuals all across Ari- zona received notification that their much for your health insurance pre- ADDITIONAL COSPONSORS insurance plans were no longer being mium. Keep in mind, we are talking about S. 11 offered, despite the current administra- the premium, to say nothing of what At the request of Mr. HELLER, the tion’s hollow promise that they could happens when you go to the hospital or name of the Senator from Texas (Mr. keep their plans. Now nearly stripped to your doctor and you have to pay CORNYN) was added as a cosponsor of S. of their preferred health insurance, deductibles that are through the roof 11, a bill to recognize Jerusalem as the residents in 14 of 15 Arizona counties— or co-pays that people have never expe- capital of Israel, to relocate to Jeru- 14 out of 15 counties—logged into the rienced before. So when they utilize salem the United States Embassy in ObamaCare exchanges to shop for new that coverage they paid for with their Israel, and for other purposes. plans only to discover that instead of At the request of Mr. TOOMEY, his premium, they realize they can’t afford the vibrant marketplace they used to that either. name was added as a cosponsor of S. 11, have, they were left with only one in- supra. The situation isn’t unique to these surer to choose from—so from 24 to 8, counties, the three most populous S. 17 to 1 for 14 of Arizona’s 15 counties. counties in Arizona. In all 15 of Arizo- At the request of Mr. SASSE, the So today, when I hear my friends on na’s counties, premiums for a family of names of the Senator from Wisconsin the other side of the aisle talking 4 dramatically exceed the median (Mr. JOHNSON), the Senator from Dela- about preserving this wonderful pro- monthly mortgage. ware (Mr. CARPER), the Senator from gram, I am saying ‘‘What State of de- It is unacceptable for the Federal Hawaii (Mr. SCHATZ), the Senator from nial do you live in?’’ because it is cer- Government to force families to spend Wisconsin (Ms. BALDWIN), the Senator tainly not working in Arizona. In fact, upwards of $1,700 per month of their from Iowa (Mrs. ERNST) and the Sen- Pinal County in Arizona briefly held hard-earned income on a substandard ator from Wyoming (Mr. ENZI) were the unfortunate distinction as the only product without options or choices, added as cosponsors of S. 17, a bill to county in America without a single in- only to then slap them with a draco- ensure the Government Accountability surer willing to offer plans on its ex- nian penalty that they simply can’t af- Office has adequate access to informa- change, not a single one. Fortunately, ford to pay for an untenable law. tion. a few months later, one stepped in— Arizona is, without a doubt, ground S.J. RES. 2 just one. Of the plans that were ulti- zero for the structural failures that are At the request of Mr. CRUZ, the name mately made available to Arizonans on plaguing insurance markets around the of the Senator from Nebraska (Mr. the exchange, the average policy came country. Insurance exchanges are on SASSE) was added as a cosponsor of S.J. with a premium hike of nearly 50 per- the verge of collapsing; premiums, Res. 2, a joint resolution proposing an cent—an average of nearly 50 percent. deductibles, out-of-pocket expenses are amendment to the Constitution of the With only one game in town, there was skyrocketing; and our health care sys- United States relative to limiting the no shopping around for a better deal. tem is in desperate need of reform. number of terms that a Member of Con- To help put this in perspective, I That is why I stand here today to in- gress may serve. would like to compare the average cost troduce the Health Savings Account S. RES. 5 of health care coverage in Arizona to Expansion Act. At the request of Mr. MORAN, the one of the most important purchases a The Health Savings Account Expan- name of the Senator from Kansas (Mr. family will ever make, and that is a sion Act goes a long way toward re- ROBERTS) was added as a cosponsor of home. Throughout most counties in forming our health care system by put- S. Res. 5, a resolution expressing the Arizona, it is now cheaper to put a roof ting consumers back in charge of their sense of the Senate in support of Israel. over your family’s head than it is to own health care. The bill provides indi- f pay your monthly health insurance viduals and families with freedom to premium under ObamaCare. choose the health care that best meets STATEMENTS ON INTRODUCED Let me say that again. Throughout their needs and allows them to use BILLS AND JOINT RESOLUTIONS most counties in Arizona, it is now their health savings accounts on med- By Mr. FLAKE (for himself and cheaper to put a roof over your fam- ical products and services they value Mr. JOHNSON): ily’s head than it is to pay your month- most.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.004 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S61 HSAs give consumers greater control eral sex offenses; to the Committee on Through these provisions, the bill en- over their health care dollars by pro- the Judiciary. sures that minor victims have an ex- viding them with a tax-advantaged sav- Mrs. FEINSTEIN. Mr. President, I tended period to seek justice against ings option for their medical expenses. rise to introduce the Extending Justice their perpetrators after discovering This means that the dollars they work for Sex Crime Victims Act, a bill to ex- their injury or violation. so hard to save can grow over time, tax tend the time for minors to seek jus- I want to thank Senator CORNYN free, and can be withdrawn tax free for tice against their perpetrators. again for working so closely with me qualified medical expenses. The HSA Sex crimes committed against chil- on this issue. I also want to thank the Expansion Act strengthens this impor- dren tragically remain a vile and dan- cosponsors to this bill: Senators KLO- tant tool by nearly tripling the arbi- gerous reality in communities across BUCHAR, INHOFE, FRANKEN, FLAKE, trarily low contribution limits, thus this country. GILLIBRAND, TILLIS, and MARKEY. allowing for greater tax equity and Just this past summer, as the world I also want to acknowledge the sup- more universal participation in HSAs. tuned into the 2016 Olympic Games in port for this bill from the National The bill would then allow individuals Rio de Janeiro, the Indianapolis Star Center for Victims of Crime, Rape to use these expanded HSAs to help reported that USA Gymnastics had Abuse & Incest National Network, the cover the costs of their monthly health failed to report to law enforcement al- National Children’s Advocacy Center, insurance premiums. This is a criti- legations of child sexual abuse com- SGS for Healing, National Crime Vic- cally important feature, particularly mitted by some of its coaches. tim Law Institute, National Associa- for middle-class families whose in- Due to these purported failures, ath- tion of VOCA Assistance Administra- comes fall slightly above the qualified letes as young as 7 years old were re- tors, National Network to End Domes- threshold for subsidies but whose ported to have been abused for years, tic Violence, Stop the Silence, PRO- health insurance has become without any action taken to prevent TECT, the National Association to unaffordable. the abuse. Protect Children, Rights4Girls, End In Arizona, I like to go to the gym in Since the initial Indianapolis Star Rape on Campus, National Children’s the morning, and I like to get on an ex- report, more and more young gymnasts Alliance, Lauren’s Kids, Minnesota Co- ercise bike. By that bike is kind of a have come forward about their abuse. alition Against Sexual Assault, and hallway where people will walk by. In- All over the world, and all over this Survivors Network of those Abused by evitably, in the morning, I will have a country, sex abuse victims are bravely Priests. lineup of people who will stand to tell coming forward to tell their stories of me their ObamaCare horror stories— abuse when they were children. By Mr. WYDEN (for Mrs. FEIN- how much their premiums have gone In my home state of California, nu- STEIN (for herself, Mr. WYDEN, up or that they no longer have any op- merous victims have contacted my of- Ms. CANTWELL, Mr. MERKLEY, tions or that they have had to pay the fice. They have shared the amount of Mrs. MURRAY, and Ms. HARRIS)): penalty or that when they go to utilize courage and strength it took to finally S. 31. A bill to amend the Outer Con- their care, they simply can’t afford the come forward with their experiences. tinental Shelf Lands Act to perma- co-pays and deductibles. I can tell you, These stories represent an untold nently prohibit the conduct of offshore it is sobering to hear these stories amount of pain and suffering. They drilling on the outer Continental Shelf again and again and again. also represent how difficult it is to off the coast of California, Oregon, and In addition to further incentivizing come forward until later, in adulthood. Washington; to the Committee on En- prudent savings for health expenses, It has been estimated that 90 percent ergy and Natural Resources. this legislation repeals existing restric- of child sex crime victims never go to Mrs. FEINSTEIN. Mr. President, I tions put in place by ObamaCare on the authorities concerning their abuse. rise to introduce a bill, the West Coast over-the-counter medications while To put this into context, studies indi- Ocean Protection Act, which would also reducing the penalty for with- cate that at least one in four girls and amend the Outer Continental Shelf drawing HSA funds for nonqualified about one in five boys is sexually Lands Act to prohibit the Department purchases. These reforms will help abused. 90 percent of those victims of the Interior from issuing a lease for streamline HSAs while also making never go to the authorities. offshore oil or gas in federal waters off them more user-friendly for consumers. A great number of victims don’t ever the coast of California, Oregon, or Arizonans are struggling. They are disclose their abuse. If they do, they do Washington. struggling under the weight of bu- not come forward until many years I am pleased to be joined today by reaucracy that is complicating their later, after reaching adulthood. Senators WYDEN, MERKLEY, CANTWELL, health care decisions that are some of This bill extends the civil statute of MURRAY, and HARRIS in sponsoring this the most personal and important deci- limitations in two ways for minor vic- bill, which has been reintroduced in sions individuals make for themselves tims of Federal sex crimes to seek jus- every Congress since 2010. and their families. If we hope to lift tice against their perpetrators. The original impetus for this bill was that burden off the backs of our con- For one, the bill extends the statute the Deepwater Horizon catastrophe in stituents, we have to recognize that of limitations for minor victims until the Gulf of Mexico in April of 2010, the key to reforming our health care the age of 28, from age 21, for injuries which demonstrated yet again the system is not more government inter- stemming from sex crimes such as sex- risks of offshore oil and gas extraction. vention; rather, it is allowing individ- ual abuse and child pornography. When the Deepwater Horizon well uals the freedom to take back control Second, for the two laws that provide blew out, 11 people died and 17 others of their health care and incentivizing civil remedies for sex abuse and sex were injured. Oil and gas rushed into prudent decisionmaking. As the Senate looks to repeal this trafficking victims, the bill clarifies the Gulf of Mexico for 87 days. disastrous law and replace it with real that the statute of limitations does not Oil slicks spread across the Gulf of reforms that would successfully lower begin to run until after the victim ac- Mexico, tar balls spoiled the pristine health care costs and improve choice, I tually discovers the injury or the viola- white sand beaches of Florida, wet- look forward to working with my col- tion. lands were coated with toxic sludge, leagues to ensure that this legislation This is significant because victims of and more than one-third of federal is included in those negotiations. sex crimes are sometimes abused even waters in the Gulf were closed to fish- before they can remember the abuse, ing. By Mr. SCHUMER (for Mrs. FEIN- some as young as 3 years old. Some vic- While Deepwater Horizon served as STEIN (for herself, Mr. CORNYN, tims are unable to connect their abuse an important reminder, the dangers of Ms. KLOBUCHAR, Mr. INHOFE, to the injurious symptoms they exhibit offshore oil and gas were already too Mr. FRANKEN, Mr. TILLIS, Mrs. throughout their lives. well known to Californians. In 1969, the GILLIBRAND, Mr. MARKEY, and The bill therefore clarifies that the Santa Barbara oil spill leaked up to Mr. FLAKE)): limitations period begins when the vic- 100,000 barrels of oil, and remains the S. 30. A bill to extend the civil stat- tim first discovers the injury or the third largest oil spill in the country to ute of limitations for victims of Fed- violation. this day.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JA6.023 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S62 CONGRESSIONAL RECORD — SENATE January 4, 2017 Like the Deepwater Horizon, the resolution to the Israeli-Palestinian conflict (5) notes that granting membership and Santa Barbara oil spill was caused by a must come through direct, bilateral negotia- statehood standing to the Palestinians at natural gas blowout when pressure in tions without preconditions for a sustainable the United Nations, its specialized agencies, the drill hole fluctuated. two-state solution; and other international institutions outside It took 11 days to plug the hole with Whereas President Barack Obama ex- of the context of a bilateral peace agreement pressed before the United Nations General with Israel would cause severe harm to the mud and cement, but oil and gas con- Assembly in 2011 that ‘‘peace will not come peace process, and would likely trigger the tinued to seep for months. through statements and resolutions at the implementation of penalties under sections Using containment technologies still United Nations—if it were that easy, it 7036 and 7041(j) of the Department of State, in place today, the cleanup effort relied would have been accomplished by now’’; Foreign Operations, and Related Agencies on skimmers, detergent, and booms. Whereas Yasser Arafat committed by let- Appropriations Act, 2016 (division K of Pub- There has been no new drilling in ter dated September 9, 1993, to then Prime lic Law 114–113); waters controlled by the State of Cali- Minister Yitzhak Rabin, ‘‘The PLO commits (6) rejects any efforts by the United Na- fornia since then, and there has been itself to the Middle East peace process and to tions, United Nations agencies, United Na- no new drilling in Federal waters off the peaceful resolution of the conflict be- tions member states, and other international the coast of California since 1981. tween the two sides and declares that all organizations to use United Nations Security Appropriately, the most recent plan outstanding issues relating to permanent Council Resolution 2334 to further isolate from the Department of the Interior status will be resolved by negotiation.’’; Israel through economic or other boycotts or for Outer Continental Shelf Oil and Gas Whereas the United Nations has taken a any other measures, and urges the United long-standing biased approach towards States Government to take action where Leasing will not allow new leasing off Israel, confirmed in outgoing Secretary-Gen- needed to counter any attempts to use the Pacific Coast of California, Oregon eral Ban Ki Moon’s final address to the United Nations Security Council Resolution or Washington through 2022. United Nations Security Council, when he 2334 to further isolate Israel; The fact is that those of us on the described the ‘‘disproportionate’’ volume of (7) urges the current presidential adminis- Pacific coast do not want any further resolutions targeting Israel and stated that tration and all future presidential adminis- offshore oil or gas development. ‘‘decades of political maneuvering have cre- trations to uphold the practice of vetoing all In 2012 California’s 19 coastal coun- ated a disproportionate number of resolu- United Nations Security Council resolutions ties generated $662 billion in wages and tions, reports, and committees against that seek to insert the Council into the $1.7 trillion in GDP. This accounts for Israel’’; peace process, recognize unilateral Pales- 80 percent of the economic activity in Whereas the United Nations is not the ap- tinian actions including declaration of a Pal- the State. propriate venue and should not be a forum estinian state, or dictate terms and a California’s Ocean economy, includ- used for seeking unilateral action, recogni- timeline for a solution to the Israeli-Pales- tion, or dictating parameters for a two-state tinian conflict; ing tourism, recreation, and marine solution, including the status of Jerusalem; (8) reaffirms that it is the policy of the transportation, accounts for over Whereas it is long-standing practice of the United States to continue to seek a sustain- 489,000 jobs. United States Government to oppose and able, just, and secure two-state solution to Unlike other areas of the country, veto any United Nations Security Council resolve the conflict between the Israelis and any potential fossil fuel resources off resolution dictating terms, conditions, and the Palestinians; and the coast of California are likely to be timelines on the peace process; (9) urges the incoming Administration to found within only 50 miles of the coast, Whereas it is also the historic position of work with Congress to create conditions that because of the narrow shelf off the the United States Government to oppose and facilitate the resumption of direct, bilateral California coast. This means that any veto one-sided or anti-Israel resolutions at negotiations without preconditions between potential drilling, and any potential the United Nations Security Council; Israelis and Palestinians with the goal of spills, would be in direct conflict with Whereas efforts to impose a solution or pa- achieving a sustainable agreement that is rameters for a solution will make negotia- acceptable to both sides. the ocean environment and economy tions more difficult and will set back the f that my state enjoys. cause of peace; Enacting a permanent ban on off- Whereas the Obama Administration’s deci- SENATE CONCURRENT RESOLU- shore drilling would protect our coast sion not to veto United Nations Security TION 4—CLARIFYING ANY PO- for generations to come. Council Resolution 2334 (2016) is inconsistent TENTIAL MISUNDERSTANDING f with long-standing United States policy and AS TO WHETHER ACTIONS makes direct negotiations more, not less, SUBMITTED RESOLUTIONS challenging; TAKEN BY PRESIDENT-ELECT Whereas several United States administra- DONALD TRUMP CONSTITUTE A tions have articulated principles as a vision VIOLATION OF THE EMOLU- SENATE RESOLUTION 6—OBJECT- for achieving a two-state solution, including MENTS CLAUSE, AND CALLING ING TO UNITED NATIONS SECU- addressing borders, mutual recognition, refu- ON PRESIDENT-ELECT TRUMP TO RITY COUNCIL RESOLUTION 2334 gees, Jerusalem, and ending all outstanding DIVEST HIS INTEREST IN, AND AND TO ALL EFFORTS THAT UN- claims; SEVER HIS RELATIONSHIP TO, DERMINE DIRECT NEGOTIATIONS Whereas Israel is a vibrant democracy THE TRUMP ORGANIZATION BETWEEN ISRAEL AND THE PAL- whose leaders are elected and accountable to the Israeli people; and Mr. CARDIN (for himself, Mr. LEAHY, ESTINIANS FOR A SECURE AND Whereas the Palestinian Authority must Ms. WARREN, Mr. CARPER, Mrs. MUR- PEACEFUL SETTLEMENT engage in broad, meaningful, and systemic RAY, Mr. WYDEN, Mr. DURBIN, Mr. Mr. RUBIO (for himself, Mr. CARDIN, reforms in order to ultimately prepare its in- REED, Ms. STABENOW, Mr. BROWN, Mr. stitutions and people for statehood and Mr. MCCONNELL, Mr. SCHUMER, Mr. CASEY, Ms. KLOBUCHAR, Mr. WHITE- MORAN, Mr. NELSON, Mr. COTTON, Mr. peaceful coexistence with Israel: Now, there- fore, be it HOUSE, Mr. UDALL, Mr. MERKLEY, Mr. MENENDEZ, Mr. GRAHAM, Mrs. GILLI- BENNET, Mr. FRANKEN, Mr. COONS, Mr. Resolved, That the Senate— BRAND, Mr. CORNYN, Mr. BLUMENTHAL, BLUMENTHAL, Ms. BALDWIN, Mr. MUR- Mrs. ERNST, Mr. COONS, Mr. YOUNG, Mr. (1) expresses grave objection to United Na- tions Security Council Resolution 2334 (2016); PHY, Ms. HIRONO, Mr. HEINRICH, Mr. BENNET, Mr. HELLER, Mr. CASEY, Mr. (2) calls for United Nations Security Coun- MARKEY, Mr. BOOKER, Mr. PETERS, Mr. PORTMAN, Mr. DONNELLY, Mr. MCCAIN, cil Resolution 2334 to be repealed or fun- VAN HOLLEN, and Mrs. FEINSTEIN) sub- Ms. STABENOW ISCH ETERS , Mr. R , Mr. P , damentally altered so that it is no longer mitted the following concurrent resolu- Mr. WYDEN, Mr. WARNER, Mr. SUL- one-sided and allows all final status issues tion; which was referred to the Com- LIVAN, Mr. BLUNT, Mr. BOOZMAN, Mr. toward a two-state solution to be resolved mittee on Homeland Security and Gov- ROBERTS, Mr. KENNEDY, Mr. COCHRAN, through direct bilateral negotiations be- ernmental Affairs: Mr. BARRASSO, Ms. COLLINS, Mr. tween the parties; TOOMEY, Mr. MANCHIN, Mr. FLAKE, Mr. (3) rejects efforts by outside bodies, includ- S. CON. RES. 4 BOOKER, and Mrs. CAPITO) submitted ing the United Nations Security Council, to Whereas article I, section 9, clause 8 of the the following resolution; which was re- impose solutions from the outside that set United States Constitution (commonly ferred to the Committee on Foreign back the cause of peace; known as the ‘‘Emoluments Clause’’) de- (4) demands that the United States ensure clares, ‘‘No title of Nobility shall be granted Relations: that no action is taken at the Paris Con- by the United States: And no Person holding S. RES. 6 ference on the Israeli-Palestinian conflict any Office of Profit or Trust under them, Whereas it is long-standing policy of the scheduled for January 15, 2017, that imposes shall, without the Consent of the Congress, United States Government that a peaceful an agreement or parameters on the parties; accept of any present, Emolument, Office, or

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.023 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S63 Title, of any kind whatever, from any King, ganization to his children, such an arrange- The Founding Fathers addressed this Prince, or foreign State.’’; ment, in which the President-elect fails to grave concern by placing the Emolu- Whereas, according to the remarks of Gov- exit the ownership of his businesses through ments Clause within the Constitution ernor Edmund Randolph at the 1787 Constitu- use of a blind trust or equivalent, will leave tional Convention, the Emoluments Clause the President-elect with a personal financial as an explicit bar on foreign corruption ‘‘was thought proper, in order to exclude cor- interest in businesses that collect foreign and interference. Article I, section 9, ruption and foreign influence, to prohibit government payments and benefits, which clause 8 of the United States Constitu- any one in office from receiving or holding raises both constitutional and public inter- tion declares that: any emoluments from foreign states’’; est concerns; No title of Nobility shall be granted by the Whereas the issue of foreign corruption Whereas Presidents Ronald Reagan, George United States: And no Person holding any greatly concerned the Founding Fathers of H. W. Bush, William J. Clinton, and George Office of Profit or Trust under them, shall, the United States, such that Alexander Ham- W. Bush have set the precedent of using true without the Consent of the Congress, accept ilton in Federalist No. 22 wrote, ‘‘In repub- blind trusts, in which their holdings were of any present, Emolument, Office, or Title, lics, persons elevated from the mass of the liquidated and placed in new investments un- of any kind whatever, from any King, Prince, community, by the suffrages of their fellow- known to them by an independent trustee or foreign State. citizens, to stations of great pre-eminence who managed them free of familial bias; and power, may find compensations for be- Whereas the continued intermingling of Longstanding precedent has made it traying their trust, which, to any but minds the business of the Trump Organization and plain that the President of the United animated and guided by superior virtue, may the work of government has the potential to States, as the head of the executive appear to exceed the proportion of interest constitute the foreign corruption so feared branch of the government, clearly oc- they have in the common stock, and to over- by the Founding Fathers and to betray the cupies an ‘‘office of profit or trust’’. As balance the obligations of duty. Hence it is trust of America’s citizens; such, the Emoluments Clause clearly that history furnishes us with so many mor- Whereas the intent of this resolution is to applies to and constrains whomever tifying examples of the prevalency of foreign prevent any potential misunderstanding or holds the office of the Presidency. corruption in republican governments.’’; crisis with regards to whether the actions of Whereas the President of the United States Donald J. Trump as President of the United Past American presidents have recog- is the head of the executive branch of the States will violate the Emoluments Clause nized the danger of foreign corruption Federal Government and is expected to have of the Constitution, Federal law, or funda- and interference, or merely the percep- undivided loyalty to the United States, and mental principles of ethics; and tion of corruption and interference, clearly occupies an ‘‘office of profit or trust’’ Whereas Congress has an institutional, and have accordingly taken great pains within the meaning of article I, section 9, constitutional obligation to ensure that the to avoid even the appearance of impro- clause 8 of the Constitution, according to the President of the United States does not vio- Office of Legal Counsel of the Department of priety with regard to their personal late the Emoluments Clause and is dis- wealth and investments, ensuring that Justice; charging the obligations of office based on Whereas the Office of Legal Counsel of the the national interest, not based on personal such investments never interfere with Department of Justice opined in 2009 that interest: Now, therefore, be it performing their duties as President of corporations owned or controlled by a for- Resolved by the Senate (the House of Rep- the United States. Presidents Jimmy eign government are presumptively foreign resentatives concurring), That Congress— Carter, Ronald Reagan, George Herbert states under the Emoluments Clause; (1) calls upon President-elect Donald J. Walker Bush, Bill Clinton, and George Whereas President-elect Donald J. Trump Trump to follow the precedent established by has a business network, the Trump Organiza- W. Bush all had their assets placed into prior Presidents and convert his assets to blind trust while they were President. tion, that has financial interests around the simple, conflict-free holdings, adopt blind world and negotiates and concludes trans- trusts managed by an independent trustee To fulfill his promises of greater gov- actions with foreign states and entities that with no relationship to Donald J. Trump or ernment transparency, President are extensions of foreign states; his businesses, or take other equivalent Obama went even further and invested Whereas Michael Cohen, an attorney for measures, in order to ensure compliance the vast majority of his funds in U.S. Donald J. Trump and the Trump Organiza- with the Emoluments Clause of the United Treasury bonds. tion, initially stated that the Trump Organi- States Constitution; The President-elect has claimed he zation would be placed into a ‘‘blind trust’’ (2) calls upon President-elect Donald J. will ‘‘absolutely sever’’ his ties to the managed by Donald Trump’s children, Don- Trump not to use the powers or opportuni- ald Trump, Jr., Ivanka Trump, and Eric Trump Organization, which has finan- ties of his position as President-elect or cial interests around the world and ne- Trump; President of the United States for any pur- Whereas the very nature of a ‘‘blind trust’’ pose related to the Trump Organization; and gotiates and concludes transactions is such that the official will have no control (3) regards, in the absence of such actions with foreign states, as well as entities over, will receive no communications about, outlined in paragraph (1) or specific author- that are extensions of foreign states. and will have no knowledge of the identity of ization by Congress, dealings that Donald J. We have a constitutional duty to en- the specific assets held in the trust, and that Trump, as President of the United States, the manager of the trust is independent of sure that he does. It is easy to imagine may have through his companies with for- the owner, and as such the arrangement pro- circumstances in which a foreign gov- eign governments or entities owned or con- posed by Mr. Cohen is not a blind trust; ernment will want to give President trolled by foreign governments as potential Whereas, on November 30, 2016, President- Trump a personal gift through his busi- violations of the Emoluments Clause. elect Donald J. Trump announced on Twitter nesses with the intent to curry favor Mr. CARDIN. Mr. President, it is that ‘‘I will be holding a major news con- with him and seek to influence his de- with a renewed sense of purpose that I ference in New York City with my children cisions in ways that benefit them, in- reintroduce my resolution on the on December 15 to discuss the fact that I will stead of the American people—pre- be leaving my great business in total in Emoluments Clause. It is a resolution cisely the danger our Founding Fathers order to fully focus on running the country intended to uphold the values and in order to MAKE AMERICA GREAT strictures of one of our most sacred sought to protect against with the AGAIN!’’; documents. I am referring, of course, to Emoluments Clause. Whereas, on December 12, 2016, President- the Constitution, the instrument that, This is not an esoteric argument elect Donald J. Trump abruptly canceled the in but a short time, President-elect about rules that do not affect real peo- planned December 15, 2016 news conference, ple. Put simply, the American public and has provided no set date for a future an- Donald Trump will take an oath to pre- serve, protect, and defend. has a right to know that the President nouncement; of the United States is always acting in Whereas, on December 12, 2016, President- Our Founding Fathers could not have elect Donald J. Trump stated on Twitter, been clearer that any Federal office their best interest, and not take the ‘‘Even though I am not mandated by law to holder of the United States must never risk that his actions are influenced by do so, I will be leaving my busineses [sic] be- be put in a position where he or she some benefit or gift from a foreign gov- fore January 20th so that I can focus full could be influenced by a foreign gov- ernment like Russia or China. The citi- time on the Presidency. Two of my children, ernmental actor. It was a concern zens of this country need to know that Don and Eric, plus executives, will manage made explicit by Alexander Hamilton’s when the President of the United them. No new deals will be done during my writings in Federalist No. 22, in which States is making decisions about po- term(s) in office’’; tential trade agreements, sending Whereas numerous legal and constitutional he noted examples of republics that experts, including several former White had been ruthlessly dismembered by troops into war, or spending America’s House ethics counsels, have made clear that, their hostile neighbors who had para- great resources, those actions are mo- notwithstanding the problems inherent in lyzed the victim republic by bribing its tivated by the public interest, and not temporarily ceding control of the Trump Or- officers and officials. because they might advance or harm

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.025 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S64 CONGRESSIONAL RECORD — SENATE January 4, 2017 the President’s private pecuniary in- has no control over, will receive no my side, meaning, the president can’t terests. communications about, and will have have a conflict of interest.’’ This re- We should be concerned when the no knowledge of the identity of the grettable statement selectively picks President-elect is connected to an or- specific assets being held, and in which facts and shows a troubling disregard ganization that has dealings with coun- the trust’s manager operates independ- for the Constitution and for the duties tries and entities that are not inter- ently of the owner. owed to the American people. While ested in distinguishing between doing Around the same time President- the President, Vice President, Members business with President Trump and the elect Trump cancelled his December of Congress, and Federal judges may be profit-making organization that bears 15th announcement, he tweeted an- granted specific, limited exemptions his name. The President-elect’s failure other idea for disposition of his busi- from conflicts of interest so that they thus far to dispose of his business in- nesses, stating that ‘‘[t]wo of my chil- may act and carry out their duties, terests in a comprehensive fashion has dren, Don and Eric, plus executives, that law does not supersede the Con- left this door wide open, and we are al- will manage them. No new deals will be stitution nor, frankly, have anything ready seeing indications that foreign done during my term(s) in office’’. Let to do with the very specific provisions companies and businesses are begin- me be absolutely clear: the arrange- of the Emoluments Clause, which are ning to take advantage. Kuwait’s Na- ment tweeted by Mr. Trump is not suf- intended to prevent foreign govern- tional Day event, which has tradition- ficient and is hardly independent. Mr. mental financial influence over the ally been held at the Four Seasons in Trump would be well-aware of the spe- President. Washington, D.C., was moved to the cific assets held, and he could receive Even as some of the President-elect’s Trump International Hotel, allegedly communications about and take ac- most trusted surrogates have acknowl- because of pressure—or perhaps merely tions to affect the value of those as- edged that the potential ethics chal- a suggestion—from the President- sets. The idea that President-elect lenges facing President-elect Trump elect’s associates. Similarly, Bahrain Trump’s children, who are listed as are ‘‘a very real problem,’’ they have has chosen to schedule an event to members of his transition team and persisted in arguing that Mr. Trump is take place at the Trump International have already been present at meetings somehow exempt from constitutional Hotel. or phone calls with foreign leaders, can strictures, and even from the tempta- News reports suggest that one day ever be truly ‘‘independent managers’’ tion of corruption itself, by virtue of after a phone call between President- is simply not a credible resolution of his great wealth. For example, former elect Trump and the President of Ar- this concern. Speaker Gingrich has claimed ‘‘that This inadequate suggested arrange- gentina, permits under review for the this is a new situation we’ve never seen ment is not a blind trust and will not Trump building in Buenos Aires were before, and the rules [that] were writ- ensure compliance with the Emolu- suddenly approved. In China, just days ten for people who were dramatically ments Clause of the United States Con- less successful literally do not work,’’ after the presidential election, Donald stitution. Indeed, numerous legal and Trump scored a legal victory in a dec- while Mr. Trump’s leading candidate to constitutional experts, including Rich- head the administration’s Council of ade-long trademark dispute over the ard Painter, a former adviser to George Economic Advisors has claimed that right to use the Trump name for real W. Bush, have made clear that such an ‘‘[w]ealthy folks have no need to steal estate agent services in commercial arrangement will leave the President- or engage in corruption.’’ Really? That and residential properties in China. elect with a personal financial interest is a transparently false idea that one The timing of these actions is inter- in businesses that collect foreign gov- does not have to look very far to dis- esting, to put it mildly. ernment payments and benefits. The prove. We need only glance at the I sincerely regret the necessity of re- notion that the American people introducing this resolution. Just after countries where the Trump Organiza- should be satisfied by an unbinding tion has done business—places like Thanksgiving, when President-elect promise that no new deals will be pur- Russia, Azerbaijan, Argentina, and Ni- Trump held a press conference to state sued—a promise that does not define geria—to find numerous examples of that on December 15, 2016, he would what constitutes a ‘‘deal’’ and which already-wealthy government officials make an announcement about his fu- can be reneged on at any time—does who have used their positions to lie, ture with the Trump Organization, I not pass the laugh test. cheat, extort, and further enrich them- publicly said how encouraged I was to I must admit, I have also been quite selves and their families at the expense see the President-elect’s positive re- disturbed and disappointed by the re- of the people they are supposed to be sponse. When I first introduced this cent excuses and suggestions by surro- serving. resolution, my intent was to create an gate speakers and supporters of the It was the enduring wisdom of our opportunity for the President-elect to President-elect as to why no action Founders to recognize that America is act and remove this as an issue, so that need be taken and, indeed, by state- not magically immune from the cor- he could put aside any appearance of ments the President-elect has made ruption problems in other countries, impropriety and devote himself to good himself. President-elect Trump has and that not all men are angels. This is work on behalf of the American people. tweeted, [p]rior to the election it was why we place our trust in the Constitu- That is why I was disappointed when well known that I have interests in tion, not in individuals. A man with Mr. Trump abruptly canceled his De- properties all over the world.’’ This is more wealth and extensive foreign cember 15 announcement—and, as of undoubtedly true. But the American holdings than prior presidents is, by an today, he has not yet rescheduled it. people, in voting for a candidate, can- order of magnitude, more vulnerable to This issue is far too critical to kick the not—and, in fact, would not—want to foreign corruption and interference can down the road, or to ignore, before excuse a potential future violation of than any president before him. The an incipient violation of the Constitu- the Constitution by that candidate. In- Emoluments Clause has greater bear- tion becomes an actual violation. deed, I would say that President-elect ing on Mr. Trump’s presidency than his Even before Mr. Trump’s cancellation Trump has this idea backwards. Prior predecessors, not less. of his December 15 announcement, I to the election, he was well aware of No man can gain such wealth and was deeply concerned by statements he the fact that he had interests in unique power that he outgrows the limits of and his lawyers made with regard to properties all over the world. Since the our Constitution. John Adams said it the disposition of his numerous busi- President-elect has referred to himself best: ‘‘We are a government of laws, ness interests. Mr. Trump’s lawyers as ‘‘a constitutionalist,’’ he must have and not of men.’’ No matter our polit- had initially announced that the known of the importance of complying ical or partisan sympathies, we all rec- Trump Organization would be placed with the Constitution by severing his ognize that the Constitution is the law into a ‘‘blind trust’’ managed by Don- foreign business connections in ad- of the land, and that when the needs ald Trump’s older children. That ar- vance of his inauguration, which and ambitions of any man conflicts rangement is, unfortunately, by its makes his continued failure and delay with the Constitution, the Constitu- terms the complete opposite of an ac- on this front all the more inexplicable. tion must win out. tual blind trust. An actual blind trust On November 22nd, President-elect It has also been suggested by some of is an arrangement which the official Trump stated, ‘‘The law’s totally on Donald Trump’s supporters that the

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.026 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S65 Emoluments Clause does not actually current resolution S. Con. Res. 3, setting Sec. 4003. Application and effect of changes apply to the office of the Presidency. forth the congressional budget for the United in allocations and aggregates. Not only does this conflict with long- States Government for fiscal year 2017 and Sec. 4004. Exercise of rulemaking powers. standing understanding of the Emolu- setting forth the appropriate budgetary lev- TITLE I—RECOMMENDED LEVELS AND els for fiscal years 2018 through 2026; which AMOUNTS ments Clause in the Executive Branch, was ordered to lie on the table. Subtitle A—Budgetary Levels in Both Houses it contravenes both the strict interpre- SA 2. Mr. COONS submitted an amendment tation of the plain words of the Con- intended to be proposed by him to the con- SEC. 1101. RECOMMENDED LEVELS AND stitution, as well as the traditional current resolution S. Con. Res. 3, supra; AMOUNTS. values and practices adopted by pre- which was ordered to lie on the table. The following budgetary levels are appro- priate for each of fiscal years 2017 through vious presidents. SA 3. Mr. COONS submitted an amendment intended to be proposed by him to the con- 2026: To get around the ethics challenges (1) FEDERAL REVENUES.—For purposes of facing Mr. Trump, it has been sug- current resolution S. Con. Res. 3, supra; which was ordered to lie on the table. the enforcement of this resolution: gested by the President-elect’s sup- SA 4. Mr. COONS submitted an amendment (A) The recommended levels of Federal porters that a panel of five ‘‘experts’’ intended to be proposed by him to the con- revenues are as follows: regularly monitor the Trump Organiza- current resolution S. Con. Res. 3, supra; Fiscal year 2017: $2,682,088,000,000. tion businesses and tell the President which was ordered to lie on the table. Fiscal year 2018: $2,787,834,000,000. ‘‘don’t go over these bounds’’. It has SA 5. Mr. COONS submitted an amendment Fiscal year 2019: $2,884,637,000,000. intended to be proposed by him to the con- Fiscal year 2020: $3,012,645,000,000. even been suggested that the Presi- Fiscal year 2021: $3,131,369,000,000. dent-elect can simply sidestep ethics current resolution S. Con. Res. 3, supra; which was ordered to lie on the table. Fiscal year 2022: $3,262,718,000,000. issues that clearly violate the law by SA 6. Mr. NELSON submitted an amend- Fiscal year 2023: $3,402,888,000,000. pardoning advisors ‘‘if anyone finds ment intended to be proposed by him to the Fiscal year 2024: $3,556,097,000,000. them to have behaved against the concurrent resolution S. Con. Res. 3, supra; Fiscal year 2025: $3,727,756,000,000. rules’’. These ’ideas’ are non-starters which was ordered to lie on the table. Fiscal year 2026: $3,903,628,000,000. that cut dangerously against the plain SA 7. Mr. NELSON submitted an amend- (B) The amounts by which the aggregate intent of the Emoluments Clause. I am ment intended to be proposed by him to the levels of Federal revenues should be changed are as follows: afraid they show a disregard for the concurrent resolution S. Con. Res. 3, supra; which was ordered to lie on the table. Fiscal year 2017: $0. values of our Constitution. Fiscal year 2018: $0. The solution to this problem is sim- f Fiscal year 2019: $0. ple, not complex, and is set forth by TEXT OF AMENDMENTS Fiscal year 2020: $0. my resolution: President-elect Trump Fiscal year 2021: $0. SA 1. Mr. PAUL submitted an amend- has only to follow the precedents es- Fiscal year 2022: $0. ment intended to be proposed by him tablished by prior presidents and con- Fiscal year 2023: $0. to the concurrent resolution S. Con. Fiscal year 2024: $0. vert his assets to simple, conflict-free Res. 3, setting forth the congressional Fiscal year 2025: $0. holdings; adopt blind trusts managed budget for the United States Govern- Fiscal year 2026: $0. by truly independent trustees with no ment for fiscal year 2017 and setting (2) NEW BUDGET AUTHORITY.—For purposes relationship to Mr. Trump or his busi- forth the appropriate budgetary levels of the enforcement of this resolution, the ap- nesses; or to take other, equivalent propriate levels of total new budget author- for fiscal years 2018 through 2026; which measures. This solution also has the ity are as follows: was ordered to lie on the table; as fol- benefit of having been successfully im- Fiscal year 2017: $3,308,000,000,000. lows: plemented by every modem president Fiscal year 2018: $3,227,000,000,000. Fiscal year 2019: $3,104,000,000,000. before Mr. Trump. Strike all after the enacting clause and in- sert the following: Fiscal year 2020: $3,177,000,000,000. This resolution and its aims should SECTION 1. CONCURRENT RESOLUTION ON THE Fiscal year 2021: $3,152,000,000,000. not be viewed through the distorting BUDGET FOR FISCAL YEAR 2017. Fiscal year 2022: $3,091,000,000,000. prism of politics. I want the Trump ad- (a) DECLARATION.—Congress declares that Fiscal year 2023: $3,216,000,000,000. ministration to have the support from this resolution is the concurrent resolution Fiscal year 2024: $3,203,000,000,000. Congress to succeed on behalf of the on the budget for fiscal year 2017 and that Fiscal year 2025: $3,091,000,000,000. American people. Nevertheless, I be- this resolution sets forth the appropriate Fiscal year 2026: $3,127,000,000,000. lieve that Congress has an institu- budgetary levels for fiscal years 2018 through (3) BUDGET OUTLAYS.—For purposes of the 2026. enforcement of this resolution, the appro- tional, constitutional obligation to en- priate levels of total budget outlays are as sure that the President of the United (b) TABLE OF CONTENTS.—The table of con- tents for this concurrent resolution is as fol- follows: States, whoever that person may be, lows: Fiscal year 2017: $3,265,000,000,000. Fiscal year 2018: $3,265,000,000,000. does not violate our Constitution, acts Sec. 1. Concurrent resolution on the budget Fiscal year 2019: $3,265,000,000,000. lawfully, and is discharging the obliga- for fiscal year 2017. Fiscal year 2020: $3,265,000,000,000. tions of the office based on the broad TITLE I—RECOMMENDED LEVELS AND interests of the American people and Fiscal year 2021: $3,265,000,000,000. AMOUNTS Fiscal year 2022: $3,265,000,000,000. not his or her own narrow, personal in- Subtitle A—Budgetary Levels in Both Fiscal year 2023: $3,265,000,000,000. terests. Houses Fiscal year 2024: $3,265,000,000,000. Despite the late hour—just days be- Sec. 1101. Recommended levels and amounts. Fiscal year 2025: $3,265,000,000,000. fore the inauguration—it is still pos- Sec. 1102. Major functional categories. Fiscal year 2026: $3,265,000,000,000. sible for President-elect Trump to live Subtitle B—Levels and Amounts in the (4) DEFICITS.—For purposes of the enforce- up to the values of the Constitution, Senate ment of this resolution, the amounts of the deficits are as follows: give the American people the trans- Sec. 1201. Social Security in the Senate. parency they deserve, and completely Fiscal year 2017: $582,570,000,000. Sec. 1202. Postal Service discretionary ad- Fiscal year 2018: $477,050,000,000. sever his relationship with the Trump ministrative expenses in the Fiscal year 2019: $409,980,000,000. Organization before he takes the oath Senate. Fiscal year 2020: $314,540,000,000. of office on January 20, 2017. To do so TITLE II—RECONCILIATION Fiscal year 2021: $232,080,000,000. would avoid a constitutional crisis that Sec. 2001. Reconciliation in the Senate. Fiscal year 2022: $140,670,000,000. would not serve the best interests of Sec. 2002. Reconciliation in the House of Fiscal year 2023: $41,860,000,000. the President, Congress, or the Amer- Representatives. Fiscal year 2024: ¥$68,390,000,000. ¥ ican people. Therefore, I ask for TITLE III—RESERVE FUNDS Fiscal year 2025: $191,380,000,000. Fiscal year 2026: ¥$314,150,000,000. prompt, bipartisan support to advance Sec. 3001. Deficit-neutral reserve fund for (5) PUBLIC DEBT.—Pursuant to section health care legislation. this vital resolution. 301(a)(5) of the Congressional Budget Act of Sec. 3002. Reserve fund for health care legis- f 1974 (2 U.S.C. 632(a)(5)), the appropriate levels lation. of the public debt are as follows: AMENDMENTS SUBMITTED AND TITLE IV—OTHER MATTERS PROPOSED Fiscal year 2017: $20,034,790,000,000. Sec. 4001. Enforcement filing. Fiscal year 2018: $20,719,451,000,000. SA 1. Mr. PAUL submitted an amendment Sec. 4002. Budgetary treatment of adminis- Fiscal year 2019: $21,326,280,000,000. intended to be proposed by him to the con- trative expenses. Fiscal year 2020: $22,018,470,000,000.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.027 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S66 CONGRESSIONAL RECORD — SENATE January 4, 2017 Fiscal year 2021: $22,775,170,000,000. Fiscal year 2017: (A) New budget authority, $51,761,000,000. Fiscal year 2022: $23,596,110,000,000. (A) New budget authority, $31,562,000,000. (B) Outlays, $51,164,000,000. Fiscal year 2023: $24,553,462,050,000. (B) Outlays, $30,988,000,000. Fiscal year 2026: Fiscal year 2024: $25,523,091,900,000. Fiscal year 2018: (A) New budget authority, $53,017,000,000. Fiscal year 2025: $26,431,371,000,000. (A) New budget authority, $32,787,000,000. (B) Outlays, $51,915,000,000. Fiscal year 2026: $27,445,091,000,000. (B) Outlays, $32,225,000,000. (6) Agriculture (350): (6) DEBT HELD BY THE PUBLIC.—The appro- Fiscal year 2019: Fiscal year 2017: priate levels of debt held by the public are as (A) New budget authority, $33,476,000,000. (A) New budget authority, $25,214,000,000. follows: (B) Outlays, $32,978,000,000. (B) Outlays, $24,728,000,000. Fiscal year 2017: $14,593,320,000,000. Fiscal year 2020: Fiscal year 2018: Fiscal year 2018: $15,151,404,000,000. (A) New budget authority, $34,202,000,000. (A) New budget authority, $26,148,000,000. Fiscal year 2019: $15,734,220,000,000. (B) Outlays, $33,645,000,000. (B) Outlays, $24,821,000,000. Fiscal year 2020: $16,428,900,000,000. Fiscal year 2021: Fiscal year 2019: Fiscal year 2021: $17,210,990,000,000. (A) New budget authority, $34,961,000,000. (A) New budget authority, $23,483,000,000. Fiscal year 2022: $18,087,150,000,000. Fiscal year 2023: $19,083,597,410,000. (B) Outlays, $34,313,000,000. (B) Outlays, $21,927,000,000. Fiscal year 2024: $20,105,084,600,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2025: $21,151,091,000,000. (A) New budget authority, $35,720,000,000. (A) New budget authority, $22,438,000,000. Fiscal year 2026: $22,324,428,000,000. (B) Outlays, $35,038,000,000. (B) Outlays, $21,751,000,000. Fiscal year 2023: Fiscal year 2021: SEC. 1102. MAJOR FUNCTIONAL CATEGORIES. (A) New budget authority, $36,516,000,000. (A) New budget authority, $22,834,000,000. Congress determines and declares that the (B) Outlays, $35,812,000,000. (B) Outlays, $22,179,000,000. appropriate levels of new budget authority Fiscal year 2024: Fiscal year 2022: and outlays for fiscal years 2017 through 2026 (A) New budget authority, $37,318,000,000. (A) New budget authority, $22,600,000,000. for each major functional category are: (B) Outlays, $36,580,000,000. (B) Outlays, $21,984,000,000. (1) National Defense (050): Fiscal year 2025: Fiscal year 2023: Fiscal year 2017: (A) New budget authority, $38,151,000,000. (A) New budget authority, $23,037,000,000. (A) New budget authority, $623,910,000,000. (B) Outlays, $37,393,000,000. (B) Outlays, $22,437,000,000. (B) Outlays, $603,716,000,000. Fiscal year 2026: Fiscal year 2024: Fiscal year 2018: (A) New budget authority, $39,021,000,000. (A) New budget authority, $23,018,000,000. (A) New budget authority, $618,347,000,000. (B) Outlays, $38,238,000,000. (B) Outlays, $22,409,000,000. (B) Outlays, $601,646,000,000. (4) Energy (270): Fiscal year 2025: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $23,343,000,000. (A) New budget authority, $632,742,000,000. (A) New budget authority, $4,773,000,000. (B) Outlays, $22,714,000,000. (B) Outlays, $617,943,000,000. (B) Outlays, $3,455,000,000. Fiscal year 2026: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $23,812,000,000. (A) New budget authority, $648,198,000,000. (A) New budget authority, $4,509,000,000. (B) Outlays, $23,192,000,000. (B) Outlays, $632,435,000,000. (B) Outlays, $3,495,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2021: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $663,703,000,000. (A) New budget authority, $4,567,000,000. (A) New budget authority, $14,696,000,000. (B) Outlays, $646,853,000,000. (B) Outlays, $4,058,000,000. (B) Outlays, $666,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $679,968,000,000. (A) New budget authority, $4,975,000,000. (A) New budget authority, $16,846,000,000. (B) Outlays, $666,926,000,000. (B) Outlays, $4,456,000,000. (B) Outlays, $1,378,000,000. Fiscal year 2023: Fiscal year 2021: Fiscal year 2019: (A) New budget authority, $696,578,000,000. (A) New budget authority, $5,109,000,000. (A) New budget authority, $18,171,000,000. (B) Outlays, $678,139,000,000. (B) Outlays, $4,523,000,000. (B) Outlays, $5,439,000,000. Fiscal year 2024: Fiscal year 2022: Fiscal year 2020: (A) New budget authority, $713,664,000,000. (A) New budget authority, $5,019,000,000. (A) New budget authority, $15,799,000,000. (B) Outlays, $689,531,000,000. (B) Outlays, $4,332,000,000. (B) Outlays, $2,666,000,000. Fiscal year 2025: Fiscal year 2023: Fiscal year 2021: (A) New budget authority, $731,228,000,000. (A) New budget authority, $4,083,000,000. (A) New budget authority, $14,821,000,000. (B) Outlays, $711,423,000,000. (B) Outlays, $3,337,000,000. (B) Outlays, $915,000,000. Fiscal year 2026: Fiscal year 2024: Fiscal year 2022: (A) New budget authority, $750,069,000,000. (A) New budget authority, $3,590,000,000. (A) New budget authority, $15,408,000,000. (B) Outlays, $729,616,000,000. (B) Outlays, $2,796,000,000. (B) Outlays, $674,000,000. (2) International Affairs (150): Fiscal year 2025: Fiscal year 2023: Fiscal year 2017: (A) New budget authority, $3,608,000,000. (A) New budget authority, $15,739,000,000. (A) New budget authority, $61,996,000,000. (B) Outlays, $2,755,000,000. (B) Outlays, ¥$840,000,000. (B) Outlays, $51,907,000,000. Fiscal year 2026: Fiscal year 2024: Fiscal year 2018: (A) New budget authority, $5,955,000,000. (A) New budget authority, $16,143,000,000. (A) New budget authority, $60,099,000,000. (B) Outlays, $5,124,000,000. (B) Outlays, ¥$1,688,000,000. (B) Outlays, $53,541,000,000. (5) Natural Resources and Environment Fiscal year 2025: Fiscal year 2019: (300): (A) New budget authority, $17,889,000,000. (A) New budget authority, $61,097,000,000. Fiscal year 2017: (B) Outlays, ¥$2,003,000,000. (B) Outlays, $55,800,000,000. (A) New budget authority, $41,264,000,000. Fiscal year 2026: Fiscal year 2020: (B) Outlays, $42,254,000,000. (A) New budget authority, $17,772,000,000. (A) New budget authority, $60,686,000,000. Fiscal year 2018: (B) Outlays, ¥$2,238,000,000. (B) Outlays, $57,690,000,000. (A) New budget authority, $43,738,000,000. (8) Transportation (400): Fiscal year 2021: (B) Outlays, $44,916,000,000. Fiscal year 2017: (A) New budget authority, $61,085,000,000. Fiscal year 2019: (A) New budget authority, $92,782,000,000. (B) Outlays, $58,756,000,000. (A) New budget authority, $44,486,000,000. (B) Outlays, $91,684,000,000. Fiscal year 2022: (B) Outlays, $45,425,000,000. Fiscal year 2018: (A) New budget authority, $62,576,000,000. Fiscal year 2020: (A) New budget authority, $94,400,000,000. (B) Outlays, $60,205,000,000. (A) New budget authority, $46,201,000,000. (B) Outlays, $93,214,000,000. Fiscal year 2023: (B) Outlays, $46,647,000,000. Fiscal year 2019: (A) New budget authority, $64,141,000,000. Fiscal year 2021: (A) New budget authority, $96,522,000,000. (B) Outlays, $61,513,000,000. (A) New budget authority, $47,126,000,000. (B) Outlays, $95,683,000,000. Fiscal year 2024: (B) Outlays, $47,457,000,000. Fiscal year 2020: (A) New budget authority, $65,588,000,000. Fiscal year 2022: (A) New budget authority, $91,199,000,000. (B) Outlays, $62,705,000,000. (A) New budget authority, $48,203,000,000. (B) Outlays, $97,992,000,000. Fiscal year 2025: (B) Outlays, $48,388,000,000. Fiscal year 2021: (A) New budget authority, $67,094,000,000. Fiscal year 2023: (A) New budget authority, $92,154,000,000. (B) Outlays, $63,915,000,000. (A) New budget authority, $49,403,000,000. (B) Outlays, $99,772,000,000. Fiscal year 2026: (B) Outlays, $49,536,000,000. Fiscal year 2022: (A) New budget authority, $68,692,000,000. Fiscal year 2024: (A) New budget authority, $93,111,000,000. (B) Outlays, $65,305,000,000. (A) New budget authority, $50,497,000,000. (B) Outlays, $101,692,000,000. (3) General Science, Space, and Technology (B) Outlays, $50,055,000,000. Fiscal year 2023: (250): Fiscal year 2025: (A) New budget authority, $94,118,000,000.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.029 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S67 (B) Outlays, $103,431,000,000. (A) New budget authority, $677,902,000,000. (B) Outlays, $43,373,000,000. Fiscal year 2024: (B) Outlays, $676,781,000,000. Fiscal year 2020: (A) New budget authority, $95,143,000,000. Fiscal year 2022: (A) New budget authority, $46,627,000,000. (B) Outlays, $105,313,000,000. (A) New budget authority, $711,176,000,000. (B) Outlays, $46,627,000,000. Fiscal year 2025: (B) Outlays, $709,301,000,000. Fiscal year 2021: (A) New budget authority, $96,209,000,000. Fiscal year 2023: (A) New budget authority, $50,035,000,000. (B) Outlays, $107,374,000,000. (A) New budget authority, $744,335,000,000. (B) Outlays, $50,035,000,000. Fiscal year 2026: (B) Outlays, $742,568,000,000. Fiscal year 2022: (A) New budget authority, $97,323,000,000. Fiscal year 2024: (A) New budget authority, $53,677,000,000. (B) Outlays, $109,188,000,000. (A) New budget authority, $780,899,000,000. (B) Outlays, $53,677,000,000. (9) Community and Regional Development (B) Outlays, $778,293,000,000. Fiscal year 2023: (450): Fiscal year 2025: (A) New budget authority, $57,540,000,000. Fiscal year 2017: (A) New budget authority, $818,388,000,000. (B) Outlays, $57,540,000,000. (A) New budget authority, $19,723,000,000. (B) Outlays, $815,246,000,000. Fiscal year 2024: (B) Outlays, $22,477,000,000. Fiscal year 2026: (A) New budget authority, $61,645,000,000. Fiscal year 2018: (A) New budget authority, $857,176,000,000. (B) Outlays, $61,645,000,000. (A) New budget authority, $19,228,000,000. (B) Outlays, $853,880,000,000. Fiscal year 2025: (B) Outlays, $21,277,000,000. (12) Medicare (570): (A) New budget authority, $66,076,000,000. Fiscal year 2019: Fiscal year 2017: (B) Outlays, $66,076,000,000. (A) New budget authority, $19,457,000,000. (A) New budget authority, $600,857,000,000. Fiscal year 2026: (B) Outlays, $20,862,000,000. (B) Outlays, $600,836,000,000. (A) New budget authority, $70,376,000,000. Fiscal year 2020: Fiscal year 2018: (B) Outlays, $70,376,000,000. (A) New budget authority, $19,941,000,000. (A) New budget authority, $600,832,000,000. (15) Veterans Benefits and Services (700): (B) Outlays, $20,011,000,000. (B) Outlays, $600,762,000,000. Fiscal year 2017: Fiscal year 2021: Fiscal year 2019: (A) New budget authority, $177,448,000,000. (A) New budget authority, $20,384,000,000. (A) New budget authority, $667,638,000,000. (B) Outlays, $182,448,000,000. (B) Outlays, $21,048,000,000. (B) Outlays, $667,571,000,000. Fiscal year 2018: Fiscal year 2022: Fiscal year 2020: (A) New budget authority, $178,478,000,000. (A) New budget authority, $20,825,000,000. (A) New budget authority, $716,676,000,000. (B) Outlays, $179,109,000,000. (B) Outlays, $19,831,000,000. (B) Outlays, $716,575,000,000. Fiscal year 2019: Fiscal year 2023: Fiscal year 2021: (A) New budget authority, $193,088,000,000. (A) New budget authority, $21,288,000,000. (A) New budget authority, $767,911,000,000. (B) Outlays, $192,198,000,000. (B) Outlays, $19,535,000,000. (B) Outlays, $767,814,000,000. Fiscal year 2020: Fiscal year 2024: Fiscal year 2022: (A) New budget authority, $199,907,000,000. (A) New budget authority, $21,756,000,000. (A) New budget authority, $862,042,000,000. (B) Outlays, $198,833,000,000. (B) Outlays, $19,787,000,000. (B) Outlays, $861,941,000,000. Fiscal year 2021: Fiscal year 2025: Fiscal year 2023: (A) New budget authority, $206,700,000,000. (A) New budget authority, $22,245,000,000. (A) New budget authority, $886,515,000,000. (B) Outlays, $205,667,000,000. (B) Outlays, $19,285,000,000. (B) Outlays, $886,407,000,000. Fiscal year 2022: Fiscal year 2026: Fiscal year 2024: (A) New budget authority, $223,542,000,000. (A) New budget authority, $22,751,000,000. (A) New budget authority, $903,861,000,000. (B) Outlays, $222,308,000,000. (B) Outlays, $20,037,000,000. (B) Outlays, $903,750,000,000. Fiscal year 2023: (10) Education, Training, Employment, and Fiscal year 2025: (A) New budget authority, $221,861,000,000. Social Services (500): (A) New budget authority, $1,007,624,000,000. (B) Outlays, $220,563,000,000. Fiscal year 2017: (B) Outlays, $1,007,510,000,000. Fiscal year 2024: (A) New budget authority, $104,433,000,000. Fiscal year 2026: (A) New budget authority, $219,382,000,000. (B) Outlays, $104,210,000,000. (A) New budget authority, $1,085,293,000,000. (B) Outlays, $218,147,000,000. Fiscal year 2018: (B) Outlays, $1,085,173,000,000. Fiscal year 2025: (A) New budget authority, $108,980,000,000. (13) Income Security (600): (A) New budget authority, $237,641,000,000. (B) Outlays, $112,802,000,000. Fiscal year 2017: (B) Outlays, $236,254,000,000. Fiscal year 2019: (A) New budget authority, $518,181,000,000. Fiscal year 2026: (A) New budget authority, $112,424,000,000. (B) Outlays, $511,658,000,000. (A) New budget authority, $245,565,000,000. (B) Outlays, $110,765,000,000. Fiscal year 2018: (B) Outlays, $244,228,000,000. Fiscal year 2020: (A) New budget authority, $524,233,000,000. (16) Administration of Justice (750): (A) New budget authority, $114,905,000,000. (B) Outlays, $511,612,000,000. Fiscal year 2017: (B) Outlays, $113,377,000,000. Fiscal year 2019: (A) New budget authority, $64,519,000,000. Fiscal year 2021: (A) New budget authority, $542,725,000,000. (B) Outlays, $58,662,000,000. (A) New budget authority, $116,921,000,000. (B) Outlays, $534,067,000,000. Fiscal year 2018: (B) Outlays, $115,591,000,000. Fiscal year 2020: (A) New budget authority, $62,423,000,000. Fiscal year 2022: (A) New budget authority, $558,241,000,000. (B) Outlays, $63,800,000,000. (A) New budget authority, $119,027,000,000. (B) Outlays, $549,382,000,000. Fiscal year 2019: (B) Outlays, $117,545,000,000. Fiscal year 2021: (A) New budget authority, $62,600,000,000. Fiscal year 2023: (A) New budget authority, $571,963,000,000. (B) Outlays, $66,596,000,000. (A) New budget authority, $121,298,000,000. (B) Outlays, $563,481,000,000. Fiscal year 2020: (B) Outlays, $119,761,000,000. Fiscal year 2022: (A) New budget authority, $64,168,000,000. Fiscal year 2024: (A) New budget authority, $590,120,000,000. (B) Outlays, $69,555,000,000. (A) New budget authority, $123,621,000,000. (B) Outlays, $587,572,000,000. Fiscal year 2021: (B) Outlays, $122,001,000,000. Fiscal year 2023: (A) New budget authority, $65,134,000,000. Fiscal year 2025: (A) New budget authority, $599,505,000,000. (B) Outlays, $68,538,000,000. (A) New budget authority, $126,016,000,000. (B) Outlays, $592,338,000,000. Fiscal year 2022: (B) Outlays, $124,359,000,000. Fiscal year 2024: (A) New budget authority, $66,776,000,000. Fiscal year 2026: (A) New budget authority, $609,225,000,000. (B) Outlays, $67,691,000,000. (A) New budget authority, $128,391,000,000. (B) Outlays, $597,287,000,000. Fiscal year 2023: (B) Outlays, $126,748,000,000. Fiscal year 2025: (A) New budget authority, $68,489,000,000. (11) Health (550): (A) New budget authority, $630,433,000,000. (B) Outlays, $68,466,000,000. Fiscal year 2017: (B) Outlays, $619,437,000,000. Fiscal year 2024: (A) New budget authority, $562,137,000,000. Fiscal year 2026: (A) New budget authority, $70,227,000,000. (B) Outlays, $560,191,000,000. (A) New budget authority, $646,660,000,000. (B) Outlays, $69,976,000,000. Fiscal year 2018: (B) Outlays, $641,957,000,000. Fiscal year 2025: (A) New budget authority, $583,006,000,000. (14) Social Security (650): (A) New budget authority, $72,023,000,000. (B) Outlays, $593,197,000,000. Fiscal year 2017: (B) Outlays, $71,615,000,000. Fiscal year 2019: (A) New budget authority, $37,199,000,000. Fiscal year 2026: (A) New budget authority, $615,940,000,000. (B) Outlays, $37,227,000,000. (A) New budget authority, $79,932,000,000. (B) Outlays, $618,089,000,000. Fiscal year 2018: (B) Outlays, $80,205,000,000. Fiscal year 2020: (A) New budget authority, $40,124,000,000. (17) General Government (800): (A) New budget authority, $655,892,000,000. (B) Outlays, $40,141,000,000. Fiscal year 2017: (B) Outlays, $645,814,000,000. Fiscal year 2019: (A) New budget authority, $25,545,000,000. Fiscal year 2021: (A) New budget authority, $43,373,000,000. (B) Outlays, $24,318,000,000.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.029 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S68 CONGRESSIONAL RECORD — SENATE January 4, 2017 Fiscal year 2018: (B) Outlays, ¥$68,467,000,000. Fiscal year 2020: $918,110,000,000. (A) New budget authority, $27,095,000,000. (20) New Efficiencies, Consolidations, and Fiscal year 2021: $950,341,000,000. (B) Outlays, $25,884,000,000. Other Savings (930): Fiscal year 2022: $984,537,000,000. Fiscal year 2019: Fiscal year 2017: Fiscal year 2023: $1,020,652,000,000. (A) New budget authority, $27,620,000,000. (A) New budget authority, $0. Fiscal year 2024: $1,058,799,000,000. (B) Outlays, $26,584,000,000. (B) Outlays, $0. Fiscal year 2025: $1,097,690,000,000. Fiscal year 2020: Fiscal year 2018: Fiscal year 2026: $1,138,243,000,000. (A) New budget authority, $28,312,000,000. (A) New budget authority, (b) SOCIAL SECURITY OUTLAYS.—For pur- (B) Outlays, $27,576,000,000. ¥$122,832,000,000. poses of Senate enforcement under sections Fiscal year 2021: (B) Outlays, ¥$64,732,000,000. 302 and 311 of the Congressional Budget Act (A) New budget authority, $29,046,000,000. Fiscal year 2019: of 1974 (2 U.S.C. 633 and 642), the amounts of (B) Outlays, $28,366,000,000. (A) New budget authority, outlays of the Federal Old-Age and Survivors Fiscal year 2022: ¥$486,210,000,000. Insurance Trust Fund and the Federal Dis- (A) New budget authority, $29,787,000,000. (B) Outlays, ¥$293,575,000,000. ability Insurance Trust Fund are as follows: (B) Outlays, $29,149,000,000. Fiscal year 2020: Fiscal year 2017: $805,366,000,000. Fiscal year 2023: (A) New budget authority, Fiscal year 2018: $857,840,000,000. (A) New budget authority, $30,519,000,000. ¥$602,060,000,000. Fiscal year 2019: $916,764,000,000. (B) Outlays, $29,886,000,000. (B) Outlays, ¥$476,642,000,000. Fiscal year 2020: $980,634,000,000. Fiscal year 2021: $1,049,127,000,000. Fiscal year 2024: Fiscal year 2021: Fiscal year 2022: $1,123,266,000,000. (A) New budget authority, $31,101,000,000. (A) New budget authority, Fiscal year 2023: $1,200,734,000,000. (B) Outlays, $30,494,000,000. ¥$795,700,000,000. Fiscal year 2025: ¥ Fiscal year 2024: $1,281,840,000,000. (B) Outlays, $651,871,000,000. Fiscal year 2025: $1,369,403,000,000. (A) New budget authority, $31,942,000,000. Fiscal year 2022: (B) Outlays, $31,248,000,000. Fiscal year 2026: $1,463,057,000,000. (A) New budget authority, (c) SOCIAL SECURITY ADMINISTRATIVE EX- Fiscal year 2026: ¥ $1,097,280,000,000. PENSES.—In the Senate, the amounts of new (A) New budget authority, $32,789,000,000. ¥ (B) Outlays, $895,141,000,000. budget authority and budget outlays of the (B) Outlays, $32,071,000,000. Fiscal year 2023: (18) Net Interest (900): Federal Old-Age and Survivors Insurance (A) New budget authority, Trust Fund and the Federal Disability Insur- Fiscal year 2017: ¥ $1,121,290,000,000. ance Trust Fund for administrative expenses (A) New budget authority, $393,295,000,000. ¥ (B) Outlays, $1,031,080,000,000. are as follows: (B) Outlays, $393,295,000,000. Fiscal year 2024: Fiscal year 2018: Fiscal year 2017: (A) New budget authority, (A) New budget authority, $5,663,000,000. (A) New budget authority, $453,250,000,000. ¥ $1,270,830,000,000. (B) Outlays, $5,673,000,000. (B) Outlays, $453,250,000,000. (B) Outlays, ¥$1,154,668,000,000. Fiscal year 2019: Fiscal year 2018: Fiscal year 2025: (A) New budget authority, $6,021,000,000. (A) New budget authority, $526,618,000,000. (A) New budget authority, (B) Outlays, $526,618,000,000. (B) Outlays, $5,987,000,000. ¥$1,635,520,000,000. Fiscal year 2020: Fiscal year 2019: (B) Outlays, ¥$1,409,151,000,000. (A) New budget authority, $590,571,000,000. (A) New budget authority, $6,205,000,000. Fiscal year 2026: (B) Outlays, $590,571,000,000. (B) Outlays, $6,170,000,000. (A) New budget authority, Fiscal year 2021: Fiscal year 2020: ¥$1,833,970,000,000. (A) New budget authority, $645,719,000,000. (A) New budget authority, $6,393,000,000. (B) Outlays, ¥$1,647,543,000,000. (B) Outlays, $645,719,000,000. (B) Outlays, $6,357,000,000. (21) Undistributed Offsetting Receipts (950): Fiscal year 2022: Fiscal year 2021: Fiscal year 2017: (A) New budget authority, $6,589,000,000. (A) New budget authority, $698,101,000,000. ¥ (A) New budget authority, $87,685,000,000. (B) Outlays, $6,552,000,000. (B) Outlays, $698,101,000,000. ¥ Fiscal year 2023: (B) Outlays, $87,685,000,000. Fiscal year 2022: (A) New budget authority, $755,288,000,000. Fiscal year 2018: (A) New budget authority, $6,787,000,000. ¥ (B) Outlays, $755,288,000,000. (A) New budget authority, $88,347,000,000. (B) Outlays, $6,750,000,000. ¥ Fiscal year 2024: (B) Outlays, $88,347,000,000. Fiscal year 2023: (A) New budget authority, $806,202,000,000. Fiscal year 2019: (A) New budget authority, $6,992,000,000. ¥ (B) Outlays, $806,202,000,000. (A) New budget authority, $80,125,000,000. (B) Outlays, $6,953,000,000. ¥ Fiscal year 2025: (B) Outlays, $80,125,000,000. Fiscal year 2024: (A) New budget authority, $854,104,000,000. Fiscal year 2020: (A) New budget authority, $7,206,000,000. ¥ (B) Outlays, $854,104,000,000. (A) New budget authority, $81,468,000,000. (B) Outlays, $7,166,000,000. ¥ Fiscal year 2026: (B) Outlays, $81,468,000,000. Fiscal year 2025: (A) New budget authority, $903,443,000,000. Fiscal year 2021: (A) New budget authority, $7,428,000,000. ¥ (B) Outlays, $903,443,000,000. (A) New budget authority, $84,183,000,000. (B) Outlays, $7,387,000,000. ¥ (19) Allowances (920): (B) Outlays, $84,183,000,000. Fiscal year 2026: Fiscal year 2017: Fiscal year 2022: (A) New budget authority, $7,659,000,000. ¥ (A) New budget authority, ¥$3,849,000,000. (A) New budget authority, $86,292,000,000. (B) Outlays, $7,615,000,000. (B) Outlays, ¥$86,292,000,000. (B) Outlays, $7,627,000,000. SEC. 1202. POSTAL SERVICE DISCRETIONARY AD- Fiscal year 2018: Fiscal year 2023: MINISTRATIVE EXPENSES IN THE (A) New budget authority, ¥$56,166,000,000. (A) New budget authority, ¥$87,518,000,000. SENATE. (B) Outlays, ¥$39,329,000,000. (B) Outlays, ¥$87,518,000,000. In the Senate, the amounts of new budget Fiscal year 2019: Fiscal year 2024: authority and budget outlays of the Postal (A) New budget authority, ¥$55,423,000,000. (A) New budget authority, ¥$91,245,000,000. Service for discretionary administrative ex- (B) Outlays, ¥$47,614,000,000. (B) Outlays, ¥$91,245,000,000. penses are as follows: Fiscal year 2020: Fiscal year 2025: Fiscal year 2017: (A) New budget authority, ¥$58,021,000,000. (A) New budget authority, ¥$99,164,000,000. (A) New budget authority, $274,000,000. (B) Outlays, ¥$52,831,000,000. (B) Outlays, ¥$99,164,000,000. (B) Outlays, $273,000,000. Fiscal year 2021: Fiscal year 2026: Fiscal year 2018: (A) New budget authority, ¥$61,491,000,000. (A) New budget authority, ¥$97,786,000,000. (A) New budget authority, $283,000,000. (B) Outlays, ¥$57,092,000,000. (B) Outlays, ¥$97,786,000,000. (B) Outlays, $283,000,000. Fiscal year 2022: Subtitle B—Levels and Amounts in the Fiscal year 2019: (A) New budget authority, ¥$63,493,000,000. Senate (A) New budget authority, $294,000,000. (B) Outlays, ¥$60,260,000,000. SEC. 1201. SOCIAL SECURITY IN THE SENATE. (B) Outlays, $294,000,000. Fiscal year 2023: (a) SOCIAL SECURITY REVENUES.—For pur- Fiscal year 2020: (A) New budget authority, ¥$65,783,000,000. poses of Senate enforcement under sections (A) New budget authority, $304,000,000. (B) Outlays, ¥$62,457,000,000. 302 and 311 of the Congressional Budget Act (B) Outlays, $304,000,000. Fiscal year 2024: of 1974 (2 U.S.C. 633 and 642), the amounts of Fiscal year 2021: (A) New budget authority, ¥$67,817,000,000. revenues of the Federal Old-Age and Sur- (A) New budget authority, $315,000,000. (B) Outlays, ¥$64,708,000,000. vivors Insurance Trust Fund and the Federal (B) Outlays, $315,000,000. Fiscal year 2025: Disability Insurance Trust Fund are as fol- Fiscal year 2022: (A) New budget authority, ¥$70,127,000,000. lows: (A) New budget authority, $326,000,000. (B) Outlays, ¥$66,892,000,000. Fiscal year 2017: $826,048,000,000. (B) Outlays, $325,000,000. Fiscal year 2026: Fiscal year 2018: $857,618,000,000. Fiscal year 2023: (A) New budget authority, ¥$69,097,000,000. Fiscal year 2019: $886,810,000,000. (A) New budget authority, $337,000,000.

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.029 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S69 (B) Outlays, $337,000,000. the Chairman of the Committee on the Budg- budget, the allocations provided for in this Fiscal year 2024: et of the House of Representatives may re- subsection shall apply in the House of Rep- (A) New budget authority, $350,000,000. vise the allocations of a committee or com- resentatives in the same manner as if such (B) Outlays, $349,000,000. mittees, aggregates, and other appropriate allocations were in a joint explanatory state- Fiscal year 2025: levels in this resolution, and, in the Senate, ment accompanying a conference report on (A) New budget authority, $361,000,000. make adjustments to the pay-as-you-go ledg- the budget for fiscal year 2017. The Chairman (B) Outlays, $360,000,000. er, for— of the Committee on the Budget of the House Fiscal year 2026: (1) in the Senate, one or more bills, joint of Representatives shall submit a statement (A) New budget authority, $374,000,000. resolutions, amendments, amendments be- for publication in the Congressional Record (B) Outlays, $373,000,000. tween the Houses, conference reports, or mo- containing— TITLE II—RECONCILIATION tions related to health care by the amounts (1) for the Committee on Appropriations, necessary to accommodate the budgetary ef- committee allocations for fiscal year 2017 SEC. 2001. RECONCILIATION IN THE SENATE. consistent with title I for the purpose of en- (a) COMMITTEE ON FINANCE.—The Com- fects of the legislation, provided that the cost of such legislation, when combined with forcing section 302 of the Congressional mittee on Finance of the Senate shall report Budget Act of 1974 (2 U.S.C. 633); and changes in laws within its jurisdiction to re- the cost of any other measure with respect to which the Chairman has exercised the au- (2) for all committees other than the Com- duce the deficit by not less than $1,000,000,000 mittee on Appropriations, committee alloca- for the period of fiscal years 2017 through thority under this paragraph, does not ex- ceed the difference obtained by subtracting— tions consistent with title I for fiscal year 2026. 2017 and for the period of fiscal years 2017 (b) COMMITTEE ON HEALTH, EDUCATION, (A) $2,000,000,000; from through 2026 for the purpose of enforcing 302 LABOR, AND PENSIONS.—The Committee on (B) the sum of deficit reduction over the of the Congressional Budget Act of 1974 (2 Health, Education, Labor, and Pensions of period of the total of fiscal years 2017 U.S.C. 633). the Senate shall report changes in laws with- through 2026 achieved under any measure or in its jurisdiction to reduce the deficit by measures with respect to which the Chair- SEC. 4002. BUDGETARY TREATMENT OF ADMINIS- TRATIVE EXPENSES. not less than $1,000,000,000 for the period of man has exercised the authority under sec- tion 3001(1); and (a) IN GENERAL.—Notwithstanding section fiscal years 2017 through 2026. 302(a)(1) of the Congressional Budget Act of (c) SUBMISSIONS.—In the Senate, not later (2) in the House of Representatives, one or 1974 (2 U.S.C. 633(a)(1)), section 13301 of the than January 27, 2017, the Committees more bills, joint resolutions, amendments, or conference reports related to health care by Budget Enforcement Act of 1990 (2 U.S.C. 632 named in subsections (a) and (b) shall submit note), and section 2009a of title 39, United their recommendations to the Committee on the amounts necessary to accommodate the budgetary effects of the legislation, provided States Code, the report accompanying this the Budget of the Senate. Upon receiving all concurrent resolution on the budget, the that the cost of such legislation, when com- such recommendations, the Committee on joint explanatory statement accompanying bined with the cost of any other measure the Budget of the Senate shall report to the the conference report on any concurrent res- with respect to which the Chairman has ex- Senate a reconciliation bill carrying out all olution on the budget, or a statement filed ercised the authority under this paragraph, such recommendations without any sub- under section 4001 shall include in an alloca- stantive revision. does not exceed the difference obtained by tion under section 302(a) of the Congressional SEC. 2002. RECONCILIATION IN THE HOUSE OF subtracting— Budget Act of 1974 to the Committee on Ap- REPRESENTATIVES. (A) $2,000,000,000; from propriations of the applicable House of Con- (a) COMMITTEE ON ENERGY AND COM- (B) the sum of deficit reduction over the gress amounts for the discretionary adminis- MERCE.—The Committee on Energy and Com- period of the total of fiscal years 2017 trative expenses of the Social Security Ad- merce of the House of Representatives shall through 2026 achieved under any measure or ministration and the United States Postal submit changes in laws within its jurisdic- measures with respect to which the Chair- Service. tion to reduce the deficit by not less than man has exercised the authority under sec- (b) SPECIAL RULE.—In the Senate and the $1,000,000,000 for the period of fiscal years tion 3001(2). House of Representatives, for purposes of en- 2017 through 2026. (b) EXCEPTIONS FROM CERTAIN PROVI- forcing section 302(f) of the Congressional (b) COMMITTEE ON WAYS AND MEANS.—The SIONS.—Section 404(a) of S. Con. Res. 13 Budget Act of 1974 (2 U.S.C. 633(f)), estimates Committee on Ways and Means of the House (111th Congress), the concurrent resolution of the level of total new budget authority of Representatives shall submit changes in on the budget for fiscal year 2010, and section and total outlays provided by a measure laws within its jurisdiction to reduce the def- 3101 of S. Con. Res. 11 (114th Congress), the shall include any discretionary amounts de- icit by not less than $1,000,000,000 for the pe- concurrent resolution on the budget for fis- scribed in subsection (a). riod of fiscal years 2017 through 2026. cal year 2016, shall not apply to legislation SEC. 4003. APPLICATION AND EFFECT OF (c) SUBMISSIONS.—In the House of Rep- for which the Chairman of the Committee on CHANGES IN ALLOCATIONS AND AG- resentatives, not later than January 27, 2017, the Budget of the applicable House has exer- GREGATES. the committees named in subsections (a) and cised the authority under subsection (a). (a) APPLICATION.—Any adjustments of allo- (b) shall submit their recommendations to TITLE IV—OTHER MATTERS cations and aggregates made pursuant to this concurrent resolution shall— the Committee on the Budget of the House of SEC. 4001. ENFORCEMENT FILING. (1) apply while that measure is under con- Representatives to carry out this section. (a) IN THE SENATE.—If this concurrent reso- sideration; TITLE III—RESERVE FUNDS lution on the budget is agreed to by the Sen- (2) take effect upon the enactment of that ate and House of Representatives without SEC. 3001. DEFICIT-NEUTRAL RESERVE FUND measure; and FOR HEALTH CARE LEGISLATION. the appointment of a committee of con- (3) be published in the Congressional The Chairman of the Committee on the ference on the disagreeing votes of the two Record as soon as practicable. Budget of the Senate and the Chairman of Houses, the Chairman of the Committee on (b) EFFECT OF CHANGED ALLOCATIONS AND the Committee on the Budget of the House of the Budget of the Senate may submit a AGGREGATES.—Revised allocations and ag- Representatives may revise the allocations statement for publication in the Congres- gregates resulting from these adjustments of a committee or committees, aggregates, sional Record containing— shall be considered for the purposes of the and other appropriate levels in this resolu- (1) for the Committee on Appropriations, Congressional Budget Act of 1974 (2 U.S.C. 621 tion, and, in the Senate, make adjustments committee allocations for fiscal year 2017 et seq.) as the allocations and aggregates to the pay-as-you-go ledger, for— consistent with the levels in title I for the contained in this concurrent resolution. (1) in the Senate, one or more bills, joint purpose of enforcing section 302 of the Con- (c) BUDGET COMMITTEE DETERMINATIONS.— resolutions, amendments, amendments be- gressional Budget Act of 1974 (2 U.S.C. 633); For purposes of this concurrent resolution, tween the Houses, conference reports, or mo- and the levels of new budget authority, outlays, tions related to health care by the amounts (2) for all committees other than the Com- direct spending, new entitlement authority, provided in such legislation for that purpose, mittee on Appropriations, committee alloca- revenues, deficits, and surpluses for a fiscal provided that such legislation would not in- tions for fiscal years 2017, 2017 through 2021, year or period of fiscal years shall be deter- crease the deficit over the period of the total and 2017 through 2026 consistent with the lev- mined on the basis of estimates made by the of fiscal years 2017 through 2026; and els in title I for the purpose of enforcing sec- Chairman of the Committee on the Budget of (2) in the House of Representatives, one or tion 302 of the Congressional Budget Act of the applicable House of Congress. more bills, joint resolutions, amendments, or 1974 (2 U.S.C. 633). (d) AGGREGATES, ALLOCATIONS AND APPLI- conference reports related to health care by (b) IN THE HOUSE OF REPRESENTATIVES.—In CATION.—In the House of Representatives, for the amounts provided in such legislation for the House of Representatives, if a concurrent purposes of this concurrent resolution and that purpose, provided that such legislation resolution on the budget for fiscal year 2017 budget enforcement, the consideration of would not increase the deficit over the pe- is adopted without the appointment of a any bill or joint resolution, or amendment riod of the total of fiscal years 2017 through committee of conference on the disagreeing thereto or conference report thereon, for 2026. votes of the two Houses with respect to this which the Chairman of the Committee on the SEC. 3002. RESERVE FUND FOR HEALTH CARE concurrent resolution on the budget, for the Budget of the House of Representatives LEGISLATION. purpose of enforcing the Congressional Budg- makes adjustments or revisions in the allo- (a) IN GENERAL.—The Chairman of the et Act and applicable rules and requirements cations, aggregates, and other budgetary lev- Committee on the Budget of the Senate and set forth in the concurrent resolution on the els of this concurrent resolution shall not be

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.029 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE S70 CONGRESSIONAL RECORD — SENATE January 4, 2017 subject to the points of order set forth in plan that provides the same or a greater those purposes, provided that such legisla- clause 10 of rule XXI of the Rules of the level of access to health care coverage, tion would not increase the deficit over ei- House of Representatives or section 3101 of S. health care affordability, and comprehensive ther the period of the total of fiscal years Con. Res. 11 (114th Congress). health care benefits is signed into law by the 2017 through 2021 or the period of the total of SEC. 4004. EXERCISE OF RULEMAKING POWERS. President, by the amounts provided in such fiscal years 2017 through 2026. Congress adopts the provisions of this legislation for those purposes, provided that title— such legislation would not increase the def- SA 6. Mr. NELSON submitted an (1) as an exercise of the rulemaking power icit over either the period of the total of fis- amendment intended to be proposed by of the Senate and the House of Representa- cal years 2017 through 2021 or the period of him to the concurrent resolution S. tives, respectively, and as such they shall be the total of fiscal years 2017 through 2026. Con. Res. 3, setting forth the congres- considered as part of the rules of each House sional budget for the United States or of that House to which they specifically SA 4. Mr. COONS submitted an apply, and such rules shall supersede other amendment intended to be proposed by Government for fiscal year 2017 and rules only to the extent that they are incon- him to the concurrent resolution S. setting forth the appropriate budgetary sistent with such other rules; and Con. Res. 3, setting forth the congres- levels for fiscal years 2018 through 2026; (2) with full recognition of the constitu- sional budget for the United States which was ordered to lie on the table; tional right of either the Senate or the Government for fiscal year 2017 and as follows: House of Representatives to change those setting forth the appropriate budgetary At the appropriate place, add the fol- rules (insofar as they relate to that House) lowing; at any time, in the same manner, and to the levels for fiscal years 2018 through 2026; which was ordered to lie on the table; SEC.lll. BUDGET POINT OF ORDER ON CLOS- same extent as is the case of any other rule ING THE GAP IN COVERAGE IN THE of the Senate or House of Representatives. as follows: MEDICARE PART D PRESCRIPTION At the end of title III, add the following: DRUG PROGRAM. SA 2. Mr. COONS submitted an SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND (a) FINDINGS.—The Senate finds that— amendment intended to be proposed by RELATING TO CONTINUED FEDERAL (1) provisions included in health reform him to the concurrent resolution S. FUNDING FOR MEDICAL ASSIST- legislation to close the gap in coverage ANCE PROVIDED TO NEWLY ELIGI- (often referred to as the ‘‘donut hole’’) in the Con. Res. 3, setting forth the congres- BLE INDIVIDUALS. Medicare prescription drug program under sional budget for the United States The Chairman of the Committee on the part D of title XVIII of the Social Security Government for fiscal year 2017 and Budget of the Senate may revise the alloca- Act (42 U.S.C. 1395w–101 et seq.) have saved setting forth the appropriate budgetary tions of a committee or committees, aggre- over 5,000,000 seniors across the United gates, and other appropriate levels in this levels for fiscal years 2018 through 2026; States more than $5,000,000,000 and have in- resolution for one or more bills, joint resolu- which was ordered to lie on the table; creased access to lifesaving medications; tions, amendments, amendments between as follows: [(2) in Florida, 355,360 seniors saved the Houses, motions, or conference reports At the end of title III, add the following: $351,000,000, or an average of $987 per bene- relating to ensuring that Federal funding for ficiary, on prescription drugs in 2015; and] SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND medical assistance provided by States under RELATING TO PREVENTING ANY (3) absent the protections provided by such the Medicaid program to low-income, non-el- LIFETIME LIMITS ON HEALTH CARE provisions, seniors will have to choose be- derly individuals under the eligibility option COVERAGE. tween their health and other basic neces- established by the Affordable Care Act in The Chairman of the Committee on the sities, including food and housing. section 1902(a)(10)(A)(i)(VIII) of the Social Budget of the Senate may revise the alloca- (b) IN GENERAL.—It shall not be in order in Security Act (42 U.S.C. tions of a committee or committees, aggre- the Senate to consider any legislation that 1396a(a)(10)(A)(i)(VIII)) remains available to gates, and other appropriate levels in this repeals the provisions included in health re- the same extent that such funding was avail- resolution for one or more bills, joint resolu- form legislation to close the gap in coverage able for fiscal year 2016 until a replacement tions, amendments, amendments between in the Medicare prescription drug program plan that provides such individuals with the the Houses, motions, or conference reports, under part D of title XVIII of the Social Se- same or greater level of access to similarly relating to preventing any lifetime limits on curity Act (42 U.S.C. 1395w–101 et seq.). health care coverage, by the amounts pro- affordable and comprehensive health care vided in such legislation for those purposes, benefits is signed into law by the amounts SA 7. Mr. NELSON submitted an provided that such legislation would not in- provided in such legislation for those pur- poses, provided that such legislation would amendment intended to be proposed by crease the deficit over either the period of him to the concurrent resolution S. the total of fiscal years 2017 through 2021 or not increase the deficit over either the pe- the period of the total of fiscal years 2017 riod of the total of fiscal years 2017 through Con. Res. 3, setting forth the congres- through 2026. 2021 or the period of the total of fiscal years sional budget for the United States 2017 through 2026. Government for fiscal year 2017 and SA 3. Mr. COONS submitted an setting forth the appropriate budgetary Mr. COONS submitted an amendment intended to be proposed by SA 5. levels for fiscal years 2018 through 2026; amendment intended to be proposed by him to the concurrent resolution S. which was ordered to lie on the table; him to the concurrent resolution S. Con. Res. 3, setting forth the congres- as follows: sional budget for the United States Con. Res. 3, setting forth the congres- sional budget for the United States At the appropriate place, add the fol- Government for fiscal year 2017 and lowing: Government for fiscal year 2017 and setting forth the appropriate budgetary SEC.lll. BUDGET POINT OF ORDER ON CLOS- levels for fiscal years 2018 through 2026; setting forth the appropriate budgetary ING THE GAP IN COVERAGE IN THE which was ordered to lie on the table; levels for fiscal years 2018 through 2026; MEDICARE PART D PRESCRIPTION DRUG PROGRAM. as follows: which was ordered to lie on the table; as follows: (a) FINDINGS.—The Senate finds that— At the end of title III, add the following: (1) provisions included in health reform At the end of title III, add the following: SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND legislation to close the gap in coverage RELATING TO PREVENTING ANY SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND (often referred to as the ‘‘donut hole’’) in the LOSS OF CERTAIN HEALTH CARE PREVENTING TAX CUTS IN THE CASE OF THE LOSS OF HEALTH CARE COV- Medicare prescription drug program under SUBSIDIES UNTIL A REPLACEMENT part D of title XVIII of the Social Security LAW THAT PROVIDES AT LEAST THE ERAGE DUE TO A REPEAL OF THE SAME HEALTH CARE COVERAGE, PATIENT PROTECTION AND AFFORD- Act (42 U.S.C. 1395w–10 et seq.) have saved HEALTH CARE AFFORDABILITY, AND ABLE CARE ACT. over 5,000,000 seniors across the United COMPREHENSIVE HEALTH CARE The Chairman of the Committee on the States more than $5,000,000,000 and have in- BENEFITS IS SIGNED INTO LAW. Budget of the Senate may revise the alloca- creased access to lifesaving medications; The Chairman of the Committee on the tions of a committee or committees, aggre- [(2) in Florida, 355,360 seniors saved Budget of the Senate may revise the alloca- gates, and other appropriate levels in this $351,000,000, or an average of $987 per bene- tions of a committee or committees, aggre- resolution for one or more bills, joint resolu- ficiary, on prescription drugs in 2015; and] gates, and other appropriate levels in this tions, amendments, amendments between (3) absent the protections provided by such resolution for one or more bills, joint resolu- the Houses, motions, or conference reports provisions, seniors will have to choose be- tions, amendments, amendments between relating to preventing tax cuts for corpora- tween their health and other basic neces- the Houses, motions, or conference reports, tions or for individuals with incomes equal sities, including food and housing. relating to preventing any loss of subsidies to or greater than $250,000 if there is any loss (b) IN GENERAL.—It shall not be in order in that were authorized for individuals under of health care coverage for Americans as a the Senate to consider any legislation that the Patient Protection and Affordable Care result of the repeal of all or part of the Pa- repeals the provisions included in health re- Act (including amendments made that Act) tient Protection and Affordable Care Act, by form legislation to close the gap in coverage until a law that establishes a replacement the amounts provided in such legislation for in the Medicare prescription drug program

VerDate Sep 11 2014 05:04 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JA6.029 S04JAPT1 smartinez on DSK3GLQ082PROD with SENATE January 4, 2017 CONGRESSIONAL RECORD — SENATE S71 under part D of title XVIII of the Social Se- ORDERS FOR THURSDAY, DEPARTMENT OF DEFENSE curity Act (42 U.S.C. 1395w–101 et seq.). JANUARY 5, 2017 GLENN FINE, OF MARYLAND, TO BE INSPECTOR GEN- (c) WAIVER AND APPEAL.—This section may ERAL, DEPARTMENT OF DEFENSE, VICE JON T. RYMER, be waived or suspended in the Senate only by Mr. MCCONNELL. Mr. President, I RESIGNED. an affirmative vote of three-fifths of the ask unanimous consent that when the CORPORATION FOR PUBLIC BROADCASTING Members, duly chosen and sworn. An affirm- Senate completes its business today, it DAVID J. ARROYO, OF NEW YORK, TO BE A MEMBER OF ative vote of three-fifths of the Members of adjourn until 10 a.m., Thursday, Janu- THE BOARD OF DIRECTORS OF THE CORPORATION FOR the Senate, duly chosen and sworn, shall be ary 5; further, that following the pray- PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- required to sustain an appeal of the ruling of ARY 31, 2022. (REAPPOINTMENT) er and pledge, the morning hour be BRENT FRANKLIN NELSEN, OF SOUTH CAROLINA, TO BE the Chair on a point of order raised under deemed expired, the Journal of pro- A MEMBER OF THE BOARD OF DIRECTORS OF THE COR- this section. PORATION FOR PUBLIC BROADCASTING FOR A TERM EX- ceedings be approved to date, and the PIRING JANUARY 31, 2022. (REAPPOINTMENT) f time for the two leaders be reserved for FEDERAL COMMUNICATIONS COMMISSION their use later in the day; finally, that JESSICA ROSENWORCEL, OF THE DISTRICT OF COLUM- PRIVILEGES OF THE FLOOR following leader remarks, the Senate BIA, TO BE A MEMBER OF THE FEDERAL COMMUNICA- resume consideration of S. Con. Res. 3. TIONS COMMISSION FOR A TERM OF FIVE YEARS FROM JULY 1, 2015. (REAPPOINTMENT) Mr. ENZI. Mr. President, I ask unani- The PRESIDING OFFICER. Without mous consent that Tara Shaw and Matt objection, it is so ordered. SOCIAL SECURITY ADMINISTRATION Giroux from my staff be given all-ac- MICHAEL P. LEARY, OF PENNSYLVANIA, TO BE INSPEC- cess floor passes to the Senate floor f TOR GENERAL, SOCIAL SECURITY ADMINISTRATION, VICE PATRICK P. O’CARROLL, JR., RESIGNED. during consideration of the budget res- ADJOURNMENT UNTIL 10 A.M. olution, S. Con. Res. 3. TOMORROW DEPARTMENT OF STATE The PRESIDING OFFICER. Without TULINABO SALAMA MUSHINGI, OF VIRGINIA, A CAREER objection, it is so ordered. Mr. MCCONNELL. Mr. President, if MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF there is no further business to come be- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND Mr. SANDERS. Mr. President, I ask PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA unanimous consent that Jenna Sablan fore the Senate, I ask unanimous con- TO THE REPUBLIC OF SENEGAL, AND TO SERVE CONCUR- sent that it stand adjourned under the RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS and Natalie Rico, detailees to the AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY previous order. OF THE UNITED STATES OF AMERICA TO THE REPUBLIC Budget Committee, be granted floor OF GUINEA–BISSAU. privileges during the consideration of There being no objection, the Senate, OFFICE OF SPECIAL COUNSEL S. Con. Res. 3. at 6:45 p.m., adjourned until Thursday, January 5, 2017, at 10 a.m. CAROLYN N. LERNER, OF MARYLAND, TO BE SPECIAL The PRESIDING OFFICER. Without COUNSEL, OFFICE OF SPECIAL COUNSEL, FOR THE TERM objection, it is so ordered. f OF FIVE YEARS. (REAPPOINTMENT) Mr. SANDERS. Mr. President, I ask NOMINATIONS OFFICE OF PERSONNEL MANAGEMENT unanimous consent that Mike Jones ELIZABETH A. FIELD, OF THE DISTRICT OF COLUMBIA, and Josh Smith from my staff be given Executive nominations received by TO BE INSPECTOR GENERAL, OFFICE OF PERSONNEL the Senate: MANAGEMENT, VICE PATRICK E. MCFARLAND, RE- all-access floor passes for the Senate SIGNED. floor during consideration of the budg- LEGAL SERVICES CORPORATION DEPARTMENT OF DEFENSE et resolution, S. Con. Res. 3. REBECCA EMILY RAPP, OF WISCONSIN, TO BE A MEM- The PRESIDING OFFICER. Without BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- ROBERT P. STORCH, OF THE DISTRICT OF COLUMBIA, ICES CORPORATION FOR A TERM EXPIRING JULY 13 , 2019, TO BE INSPECTOR GENERAL OF THE NATIONAL SECU- objection, it is so ordered. VICE SHARON L. BROWNE, RESIGNED. RITY AGENCY. (NEW POSITION)

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HONORING THE LATE LAVELL Association and other groups to help raise work easing congestion, cutting emissions, im- EDWARDS funds for conservation projects and causes. proving air quality, and maximizing public He was an excellent hunter and probably transportation. HON. JASON CHAFFETZ ranked as one of the best fishermen with It was at John’s urging that the Employees’ Retirement System divested almost $600 mil- OF UTAH whom I ever had the privilege of casting a lure. lion in holdings from the top 200 fossil fuel IN THE HOUSE OF REPRESENTATIVES I am honored to have one of his paintings companies. He authored Citizens United Wednesday, January 4, 2017 prominently displayed in my congressional of- Measure Prop G, a policy opposing corporate Mr. CHAFFETZ. Mr. Speaker, I rise today to fice in Washington. It depicts David and me personhood which was overwhelmingly ap- honor legendary BYU football coach LaVell catching speckled trout on Sabine Lake in proved by voters. He has taken on financial Edwards, who passed away December 29, Texas. Some of my children and I even took fraud, launching an investigation in 2013 into 2016 at the age of 86. art lessons from him in his hometown of War- the London InterBank Offered Rate fraud During the 29 years he coached at Brigham ren years ago. David Drinkard has a very spe- scandal and its impact on San Francisco. Young University, Edwards transformed a cial place in our hearts and we will miss him Supervisor Avalos has been a fighter for team that had never been ranked or invited to dearly. justice, equality and fairness. As a third gen- a bowl game into a perpetual force in college David passed away on December 26, 2016. eration Mexican-American, one of seven sib- football. His wife Beverly and family will continue to be lings, and one of the first generation in his Best remembered for leading his team to a in our prayers. family to attend college, you can trace John’s national championship in 1984, Edwards also f drive and ambition back to his early years. He racked up an impressive 257–103 win/loss moved to San Francisco in 1989 and im- record. His team won 20 conference cham- IN RECOGNITION OF JOHN AVALOS mersed himself in education, organizing and pionships and qualified for 22 bowl game ap- protecting the rights of others. He earned a pearances. HON. JACKIE SPEIER Master’s Degree in Social Work from San LaVell Edwards touched countless lives, in- OF CALIFORNIA Francisco State University and began his ca- cluding mine, in a profound and positive way. IN THE HOUSE OF REPRESENTATIVES reer as a counselor through the San Francisco I feel so fortunate to be among the many Conservation Corps and the Columbia Park Wednesday, January 4, 2017 young men Coach Edwards influenced and Boys and Girls Club. He then worked for Cole- molded during his storied career at BYU. My Ms. SPEIER. Mr. Speaker, I rise to honor man Advocates for Children and Youth and for life is forever changed by my experience as a John Avalos for eight years of exemplary serv- the Justice for Janitors Campaign of the Serv- place kicker on his team. ice on the San Francisco Board of Super- ice Employees International Union. Upon retiring from BYU in 2000, Edwards visors. John has demonstrated remarkable During his time on the board of supervisors, and his wife Patti served a mission for the leadership and collaboration in his efforts to John continued his work with many out- LDS Church in New York, where, in addition improve the quality of life for all San Francisco standing community groups in District 11 such to his missionary role, Edwards was invited to residents and particularly those in District 11. as the OMI Community Collaborative, Excel- put his talents to work coaching football to He has been a tireless champion of affordable sior Collaborative, Communities United for Harlem youth. housing, social services, infrastructure and Health and Justice, and Coleman Advocates. Coach Edwards leaves behind a legacy of clean energy. He firmly believes that real change starts at a success on the field and off. He was a man Representing District 11, one of San Fran- grassroots level. of integrity whose example his players all cisco’s most vibrant and diverse districts, John Mr. Speaker, I ask the House of Represent- wanted to emulate. He is survived by his wife began his work on the board in 2008 at the atives to rise with me to recognize Supervisor Patti and three children. He will be greatly height of the Great Recession. He served as John Avalos for his outstanding public service missed. the Chair of the Budget and Finance Com- to the residents of San Francisco, in his dis- f mittee leading San Francisco through the trict and beyond. This champion of the people daunting process of closing a billion dollar may leave San Francisco City Hall, but he will HONORING THE LIFE OF DAVID budget hole while saving jobs and essential no doubt continue to shape life in the City for DRINKARD services for seniors and children. His commit- years to come. ment to jobs didn’t stop with those early years. f One of his recent pieces of legislation pro- HON. BRIAN BABIN PERSONAL EXPLANATION OF TEXAS vided thousands of living wage jobs to San IN THE HOUSE OF REPRESENTATIVES Francisco residents, earning him the reputa- ´ tion as a protector of working-class families. HON. LUIS V. GUTIERREZ Wednesday, January 4, 2017 John also introduced legislation protecting OF ILLINOIS Mr. BABIN. Mr. Speaker, I rise today to rec- tenants of foreclosed properties and providing IN THE HOUSE OF REPRESENTATIVES ognize the passing of a very special person rental assistance for low-income families. His Wednesday, January 4, 2017 and dear friend of mine, David Drinkard. bill creating a real estate transfer tax has Mr. GUTIE´ RREZ. Mr. Speaker, I was un- David was a former art teacher at Warren brought in $50 million in annual city revenue. avoidably absent in the House chamber for roll High School in Warren, Texas and a re- In his current role as the Chair of the Trans- call vote 3 on Tuesday, January 3, 2017. Had nowned wildlife painter. We have been friends portation Authority, Supervisor Avalos over- I been present, I would have voted ‘‘nay.’’ since attending Forest Park High School and sees the analysis, design and funding for long- Lamar University, in Beaumont, Texas. He term transportation planning for the city. In the f was an expert at painting God’s beautiful cre- City challenged by ever-increasing traffic con- HONORING THE LIFE OF JAMES ations in nature. There is nothing prettier than gestion, John understands the impact on the ‘‘JIM’’ HOWARD SHAW a ‘‘David Drinkard sky.’’ His paintings hang in quality of life and the necessity to create solu- homes, businesses and galleries all over, in- tions. He is a staunch advocate of alternative HON. KAY GRANGER cluding my own home and dental office. modes of transportation and introduced the OF TEXAS David was a devout Christian, a loyal hus- strongest employee bike access law in the IN THE HOUSE OF REPRESENTATIVES band, father, grandfather and great grand- country, the Bicycle Access and Safety Ordi- father. He was a strong conservative and an nance. It allows employees to bring their bikes Wednesday, January 4, 2017 active conservationist, donating many paint- into the office, creating an opportunity for Ms. GRANGER. Mr. Speaker, I rise today to ings for auction to the Coastal Conservation thousands of people to ride their bicycles to recognize and honor the life of James ‘‘Jim’’

∑ 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 05:48 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K04JA8.001 E04JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E16 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 2017 Howard Shaw, a remarkable Texan who Financing City Services Task Force helped tions outgoing City Councilmember and former passed away on December 27, 2016 after a her tackle the difficult task of balancing the Mayor Karen Ervin has made to her beloved hard fought battle with cancer. budget and making it possible to fund numer- home town, Pacifica. The residents are very Jim’s family has deep roots in Fort Worth, ous projects such as the acquisition of a prop- fortunate that she continually dedicated her having moved there to open Shaw Brothers’ erty to finish the Devil’s Slide Trail, the passion and skills to improving the lives of all Dairy in the late 1800s. Jim was born on Sep- Pacifica Resource Center and the Pacifica Pacificans. tember 12, 1950 to Bill and Betty Shaw. He Beach Coalition. An ERAF reserve fund was f attended Paschal High School where he was also essential in responding to severe damage a stand-out track athlete, earning himself a Pacifica suffered during El Nino storms in the HONORING DONALD J. HELLMANN scholarship to Louisiana Tech University. Jim winter of 2015, damage that drew worldwide hung up his cleats for law school at Texas attention. HON. RAU´ L M. GRIJALVA Tech and began practicing law in 1975, briefly Karen loves her hometown and pursues OF ARIZONA as a prosecutor and then in private practice as every opportunity to improve the quality of life IN THE HOUSE OF REPRESENTATIVES a defense attorney—a role he continued of all residents. She has been one of the main Wednesday, January 4, 2017 through the final months of his life. drivers to create a beautiful downtown along Over his 41 years as a defense attorney, Palmetto Boulevard and to let the world know Mr. GRIJALVA. Mr. Speaker, I rise today to Jim earned the reputation of being a staunch that Pacifica is a wonderful place to live, work, recognize and honor Donald ‘‘Don’’ J. protector of his clients’ rights, representing play, eat and thrive. Hellmann. Don is retiring from his position as each within the full bounds of the law. His col- As in every small town, city council mem- the Assistant Director for Legislative and Con- leagues recall that he would often get hired on bers serve because they are dedicated to pub- gressional Affairs in the National Park Service a Sunday, pick a jury on Monday, and earn a lic service. It requires countless hours of meet- after 22 years of communicating the mission favorable outcome by the end of the week. ings, homework and visits in the community and goals of the National Park Service to Con- Jim loved the art of trying a case. Anyone who for very little compensation. Karen has always gress and working closely with our members watched him in action would agree he was a managed to make time for her council duties and staff to advance the Service’s legislative master of his craft, making lasting friendships despite her very demanding full-time job as a priorities. Don’s vast knowledge of environ- and inspiring his peers along the way. Senior Research Associate and Project Man- mental law and policy, his expertise in drafting When not in the courtroom, Jim could be ager at Genentech in South San Francisco National Park Service legislation, and his ex- found on the golf course at Colonial Country where she has worked for 15 years. Her expe- emplary dedication to public service will be Club, behind home plate cheering on the rience, work ethic and resourcefulness have greatly missed by those of us who have had Texas Rangers, or on a patio somewhere en- continually benefited her colleagues and all the pleasure of working with him. joying Mexican food. However, more than any- residents of Pacifica. Don joined the National Park Service in thing, Jim loved his family and spending gen- On a sunny August Day in 2015 while 1994 as the Deputy Assistant Director for Leg- uine time with them. He is survived by his wife Karen was mayor, traffic came to a standstill islative and Congressional Affairs. He led a Carol; children James Shaw Jr., Ben Shaw, on Highway 1, Pacifica’s major thoroughfare, staff of legislative specialists in developing Na- Tim Shaw, and his stepchildren Steven Prewitt for the entire day. Two car accidents and tional Park Service legislation, advised Na- and Aimee Plummer; 11 grandchildren; and major roadwork by Caltrans brought out the tional Park Service leadership on pending leg- his brothers Bill Shaw, David Shaw and Greg worst in motorists who were stranded for islation, and served as a liaison with members Shaw. hours. They crashed the city’s Nextdoor page of Congress on legislation affecting the Na- Jim Shaw’s death leaves a great hole in the and jammed phone lines. Feeling her constitu- tional Park Service. He was promoted to the hearts of many, but his passion for the law ents’ pain, Karen fielded calls on her cell position of Assistant Director in 2009 by Direc- and his kind heart will be felt for generations phone and gave advice and updates from her tor Jonathan B. Jarvis. to come. Fort Worth was lucky to have him personal Facebook page. She effectively be- Over the course of his career, Don drafted and is a better city because of his devotion to came the communications center and traffic hundreds of bills and amendments affecting justice. Mr. Speaker, I ask that my colleagues officer. national parks, national heritage areas, wild join me in celebrating the life of Mr. Jim Shaw. Before joining the city council, Karen volun- and scenic rivers, and national scenic and his- teered her time and energy on PTO Boards May he rest in peace. toric trails that were ultimately enacted by and in classrooms for 15 years. She was one f Congress. He was instrumental in crafting all of the individuals starting the Ingrid B. Lacy the major park-related legislative packages of HONORING KAREN ERVIN and Terra Nova Crab Feeds supporting the the last two decades, including the Omnibus schools’ PTOs and Booster clubs. From 2006 Parks and Public Lands Management Act of to 2010, she served on the Pacifica School HON. JACKIE SPEIER 1996 (P.L. 104–333), the National Parks Om- District Governing Board, and for the last five OF CALIFORNIA nibus Management Act of 1998 (P.L. 105– years she served on the Board of Directors of IN THE HOUSE OF REPRESENTATIVES 391), the Consolidated Natural Resources Act Pacificans Care, a non-profit that is essential Wednesday, January 4, 2017 of 2008 (P.L. 110–229), the Omnibus Public in supporting social services organizations in Ms. SPEIER. Mr. Speaker, I rise to honor the community. Karen is a member of the Land Management Act of 2009 (P.L. 111–11), Karen Ervin who served on the Pacifica City American Association of University Women and Title XXX of the National Defense Author- Council for four years, including 2015 as the and the co-chair of Tech Trek in Pacifica ization Act for Fiscal Year 2015 (P.L. 113– mayor of this picturesque coastal town of which sends three third grade girls to Stanford 291). about 40,000 residents. As a Pacifica native to experience college life. Somehow she still Don also played a key role in the reorga- and lifelong resident, Karen understands and manages to find enough time to continue her nization and transfer of National Park System- feels the pulse of her town. Even before her volunteer work with the Pacifica Beach Coali- wide laws from title 16 to title 54 of the United time on the council, she always volunteered tion. You can often find her cleaning up States Code, enacted in 2014 (P.L. 113–287) and gave back to the community. It has been beaches, trails or creeks. which has made the drafting of park-related my privilege to work with Karen and to call her Karen’s family moved to Pacifica in 1965. legislation significantly more streamlined. Most a friend. She grew up in the back of Linda Mar Valley recently, he was the principal author of the During her term on the council, Karen and attended Oddstead Elementary School, legislative proposal, the National Park Service served as the liaison to the Economic Devel- Ortega Middle School and Terra Nova High Centennial Act, that President Obama sent to opment Committee, the Beautification Com- School. She earned her BS in Microbiology Congress in 2015. Legislation based on that mittee, Pacifica School Volunteers, Emergency and Genetic Engineering from the University proposal passed the House on December 6. Preparedness Task Force, and the Pacifica of California at Santa Barbara. Prior to working for the National Park Serv- Resource Center. She also served as a mem- She married another Pacifica native, Mike ice, Don was Vice President for Conservation ber of the C/CAG Legislative Committee and Ervin, and they raised two now-grown chil- at The Wilderness Society, where he directed the Bike and Pedestrian Advisory Committee, dren, Zach and Aly. After retiring from the the conservation advocacy program and co- an Association of Bay Area Governments del- council, Karen is looking forward to spending ordinated the litigation agenda of the organiza- egate, and a member of the San Mateo Coun- more time with her family and friends, and tion. Before assuming this position, Don ty Jobs/Housing Gap Task Force. running and hiking with her two dogs. served as Legislative Counsel for the society. One of her top priorities was to improve the Mr. Speaker, I ask the members of the Don joined The Wilderness Society’s staff in fiscal health of the city. Her experience on the House to join me in recognizing the contribu- 1988.

VerDate Sep 11 2014 05:19 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JA8.003 E04JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS January 4, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E17 Don also worked here on Capitol Hill as to find a parking space in downtown Manhat- HONORING CHIEF MICHAEL Legislative Counsel to House Majority Whip tan than in the garage and lots of Westlake RANDOLPH Tony Coelho (D–CA) from 1985 to 1988 and Shopping Center. as a Legislative Assistant and in other roles to Social justice is a core belief of Mayor HON. MIKE THOMPSON U.S. Senator Walter D. Huddleston (D–KY) Torres. Long before his ascension to the OF CALIFORNIA from 1977 to 1985. Don taught History and council, he earned recognition during his un- IN THE HOUSE OF REPRESENTATIVES dergraduate years at UCLA for his outstanding English to junior high school students in Ken- Wednesday, January 4, 2017 tucky from 1973 to 1976. contributions as a volunteer in the Los Ange- Don is a native of Kentucky who received a les Unified School District. Throughout all of Mr. THOMPSON of California. Mr. Speaker, B.A. in History/Secondary Education from 1984, Sal worked with the Southwest Voter I rise today to honor Chief Michael Randolph Thomas More College in Crestview Hills, Ken- Registration & Education Project and helped upon his retirement as Fire Chief for the City tucky, an M.A. in Politics from Catholic Univer- to successfully register over 120,000 new of Napa Fire Department. Chief Randolph is sity of America, and a J.D. from the University Latino voters for the 1984 general election. He retiring after an impressive 27 year firefighting of Baltimore. He is a member of the District of is still the only graduate in the history of the career, including serving as Chief for four Columbia Bar and holds a Life Certification as University of San Francisco School of Law to years. a Secondary Education Teacher from the be awarded, in the same year, both the Judge Chief Randolph completed his B.A. Degree Commonwealth of Kentucky. Harold J. Haley Award given by the faculty for in Information and Communication Studies A resident of Annandale, Va., his favorite outstanding scholastic achievements and the and then began his career with the City of national park is Maui’s Haleakala, which is Student Bar Association Award given by his Napa Fire Department as a firefighter in 1989. centered around a volcanic crater that he de- peers for exceptional contributions made to He was promoted to a firefighter paramedic scribed as ‘‘like walking on the moon.’’ and on behalf of the graduating class. five years after that. He was subsequently pro- Sal was a founding member of the non-prof- I urge my colleagues to join me in congratu- moted to Captain, Battalion Chief and Division it Housing Endowment and Regional Trust lating Don on his retirement and expressing Chief before becoming Chief in 2012. Chief (HEART) of San Mateo, a provider of afford- our deep appreciation for his outstanding con- Randolph has distinguished himself in his de- able home loans to community residents, and tributions to the National Park Service and to partment as an excellent mentor, coach, co- an advocate for new construction of affordable the Nation. worker and friend. housing. Daly City has always played a vital Chief Randolph is dedicated to our commu- f role in providing affordable housing in San nity and has provided leadership to many of PERSONAL EXPLANATION Mateo County. Sal understands the linkage our service and community organizations. He between human dignity and housing and be- serves as Board Member and President of the HON. ED PERLMUTTER tween economic security and owning a home. California Fire Chiefs Operations Section, on Life is more than hard work and housing. If the Paramedic Advisory Board for Napa Valley OF COLORADO residents in north San Mateo wish to enjoy a College, as the Chair of the Napa County IN THE HOUSE OF REPRESENTATIVES summer afternoon, they can see a movie at a Emergency Medical Care Committee and as a Wednesday, January 4, 2017 major metroplex that Sal shaped as part of a member of Life Healthy Napa Valley. team that revitalized areas east of Highway Mr. PERLMUTTER. Mr. Speaker, on Janu- Mr. Speaker, Chief Randolph has had a 280. They can also play on city sports fields ary 3, 2017, my electronic voting card mal- dedicated firefighting career and is known for that he voted to support because he views functioned and I was not registered as record- his strong, focused and determined leader- recreation as vital to the physical and spiritual ing a vote on H. Res. 5, ‘‘Adopting Rules for ship. Therefore, it is fitting and proper that we health of city residents. honor him here today and extend our best the 115th Congress.’’ I wish to reflect my in- With all of these public accomplishments, tentions on roll call No. 6, as a ‘‘NAY’’ vote. wishes for an enjoyable retirement with his one might reasonably wonder if Sal Torres wife, Wendy, and his children, Andrew and f had time to earn a living. He certainly did. As Hanna. an accomplished attorney, he’s worked on be- HONORING GONZALO ‘‘SAL’’ f TORRES half of the California School Employees Asso- ciation, Arysta Life Science Corporation, LSI HONORING THE RETIREMENT OF Logic, Marvell Technology Group, and Equinix, CAPTAIN JOSEPH BAGGETT, JAG HON. JACKIE SPEIER Inc., among many clients. He also hosted and CORPS, U.S. NAVY (RET) OF CALIFORNIA co-produced a popular talk show on the UPN- IN THE HOUSE OF REPRESENTATIVES TV affiliate, KBHK Channel 44, El Amanecer HON. BARBARA COMSTOCK Wednesday, January 4, 2017 (‘‘Daybreak’’), which addressed social, political OF VIRGINIA and cultural issues in the Latino community. In Ms. SPEIER. Mr. Speaker, I rise to honor IN THE HOUSE OF REPRESENTATIVES 2000, Sal was selected as one of California’s Wednesday, January 4, 2017 Sal Torres, a departing member of the City ‘‘Top 20 Lawyers under the age of 40’’ by Council of Daly City and a friend who has California Law Business. Mrs. COMSTOCK. Mr. Speaker, I rise today never ceased to serve the people of his com- At times through the year, the sun sets off to honor Captain Joseph Baggett, JAGC, USN munity with distinction during his twenty years the shoreline of Daly City and into the Pacific. (ret), who is retiring after 46 years of com- on the council. Sal Torres has, during these It is a scene that is at once stunningly beau- bined active duty and civilian service to our past two decades, become the symbol of this tiful and yet a brutal reminder that we are tran- nation with the United States Navy. prosperous town filled with talented, indus- sitory figures in history. Sal Torres has never Captain Baggett was born into a military trious residents from around the world. been a public servant who sought immortality family. The son of a career enlisted Marine, In 1996, Sal made history by becoming the through public works with his name in con- Captain Baggett grew up in the presence of first Latino to win a seat on the City Council crete, nor has he been a flamboyant person- the United States Navy in such diverse loca- of Daly City and, in 2000, became Daly City’s ality in the city’s life. tions as Naval Air Station Pensacola, Marine first Mayor of Latino descent. This year he will However, as a humble servant of his com- Corps Base Camp Lejeune, and the United be finishing his public service as Mayor. munity, he has shown a relentless dedication Kingdom. He graduated Phi Beta Kappa from It is difficult to fully describe the impact of to public wellbeing. Whereas the Pacific Tulane University in May 1971. He later Mayor Torres upon Daly City, but it has been erodes the city’s cliffs and the freeway divides earned a J.D. from Tulane University School enormously beneficial. Over his 20 years in of- its corpus, Sal built its community spirit of Law, and an LL. M. in Ocean and Coastal fice, the city changed from a typical suburban through a dedication to collegiality that created Law from the University of Miami School of community south of a major U.S. city, into a lasting bonds, and a love of Daly City by its Law. A longtime resident of Herndon, Virginia thriving commercial center with major new of- residents, equal in strength to any steel and is his home. fice buildings adjacent to a regional mass tran- certainly more enduring than the boundary of In 1971, Captain Baggett began his dedi- sit station. Sal was part of a team that evalu- the city with the sea. Sal will be missed at the cated service to our nation as a commissioned ated and approved the rebuilding of Westlake dais, but ever-present in the hearts and minds officer in the U.S. Navy. During the next 30 Shopping Center into a modern, thriving retail of his community. In the end, this is a monu- years, Captain Baggett served on active duty hub. Today, this center is so essential to the ment that is far more enduring than a name in in a wide variety of roles, traveling throughout constituents of Mayor Torres and to sur- concrete. Sal Torres loves Daly City, and Daly the United States and overseas. His assign- rounding communities that it’s probably easier City treasures Sal Torres. ments included two tours as a Supply Corps

VerDate Sep 11 2014 05:19 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JA8.005 E04JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E18 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 2017 officer, including service onboard USS Rich Relief Alliance, the San Mateo County City- CONGRATULATING ERIC STARNES (DD 820); Naval Legal Service Office, Jack- County Association of Governments, the San ON HIS RETIREMENT FROM THE sonville, Florida; Commander, Middle East Mateo County Emergency Operations Center, EULESS POLICE DEPARTMENT Force; Commander, Iceland Defense Force; and the Sewer Authority Mid-Coastside. Commander, Sixth Fleet; Navy Office of Legis- Marina was instrumental in restoring Half HON. KENNY MARCHANT lative Affairs; and the Joint Staff Strategic Moon Bay’s fiscal health. The Great Reces- OF TEXAS Plans and Policy Directorate. Later in his ca- sion combined with a multi-million dollar land IN THE HOUSE OF REPRESENTATIVES reer he served as Deputy Assistant Judge Ad- use settlement put the city at the brink of Wednesday, January 4, 2017 vocate General for International Law; as bankruptcy. Through strategic decisions, col- Mr. MARCHANT. Mr. Speaker, I rise today Counsel for National Security to the Deputy laboration and meticulous work, Marina and Attorney General of the United States; as Staff to congratulate Lieutenant Eric Starnes on his her fellow councilmembers managed to bal- Judge Advocate for the Commander in Chief, well-earned retirement from the Euless Police ance the budget and placed the city on solid U.S. Atlantic Fleet; as Commanding Officer, Department in the city of Euless, Texas, after financial footing. Today, Half Moon Bay is a twenty-three years of dedicated service. Naval Legal Service Office, Norfolk, Virginia; thriving community and destination for people Starnes’ distinguished career with the Eu- and as Director of the Legislation Division in from all over the Bay Area and the country. less Police Department began in 1993 after the Office of Legislative Affairs. Main Street is filled with a wide variety of completing his Bachelor of Science degree in Following his retirement from active duty in small businesses and restaurants. It even fea- Criminal Justice at Sam Houston State Univer- December 2000, Captain Baggett continued tures bike racks to make it user-friendly for sity and the Montgomery County Sheriff’s Of- his superlative service to the Navy as a civil- fice Academy for his police certification. Addi- ian, serving for another sixteen years as Dep- bicyclists and pedestrians. Marina deserves credit for obtaining the funds for the racks. tionally, while serving as an officer, Starnes uty Director of the International and Oper- was able to pursue a number of advanced de- ational Law Division in the Office of the Judge Soon, Half Moon Bay will have a state-of- grees and certifications, including a Master’s Advocate General in the Pentagon. In that the-art library, thanks in large part to Marina’s in Public Administration from the University of role, he has been a constant champion of our tenacious work. First considered in 2000, Half North Texas and a Juris Doctor degree from national interests in the areas of law of the Moon Bay finally celebrated the library’s Texas Wesleyan School of Law. Starnes is sea and freedom of navigation. ground breaking this summer. It will provide also a member of the State Bar of Texas. His support to our national security cannot much needed community space and bring Sil- In his time as an officer, Starnes has served be overstated. Captain Baggett’s expertise icon Valley technology to the coast to prepare as a Field Training Officer, K–9 Officer, and a and understanding of the complexities of the the next generation for 21st century jobs. It member of the Euless Police Tactical Unit. He law of the sea and the law of armed conflict may be called the Half Moon Bay library but has received over 2,500 hours of in-service are without equal in the U.S. government. As in my mind it will also be called the Marina police training which consisted of a variety of the Armed Forces confronted myriad diverse Fraser Half Moon Bay Library. courses in patrol, criminal investigation, K–9 challenges, he delivered sage counsel to the Marina also worked hard with my office and criminal interdiction, police instructor training, Department of the Navy, facilitating our ability and police supervision. He received his Basic state and local agencies to replace the crum- to conduct naval operations. His profound Police Certification in 1993, Intermediate Po- bling Pilarcitos Creek Bridge with a beautiful knowledge and experience directly improved lice Certification in 1998, Advanced Police aluminum and cedar plank bridge in the winter the ability to the sea services to fulfil their mis- Certification in 1999, and his Masters Police of 2015 while she was mayor. She was one of sions throughout the world. Certification in 2001. In addition to these cer- many important negotiators in a very creative For his outstanding service to our nation, tifications, Starnes has received over forty and complicated program that became locally Captain Baggett earned numerous awards, in- commendations for professionalism and exem- known as the Three-Way Land Swap. It in- cluding the Legion of Merit, Defense Meri- plary service to his community. torious Service Medal, Meritorious Service volved an exchange of properties between the Mr. Speaker, it is a pleasure to recognize Medal, Navy Commendation Medal, Navy City of Half Moon Bay, San Mateo County and the tireless efforts that Lieutenant Eric Starnes Achievement Medal, Navy Distinguished Civil- Peninsula Open Space Trust and resulted in has made in contribution to the safety and se- ian Service Award, Navy Superior Civilian restoration of a recreation field, the creation of curity of the City of Euless. I ask all of my dis- Service Award, and Navy Meritorious Civilian affordable senior housing, and the preserva- tinguished colleagues to join me in congratu- Service Award. tion of bluff tops as open space. lating Eric Starnes on his many years of serv- Mr. Speaker, I ask my colleagues to join in You can surmise from these accomplish- ice. commending Captain Baggett for his commit- ments that Marina, a learning and develop- f ment to our country and the sacrifices he ment consultant by training, is not afraid to IN TRIBUTE TO THELMA SIAS made on its behalf. On the occasion of his re- take on difficult and large projects and to see tirement from the federal service, I thank him them through. Marina is a person who doesn’t and his family for his honorable service to our give up. Even if she is defeated, she will try HON. GWEN MOORE nation and wish him fair winds and following again. She first ran for the city council in 2001 OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES seas as he concludes a distinguished career. and lost. I wrote her a letter encouraging her f to run again, reminding her that Abraham Lin- Wednesday, January 4, 2017 coln ran and lost many times before he suc- Ms. MOORE. Mr. Speaker, I rise today to HONORING MARINA FRASER ceeded. Sure enough, she won her seat on recognize Thelma Sias, Vice President of the council in 2003 and has served the resi- Local Affairs for WE Energies, who is retiring HON. JACKIE SPEIER dents of the coastside very well. on January 4, 2017. She has served the orga- OF CALIFORNIA In addition to her council duties, Marina is nization with distinction for over 31 years, be- IN THE HOUSE OF REPRESENTATIVES always looking for ways to give back to the ginning in 1986. Wednesday, January 4, 2017 community and improve the lives of others. Thelma was born in rural Mayersville, Mis- She has created activities and services for sissippi, growing up during the civil rights-era. Ms. SPEIER. Mr. Speaker, I rise to recog- Her father was a farmer. Her mother was a nize Marina Fraser for her 13 years of exem- youths and seniors and volunteered with Friends of the Library, the Half Moon Bay schoolteacher, farmer, and restauranteur. She plary public service on the Half Moon Bay City is one of 11 children, all of whom graduated Spanish Town Historical Society, and the Cou- Council, including three years as mayor of this from college or technical college. Thelma Sias gar Boosters. picturesque coastal town that I am very proud received an academic scholarship to Clark to represent in Congress. Marina has been a Mr. Speaker, I ask the members of the College in Atlanta where she ultimately re- tireless advocate for coastside residents, in House of Representatives to join me in hon- ceived her degree. In 1976, Ms. Sias came to particular children and seniors. I am honored oring the public service of Councilmember and Wisconsin to work as the Supervisor of the to have worked with Marina for more than a Mayor Marina Fraser on the Half Moon Bay Ethnic Heritage Recruitment Center for the decade and to call her a close friend. City Council. While she may be leaving the University of Wisconsin-Green Bay, making During her tenure on the council, she council, her contributions will continue to the Badger State her new home. served on the San Mateo County Council of shape life on the coastside for years to come Ms. Sias spent most of her career making Cities, the San Mateo County Joint Powers and I have no doubt that she will remain an an extraordinary impact on people in Wis- Authority, the San Mateo County Congestion important voice in our community. consin by seeking common ground and finding

VerDate Sep 11 2014 05:19 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JA8.009 E04JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS January 4, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E19 solutions. Over the years, she has sat on at ment. He is also heavily involved in keeping trade and investment. He has effectively rep- least a dozen boards, including the Zoological the current renovation of the historic Town resented his member companies by working Society of Milwaukee, Children’s Hospital and Hall on track. with Members of Congress and many Admin- Health System Foundation, Milwaukee Public Councilmember Silva and his fellow istrations on a broad range of trade and in- Library Foundation, and the Milwaukee Area councilmembers are always striving to main- vestment issues, including all major trade Workforce Investment Board. Thelma was tain a harmonious balance between old and agreements during his tenure as well as Trade paid to do what naturally was a part of her new. Brick paved residential streets with orna- Promotion Authority. He has vigorously de- core: making connections and fostering rela- mental street lights coexist with Interstate 280. fended the needs of U.S. companies and their tionships. It is also why she has been such an The historic Town Hall and Community Center employees as they strive to compete in to- asset to WE Energies in serving their interests coexist with the modern Metro Center and day’s global marketplace, achieve market ac- in a manner that supports the communities Serramonte Shopping Center. cess for their exports, and create jobs here at dear to my heart. In her position, she was able While on the council, Joe served on the home. to help establish connections between people Grand Boulevard Task Force, the Peninsula I send my best wishes to him, and his wife in need and those who can help through the Clean Energy Board of Directors, and the C/ Susan, who is always by his side, during his corporation’s separate, nonprofit arm, Wis- CAG Board of Directors. He cares deeply retirement. consin Energy Foundation, which has invested about his community and improving the quality f $130 million into Wisconsin and Michigan of life for everyone. HONORING SUN VALLEY communities since 1982. Joe has a ‘‘roll up your sleeves’’ and ‘‘can Ms. Sias has a natural gift for connecting do’’ attitude. This was evident during the re- ELEMENTARY SCHOOL people, which she has to move the powerful to cession that started in 2008 when he helped invest both financially and emotionally in eco- strengthen the town’s retail base by finding HON. JARED HUFFMAN nomically distressed communities in a way ways to entice people to shop at Colma’s OF CALIFORNIA that fosters sustainable solutions to problems. businesses and car dealerships. He collabo- IN THE HOUSE OF REPRESENTATIVES I am grateful to have had the opportunity to rated with the Daly City-Colma Chamber of Wednesday, January 4, 2017 know and work with her for so many years. Commerce to think outside the box and come Mr. HUFFMAN. Mr. Speaker, I rise today to Thelma is political, but, more importantly, she up with creative ideas. Joe’s optimism and de- recognize Sun Valley Elementary School is knowledgeable and she cares. She has re- termination were instrumental in guiding his which was selected as a 2016 National Blue mained an integral part of the community, home town through one of the most chal- Ribbon School by the U.S. Department of maintaining her residence and remaining lenging times since the Great Depression. Education in recognition for its Exemplary deeply committed to the Johnsons Park neigh- Joe also finds time to volunteer for good High Performance as one of the top schools in borhood community in central city Milwaukee. causes such as the Lutheran Hope School in the nation as measured by state and national In addition to all her work with the Foundation Daly City, Habitat for Humanity, the North Pe- assessments. This highly competitive award and the community, she has found time to be ninsula Food Pantry and Dining Center of Daly reflects outstanding academic achievement a fixture in every presidential campaign from City, and Club Dust, an organization building and the highest caliber of professional service, Carter to Obama. I join her friends and hus- homes for extremely poor families in Mexico. and family and community engagement. band of over 30 years, Stephen Adams, in He has participated eight times in the AIDS/ With over 500 students from a variety of so- congratulating her on her well-earned retire- LifeCycle Ride to End AIDS, a seven-day, 545 cioeconomic and ethnic backgrounds, Sun ment. I wish her much success as she transi- mile bike ride from San Francisco to Los An- Valley Elementary School offers comprehen- tions into a different phase of her life. geles that raises money and awareness for sive educational programs that academically Mr. Speaker, I am proud to honor Thelma HIV and AIDS. If you do the math, that’s 4,360 challenge and instill a joy of learning in its stu- Sias and I am proud to call her friend. The citi- miles. For his continued dedication to the dents and ensures every child has the skills zens of the Fourth Congressional District and AIDS ride, he received the distinguished San and knowledge to reach their full potential. the State of Wisconsin are privileged to have Mateo County Mayors’ Diversity Award in Mr. Speaker, this hard-earned distinction re- someone of her ability and dedicated service 2012. flects a true community success. From the working on their behalf for so many years. Joe grew up in the Bay Area and attended ‘‘Super Star’’ students and their families, to the Thelma, I thank you for all that you have Jefferson High School in Daly City. He moved staff and administrators and the extended done. I am honored for these reasons to pay to Colma 30 years ago and has lived here community, Sun Valley Elementary School has tribute to Thelma Sias. ever since with his wife, Cynthia. They have developed an education model for the state f raised two daughters, Sandra and Nicole. and nation, empowering students of today to Mr. Speaker, I ask the members of the HONORING JOSEPH SILVA be the problem-solvers, inventors, and pio- House of Representatives to join me in recog- neers of tomorrow. Please join me in con- nizing Councilmember Joseph Silva for two gratulating Sun Valley Elementary School on HON. JACKIE SPEIER decades of service to the residents of Colma. this impressive achievement. OF CALIFORNIA While he is leaving the council, I have no f IN THE HOUSE OF REPRESENTATIVES doubt he will remain an active member of our Wednesday, January 4, 2017 community for many years to come. HONORING DAVID CANEPA f Ms. SPEIER. Mr. Speaker, I rise to honor HON. JACKIE SPEIER Joseph Silva for his 20 years of service on the RETIREMENT OF CALMAN COHEN, OF CALIFORNIA Colma City Council, two of them as vice PRESIDENT OF THE EMERGENCY IN THE HOUSE OF REPRESENTATIVES mayor. At 1,400 residents, Colma is the small- COMMITTEE FOR AMERICAN est town in San Mateo County on the San TRADE Wednesday, January 4, 2017 Francisco Peninsula. While Colma is best Ms. SPEIER. Mr. Speaker, I rise to honor known as the City of Souls because it is home HON. KEVIN BRADY Councilman David Canepa who is leaving the to 16 cemeteries, locals will point out its archi- OF TEXAS city council of Daly City to assume a new po- tectural charm created by Spanish-Mediterra- IN THE HOUSE OF REPRESENTATIVES sition as a member of the San Mateo County nean motifs, its modem infrastructure, includ- Board of Supervisors from District 5. David’s ing a BART station, and its central location Wednesday, January 4, 2017 service to Daly City began in the fateful year that makes it easily accessible from anywhere Mr. BRADY of Texas. Mr. Speaker, I rise of 2008 when he was first elected to the coun- in the Bay Area. Colma is a small town where today to congratulate Calman Cohen on his cil. residents and businesses happily coexist. retirement after a distinguished and productive As we all know, 2008 and the next few Joe Silva has been instrumental in creating career. Dr. Cohen built on his public service at years were financially difficult for many Ameri- or restoring the town’s iconic buildings and the Office of the U.S. Trade Representative cans. The budget of Daly City was not spared structures. During his tenure, the town built and the Senate by leading the Emergency this stress. Working with his colleagues, David the 5,500 square foot Colma Community Cen- Committee for American Trade for many helped craft budgets that were balanced and ter that houses the restored historical museum years, an organization of leading U.S. compa- that included difficult choices, including a re- and railroad depot, the Sterling Park Recre- nies with a mission to support economic duction in city hall work days, while preserving ation Center and the Colma Police Depart- growth through the expansion of international essential life, health and safety services.

VerDate Sep 11 2014 05:19 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JA8.012 E04JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E20 CONGRESSIONAL RECORD — Extensions of Remarks January 4, 2017 As a C/CAG representative, David Canepa that has worked on or assisted all levels of vidual as Investigator Holbrook. Her contribu- represented Daly City as cities throughout San crimes. In addition, Investigator Holbrook was tions and accomplishments in support of the Mateo County joined together to resolve an invaluable resource for the Washington Washington State ICAC Task Force mission issues involving transportation funding, con- State Internet Crimes Against Children (ICAC) will positively impact Southwest Washington gestion management, and storm water man- Task Force and the Seattle Police Depart- for generations to come. I want to thank Inves- agement. C/CAG also establishes the public ment. Her efforts of the task force to inves- tigator Holbrook for her tireless work and con- policy position of 21 cities and the County of tigate, prosecute and convict those individuals gratulate her on her retirement. San Mateo. who would harm vulnerable children are admi- f While serving as Vice Chair of the San rable. Mateo County Transportation Authority, Coun- As one of the first investigators in Wash- HONORING THE 50TH cilman Canepa helped prioritize hundreds of ington certified in Peer to Peer child pornog- ANNIVERSARY OF LOBAR, INC. millions of dollars in transportation projects raphy investigations, Investigator Holbrook throughout San Mateo County. This responsi- brought her proactive approach to child sexual HON. SCOTT PERRY bility went hand-in-hand with his service on exploitation investigations. She quickly be- OF PENNSYLVANIA the Bay Area Regional Air Quality Manage- came proficient in the very technical and labor IN THE HOUSE OF REPRESENTATIVES ment District where he again represented intensive methods for identifying Internet Pro- Wednesday, January 4, 2017 tocol addresses of offenders offering to share county cities in deliberations over air quality Mr. PERRY. Mr. Speaker, today I offer my child pornography files across the Internet. regulations and violations of the law by sincere thanks and congratulations to Lobar, Through these cases, she identified one child emitters. Inc. on its upcoming 50th Anniversary on Jan- David Canepa served as mayor in 2014 and sexual-abuser after another and used the ex- uary 19, 2017. was overwhelmingly re-elected to the city pertise and credibility she’d developed to con- Lobar, Inc. is one of Central Pennsylvania’s council in 2014. He is a fourth-generation resi- vict them in court. Investigator Holbrook is largest construction services firms. Family dent of San Mateo and was born in Daly City. considered a leading expert in these types of owned, Lloyd and Barbara Eichelberger start- He graduated from nearby Skyline College investigations, has certified hundreds of other ed Lobar, Inc. in 1967 and quickly built a rep- and the University of San Francisco. He and investigators in the use of Peer to Peer inves- utation for reliability. Today, Lobar Inc. is a his wife, Ana, live in Daly City. tigative technology and assisted many more multi-million dollar business that offers con- In his early career, he served as an aide to with investigations. struction services throughout Pennsylvania. a state legislator. Through his work with the Due to Investigator Holbrook’s hard work Lobar Inc. has earned a reputation for ex- Housing Endowment and Regional Trust and collaborative nature, she paved the way cellence in customer relations and quality of (HEART) and Housing our People Effectively for the Vancouver Police Department to be- work. Their mission statement sums up per- (HOPE), Councilman Canepa has worked to come an Affiliate Agency for the Department fectly the reason for their success: ‘‘To provide create affordable housing for San Mateo of Justice’s Internet Crimes Against Children superior construction services for our cus- County residents, many of whom are in a cri- Task Force in Washington State. Through this tomers at fair prices and at the same time, sis because of skyrocketing rents and wages task force, Investigator Holbrook has made have our customers enjoy working with Lobar, that cannot keep pace. He also served as a hundreds of referrals to agencies statewide Inc. Our goal is to have our customers want director of the North San Mateo County Sani- and internationally that have resulted in the ar- Lobar, Inc. to do their construction work.’’ tation District. In Daly City, he is known for his rest and conviction of numerous Child Sexual On behalf of Pennsylvania’s Fourth Con- efforts to improve public safety, spur economic Exploitation offenders. gressional District, I thank and congratulate development, and to preserve both neighbor- For example, Investigator Holbrook was the employees of Lobar, Inc., both past and hoods and the environment. called to conduct the forensics on a particu- present, on their 50th Anniversary and wish Mr. Speaker, Daly City is a remarkable larly difficult child pornography case where them continued great success in the years to place in San Mateo County. Its residents are proving possession was critical to obtain a come. friendly and the city has always been family successful prosecution. Investigator Holbrook f oriented. Daly City is now losing a leader in initially identified a Peer to Peer user sharing local government, but it will gain an advocate child pornography and forwarded this informa- HONORING JOHN MULLER at the county. The interests of the city will be tion to Cowlitz County authorities for investiga- joined to those of South San Francisco, Bris- tion. The resulting search warrant led to the HON. JACKIE SPEIER bane, Colma, Broadmoor and San Bruno identification and seizure of 13 child pornog- OF CALIFORNIA which together with Daly City form District 5. raphy files on the defendant’s computer. Fur- IN THE HOUSE OF REPRESENTATIVES From criminal justice to healthcare to environ- ther investigation, however, revealed the de- Wednesday, January 4, 2017 mental protection to transportation and dozens fendant had successfully deleted hundreds of of other quality-of-life concerns, District 5 will files that he had been sharing over the course Ms. SPEIER. Mr. Speaker, I rise to honor have an important voice for residents in David of eighteen months. Holbrook assisted the As- John Muller, better known as Farmer John, for Canepa. I wish him well as he seizes the op- sistant U.S. Attorney Grady Leupold and the his 10 years of public service on the Half portunities to serve his constituents in the team who successfully litigated the perpe- Moon Bay City Council, including one year as years ahead. trator. Investigator Holbrook’s selfless dedica- mayor. As a farmer, John has deep roots in f tion to an investigation far beyond her case re- the community and always strives to nurture sponsibility played a pivotal role in bringing the quality of life of all residents of the HONORING INVESTIGATOR MAGGI this person to justice. coastside. I am very grateful to have worked HOLBROOK WITH THE VAN- Over the years, Investigator Holbrook has with him for more than three decades and to COUVER POLICE DEPARTMENT been a tremendous and valuable partner to call him a dear friend. law enforcement agencies across the state as While on the council, Councilman Muller HON. JAIME HERRERA BEUTLER well as many federal partners: Department of served on the Chamber Government Affairs OF WASHINGTON Homeland Security Child Exploitation Unit, the Committee, the Sewer Authority Mid- IN THE HOUSE OF REPRESENTATIVES Federal Bureau of Investigation, the U.S. Mar- Coastside, the League of California Cities shals Service, the United States Postal Serv- Coastal Cities Issue Group, the San Mateo Wednesday, January 4, 2017 ice and the U.S. Secret Service. County Airport Land Use Committee, the As- Ms. BEUTLER. Mr. Speaker, I rise today to Holbrook has had an outstanding career sociation of Bay Area Governments, and the honor the career of Investigator Maggi Hol- that has been dedicated in not only the suc- City County Association of Governments. brook with the Vancouver Police Department, cessful criminal investigations and rescues of John was instrumental in restoring Half and recognize her contributions to Southwest children, but in building resources to assist Moon Bay’s fiscal health. The Great Reces- Washington during 16 years of public service. others in their efforts. Her work have contrib- sion combined with a multi-million dollar land Investigator Holbrook’s dedication to the uted to training the next generation of inves- use settlement put the city at the brink of community can be seen through her long serv- tigators, forensic examiners and even pros- bankruptcy. Through strategic decisions, col- ice to the Vancouver, Washington, Seattle, ecutors to carry on this extremely necessary laboration and meticulous work, John and his Washington, and Portland, Oregon areas. In and valuable work. fellow councilmembers managed to balance the Vancouver Police Department, she estab- Southwest Washington is proud to have had the budget and placed the city on solid finan- lished a Digital Evidence Cybercrimes Unit such an extremely talented and dedicated indi- cial footing. Today, Half Moon Bay is a thriving

VerDate Sep 11 2014 05:19 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A04JA8.016 E04JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS January 4, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E21 community and destination for people from all tires from the Marin County Board of Super- tended breadth of service up and down the over the Bay Area and the country. Main visors after serving the people residing in the line, Supervisor Steve Kinsey has been a tire- Street is a colorful collection of artisan stores, Fourth District, and Marin County, with excep- less strategic and practical thinker, and an ef- sustainable restaurants and small hotels. Sig- tional distinction for nearly 20 years. Through- fective civic representative. nature events, such as the Pumpkin Festival, out his tenure, Supervisor Kinsey has been Steve Kinsey’s legacy is one of dedicated Farm Day, Nights of Light, the Seafood Fes- steadfast and passionate in his pursuit of so- service to the environment and health and tival, and Pacific Coast Dream Machines, cial equity, protection of the agricultural land- well-being of Marin County. Please join me in show off the best that Half Moon Bay has to scape and historic ranching community in congratulating him on his retirement, express- offer. West Marin, and improved transportation infra- ing deep appreciation for his long and excep- In addition to his duties on the council, John structure and services, among many other tional career and outstanding contributions served on the Regional Water Quality Control noble causes. Most importantly, he has been throughout the County, and wishing him well Board for 21 years, 13 of them as chair, hav- productive through the decades, accom- in his next adventure. ing been appointed by four California gov- plishing many victories for the people and f ernors. He is also a former member and chair places of Marin. of the Coastside County Water District Board, Born in Wilmington, Delaware in 1952, Su- HONORING OUR NATION’S former chair of the Society of American Flo- pervisor Kinsey earned his B.A. in Architecture VIETNAM VETERANS rists Government Relations Committee, former from Arizona State University. He moved to member of the Secretary of Agriculture’s Spe- Forest Knolls in 1978 where he raised a fam- HON. RALPH LEE ABRAHAM cial Committee to streamline management of ily, owned and operated his own design/build OF LOUISIANA the USDA, and a past president and current business for 18 years, and volunteered in the IN THE HOUSE OF REPRESENTATIVES member of the San Mateo County Farm Bu- community. As a member of the Marin Con- Wednesday, January 4, 2017 reau. He still serves on the U.S. EPA’s Local servation League Board of Directors, he was Government Advisory Committee, the Agricul- recognized for promoting water conservation Mr. ABRAHAM. Mr. Speaker, in honor of tural Technical Advisory Committee for Fruits strategies and advocating for a Bayland Cor- our Nation’s and the State of Louisiana’s Viet- and Vegetables, and the California Agricultural ridor to increase protections for bayside wet- nam veterans, I introduce Louisiana House Education Foundation. lands. A stalwart public school advocate, he Concurrent Resolution 43. With his council duties and the additional secured for the Lagunitas School District funds This resolution recognizes November 13, volunteer work, it is somewhat of a miracle for facilities improvements and school-based 2013 through November 11, 2025, as the that Farmer John still manages to do his day health and support services for its students commemoration of the 50th Anniversary of the job. He is the owner of Daylight Farms and and families. Vietnam War. It is important that we recognize John’s Pumpkin Farm in Half Moon Bay. He Elected to the Board of Supervisors in 1996, our Nation’s heroes who served with valor and and his wife of 47 years, Eda, are also fixtures Supervisor Kinsey took office on January 7, honor through this long war, which in many at the Half Moon Bay Farmers Market every 1997, and served for five terms, representing ways defined an entire generation of Ameri- week. I’ve had the pleasure of seeing John’s all of the coastal areas of Marin County as cans. By the end of the Vietnam War, nearly connection to the land when he is tending to well as several bay side communities. As an 3 million American servicemen and service- his pumpkins, produce and chickens in his elected official, including five times as Board women had served within the borders of Viet- fields. Not only does he grow beautiful decora- President, he focused on watershed and fish- nam in some capacity. We would like to take tive pumpkins that my office purchases for my ery restoration, sustainable agriculture, the in- this time to honor all Vietnam veterans and, annual senior conference, he also grows mon- tegration of transportation and land use plan- especially, the more than 58,000 patriots who ster pumpkins that he enters into the World ning, and sound fiscal management. He cham- paid the ultimate sacrifice during this difficult Champion Pumpkin Weigh-Off in Half Moon pioned the needs of children and families, and and painful period of war. Bay. has worked closely with communities of color Of the millions of Vietnam veterans who John and Eda are true stewards of our plan- to reduce the barriers to equal opportunity. served our country, over 106,000 reside in my et. They were honored with the U.S. EPA’s He served on the boards of numerous orga- home State of Louisiana. Though we remain Presidential Volunteer Service Award for their nizations including the Board of the Marin Ag- thankful for all of those who have served our leadership in sustainable, urban agriculture ricultural Land Trust, the Metropolitan Trans- great Nation, we would like to take this time to and with the Agriculture Water Quality Alliance portation Commission, Marin Transit, and the remember the 50th Anniversary of the Viet- award for exemplary efforts to protect water Transportation Authority of Marin, which he nam War. It is important that we honor our quality within the Monterey Bay National Ma- chaired from 1998 to 2011. He joined the Cali- veterans while they are still alive so that they rine Sanctuary. fornia Coastal Commission in 2011, was its can take honor for the sacrifices and know John was born in Palo Alto in 1946 and chairman three times, and served on the that they do not go unnoticed. served in the U.S. Navy from 1963 to 1966. board of the California State Coastal Conser- HCR NO. 43 A CONCURRENT RESOLUTION He graduated from the FBI Citizens Academy vancy. To recognize November 13, 2013, through in 2007. Under his leadership, Marin has become a November 11, 2025, as the commemoration of Mr. Speaker, I ask the members of the national leader in biking and walking, including the 50th Anniversary of the Vietnam War. Whereas, in observance of the 50th Anni- House of Representatives to join me in recog- Safe Routes to School, and established the Bay Area Ridge Trail. During thirteen years as versary of the Vietnam War, it is important nizing John Muller for his dedication to public as a nation and state that we reflect upon service and his lifelong commitment to our Chair of Marin’s Transportation Authority and the valor of a generation that served with community and country. John is a man with a Congestion Management Agency, Supervisor honor and although long and controversial in big heart who loves to share. He deeply cares Kinsey led Marin’s efforts to improve mobility nature, this war in many ways defined an en- for all the people on the coast and quietly and along the 101 corridor and throughout his dis- tire generation of Americans; and with great humility helps them out in any way trict. Drawing on his consensus-building skills, Whereas, although American involvement he can—no fanfare, no attribution. He is a true he secured community support and funding for in the conflict of Vietnam spanned several decades and presidencies, the ground offen- Good Samaritan and a one of a kind leader. voter-highway improvements in the Twin Cities area, and extending the Sonoma Marin Area sive officially began in March of 1965, with How lucky we have been to have him in elect- the deployment of 2,500 Marines and by the ed office for a decade. I admire him and Eda Rapid Transit (SMART) train to the ferry. end of that year, nearly 200,000 American more than they will ever know. It has been my honor and pleasure to join troops were in Vietnam. The strength of the with Supervisor Kinsey to solve significant and f Allied Armed Forces peaked at 543,482 troops complex community issues. From defeating during the Vietnam war; and HONORING STEVEN KINSEY the proposed expansion of Death Row at San Whereas, we draw inspiration from our Quentin State Prison in 2011, to procuring af- Louisiana heros who suffered unspeakable fordable housing in surplused U.S. Coast tragedies. Approximately 153,303 veterans HON. JARED HUFFMAN suffered nonmortal wounding, 14 were held as OF CALIFORNIA Guard facilities in West Marin, to crafting a long-term solution to traffic congestion in Muir Prisoners of War, and 24 remain unaccounted IN THE HOUSE OF REPRESENTATIVES for; and Woods and Muir Beach, to fighting to protect Wednesday, January 4, 2017 Whereas, by the official end of the Vietnam continued historic ranching families in Point War in April of 1975, nearly three million Mr. HUFFMAN. Mr. Speaker, I rise today in Reyes National Seashore, and to ensuring the American servicemen and women had been recognition of Steven (Steve) Kinsey as he re- upcoming SMART system reaches its in- on the ground, in the air, on the rivers, and

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She initiated the tees, and committees of conference. grateful nation, we honor more than 58,000 process to designate Pedro Point Headlands This title requires all such committees patriots who paid the ultimate sacrifice dur- to notify the Office of the Senate Daily ing this difficult and painful period; and as a priority conservation area and worked to Whereas, of the 7,391,000 Vietnam veterans, complete the coastal trail from Pacifica to Dev- Digest—designated by the Rules Com- the United States Department of Veterans il’s Slide, a San Mateo County Park with some mittee—of the time, place and purpose Affairs estimates that roughly 106,148 reside of the country’s most phenomenal ocean bluff of the meetings, when scheduled and in Louisiana. In the half century since the views. She helped ban plastic bags and foam any cancellations or changes in the official beginning of the Vietnam War, our containers in Pacifica and supported protec- meetings as they occur. nation has grappled with the sensitive ef- tions for the Western Snowy Plover, a tiny As an additional procedure along fects of this struggle which accompanies all shore bird listed as threatened under the En- with the computerization of this infor- wars. Yet, we remain thankful to those who mation, the Office of the Senate Daily fought in this conflict and honor the legacy dangered Species Act. of service that they built; and During her tenure, Mary Ann continually Digest will prepare this information for Whereas, the freedom and liberties we are strove to bring community members together printing in the Extensions of Remarks blessed to enjoy today are a direct result of and to heal divides. This may be explained by section of the CONGRESSIONAL RECORD the courage, devotion, and sacrifice of the the outstanding professional experience she on Monday and Wednesday of each members of our Armed Forces. We are grate- brought to the council. Mary Ann is the Clinical week. ful for their brave service and draw inspira- Director and Chief Nurse of Mental Health Meetings scheduled for Thursday, tion and pride from all that they are; there- Services at the San Francisco Veterans Affairs January 5, 2017 may be found in the fore, be it Daily Digest of today’s record. Resolved, That the Legislature of Louisiana Health Care System. She holds a BSN and hereby recognizes November 13, 2013, through two Masters degrees in Nursing and in Clinical November 11, 2025, as the commemoration of Psychology. Her passion to help veterans is MEETINGS SCHEDULED the 50th Anniversary of the Vietnam War. noteworthy. There are thousands of veterans JANUARY 10 who owe their mental health in part to her f 9:30 a.m. management of outstanding psychiatric mental Committee on Armed Services HONORING MARY ANN NIHART health treatment at our VA. Through her ef- To hold hearings to examine civilian forts and those of her colleagues, lives are control of the Armed Forces. HON. JACKIE SPEIER saved each year. Mary Ann is also an Asso- SH–216 Committee on the Judiciary OF CALIFORNIA ciate Clinical Professor at the University of California, San Francisco, and a past presi- To hold hearings to examine the nomina- IN THE HOUSE OF REPRESENTATIVES dent of the American Psychiatric Nurses Asso- tion of Jeff Sessions, of Alabama, to be Wednesday, January 4, 2017 ciation which honored her with the Psychiatric Attorney General, Department of Jus- tice. Ms. SPEIER. Mr. Speaker, I rise to honor Nurse of the Year Award in 2012. SR–325 Mary Ann Nihart for her eight years of service Mary Ann speaks nationally and internation- 10 a.m. on the Pacifica City Council. Her tireless com- ally on the integration of biology into psy- Committee on Homeland Security and mitment to her community has improved this chiatric nursing care, crisis intervention and Governmental Affairs wonderful coastal town for residents and visi- de-escalation. She brought those skills to the Permanent Subcommittee on Investiga- tors alike. Her service even helped shine a na- coast after two tragic police shootings of men- tions To hold hearings to examine tional spotlight on Pacifica. I am proud to tally ill individuals in Pacifica and neighboring Half Moon Bay. She worked with local law en- backpage.com’s facilitation of online count Mary Ann as a constituent, colleague sex trafficking. and friend. forcement to provide additional education and SD–342 Mary Ann was first elected to the council in to amend the training for officers encountering 2008 and served as mayor in 2011 and 2014. mentally ill individuals in violent situations. JANUARY 11 She was also the C/CAG representative to As you can surmise from this long yet in- 9:30 a.m. Pacifica, the Fog Fest Liaison, and she served complete list of accomplishments, Mary Ann Committee on the Judiciary on the North Coast County Fire JPA. Her Nihart is incredibly capable and gets things To continue hearings to examine the council committee assignments included the done. She will retire from the city council due nomination of Jeff Sessions, of Ala- Financing City Services committee, Economic to a flaw in federal law that I intend to fix. I for bama, to be Attorney General, Depart- ment of Justice. Development, the Beautification Advisory one will miss working with her on issues that connect local and federal jurisdictions, such as SR–325 Committee, and the Articulation Committee. 10 a.m. Pacifica’s quality of life was greatly improved human trafficking, sea level rise and veterans’ Committee on Health, Education, Labor, through her representation on the San Mateo health. and Pensions County Transportation Authority and at the As- Mr. Speaker, I ask the members of the To hold hearings to examine the nomina- sociation of Bay Area Governments. House of Representatives to join me in hon- tion of Betsy DeVos, of Michigan, to be As mayor, Mary Ann re-instituted Mayor’s oring an outstanding professional and public Secretary of Education. Walks to personally connect local business servant who has left her mark on the commu- SD–430 10:15 a.m. owners with the city government and city staff. nity she loves. A leader with a big heart and a welcoming smile, Mary Ann Nihart’s work is Committee on Commerce, Science, and She also reinstated the Economic Develop- Transportation ment Committee to develop an economic plan tightly woven into the fabric of Pacifica, a To hold hearings to examine the nomina- for Pacifica. She helped her town receive coastal community that I am very fortunate to tion of Elaine L. Chao, to be Secretary transportation funding for shuttle services and represent. of Transportation. street paving. She initiated and led the Beau- f SR–253 tification Task Force which designated 25 sites 2 p.m. for make-overs. To date, nine of them have SENATE COMMITTEE MEETINGS Committee on Homeland Security and Title IV of Senate Resolution 4, Governmental Affairs been completed. Among her proudest accom- To hold hearings to examine the nomina- plishments was a city-wide effort to have agreed to by the Senate of February 4, tion of General John F. Kelly, USA Pacifica designated as one of the most scenic 1977, calls for establishment of a sys- (Ret.), to be Secretary of Homeland Se- cities in America. The town was one of six fi- tem for a computerized schedule of all curity. nalists in the country. meetings and hearings of Senate com- SD–342

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HIGHLIGHTS See Interim Re´sume´ of Congressional Activity. Senate Commission for a term of five years from July 1, Chamber Action 2015. Routine Proceedings, pages S29–S71 Michael P. Leary, of Pennsylvania, to be Inspector Measures Introduced: Eleven bills and three reso- General, Social Security Administration. lutions were introduced, as follows: S. 21–31, S.J. Tulinabo Salama Mushingi, of Virginia, to be Ambassador to the Republic of Senegal, and to serve Res. 3, S. Res. 6, and S. Con. Res. 4. Pages S59–60 concurrently and without additional compensation as Measures Considered: Ambassador to the Republic of Guinea-Bissau. Budget Resolution—Agreement: Senate began Carolyn N. Lerner, of Maryland, to be Special consideration of S. Con. Res. 3, setting forth the Counsel, Office of Special Counsel, for the term of congressional budget for the United States Govern- five years. ment for fiscal year 2017 and setting forth the ap- Elizabeth A. Field, of the District of Columbia, to propriate budgetary levels for fiscal years 2018 be Inspector General, Office of Personnel Manage- ment. through 2026. Pages S31–45 Robert P. Storch, of the District of Columbia, to During consideration of this measure today, Senate be Inspector General of the National Security Agen- also took the following action: cy. Page S71 By 51 yeas to 48 nays (Vote No. 1), Senate agreed to the motion to proceed to consideration of the con- Messages from the House: Pages S47–48 current resolution. Pages S30–31 Measures Referred: Page S48 A unanimous-consent agreement was reached pro- Executive Communications: Pages S48–59 viding for further consideration of the concurrent resolution at approximately 10 a.m., on Thursday, Additional Cosponsors: Page S60 January 5, 2017. Page S71 Statements on Introduced Bills/Resolutions: Nominations Received: Senate received the fol- Pages S60–65 lowing nominations: Additional Statements: Page S47 Rebecca Emily Rapp, of Wisconsin, to be a Mem- Amendments Submitted: Pages S65–71 ber of the Board of Directors of the Legal Services Privileges of the Floor: Page S71 Corporation for a term expiring July 13, 2019. Glenn Fine, of Maryland, to be Inspector General, Record Votes: One record vote was taken today. Department of Defense. (Total—1) Page S31 David J. Arroyo, of New York, to be a Member Adjournment: Senate convened at 12 p.m. and ad- of the Board of Directors of the Corporation for Pub- journed at 6:45 p.m., until 10 a.m. on Thursday, lic Broadcasting for a term expiring January 31, January 5, 2017. (For Senate’s program, see the re- 2022. marks of the Majority Leader in today’s Record on Brent Franklin Nelsen, of South Carolina, to be a page S71 Member of the Board of Directors of the Corporation for Public Broadcasting for a term expiring January Committee Meetings 31, 2022. Jessica Rosenworcel, of the District of Columbia, (Committees not listed did not meet) to be a Member of the Federal Communications No committee meetings were held. D8

VerDate Sep 11 2014 06:43 Jan 05, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04JA7.REC D04JAPT1 SSpencer on DSK4SPTVN1PROD with DIGEST January 4, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D9 House of Representatives Thoroughly Investigating Retaliation Against Chamber Action Whistleblowers Act: H.R. 69, to reauthorize the Of- Public Bills and Resolutions Introduced: 56 pub- fice of Special Counsel, to amend title 5, United lic bills, H.R. 238–293; and 7 resolutions, H.J. Res. States Code, and to provide modifications to authori- 14–18; H. Con. Res. 4–5, were introduced. ties relating to the Office of Special Counsel. Pages H93–96 Pages H71–74 Additional Cosponsors: Page H98 Recess: The House recessed at 2:53 p.m. and recon- Report Filed: A report was filed today as follows: vened at 4:15 p.m. Page H86 H. Res. 22, providing for consideration of the bill Midnight Rules Relief Act of 2017: The House (H.R. 26) to amend chapter 8 of title 5, United passed H.R. 21, to amend chapter 8 of title 5, States Code, to provide that major rules of the exec- United States Code, and to provide for en bloc con- utive branch shall have no force or effect unless a sideration in resolutions of disapproval for ‘‘midnight joint resolution of approval is enacted into law, and rules’’, by a recorded vote of 238 ayes to 184 noes, providing for consideration of the resolution (H. Res. Roll No. 8. Pages H74–86, H86–87 11) objecting to United Nations Security Council Rejected the Castor (FL) motion to recommit the Resolution 2334 as an obstacle to Israeli-Palestinian bill to the Committee on the Judiciary with instruc- peace, and for other purposes (H. Rept. 115–1). tions to report the same back to the House forthwith Page H93 with an amendment, by a yea-and-nay vote of 183 Speaker: Read a letter from the Speaker wherein he yeas to 236 nays, Roll No. 7. Pages H84–86, H86 appointed Representative Thompson (PA) to act as H. Res. 5, providing for consideration of the bill Speaker pro tempore for today. Page H55 (H.R. 21) was agreed to yesterday, January 3rd. Recess: The House recessed at 10:30 a.m. and re- Meeting Hour: Agreed by unanimous consent that convened at 12 noon. Page H58 when the House adjourns today, it adjourn to meet Suspensions: The House agreed to suspend the rules at 10 a.m. tomorrow, January 5. Page H87 and pass the following measures: Quorum Calls—Votes: One yea-and-nay vote and Approving the location of a memorial to com- one recorded vote developed during the proceedings memorate and honor the members of the Armed of today and appear on pages H86 and H87. There Forces who served on active duty in support of Op- were no quorum calls. eration Desert Storm or Operation Desert Shield: Adjournment: The House met at 10 a.m. and ad- H.J. Res. 3, approving the location of a memorial to journed at 6:02 p.m. commemorate and honor the members of the Armed Forces who served on active duty in support of Op- eration Desert Storm or Operation Desert Shield; Committee Meetings Pages H62–63 Taxpayers Right-To-Know Act: H.R. 71, to pro- ORGANIZATIONAL MEETING; vide taxpayers with an annual report disclosing the REGULATIONS FROM THE EXECUTIVE IN cost and performance of Government programs and NEED OF SCRUTINY ACT OF 2017; areas of duplication among them; Pages H63–65 RESOLUTION OBJECTING TO UNITED NATIONS SECURITY COUNCIL Presidential Library Donation Reform Act of RESOLUTION 2334 AS AN OBSTACLE TO 2017: H.R. 73, to amend title 44, United States ISRAEL-PALESTINIAN PEACE, AND FOR Code, to require information on contributors to Pres- OTHER PURPOSES idential library fundraising organizations; Pages H65–67 Committee on Rules: Full Committee held an organiza- tional meeting for the 115th Congress; and hearing Federal Advisory Committee Act Amendments of on H.R. 26, the ‘‘Regulations from the Executive in 2017: H.R. 70, to amend the Federal Advisory Need of Scrutiny Act of 2017’’; and H. Res. 11, ob- Committee Act to increase the transparency of Fed- jecting to United Nations Security Council Resolu- eral advisory committees; Pages H67–70 tion 2334 as an obstacle to Israeli-Palestinian peace, GAO Access and Oversight Act of 2017: H.R. and for other purposes. The committee adopted rules 72, to ensure the Government Accountability Office of procedure for the 115th Congress and sub- has adequate access to information; and Pages H70–71 committee ratios. The committee granted, by voice

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vote, a structured rule for H.R. 26. The rule pro- NEW PUBLIC LAWS vides one hour of general debate equally divided and (For last listing of Public Laws, see DAILY DIGEST, p. D1159) controlled by the Majority Leader and the Minority Leader or their respective designees. The rule waives H.R. 6452, to implement the Convention on the all points of order against consideration of the bill. Conservation and Management of High Seas Fish- The rule provides that the bill shall be considered eries Resources in the North Pacific Ocean, to im- as read. The rule waives all points of order against plement the Convention on the Conservation and provisions in the bill. The rule makes in order only Management of High Seas Fishery Resources in the those amendments printed in the Rules Committee South Pacific Ocean. Signed on December 16, 2016. report. Each such amendment may be offered only in (Public Law 114–327) the order printed in the report, may be offered only S. 2943, to authorize appropriations for fiscal year by a Member designated in the report, shall be con- 2017 for military activities of the Department of sidered as read, shall be debatable for the time speci- Defense, for military construction, and for defense fied in the report equally divided and controlled by activities of the Department of Energy, to prescribe the proponent and an opponent, shall not be subject military personnel strengths for such fiscal year. to amendment, and shall not be subject to a demand Signed on December 23, 2016. (Public Law for division of the question. The rule waives all 114–328) points of order against the amendments printed in f the report. The rule provides one motion to recom- mit with or without instructions. Additionally, the COMMITTEE MEETINGS FOR THURSDAY, rule grants a closed rule for H. Res. 11. The rule JANUARY 5, 2017 provides one hour of debate equally divided and con- (Committee meetings are open unless otherwise indicated) trolled by the chair and ranking minority member of the Committee on Foreign Affairs. The rule Senate waives all points of order against consideration of the Committee on Armed Services: to hold hearings to examine resolution. The rule provides that the resolution shall foreign cyber threats to the United States, 9:30 a.m., be considered as read and shall not be subject to a SD–G50. demand for division of the question. Testimony was Committee on Foreign Relations: to receive a closed brief- heard from Chairman Goodlatte, Chairman Royce of ing on recent administration actions in response to Rus- California, and Representatives Johnson of Georgia, sian hacking and harassment of United States diplomats, Biggs, Young of Iowa, Engel, Connolly, and Price of 3 p.m., SVC–217. North Carolina. Select Committee on Intelligence: closed business meeting to consider pending calendar business, 2 p.m., SH–219. Joint Meetings House No joint committee meetings were held. No hearings are scheduled.

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Interim Re´sume´ of Congressional Activity

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

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4, 2016 through January 3, 2017 January 4, 2016 through January 3, 2017 Senate House Total Civilian nominations, totaling 354 (including 181 nominations carried Days in session ...... 165 131 . . over from the First Session), disposed of as follows: ′ ′ Time in session ...... 780 hrs., 58 633 hrs., 15 .. Confirmed ...... 91 Congressional Record: Withdrawn ...... 12 Pages of proceedings ...... 7,184 7,641 . . Returned to White House ...... 251 Extensions of Remarks ...... 1,743 . . Public bills enacted into law ...... 72 141 213 Other Civilian nominations, totaling 2,412 (including 97 nominations carried over from the First Session), disposed of as follows: Private bills enacted into law ...... Bills in conference ...... 2 2 . . Confirmed ...... 2,367 Measures passed, total ...... 485 659 1,144 Withdrawn ...... 1 Senate bills ...... 97 75 . . Returned to White House ...... 44 House bills ...... 141 450 . . Air Force nominations, totaling 7,568 (including 181 nominations Senate joint resolutions ...... 1 1 . . carried over from the First Session), disposed of as follows: House joint resolutions ...... 1 1 . . Confirmed ...... 7,495 Senate concurrent resolutions ...... 13 7 . . Returned to White House ...... 73 House concurrent resolutions ...... 17 27 . . Simple resolutions ...... 215 98 . . Army nominations, totaling 5,899 (including 1,740 nominations car- Measures reported, total ...... *329 *495 824 ried over from the First Session), disposed of as follows: Senate bills ...... 242 10 . . Confirmed ...... 5,878 House bills ...... 49 413 . . Returned to White House ...... 21 Senate joint resolutions ...... House joint resolutions ...... 2 . . Navy nominations, totaling 4,408 (including 5 nominations carried Senate concurrent resolutions ...... 6 . . . . over from the First Session), disposed of as follows: House concurrent resolutions ...... 1 5 . . Confirmed ...... 4,401 Simple resolutions ...... 31 65 . . Withdrawn ...... 2 Special reports ...... 12 27 . . Returned to White House ...... 5 Conference reports ...... 3 3 . . Marine Corps nominations, totaling 1,246 (including 3 nominations Measures pending on calendar ...... 462 144 . . carried over from the First Session), disposed of as follows: Measures introduced, total ...... 1,467 2,714 4,181 Bills ...... 1,122 2,224 .. Confirmed ...... 1,245 Joint resolutions ...... 13 29 . . Returned to White House ...... 1 Concurrent resolutions ...... 32 78 . . Simple resolutions ...... 300 383 . . Summary Quorum calls ...... 1 . . Total nominations carried over from the First Session ...... 2,207 Yea-and-nay votes ...... 163 275 . . Total nominations received this Session ...... 19,680 Recorded votes ...... 346 . . Total confirmed ...... 21,477 Bills vetoed ...... 2 3 . . Total unconfirmed ...... 0 Vetoes overridden ...... 1 1 . . Total withdrawn ...... 15 Total returned to the White House ...... 395 * These figures include all measures reported, even if there was no accom- panying Report. A total of 232 written reports have been filed in the Senate, 525 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, January 5 10 a.m., Thursday, January 5

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Reading of the Constitution of ation of S. Con. Res. 3, Budget Resolution. the United States by Members of the House of Represent- atives. Consideration of H.R. 26—Regulations from the Executive in Need of Scrutiny Act of 2017 (Subject to a Rule). Consideration of H. Res. 11—Objecting to United Nations Security Council Resolution 2334 as an obstacle to Israeli-Palestinian peace (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Comstock, Barbara, Va., E17 Perlmutter, Ed, Colo., E17 Granger, Kay, Tex., E15 Perry, Scott, Pa., E20 Abraham, Ralph Lee, La., E21 Grijalva, Rau´ l M., Ariz., E16 Speier, Jackie, Calif., E15, E16, E17, E18, E19, E19, Babin, Brian, Tex., E15 Gutie´rrez, Luis V., Ill., E15 E20, E22 Beutler, Jaime Herrera, Wash., E20 Huffman, Jared, Calif., E19, E21 Thompson, Mike, Calif., E17 Brady, Kevin, Tex., E19 Marchant, Kenny, Tex., E18 Chaffetz, Jason, Utah, E15 Moore, Gwen, Wisc., E18

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